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HomeMy WebLinkAboutORD 19866 0 BILL NO. 11 ORDINANCE NO. 1986 AN ORDINANCE RECITING PETITION FOR VACATION AND RECITING APPROPRIATE NOTICE WAS GIVEN; DETERMINING THAT VACATION OF SAID EASEMENT IN THE CITY OF CALDWELL, COUNTY OF CANYON, STATE OF IDAHO; DESCRIBED BELOW, SHALL BE MADE; AND DETERMINING THAT VACATION OF SAID FOLLOWING PROPERTY IS IN THE BEST INTEREST FOR THE CITY OF CALDWELL, IDAHO. Vacation of five foot (5') easements located along common interior lot lines within Willow Brook Estates Subdivision as follows; five foot (5') easements located between Lots 1 and 2, Lots 2 and 3, Block 2; Lots 1 and 2, Lots 3 and 4, Lots 4 and 5, Lots 5 and 6, Lots 6 and 7, Lots 7 and 8, Lots 8 and 9, Lots 9 and 10, Lots 11 and 12, Lots 12 and 13, Lots 13 and 14, Lots 14 and 15, Lots 15 and 16, Lots 16 and 17, Lots 17 and 18, Lots 18 and 19, Lots 20 and 21, Block 1; excepting the easements located between Lots 2 and 3, Block 1; Lots 10 and 11, Block 1; and Lots 19 and 20, Block 1. 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 easement holders 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, in part, the above described easements located in Caldwell, Canyon County, Idaho. SECTION 2. That the City Council considered the petition for vacation on April 5, 1993. SECTION 3.That said easements contain no public or private utility lines. SECTION 4. That vacation of said easements upon the reconfiguration of lots will not prevent or reduce potential to extend utility service to property within or adjacent to this development. SECTION 5. That it is hereby determined it is in the best interest of the public that the above described easements in the City of Caldwell, Canyon County, Idaho be vacated, subject to the following stipulations: a) That easements along interior side lot lines between lots 16 and 17 and lots 17 and 18, Block 1 may be vacated. 1 b) That the vacan shall be accomplished in Sjunction with the reconfiguration or lot line adjustments involving lots 16, 17 and 18 which is to be accomplished through the filing and recordation of an amended plat for the Willowbrook Estates Subdivision. New five (5) foot utility easements shall be established along new interior side property lines. c) That the City Engineering Department and Planning Department Staff is authorized to vacate other interior side lot easements where appropriate and only in conjunction with the resubdivision or reconfiguration of existing lots in accordance with procedures stated in Item Section 5(b). SECTION 6. Be it ordained and established that the above described easements in the City of Caldwell, Canyon County, Idaho, shall pass and revert to the persons dedicating the same or their successors, heirs and assigns on the manner in which they were so dedicated. SECTION 7. 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 5th day of April , 199 3 . APPROVED BY THE MAYOR OF THE CITY OF CALDWELL, IDAHO, this 5 day of April , 199. <Ie-�Z C Ma ATTEST: L 4, � � k- --,-: � �-' City Clerk K