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HomeMy WebLinkAboutORD 1815a — • AMENDED ORDINANCE • BILL NO. -- 1'5r - - " ORDINANCE NO. ' '1' &1'5F ' AN ORDINANCE RECITING PETITION FOR VACATION, RECITING APPROPRIATE NOTICE THEREFOR WAS GIVEN, AND DETERMINING THAT VACATION OF THE FOLLOWING DESCRIBED REAL PROPERTY SHALL BE MADE, SAID PROPERTY BEING A SECTION OF SHAVER AVENUE IN THE CITY OF CALDWELL, IDAHO: BEGINNING at the Northwest corner of Lot 24 of Industrial Site Addition to Caldwell, Idaho, the official plat of which is on file and of record in the office of the Recorder of Canyon County, Idaho; thence South along the West boundary of said Lot 24, a distance of 165.00 feet to the Southwest corner of said Lot 24; thence West 73.12 feet along the South boundary extended of said Lot 24, which line is also the North boundary of Shaver Addition, on file and of record in the office of the Recorder of Canyon County, Idaho; thence North 180.48 feet to the POINT OF BEGINNING; DETERMINING ALSO THAT SAID TRIANGULAR - SHAPED PARCEL IS AN UNUSED AND UNNEEDED PART OF THE RIGHT OF WAY FOR SHAVER AVENUE AND THEREFORE IS NOT IN THE BEST INTEREST OF THE CITY TO RETAIN. 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, statutory notice has been given to citizens and owners of property in the City of Caldwell, Idaho, and a public hearing has been held on April 17, 1989, in accordance with Section 50- 1306A, Idaho Code, 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. Section 2. That Shaver Avenue right of way has been realigned leaving the above- described triangular section unused and unneeded and a maintenance problem for the City. Section 3. That vacation of the above - described right of way shall be subject to existing easements in the area and with reservation to all utility companies with easement rights in the area for access to and from said area to maintain, repair or replace sewer lines, water lines, power lines, telephone lines gas lines and drainage facilities as presently located thereon or therein. ORDINANCE - 1 1 m Section 4. That it is hereby determined that vacation of the above - described premises is in the best interest of the City of Caldwell, Canyon County, Idaho. Section 5. 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 owner(s), successors, heirs and assigns of that part of Lot 24 of Industrial Site Addition to Caldwell, Idaho, which is the abutting property to the East PASSED BY THE COUNCIL of the City of Caldwell, Idaho this 19th - day of - J - une ------- - 19 89- APPROVED BY THE MAYOR of the City of Caldwell, Idaho, this 19th- - day of - - June - - - - - 1989. --- R_' - - C --------------- Mayor ATTEST: City Clerk ORDINANCE - 2