HomeMy WebLinkAboutORD 16396
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BILL NO. 4
ORDINANCE NO. 1639
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- WI`1':
That portion of 4th Avenue lying between and common to Blocks
16 and 103 of Strahorn Addition, the official plat of which
is on file and of record in the office of the Recorder of Can-
yon County, Idaho, said section of 4th Avenue being approximately
256 feet in length and 30 feet in width; and also, that portion
of the alley within Block 103 of said Strahorn Addition common
to and /or lying between Lots 10 through 12 and 13 through 15,
said section of alley being approximately 75 feet in length and
16 feet in width;
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 by the Council and approved
by the Mayor of the City of Caldwell, Idaho, December 21, 1932, and
statutory notice having been given to citizens and owners of prop-
erty in the City of Caldwell, Idaho, in accordance with Section
50- 1306A, Idaho Code, that an application has been presented to the
Mayor and Council of the City of Caldwell, Idaho, requesting pass-
age 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.
Section 2. That the City Council has made findings of fact with
regard to this vacation and have addressed said findings of fact in
the adopting resolution which is incorporated by reference herein,
as if set forth in full.
Section 3. That it is hereby determined, based upon the find-
ings of fact, that it is in the best interest of the public 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, and subject to maintaining egress
ORDINANCE - 1
and ingress through the portion of the 4th Avenue alley vacated so
users can enter or exit on a public street.
Section 4. Be it ordained and established that the above -de-
scribed premises in the City of Caldwell, Canyon County, Idaho, 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.
PASSED BY THE COUNCIL of the City of Caldwell this 22nd day
of February , 1983.
APPROVED BY THE MAYOR of the City of Caldwell this 22nd day
of February , 1933.
ATTEST:
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