HomeMy WebLinkAboutORD 3017 20'15-03707' I
RECORDED
09/22/2015 01:25 PM
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CHRIS YAMAMOTO
BALL NO. 32 CANYON COUNTY RECORDER
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ORDINANCE
ORDINANCE NO. 3017 caLouvELi_ciTV OF
AN ORDINANCE RECITING PETITION FOR VACATION OF GENERAL UTILITY
EASEMENT AND RECITING APPROPRIATE NOTICE WAS GIVEN;
DETERMINING THAT VACATION OF SAID GENERAL UTILITY EASEMENT IN
THE CITY OF CALDWELL, CANYON COUNTY, IDAHO, DESCRIBED BELOW, ,
SHALL BE MADE; AND DETERMINING THAT VACATION OF SAID
FOLLOWING EASEMENT IS IN THE BEST PUBLIC INTEREST FOR THE CITY
OF CALDWELL, CANYON COUNTY, IDAHO.
This General Utility Easement vacation is for vacation of a 16' wide public utility easement by
TACOMA SCREW, INC. This request is made to create a sufficient building envelope.
The utility easement being vacated is a 16-foot wide utility easement through a part of Block 1 of
Industrial Site Addition Number Two located in the SE 'AN W 1/4 of Section 21, Township 4 North,
Range 3 West,Boise Meridian, Canyon County,Idaho and is further described as follows:
Vacation of the 16-foot wide utility easement being centered on the property lines common to Lots 1-3
and Lots 10-12 of Block 1, Industrial Site Addition Number Two as shown on the plat thereof in the
Office of the Recorder, Canyon County, Idaho in Book 6 of Plats at Page 11.
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 utilities in accordance with Section 50-
1306A,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
easement located in Caldwell, Canyon County, Idaho.
Section 2. That said easements coo 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 S. This vacation is subject to the following precedent conditions:
a. That all existing utility lines and utility sezvices 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 granted for any such Utility lines or utility services subject to the same.
b. PETITIONER shall incur all cost related to said vacation.
Section 3. That it is hereby determined it is in the lest interest of the public that the above-
described easements in the City of Caldwell, Canyon Counter, Idaho be vacated.
Section 4. This resolution shall be in full farce and effect from and after its passage and
publication according to law.
PASSED BY THE COUNCIL of the City of Caldwell, Idaho, this 21" day of September 2015.
APPROVED BY THE MAYOR of the City of Caldwell, Idaho,this 2l" day of September,
2015.
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ATTEST:
City Clerk
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MEMORANDUM
TO: Mayor Nancolas and Members of Council
FROM: Brent Orton, City Engineer
RE: Vacation of General Utility Easements
10 Simplot Blvd., Tacoma.Screws, Inc.
DATE: September 21, 2015
Request: Approve ordinance of vacation
Mr. John Wolfe, representing Tacoma Screws, Inc., has petitioned the City to vacate a 16-foot wide
utility casement through a part of Sleek 1 of Industrial Site Addition Dumber Two located in the SE /4
NW 1/4of 1/4o Section 21, Township 4 North, Range 3 West, Boise Meridian, Canyon County, Idaho. This
request is made to create a sufficient building envelope.
Statutory notice has been given to all utilities in accordance with Section 50-1306A. Idaho Code.
Public utilities were notified and have no objections to the General Utility Easement vacation.
Attached for consideration of City Council is a proposed ordinance which, if approved, would vacate
the easement listen above in accordance with the applicant's request. The applicant would like this
request to be passed on the First reading.
It is the recommendation of the Engineering Department that Council approve the Ordinance as
submitted.