HomeMy WebLinkAboutORD 2930BILL NO.9
ORDINANCE NO.2930
AN ORDINANCE RECITING PETITION FOR VACATION AND RECITING
APPROPRIATE NOTICE WAS GIVEN OF PUBLIC HEARING;
DETERMINING THAT VACATION OF SAID PUBLIC RIGHTS-OF-WAY IN
THE CITY OF CALDWELL,CANYON COUNTY,IDAHO,DESCRIBED
BELOW,SHALL BE MADE;AND DETERMINING THAT VACATION OF
SAID FOLLOWING RIGHTS-OF-WAY ARE IN THE BEST PUBLIC
INTEREST FOR THE CITY OF CALDWELL,CANYON COUNTY,IDAHO.
This ordinance vacates that portion of Public Right of Way on a portion of the N.7lh Avenue
located in the Northeast 14 of the Southwest V*of Section 22,Township 4 North,Range 3 West
of the Boise Meridian,Canyon County,Idaho;
Section 1.That by a motion passed by the Council and approved by the Mayor of the
City of Caldwell,Idaho,and statutory notice having been given to all adjacent property owners
and published in the official newspaper of the City,in accordance with Section 50-1306A and
Section 50-1321,Idaho Code,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 right-of-way located in Caldwell,Canyon County,Idaho,and a public hearing held by
the Council;
Section 2.That Council finds the owners of all properties abutting right-of-way vacated
by this action,and consenting in writing to the same,have access to their property from some
other public street,public right-of-way or private road;
Section 3.That said rights-of-way do not contain public or private utility lines that
cannot feasibly be relocated or retained through the establishment of appropriate easements,
which are to be created and recorded by separate instruments.
Section 4.This vacation is subject to the following precedent conditions:
a.That all existing utility lines and utility services,including a city water main,shall be
relocated upon such terms and to such locations as approved by the Caldwell City
Engineer and all affected utility companies or appropriate easements be granted for any
such utility lines or utility services subject to the same.
b.PETITIONER shall incur all cost related to said vacation.
c.PETITIONER has provided,by separate instrument,a signed agreement with the abutting
property owners agreeing to the vacation.
Section 5.That it is hereby determined that vacation of the street Right-of-way described
in the attached Exhibit "A"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.
Section 7.Be it ordained and established that the above-described premises in the City of
Caldwell.Canyon,County.Idaho,upon vacation shall pass and revert to Darigold.Inc.and
Family Services Counseling Center.
PASSED BY THE COUNCIL of the City of Caldwell,Idaho,this [tJti day ofCWvX..2013.'
APPROVED BY THE MAYOR of the City of Caldwell.Idaho,this \j^/day of
j\,2013.'
Mayor
Jd .City Clerk
EXHIBIT "A"
Legal description for the N.71'1 Ave.Vacation
A portion of the N.71h Avenue right-of-way to be vacated located in the Northeast V*of the Southwest Va
of Section 22,Township 4 North,Range 3 West of the Boise Meridian,Canyon County.Idaho,more
particularly described as follows:
BEGINNING at the North comer of Block 90,Revised Mapof Caldwell,according to plat thereof filed
in Book 1 of Plats at Page 20,records of Canyon County,Idaho; thence
Northwesterly 80.00 feet along the extended line of the Northeast boundary of said Block 90 to the East
corner of Block 9!of said Revised Map of Caldwell;thence
Southwesterly 150 feet,more or less,along the Southeast line of said Block 91 to the South comer of said
Block 91;thence
Southeasterly 80.00 feet along the extended line of the Southwest boundary of said Block 91 to the West
corner of said Block 90;thence
Northeasterly 150.00 feet,more or less,along the Northwest line of said Block 90 to the POINT OF
BEGINNING.
The above parcel contains 0.28 acres,more or less.
Darigold Caldwell
Thursday,January 24,2013
11:41AM
*^r \j
Page
MEMORANDUM
TO:Mayor Nancolas and Members of Council
FROM:Brent Orton, City Engineer
Tamera Frans,Administrative Assistant
RE:Vacation of Right-of-Way
Request by Ron Van Auker on behalf of Darigold,Inc.
DATE:April 1,2013
Request:Vacation of public right-of-way,Ron Van Auker on behalf of Darigold,Inc.
:Waive three-reading requirement
:Hold Public Hearing
A request by Ron Van Auker,of Vanauker Companies,on behalf of Darigold.Inc.to vacate
Public Right of Way on a portion of the N.7lh Avenue located in the Northeast lA of the
Southwest lA of Section 22,Township 4 North,Range 3 West of the Boise Meridian,Canyon
County,Idaho,and is delineated on the attached map.
The above described right-of-way has been unopened for a period exceeding five years.The
request is made to facilitate the expansion of existing Darigold Plant.The expansion will
increase the tax base and provide future employment opportunities for the public.
Property owners adjacent to the requested vacated right-of-way have been notified of the
vacation and publication of this hearing has occurred as required by law.Public utilities were
also notified to the right-of-way vacation.The proposed vacation does not create any landlocked
parcels.
Attached for consideration of City Council is a proposed ordinance which,if approved,would
vacate the right-of-way listed above in accordance with the applicant's request.The applicant
would like this request to be passed on the first reading.
The following exhibit is provided with this memo:
1.Site map showing location of right-of-way being vacated.
It is the recommendation of the Engineering Department that Council approve this vacation.
2013-014309
RECORDED
04/03/2013 09:51 AM
0003513720130014So900500S3
CHRIS YAMAMOTO
CANYON COUNTY RECORDER
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ORDINANCE
CALDWELLCITYOF