HomeMy WebLinkAboutORD 2912_
BILL NO. 11
ORDINANCE NO. 2912
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AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CALDWELL, IDAHO,
VACATING A PORTION OF AN EASEMENT FOR A MAIN OR LATERAL SEWER LINE;
RECITING THAT APPROPRIATE NOTICE WAS GIVEN OF PUBLIC HEARING;
DETERMINING THAT VACATION OF SAID EASEMENT BE IN THE BEST INTEREST OF
THE CITY OF CALDWELL AND THAT SAID EASEMENT SHALL BE VACATED;
PROVIDING AN EFFECTIVE DATE.
BE IT ORDAINED, BY THE MAYOR AND CITY COUNCIL OF THE CITY OF CALDWELL,
COUNTY OF CANYON, STATE OF IDAHO:
Section 1. That by a motion passed by the Council and approved by the Mayor of the City of Caldwell,
Idaho, and proper notice having been given of these proceedings to adjoining property owners and
published in the official newspaper of the City, and a public hearing having been held by the Council, all
in accordance with the requirements of Idaho Code §§ 50 -1325 and 50 -311 and other law, requesting
passage and approval of an ordinance vacating the easement described below located in Caldwell, Canyon
County, Idaho:
This legal description is for the vacation of a portion of an easement dated January 25, 1956, and recorded
on April 4, 1957, in the office of the Canyon County Recorder, Canyon County, Idaho, as Instrument No.
442933, being a portion of the SW '/4 of the NE' /4 of Section 21, Township 4 North, Range 3 West, Boise
Meridian, Canyon County, Idaho, the portion to be vacated being more particularly described as follows:
An easement extending 15 feet on each side of the following described centerlines:
BEGINNING at a point on the north boundary of the SW '/4 of the NE '/4 of Section 21, being 974 feet
more or less, east of the NW corner of said SW '/4 of the NE' /4 of Section 21; thence South 39 °10' West a
distance of 518.89 feet, more or less, to a point on the north right -of -way boundary of Summers Street, as
shown on the plat of G & S Industrial Tract recorded in Canyon County, Idaho, as Instrument No.
762345, said point being the POINT OF TERMINATION.
ALSO
COMMENCING at a point on the east boundary of the SW '/4 of the NE '/4 of Section 21 being 475 feet
south of the NE corner of said SW '/4 of the NE ' / 4 of Section 21; thence North 77 °48' West a distance of
343.79 feet, more or less, to a point on the north right -of -way boundary of Summers Street, as shown on
the plat of G & S Industrial Tract recorded in Canyon County, Idaho, as Instrument No. 762345, said
point being the POINT OF BEGINNING; thence continuing North 77 °48' West a distance of 305.21
feet, more or less, to the POINT OF TERMINATION.
The intent of this vacation is to vacate those portions of the easement described in Instrument No. 442933
lying within Lots 2 through 6 inclusive of Block 1, G & S Industrial Tract, but NOT to vacate any portion
of that certain easement described in Instrument No. 200369037 recorded in Canyon County, Idaho, nor
PAGE —1
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any portion of the easements shown on said plat of G & S Industrial Tract. A visual depiction of the
portion of the easement being vacated is attached hereto and marked as Exhibit "A."
Section 2. That the Council finds the easement vacated by this instrument is no longer being used nor
will again be needed by the public;
Section 3. That the Council finds the owners of all properties abutting the easement vacated by this
instrument have been properly notified of this action and have consented thereto or failed to object;
Section 4. That no rights of any third parties, other than the City of Caldwell, will be affected by the
easement vacation;
Section 5. That the Council finds it to be in the best interest of the public that the portion of the above -
described easement in the City of Caldwell, Canyon County, Idaho, be vacated;
Section 6. This ordinance shall be in full force and effect from and after its passage and publication
according to law and compliance with all conditions prescribed herein.
PASSED BY THE COUNCIL OF THE CITY OF CALDWELL, IDAHO, this 2' day of July, 2012.
APPROVED BY THE MAYOR OF THE CITY OF CALDWELL, IDAHO, this 2 nd day of July,
2012.
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Mayor Garret L. Nancolas
ATTEST:
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ORDINANCES OF THE CITY OF CALDWELL
NOTICE OF ADOPTION AND SUMMARY OF
ORDINANCE NO. 2912
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CALDWELL, IDAHO,
VACATING A PORTION OF AN EASEMENT FOR A MAIN OR LATERAL SEWER LINE;
RECITING THAT APPROPRIATE NOTICE WAS GIVEN OF PUBLIC HEARING;
DETERMINING THAT VACATION OF SAID EASEMENT BE IN THE BEST INTEREST OF
THE CITY OF CALDWELL AND THAT SAID EASEMENT SHALL BE VACATED;
PROVIDING AN EFFECTIVE DATE.
Section 1: Provides that the Caldwell City Council has, following proper notice, approved the vacation of
an easement located in Caldwell, Canyon County, Idaho, more particularly described as follows:
This legal description is for the vacation of a portion of an easement dated January 25, 1956, and recorded
on April 4, 1957, in the office of the Canyon County Recorder, Canyon County, Idaho, as Instrument No.
442933, being a portion of the SW '/4 of the NE ' / 4 of Section 21, Township 4 North, Range 3 West, Boise
Meridian, Canyon County, Idaho, the portion to be vacated being more particularly described as follows:
An easement extending 15 feet on each side of the following described centerlines:
BEGINNING at a point on the north boundary of the SW '/4 of the NE ' / 4 of Section 21, being 974 feet
more or less, east of the NW corner of said SW '/4 of the NE' /4 of Section 21; thence South 39 °10' West a
distance of 518.89 feet, more or less, to a point on the north right -of -way boundary of Summers Street, as
shown on the plat of G & S Industrial Tract recorded in Canyon County, Idaho, as Instrument No.
762345, said point being the POINT OF TERMINATION.
ALSO
COMMENCING at a point on the east boundary of the SW '/4 of the NE ' / 4 of Section 21 being 475 feet
south of the NE corner of said SW %4 of the NE '/4 of Section 21; thence North 77 °48' West a distance of
343.79 feet, more or less, to a point on the north right -of -way boundary of Summers Street, as shown on
the plat of G & S Industrial Tract recorded in Canyon County, Idaho, as Instrument No. 762345, said
point being the POINT OF BEGINNING; thence continuing North 77 0 48' West a distance of 305.21
feet, more or less, to the POINT OF TERMINATION.
Sections 2 through 6: Provides that the council found the easement to no longer be needed by the
public, that all adjoining property owners had been notified, that no rights of any third parties, other than
the City of Caldwell, will be affected by the vacation, that the council found the vacation to be in the best
interests of the public, and providing that this ordinance shall be in full force and effect from and after its
passage, approval, and publication.
Ordinance No. 2912 provides an effective date, which shall be when published in the Idaho Press Tribune
on the 9 th day of July, 2012. Ordinance No. 2912 was passed by the Council and approved by the Mayor
on the 2 nd day of July, 2012. The full text of the Ordinance is available at Caldwell City Hall, 411 Blaine
Street, Caldwell, Idaho 83605. The Mayor and City Council approved the foregoing summary on the 2 °a
day of July, 2012, for publication on the 9' day of July, 2012, pursuant to Idaho Code § 50 -901 A.
Mayor Garret L. Nancolas
ATTEST: Debbie Geyer, City Clerk
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STATEMENT OF LEGAL ADVISOR
I have reviewed the foregoing summary and believe
that it provides a true and complete summary of Ordinance
No. 2912 and provides adequate notice to the public as to
the contents of such ordinance.
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DATED this 2 "d day of July, 201
Mark Hilty, Attorney for Qy of