HomeMy WebLinkAboutORD 2274BILL NO. 1 4
ORDINANCE NO. 2274
AN ORDINANCE RECITING PETMON FOR VACATION AND
RECITING APPROPRIATE NOTICE WAS GIVEN; DETER MflNG
THAT VACATION OF SAID PUBLIC RIGHT -OF -WAY IN THE CITY OF
CALDWELL, CANYON COUNTY, IDAHO, DESCRIBED BELOW,
SHALL BE MADE; DETERM [NING 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 Wolfe Street between Graye Lane and Union
Pacific Railroad right -of -way; as recorded in Happy Day Business Center, filed in
Book 17 ofPlats, Page 45, records of the Canyon County Recorders Office; lying in
the east 1 /2 of Section 1, Township 3 North, Range 3 West, Boise Meridian, Canyon
County, Idaho; not including the intersection right -of -way ofGraye Lane and Wolfe
Street.
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 November 16, 1998, by the City
Council and no objection to said vacation was heard, or that objections were heard, fully
considered and passed by said Council.
Section 4. That said right -0f - -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,
subject to the following terms and conditions:
A. Prior to the recordation of the vacation, the applicant is to provide a twenty -
seven foot (27) wide easement to accommodate water, sewer and other public
utilities along Wolfe Street subject to the review and approval of the City
Engineer.
B. Prior to the recordation of vacation, the applicant is to provide ten -foot (I0)
wide utility and drainage easements within the vacated right -of -way and fronting
the right -of -way for Graye Lane and the Union Pacific Railroad.
C. Prior to the recordation of the vacation, the applicant is to provide and record a
lot line adjustment to Lots 43 and 44, Block 5, Happy Day Business Center such
that both lots front on the right -of -way of Graye Lane.
Section b. 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.
PASSED BY THE COUNCIL of the City of Caldwell, Idaho, this Ls tday of
March ' 1999.
APPROVED BY THE MAYOR of the City of Caldwell, Idaho, this 1 s tday of
March , 1999.
Mayor
ATTEST:
City Clerk