HomeMy WebLinkAboutORD 1664BILL NO. 1
ORDINANCE NO. 1664
is
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:
The alley in Block 6 in the PLAT OF CALDWELL, IDAHO, according to the
official plat on file in Book 1 of Plats at Page 1 in the office of
the Recorder, Canyon County, Idaho, more particularly described as
follows:
BEGINNING at the West Corner of Lot 1 of said Block 6; thence
South 46 East, 300.05 feet along the Southwesterly boun-
dary of Lots 1 -12 of said Block 6; thence South 43 1 46'42" West,
16.00 feet; thence North 46 0 14'49" West, 300.05 feet along the
Northeasterly boundary of Lots 13 -24 of said Block 6; thence North
43 0 46 `42" East, 16.00 feet to the 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 by the Council and approved by
the Mayor of the City of Caldwell, Idaho, statutory notice having been
given to citizens and owners of property in the City of Caldwell, Idaho,
and a public hearing having been held on January 3, 1984, in accordance
with Section 50- 1306A, Idaho Code, to consider an application presented
by the Mayor and Council of the City of Caldwell, Idaho, requesting pass-
age and approval of an ordinance vacating the above - described real prop-
erty located in Caldwell, Canyon County, Idaho, subject to the reser-
vations 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 appli-
cable, and all utility companies with easement rights in the area com-
prising 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. The owner is not
restricted from placing special or decorative surfacing over the easement
area; however, the public or utilities shall not be responsible for ex-
cavation and restoration costs that are not normal or customary due to
any special or decorative surfacing.
Section 2. That it is hereby determined 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.
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 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 main-
tain, repair or replace the present existing 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 suc-
cessors, heirs and assigns in the manner in which they were so dedicated.
Section 4. All ordinances or parts of ordinances in conflict herewith
are hereby repealed.
PASSED BY THE COUNCIL OF THE City of Caldwell this 24th day of Janu-
ary, 1984.
APPROVED BY THE MAYOR OF THE City of Cal ell this 24th day of Janu-
ary, 1984. z
ATTEST: maygp'
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City Clerk L �, `f