HomeMy WebLinkAboutORD 2844iNSTRUMENT N A,.
BILL NO. 29
ORDINANCE NO. 2844
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AN ORDINANCE RECITING PETITION FOR VACATION OF PUBLIC UTILITIES,
IRRIGATION, AND DRAINAGE EASEMENT AND RECITING APPROPRIATE NOTICE WAS
GIVEN; DETERMINING THAT VACATION OF SAID EASEMENT IN THE CITY OF
CALDWELL, CANYON COUNTY, IDAHO, DESCRIBED BELOW, SHALL BE MADE; AND
DETERMINING THAT VACATION OF SAID FOLLOWING EASEMENT IS IN THE BEST
PUBLIC INTEREST FOR THE CITY OF CALDWELL, CANYON COUNTY, IDAHO.
This easement vacation is a portion of a parcel located in Lot 9, Block 10 of Quail Ridge Subdivision
Ph. 1, on file in the Office of the Recorder, Canyon County as Instrument No. 200692355 in Book
39, Page 1, situated in the SEl /4 of Section 10, Township 3 North, Range 3 West of the Boise
Meridian, City of Caldwell, Canyon County, Idaho. Said easement being vacated is further
described in Exhibits "A" and "B ". The request is made to correct an easement encroachment of the
home at 14289 Moreno Drive built in said easement rendering the property "un- financeable ".
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 easement
located in Caldwell, Canyon County, Idaho.
Section 2. 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 3. This ordinance shall be in full force and effect from and after its passage and
publication according to law.
This vacation is subject to the following precedent conditions:
1. PETITIONER shall incur all costs related to this vacation.
2. PETITIONER installs a mainline gate valve (4 ") or curb stop (I") as appropriate on the
pressure irrigation line running within the side lot line easement in accordance with Caldwell
Municipal Irrigation Standards and subject to inspection by City staff. This valve is to be
located within 1' of the irrigation mainline running through the back yard.
3. PETITIONER provides evidence of an official release of interest from Idaho Power
Company in said area of encroachment within said easement.
PASSED BY THE COUNCIL of the City of Caldwell, Idaho, this 16` day of August, 2010.
APPROVED BY THE MAYOR of the City of C ell, Idaho i 6 ` day August, 2010.
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