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HomeMy WebLinkAboutORD 1365�t BILL NO. 18 ORDINANCE NO. 1365 By p AN ORDINANCE RECITING RESOLUTION GIVING NOTICE; DETERMINING THAT THE VACATION OF THE FOLLOWING DESCRIBED STREET, TO -WIT: Everett Street between 38th Avenue and 41st Avenue, more particularly described as follows: A part of Nicol - Farwell Addition to Caldwell, Canyon County, Idaho in Section 35, Township 4 North, Range 3 West of the Boise Meridian, more particularly described, to -wit: Commencing at the Southerly corner of Lot 9 of Block 5 of Nicol- Farwell Addition to Caldwell, Canyon County, Idaho, the INITIAL POINT of this description; thence South 43 ° 22' West 50.75 feet, along the Northwesterly line of 41st Avenue to the Northeasterly right of way line of the Wilson Drain; thence North 36 °48' West 570.32 feet, along the said Northeasterly right of way line to an angle point; thence North 16 ° 38' West 535.69 feet, continuing along the said Northeasterly right of way line to the Southwesterly line of Dearborn Street; thence South 46 ° 38' East 175.86 feet, along the said Southwesterly line of Dearborn Street, to the Northerly Corner of Lot 1 of said Block 5; thence South 43 ° 22' West 43.80 feet, to the Westerly Corner of Lot 1 said Block 5; thence South 16 ° 38' East 352.70 feet, along the Southwesterly line of said Block 5, to an angle point in the Southwesterly line of Lot 4 of said Block 5; thence South 36 °48' East 552.70 feet along the South- westerly line of said Block 5, to the INITIAL POINT of this description. This tract contains 1.24 acres, more or less. IS IN THE PUBLIC INTEREST; PROVIDING THAT THE TITLE TO SAID EVERETT STREET BETWEEN 38TH AVENUE AND 41ST AVENUE IN NICOL- FARWELL ADDITION TO THE CITY OF CALDWELL, CANYON COUNTY, IDAHO, AS VACATED, SHALL REVERT TO THE PERSONS DEDICATING THE SAME, THEIR SUCCESSORS, HEIRS AND ASSIGNS, SUBJECT TO ALL UTILITY COMPANIES AND ALL EASEMENT RIGHTS IN THE AREA, IF ANY, PER- TAINING TO SEWER LINES, WATER LINES, POWER LINES, TELEPHONE LINES AND GAS LINES, TOGETHER WITH ACCESS TO AND FROM SAID AREA TO MAINTAIN, REPAIR OR REPLACE THE SAME. BE IT ORDAINED By the Mayor and Council of the City of Caldwell, Idaho: SECTION 1. That by Resolution passed by the Council and approved by the Mayor of the City of Caldwell, Idaho, on the 2 nd day of _ September , 1975, and published in the News - Tribune, a newspaper published in the City of Caldwell, Idaho, in two issues thereof on the 6th day of Sep tember_ , 1975, and on the 13th day of Septemb , 1975, notice was -1- F given to citizens and owners of property in the City of Caldwell, Idaho, that an application has been presented to the Mayor and Council of the City of Caldwell, Idaho, requesting the passage and approval of an ordinance vacating Everett Street between 38th Avenue and 41st Avenue in Nicol - Farwell Addition to the City of Caldwell, Canyon County, Idaho, which said lands are hereinabove described, subject to the reservations of all utility companies and all existing easement rights in the area comprising easement rights for sewer lines, water lines, power lines, telephone lines and gas lines as presently located thereon or therein, with the further reservation to the City of Caldwell, if applicable, and all utility companies with easement rights in the area comprising said easement rights for access to and from said area to maintain, repair or replace the present existing sewer, water, power, telephone and gas lines as presently located thereon or therein. SECTION 2. That it is hereby determined that it is to the best public interest that the said Everett Street between 38th Avenue and 41st Avenue in Nicol- Farwell Addition to the City of Caldwell, Canyon County, Idaho, be vacated subject to existing easement rights and further easement rights as herein - above set forth. SECTION 3. Be it ordained and established that Everett Street between 38th Avenue and 41st Avenue in Nicol - Farwell Addition to the City of Caldwell, Canyon County, Idaho, described as follows: A part of Nicol - Farwell Addition to Caldwell, Canyon County, Idaho, in Section 35, Township 4 North, Range 3 West of the Boise Meridian, more particularly de- scribed to -wit: Commencing at the Southerly corner of Lot 9 of Block 5 of Nicol- Farwell Addition to Caldwell, Canyon County, Idaho, the INITIAL POINT of this description; thence South 43 0 22' West 50.75 feet, along the Northwesterly line of 41st Avenue to the Northeasterly right of way line of the Wilson Drain; thence North 36 0 48' West 570.32 feet, along the said Northeasterly right of way line to an angle point; thence North 16 ° 38' West 535.69 feet, continuing along the said Northeasterly right of -2- t way line to the Southwesterly line of Dearborn Street; thence South 46 ° 38' East 175.86 feet, along the said Southwesterly line of Dearborn Street, to the Northerly Corner of Lot 1 of said Block 5; thence South 43 ° 22' West 43.80 feet, to the Westerly Corner of Lot 1 said Block 5; thence South 16 ° 38' East 352.70 feet, along the Southwesterly line of said Block 5, to an angle point in the Southwesterly line of Lot 4 of said Block 5; thence South 36 0 48' East 552.70 feet, along the Southwesterly line of said Block 5, to the INITIAL POINT of this description. This tract contains 1.24 acres, more or less. shall be vacated and shall no longer be open or subject to the use of the public; and thereupon the title to said Everett Street between 38th Avenue and 41st Avenue in Nicol- Farwell Addition to the City of Caldwell, Canyon County, Idaho, above described, shall pass and revert to the persons dedicating the same or their successors, heirs, and assigns, subject to existing easement rights in the area comprising easements for sewer lines, water lines, power lines, telephone lines and gas lines as presently located thereon or therein, with the further reservation to all utility companies with easement rights in the area for access to and from said area to maintain, repair or replace the present existing sewer, water, power, telephone and gas lines as presently Located thereon or therein. SECTION 4. That all ordinances or parts of ordinances in conflict herewith are hereby repealed. PASSED BY THE COUNCIL of the City of Caldwell, this 7th day of October, 1975. APPROVED BY THE MAYOR of the City of Caldwell, this 7th day of October, 1975. ATTEST: CITY CLERA -3- i 9 r 1 3 b i L) BPS Z 3 54 Fs1L.'. ;DER RECORDED AT THE REQUEST OF OF FEE GRANTOR GRANTEE I TYPE RETURN TO CIrP9J15 -1