HomeMy WebLinkAboutORD 1796BILL NO. 26
ORDINANCE NO. 1796
AN ORDINANCE RECITING PETITION FOR VACATION AND RECITING
APPROPRIATE NOTICE THEREFOR WAS GIVEN; DETERMINING THAT VACATION
OF A PORTION OF WAREHOUSE STREET IN CALDWELL, CANYON COUNTY,
IDAHO, DESCRIBED BELOW, SHALL BE MADE; AND DETERMINING THAT SAID
VACATION IS IN THE BEST PUBLIC INTEREST FOR THE CITY OF CALDWELL,
IDAHO:
This parcel is a portion of the Northeast Quarter of the
Southeast Quarter of Section 21, Township 4 North, Range 3
West of the Boise Meridian, and is more particularly
described as follows:
COMMENCING at the Northeast corner of said Northeast Quarter
of the Southwest Quarter; thence South 0 0 31 1 40" West along
the East boundary of said Northeast Quarter of the Southwest
Quarter, a distance of 152.30 feet to a point on the South
right of way boundary of the Union Pacific Railroad; thence
South 89 ° 29 1 50" West along said South right of way boundary,
a distance of 110.00 feet to a point on the West right of
way boundary of Kit Avenue; thence south 0 0 31 1 40" West along
said West right of way boundary, a distance of 102.70 feet
to the TRUE POINT OF BEGINNING; thence continuing South
0 0 31 1 40" West along said West right of way boundary, a
distance of 65.30 feet; thence South 89 0 29' 50" West along a
line which is parallel with said South right of way
boundary, a distance of 591.70 feet; thence North 0 0 27 1 51"
East, a distance of 73.97 feet; thence Northeasterly, a
distance of 46.00 feet along the arc of a curve to the right
having a radius of 165.00 feet, a central angle of 15 0 58 1 21"
and a long chord which bears North 66 11 10" East, a
distance of 45.85 feet; thence South 0 0 31 1 40" West along a
line which is parallel with said East boundary, a distance
of 22.12 feet; thence North 89 0 29 1 50" East along a line
which is parallel with said South right of way boundary, a
distance of 493.50 feet; thence Southeasterly, a distance of
56.65 feet along the arc of a curve to the left having a
radius of 435.00 feet, a central angle of 7 0 27 1 43" and a
long chord which bears South 85 0 44 1 29" East, a distance of
56.61 feet to the TRUE POINT OF BEGINNING.
BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE CITY OF CALDWELL,
IDAHO:
Section 1. That a motion was passed by the Council and
approved by the Mayor of the City of Caldwell, Idaho, on October
3, 1988, for statutory notice to be given to citizens and owners
of property in the City of Caldwell, Idaho, in accordance with
Section 50- 1306A, Idaho Code stating that an application has been
presented to the Mayor and Council of said City of Caldwell,
Idaho, requesting passage and approval of an ordinance vacating
that portion of Warehouse Street lying west of Kit Avenue in
the City of Caldwell, Idaho. Said vacation is 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
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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 November 7,
1988, by the City Council of said City of Caldwell, Idaho, and no
objections to said vacation were recorded.
Section 3. That the City Council has made the finding that
the vacation and relocation of Warehouse Street as proposed will
allow more beneficial use of private property in the area and
still maintain satisfactory provision for access; therefore, the
value to the City is the same.
Section 4. Be it ordained and established that the afore-
mentioned 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 the 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 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.
Section 5. All ordinances or parts of ordinances in conflict
herewith are hereby repealed.
Section 6. This ordinance shall be in full force and effect
from and after its passage and publication according to law.
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