HomeMy WebLinkAboutORD 1858BILL NO. 22
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f ORDINANCE NO. 1858
AN ORDINANCE RECITING PETITION FOR VACATION AND RECITING
APPROPRIATE NOTICE THEREFORE WAS GIVEN; DETERMINING THAT VACATION
OF STREETS AND ALLEYS IN THE PLAT OF THE COLLEGE HEIGHTS
ADDITION, IN THE CITY OF CALDWEL L , CANYON COUNTY, IDAHO,
DESCRIBED BELOW, SHALL BE MADE; AND DETERMINING THAT VACATION OF
SAID FOLLOWING STREETS AND ALLEYS IS IN THE BEST PUBLIC INTEREST
FOR THE CITY OF CAL DWEL L , CANYON COUNTY, IDAHO:
1. VACATION OF THE FULL RIGHT - OF - WAY OF ASH STREET BETWEEN
INDIANA AVENUE AND WISCONSIN AVENUE,
2. VACATION OF THE FULL RIGHT - OF - WAY OF OHIO AVENUE BETWEEN OAK:
STREET AND THE INTERVENING ALLEY OF BLOCK 4, PLAT OF THE
COLLEGE HEIGHTS ADDITION.
3. "'VACATION OF THE FULL RIGHT - OF - WAY OF MICHIGAN AVENUE BETWEEN
OAK: STREET, HAZEL STREET AND THE DIAGONAL CONNECTION TO
CLEVELAND BOULEVARD.
4. VACATION OF INTERVENING ALLEYS WITHIN BLOCK 4, BLOCK 6,
BLOCK 7, AND BLOCK S, PLAT OF THE COLLEGE HEIGHTS ADDITION.
SAID PROPERTY BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS:
1. ASH STREET THE RIGHT - OF - WAY FOR ASH STREET AS IT IS PLATTED
IN SAID PLAT OF COLLEGE HEIGHTS ADDITION BEGINNING AT THE
EXTENSION OF THE EAST BOUNDARY OF BLOCKS 5 & 6 AND INCLUDING
THE FULL WIDTH OF THE RIGHT -OF -WAY BETWEEN BLOCKS 5 & 6 AND
INCLUDING THE FULL WIDTH OF THE RIGHT - OF - WAY OF ASH STREET
EXTENDING THROUGH THE RIGHT -OF - WAY FOR MICHIGAN AVENUE AND
INCLUDING ALSO THE FULL WIDTH OF RIGHT -OF - WRY FOR ASH STREET
EXTENDING FROM THE EXTENDED EAST BOUNDARY OF BLOCKS 4 & 7 TO
THE WEST BOUNDARY OF SAID BLOCKS 4 & 7 AND ALSO INCLUDING
THE FULL WIDTH OF RIGHT -OF - WAY FOR ASH STREET EXTENDING
THROUGH THE RIGHT -OF -WAY FOR OHIO AVENUE AND ALSO INCLUDING
THE FULL WIDTH OF RIGHT -OF - WAY FOR ASH STREET FROM THE
EXTENDED EAST BOUNDARY OF BLOCKS 3 & 8 TO THE WEST BOUNDARY
OF 233RD AVENUE SOUTH AND TO THE EAST BOUNDARY OF WISCONSIN
AVENUE EXTENDED ACROSS THE FULL WIDTH OF RIGHT -OF -WAY FOR
ASH STREET.
2. OHIO AVENUE THE RIGHT -OF - WAY FOR OHIO AVENUE AS IT IS
PLATTED IN THE SAID PLAT OF COLLEGE HEIGHTS ADDITION
BEGINNING AT THE EXTENDED SOUTHERLY BOUNDARY OF BLOCKS 7 & B
AND INCLUDING THE FULL WIDTH OF THE RIGHT -OF -WAY EXTENDING
BETWEEN BLOCKS 7 & B AND INCLUDING THE FULL WIDTH OF THE
RIGHT - OF - WAY OF OHIO AVENUE EXTENDING THROUGH THE RIGHT -OF
WAY FOR ASH STREET AND ALSO INCLUDING THE FULL WIDTH OF
RIGHT -OF - WAY FOR OHIO AVENUE BEGINNING AT THE EXTENSION OF
THE SOUTHERLY BOUNDARY OF BLOCKS 3 &\4 AND THE FULL WIDTH OF
THE RIGHT -OF -WAY EXTENDING BETWEEN BLOCK 3 & 4 TO THE
EXTENDED NO &ERLY BOUNDARY OF THE ALL*S PLATTED IN BLOCK
4.
3. MICHIGAN AVENUE THE RIGHT - OF - WRY FOR MICHIGAN AVE.
AS IT IS PLATTED IN SAID PLAT OF COLLEGE HEIGHTS ADDITION
BEGINNING AT THE SOUTHERLY BOUNDARY OF BLOCKS 6 & 7 AND
INCLUDING THE FULL WIDTH OF THE RIGHT -OF -WAY EXTENDING
BETWEEN BLOCKS 6 & 7 AND INCLUDING THE FULL WIDTH OF THE
RIGHT - OF - WAY OF MICHIGAN AVENUE EXTENDING THROUGH THE RIGHT -
OF -WAY FOR ASH STREET AND ALSO INCLUDING THE FULL WIDTH OF
RIGHT -OF -WAY FOR MICHIGAN AVENUE BEGINNING AT THE EXTENSION
OF THE SOUTHERLY BOUNDARY OF BLOCKS 4 & 5 AND INCLUDING THE
FULL WIDTH OF RIGHT - OF - WAY BETWEEN BLOCKS 4 & 5 AND THROUGH
THE RIGHT -OF -WAY FOR HAZEL STREET AND BETWEEN BLOCKS 1 & 2
INCLUDING THE FULL WIDTH OF RIGHT -OF - WAY EXTENDING TO THE
SOUTHWESTERLY BOUNDARY OF CLEVELAND BOULEVARD. ALL OF THE
ABOVE RIGHT -OF -WAY IS AS DIMENSIONED AND PLATTED IN THE SAID
PLAT OF COLLEGE HEIGHTS ADDITION.
4. ALLEYS THE FULL WIDTH OF RIGHT -OF -WAY FOR THE ALLEYS AS
PLATTED IN BLOCK 6 OF SAID PLAT OF COLLEGE HEIGHTS ADDITION
EXTENDING FROM THE EAST BOUNDARY OF SAID BLOCK 6 TO THE WEST
BOUNDARY OF SAID BLOCK' 6 AND ALSO INCLUDING THE FULL WIDTH
OF RIGHT - OF - WAY FOR THE ALLEY IN BLOCK 7 AS PLATTED IN SAID
COLLEGE HEIGHTS ADDITION EXTENDING FROM THE EAST BOUNDARY OF
SAID BLOCK 7 TO THE WEST BOUNDARY OF SAID BLOCK 7 AND ALSO
INCLUDING THE FULL WIDTH OF RIGHT - OF - WAY FOR THE ALLEY IN
BLOCK S AS PLATTED IN SAID PLAT OF COLLEGE HEIGHTS ADDITION
EXTENDING FROM THE EAST BOUNDARY OF SAID BLOCK S TO THE WEST
BOUNDARY OF SAID BLOCK B AND ALSO INCLUDING THE FULL WIDTH
OF RIGHT -OF - WAY FOR THE ALLEY IN BLOCK 4 AS PLATTED IN SAID
COLLEGE HEIGHTS ADDITION EXTENDING FROM THE EAST BOUNDARY OF
SAID BLOCK' 4 TO THE WEST BOUNDARY OF SAID BLOCK 4.
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 MAY 21, 1990, BY THE
CITY COUNCIL AND NO OBJECTIONS TO SAID VACATION WERE HEARD.
SECTION 3. THAT SAID RIGHT - OF - WRY CONTAINS NO PUBLIC OR PRIVATE
UTILITY LINES THAT CANNOT FEASIBLY BE RELOCATED OR RETAINED
THROUGH THE ESTABLISHMENT 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
INTEREST OF THE PUBLIC THAT THE ABOVE DESCRIBED PREMISES IN THE
CITY OF CALDWELL, CANYON COUNTY, IDAHO BE VACATED.
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SECTION S. BE Or ORDAINED AND ESTABLISO THA T THE ABOVE
DESCRIBED PREMISES IN THE CITY OF CALDWELL, CANYON COUNTY, IDAHO,
a.
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
DEDICA TED .
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
21st DAY OF May , 1990.
APPROVED BY THE MAYOR OF THE CITY OF CALDWELL, IDAHO, THI s
21st DAY OF
May
1990.
ATTEST:
CITY CLERK
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