HomeMy WebLinkAboutORD 1881BILL NO. 45
ORDINANCE NO. 1881
AN ORDINANCE RECITING PETITION FOR VACATION AND RECITING
APPROPRIATE NOTICE WAS GIVEN; DETERMINING THAT VACATION OF
SAID PUBLIC RIGHT -OF -WAY IN THE CITY OF CALDWELL, CANYON
COUNTY, IDAHO, DESCRIBED BELOW, SHALL BE MADE; AND
DETERMINING THAT VACATION OF SAID FOLLOWING PROPERTY IS IN
THE BEST PUBLIC INTEREST FOR THE CITY OF CALDWELL, CANYON
COUNTY, IDAHO.
Vacation of the full right -of -way of Wolfe Street
between Timbre Drive and Graye Lane; and vacation of the
full right -of -way of Timbre Drive between Wolfe Street
and Happy Day Boulevard; and including full intersection
right -of -way of Timbre Drive and Wolfe Street.
Said property being more particularly described as follows:
A tract of land being a portion of the Northeast 1/4 of
Section 1, Township 3 North, Range 3 West, Boise Meridian,
Canyon County, Idaho, described as follows:
Commencing at a found brass cap marking the Southeast corner
of the Southeast 1/4 of said Section 1; thence along the
Easterly line of the said Southeast 1/4 North 00 25' -53"
East a distance of 2657.00 feet to the Northeast corner of
the said Southeast 1/4, said point being a lead plug and tack
in the concrete curb; thence North 59 50 West a distance
of 809.95 feet to a found 5/8 inch steel pin marking the
Westerly corner of Lot 39, Block 2 of Happy Day Business
Center, (a subdivision recorded under Instrument No. 889019,
Records of Canyon County); thence along the northwesterly
line of said Lot 39, North 43 ° - 41' -00" East 409.54 feet to a
found 5/8 inch steel pin marking the Northerly corner of said
Lot 39, said pin also being the POINT OF BEGINNING.
Thence North 46 19' -00" West a distance of 163.31 feet along
the Southwesterly right -of -way line of Timbre Drive to a
found 5/8 inch steel pin. Thence continuing along said
Southwesterly right -of -way line, North 39"- 20' -48" West, a
distance of 90.67 feet to a found 5/8 inch steel pin on the
Northwesterly right -of -way of Wolfe Street; thence along the
said Northwesterly right -of -way, North 43 41 " -00" East a
distance of 299.00 feet to a point of curvature; thence along
the arc of a circular curve to the left, said curve having a
central angle of 90 00' -00 ", a radius of 20.00 feet, a chord
bearing of North Ol 19' -00" West, a chord distance of 28.28
feet to a point on the Southwesterly right -of -way of Graye
Lane; thence South 46"- 19'00" East a distance of 110.00 feet
along the said Southwesterly right -of -way of Graye Lane to a
point of curvature; thence along the arc of a circular curve
to the left, said curve having a central angle of 90 00
a radius of 20.00 feet, a chord bearing of South 88 "- 41' -00"
West, a chord distance of 28.28 feet to a point on the
Southeasterly right -of -way of Wolfe Street; South 43'-4l'-00"
West a distance of 240.00 feet along the said Southeasterly
right -of -way of Wolfe Street to a point of curvature; thence
along the arc of a circular curve to the left, said curve
having a central angle of 90 00' -00 ", a radius of 20.00
feet, a chord bearing of South 01 19' -00" East, a chord
distance of 28.28 feet to a point on the Northeasterly right -
of -way of Timbre Drive; thence along the said Northeasterly
right -of -way of Timbre Drive, South 46 19'00" East a
distance of 540.00 feet to a point of curvature; thence along
the arc of a circular curve to the left, said curve having a
central angle of 90 "- 00' -00 ", a radius of 20.00 feet, a chord
bearing of North 88 41' -00" East, a chord distance of 28.28
feet to a point on the Northwesterly right -of -way of Happy
Day Blvd; thence along the said Northwesterly right -of -way
of Happy Day Blvd., South 43 41' -00" West a distance of
90.00 feet to a point of curvature; thence along the arc of a
I
circular curve to the left, said curve having a central angle
of 90 00' -00 ", a radius of 20.00 feet, a chord bearing of
North 01 19' -00" West, a chord distance of 28.28 feet to a
point on the Southwesterly right -of -way of Timbre Drive;
thence along the said Southwesterly right -of -way of Timbre
Drive, North 46 19' -00" West a distance of 376.69 feet to
the POINT OF BEGINNING.
The above described tract of land contains 1.19 acres, more
or less, subject to all existing easements and rights -of -way.
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 inthe City of Caldwell, Idaho, in accordance with
Section 50- 13O6A, 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 a Public Hearing was held on November 5,
1990, by the City Council and no objection to said vacation was
heard.
Section 3. That said right -of -way 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 instruments.
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, subject to the
following terms and conditions:
A. That prior to the recordation of the vacation, the
applicant shall perform the following subject to the
review and approval of the City Engineer:
1. Provide a twenty foot (20') wide utility easement
along west property boundary between Graye Lane and
Cleveland Boulevard to accommodate water line
extension;
2. Extend utility easement along south side of Timbre
Drive to the west property line to accommodate
irrigation line and ditch which is to vary in width
from twenty feet (20') to forty feet (40').
3. Identify, prepare, and record easements for other
utilities, in particular where Happy Day Boulevard
intersects with Timbre Drive.
4. Improve connection between Laster Lane and Graye Lane
to provide "temporary" second point of access to the
subdivision for emergency vehicles. Improvements
could be in the form of a twenty foot (20') wide all
weather surface road connecting the two streets.
Section 5. Be it ordained and established that the above
described 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
5th day of November 1990.
APPROVED BY THE MAYOR of the City of Caldwell, Idaho, this -
5t h day of November 1990.
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ATTEST:
v �' City Clerk