HomeMy WebLinkAboutORD 645AN ORDINANCE RECITING THE PASSAGE, APPROVAL ANDPUBLICATION OF ORDI-
14A1VCE NO.. 644;'DETERMINING THAT NO OBJECTION TO THE VACATION OF
THAT PORTION OF THE UNNAMED STREET IN CAWRELL, IDAHO, LYING SOUTH
OF AND ADJACENT TO THE WESTERLY 495.80 FEET OF THE SOUTH LIKE OF
BLOCK 11 AS SHOWN ON THE PLAT OF FAIR ACRES IN SECTIONS 27 and 28,
TOWNSHIP 4 NORTH, RANGE 3 WEST OF THE BOISE MERIDIAN, HAS BEEN MADE
OR FILED, AND THAT NO CLAIM OR CLAIMS FOR DAMAGES WHICH WOULD BE
SUSTAINED BY REASON THEREOF HAVE BEEN FILED; DETERMINING THAT THE
VACATION OF SAID PORTION OF SAID UNNAMED STREET IS TO THE BEST
INTERESTS AND ADVANTAGE OF THE CITY OF CALDWELL AND ITS CITIZENS
AND ITS PROPERTY OWNERS; VACATING SAID PORTION OF SAID UNNAMED
STREET; REPEALING ALL ORDINANCES OR PARTS OF ORDINANCES IN CON-
FLICT HEREI ITH; AND PROVIDING FOR THE PUBLICATION OF THIS ORDINANCE
AND ITS TAKING EFFECT:
BE IT ORDAINED AND �:STABLISHED by the Mayor and Council
of the City of Caldwell, Idaho:
SECTION I
That by Ordinance No. 644 passed by the Council and ap-
proved by the Mayor of the City of Caldwell, Idaho, on September 4,
1945, and published in The Caldwell News Tribune, a newspaper pub-
lished in said City of Caldwell in two issues thereof on September
6 1945, and on September 7, 1945, Notice was given to all citizens
of and owners of property in the City of Caldwell, Idaho, that an
Application had been presented by all of the owners of the abutting
and adjacent property, to the mayor and Council of the City of
Caldwell, Idaho, for the passage and approval of an Ordinance vaca-
ting that portion of an unnamed street in the City of Caldwell, Idaho,
particularly described as follows:
Beginning at the West corner of Block 11 as shown on the Plat
of Fair Acres in Sections 27 and 28, Township 4 North, Range
3 west of the Boise Meridian on file and of record in the
' office of the Canyon County Recorder, Canyon County, Idaho,
and running thence East along the South line of said Block
11, a distance of 495.80 feet; thence South and at a right
angle to the said South line a distance of 50.00 feet; thence
Vest and parallel to the said South line to the Southeasterly
line of Second Avenue as shown on said Plat of Fair Acres (now
known as 10th Avenue), thence X ortheasterly on the Southeasterly
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line of the said Second Avenue to the point of beginning, and
containing 0.60 acres more or less;
which Ordinance provided the manner of making objections thereto
and of ascertaining damages which would be sustained by reason of
the vacation of said portion of said unnamed street.
SEC^1ION II.
That no objection to granting said application has been
made or filed and no claim or claims for damages which would result
therefrom have been filed; and it is hereby determined that no
citizen of or owner of property in the City of Caldwell, Idaho,
will be damaged or injured by the vacation of said portion of said
unnamed street and that it is in fact to the best interests and
advantage of the City of Caldwell, Idaho, and its citizens and
its property owners that the above described portion of said
unnamed street be vacated.
SECTION III
BE IT ORDAINED AND ESTABLISHED That the portion of said
unnamed street in the City of Caldwell, Idaho, particularly des-
cribed in Section I hereof, from and after the passage, approval
and publication of this Ordinance shall be vacated as a platted
street and shall no longer be deemed a street or thoroughfare of
the City of Caldwell, and shall no longer be open for or subject
to use by the public; and thereupon the title to the Northerly
one -half of said vacated street abutting upon and lying adjacent
to.the following described real property, to -wit:
The following described tract of ground situated in Block
Eleven (11) of Fair Acres in Sections Twenty -seven (27) and
Twenty -eight (28), Township Four (4) North, Range Three (3)
West of the Boise meridian as shown on the official plat
thereof on file and of record in the office of the Recorder
of Canyon County, Idaho, and more particularly described as
follows:
SEE
Commencing at the nest corner of said Block 11 and running
thence Bast on the South line of said Block 11, a distance
of 336.3 feet to the true point of beginning; run thence
North and at a right angle to the said South line, a distance
of 172.6 feet, thence Northeasterly and parallel to the North-
westerly line of said Block 11, a distance of 18 *09 feet, thence
Southeasterly and parallel to the Northeasterly line of said
Block 11 a distance of 271.1 feet to the South line of said
Block 11, thence test on the South line of said Block 11, a
distance of 210.0 feet to the true point of beginning; and
containing 0.47 acres, more or less;
shall pass and revert to H. B. McCluskey and Pauline McCluskey, hus-
band and wife, as the owners of said property, free of the easement
or dedication heretofore existing for public street thereon; and
thereupon the title to the Northerly one -half of said vacated street
abutting upon and lying adjacent to the following described real
property, to -wit:
The following described tract of ground situated in Block
Eleven (11) of Fair Acres in Sections Twenty -seven (27) and
Twenty -eight (28), Township Four (4) North, Range Three (3)
West of the Boise Meridian, as shown on the official Flat
thereof on file and of record in the office of the Recorder
of Canyon County, Idaho, and more particularly described as
follows:
Commencing at the U+est corner of Block 11 of Fair Acres and
running thence East on the South line of said Block 11, a
distance of 236.3 feet to the true point of beginning; run
thence North at a right angle to the said South line a
distance of 66.8 feet, thence Northeasterly and parallel to
the Northwesterly line of said Block 11, a distance of 145.9
feet; thence South a distance of 172.6 feet to the Mouth line
of said block 11, thence vaest on the South line of said Block
11, a distance of 100 feet to the true point of beginning;
shall pass and revert to
husband and wife, as the
easement or dedication h
and thereupon the title
street lying adjacent to
real property, to -wit:
Chas. L. Shaffer and Audrey I. Shaffer,
owners of said real property, free of the
erstofore existing for public street thereon;
to the Northerly one -half of said vacated
and abutting upon the following described'
The following described tract of ground situated in Block
Eleven (11) of Fair Acres in Sections Twenty -seven (27) and
Twenty -eight (28), Township Four (4) North, Range Three (3)
West of the Boise Meridian, as shown on the official Flat
thereof on file and of record in the office of the Recorder
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of Canyon County, Idaho, and more particularly described as
follows:
Beginning at the Vest corner of Block 11 of Fair Acres, and
running thence East on the South line of said Block 11 a
distance of 236.30 feet; thence North and at a right angle
to the said.South line a distance of 66.8 feet; thence
Northwesterly and at a right angle to the Northwesterly line
of said Block 11, a distance of 125 feet to a point on the
said Northwesterly line, thence Southwesterly on said
Northwesterly line, a distance of 210.50 feet to the point
of beginning, and containing 0.49 acres more or less;
shall pass and revert to Roy Rabbitt and Vi E. Rabbitt, husband
and wife, as the owners of said real property, free of the ease-
ment or dedication heretofore existing for public street thereon;
and thereupon the title to the entire Southerly one -half of said
vacated street shall pass and revert to the City of Caldwell, Idaho,
as the owner of all of the abutting and adjacent property on the
Southerly side of said vacated street, free of the easement or
dedication heretofore existing for public street thereon.
Section. IV.
All Ordinances or parts of Ordinances in conflict here-
with are hereby repealed.
Passed by the Council of the City of Caldwell this lst day
of October, 1945.
Approved by the Mayor of the City of Caldwell, this lat
day of October, 19459
ATTEST:
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