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Home My WebLink AboutORD 3114 • 2017-040447 RECORDED 09/19/2017 11:42 AM 1IHIIIIIIII IIIIIII1 ' 1II 111111 11111 00324652201700404470040042 CHRIS YAMAMOTO BILL NO. 33 CANYON COUNTY RECORDER Pgs=4 LBERG NO FEE ORDINANCE CITY nF('Al n'AJP! I ORDINANCE NO. 3114 AN ORDINANCE RECITING PETITION FOR VACATION OF EASEMENTS 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 EASEMENTS ARE IN THE BEST PUBLIC INTEREST FOR THE CITY OF CALDWELL, CANYON COUNTY, IDAHO. DESCRIBED HEREIN, This ordinance is to vacation of a portion of the utility easement along the southerly boundary line of Lot 6, Block 10, Whitney Springs Subdivision No. 3 Phase 1, recorded in Canyon County, Idaho in Book 43 of Plats at Page 42, located in the SE 1/4 NW 1/4 of Section 5, Township 3 North, Range 2 West, Boise Meridian, City of Caldwell, Canyon County, Idaho,more particularly described in attachments; Section 1. 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 easements located in Caldwell, Canyon County, Idaho. Section 2. That Council finds the public utility easements vacated by this instrument have 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 easements 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 easement(s)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 18th day of September, 2017. APPROVED BY THE MAYOR of the City of Caldwell, Idaho,this 18th day of September, 2017. 4451444-4— Mayor ATTEST: •••,.,II,..,,,,,,, C/ •, �•. _ �... ,.. . _ City Clerk •..�d'J ••...�NT�oc�': ,, .1)A 11 0 EXHIBIT A Vacation of a portion of the utility easement along the southerly boundary line of Lot 6, Block 10, Whitney Springs Subdivision No. 3 Phase 1,recorded in Canyon County,Idaho in Book 43 of Plats at Page 42, located in the SE 11/4 NW 'A of Section 5,Township 3 North,Range 2 West,Boise Meridian, City of Caldwell,Canyon County,Idaho,more particularly described as follows; COMMENCING at the SW corner of Lot 6, Block 10, Whitney Springs Subdivision No. 3 Phase 1; thence North 77°33'40" East a distance of 10.00 feet coincident with the southerly line of said Lot 6 to the POINT OF BEGINNING;thence continuing North 77°33'40"East a distance of 51.30 feet coincident with said southerly line of Lot 6;thence North 07°31'31"West a distance of 10.04 feet parallel with the easterly line of said Lot 6;thence South 77°33'40"West a distance of 52.16 feet parallel with said southerly line of Lot 6;thence South 12°26'20" East a distance of 10.00 feet parallel with the westerly line of said Lot 6 to the POINT OF BEGINNING. The above parcel contains 517 square feet or 0.01 acres,more or less. illc`n BLUE SPRINGS STREET 77 b __ __ -__----- _._....------ ---------- ___ _------ G) ( , u,_,_____ ay I s 11 i ill 1 I G I 1 to k L4 J 1.2 L1 P.O.B. P.O.C. SW CORNER LOT 6 BLOCK 10 1 a • TYSEN SPRINGS STREET LEGEND SILINE TABLE LINE BEARING LENGTH EASEMENT VACATION L1 N7r33'40'E 10.00' PLATTED EASEMENT L2 N7713'40'E 51.30' SURROUNDING PARCELS 1 I L3 NGT31'31'W 10.04' 0 25 50 L4 S7713'40'W 52.16' ----- SUBDIVISION BOUNDARY SCALE: 1"=50' L5 S12.26'20•E 10.00' 01Y CF CALNEL C MED BY: DM 'aFFING a ff a EXHIBIT I:', TM ESGN DM MED Fit 621 CLLI'EIMD ELVD. PARTIAL EASEMENT VACATION �rE 07/20/2017 CALDIhE183605 CALowElL LOT 6 BLOCK 10 sL AS S (2C6) 455_� ' �C FAX(208) 455-3012 WHITNEY SPRINGS SUBDIVISION NO.3 PHASE 1 1 OF 1 MEMORANDUM TO: Mayor Nancolas and Members of Council FROM: Brent Orton,Public Works Director --grt • Tamera Frans,Administrative Assistant RE: Vacation of Public Utility Easement— 10701 Blue Springs Street Request by Magdalena Monjarus DATE: Sept. 18, 2017 Request: Vacation of Public Utility Easement- 10701 Blue Springs Street Waive three- reading requirement Request by Magdalena Monjarus requests vacation of a portion of the utility easement along the southerly boundary line of Lot 6, Block 10, Whitney Springs Subdivision No. 3 Phase 1, recorded in Canyon County, Idaho in Book 43 of Plats at Page 42, located in the SE 1/4 NW 1/4 of Section 5, Township 3 North, Range 2 West, Boise Meridian, City of Caldwell, Canyon County, Idaho, more particularly described in attachments; 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. Exhibit"A" Legal Description of Vacation 2. Exhibit"B" Site map of vacation It is the recommendation of the Public Works Director that Council consider the proposed vacation.