HomeMy WebLinkAboutORD 1802BILL NO. 2
ORDINANCE NO. 1802
AN ORDINANCE TO CORRECT A LEGAL DESCRIPTION AS PUBLISHED IN BILL
NO. 15, ORDINANCE NO. 1730, PASSED AND APPROVED BY THE MAYOR AND
COUNCIL OF THE CITY OF CALDWELL, IDAHO, THE 29TH DAY OF
SEPTEMBER, 1986, WHICH ORDINANCE IS RECITED IN FULL AS FOLLOWS
WITH THE CORRECTED LEGAL DESCRIPTION:
AN ORDINANCE RECITING PETITION FOR VACATION AND RECITING
APPROPRIATE NOTICE THEREFOR WAS GIVEN, DETERMINING THAT
VACATION OF THE FOLLOWING DESCRIBED REAL PROPERTY SHALL BE
14ADE:
1) That part of Belmont Street (formerly 2nd Street North)
located between Blocks 61 and 57 of the original townsite as
shown on the Revised Map of Caldwell, Idaho, filed July 29,
1891, and now on file and of record in Book 1 of Plats, Page
20, records of Canyon County, Idaho; and lying between North
12th Avenue (formerly 4th Avenue East) and North 13th Avenue
(formerly 5th Avenue East). Said parcel is 80 feet in width
and 300 feet in length and contains 0.55 acres; and also,
2. That part of Belmont Street (formerly 2nd Street North)
located b�twe2a Bloc 62 and 31 of the original townsite as
shown on the revised map of Caldwell, Idaho, filed July 29,
1891, and now on file and of record in Book 1 of Plats, Page
20, records of Canyon County, Idaho; and lying between North
11th Avenue (formerly 3rd Avenue East) and North 12th.Avenue
(formerly 4th Aven6e East). Said parcel is 80 feet in width
and 300 feet in length and contains 0.55 acres;
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, in accordance with a motion passed by the
Council and approved by the Mayor of the City of Caldwell, Idaho,
statutory notice of public hearing has been given to citizens and
owners of property in the City of Caldwell, Idaho, as set forth
in Section 50-1306A, Idaho Code; and said public hearing has been
held on August 4, 1986, to consider an application 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 to the City of Caldwell, Idaho, of all
existing easement rights, and to maintain, repair or replace said
lines as presently located tho.reon or therein.
Section 2. That the City Council has made the finding that
the value to the community permitted as a direct 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
existing 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 easement
rights in the area as set forth above. 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, Idaho, this
16th day of January - - -- f 19Sg. I
APPROVED BY THE MAYOR of the City of Caldwell, Idaho, this
16th day of January 1 1989.
Mayor
ATTEST:
City Clerk
ORDINANCE - 2