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Home My WebLink AboutORD 3009 .......... BILI.,, NO. 24 O.RDINANCE NO. 3009 L ""O"R. VACA."riON" OF G1L."d.N1JkAL N LJTII..,,ITY AORDINANCE RET11"ING" PE ON 1 -4 , IrInj .EASEMEN'T AND R.F"(7' N"(3, APP,R0PR_IX1`E N0JICE WAS GWEN; rrfj D'F _JRMINING, All VACA.1"JON OF SAID (`_F_jNf'J"R.AI... U"I.-JUTY EAS,EM-'F–.,,,, IN 1`14E (`A1.,,DW'E1...,,,L, CANYON COI.JNTY, IDAHO, DESCRI''BED AS 1317i,LOW, StIAL.L., BE MADE- AND DEJ`FRMINI'N'(' "111. rF VACATION OF SAID BES"'I"' PIJBI....,IC 1NrFEf-?,F_",ST FOR. rl"I II`.'...i FOL.LOWING, EASEMEN ARE IN"I"'t- j .I-11y OF CALDWELLJ, CANYON COUN r,I"Y5 IDAHO. A request by, Nortliside Mana,gefner,it fior vacation ofthe ten 't"Oot,wide pu.blic easement centered on.the lot finebetween Lots 30 and 3 1, Block 3, Canyon View EstateS Sllbdivisi.011,, as saine in, Book 39 of Plats at Page 23,, records of Canyon COL1,11ty, Idatio. 'Fhe requ,est Is mc,,lde to correct an,easen.,ient encroachment ofttlel,iome at 13667 Slate Stone Way, Caldwell, Waho built M said easement,rendering th.e property "tin-financeable". Sectiori 1. That by a motion passed by tl"ie C,"OL11161 and approved,by the M,ayor of the City of Caldwell, Idaho,ai�'id stalLitory notice having beeti given to,all property ownerswithin, three hundred(300) I`eet and ptiblished in t"he official riewspaper a, City, in accordaiiee with Section 50-1306A, Idaho Code, ft,'It an �ing applicat'lon has beet'i, presented to ttw Mayortand COL11101 of flie City of C(aldwell, Idaho, requie""sit" passage and approval of aii orditiatice vacating the above de �ribed easements located in Caldwell, C',7at'iyon Count,y, Idaho. 6 Sectloi,-i 2. That said ease 1,-n ents donOt C0110,111 pUblic or private Utility lines t1lat cannotfeasibly, be reloca,ted or retained through to establishment ofa,ppropriate easetnents, which are to be created and recorded by separate instri,it'nents. Section 3. Thart, it is hereby d etertii i tied it is in the best interest of the PLIblic th,a-t the above-described easernents in the City of(."a,ldwell, (""'anyon County, Jdaho be va,cat . Section 4. "I"hiS I-CSOILItiot'i shall be in full force and effiect from a:nd afiler its passage and ptiblicatioll acco to law. PASSED BY THE CO[JNCIL offfie(",ity ofc,"Cildwell', Idal-io.,1:11is.200,day Of.ftll 2015. "Ity 01 AVI ROVED BYTIJE MAYOR of the C1 Idaho,this 20d") day o'll.luly,.p .......... ...... A"I"TEST.- mt,-Iyor 20151-0286912 % v Cit ("let z RECORDED 1k 0,61 0 07/28/20,115 11 c toM z .10 imp 00'180,1176201500�2869200600167 10 % 40, CHRIS YAMAMOTO 80 CANYON COUN�TY RECORDER! Pgs=6 EHOWELL NO FEE ORDNANCE CALDWELL CITY OF x Oft 6Nw a� ,gip r�G lap, m101., MEMORANDUM TO: Mayor"Nicincolaszind Menibers of CouncH .000 FR.OMO- Brent Orton, w y Engineer `l`i,t,m.rnY Frans, RWD Secretary REQ- Vacation of(je,nenal Utility, E4.Casei,nents 13667 Slate Stone Way DA'I"IE: July 20,201 5 Request-. Public Hearing Approve Ordinance of Vacation ,North.side Managnient for vacat"loill of ten footwlde pi.iblic easetnent centered on the lot line between Lots 30 and 31, Block 3, Canyon'View Estates Subdivisl'on, as sanie in Book 39 of Plats at Page 23, records of Canyon County', Idaho. Plroperty owners within 30O 4"eet ofthe vacated right-of-way have been notified of the vacation and publicatlon of this hearing has occurred,as required by law'. Public utilitws were also notified,and have no objectionsto the General1ftlilify Easement vacation. The requeus t is,madeto, correct ari, easernent encroccichment ofthe h.orne at 13667 Slate Stone Way', ("aldwiell, i j, i I I -y un I I I'daho bu*lt *n said easement retiderh g the propert -fi ianceable ,Attached for consideration ol'City �p oti pct.l is a proposed, ordincance, which if a proved, would vacate P the easements listed above in accordance wi''t1i thecapplicant's request. The applicant would, like thIs 4 requ,est,tobe passed on, the first reading. It 'is tlie recommendat ofthe Engineering Departnient that, COL11161 approve the Ordinance as SUbi'nitted. LEGAL NOTICE IS HEREBY GIVEN that the Caldwell City Council will conduct a public hearing in the Caldwell Police Station, 110 So. 5th Ave., Caldwell, Idaho, Monday, July 20,2015 at 7:00 p.m. to hear the following: A request by Northside Managment for vacation of the ten foot wide public easement centered on the lot line between Lots 30 and 31, Block 3, Canyon View Estates Subdivision, as same in Book 39 of Plats at Page 23, records of Canyon County, Idaho. The request is made to correct an easement encroachment of the home at 13 667 Slate Stone Way, Caldwell, Idaho built in said easement rendering the property "un- f nanceable". Files and exhibits are on file in the Public Works Director Office at Caldwell Community Development Building and are available to review any time between 8:00 a.m. and 5:00 p.m. Monday through Friday. If you need further information,please call Tammy Frans at 455-4734 Publish July 6, 13, 2015 IN FAVOR, (INSUPPORT) SIGN-UP SHEET � ,�IY��9NS for �o�� a j�� the �i�p�� li,� �mm „ IIIIIIII��,�VIIIIIIII ail u�� easement ill IIlIum� i w�IIIIII i � line i��oq. a� "'��,Ih uu:. oo I I m I�IU "�wuIVI� Ic: e mr� Ii '..e between L.ots V &i III d ,I k ' p . 1 , m ai s w IN lIV u � , request � s I loi u:r i a p i 4i olif Iii 1 pu HIV 11366 Slate Stone permitted Way No person shall be ll l until recognized by the Mayor., All persons speaking shall' speak in Such a manner as will assure that the recorded testimony or remarks will be accurate and W li i commencement I [ Il qUasi-ju ired by law to make findings of fact, each speaker, �mus,t swea,r or affir,m that his testimony will be true and coirrect. Any person refusing to comply with it ILA be pirohibited from speaking during the �hearing., PRINTED NAMEJ i : M:: m �� ' t-)10 OPPOSITION (AGAININ'S' T) SIGN-UP SHEET Request s t fo -� IN �i�c n of thie Wi floot iilii bfic easement ceI WI it e d i�o�n the t lihnie, b s 30 &i ' a � o ri i e"I f Estates I i lhi r a i . "I"he e request i s correct: art easemierit encroachment I W, I e 13667 l � I I 01 waiv No person shall be permitted to speak before the City Council at a Pubilic Hearing until recognized by the l Mayor. All persons speaking shall speak in such manna er as will assure that the recorded testimony or remarks loll' be aCC r and r t rrthy., At the commencement of the, hearing, the ncil shall 11 lsh a time limit to be observe y all speakers. When the public Hearing is quasi-judicial In nature or one after which the City Council is required by law to make findings of fact, each speaker must swear, or affirm, that his testimony will be true and correct. Any person refusung to comply with the rules will be prohibited from speaking during the hearing. PRINTED,NAME ADDRESS QUESTION'S S,IGN-UP SHEET public� ciu M Request �� i °° �' ! �iN� N�� '" VIII � � easement�� o�� °�N� 11111��"� request between Lots 30 arid ,1 Block h i ' i� Estates ) i' � a i an, easiernent Wig r p I lu e i. i, at Up" State Stone Way No ire s,hall be permitted speak before the, gut �ouncil at a Public Hearing until recognized by the Mayor. All persons speaking shall speak in such a, manner as will a,ss,ure that recorded testimony or remarks wi�ll be accurate and trustworthy. At the commencement o f'the hearing, the Council shall establish a � i limit, to be observed by all p k r� . n the public Hearing is quasi-judicial in nature or one after which the City, Council is required lawto make findings of fact, each speaker must swear or ffirm 'that his will b true a correct, Any' refusing l with the r �l ill prohibited from � dUni�n ran � hearing. . T ADDRESS