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Home My WebLink AboutORD 3181 2018-046422 RECORDED 10/16/2018 01:22 PM IIhhI liii IIIIUIIIDIlI IU IIII II I I 00399070201800464220060067 CHRIS YAMAMOTO CANYON COUNTY RECORDER BILL NO. 51 Pgs=6 MBROWN NO FEE ORDINANCE NO. 3181 ORDINANCE CITY OF CALDWELL AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CALDWELL, IDAHO, VACATION OF UNOPENED RIGHT-OF-WAY FOR VINE STREET AND FERN STREET; RECITING THAT APPROPRIATE NOTICE WAS GIVEN OF PUBLIC HEARING; DETERMINING THAT VACATION OF SAID RIGHT-OF-WAY BE IN THE BEST INTEREST OF THE CITY OF CALDWELL AND THAT SAID RIGHT-OF- WAY SHALL BE VACATED; PROVIDING AN EFFECTIVE DATE. BE IT ORDAINED, BY THE MAYOR AND CITY COUNCIL OF THE CITY OF CALDWELL,COUNTY OF CANYON,AND STATE OF IDAHO: Section 1. That by a motion passed by the Council and approved by the Mayor of the City of Caldwell, Idaho, and proper notice having been given of these proceedings to adjoining property owners and published in the official newspaper of the City, and a public hearing having been held by the Council, all in accordance with the requirements of Idaho Code §§ 50-1325 and 50- 311 and other law, requesting passage and approval of an ordinance vacating the right-of-way described below located in Caldwell, Canyon County, Idaho: Legal description for the vacation of undeveloped portions of the rights-of-way for Vine Street and Fern Street as shown on the plat of Kinney Subdivision, recorded in Canyon County, Idaho in Book 6 of Plats at Page 28 and located in the S V2 SW '/4 NE 1/4 of Section 3, Township 3 North, Range 3 West, Boise Meridian, Canyon County, Idaho, being more particularly described in Exhibit"A" and Exhibit"B"; Section 2. That the Council finds the right-of-way vacated by this ordinance is no longer being used nor will again be needed by the public; Section 3. That as a condition of this vacation a deed shall be executed providing 30' of new right-of-way on the easterly boundary of the northerly parcel as depict in the attached Exhibit "C"; Section 4. That the Council finds the owners of all properties abutting the right-of-way vacated by this ordinance have been properly notified of this action and have consented thereto or failed to object; Section 5. That no rights of any third parties, other than the City of Caldwell, will be affected by the right-of-way vacation; PAGE—I Section 6. That the Council finds it to be in the best interest of the public that the portion of the above-described right-of-way in the City of Caldwell, Canyon County, Idaho,be vacated; Section 7. 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. PASSED BY THE COUNCIL OF THE CITY OF CALDWELL, IDAHO, this 15th day of October, 2018. APPROVED BY THE MAYOR OF THE CITY OF CALDWELL, IDAHO, this 15`x' day of October, 2018. ATTEST: Mayor Garret L.Nancolas City Clerk • G• ••_ 1 %.*: JAN J I• A • '. PAGE-2 EXHIBIT A Legal description for the vacation of undeveloped portions of the rights-of-way for Vine Street and Fern Street as shown on the plat of Kinney Subdivision,recorded in Canyon County,Idaho in Book 6 of Plats at Page 28 and located in the S'/SW IA NE'/<of Section 3,Township 3 North,Range 3 West,Boise Meridian, Canyon County,Idaho,being more particularly described as follows: VINE STREET COMMENCING at the SW corner of the S'/z SW'/4 NE'/4 of Section 3;thence North 89°14'East a distance of 30 feet along the south boundary of said Kinney Subdivision to a point on the east right-of-way of S. Montana Avenue; thence North 00°10'30" West a distance of 116.00 feet along said east right-of-way of S. Montana Avenue to a point of curvature, said point being the POINT OF BEGINNING;thence Northeasterly 31.22 feet along the arc of a curve to the right having a central angle of 89°25'30", a radius of 20.0 feet,and a chord bearing North 44°32'15"East a distance of 28.14 feet to a point on the south right- of-way of Vine Street;thence North 89°15' East a distance of 1219.66 feet along said south right-of-way of Vine Street to a point of curvature;thence Southeasterly 31.64 feet along the arc of a curve to the right having a central angle of 90°38', a radius of 20.0 feet,and a chord bearing South 45°26'00"East a distance of 28.44 feet to a point on the west right-of- way of unopened S. Illinois Avenue;thence North 00°07' West a distance of 100.01 feet along the extension of said west right-of-way of unopened S. Illinois Avenue to a point of curvature;thence Southwesterly 31.19 feet along the arc of a curve to the right having a central angle of 89°22', a radius of 20.0 feet,and a chord bearing South 44°34'00"West a distance of 28.13 feet to a point on the north right- of-way of said Vine Street;thence South 89°15' West a distance of 1219.76 feet along said north right-of-way of Vine Street to a point of curvature;thence Northwesterly 31.62 feet along the arc of a curve to the right having a central angle of 90°34'30", a radius of 20.0 feet,and a chord bearing North 45°27'45"West a distance of 28.43 feet to a point on said east right- of-way of said S.Montana Avenue;thence South 00°10'30"East a distance of 100.00 feet along the extension of said east right-of-way of S. Montana Avenue to the POINT OF BEGINNING. FERN STREET COMMENCING at the SW corner of the S'/2 SW'/4 NE 1/4 of Section 3;thence North 89°14'East a distance of 1319.53' feet along the south boundary of said Kinney Subdivision to the SE corner of said subdivision; thence North 00°07' West a distance of 446.84 feet along the east boundary of said Kinney Subdivision; thence South 89°15' West a distance of 30 feet to a point on the west right-of-way of unopened S. Illinois Avenue, said point being the POINT OF BEGINNING;thence Northwesterly 31.64 feet along the arc of a curve to the left having a central angle of 90°38', a radius of 20.0 feet,and a chord bearing North 45°26'00"West a distance of 28.44 feet to a point on the south right- of-way of Fern Street;thence South 89°15' West a distance of 1119.79 feet along said south right-of-way of Fern Street to the NE corner of Lot 1 Block 2 of said Kinney Subdivision;thence North 00°10'30"West a distance of 60.00 feet to the SE corner of Lot 1 Block 1 of said Kinney Subdivision; thence North 89°15' East a distance of 1120.30 feet along the north right-of-way of said Fern Street to a point of curvature;thence Northeasterly 31.19 feet along the arc of a curve to the left having a central angle of 89°22', a radius of 20.0 feet, and a chord bearing North 44°34' East a distance of 28.13 feet to a point on the west right-of- way of unopened S. Illinois Avenue;thence South 00°07' East a distance of 100.01 feet along the extension of said west right-of-way of unopened S. Illinois Avenue to the POINT OF BEGINNING. C. 0 H i N ti a M• R. : N 89'15' E 1120.30' GJ .71 J I , F., J �j - —"" 5 89'15' W 1 1 19.79' c 0 L5 Lr ° a Z P.O.B. Q C/] O - EI � FERN o , .g- STREET �{ Q a , `' S 89.15' W 1219.76' [�] n o W .1- �Ly VINEzSTREET Z W x z � ; N 89'15' E 1219.66' c ,Gs, 0 zW . •, c.4\ P.O.B. VINE LASTER L7 STREET N 89'14' E 1319.53' STREET P.O.C. :.1' _ - --- SW CORNER a S SW Y4 NE Y4 SECTION 3 T T3N. R3W. BM v W S. { : G LINE TABLE CURVE TABLE LINE BEARING LENGTH CURVE LENGTH ANGLE RADIUS CHORD BRG. CHORD DIST. L1 N8914'E 30' S `�' Cl 31.22' 89'25'30" 20.00' N44'32'15"E 28.14' L2 N0010'30"W 116.00' LEGEND C2 31.64' 90'38' 20.00' S45'26'00"E 28.44' L3 N0007'W 100.01' `th PARCEL BOUNDARY C3 31.19' 89 22' 20.00' 544'34'00"W 28.13' L4 50010'30"E 100.00 ,_ C4 31.62' 90'34'30"_ 20.00' N45'27'45"W 28.43' L5 S89'15'W 30' 2 - - - EASEMENT p 1 P00 C5 31.64' 90'38' 20.00' N45'26'00"W 28.44' L6 N00'10'30"W 60.00' SURROUNDING PARCELS SCALE: 1"=200' C6 31.19' 89'22' 20.00' N44'34'00"E 28.13' L7 500'07'E 100.01' i ^g_ EXHIBIT C r , _- 1r -, , , ... ,, - _,..- • . - . • -Y'-' - e - ,- -i 4 ,- ,„_'Alp ° .. ''1-: 17,.:' !'''''':-.!'..-,f1:1-...77,,-,...-: --7,-,.,• ,.--,-, :::::,.., ,; 1 , ,...., ! ' ag C ,- ,' P *** -. . , ..' * '•' . ,i . ...,. 1 • ;...; ,,,r .• ,,..... f- P., ''Ott.% • „ 4.4..,,:. ,, . • it'' - ' '.. _ , . . , -,wiriiir,t7...-0-- ..,,,„ ; ..-.,. * ii . ° 4 1 ., . f +,....., - • ii .. . , . i. ' .• t C., 1 I 1 i ..,. '.14., 41160 I 11011111r.-..41 i 1 4 , i I, i.. I. 1, I I ' i, mi ,,„ i.i filltrr _.1 1 f . , _ . MEMORANDUM TO: Mayor Nancolas and Members of Council FROM: Brent Orton,Public Works Director -44111 Tamera Frans,Administrative Assistan RE: Vacation of Public Right-of-way(ROW)—Fern Street and Vine Street Request by Charlotte Kinney Trust DATE: October 8, 2018 Request: Vacation of Public Right-of-way(ROW)—Fern Street and Vine Street Waive three- reading requirement Dan Ferris on behalf of Charlotte Kinney Trust, requests vacation of undeveloped portions of the rights- of-way for Vine Street and Fern Street as shown on the plat of Kinney Subdivision, recorded in Canyon County, Idaho in Book 6 of Plats at Page 28 and located in the S '/2 SW '/a NE 'A of Section 3, Township 3 North, Range 3 West, Boise Meridian, Canyon County, Idaho, being more particularly described in Exhibit"A"and Exhibit"B"; Public utilities were notified and have no objections to the ROW 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 ROW listed above in accordance with the applicant's request. The applicant would like this request to be passed on the first reading. The following exhibits are provided with this memo: 1. Exhibit"A" 2. Exhibit"B" 3. Exhibit"C" It is the recommendation of the Public Works Director that Council consider the proposed vacation.