Loading...
HomeMy WebLinkAboutORD 1410BILL NO. 2 ORDINANCE NO. 1410 AN ORDINANCE RECITING PETITION FOR VACATION AND RECITING APPROPRIATE NOTICE THEREFOR WAS GIVEN: DETERMINING THAT VACATION OF THE FOLLOWING DESCRIBED REAL PROPERTY SHALL BE MADE, TO -WIT: See attached Exhibit "A ", which contains a description of the premises, petition for vacation and notice of public hearing thereon, which by this reference is incorporated herein. IS IN THE BEST PUBLIC INTEREST FOR THE CITY OF CALDWELL, IDAHO: BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE CITY OF CALDWELL, IDAHO: Section 1. That by a Resolution passed and approved by the Mayor of the City of Caldwell, Idaho, on the 4th day of January, 1977, and published in the NEWS- TRIBUNE, a newspaper published in the City of Caldwell, Idaho, in two issues thereof on the 18th day of December, 1976, and on the 25th day of December, 1976, and statutory notice having been 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 the above - described real property located in Caldwell, Canyon County, Idaho, 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. ORDINANCE - 1 SECTION 2. That it is hereby determined that it is in the best public interest that the above described premises in the City of Caldwell, Canyon County, Idaho, be vacated, subject to exist- ing easement rights and further easement rights as hereinabove set forth. SECTION 3. Be it ordained and established that the above described premises in the City of Caldwell, Canyon County, Idaho, as more particularly described above, shall be vacated and shall no longer be open or subject to the use of the public; and thereupon title to said premises in 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 easements 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. The above described premises shall be vacated and shall pass and revert to the persons dedicating the same, or their successors, heirs and assigns in the following manner, to -wit: See attached Exhibit "B" which by this reference is incorporated herein. 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 18th day of January , 1977. APPROVED BY THE MAYOR OF THE CITY OF CALDWELL this 18th day of January , 1977. ATTEST: MAYOR �• CITY C ORDINANCE - 2 BEFORE THE CITY COUNCIL, CITY OF CALDI -:E_L, COUNTY OF CANYON, STATE OF IDAHO PETITION TO VACATE PLAT OR A PART THEREOF COrjES NOGT L:1 'r : ^,0 'STRU ^'rlC ^, CO. , IN and Petitions the City of Caldwell, County of Canyon, State of Idaho, to vacate a plat or part thereof and in support of said Petition, alleges as follows: I .That your Petitioner has the following interest in, the property hereinafter described: :'lock_ 2 in the 3rRUC7 ADD- �,:TGi4 r L Pti`fi according to the official n1a.t on file in Loek 15 of a'!ats at pa�,-e 2 in the office of the Recorder of Canyon County, 'daho. II That your Petitioner desires to vacate a plat or part thereof, which is: (1) Inside the City Limits of the City of Caldwell. IIz That the particular circumstances of the request to vacate are as follows: l:a'she,r Construction Co. , Tnc. has dedicated 47 ft. for Cedar St. on the plat; because of this dedication, the lot widths in Block 2 would be too small without usinT this portion of Spruce ':3t. ri,-ht of way. Spruce 7,, tree t couldn't be economically bunt full width and on it normal a li _raiment because of t?:e Low Line Canal, and because the right or way width for Spruce on the ".ountain View Plat ins only 25 ft. PETITION TO VACATE - 1 1V that the lc -al description of the platted _rea of property to be vacated is as follows (if- the folloc•:' space is insufficient, attach an additional p_-e): A ^ortion of the Spruce at. right of way accordin�f to t? Plat the Mountain View Subdivision P.o. 2 now plattci a- a part of Lots I and 4, Block 2, in the SPRUCE accordinp- to the official plat on file in Book 15 of Flat._ at pa-e 2, in the office of the Recorder of Canyon County, Idaho; moire T)a.rticularly described as follows- ! :,MSING at the Southeast corner of said Lot 4 ; thence South 89 24' 25" 'test 20.00 ft. alon t "e South .boundary of said Lots '1 and 4; thence North 0 09' 59" Jest 15.00 ft.; 41 thence North 89 24' 25" La,-,t 22(0.00 �'t.; thence `3outh O O)' 59' Ea .-,t 15.00 ft. along the East boundary of ;aid lo 4 to the f'OI)`?T Or Crl That the names and addresses of the persons affected thereby are as'follows: La5-her lcni truction Co., Inc . , 3521 Arthur St., Caldwell, Ide "-0. :ha.rles and Edna F Bidiman, 1512_ iznsot, Caldwell, Idaho. g H. Olson, '4.204 ?- nliana, Caldwell, Idaho. !. t. raves 8. :ions, Inc. uox << ^.lE , Caldwell., Idaho. 77 Vi That the names and addresses of all property owners within three hundred feet (300 of the boundaries of the areas above described are as follows: vamp as Section V above. PETITI.ON TO VACATE - 2 I understand that I am required by law to pay all costs of publication and request that as soon as these costs are determined, a statement be sent to me at the following address: F. 0. Box 967, Caldwell, Idaho Q5605. DATED this 22 nd day of Novt•m. P , 197E YETITIONERp , D. La.2her, President Lasher Con: triaction Co., Inc. PETITION TO VACATE - 3 EXHIBIT "B" • The east 135.54 feet of vacated right -of -way shall become a part of Lot 4 of Block 2 of Spruce Addition No. 2, in accord- ance with the official plat thereof on file and of record in the office of the Recorder of Canyon County, Idaho; and The west 124.46 feet of the vacated right -of -way shall become a part of Lot 3 of Block 2 of said Spruce Addition No. 2.