HomeMy WebLinkAboutORD 15710
BILL NO. 18
ORDINANCE NO. 1571
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AN ORDINANCE OF THE CITY OF CALDWELL, A MUNICIPAL CORPORATION OF
IDAHO, DECLARING THE INTENT TO EXCHANGE THE FOLLOWING DESCRIBED
REAL PROPERTY TO NOLA MILLINER, CALDWELL, CANYON COUNTY, IDAHO,
SAID PROPERTY BL'NG OWNED BY THE CITY.
CIT PROPERTY (Belmont Ponds Area)
COMMENCING at the intersection of the centerline of the old
Boise Interurban Railroad right -of -way with the centerline of
Belmont Street; thence North 46 0 15 1 13" West (formerly North
46 ° 38' West) along the centerline of Belmont Street, 1,394.0
feet; thence North 43 ° 44 1 47°' East (formerly North 43 ° 22' East
336.0 feet to the centerline of Chicago Street extended, whic
is the POINT OF BEGINNING; thence continuing North 43 0 44 1 47"
East, 296.0 feet to the Southwest right -cf -way of Denver Stre
extended; thence South 46 ° 15 1 13" East, along the Southwest
right -of. -way of Denver Street extended, 65.0 feet; thence Sou
43 °44'47" West, 296.0 feet to a point in the centerline of
Chicago Street extended; thence North 46 °15 West, along t
centerline of Chicago Street extended, 65.0 feet to the POINT
OF BEGINNING..
PROVIDING THAT SAID REAL PROPERTY SHALL BE EXCHANGED FOR PROPERTY
OWNED BY NOLA MILLINER, CALDWELL, CANYON COUNTY, IDAHO, WHICH SAID
AREAL PROPERTY IS DESCRIBED AS FOLLOWS:
MILLINER PROPERTY
COMMENCING at the intersection of the centerline of the old
Boise Interurban Railroad Right -of -way with the centerline of
Belmont Street; thence North 46 ° 15 1 13" West (formerly North
46 0 38' West) along the centerline of Belmont Street, 1,394.0
feet to the POINT OF BEGINNING; thence continuing North 46
15'°13" West along the centerline of Belmont Street, 24.05 fee
thence North 08 ° 26 1 28" East, 190 feet more or less along the
Easterly right -of -way of the Northwest Connector; thence Sout
71 East, 126.97 feet along the East right -of -way of th
Northwest Connector; thence North 43 0 44 1 47" East, 126.52 feet
along the East right -of -way of the Northwest Connector and th
East right -of -way of the Northwest Connector extended to the
centerline of Chicago Street extended; thence South 46 ° 15 1 13"
East, 19.30 feet along the centerline of Chicago Street
extended; thence South 43 ° 44'47" West, 336.0 feet to the POIN
OF BEGINNING.
PROVIDING THAT THE CONSIDERATION RECEIVED BY THE CITY OF CALDWELL
IS ADEQUATE; PROVIDING THAT SAID EXCHANGE IS IN THE BEST INTERESTS
OF THE CITY OF CALDWELL; PROVIDING THAT A PUBLIC HEARING SHALL BE
HELD ON SAID PROPOSED EXCHANGE;
PROVIDING THAT NO EXCHANGE SHALL
OCCUR UNTIL AT LEAST SIXTY (60) DAYS HAVE EXPIRED FROM DATE OF
PASSAGE AND APPROVAL OF THIS ORDINANCE: PROVIDING THAT SAID EXCHAN(
SHALL BE SUBJECT TO CERTAIN TERMS ANS CONDITIONS; PROVIDING NOTICE
OF PUBLIC HEARING SHALL BE PUBLISHED; PROVIDING FOR THIS ORDINANCE
TO TAKE EFFECT AFTER ITS PASSAGE, APPROVAL AND PUBLICATION
ACCORDING TO LAW.
NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND CITY COUNCIL
OF THE CITY OF CALDWELL, A MUNICIPAL CORPORATION OF IDAHO, AS
FOLLOWS:
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SECTION 1: That the Mayor and Council of the City of
(Caldwell, hereby intend to exchange the following described real
1property of Caldwell, Canyon County, Idaho:
CITY PROPERTY (Belmont Ponds Area)
COMMENCING at the intersection of the centerline of the old
Boise Interurban Railroad right -of -way with the centerline of
Belmont Street; thence North 46 ° 15 1 13" West (formerly North
46 0 38' West) along the centerline of Belmont Street, 1,394.0
feet; thence North 43 ° 44 1 47" East (formerly North 43 ° 22' East
336.0 feet to the centerline of Chicago Street extended, whic
is the POINT OF BEGINNING; thence continuing North 43 ° 44 1 47"
East, 296.0 feet to the Southwest right -of -way of Denver Stre
extended; thence South 46 ° 15 1 13" East, along the Southwest
right -of -way of Denver Street extended, 65.0 feet; thence Sou
43 ° 44 1 47" West, 296.0 feet to a point in the centerline of
Chicago Street extended; thence North 46 °15 West, along
the centerline of Chicago Street extended, 65.0 feet to the
POINT OF BEGINNING.
That the consideration for said exchange is the following describe(
property owned by Nola Milliner, Caldwell, Canyon County, Idaho:
MILLINER PROPERTY
COMMENCING at the intersection of the centerline of the old
Boise Interurban Railroad right -of -way with the centerline of
Belmont Street; thence North 46 ° 15'13" West (formerly North
46 ° 38' West) along the centerline of Belmont Street, 1,394.0
feet to the POINT OF BEGINNING; thence continuing North
46 ° 15'13" West along the centerline of Belmont Street, 24.05
feet; thence North08 0 26 1 28" East, 190 feet more or less along
the Easterly right -of -way of the Northwest Connector; thence
South 71 °41 East, 126.97 feet along the East right-of -way
of the Northwest Connector; thence North 43 ° 44'47" East,
126.52 feet along East right -of -way of the Northwest Connector
and the East right -way of the Northwest Connector extended
to the centerline of Chicago Street extended; thence South
46 °15'13" East, 19.30 feet along the centerline of Chicago
Street extended; thence South 43 ° 44'47 " West , 336.0 feet to
the POINT OF BEGINNING.
SECTION 2: That the Mayor and City Council have determined
on good cause that it is the best interests of the City of Caldwell
to exchange said real property; that the consideration for said
exchange is adequate, and further declaring said City property has
ceased to be used for public purposes.
SECTION 3; That the exchange of said above described real
property will be considered at a public meeting of the Council of
the City of Caldwell, Canyon County, Idaho, to be held on the
28TH day of _ October , 1980, at the hour of seven - thirty
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o'clock p.m. (7:30 p.m.) at the Council Chambers in the City of
Caldwell, when and where, or prior to said date, any citizen of
the City of Caldwell, Idaho, or any number of citizens may express
dissatisfaction with said exchange as set forth in Section SO -1403
Idaho Code, wherein it is provided that if a petition expressing
dissatisfaction with said exchange containing the names of
qualified electors of the City in a number equal to ten percent
(10%) of the total votes cast for Mayor at the preceding City
election is filed with the City Clerk during sixty (60) days from
the passage of this ordinance, the City Council shall cause a
I special election to be held on the question of whether or not the
°real property shall be exchanged.
SECTION 4: Notice of the foregoing will be given.
SECTION 5: That the exchange be under the following terms
land conditions:
A. All costs incurred by the City of Caldwell for the pro-
perty exchange will be reimbursed by Nola Milliner.
B. The remaining Milliner property shall have the right of
access to Belmont Street as it now exists until Chicago Street
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between Boise Avenue and the Northwest Connector is completed and
open for public use.
SECTION 6: That said exchange shall occur only after said
notice is given, the public hearing is held before the City
Council, and more than sixty (60) days have elapsed from the date
of adoption and approval of this ordinance according to law.
SECTION 7: Be it further ordained that this ordinance shall
be in full force and effect from and after its passage, approval
and publication according to law.
PASSES BY THE CITY COUNCIL of the City of Caldwell, this 1g�
day of August , 1980.
APPROVED BY THE MAYOR of th' it' Caldwell this 19th day
of August 1980.
ATTEST:
-3rd and Final-
CITY - -CLER
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NOT ICE
NOTICE IS HEREBY GIVEN That a public hearing will be
held on an exchange of real property by the City of Caldwell and
Nola Milliner. Said public hearing will be held at the Council
Chambers, City Hall, Caldwell, Idaho at 3n p.m.,
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Said public hearing shall be held pursuant to
Ordinance No. 1571 enacted by the Caldwell City Council and
approved by the Caldwell Mayor on August 19th , which said
Ordinance provides for real property described therein as the
City Property (Belmont Ponds area) be exchanged to Nola Milliner
in return for property described t ein as the Milliner property.
ATTEST:
City C1erl
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MUNIC CORPORAT QUI TCLAIM DEED
THIS INDENTURE, Made and entered into this 28th day of
October, 1980, by and between the CITY OF CAI.DWELL, a municipal
Corporation of the State of Idaho, hereinafter rorerred to as
Party of the First Part, and NOLA MILLINER, Caldwell, Canyon
County, Idaho, hereinafter referred to as Party of the Second Part;
WITNESSET14:
That the said Party of the First Part, having been
hereunto duly authorized by ordinance of its City Council, for
value received, does by these presents remise, release, and forever
QUITCLAIM, unto the said Party of the Second Part, and to her heirs
and assigns, all of those certain lots, pieces, or parcels of
land, situate, lying and being in Caldwell, Canyon County, Idaho,
bounded and particularly described as follows, to -wit:
COMMENCING at the intersection of the centerline of the old
Boise Interurban Railroad right -of -way with the centerline of
Belmont Street; thence North 46 ° 15'13" West (formerly North
46 °38'West) :Ilona; the centerline of Belmont Street, 1,394.0
feet; thence North 43 ° 44 1 47" lust (formerly North 43 ° 22' East)
336.0 feet to the centerline of Chicago Street extended, whic
is the POINT 01' BEGINNING; thence continuing North 43 °44'47"
East, 296.0 feet to the Southwest right -of -way of Denver Stre t
extended; thence South 46 °15'13" Bast, along the Southwest
right- of -way of Denver Street extended, 65.0 feet; thence South
43 °44 West, 296.0 feet to a point in the centerline of
Chicago Street extended, thence North 46 °15 West, along t e
centerline of Chicago Street extended, 65.0 feet to the POINT
OF BEGINNING.
IN WITNESS WHEREOF, The said Party of the First Part has
caused its corporate name to be hereunto subscribed by its Mayor
and its corporate sea] to be affixed by its Clerk, in pursuance to
said ordinance.
A.H. 1d7Cl.1USKey _
Mayor of the City of Caldwc
13 ee t y Ts� - - - --
ler y
City Clerk (�
MUNICIPAL CORPORATION QUITCLAIM DEED -1
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STATE OF IDAHO )
: ss.
County of Canyon )
On this 10th day of __November.a,.e,........., 1980, before me,
the undersigned, a Notary Public in and for said State, personally
appeared A.H. MCCLUSKEY and BETTY JO KELL,ER, known to me to be the
Mayor and City Clerk, respectively, of the municipal Corporation
that executed this instrument, or the persons who executed this
instrument on behalf of said municipal corporation, and
acknowledged to me that such a municipal corporation executed the
same.
IN WITNESS WHEREOF, I have hereunto set my hand and
affixed my official seal, the day and year in this certificate
( first above written.
j
Notary Public or I a o
Residing at Caldwell, Idaho
MUNICIPAL CORPORATION QUITCLAIM DEED -2nd and Final