HomeMy WebLinkAboutORD 2015BILL NO. 2
ORDINANCE NO. 2015
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 EASEMENT IS IN THE BEST INTEREST FOR THE CITY OF
CALDWELL, IDAHO.
BE IT ORDAINED by the Mayor and Council of the City of Caldwell, Idaho;
WHEREAS, it has been determined by the City Council of the City of Caldwell, Idaho,
following the procedures as required in Section 6 -4-3 Caldwell Municipal Code, that the
following described easement be vacated; and that said vacation is in the best interest
of the City of Caldwell, Idaho.
Said easement is a 10' foot drainage easement located between Lot 12 and Lot 13, Block
2, Feller Manor, as shown on the attached map labelled Exhibit "A" which is made part
of this Ordinance.
IT IS HEREBY ORDAINED AS FOLLOWS:
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
easement located in Caldwell, Canyon County, Idaho.
Section 2. That a public hearing was held on February 7, 1994, by the City Council and
no objection to said vacation was heard.
Section 3. That said easement contains no public or private utility lines that cannot
feasibly be relocated.
Section 4. That it is hereby determined it is in the best interest of the public that the
above described easement in the City of Caldwell, Canyon County, Idaho be vacated
subject to the following conditions and restrictions.
1. The applicant shall prepare an appropriate instrument to record a new easement
on the subject parcel to replace the existing easement.
ORDINANCE - 1
• •
2. The applicant shall remove the existing drainage line and reconstruct a new line
within the limits of the new easement to the satisfaction of the City Engineer prior
to the recordation of this Ordinance.
Section S. Be it ordained and established that the above described premises 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 6. 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 7th day of
February , 1994.
APPROVED BY THE MAYOR of the City of Caldwell, Idaho, this 7th day of
February , 1994.
Mayor
ATTEST:
City Clerk
ORDINANCE - 2
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STATE OF IDAHO)
County of Canyon)
On this 22nd day of March, 1994, before me, the undersigned,
a Notary Public in and for said State, personally appeared Betty Jo
Keller, personally known to me to be the person whose name is
subscribed to the above document and acknowledged to me that she
executed the same.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed my
official seal, the day and year written above.
NOTARY PUBLIC FOR IDAHO
Resident at Caldwell, Idaho