HomeMy WebLinkAboutCode Enforcement BILL NO. 14
ORDINANCE NO. 2274
AN ORDINANCE RECITING PETITION FOR VACATION AND
RECITING APPROPRIATE NOTICE WAS GIVEN;DETERMINING
THAT VACATION OF SAID PUBLIC RIGHT-OF-WAY IN THE CITY OF
CALDWELL, CANYON COUNTY, IDAHO, DESCRIBED BELOW,
SHALL BE MADE; DETERMINING THAT VACATION OF SAID
FOLLOWING PROPERTY IS IN THE BEST PUBLIC INTEREST; AND
PROVIDING FOR AN EFFECTIVE DATE.
Vacation of the full right-of-way of Wolfe Street between Graye Lane and Union
Pacific Railroad right-of-way; as recorded in Happy Day Business Center, filed in
Book 17 ofPlats, Page 45, records of the Canyon County Recorders Office; lying in
the east 'h of Section 1, Township 3 North, Range 3 West, Boise Meridian, Canyon
County,Idaho; not including the intersection right-of-way of Graye Lane and Wolfe
Street
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 the citizens and
owners of property in the City of Caldwell, Idaho, 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 real property located in Caldwell, Canyon County, Idaho.
Section 2. That a petition to vacate was submitted and that all affected easement
holders have been notified of the petition to vacate by certified mail, return receipt requested
and have agreed to same in writing.
Section 3. That a Public Hearing was held on November 16, 1998, by the City
Council and no objection to said vacation was heard, or that objections were heard, fully
considered and passed by said Council.
Section 4. That said right-of-way does 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 5. That it is hereby determined it is in the best interest of the public that the
above-described premises in the City of Caldwell, Canyon County, Idaho be vacated,
subject to the following terms and conditions:
A. Prior to the recordation of the vacation,the applicant is to provide a twenty-
'" seven foot(27')wide easement to accommodate water, sewer and other public
utilities along Wolfe Street subject to the review and approval of the City
Engineer,
B. Prior to the recordation of the vacation,the applicant is to provide ten-foot(10')
wide utility and drainage easements within the vacated right-of-way and fronting
the right-of-way for Graye Lane and the Union Pacific Railroad.
C. Prior to the recordation of the vacation, the applicant is to provide and record a
lot line adjustment to Lots 43 and 44, Block 5,Happy Day Business Center such
that both lots front on the right-of-way of Graye Lane.
Section 6.Be it ordained and established that the above-described 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 in the manner in which
they were so dedicated.
Section 7. This ordinance shall be in full force and effect from and after its passage
and publication according to law.
PASSED BY THE COUNCIL of the City of Caldwell, Idaho, this is tday of
March , 1999.
APPROVED BY TEE MAYOR of the City of Caldwell, Idaho,this is tday of
March , 1999.
6-V1.41 '61A4A-6,5414--
Mayor
ATTEST:
k - City Clerk
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BILL NO. 45
ORDINANCE NO. 1881
AN ORDINANCE RECITING PETITION FOR VACATION AND RECITING
APPROPRIATE NOTICE WAS GIVEN; DETERMINING THAT VACATION OF
SAID PUBLIC RIGHT-OF-WAY IN THE CITY OF CALDWELL, CANYON
COUNTY, IDAHO, DESCRIBED BELOW, SHALL BE MADE; AND
DETERMINING THAT VACATION OF SAID FOLLOWING PROPERTY IS IN
THE BEST PUBLIC INTEREST FOR THE CITY OF CALDWELL, CANYON
COUNTY, IDAHO.
Vacation of the full right-of-way of Wolfe Street
between Timbre Drive and Graye Lane; and vacation of the
full right-of-way of Timbre Drive between Wolfe Street
and Happy Day Boulevard; and including full intersection
right-of-way of Timbre Drive and Wolfe Street.
Said property being more particularly described as follows:
A tract of land being a portion of the Northeast 1/4 of
Section 1, Township 3 North, Range 3 West, Boise Meridian,
Canyon County, Idaho, described as follows:
Commencing at a found brass cap marking the Southeast corner
of the Southeast 1/4 of said Section 1; thence along the
Easterly line of the said Southeast 1/4 North 004' -25'-53"
East a distance of 2657.00 feet to the Northeast corner of
the said Southeast 1/4, said point being a lead plug and tack
in the concrete curb; thence North 59°-50'12" West a distance
of 809.95 feet to a found 5/8 inch steel pin marking the
Westerly corner of Lot 39, Block 2 of Happy Day Business
Center, (a subdivision recorded under Instrument No. 889019,
Records of Canyon County); thence along the northwesterly
line of said Lot 39, North 43°-41'-00" East 409.54 feet to a
found 5/8 inch steel pin marking the Northerly corner of said
Lot 39, said pin also being the POINT OF BEGINNING.
Thence North 46°-19'-00" West a distance of 163.31 feet along
the Southwesterly right-of-way line of Timbre Drive to a
found 5/8 inch steel pin. Thence continuing along said
Southwesterly right-of-way line, North 39°-20'-48" West, a
distance of 90.67 feet to a found 5/8 inch steel pin on the
Northwesterly right-of-way of Wolfe Street; thence along the
said Northwesterly right-of-way, North 43° -41"-00" East a
distance of 299.00 feet to a point of curvature; thence along
the arc of a circular curve to the left, said curve having a
central angle of 90°-00'-00", a radius of 20.00 feet, a chord
bearing of North 01°-19'-00" West, a chord distance of 28.28
feet to a point on the Southwesterly right-of-way of Graye
Lane; thence South 46°-19'00" East a distance of 110.00 feet
along the said Southwesterly right-of-way of Graye Lane to a
point of curvature; thence along the arc of a circular curve
to the left, said curve having a central angle of 906-00'00",
a radius of 20.00 feet, a chord bearing of South 88`'-41'-00"
West, a chord distance of 28.28 feet to a point on the
Southeasterly right-of-way of Wolfe Street; South 43°'-41'-00"
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circular curve to the left, said curve having a central angle
of 90"-00'-00", a radius of 20.00 feet, a chord bearing of
North 01°-19'-00" West, a chord distance of 28.28 feet to a
point on the Southwesterly right-of-way of Timbre Drive;
thence along the said Southwesterly right-of-way of Timbre
Drive, North 46°-19'-00" West a distance of 376.69 feet to
the POINT OF BEGINNING.
The above described tract of land contains 1.19 acres, more
or less, subject to all existing easements and rights-of-way.
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 citizens and owners of
property inthe City of Caldwell, Idaho, 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 real property located in Caldwell, Canyon
County, Idaho.
Section 2. That a Public Hearing was held on November 5,
1990, by the City Council and no objection to said vacation was
heard.
Section 3. That said right-of-way contains no 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. That it is hereby determined it is in the best
interest of the public that the above described premises in the
City of Caldwell, Canyon County, Idaho be vacated, subject to the
following terms and conditions:
A. That prior to the recordation of the vacation, the
applicant shall perform the following subject to the
review and approval of the City Engineer:
1 . Provide a twenty foot ( 20' ) wide utility easement
along west property boundary between Graye Lane and
Cleveland Boulevard to accommodate water line
extension;
2. Extend utility easement along south side of Timbre
Drive to the west property line to accommodate
irrigation line and ditch which is to vary in width
from twenty feet (20' ) to forty feet (40' ) .
3. Identify, prepare, and record easements for other
utilities, in particular where Happy Day Boulevard
intersects with Timbre Drive.
4. Improve connection between Laster Lane and Graye Lane
to provide "temporary" second point of access to the
subdivision for emergency vehicles. Improvements
could be in the form of a twenty foot ( 20' ) wide all
weather surface road connecting the two streets.
Section 5. Be it ordained and established that the above
described premises in the City of CaldwA]_ 1 _ ranvnn fnnni-v Tamhr,