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Home My WebLink AboutORD 3096 2017-019950 RECORDED 05/18/2017 11:14 AM 1111111 lIflhl IIIIIIIIII III 11111 II IIII BILL NO. 15 00300142201700199500050056 raga(aa4 .� 6-ovot t CHRIS YAMAMOTO 11'a'4r /CAIC Y ORDINANCE NO. 3096 CANYON COUNTY RECORDER L � Pgs=5 MBROWN NO FEE 60 (4U44 (I'M de I'k4ts- 11jsf. . - dtORDINANCEY OF CALDWELL AN ORDINANCE RECITING PETITION FOR VACATION AND RECITING APPROPRIATE NOTICE WAS GIVEN TO PUBLIC UTILITIES; DETERMINING THAT VACATION OF SAID EASEMENT IN THE CITY OF CALDWELL, CANYON COUNTY, IDAHO, DESCRIBED BELOW, SHALL BE MADE; AND DETERMINING THAT VACATION OF SAID FOLLOWING EASEMENTS ARE IN THE BEST PUBLIC INTEREST FOR THE CITY OF CALDWELL, CANYON COUNTY, IDAHO. This ordinance vacates a portion of the utility easement along the north boundary line of Lot 14, Block 4,Cirrus Pointe Subdivision No. 1,recorded in Canyon County,Idaho in Book 39 of Plats at Page 36, located in the NE 1/4 of Section 15,Township 3 North,Range 3 West,Boise Meridian,City of Caldwell, Canyon County,Idaho, State of Idaho. Section 1. That by a motion passed by the Council and approved by the Mayor of the City of Caldwell, Idaho,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 Council finds the public utility easement vacated by this instrument has not been opened or used by the public for a period of five (5)years; Section 3. That Council finds the owners of all properties abutting easement vacated by this action, have access to his, her, or their property from some other public street,public right- of-way or private road; Section 4. That said right-of-ways 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. a. PETITIONER shall incur all cost related to said vacation. Section 5. That it is hereby determined it is in the best interest of the public that 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. 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 the private property owner. PASSED BY THE COUNCIL of the City of Caldwell, Idaho, this 15th day of May,_2017. APPROVED BY THE MAYOR of the City of Caldwell, Idaho, this 15th day of May, 2017. (011tAS-- Mayor ATT S� ) City Clerk C•tY O• •.••• v• LO . r • 2017-019539 RECORDED 05/16/2017 03:29 PM :�IIII II II III IIIIIIIIIIIIII I I i l l l II I I '299664201700195390030036 CHRIS YAMAMOTO CANYON COUNTY RECORDER Pgs=3 SDUPUIS NO FEE BILL NO. 15 ORDINANCE CITY OF CALDWELL ORDINANCE NO. 3096 AN ORDINANCE 'S CITING PETITION FOR VACATION AND 13eE6TING APPROPRIATE NOT . WAS GIVEN TO PUBLIC UTILITIE , DETERMINING THAT CATION OF SAID EASEMENT P'1 THE CITY OF CALDWELL, CANYON C• TY, IDAHO, DESCRIBE P :ELOW, SHALL BE MADE; AND DETE' I G THAT VACATION i SAID FOLLOWING EASEMENTS ARE IN THE BES PUBLIC INTERE . FOR THE CITY OF CALDWELL, CANYON COUNTY, P AHO. This ordinance vacates a portion of the utility ease -nt al. g the north boundary line of Lot 14, Block 4,Cirrus Pointe Subdivision No. 1,recorded in Canyon . . nty,Idaho in Book 39 of Plats at Page 36, located in the NE '/4 of Section 15,Township 3 North, ' .n=- 3 West,Boise Meridian,City of Caldwell, Canyon County,Idaho, State of Idaho. Section 1. That by a motion passed • the Council an' .pproved by the Mayor of the City of Caldwell, Idaho,that an applicatio, has been presented t. the Mayor and Council of the City of Caldwell, Idaho, requesting pass-ge and approval of an ord ance vacating the above described easement located in Caldwe , Canyon County, Idaho. Section 2. That Council fi'ds the public utility easement vacated . this instrument has not been opened or used by the blic for a period of five (5)years; Section 3. That Co • it finds the owners of all properties abutting easem: t vacated by this action,have access to ' s,her, or their property from some other public street,p blic right- of-way or private road; Section 4. at said right-of-ways do not contain public or private utility lines that cannot feasibly b- elocated or retained through the establishment of appropriate easements, which are to be created and recorded by separate instruments. a. PETITIONER shall incur all cost related to said vacation. Section 6. That it is hereby determined it is in the best interest of the public that the above-described easement in the City of Caldwell, Canyon County, Idaho be vacated. SCANNED Sectio .7. This ordinance shall be in full force and effect from d after its passage and publication acco 'ng to law and compliance with all conditions pr ribed herein. Section 8. Bei •rdained and established that the abo --described premises in the City of Caldwell, Canyon, Coun , daho, upon vacation shall pass : d revert to the private property owner. PASSED BY THE COUNCIL • the Ci of Caldwell,Idaho,this 15t day of May, 2017. APPROVED BY THE MAYOR of 4 - City of Caldwell, Idaho,this 15th day of May, 2017. (31,41444A6_ May• AT ESa, City Clerk pn•1...•. s`% * CALb,'•ft,, i • • • iJAN 15 O / _ • • 1 • .�' • r� it ••`Q • ••mo •••• ••••• i ` .` P.O.C. LOT 14 BLOCK 4 CIRRUS POINTE SUBDIVISION NO. 1 P.0.B.--\\ NE Y4 SECTION 15 L1 S 89'40'32" E 90.00' T3N, R3W, BM n N J J N 89'40'32" W 90.00' LU z LU Q 1— (/) CORONA DRIVE w D 00 S5 LEGEND LINE TABLE EASEMENT VACATION LINE BEARING LENGTH uni ' L1 589.40'02'E 10.00' - PLATTED EASEMENT 0 15 so L2 S00'19'28'W 10.00' SURROUNDING PARCELS SCALE: 1".--50' L3 N0019'2B"E 10.00' ] T CES(7ED BY: 0A4 CITY CF CALDAELL yam,, ' i2JL�[11 It I lit B( DM MATING DEPARiI Ni 621 CLEVELAND B r PARTIAL EASEMENT VACATION (NIXED TF O. Carl, ID41-�O 83605 CALDWELL DATE 04/14/2017 (208) 455 3�6 LOT 14 BLOCK 4 AS saw FAX (208) 455-3012 . ' CIRRUS POINTE SUBDIVISION NO. 1 1 OF 1 MEMORANDUM TO: Mayor Nancolas and Members of Council FROM: Brent Orton, City Engineer Tamera Frans,Administrative Assistant 4 ties i • RE: Vacation of Public Utility Easement- 14204 Corona Drive Request by Morgan Ricks DATE: May 15,2017 Request: Vacation of Public Utility Easement- 14204 Corona Drive Waive three- reading requirement Morgan Ricks of 14204 Corona Drive, Caldwell, Idaho requests vacation of a portion of the utility easement along the north boundary line of Lot 14,Block 4,Cirrus Pointe Subdivision No. 1, recorded in Canyon County, Idaho in Book 39 of Plats at Page 36, located in the NE 1/4 of Section 15,Township 3 North, Range 3 West,Boise Meridian,City of Caldwell,Canyon County,Idaho and is delineated on the attached map. Public utilities were notified and have no objections to the easement 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 easement 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 easement being vacated. It is the recommendation of the Engineering Department that Council hear testimony on submitted Ordinance and decides appropriately.