HomeMy WebLinkAboutORD 1817BILL NO. LL I -
ORDINANCE NO. 1817
AN ORDINANCE RECITING PETITION FOR VACATION OF AN UNOPENED
SECTION OF OREGON AVENUE AND PORTIONS OF MAPLE AND WALNUT STREETS
IN CALDWELL, CANYON COUNTY, IDAHO, AND RECITING APPROPRIATE
NOTICE THEREFOR WAS GIVEN; DETERMINING THAT NO OBJECTIONS TO SAID
VACATION HAVE BEEN MADE OR FILED; DETERMINING THAT VACATION OF
SAID RIGHT OF WAY IS IN THE BEST PUBLIC INTEREST; PROVIDING THAT
TITLE TO SAID RIGHT OF WAY SHALL REVERT TO THE PERSONS DEDICATING
THE SAME, THEIR SUCCESSORS, HEIRS AND ASSIGNS; RETAINING
EASEMENT RIGHTS IN THE AREA, IF ANY; REPEALING ALL ORDINANCES OR
PARTS OF ORDINANCES IN CONFLICT; AND PROVIDING AN EFFECTIVE DATE.
BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE CITY OF CALDWELL,
IDAHO, THAT VACATION OF THE FOLLOWING- DESCRIBED REAL PROPERTY
SHALL BE MADE:
BEGINNING at a point which is 25 feet North of the Northeast
corner of Tract 16 (also known as Block 16), which is a
point on the centerline of vacated Maple Street in MOUNTAIN
VIEW SUBDIVISION NO. 2, according to the plat of said
subdivision filed February 5, 1914, in Book 4 of Plats at
Page 20 in the office of the Recorder of Canyon County,
Idaho, and running thence:
West 498.45 feet more or less on the centerline of vacated
Maple Street; thence North 5 feet to the REAL POINT OF
BEGINNING; thence West 81 feet more or less to a point of
intersection with the West boundary of Oregon Avenue; thence
South 370 feet on the West boundary of Oregon Avenue; thence
East 93 feet more or less on the South boundary of Walnut
Street to a point of intersection with a cul -de -sac; thence
Northwesterly 53 feet more or less around the circumference
of a cul -de -sac to a point of intersection with the North
boundary of Walnut Street; thence West 43 feet more or less
on the North boundary of Walnut Street to a point of
intersection with Oregon Avenue; thence North 241 feet more
or less on the East boundary of Oregon Avenue to a point of
intersection with a cul -de -sac; thence Northwesterly 106
feet more or less around the circumference of a cul -de -sac
to a point of intersection with the North boundary of Maple
Street and the REAL POINT OF BEGINNING.
BE IT ALSO ORDAINED AS FOLLOWS:
Section 1. That a petition has been received by the Mayor
and Council of the City of Caldwell, Idaho, requesting passage
and approval of an ordinance vacating the unopened section of
Oregon Avenue between Maple and Walnut Streets and portions of
Maple and Walnut Streets located in Caldwell, Canyon County,
Idaho; that statutory notice has been given to citizens and
owners of property and a public hearing held on May 16, 1988,
pursuant to Section 50- 1306A, Idaho Code.
Section 2. That no objections to the above- referenced
vacation have been heard and adequate means of access to
properties have been provided.
Section 3. That a determination has been made by the Mayor
and Council that the vacation of said portions of streets is in
the best public interest for the City of Caldwell.
ORDINANCE - 1
Section 4. That title to said vacated right of way 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. That vacation of the above - described property is
subject to the reservations of the City of Caldwell, Idaho, and
utility companies of all existing easement rights in the area
comprising easements rights for sewer lines, water lines, power
lines, telephone lines and gas lines as presently located thereon
or therein, for access to and from said areas to maintain, repair
or replace the existing sewer, water, power, telephone and gas
lines as presently located thereon or therein.
Section 6. That all ordinances or parts of ordinances in
conflict herewith are hereby repealed.
Section 7. That this ordinance shall be in full force and
effect from and after its passage, approval and publication
according to law.
PASSED BY THE COUNCIL of the City of Caldwell, Idaho, this
13th- day of ----- June- .. - -, 1989.
APPROVED BY THE MAYOR of the City of Caldwell, Idaho, this
-.- -19th- day of -- _. June- - - - -, 1989.
Mayor
ATTEST,.
City Cl
ORDINANCE - 2
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