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HomeMy WebLinkAboutORD 3103 1017-029537 RECORDED 07/18/2017 03:10 PM 1111111111 11111111111 IIIII 101111111 00311821201700295370040048 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. &talt4t•L Mayor Garret L.Nancolas ATTE T: 1 � , 2 City Clerk CIT Y OF ••,,� •' %hco/A..9 :�• 4 �. r = Y �,'',, „1D ,,,. 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. • Block 74 `�PJ(t' 'Qy ''O Co "9O \ ` Block 2 Block 75 •• •\• ` \\ • \ \ \ . ^- ``` \\`� \/ � V • \\• \\ \ JB \\ \ N A��P ‘ \ c,• N Block t \ 13 4 ) Block •• , / 6 • �,� i 1 / / / 1 ‘e\'' \ I II ��), ��� ' T \ 12 \ • S. \4 N .• • `• Block 4 Block 11 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 r�o�Amrrrat EXHI It �� 0A1 621 aEwAW BLVD. 'n �� ALLEY VACATION CAI °� '� 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.