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HomeMy WebLinkAboutORD 16436 0 BILL NO. ORDINANCE NO. 1643 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: A portion of Pluto Avenue as shown on the official plat of Starlight Park, Unit 2, on file and of record in Book 16 of Plats at Page 1, in the office of the Recorder of Canyon County, Idaho, more particularly described as follows: BEGINNING at the South corner of Block 5 of said Starlight Park, Unit 2; thence 64.35 feet along the are of a 50 -foot radius curve left, said curve having a long chord bearing North 89 ° 51 1 22" East, 60.00 feet; thence South 0 0 08 , 37" East, 59.87 feet; thence North 45 0 12 1 17" West, 84.78 feet to the POINT OF BEGINNING; AND THAT SAID VACATION IS IN TIME 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, April 26, 1983, and sta- tutory notice having been given to citizens and owners of property 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 passage and ap- proval of an ordinance vacating the above - described real property located in Caldwell, Canyon County, Idaho, subject to the reserva- tions 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 it is hereby determined it is in the best in- terest 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. Section 3. 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 l7t hday of Ma y 1983. APPROVED BY THE MAYOR of the City of Caldwell this 17th day of May -- - - - - - 1983. ATTEST: Mayor Clerk