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Home My WebLink AboutORD 3120 2017-043356 RECORDED 10/05/2017 03:53 PM X1111111 IIIUIIIOIII IIIIIIIIIIII I HII 00328055201700433560050052 CHRIS YAMAMOTO BILL NO. 39 CANYON COUNTY RECORDER Pgs=5 HCRETAL NO FEE ORDINANCE ORDINANCE NO. 3120 CALDWELL CITY OF 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 vacate a portion of the utility and drainage easement situated in Lots 29-38, Block 3 of Happy Day Business Center Subdivision as filed in Book 17 of Plats at Page 45 records Canyon County, Idaho located in the SE '/4 of the NE 1/4 of Section 1, T.3N., R.3W., and SW 1/4 of the NW 1/4 of Section 6, T.3N., R.2W., B.M. Canyon County, Idaho, more particularly described in exhibit"A"; 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 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 3. 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. b. This vacation is contingent upon receiving final written approval to vacate from Centurylink Section 4. 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 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 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 2,n J)day of , 2017. // APPROVED BY THE MAYOR of the City of Caldwell, Idaho,this 21-1Vday of , 2017. mAAL4L • Mayor -TT T: _ .. ` AA'.) A City Clerk CITy ••....•• O,o %VT y:d - : z . "'•m - c i c•r- - . v-,,.••o IDMAO Exhibit UTILITY AND DRAINAGE EASEMENT HAPPY DAY BUSINESS CENTER SUBDIVISION A portion of the utility and drainage easement located in Lots 29-38, Block 3 of Happy Day Business Center Subdivision as filed in Book 17 of Plats at Page 45 records Canyon County. Idaho located in the SE 1/4 of the NE 1/4 of Section 1, T.3N., R.3W., and SW 1/4 of the NW 1/4 of Section 6, T.3N., R.2W., B.M., Canyon County, Idaho being more particularly described as follows: BEGINNING at the westerly lot corner common to said Lots 29 and Lot 38; thence along the northwesterly boundary line of said Lot 29 for the following two courses and distances: thence North 43°41'00" East, 120.00 feet; thence 10.47 feet along the arc of a curve to the right, said curve having a radius of 20.00 feet, a central angle of 30°00'00" and a long chord of 10.35 feet which bears North 58°41'00" East; thence leaving said northwesterly boundary line South 46°19'00" East, 17.32 feet; thence 15.71 feet along the arc of a non-tangent curve to the left, said curve having a radius of 10.00 feet, a central angle of 90°00'00" and a long chord of 14.14 feet which bears South 88°41'00"West; thence South 43°41'00" West, 115.00 feet; thence South 46°19'00" East, 560.00 feet; thence South 43°41'00" West, 10.00 feet; thence North 46°19'00"West, 560.00 feet; thence South 43°41'00" West. 115.00 feet; thence 15.71 feet along the arc of a curve to the left, said curve having a radius of 10.00 feet, a central angle of 90°00'00" and a long chord of 14.14 feet which bears South 01°19'00" East; thence North 46°19'00"West, 17.32 feet to a point on the northwesterly boundary line of said Lot 38; thence along the northwesterly boundary line of said Lot 38 for the following two courses and distances: Page 1 of 2 thence 10.47 feet along the arc of a non-tangent curve to the right, said curve having a radius of 20.00 feet, a central angle of 30°00'00" and a long chord of 10.35 feet which bears North 28°41'00" East; thence North 43°41'00" East, 120.00 feet to the POINT OF BEGINNING. 17r: re eq.St-40, 1l 7729 9 s, �JZY/fta G,Q 9 OF ‘pPr cr1'G, � Page 2 of 2 N N 43'41'00"E \ 120,00' Cl \\ S46'19'00"E ` '17.32' POINT OF BEGINNING �� GZ \ \ J L N43'41'00"E '� ' �' ' ,,� O' \` 120.00' � \ X / S43'41'00"W /`• \\ 4`) i 115.00' � ti,1 ,</C)/ \f/(/ �\1 \\'<C / �`�\ // .0 N �\ I 1' ® \ \ / �� ,v S43'41'00"W / \�\ 30 alp � \ \ \ 115.00' \ /• C/�- Ss \ ` \ \ / .1 p ` \ \\\ // 4s, ,/ F ,mss '1'T ,\ <\` / O<L•s:56' / \ N46'19'00"W // Ss�\\�\\"/ 10.0' UTILITY AND DRAINAGE EASEMENT 17.32' `,\// 3B Op, � \ ,\ \ //1 C // •,, \ , / \1`1 / \ // J\`\1, / 33 35 / \1� 'J / I\ T (� `, // \d�T\ / QP I. \\ / yl\k?i Q 25 100 300 ./ 34 /\\_< /�P 0 50 200 • i' / S43'41'00"W • SCALE: 1 " = 100' 10.00' V/// CURVE TABLE , CURVE RADIUS LENGTH CHORD DIST. CHORD BRG. DELTA ,pAt)v' "ENs SG C1 20.00 10.47 10.35 N58'41'00"E 30'00'00" O� � �� C2 10.00 15.71 14.14 S88'41'00"W 90'00'00" x 7 7 2 9 0 C3 10.00 15.71 14.14 S1'19'00"E 90'00'00" N,, cilzy)J�-� C4 20.00 10.47 10.35 N28'41'00"E 30'00'00" C9T �QccF OF \.C) <, cqRYG.GP'' EXHIBIT a DRAWING FOR .10B NO. •, isc IDAHO 1450 E.WATERTOWERST. r UTILITY AND DRAINAGE EASEMENT , SURVEY MITE 130 IDAHO 83642 SHEET N N0. (208)846-857U HAPPY DAY BUSINESS CENTER GROUP, LLC LOTS 29-38 OF HAPPY DAY BUSINESS CENTER SUBDIVISION LOCATED IN THE SE X DWG. DATE OF THE NE Y4 OF SECTION 1 T.314.. R.3W AND SW i OF THE NW } OF SECTION 6, 8/15/2017 T.3N.. R.2W.. B.M.. CANYON COUNTY. IDAHO Tammy Frans From: Ruettgers, Kim [Kim.RuettgersCCenturyLink.com] Sent: Thursday, September 21, 2017 ':57 PM To: Tammy Frans Cc: kent brown Subject: RE: Returned Certified Mailing I have submitted this to our ROW team. We should be could to vacate this easement. I am not sure why it got returned unclaimed. Who was it addressed to? You can send to me: Century Link Attn: Kim Ruettgers 3110 Commercial Way Caldwell, ID 83605 Thanks, Kim From: Tammy Frans [mailto:tfransPcityofcaldwell.orq] Sent: Tuesday, September 19, 2017 4:24 PM To: Ruettgers, Kim Cc: kent brown Subject: Returned Certified Mailing Hello Kim First, you have been a tremendous help getting replies back 10 the City of Caldwell so easement and ROW vacation requests can move forward. Your help has made a huge difference. Thank you. Attached is the last request I sent to you by certified mail. It was returned unclaimed. Could you help this one along also? Is there a contact name and address that you prefer I send these too in the future? Again, Thank You! CALDWELL_ SECRETARY FOR CALDWELL PUBLIC WORKS DIRECTOR TAMERA FRANS 621 Cleveland Blvd•Caldwell,ID 83605 www.cityofcaldwell.com•(208)455-4734 tfrans@cityofcaldwell.org This communication is the property of CenturyLink ani may contain confidential or privileged information. Unauthorized use of this communication is strictly prohibited and may be unlawful. If you have received this 1 RELEASE OF EASEMENT (Lots 29-38) Qwest Corporation d/b/a CenturyLink QC, (formerly known as U S West Communications,and Mountain States Telephone and Telegraph) hereinafter called "company". for and in consideration for Ten Dollars ($10.00)and other good and valuable consideration does hereby release,remise and quitclaim any and all rights,title and interest acquired by the"company"or its assignors in the real property under a 10' Utility & Drainage Easement located in Lots 29-38,Block 3 of Happy Day Business Center Subdivision dedicated by plat.Book 17,Page 45.Canyon County.Idaho,located in SE 1/4 of the NE 1/4 of Section 1,T.3N,R 3W, and SW � of the NW %< of Section 6, T 3N, R 2W, B.M. Canyon County, Idaho. Attached is the legal description and exhibit of the easement portion being released. The purpose of this document is to release that portion of the easement described in the records indicated above, hereby expressly excepting and reserving the company any and all interest otherwise acquired in said property,except as stated above. Executed this 2"d day of October,2017 ----7".t)-------- . By: ron Kidane Its: Right of Way Manager STATE OF ARIZONA County of Pima The foregoing instrument was acknowledged by me this 2"d day of October,2017 by Meron Kidane as Right of Way Manager of Qwest Corporation d/b/a CenturyLink QC. ,.w..,........., f My commission expires 1/f, 2.P2_1 /f r. Witness my hand and official seal. - ,_-/f.t. f Notary Public * ` TOREN WIKBERG _ NOTARY PUBLIC,ARIZONA ':x`> �'LPIMA COUNTY My Commission Expires t.1isir July 4,2021 Wire center:CLWLIDMA FW#N.299465 NRE#P793015 MEMORANDUM TO: Mayor Nancolas and Members of Council FROM: Brent Orton,Public Works Director Tamera Frans,Administrative Assistant RE: Vacation of Public Utility Easement—Happy Day Business Center Request by—Kent Brown DATE: Oct. 2,2017 Request: Vacation of a portion of Public Utility and Drainage Easement Waive three- reading requirement Request by Kent Brown to vacate a portion of the utility and drainage easement situated in Lots 29-38, Block 3 of Happy Day Business Center Subdivision as filed in Book 17 of Plats at Page 45 records Canyon County, Idaho located in the SE 1/4 of the NE 1/4 of Section 1, T.3N., R.3W., and SW 1/4 of the NW 1/4 of Section 6, T.3N., R.2W., B.M. Canyon County,Idaho,more particularly described in exhibit"A"; 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.