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HomeMy WebLinkAboutORD 1332BILL NO. 23 ORDINANCE NO. 1332 ,• t i AN ORDINANCE OF THE CITY OF CALDWELL, A MUNICIPAL CORPORATION OF IDAHO, DECLARING THE INTENT TO EXCHANGE THE REAL PROPERTY DESCRIBED IN EXHIBIT "B", WHICH SAID EXHIBIT IS ATTACHED HERETO AND MADE A PART HEREOF AS THOUGH SET FORTH IN FULL, TO LOREN E. MARMON AND SHIRLEY E. MARMON, SAID PROPERTY BEING OWNED BY THE CITY; PROVIDING THAT SAID REAL PROPERTY SHALL BE EXCHANGED FOR PROPERTY OWNED BY LOREN E. MARMON AND SHIRLEY E. MARMON, WHICH SAID REAL PROPERTY IS DESCRIBED IN EXHIBIT "A WHICH SAID EXHIBIT IS ATTACHED HERETO AND MADE A PART HEREOF AS THOUGH SET FORTH IN FULL; DECLARING THE INTENT TO EXCHANGE THE PROPERTY DESCRIBED IN EXHIBIT "D ", WHICH SAID EXHIBIT IS ATTACHED HERETO AND MADE A PART HEREOF AS THOUGH SET FORTH IN FULL, TO ROBERT C. CARPENTER AND ELAINE J. CARPENTER, AND PAUL J. ALLREAD AND MARGIE ALLREAD, SAID PROPERTY BEING OWNED BY THE CITY; PROVIDING THAT SAID REAL PROPERTY SHALL BE EXCHANGED FOR PROPERTY OWNED BY PAUL J. ALLREAD AND MARGIE ALLREAD AND ROBERT C. CARPENTER AND ELAINE J. CARPENTER, WHICH SAID REAL PROPERTY IS DESCRIBED IN EXHIBIT "C ", WHICH SAID EXHIBIT IS ATTACHED HERETO AND MADE A PART HEREOF AS THOUGH SET FORTH IN FULL; PROVIDING THAT THE CONSIDERATION RECEIVED BY THE CITY OF CALDWELL IS ADEQUATE; PROVIDING THAT SAID EXCHANGE IS IN THE BEST INTERESTS OF THE CITY OF CALDWELL; PROVIDING THAT A PUBLIC HEARING SHALL BE HELD ON SAID PROPOSED EXCHANGE; PROVIDING THAT NO EXCHANGE SHALL OCCUR UNTIL AT LEAST SIXTY (60) DAYS HAVE EXPIRED FROM THE DATE OF PASSAGE AND APPROVAL OF THIS ORDINANCE; PROVIDING THAT NOTICE OF PUBLIC HEARING SHALL BE PUBLISHED; PROVIDING FOR THIS ORDINANCE TO TAKE EFFECT AFTER ITS PASSAGE, APPROVAL AND PUBLICATION ACCORDING TO LAW. NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND CITY OF THE CITY OF CALDWELL, A MUNICIPAL CORPORATION OF IDAHO AS FOLLOWS: SECTION 1: Be it ordained that the City Council has determined on good cause that it is in the best interests of the City of Caldwell to exchange the real property described in Exhibit "B ", attached hereto and made a part hereof as though set forth in full, for property owned by Loren E. Marmon and -1- Shirley E. Marmon, which said property is described in Exhibit "A ", attached hereto and made a part hereof as though set forth in full; that the consideration for said exchange is adequate and further hereby declaring the intent to exchange said property as herein- after set forth. That the consideration for said exchange is the property described in Exhibit "A ", attached hereto and made a part hereof as though set forth in full, and which said property is owned by Loren E. Marmon and Shirley E. Marmon. SECTION 2: Be it further ordained that the City Council has determined on good cause that it is in the best interests of the City of Caldwell to exchange the real property described in Exhibit "D ", attached hereto and made a party hereof as though set forth in full, for property owned by Robert C. Carpenter and Elaine J. Carpenter and Paul J. Allread and Margie Allread, which said property is described in Exhibit "C ", attached hereto and made a part hereof as though set forth in full; that the consideration for said exchange is adequate and further hereby declaring the intent to exchange said property as hereinafter set forth. That the consideration for said exchange is the property described in Exhibit "C ", attached hereto and made a part hereof as though set forth in full, and which said property is owned by Robert C. Carpenter and Elaine J. Carpenter and Paul J. Allread and Margie Allread. -2- SECTION 3: That the consideration for said exchange is adequate and that said exchange is in the best interests of the City of Caldwell. SECTION 4: Be it further ordained that a public hearing be held before the City Council more than sixty (60) days from the date of adoption and approval of this ordinance, and that notice thereof be given. SECTION 5: Be it further ordained that this ordinance shall be in full force and effect from and after its passage, approval and publication according to law. PASSED BY THE COUNCIL of the City of Caldwell this /l , day of July, 1974• APPROVED BY THE MAYOR of the City of Caldwell this _Z'3 of July, 1974 ATTEST: i 93Fy Clerk Mayor �— -3- 9 0 1 EXHIBIT A LOREN E. AND SHIRLEY E. MARMON TO CITY OF CALDWELL, IDAHO A strip of land 25 feet in width lying adjacent and East of the West line of the East Half of the Southeast Quarter of Section 21, Township 4 North, Range 3 lest of the Boise Meridian, being a portion of Lots 5 and 6 of Block 112 of Strahorn Addition No. 1, Caldwell, Idaho, according; to the revised map of Caldwell, Idaho, filed July 29, 1891, at 3:00 o'clock p.m. and now of record and on file in Book 1 of Plats, papre 20, Records of Canyon County, State of Idaho, further described as follows: BEGINNING at a point which is on the South right -of -way line of Aven Street, and on the west line of the East Half of the Southeast Quarter of said Section 21, 63 feet South of the Northwest corner of the East Half of the Southeast Quarter of said Section 21; thence Easterly on the South right -of -way line of Aven Street, a distance of` 25.00 feet, thence Southerly and parallel with the West line of the East Half of the Southeast Quarter of said Section 21, a distance of 117.88 feet to the Northeasterly right -of -way line of the alley in said Block 112; thence Northwesterly on the Northeasterly right-of-way line of the alley in said Block 112, a distance of 33.98 feet to the West line of the East Half of the Southeast Quarter of said Sec- tion 21; thence Northerly on the West line of the East Half of the Southeast Quarter of said Section 21, a distance of 94.66 feet to the POINT OF BEGINNING. ,.; C. EXHIBIT B CITY OF CALDWELL, IDAHO TO LOREN E. AND SHIRLEY E. MARMON Lots 10, 11 and 12 of Strahorn Addition No. I to Caldwell, Idaho according to the revised map of Caldwell, Idaho, filed July 29, 1891 at 3:00 o'clock p.m. and now of record and on file in Book I of Flats, page 20, Records of Canyon County, 'State of Idaho, and the vacated Northeasterly half of the all-ei ad .4 .1 jacent. EXHIBIT C PAUL J. AND MARGIE ALLREAD AND R03ERT C. A ^1D ELAI`vE J. CARPENTER '70 TI-Ir' CITY OF CALDWELL, IDAHO A strip of land 13.00 feet in width lying, adjacent and East of the West line of the 'East Half of the Southeast Quarter of Section 21, Township 4 North, Ranee 3 'blest of the Boise Meridian, rein ; a portion of Lots 14, 1.5 and 16 of Block 112 of Strahorn Addition No. 1 to Caldwell, Idaho according to the r.evise(l mq,) of Caldwell, Idaho filed July 29, 1891, a'. 3:00 o'cloclt n.m. rand now of record and on 'file in I',00k 1 of Plats, page 20, IIecords of Canyon County, State of Idaho, more particularly described as follows: BEGIivi4IING at a point on the West line of the East Half of the Southeast Quarter of said Section 21, which is South 0 °58' West, 266.51 feet from the Northwest cornier of the East Half of the said Southeast Quarter; thence North 84 'East, 13.09 feet; thence South 0 0 5?-' "Test, 09.48 feet to a point on the Southwes- terly line of said Block 112; thence North 46 0 24 1 25" West, 17.67 feet on the Southwesterly line and the Southwesterly line extended of said Block 112 to the West line of the East Half of the said Southeast quarter; thence North 0 °58' East, 75.99 feet along the West line of the I?.ast Half of the said Southeast Quarter to ;he POINT OF I3 GINIdI °JG. 0 EXHIBIT D CITY OF CALDWELL, IDAHO TO PAUL J. AND MARGIE ALLREAD AND ROBERT C. AND ELAINE J. CARPENTER Commencin^; at the Northwest corner of the East Half of the Southeast Quarter of Section 21, Township 4 North, Range 3 West of the Boise meridian, thence South 0° 58' West, along the West line of the said East Half of the Southeast Quarter 266.51 feet°, thence North 84 East, 13.09 feet to the TRUE POINT OF BEGINNING; thence 'forth 10 19' East, 65.92 feet; thence Sough 46 East, 83.55 feet thence South 84 west, 72.68 feet to the :.'RUE POINT OF NEnINNING and the vacated Southwesterly half of the alley adjacent.