HomeMy WebLinkAboutORD 1849BILL NO.
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ORDINANCE NO. -- 1 849
AN ORDINANCE RECITING PETITION FOR VACATION AND RECITING
APPROPRIATE NOTICE THEREFOR WAS GIVEN; DETERMINING THAT VACATION
OF A PORTION OF A PLAT AND A PORTION OF JOLIET STREET IN DEVER'S
ADDITION SUBDIVISION IN THE CITY OF CALDWELL, CANYON COUNTY,IDAHO
DESCRIBED BELOW, SHALL BE MADE; AND DETERMINING THAT VACATION OF
SAID FOLLOWING DESCRIPTION OF PLAT AND STREET IS IN THE BEST
PUBLIC INTEREST FOR THE CITY OF CALDWELL, CANYON COUNTY, IDAHO;
THAT PORTION OF JOLIET STREET LYING BETWEEN NORTH NINTH
AVENUE AND THE INTERSECTION OF ILLINOIS AVENUE AND MARBLE
FRONT ROAD; AND, THE ALLEY BETWEEN LOTS 4 THROUGH 10 AND 16
THROUGH 19, BLOCK 67, DEVER'S ADDITION; MORE PARTICULARLY
DESCRIBED AS FOLLOWS:
A PORTION COMMENCING AT THE EASTERLY CORNER OF BLOCK 67 OF
SAID DEVERS ADDITION TO CALDWELL, SAID POINT BEING MARKED BY
A STEEL PIN, THENCE NORTH 46 - 49' - 00" WEST A DISTANCE OF
300.00 FEET ALONG THE NORTHEASTERLY LINE OF BLOCK 67 TO THE
NORTHERLY CORNER THEREOF, SAID POINT BEING THE POINT OF
BEGINNING.
THENCE SOUTH 43 - 09' - 45" WEST A DISTANCE OF 20.24
FEET ALONG THE NORTHWESTERLY LINE OF BLOCK 67, TO THE
EASTERLY RIGHT -OF -WAY OF NORTH ILLINOIS AVENUE, THENCE
NORTH 00 -25' - 17" WEST A DISTANCE OF 51.36 FEET
ALONG SAID EASTERLY RIGHT -OF -WAY OF NORTH ILLINOIS
AVENUE TO A POINT OF CURVATURE,
THENCE NORTHEASTERLY A DISTANCE OF 45.56 FEET ALONG THE
ARC OF A CIRCULAR CURVE CONCAVE SOUTHEASTERLY, SAID
CURVE HAVING A CENTRAL ANGLE OF 87 -01' -09 ", A RADIUS
OF 30.00 FEET, A CHORD BEARING OF NORTH 43 - 05' -17"
EAST, A CHORD DISTANCE OF 41.31 FEET TO A POINT OF
TANGENCY MARKED BY A STEEL PIN, THENCE NORTH 86 - 35'
- 52" EAST A DISTANCE OF 51.58 FEET ALONG THE SOUTHERLY
RIGHT - OF - WAY OF MARBLE FRONT ROAD TO A POINT ON THE
NORTHWESTERLY LINE OF BLOCK 68, THENCE ALONG THE SAID
NORTHWESTERLY LINE OF BLOCK 68 SOUTH 43 - 09' - 45"
WEST A DISTANCE OF 15.73 FEET TO THE WESTERLY CORNER OF
SAID BLOCK 68, THENCE SOUTH 43 - 09' - 45" WEST A
DISTANCE OF 80.00 FEET TO THE POINT OF BEGINNING; AND
A PORTION COMMENCING AT THE EASTERLY CORNER OF BLOCK 67 SAID
DEVERS ADDITION TO CALDWELL, SAID POINT BEING MARKED BY A
STEEL PIN, SAID POINT BEING THE POINT OF BEGINNING.
THENCE NORTH 46 - 49' - 00" WEST A DISTANCE OF 300.00
FEET ALONG THE NORTHEASTERLY LINE OF BLOCK 67, TO THE
NORTHERLY CORNER THEREOF,
THENCE NORTH 43 - 09' - 45" EAST A DISTANCE OF 80.00
FEET TO WESTERLY CORNER OF BLOCK 68,
THENCE SOUTH 46 - 49' - 00" EAST A DISTANCE OF
300.00 FEET ALONG THE SOUTHWESTERLY LINE OF SAID BLOCK
68 TO THE SOUTHERLY CORNER THEREOF,
THENCE SOUTH 43 - 09 - 45" WEST A DISTANCE OF 80.00
FEET TO THE POINT OF BEGINNING; AND
A PORTION COMMENCING AT THE EASTERLY CORNER OF BLOCK 67 OF
SAID DEVERS ADDITION TO CALDWELL, ,SAID POINT BEING MARKED BY
A STEEL PIN, THENCE ALONG THE SOUTHEASTERLY LINE OF BLOCK 67
SOUTH 43 - 09' 45" WEST A DISTANCE OF 120.00 FEET TO A
POINT, SAID POINT BEING THE SOUTHERLY CORNER OF LOT 12, OF
SAID BLOCK 67 AND SAID POINT ALSO BEING THE POINT OF
BEGINNING.
THENCE CONTINUING ALONG THE SOUTHEASTERLY LINE OF SAID
BLOCK 67 SOUTH 43 - 09' - 45" WEST A DISTANCE OF
20.00 FEET TO A POINT ON THE SOUTHWESTERLY LINE OF AN
ALLEY TO BE VACATED.
THENCE ALONG SAID ALLEY NORTH 46 - 49' - 00" WEST A
DISTANCE OF 185.98 FEET TO A POINT ON THE EASTERLY
RIGHT - OF - WAY OF NORTH ILLINOIS AVENUE,
THENCE ALONG THE SAID EASTERLY RIGHT -OF -WAY OF NORTH
ILLINOIS AVENUE NORTH 00 - 25' - 17" WEST A DISTANCE
OF 27.62 FEET TO A POINT ON THE NORTHEASTERLY LINE OF
SAID ALLEY,
THENCE SOUTH 46 - 49' - 00" EAST A DISTANCE OF 205.02
FEET ALONG THE NORTHEASTERLY LINE OF SAID ALLEY TO THE
POINT OF BEGINNING.
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, 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.
SECTION 2. THAT PUBLIC HEARING WAS HELD ON FEBRUARY 21,
1990, BY THE CITY COUNCIL AND NO OBJECTIONS TO SAID VACATION
WERE HEARD.
SECTION 3. THAT SAID RIGHT OF WAY CONTAINS NO PUBLIC OR
PRIVATE UTILITY LINES THAT CANNOT FEASIBLY BE RELOCATED OR
RETAINED THROUGH THE ESTABLISHEMENT OF APPROPRIATE EASEMENTS
WHICH ARE TO BE CREATED AND RECORDED BY SEPARATE INSTRUMENT.
SECTION 4. THAT IT IS HEREBY DETERMINED IT IS IN THE BEST
ITEREST OF THE PUBLIC THAT THE ABOVE DESCRIBED PREMISES IN
THE CITY OF CALDWELL, CANYON COUNTY, IDAHO BE VACATED.
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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 PERSONS DEDICATING
THE SAME OR THEIR SUCCESSORS, HEIRS AND ASSIGNS IN THE
MANNER IN WHICH THEY WERE SO DEDICATED.
SECTION 6 THIS ORDINANCE SHALL BE IN FULL FORCE AND EFFECT
FROM AND AFTER ITS PASSAGE AND PUBLICATION ACCORDING TO LAW.
PASSED BY THE COUNCIL OF THE CITY OF CALDWELL, IDAHO, THIS
2nd DAY OF April , 1990.
APPROVED BY THE MAYOR OF THE CITY OF CALDWELL, IDAHO, THIS
2nd DAY OF April , 1990.
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ATTEST :
CITY CLERK
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