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HomeMy WebLinkAboutORD 2404BILL NO, 40 ORDINANCE NO. 2404 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 DETERMINING THAT VACATION OF SAID FOLLOWING PROPERTY IS IN THE BEST PUBLIC INTEREST FOR THE CITY OF CALDWELL, CANYON COUNTY, IDAHO. This vacation is for an alley from Tenth Avenue to Eleventh Avenue, parallel with and between Cleveland Boulevard and Dearborn Street. The request is made to facilitate construction of a new Walgreens Pharmacy. Said property being more particularly described as follows: The alley between lots 1 -11 and 12 -20, 22 of Block 26 Dorman's Addition 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 December 17, 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 (item no.'s 1 and 2 may be deferred up to one year from recordation, provided a financial guarantee is posted with the City at 110 of the cost for the work, subject to approval of the City Engineer): e �y W t all I n • - � � s 1 L - u I 1 1 1 i y d , II II