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HomeMy WebLinkAboutORD 1411BILL NO. 3 ORDINANCE NO. 1411 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 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 easements 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. t _ MAYOR P ATTEST: _.�) , e� CITY CLE ORDINANCE - 2 ^ I understand that I am required by law to pay all y costs of publication and request that as soon as . these costs are determined, a statement be sent to me at the follos^ring address: Florence L. Hru.ska .7920 McMullen'Street Idaho, 83705 r t � f DATED this 19th day of NnvembAr 197. ' TIT r; 0m g y, 1 �.h S PETITION tO VAGATE — r �y • Y ,. V �� 8 •`Y dk, t N 0 T I C E NOTICE IS HEREBY GIVEN AS FOLLOWS: I. That an application has been presented to the Mayor and Council of the City of Caldwell, Idaho, pursuant to the provisions of 50- 1306A, Idaho Code, for the passage and approval of an ordinance vacating a part of the intersection of Nixon and Ohio Streets in the City of Caldwell, described as follows: This parcel is situated in the West Half of the Southeast Quarter of the Southeast Quarter of Section 15; Township 4 North, Range 3 West of the Boise Meridian and is more particularly described as follows: COMMENCING at the Southeast corner of said Section 15; thence North 0 0 31'30" West along the East boundary of said Section 15, a distance of 662.94 feet to a point on the centerline of a street presently known as Nixon Street, which street is platted in Murray Addition to Caldwell, Idaho, which plat is on file in Book 3 of Plats at Page 18 in the office of the Recorder of Canyon County, Idaho; thence South 89 0 13 1 30" West, along the centerline of said Nixon Street, a distance of 658.17 feet to a point on the East boundary of said West Half of the Southeast Quarter of the Southeast Quarter, which line is the West boundary of said Murray Addition; thence South 0 °31 East, along; the East boundary of said West Half, a dis- tance of 15.00 feet to the TRUE POINT OF BEGINNING; thence South 89 0 13'30" West, parallel with the extended center- line of said Nixon Street, a distance of 25.00 feet; thence North 0 °31 1 20" West, parallel with the East boun- dary of said West Half, a distance of 25.00 feet; thence Southeasterly a distance of 39.21 feet along the arc of a curve to the left having a radius of 24.89 feet, a central angle of 90 ° 15 1 10" and a long chord which bears South 45 0 38'55" East, a distance of 35.28 feet to the TRUE POINT OF BEGINNING. 2. That said application will be considered under a suspension of the requirements that an ordinance be read on three different days at a meeting of the Council of the City of Caldwell, Idaho, to be held on the 4th day of January, 1977, at the hour of seven thirty o'clock (7:00) p.m., M.S.T., at the Council Chambers in the City Hall in the City of Caldwell, Idaho; when and where, or prior to which date any citizen or any owner of property may file with the Clerk of the City of Caldwell an ob- jection to the vacation of said property, filed will be considered by the Council of at said meeting. DATED This 16th day Published Dec. 18 & 25, 1976 B JorL and any objections so the City of Caldwell of December, 1976. ller, City Clerk EXHIBIT "B " The vacated right -of -way shall become a part of the following - described property: This parcel is situated in the West Half of the Southeast Quarter of the Southeast Quarter of Section 15, Township 4 :forth, Range 3 West of the Boise Meridian, and is more particularly described as follows: COMMENCING at the Southeast corner of said Section 15; thence North 0 0 31'30" West along the East boundary of said Section 15, a distance of 662.94 feet to a point on the centerline of a street presently known as Nixon Street, which street is platted in Murray Addition to Caldwell, Idaho, which plat is on file in Book 3 of Plats at page 13 in the office of the Recorder of Canyon County, Idaho; thence South 89 0 13'30" West along the centerline of said Nixon Street, a distance of 658.17 feet to a point on the Fast boundary of said West Half of the Southeast Quarter of the Southeast Quar- ter, which line is the West boundary of said Murray Addition; thence South 0 0 31 1 20" East along the East boundary of said West Half of the Southeast Quarter of the Southeast Quarter, a distance of 15.00 feet to the TRUE POINT OF BEGINNING; thence continuing South 0 0 31 1 20" East along the East boundary of said West Half of the South- east Quarter of the Southeast Quarter, a distance of 120.85 feet to a point on the Easterly boundary of the right of way for an irriga- tion canal known as the Notus Canal; thence North 37 ° 22 1 00" West along the Easterly boundary of said Notus Canal right of way, a distance of 200.34 feet; thence North 89 0 13'30" Fast, parallel with the extended centerline of said Nixon Street, a distance of 95.13 feet to a point 25.00 feet West of the East boundary of said West Half of the Southeast Quarter of the Southeast Quarter; thence South 0 0 31 1 20" East and parallel with the East boundary of said West Half of the Southeast Quarter of the Southeast Quarter, a distance of 1 10.00 feet to a point 15.00 feet South of the extended centerline of said Nixon Street; thence North 89 °13'30" East and parallel with the extended centerline of said Nixon Street, a distance of 25.00 feet to the TRUE POINT OF BEGINNING.