HomeMy WebLinkAboutORD 2617- -� 4
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BILL NO. 42 -
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ORDINANCE NO. 2617
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AN ORDINANCE RECITING PETITION FORS" VACATION AND
RECITING APPROPRIATE NOTICE WAS GIVEN OF PUBLIC
HEARING; DETERMINING THAT VACATION OF SAID PUBLIC
RIGHT -OF -WAYS IN THE CITY OF CALDWELL, CANYON COUNTY,
IDAHO, DESCRIBED BELOW, SHALL BE MADE; AND DETERMINING
THAT VACATION OF SAID FOLLOWING RIGHT -OF -WAYS ARE IN
THE BEST PUBLIC INTEREST FOR THE CITY OF CALDWELL,
CANYON COUNTY, IDAHO.
This ordinance vacates that portion of South Michigan Avenue between the Northeasterly
boundary extended of Denver Street, the Southeasterly boundary of 16' Avenue extended and
the northerly boundary extended of Block 4, all as shown on the plat of City Addition, Caldwell,
Canyon County, Idaho, and of record in said County. This ordinance also vacates Cedar Street
(also known as Juniper Street) from the Northeasterly boundary extended of Denver Street to the
East boundary of said City Addition Subdivision and as shown on said plat hereof. This property
is generally located in the E 1 /4 SE t /4 SE '/4 of Section 22, Township 4 North, Range 3 West,
County of Canyon, State of Idaho.
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 all property owners within
three hundred (300) feet and published in the official newspaper of the City, in accordance with
Section 50- 1306A, Idaho Code, and property owners abutting the area to be vacated were
personally served with notice and the petition in accordance with Section 50 -1321, 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 right -of -way
located in Caldwell, Canyon County, Idaho, and a public hearing held by the Council;
Section 2. That Council finds the public right -of -way vacated by this instrument has not
been opened or used by the public for a period of five (5) years;
Section 3. That Council finds the owners of all properties abutting right -of -way vacated
by this action, and not consenting in writing to the same, have access to his, her, or their property
from some other public street, public right -of -way or private road;
Section 4. That said right -of -ways do 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.
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Section 5. This vacation is subject to the following precedent conditions:
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