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HomeMy WebLinkAboutORD 662BILL NO. _ OHDINARCE WO. SY COUhCILNAh Qjigg9 D&� _ AN ORDINANCE RECITING THE PASSAGE, APPROVAL AND PUBLICATION OF ORDINANCE NO. 607; DETEIR1VIINING THjCi NO OBJECTION TO THE VACATION OF A PORTION OF liCHIGAA VENUE AND 23RD AVENUE IN THE CITY OF CALD- WELL, IDAHO, HAS BEEN MADE OR FILED, AND THAT NO CLAIM OR CLAIMS FOR DAMAGES IHICH UOVLD BE SUSTAINED BY REASON THIREOF HAVE BEEN FIIAD; DETERAIIING THAT THE VACATION OJ SAID PORTIONS OF MICHIGAN AVENUE and 23RD AVENUE IS TO THE BEST INTEREST AND ADVANTAGE OF THE CITY OF CALDIELL AND ITS CIT14ENS AND ITS PROPERTY OWNERS; DETER-h MINING THnT 10 DAMAGES WILL BE SUSTAINED BY MY CITIZEN Of OR rHiiAHTT OwNER IN THE CITY OF CALDiELL, IDAHO, BY REaSIN OF THE VACATIONS OF SAID FORTIQNS OF SAID MICHIGAN AVENUE AND 23RD AVENUE; VACATING SAID FORTIOIS OF SAID MICHIGAN AVENUE kND SAID 23RD AVENUE; KOVIDING THAT THE TITLE TO THE VACATED PORTIONS OF SAID MICHIGAN AVENUE AND SAID 23RD AVENUE SHALL REVERT TO THE OWNER OF THE ADJACENT HEAL EbTATE; REPEALING ALL ORDINANCES OR PARTS OF ORDITANCES IN C004 FLICT HEREnITH; AAD PROVIDING FOR THE PUBLICATION OF THIS ORDINAKC E AND ITS TAKING EFFECT: BE IT ORDAINED AND ESTABLISHED BY THE MAYOR AND COUNCIL OF THE CITY OF CA1,DWELL, IDAHO: SECTION I. That by Ordinance No. 657 passed by the Council and approved by the Mayor of the City of Caldwell, Idaho, on March 4, 1946, and published in the Caldwell hews- 'Tribune, a newspaper pub- lished in said City of Caldwell, in two issues thereof on larch 6 P 1946, and larch it ) 1946, Notice was given to all citizens of and owners of property in the City of Caldwell, Idaho, that an application had been presented to the kayor and Council of the City of Caldwell, Idaho, requesting the passage and approval of an Ordinance vacating those portions of Michigan Avenue and 23rd Avenue in the City of Caldwell, Idaho, particularly described as follows: Beginning at the Southeasterly corner of Block 2 in College Heights Addition to Caldwell, Idaho, as shown on the official Plat thereof on file and of record in the office of the Recorder of Canyon County, Idaho; running thence North along the nest line of Michigan Avenue Mat being the Last line of said Block 2) and continuing on an extension of that line to the point of -1- 0 0 intersection with the Northwesterly line of 23rd Avenue in the City of Caldwell, Idaho; running thence Northeasterly along the .6orthwesterly line of said 23rd Avenue to the point of inter- section with the Southwesterly line of Cleveland Boulevard in the City of Caldwell, Idaho; running thence Southeasterly along the Southviestorly line of Cleveland Boulevard in the City of Cald- vvell, Idaho, to the point of intersection with the Southeasterly line of said 23rd avenue (that being the _.forth corner of said Block 1 of College tiei6hts Addition to Caldwell, Idaho) run- ning thence Southwesterly along the Southeasterly line of said 23rd ivenue (that beinLz the Northwesterly line of said Block 1) to the point of intersection with the vast line of said - J.'Viichigan Avenue; runninS thence South along the 3ast line of said Michi- gan Avenue (that being the ,est line of said Mock 1) to the Southwesterly corner of said Block; running thence Jest to the point of beginning; also beginning at the North corner of Block 3 in College heights Addition to Caldwell, Idaho, as shown on the official Plat thereof on file and of record in the office of the re- corder of Canyon County, Idaho; running thence North to the point of intersection with the ivorthivesterly line of 23rd Avenue in the City of Caldwell, Idaho; running thence South- westerly along the Northwesterly line of said 23rd Avenue to a point due 1' of the _� corner of said Block 3; running thence East to the �.est corner of said Block 3 (that being on the Southeasterly line of said 23rd Avenue); running thence Northeasterly along.the Southeasterly line of said 23rd Avenue (that being the Aorthwesterly line of said Block 3) to the point of beginning. which ordinance provided the manner of making objections thereto and of ascertaining; damages which i.oula be sustaltned by reason of the vacation of said portions of said :Michigan Avenue and 23rd Avenue. SECTION I!. 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 oviner of property in the City of Caldwell, Idaho, will be dama6ed or injured by the vacation of said portions of said iiiichigan. Avenue and 23rd Avenue, 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 portions of said TKichigan avenue and 23rd Avenue be vacated. -2- SECTI III. • BE IT ORDAINED AND ESTABLISHED That the portions of said -ichi-an Avenue and 23rd r" -venue in the City of Caldwell, Idaho, particularly described in erection I hereof, from the after the passage, approval and publication of this Ordinance shall be vacated as platted portions of said Michigan Avenue and 23rd 4venue and shall no longer be deemed parts of those Avenues as streets or thoroughfares in the City of Caldwell, Idaho, and those portions of said riiichigan Avenue and 23rd avenue shall no longer be open for or subject to use by the public; and thereupon the title to said vacated portions of 101 ch.igan avenue and 23rd Avenue shall pass and revert to the College of Idaho, as the owner of all of the adjacent and adjoining real estate, free of the easement or c:edication heretofore existing for public streets thereon. SECTION IV. It appearing that no claim or claims for damages sus- tained by any citizen or citizens of the pity of Caldwell, Idaho, or by any owner or owners of property therein, by reason of the vacation of said portions of said streets have been filed or made, it is hereby determined that no damages will be sustained by the citizens of or owners of property in the City of CaldT -jell, Idaho, by reason of the vacation of said portions of streets. SECTION V. That all ordinances or parts of ordinances in conflict herewith are hereby repealed. Passed by the Council of the City of Caldwell, this 18th day of March, 1946. -3- 0 • Approved by the Mayor of the City of Caldwell, this 18th day of March, 1946. ATTEST: r , Mayor ity Ulerk