HomeMy WebLinkAboutORD 2452 2021-003881
RECORDED
01/19/2021 10:56 AM
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CHRIS YAMAMOTO
CANYON COUNTY RECORDER
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O S: f ORDINANCE
K --A. ` 'r CITY OF CALDWELL
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Recorder's Office
Document
Cover Sheet
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BILL NO. 48 acp oval i --
ORDINANCE NO. 2452
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.
Petition to vacate a portion of South Georgia Avenue, said property being more
particularly described as follows:
A four foot wide strip of land along the westerly boundary of the platted
right-of-way for South Georgia Avenue, according to the plat of Hillcrest
Subdivision, as subscribed to the 19th day of May 1917, and as recorded on
Page 10 Book 3 of Plats in the office of the Recorder for Canyon County,
Idaho, and lying between the rights-of-way for Syringa Lane and United
States Interstate 84.
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 16, 2002, 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 provide to
said City a deed for right-of-way, 56 feet wide, including standard 20 foot
radii at points of intersection, lying along the northerly boundary of U.S.
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Interstate 84, and connecting the southerly terminus of South Georgia
Avenue to the westerly terminus of Owyhee Lane.
B. That applicant, or its successors in interest, agree to remove at their
expense, any encroachments into remaining right-of-way, provided
however,the existing encroachments of a barn and air conditioning unit
may remain, but not expanded or replaced, until said right-of-way is
opened for public use.
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
owner(s) of the property abutting the right-of-way on its westerly boundary or their
successors, heirs and assigns.
Section 6. 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 16 day of
December,-gni-.pObj ,
APPROVED BY THE MAYOR of the City of Caldwell, Idaho, this 16th day of
December ,4904, coact ,
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Mayor
ATTEST:
City Clerk •
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