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HomeMy WebLinkAboutORD 1369BILL NO. 1 ORDINANCE NO. 136 BY McCloskey AN ORDINANCE RECITING RESOLUTION GIVING NOTICE; DETERMINING THAT VACATION OF THE FOLLOWING DESCRIBED STREET, TO -WIT: This parcel is situated in the Revised Plat of Dorman's Lakeview Addition to Caldwell, Canyon County, Idaho, which plat is on file in Book 2 of Plats at Page 15, in the office of the Recorder of Canyon County, Idaho, and in the NE'k SE4 of Section 28, Township 4 North, Range 3 West of the Boise Meridian and is more particularly described as follows: COMMENCING At the Northeast corner of said Northeast Quarter Southeast Quarter; thence North 89 52' 00" West, along the North boundary of said Northeast Quarter South- east Quarter, a distance of 320.00 feet; thence South 0 08' 30" West, a distance of 25.00 feet to a point on the South boundary of the right of way for Logan Avenue which is the TRUE POINT OF BEGINNING; thence continuing South 0 ° 08' 30" West, along the East boundary of the right of way of Fairview Avenue, a distance of 609.44 feet to a point on the North boundary of Elm Street; thence North 89 52' 00" West, along the North boundary of said Elm Street and parallel with the North boundary of said Northeast Quarter Southeast Quarter, a distance of 26.00 feet to a point on the West boundary of said Fairview Avenue; thence North 0 08' 30" East, along the West boundary of said Fairview Avenue, a distance of 609.44 feet to a point on the South boundary of said Logan Street; thence South 89 52' 00" East, along the South boundary of said Logan Street and parallel with the North boundary of said Northeast Quarter Southeast Quarter, a distance of 26.00 feet to the TRUE POINT OF BEGINNING. This parcel is subject to water line and gas line rights of way. This parcel contains 0.36 acre. IS IN THE PUBLIC INTEREST: 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 2nd day of December , 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 'becember , 1975, and on the 13 th day of Dece , 1975, notice ORDINANCE - 1 was 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 a part of Fairview Avenue in Dorman's Lakeview Addition to 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 in the best public interest that the said Fairview Avenue in Dorman's Lakeview Addition to the City of Caldwell, Canyon County, Idaho, be vacated subject to existing easement rights and further easement rights as hereinabove set forth. SECTION 3. Be it ordained and established that Fairview Avenue in Dorman's Lakeview Addition to the City of Caldwell, Canyon County, Idaho, described as follows: This parcel is situated in the Revised Plat of Dorman's Lakeview Addition to Caldwell, Canyon County, Idaho, which plat is on file in Book 2 of Plats at Page 15, in the office of the Recorder of Canyon County, Idaho, and in the NE4 SEk of Section 28, Township 4 North, Range 3 West of the Boise Meridian and is more particularly described as follows: COMMENCING At the Northeast corner of said Northeast Quarter Southeast Quarter; thence North 89 52' 00" West, along the North boundary of said Northeast Quarter Southeast Quarter, a distance of 320.00 feet; thence South 0 08' 30" ORDINANCE - 2 West, a distance of 25.00 feet to a point on the South boundary of the right of way for Logan Avenue which is the TRUE POINT OF BEGINNING; thence continuing South 0 08' 30" West, along the East boundary of the right of way of Fairview Avenue, a distance of 609.,44 feet to a point on the North boundary of Elm Street; thence North 89 52' 00" West, along the North boundary of said Elm Street and parallel with the North boundary of said Northeast Quarter Southeast Quarter, a distance of 26.00 feet to a point on the West boundary of said Fairview Avenue; thence North 0 08' 30" East, along the West boundary of said Fairview Avenue, a distance of 609.44 feet to a point on the South boundary of said Logan Street; thence South 89 52' 00" East, along the South boundary of said Logan Street and parallel with the North boundary of said Northeast Quarter Southeast Quarter, a distance of 26.00 feet to the TRUE POINT OF BEGINNING. This parcel is subject to water line and gas line rights of way. This parcel contains 0.36 acre. shall be vacated and shall no longer be open or subject to the use of the public; and thereupon the title to said Fairview Avenue in Dorman's Lakeview 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 6th day of January ' , 197 APPROVED BY THE MAYOR OF THE CITY OF CALDWELL This 6th day of .January , 197 ATTEST: MAYOR CITY CLERK