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ORD 3162
BILL NO. 32 ORDINANCE NO. 3162 2018-029105 RECORDED 07/03/2018 02:20 PM 1111111111111 IIIIIIIIIII I IIIIIIN 1�1 11 111 00378911201800291060030036 CHRIS YAMAMOTO CANYON COUNTY RECORDER Pgs=3 SDUPUIS $0.00 ORDINANCE CITY OF CALDWELL AN ORDINANCE RECITING PETITION FOR VACATION OF THREE FOOT WIDE PORTION OF A 10 FOOT WIDE IRRIGATION EASEMENT AND RECITING APPROPRIATE NOTICE WAS GIVEN; DETERMINING THAT VACATION OF SAID THREE FOOT OF IRRIGATION EASEMENT IN THE CITY OF CALDWELL, CANYON COUNTY, IDAHO, DESCRIBED BELOW, SHALL BE MADE; AND DETERMINING THAT VACATION OF SAID THREE FOOT OF IRRIGATION EASEMENT IS IN THE BEST PUBLIC INTEREST FOR THE CITY OF CALDWELL, CANYON COUNTY, IDAHO. A request by Christy Niblett for vacation of a parcel of land being a 3 foot wide portion of a 10 foot wide irrigation easement dedicated on the plat of Pheasant Run Subdivision No. 2 as recorded on page 42 of Book 37 of Canyon County, Idaho. The request made is to correct an easement encroachment of the home at 11856 Pigeon Court, Caldwell, Idaho built in said easement rendering the property "un - financeable". Section 1. That by a motion passed by the Council and approved by the Mayor of the City of Caldwell, Idaho, and notice having been given 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 easements located in Caldwell, Canyon County, Idaho. Section 2. That said easement does not contain public or private utility lines. Section 3. 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 4. This resolution shall be in full force and effect from and after its passage and publication according to law. PASSED BY THE COUNCIL of the City of Caldwell, Idaho, this 2nd day of July 2018. APPROVED BY THE MAYOR of the City of Caldwell, Idaho, this 2nd day of July 2018. Mayor ATTEST: 22181#840 ORF City Clerk z - �M JAN JT = :s .06*50 p s DESCRIPTION FOR EASEMENT VACATION CITY OF CALDWELL PHEASANT RUN SUBDIVISIONNO. 2 A parcel of land being a 3 foot wide.portion.of a 10 foot wide easement dedicated on the plat of Pheasant Run Subdivision No. 2 as recorded on page 42 of Boost 37 of Canyon County Records more particularly described as follows: Beginning at the South East corner of Lot 7, Block of Said'Subdivision; Thence North 01'07'3T' East along the Easterly boundary of Said Lot -7 for a distance of 10 feet to a paint; Thence North 88°52'23" West for distance of 7.00 feet to the TRUE POINT OF BEGINNING, Thence North 01'07'37" East for a distance -of 95.60 feet to a point located on the Southerly boundary of a dedicated utility easement along the, Northerly limit of Said Lot 7; Thence North 88052`23" West for a distance of 3.00 feet to a paint; Thence South 01`07'37" West for a distance of 95.00 feet to a point; Thence South 88052'23" East for a distance of 3.00 feet to THE TRUE POINT OF BEGINNING. Prepared by: Allen R. Johnson, PLS Professional Land Surveyor EASEMENT VACATION LOT 7 OF BLOCK 4 PHEASANT RUN SUBDIVISION NO.2 A PORTION OF THE SW 1/4 OF SECTION 30, TAN. R.2W., BM CANYON COUNTY, IDAHO a .b IV LOT 7• BLOCK 4 b N e m 10' EASEMENT EXISTING 7' P.ROPOSEb EASEMENT O RESIDENCE L rn 19858 PIGEON COURT w w r� 0 O Z � � M1 ERS. N P Uo S \ V Jn 102 0 �1! Za- r�� 0� 3G88 N 01 07'37" E 10.130' pONl 52 23A c 48:86' t •� SIF. �Z Y c��G�p' z;£caeo nF serlt�F`na RYAN HILL PIGEON COURT OI{(,%$0. AIJN 3ti9:%Nr':1A S:Q3 AL'S PIN POUNDERS MEMORANDUM TO: Mayor Nancolas and Members of Council FROM: Tammy Frans, PWD Administrative Secretary. RE: Vacation of 3 foot of a 10 foot Irrigation Easement 11856 Pigeon Court, Pheasant Run Subdivision DATE: July 2, 2018 Request: Vacation of Public Utility Easement —11856 Pigeon Court Waive three- reading requirement A request by Christy Niblett for vacation of a parcel of land being a 3 -foot wide portion of a ten -foot wide irrigation easement dedicated on the plat of Pheasant Run Subdivision No. 2 as recorded on page 42 of Book 37 of Canyon County, Idaho. The request made is to correct an easement encroachment of the home at 11856 Pigeon Court, Caldwell, Idaho built in said easement rendering the property "un - financeable". The Irrigation district has no objections to the easement vacation. The proposed vacation does not affect any other parcels or utilities. 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 passed on the first reading. The following are exhibits provided with this memo: 1. Site map showing location of 3 -foot easement to be vacated. 2. Legal description of the 3 -foot easement to be vacated. It is the recommendation of the Engineering Department that Council decide appropriately. DESCRIPTION FOR EASEMENT VACATION CITY OF CALDWELL PHEASANT RUN SUBDIVISION NO. 2 A parcel of land being a 3 foot widi3 portion of a 10 foot wide easement dedicated on the plat of Pheasant Run Subdivision No_ 2 as recorded on page 42 of Book 37 of Canyon County Records more particularly described as follows;. Beginning at the South East corner of Lot 7, Block of Said Subdivision; Thence North 01'07'37" East along the Easterly boundary of Said Lot 7 fora distance of 10 feet to a point; Thence North 88'5223'° West for a distance of 7.00 feet to the TRUE POINT OF BEGINNING; Thence North 01 007'37" East for a distance of 951.00 feet to a point located on the Southerly boundary of a dedicated utility easement along the Northerly limit of Said Lot 7; Thence North 88052'23" West for a distance of 3.00 feet to a point; Thence South 01007'37" West for a distance of 95.00 feet to a point; Thence South 88952'23° l=ast for a distance of 3.00 feet to THE TRUE POINT OF BEGINNING. Prepared by: Allen R. Johnson, PLS Professional Land Surveyor DESCRIPTION FOR EASEMENT VACATION CITY OF CALDWELL PHEASANT RUN SUBDIVISION NO.2 A parcel of land being a 3 foot wide portion of a 10 foot wide easement dedicated on the plat of Pheasant Run Subdivision No. 2 as recorded on page 42 of Book 37 of Canyon County Records more particularly described as follows: Beginning at the South East corner of Lot 7, Block of Said Subdivision; Thence North 01'07'37" East along the Easterly boundary of Said Lot 7 for a distance of 10 feet to a point, Thence North 88°52'23" West for a distance of 7.00 feet to the TRUE POINT OF BEGINNING; Thence North 01 °07'37" Eastfor a distance,of 95,00 feet to a point located on the Southerly boundary of a dedicated *utility easement along the Northerly limit of Said Lot 7; Thence North 88052'23 West for a distance of 3.00 feet to a'polnt; Thence South 01 007'37" West for a distance of 95.00 feet to a point; Thence South $8"52'23" East for a distance of 3.00 feet to THE TRUE POINT OF BEGINNING_ Prepared by: Allen R_ Johnson, PLS Professional Land Surveyor a a 0 cv 0 EASEMENT VACATION LOT 7 OF BLOCK 4 PHEASANT RUN SUBDIVISION- NO.2 A PORTION OF THE SW 114 OF SECTION 30, TAN. R.2W., BM CANYON COUNTY, IDAHO K, W LOT 7, BLOCK IV EASEMENT EXISTING T PROPOSED EASEMENT 0 C7 0 RESIDENCE uj 91856 PIGEON COURT w w : 0 o o � � O 0 v - z Z w n � o A 40 �] z ry S �8. fi !riry qT / a F FN 0 Baa R. JOt'1N�' N 01'07'3`)" E 10.00' 90111?O�pgG 85223" E > g�C R10? eEca�ac�suauer as RYAN HILL PIGEON COURT fA5L4CNi IYJCII ICATYJUCLVt till 4Y>• A!u=l Riii SUttbvl'WN11F.'t :EGTI mou liV1Yp! fYJ4:N1`!.%CNib ON0,.FN .A)A O AL'S PIN POUNDERS Mmxtcp1mn T Ar v.M? iAYlN IM MnI A EASEMENT VACATION LOT 7 OF BLOCK 4 PHEASANT RUN SUBDIVISION NO.2 A PORTION OF THE SW 1/4 OF SECTION 30, TAN. R_2W., BM CANYON COUNTY, IDAHO s L07 7, BLOCK d II 8523., S PIGEON COURT O N. z . `j :r h� 70' EASEMENT EXISTING T PROPOSE© EASEMENT O�evmAtttt,G N 07'07'37" E 10.00, 5 88'52'2Y E 48.86'7 q 5� GNB O� 4 PEGOR�OFut1RYEY FCF RYAN HILL .exvrtaacoF:cancwalr_or�eFeinrxa FI{=A9FN: gLLY Sv'BJN°JCN Z:L]] �CCf1! id, TAILA]14., flM ulWpv Cgl�4iY.IOVJYJ AL'S PIN POUNDERS FrxoFesawwnis,wo sumnvine aal awl+x1CD wnr;Mvuq 1R+l�P 1u1c Fl•G':a3PIF'.GiJltt'.3' LRA'p+i p!'aNU 0 0 RESIDENCE Q vi a 11658 PIGEON COURT L4 w f OO f Q O z � w i� 0 0 8523., S PIGEON COURT O N. z . `j :r h� 70' EASEMENT EXISTING T PROPOSE© EASEMENT O�evmAtttt,G N 07'07'37" E 10.00, 5 88'52'2Y E 48.86'7 q 5� GNB O� 4 PEGOR�OFut1RYEY FCF RYAN HILL .exvrtaacoF:cancwalr_or�eFeinrxa FI{=A9FN: gLLY Sv'BJN°JCN Z:L]] �CCf1! id, TAILA]14., flM ulWpv Cgl�4iY.IOVJYJ AL'S PIN POUNDERS FrxoFesawwnis,wo sumnvine aal awl+x1CD wnr;Mvuq 1R+l�P 1u1c Fl•G':a3PIF'.GiJltt'.3' LRA'p+i p!'aNU