HomeMy WebLinkAboutORD 2391i
o200 / /-/ti 5,23
BILL NO. 2 7
ORDINANCE NO. 23 91
AN ORDINANCE RECITING PETITION FOR VACATION AND RECITING
APPROPRIATE NOTICE WAS GIVEN; DETERMINING THAT VACATION OF
SAID PUBLIC RIGHT -OF -WAY IN THE CITY OF CALDWELL, CANYON
COUNTY, IDAHO, DESCRIBED BELOW, SHALL BE MADE; AND
DETERM NiNG THAT VACATION OF SAID FOLLOWING PROPERTY IS IN
THE BEST PUBLIC INTEREST FOR THE CITY OF CALDWELL, CANYON
COUNTY, IDAHO.
Petition to vacate alleyway for the vacation of a portion of the alley that runs from Seventh Avenue
to Kimball Avenue, parallel with and between East Ithaca Street and Hannibal Street. The
Northwesterly 75 feet of this alley is excluded from this vacation. The request is made to facilitate
construction of new motorcycle store. The alley right -of -way is not currently open for public
travel.
Said property being more particularly described as follows:
A portion ofthe alley in block 75 ofDEVER'S ADDITION to Caldwell as on file in Book 2 of
Plats at page 17 in the office of the Recorder of Canyon County, Idaho, located in a part of the
Southwest Quarter of the Northeast Quarter of Section 22, Township 4 North, Range 3 West, Boise
Meridian, Caldwell, Canyon County Idaho, more particularly described as follows:
COMMENCING at the most Northerly corner of Lot 1, Block 75 of said Dever's Addition to
Caldwell; thence
South 46 12'38" East, a distance of 75.05 feet (formerly 75.0 feet), along the Northeasterly
boundary of Lots 1 through 3 to the most Northerly corner of Lot 4 of said Block 75; thence
continuing
South 46 12 East, a distance of 225.16 feet (formerly 225.0 feet), along the
Northeasterly boundary of Lots 4 through 12 of said Block 75 to the most Easterly comer of said
Lot 12, said corner monumented with a 5/8 -inch diameter iron pin; thence
South 43° 46'29" West, a distance of 120.01 feet (formerly 120.0 feet), along the
Southeasterly boundary of said Lot 12, said corner being the POINT OF BEGINNING and
monumented with a 5 / 8-inch diameter iron pin; thence
North 46° 13'00" West, a distance of 225.12 feet (formerly 225.0 feet), along the
Southwesterly boundary of said Lots 4 through 12 to the most Westerly boundary corner of said Lot
4, said corner monumented with a 5/8 -inch diameter iron pin; thence
South 43° 44'56" West, a distance of 16.00 feet to the most Northerly boundary comer of
Lot 21 of said Block 75; thence
South 46° 13' W' East, a distance of 225.11 feet (formerly 225.0 feet), along the
Northeasterly boundary of Lots 21 through 13 of said Block 75 to the most Easterly comer of said
Lot 13, said comer monumented with a 5/8 -inch diameter iron pin; thence
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North 43 46'29" East, a distance of 16.00 feet to the most Southerly boundary corner of
said Lot 12, the POINT OF BEGINNING.
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 Public Hearing was held on October 15, 2001, 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 3. 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 4. 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. That prior to the recordation of the vacation, the applicant shall perform the
following subject to the review and approval of the City Engineer:
Provide the City with a general utility easement on the northwesterly side of
the alley being vacated to protect existing power and phone structures and
necessary appurtenances.
2. Install a sanitary sewer manhole northwest of the alley being vacated (within
the existing public alley right -of -way) to ensure the City maintained
mainline terminates at a manhole.
Section 5. 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 6. This ordinance shall be in full force and effect from and after its passage and
publication according to law.
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