HomeMy WebLinkAboutORD 1692P
BILL NO. 7
ORDINANCE NO. 1692
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:
A part of Cedar Street right of way adjacent to Block 58
in Mountain View Addition to Caldwell, Idaho, according to
the official plat on file in Book 2 of Plats at page 53, in
the office of the Recorder of Canyon County, Idaho, more
particularly described as follows:
Commencing at the Southeast corner of said Block 58; thence
South 89 0 23'56" West, 41.50 feet along the South boundary
of said Block 58 to the POINT OF BEGINNING; thence continu-
ing South 89 ° 23'56" West, 88.50 feet along the South boun-
dary of said Block 58; thence South 0 0 12'54" East, 4.00 feet
parallel with the East boundary extended of said Block 58;
thence North 89 0 23'56" East, 88.50 feet parallel with the
South boundary of said Block 58; thence North 0 0 12'54" West,
4.00 feet parallel with the East boundary of said Block 58
to the POINT OF BEGINNING;
AND DETERMINING 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 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 property lo-
cated in Caldwell, Canyon County, Idaho.
Section 2. That a motion has been passed by the Council and
approved by the Mayor of the City of Caldwell, Idaho, February 26,
1985, establishing a public hearing; statutory notice has been given
to citizens and owners of property in the City of Caldwell, Idaho,
in accordance with Section 50- 1306A, Idaho Code and said public
hearing has been held on March 19, 1985.
Section 3. That the City Council has made the finding 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.
Section 4. That the above - described real property shall be
vacated subject to the following terms and conditions:
a. That the owners of the above - described real property
shall be restricted from erecting any new structure
or any addition to the real property situated on the
4 -foot area being vacated herein.
ORDINANCE - 1
i , •
b. That the owners of the above - described real property
shall not destroy or otherwise remove the sidewalk,
a portion of which is located on the 4 -foot area be-
ing vacated herein.
I
c. That in the event the portion of the residence located
within the 4 -foot area being vacated herein is in the
future destroyed or removed, no portion of the building
shall be built or rebuilt upon said 4 -foot area.
Section 5. 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. The above - described pre-
mises shall be vacated and shall pass and revert to persons dedi-
cating 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 1st
day of April `, 1985•
APPROVED BY THE MAYOR OF THE CITY OF CALDWELL this 1st
day of April , 1985•
ATTEST:
City Clerk
0
t
ORDINANCE - 2