HomeMy WebLinkAboutORD 3103 1017-029537
RECORDED
07/18/2017 03:10 PM
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BILL NO. 22 CHRIS YAMAMOTO
CANYON COUNTY RECORDER
ORDINANCE NO. 3103 Pgs=4 HCRETAL NO FEE
ORDINANCE
CALDWELL CITY OF
AN ORDINANCE RECITING PETITION FOR VACATION OF PUBLIC
RIGHT-OF-WAY 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 RIGHT-OF-WAY IS IN THE BEST PUBLIC INTEREST
FOR THE CITY OF CALDWELL, CANYON COUNTY, IDAHO.
Properties are further described in Exhibit "A" and shown in Exhibit"B". A request by Caldwell
Urban Renewal to vacate the public right-of-way that creates the alleyway in Block 3, Caldwell
Original Townsite in Caldwell, Idaho
The request is made to make parcel R0455700000 whole again for future development.
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 property owners
within three hundred (300) feet and published in the official newspaper of the City, 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 public right-of-way located in Caldwell,
Canyon County, Idaho.
a. PETITIONER shall incur all cost related to said vacation.
Section 2. 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 3. This vacation is subject to the following precedent conditions:
That all existing utility lines and utility services, including a Intermountain Gas line, 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.
a. PETITIONER shall incur all cost related to said vacation.
b. PETITIONER shall provide,by separately recorded instrument, configured in
a manner subject to the approval of the City Engineer.
Section 4. That it is hereby determined it is in the best interest of the public that the
above-described right-of-ways in the City of Caldwell, Canyon County, Idaho be vacated.
Section 5. 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 6. 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 adjacent
private property owners, one-half to each side, in accordance with Section 50-311, Idaho
State Code.
PASSED BY THE COUNCIL of the City of Caldwell, Idaho,this 17th day of
July, 2017.
APPROVED BY THE MAYOR of the City of Caldwell,Idaho,this 17th day of
July, 2017.
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Mayor Garret L.Nancolas
ATTE T:
1 � , 2 City Clerk
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EXHIBIT A
Vacation of the public right-of-way that creates the alleyway as platted in Block 3 of Caldwell,Idaho,
according to the Revised Map of Caldwell, Idaho, filed in Book 1 of Plats at Page 20, records of
Canyon County, Idaho, located in the SW 'A of Section 22, Township 4 North, Range 3 West, Boise
Meridian,City of Caldwell,Canyon County,Idaho.
The above parcel contains 0.11 acres,more or less.
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LEGEND
ALLEY VACATION LINE TABLE
E__: J INDIAN CREEK LINE BEARING LENGTH
—t—RAILROAD 1 1 L1 S89.40.32'E _ 10.00'
0 50 100 L2 S00'19'28*W 10.00'
SURROUNDING PARCELS SCALE: 1"=100' L3 N00'19'28"E 10.00'
car IT CALMED_ -401111111b'-, OMNI)B ON
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EXHI It �� 0A1
621 aEwAW BLVD. 'n �� ALLEY VACATION
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wn', I�HO 8 1.� 047E 04/14/2017
(2C8) 455-3006 - ��, BLOCK 3 AS
FAX(2C) 455-3012 , REVISED MAP OF CALDWELL 1 OF 1
MEMORANDUM
TO: Mayor Nancolas and Members of Council
FROM: Brent Orton, City Engineer
RE: Vacation of Public Right-of-Way
Alleyway in Block 3, Caldwell Original Townsite
DATE: July 17,2017
A request by Caldwell Urban Renewal Agency to vacate the Public Right-of-Way that creates the
alleyway in Block 3, Caldwell Original Townsite in Caldwell, Idaho
The request is made to make parcel R0455700000 whole again for future development.
Property owners within 300 feet of the 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
and have no objections to the public right-of-way vacation according to the provisions outlined in
the attached Ordinance.
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.
It is the recommendation of the Engineering Department that Council approve the Ordinance as
submitted.