HomeMy WebLinkAboutORD 1626(A)BILL NO. 14
ORDINANCE NO. 1626
AN ORDINANCE RECITING PETITION FOR VACATION AND RECITING APPROPRIATE
NOTICE THEREFOR WAS GIVEN, DETERMINING THAT VACATION OF THE FOLLOW-
ING DESCRIBED REAL PROPERTY SHALL BE MADE, TO -WIT:
That portion of Omaha Street lying between N. 3rd Avenue and
N. Illinois Avenue as shown on the official plat of Golden
Gate Addition to Caldwell, Idaho, on file and of record in
the office of the Recorder of Canyon County, Idaho, more par-
ticularly described as follows:
BEGINNING at the West corner of Block 86 of said Golden Gate
Addition; thence Southeasterly along the Southwesterly boundary
of Block 66 to the South corner of said Block 86; thence South
along the East boundary extended of said Block 86 to its point
of intersection with the Northeasterly boundary of Block 75 of
said Golden Gate Addition; thence Northwesterly along the North-
easterly boundary of Block 75 to the North corner of said Block
75; thence Northeasterly along the Northwesterly line extended
of said Block 75 to the POINT OF BEGINNING;
AND THAT SAID VACATION IS IN THE BEST PUBLIC INTEREST FOR THE CITY
OF CALDWELL, IDAHO;
BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE CITY OF CALD-
WELL, IDAHO:
Section 1. That by a Motion passed and approved by the Mayor
of the City of Caldwell, Idaho, on the 24th of June, 1982, and sta-
tutory notice having been given to citizens and owners of property
in the City of Caldwell, Idaho, 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
real property located in Caldwell, Canyon County, Idaho, subject to
the reservations of all utility companies and all existing easement
rights in the area comprising easement rights for sewer lines, water
lines, power lines, telephone lines and gas lines as presently located
thereon or therein, with the further reservation to the City of Cald-
well, if applicable, and all utility companies with easement rights
in the area comprising said easement rights for access to and from
said area to maintain, repair or replace the present existing sewer,
water, power, telephone and gas lines as presently located thereon
or therein.
ORDINANCE - i
LJ
Section 2. That it is hereby determined that it is in the best
public interest that the above - described premises in the City of
Caldwell, Canyon County, Idaho, be vacated, subject to existing ease-
ment rights and further easement rights as hereinabove set forth.
Section 3. Be it ordained and established that the above -des-
cribed premises in the City of Caldwell, Canyon County, Idaho, shall
be vacated and shall no longer be open or subject to the use of the
public and thereupon title to said premises in the City of Caldwell,
Canyon County, Idaho, above - described, shall pass and revert to the
persons dedicating the same or their successors, heirs and assigns,
subject to existing easements in the area comprising easements for
sewer lines, water lines, power lines, telephone lines and gas lines
as presently located thereon or therein, with the further reservation
to all utility companies with easement rights in the area for access
to and from said area to maintain, repair or replace the present
existing sewer, water, power, telephone and gas lines as presently
located thereon or therein, with the further reservation to all
utility companies with easement rights in the area for access to and
from said area to maintain, repair or replace the present existing
sewer, water, power, telephone and gas lines as presently located
thereon or therein. The above- described premises shall be vacated
and shall pass and revert to the persons dedicating the same, or
their successors, heirs and assigns in the manner in which they were
so dedicated.
PASSED BY THE COUNCIL of the City of Caldwell this 13th day
of July , 1982.
APPROVED BY THE MAYOR of the City of Caldwell this 13th day
of July , 1982.
ATTEST:
City Clerk
ORDINANCE - 2
RESOLUTION NO. 1 Vf <
A RESOLUTION BY THE CITY OF CALDWELL, IDAHO ACKNOWLEDGING THE
ACCEPTANCE OF THAT CERTAIN ORDINANCE NUMBER 1626 APPROVED BY COUNCIL
IN 1982 VACATING THE PORTION OF OMAHA STREET BETWEEN NORTH 3' AVENUE
AND NORTH ILLINOIS AVENUE.
Be it Resolved that the City of Caldwell, Idaho hereby acknowledges the approval of Ordinance 1626
from 1982 that vacated the portion of Omaha Street between North P Avenue and North Illinois
Avenue.
The City Clerk of the City of Caldwell is hereby directed to record the previously approved
"ORDINANCE NO. 1626" described above.
PASSED BY THE COUNCIL of the City of Caldwell, Idaho, this day of November, 2011.
APPROVED BY THE MAYOR of the City of Caldwell, Idaho, this day of November, 2011.
Approved By:
Attest:
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MEMORANDUM
TO: Mayor Nancolas and Members of Council
FROM: Dave Marston, Mapping Department
RE: Acknowledge acceptance of Ordinance No. 1626 vacating a portion of Omaha
Street
DATE: November 16, 2011
RE: Acknowledge acceptance of Ordinance No. 1626 vacating a portion of Omaha Street.
It has been discovered that Ordinance No. 1626, duly approved and accepted by the Mayor and
City Council of Caldwell on July 13, 1982, was never recorded. This ordinance approved the
vacation of the portion of Omaha Street between North P Avenue and North Illinois Avenue.
Although not listed °as "requirements of Ordinance 1626, the property owners have agreed to
provide: (1) an easement for an existing storm drain line within the above - described portion of
Omaha Street; and (2) a portion of land to be dedicated as right -of -way at the intersection of the
southeasterly right -of -way boundary line of North 3` Avenue and the assumed westerly boundary
of North Illinois Avenue.
A copy of the ordinance vacating that certain portion of Omaha Street is attached:
1. Approved Ordinance No. 1626:
This ordinance approved the vacation of that certain portion of Omaha Street between
North P Avenue and North Illinois Avenue.
It is the recommendation of the Mapping Department that Council acknowledge the previously
approved vacation ordinance as submitted and authorize the City Clerk to have it recorded.
Attachments
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