HomeMy WebLinkAboutORD 1684BILL NO. 22
ORDINANCE N0. 1684
AN ORDINANCE RECITING PETITION FOR VACATION AND RECITING APPROP-
RIATE NOTICE THEREFOR WAS GIVEN, DETERMINING THAT VACATION OF THE
FOLLOWING- DESCRIBED REAL PROPERTY SHALL BE MADE:
That portion of Third Avenue lying between Arthur Street and
the South right of way line of Aven Street and more specific-
ally between Block 96, Strahorn Addition No. 1 and Block 0
of the original townsite as shown on the Revised Map of
Caldwell, Idaho, filed July 29, 1891, in Book 1 of Plats,
Page 20, in the office of the Recorder of Canyon County,
Idaho, said section of Third Avenue being approximately 80
feet in width and 175 feet in length; (centerline distance
of Third Avenue);
AND DETERMING THAT SAID VACATION IS IN THE BEST INTEREST OF THE
PUBLIC 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 appr-
oved by the Mayor of the City of Caldwell, Idaho, October 2, 1984,
and statutory 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 approval of an ordinance vacating the above - described real prop-
erty located in Caldwell, d County, Idaho, subject to the reser-
vations of all utility companies and all existing easement rights
in the area, comprising easement rights for sewerlines, waterlines,
powerlines, 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 the finding that the
value of new business activity created as an indirect result of the
proposed vacation should more than offset the value of the property
being vacated.
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Section 3. 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 exist-
ing easement rights and further easement rights as set forth above.
Section 4. 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 sewerlines, waterlines, powerlines, telephone lines
and gaslines 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 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 6th
day of November, 1984.
APPROVED BY THE MAYOR OF THE CITY OF CALDWELL this 6th
day of November, 1984.
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ATTEST:
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STATE OF IDAHO)
County of Canyon
I, BETTY JO KELLER, do hereby certify that I am the
duly qualified and acting Clerk of the City of Caldwell,
Canyon County, Idaho.
I further certify that the above and foregoing constitutes
a true and correct copy of Ordinance No. 1684 passed by the
City Council of said City at a meeting held the 6th day of
November, 1984, as said Ordinance is officially of record in
my possession.
IN WITNESS WHEREOF, I have hereunto subscribed my
official signature and impressed hereon the Seal of said
City this 16th day of November, 1984.
�I,
City Clerk