HomeMy WebLinkAboutORD 1756BILL NO. 17
ORDINANCE NO. 1756
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:
That portion of the following streets as shown on the
official plat of College Heights Addition filed February 13,
1961, in the office of the Recorder of Canyon County, Idaho:
South Ohio Avenue lying adjacent to and westerly of Lot 10,
Block 4, of said College Heights Addition; 23rd Avenue
adjacent to said Lot 10 and lying between S. Ohio Avenue and
Hazel Street; and Hazel Street from its intersection with
the westerly right of way line of S. Michigan Avenue to its
intersection with the easterly right of way line of 23rd
Avenue.
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 by a motion passed by the Council and
approved by the Mayor of the City of Caldwell, Idaho, August 17,
1987, 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 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 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 a public hearing was held on September 8,
1987, at which time testimony was received, none being in
opposition to the r�cuested vacation.
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
ORDINANCE - 1
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existing easements 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 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 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 21st
day of September , 1987.
APPROVED BY THE MAYOR of the City of Caldwell this 21st
day of September , 1987.
Ma or
ATTEST:
City Clerk