HomeMy WebLinkAboutORD 1438BILL NO. 30
ORDINANCE NO. 1438
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:
This parcel consists of a portion of Twenty- second Avenue
as platted in Washington Heights, Steunenberg and Hand's
Addition to Caldwell, on file in Book 1 of Plats at Page
28 in the office of the Recorder of Canyon County, Idaho,
and also is a portion of the Southwest Quarter of the North -
West Quarter of Section 26, Township 4 North, Range 3 West
of the Boise Meridian and is more particularly described
as follows:
COMMENCING at the Southwest corner of said Southwest
Quarter of the Northwest Quarter; thence North 0 ° 16'00"
East, a distance of 86.37 feet to the TRUE POINT OF BE-
GINNING; thence North 46 0 49 1 00" West, a distance of
80.00 feet; thence North 43 0 11'00" East, a distance of
86.36 feet; thence South 0 ° 22'30" West, a distance of
117.74 feet to the TRUE POINT OF BEGINNING.
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-I. That by a Motion passed and approved by the
Mayor of the City of Caldwell, Idaho, on the 5th day of April,
1977, 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 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.
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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 existing 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 manner in which they were so dedicated.
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 September , 1977.
APPROVED BY THE MAYOR OF THE CITY OF CALDWELL, this 6th
day of September , 1977.
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ATTEST: Mayor
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