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BILL NO. 13
ORDINANCE NO. 1903
AN ORDINANCE RECITING PETITION FOR VACATION AND RECITING
APPROPRIATE NOTICE THEREFORE WAS GIVEN; DETERMINING THAT VACATION
OF STREETS IN THE PLAT OF GOLDEN GATE ADDITION, IN THE CITY OF
CALDWELL, CANYON COUNTY, IDAHO, DESCRIBED BELOW, SHALL BE MADE;
AND DETERMINING THAT VACATION OF SAID FOLLOWING STREETS IS IN THE
BEST PUBLIC INTEREST FOR THE CITY OF CALDWELL, CANYON COUNTY,
IDAHO.
Vacation of a portion of the right -of -way of First
Avenue north of Plymouth Avenue between Block 88 and
Block 89, Golden Gate Addition.
SAID PROPERTY BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS:
Part A.
COMMENCING at the Westerly corner of Block 88 in the Golden Gate
Addition;
thence Northwesterly along the Southwesterly line extended of
Block 88, a distance of 20.00 feet;
thence Northeasterly and Parallel with the Northwesterly line of
Block 88, a distance of 150.00 feet;
thence Southeasterly and parallel with the South Property Line
Extended, a distance of 20.00 feet;
thence Southwesterly on the Northwesterly Line of Block 88, a
distance of 150.00 feet to the POINT OF BEGINNING.
Part B.
COMMENCING at the Southerly corner of Block 89 in Golden Gate
Addition;
thence Southeasterly along the Southwesterly line extended of
Block 89, a distance of 20.00 feet;
thence Northeasterly and parallel with the Southeasterly line of
Block 89, a distance of 150.00 feet;
thence Northwesterly and parallel with the Southwesterly line
extended, a distance of 20.00 feet;
thence Southwesterly along the Southeasterly line of Block 89, a
distance of 150.00 feet to the POINT OF BEGINNING.
1.
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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 hearings were held on March 18, April 15
and May 6, 1991, by the City Council. Objections were presented
regarding the vacation of the full right -of -way of First Avenue
and input was received from the Parks and Recreation Cormnission.
Section 3. That said vacation of a portion of the 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
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, subject to the
following terms and conditions:
A. Dedication and participation in the recordation of a
pedestrian access easement approximately 50 feet by 50 feet
within the north portion of Lot 89B. Said easement shall be
recorded prior to or in connection with recordation of the
vacation.
B. Establishment of a minimum ten (10) foot structural setback
from the adjusted property line contiguous to the First
Avenue right -of -way.
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.
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PASSED BY THE COUNCIL OF THE CITY OF CALDWELL, IDAHO, this
_LZthday of June , 1991.
APPROVED BY THE MAYOR AND THE CITY OF CALDWELL, IDAHO, this
17th day of June , 1991.
ATTEST:
City C1
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