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HomeMy WebLinkAboutORD 1647BILL NO. 12 ORDINANCE NO. 1647 AN ORDINANCE TO CORRECT A LEGAL DESCRIPTION AS PUBLISHED IN BILL 16, ORDINANCE NO. 1628, PASSED AND APPROVED BY THE MAYOR AND COUNCIL OF THE CITY OF CALDWELL, IDAHO, AUGUST 10, 1982, WHICH ORDINANCE IS RE- CITED IN FULL AS FOLLOWS WITH THE CORRECTED LEGAL DESCRIPTION: AN ORDINANCE RECITING PETITION FOR VACATION AND RECITING APPRO- PRIATE NOTICE THEREFOR WAS GIVEN, DETERMINING THAT VACATION OF THE FOLLOWING DESCRIBED REAL PROPERTY SHALL BE MADE, TO -WIT: A parcel of land in the Southwest Quarter of Section 22, Town- ship 4 North, Range 3 West of the Boise Meridian, Canyon County, Idaho, being the Northwest 155.89 feet of the alley in Block 18 of the original townsite of Caldwell, Idaho, more particularly described as follows: BEGINNING at a point marking the centerline intersection of 5th Avenue and Arthur Street, said point being a brass cap; thence South 46 0 14 1 19" East, 380.04 feet to the centerline intersection of 6th Avenue and Arthur Street; thence South 43 °44'33" West, 335.99 feet to the centerline intersection of 6th Avenue and Blaine Street; thence South 01 °15'09" East, 56.58 feet to the intersection of the Southeast right -of -way line of 6th Avenue and the Southwest right -of -way line of Blaine Street and also being the North property corner of Block 18 of the original townsite of Caldwell, Idaho; thence South 43 0 44'33" West along the Southeast right -of -way line of 6th Avenue, 120.00 feet to the REAL POINT OF BEGINNING, being the intersection of the South- east right -of -way line of 6th Avenue and the Northeast right -of -way line of the alley; thence South 46 ° 14'31" East along the Northeast right -of -way line of the alley, 155.89 feet; thence South 43 0 44'33" West, 16.00 feet to a point on the Southwest right -of -way line of the alley; thence North 46 0 14'30" West along said right -of -way line, 155.89 feet to a point on the Southeast right -of -way line of 6th Avenue; thence North 43 0 44'33" East along said right -of -way line along 6th Avenue, 15.99 feet to the REAL 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 and City Council of the City of Caldwell, Idaho, July 6, 1982, and statutory notice having been given to citizens and owners of prop- erty 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 sewerlines, 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 exist- ing sewer, water, power, telephone and gas lines as presently ORDINANCE - 1 located thereon or therein. Section 2. That it is hereby determined 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 hereinbefore set forth. Section 3. Be it ordained and established that the above - described 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 com- prising easements for sewer lines, water lines, power lines, tele- phone 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 14th day of Jun , 1983. APPROVED BY THE MAYOR of the City of Caldwell this 14 th day of Ju ne_ . _, 1983, `Mayor i ATTEST: Tity Cle ORDINANCE - 2