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HomeMy WebLinkAboutORD 1591i BILL NO. 1 ORDINANCE NO. 1591 AN ORDINANCE RECITING PETITION FOR VACATION AND RECITING APPROPRIATE NOTICE THEREFOR WAS GIVEN: DETERMINING THAT VACATION OF THE FOLLOW- ING DESCRIBED REAL PROPERTY SHALL BE MADE, TO -WIT: COMMENCING at the Southeast corner of the Southeast Quarter of the Southeast Quarter of the Southeast Quarter of Section 15, Township 4 North, Range 3 West of the Boise Meridian; thence North 0 0 31'30" West along the East boundary of said Section 15, a distance of 662.94 feet to a point in the cen- terline of a street presently known as Nixon Street, which street is platted in Murray Addition to Caldwell, Idaho, which plat is on file and of record in Book 3 of Plats at page 18 in the office of the Recorder of Canyon County, Idaho; thence South 89 ° 13'30" West along the centerline of said Nixon Street, a distance of 658.17 feet to a point on the East boundary of said Southeast Quarter of the Southeast Quarter of the Southeast Quarter, which line is the West boundary of said Murray Addition; thence South 0 0 31 1 20" East along the East boundary of said South- east Quarter of the Southeast Quarter of the Southeast Quarter, a distance of 25.00 feet to the TRUE POINT OF BEGINNING; thence continuing South 0 0 31 1 20" East along the West boundary of said Southeast Quarter of the Southeast Quarter of the Southeast Quarter, a distance of 110.85 feet to a point on the Easterly boundary of the right -of -way for an irrigation canal known as the Notus Canal; thence South 37 0 22 1 00" East along the Easterly boundary of said Notus Canal right -of -way, a distance of 41.69 feet to the West boundary of Block 2 of Murray Addition to the City of Caldwell, Idaho, according to the official plat thereof on file in the office of the Recorder of Canyon County, Idaho; thence North 0 0 31'20" West along said West boundary, a distance of 144.32 feet to the Northwest corner of said Block 2; thence South 89 0 13'30" West, a distance of 25.00 feet to the TRUE POINT OF BEGINNING. AND THAT SAID VACATION 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 Motion passed and approved by the Mayor of the City of Caldwell, Idaho, on the 16th day of December, 1980, 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, 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 Canyon County, Idaho, subject to the reservations of all utility com- panies and all existing easement rights in the area comprising ease- ment rights for sewer lines, water lines, power lines, telephone ORDINANCE - 1 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 compris- ing 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 above described premises in the City of Caldwell, Canyon County, Idaho, be vacated, subject to existing ease- ment rights and further easement rights as hereinabove set forth. Section 3. Be it ordained and established that the above des- cribed 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 des- cribed, shall revert to the persons in accordance with the agreement recorded as Instrument No. 911718 in the records of the office of the Recorder of Canyon County, Idaho, as follows: To Helen V. Cerva, a widow, the property described in Exhibit B attached; To Keith N. and Rebecca E. Talbert, husband and wife, the property described in Exhibit A attached; or to 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 exist- ing 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 persons dedicating the same or their successors, heirs and assigns in the manner in which they were so dedicated. PASSED BY THE COUNCIL of the City of Caldwell this 27th day of Janiiary , 19 APPROVED BY THE MAYOR of the City of Caldwell this 27th day of January , 19 81 ? 6' r: ATTEST: - - - � City Cler ORDINANCE - 2 • West 4 feet of Ohio Avenue South of Nixon Street North of Notus Canal Right of Way This parcel is situated in the SE�SEISE� of Section 15, Township 4 North, Range 3 West Boise Meridian, Canyon County, Idaho, and is more particularly described as follows: COMMENCING at the SE corner of said Section 15; thence North 0 31' 30" West along the East boundary of said Section 15, a distance of 662.94 feet to a point in the center line 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 gage 18 in the office of the Recorder of Canyon County, Ida.ho; thence South. 89 13' 30" West along the center line of said Nixon Street, a distance of 658.17 feet to a point on the East boundary of said SE4SE�SE� which line is the west boundary of said Murray Addition; thence South O 31' 20" East along the East boundary of said SE�SE4SE� a distance of 25.00 feet to the TRUE POINT OF BEGINNING: thence continuing South 0 31' 20" East along the West boundary of said SE�SE4SE4, a distance of 110.85 feet to a point on the Easterly boundary of the right of way for an irrigation canal known as the Notus Canal; . thence South 37 22' 00" East along the Easterly boundary of said Notus Canal right of way, a distance of 6.67 feet; thence N 0 31' 20" W, a distance of 116.21 feet to the South boundary of said Nixon Street extended; thence S w) la' 30" W, ,.along the said S01 -101 1.)()un<iLiry extended 4.00 feet to the TRUE. POINT OF' BEGINNING. EA i 6,-k s, East 21 feet of Ohio Avenue South of Nixon Street North of Notus Canal Right of Way This parcel is situated in the SE�SE�SE� of Section 15, Township 4 North,_ Range 3 West Boise Meridian, Canyon County, Idaho, and is more particularly described as follows: COMMENCING at the SE corner of said Section 15; thence North 0 31' 30" West along the East boundary of said Section 15, a distance of 662.94 feet to a point in.the center line 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 13' 30" West along the center line of said Nixon Street, a distance of 654.17 feet , thence S 0 31' 20" E, a distance of 25.00 feet to a point on the South boundary of said Nixon Street extended which point is the TRUE POINT OF BEGINNING; thence continuing S 0 31' 20" E, a distance of 116.21 to a point on the Easterly boundary of the right of way for an irrigation canal known as the Notus Canal; thence S 37 22' 00" E along the Easterly boundary of said Notus Canal right of way, a distance of 35.02 feet to the West boundary of Block 2 of said Murray Addition; thence North 0 31' 20" West along said West boundary a distance of 144.32 feet to the Northwest corner of said Block 2; thence South 89 13' 30" W a distance of 21.00 feet to the TRUE: POINT OF BEGINNING. ml-v