HomeMy WebLinkAboutORD 2272BELL NO. 12
ORDINANCE NO. 22 7 2
AN ORDINANCE RECITING PETITION FOR VACATION AND RECITING
APPROPRIATE NOTICE WAS GIVEN; DETERMINING THAT VACATION OF SAID
PUBLIC RIGHT -O&WAY IN THE CITY OF CAI DWEII., CANYON COUNTY,
IDAHO, DESCRIBED BELOW, SHALL BE MADE; DETERMINING THAT
VACATION OF SAID FOLLOWING PROPERTY IS IN THE BEST PUBLIC
INTEREST; AND PROVIDING FOR AN EFFECTIVE DATE.
Vacation of the full right -of -way of portions of First Street and Marshall Avenue.
Said property being more particularly described as follows:
That portion of First Street lying between and adjacent to Lots 20 and 21 and that
portion of Marshall Avenue (formerly Park Avenue) lying Easterly from and contiguous
with Lots 20, 21 and 22, all in Wood's Acreage, Caldwell, Idaho, as shown on the
official plat thereof on file in the office of the Canyon County Recorder in Book 1 of
Plats at Page 29 and lying within the E' /z W' /2 NW 1 /4, Section 33, 174N, R3W, B.M.,
Canyon County, Idaho.
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 the 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 a petition to vacate was submitted and that all affected easement holders
have been notified of the petition to vacate by certified mail, return receipt requested and
have agreed to same in writing.
Section 3. That a Public Hearing was held on February 16, 1999, by the City Council and
no objection to said vacation was heard or that objections were heard, fully considered and
passed on by said Council.
Section 4. That said right -of -way does not contain 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 5. 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.
Section 6. 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 7. 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 1 6 day of
Fahr 1999.
APPROVED BY THE MAYOR of the City of Caldwell, Idaho, this 16 day of
February 1999
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Mayor
ATTE n
City Clerk
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