HomeMy WebLinkAboutORD 2363^'
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BILL NO. 49
ORDINANCE NO. 2363
AN ORDINANCE RECITING PETITION WAS GIVEN TO AMEND THE PLAT OF WESTGATE
SUBDIVISION BY VACATING A PUBLIC UTILITY EASEMENT; DETERMINING THAT SAID
VACATION OF SAID EASEMENT LOCATED WITHIN LOT 2, BLOCK 1 OF WESTGATE
SUBDIVISION, SAID PLAT FILED ON MARCH 22, 1966 IN BOOK 8, PAGE 4 IN THE OFFICE OF
THE CANYON COUNTY RECORDER, CANYON COUNTY, IDAHO, IS IN THE BEST INTEREST
OF THE CITY; REPEALING ALL ORDINANCES, RESOLUTIONS, ORDERS OR PARTS THEREOF
IN CONFLICT HEREWITH; AND DIRECTING THE CLERK OF THE CITY OF CALDWELL TO
FILE A CERTIFIED COPY OF THE ORDINANCE AND EXHIBITS WITH THE CANYON COUNTY,
RECORDER, CANYON COUNTY, IDAHO.
BE IT ORDAINED, BY THE MAYOR AND CITY COUNCIL OF THE CITY OF CALDWELL,
COUNTY OF CANYON, STATE OF IDAHO:
SECTION 1. That a petition to vacate an interior easement on Lot 2, Block 1 of West Gate Subdivision, as
shown on Exhibit A to this Ordinance, was submitted. That notice having been given to all affected easement
holders of the plat of Westgate Subdivision, in accordance with Section 50- 1306A, Idaho Code, an application
was presented to the Mayor and City Council requesting passage and approval to vacate certain property located
within the City and to amend the plat of Westgate Subdivision by showing such approved vacation.
SECTION 2. That those affected easement holders did agree in writing to the requested vacation. Those
affected easement holders being TCI, Idaho Power, Intermountain Gas, Pioneer Irrigation District, and the City
of Caldwell. Copies of the written agreements from the aforementioned easement holders are attached to this
Ordinance as Exhibit B.
SECTION 3. That the petition for vacation of easement, and plat amendment, was properly noticed in
accordance with Idaho Code, Title 50, Chapter 13, Section 50 -1306A by placing the ordinance and petition
under new business on the City Council's meeting agenda of December 4, 2000.
SECTION 4. That it is hereby determined to be in the best interest of the public that the below - described utility
easement located along the northern lot line of Lot 2, Block I of Westgate Subdivision located in the City of
Caldwell, Canyon County, Idaho, be vacated, to wit:
Beginning at the northwest corner of Lot 2 and running eastward along the north boundary of Lot 2,
thirty -nine (39) feet at a width of four (4) feet, thence continuing eastward ten (10) feet at a width of
twenty -seven (27) feet, thence continuing eastward twenty -six (26) feet at a width of ten (10) feet, ending at
the northeast corner of Lot 2.
SECTION 5. That the plat of Westgate Subdivision, as recorded on March 22, 1966 in Book 8, Page 4, in the
Canyon County Recorder's Office is hereby amended to show the vacation of the above described utility
easement.
SECTION 6. That the recordation of this Ordinance shall be deemed for all intents and purposes an amendment
to the original plat of Westgate Subdivision in accordance with Section 50- 1306(A), Idaho Code.
SECTION 7. That the Clerk of the City of Caldwell, Idaho shall, within 10 days following the effective date of
this ordinance, duly file a certified copy of this Ordinance and Exhibits in the Canyon County Recorder's Office.
SECTION 8. All ordinances, resolutions, orders or parts thereof in conflict herewith are hereby repealed,
rescinded and annulled.
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