HomeMy WebLinkAboutORD 2771Commencing at the SW corner of Government Lot 6 of Section 10, Township 4 North, Range 3
West, Boise Meridian; thence North O1 °15'39" East, 579.63 feet (Formally NO °44'E, 576.70'), along the
west line of said Government Lot 6; thence continuing North 01 °15'39" East, 82.52 feet (Formally
NO °44'E, 82'), to the southwesterly corner of Wilson Street as deeded to the City of Caldwell by deed
filed in Book 281 of Deeds at Page 360, records of Canyon County, Idaho; thence South 77 °29'08" East,
49.84 feet, along the southerly right -of -way line of said Wilson Street to the POINT OF BEGINNING,
said point being the beginning of a tangent 200.00 foot radius curve to the left; thence easterly along the
arc of said curve through a central angle of 14 °20'21" a distance of 50.05 feet, the long chord bears
S85 0 00'04 "E, 49.92', to the beginning of a tangent reversing 125.00 foot radius curve to the right; thence
easterly along the arc of said curve through a central angle of 29'22'12" a distance of 64.08 feet, the long
chord bears S77 °29'08 "E, 63.38', to the beginning of a tangent reversing 200.00 foot radius curve to the
left; thence southeasterly along the arc of said curve through a central angle of 14 °41'06' a distance of
51.26 feet, the long chord bears S70 0 08'35 "E, 51.12', to a point on the southerly right -of -way line of said
Wilson Street; thence North 77 °29'08" West, 163.57 feet (Formally North 77 °35' West), along said
southerly right -of -way line, to the POINT OF BEGINNING; Said parcel contains 0.019 acres, more or
less.
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, 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.
Section 2. That said right -of -way does not contain public or private utility lines.
Section 3. That it is hereby determined it is in the best interest of the public that the above -
described right -of -way in the City of Caldwell, Canyon County, Idaho be vacated.
Section 4. This ordinance shall be in full force and effect from and after its passage and
publication according to law.
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BILL NO. 51 � °
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ORDINANCE NO. 2771 ® '
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AN ORDINANCE RECITING PETITION FOR VACATION OF PUBLM RIG' -OF -WAY
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AND RECITING APPROPRIATE NOTICE WAS GIVEN; DETERMINING THAT
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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 RIGHT -OF -WAY IS IN THE BEST PUBLIC INTEREST
FOR THE CITY OF CALDWELL, CANYON COUNTY, IDAHO.
This request is made to correct a eight -of -way encroachment of the home at 2620 N. Montana
Avenue built in said right -of -way rendering the property "un- financeable ".
This ordinance vacates a portion of Wilson Street right -of -way located in Government Lot 6 of
Section 10, Township 4 North, Range 3 West, Boise Meridian, in the City of Caldwell, County of
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Canyon, State of Idaho, and is more particularly described as follows:
Commencing at the SW corner of Government Lot 6 of Section 10, Township 4 North, Range 3
West, Boise Meridian; thence North O1 °15'39" East, 579.63 feet (Formally NO °44'E, 576.70'), along the
west line of said Government Lot 6; thence continuing North 01 °15'39" East, 82.52 feet (Formally
NO °44'E, 82'), to the southwesterly corner of Wilson Street as deeded to the City of Caldwell by deed
filed in Book 281 of Deeds at Page 360, records of Canyon County, Idaho; thence South 77 °29'08" East,
49.84 feet, along the southerly right -of -way line of said Wilson Street to the POINT OF BEGINNING,
said point being the beginning of a tangent 200.00 foot radius curve to the left; thence easterly along the
arc of said curve through a central angle of 14 °20'21" a distance of 50.05 feet, the long chord bears
S85 0 00'04 "E, 49.92', to the beginning of a tangent reversing 125.00 foot radius curve to the right; thence
easterly along the arc of said curve through a central angle of 29'22'12" a distance of 64.08 feet, the long
chord bears S77 °29'08 "E, 63.38', to the beginning of a tangent reversing 200.00 foot radius curve to the
left; thence southeasterly along the arc of said curve through a central angle of 14 °41'06' a distance of
51.26 feet, the long chord bears S70 0 08'35 "E, 51.12', to a point on the southerly right -of -way line of said
Wilson Street; thence North 77 °29'08" West, 163.57 feet (Formally North 77 °35' West), along said
southerly right -of -way line, to the POINT OF BEGINNING; Said parcel contains 0.019 acres, more or
less.
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, 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.
Section 2. That said right -of -way does not contain public or private utility lines.
Section 3. That it is hereby determined it is in the best interest of the public that the above -
described right -of -way in the City of Caldwell, Canyon County, Idaho be vacated.
Section 4. This ordinance shall be in full force and effect from and after its passage and
publication according to law.
Section 5. This vacation is subject to the following precedent condition:
a. PETITIONER shall incur all costs related to this vacation.
b. PETITIONER shall provide, by separate recorded instrument(s), dedication of comparable
right -of -way as shown in Exhibit "A ", comprised of one (1) page attached hereto and by this
reference, made a part hereof. Such dedication shall be by deed(s) in a form and description
satisfactory to the City's Engineering Department and legal staff.
Section 6. Be it ordained and established that the above - described right -of -way in the City of
Caldwell, Canyon County, Idaho, upon completion of all precedent conditions and vacation shall pass
and revert to the adjacent private property owner located at said 2620 N. Montana Avenue, City of
Caldwell, Canyon County, Idaho, in accordance with Section 50 -311, Idaho State Code.
PASSED BY THE COUNCIL of the City of Caldwell, Idaho, this 3` day of
November, 2008.
APPROVED BY THE MAYOR of the City of Caldwell, Idaho, this 3` day of
November, 2008.
Mayor
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City Clerk
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N0173 J9E MONTANA STREET
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