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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: R Cur Y o�bc ° "p�aaeeaa�o34 °e 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 N C c 7 n g N O e 3 rn C) � v Cn ; M 9 7rs co rn