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Home My WebLink AboutORD 3216zoie-ouam RECORDED 06/04/2019 03:18 PM 00443263201900243070050051 VI�IINAtlIIIVNVI�IIIIIIIIINI��Y� BILL NO. 24 CHRIS YAMAMOTO CANYON COUNTY RECORDER ORDINANCE NO. 3216 Pgs=5 DLSTEPHENS NO FEE ORDINANCE CITY OF CALWELL AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CALDWELL, IDAHO, RECITING PETITION FOR VACATION OF UNOPENED RIGHT-OF-WAY FOR A PORTION OF SPRUCE STREET; RECITING THAT APPROPRIATE NOTICE WAS GIVEN OF PUBLIC HEARING; DETERMINING THAT VACATION OF SAID RIGHT.- OF-WAY IGHT-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 Spruce Street as shown on the plat of Hampshire Place Subdivision, recorded as instrument No. 2018-055932, Official Records of Canyon County, Idaho being situated in the SW 1/4 NE %4 of Section 35, Township 4 North, Range 3 West, Boise Meridian, City of Caldwell, County of Canyon County, State of 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 not being used nor will again be needed by the public; Section 3. 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 4. That Council finds the owners of all properties abutting right-of-way 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 5. PETITIONER shall incur all cost related to said vacation. Section 6. That said right-of-way vacated does not contain public or private utility lines. That no rights of any third parties, other than the City of Caldwell, will be affected by the right-of- way vacation; Section 7. 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 S. 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 3rd day of June, 2019 APPROVED BY THE MAYOR OF THE CITY OF CALDWELL, IDAHO, this 3rd day of June, 2019 &04� Mayor Garret L. Nancolas ATTEST: City Clerk J -U -B ENGINEERS, INC. 1-U-0 C.OFAP/Wt,�, Exhibit "A" Hampshire Place Subdivision Spruce Street Vacation Description Project No. 10-19-008 May 1, 2019 TMEGATEWAY LANGOON M I MAPPING. GROUP INC: Portions of the tract of land described in the warranty deed to J -U -B Engineers, Inc, recorded as Instrument No. 2018-055932, Official Records of Canyon County, hereinafter referred to as the "J -U -B Parcel", being situate in the southwest quarter of the northwest quarter of Section 35, Township 4 North, Range 3 West, Boise Meridian, City of Caldwell, County of Canyon, State of Idaho, and being more particularly described as follows: Area "A" Beginning at a 5/8 -inch rebar marking the northeast corner of the parcel of land described in the deed to the City of Caldwell, Idaho, recorded as Instrument No. 200512389, Official Records of Canyon County, hereinafter referred to as "Caldwell Parcel E", said point being on the westerly right-of-way line of.Georgia Avenue; thence from said Point of Beginning, leaving said westerly right-of-way line, North 89"45'17" West, along the northerly line of said Caldwell Parcel E, a distance of 15.25 feet more or less, to the southwest comer of the 70 -square -foot tract of land described in the deed to the City of Caldwell, Idaho, recorded as Instrument No. 200512387, Official Records of Canyon County, hereinafter referred to as "Caldwell Parcel D - East"; thence leaving said northerly line, along the respective northwesterly and easterly lines of said Caldwell Parcel D - East, the following two (2) consecutive courses: 1. along the arc of a non -tangent curve to the left, concave northwesterly, having a radius of 20.00 feet, through a central angle of 74°11'50", an arc length of 25.90 feet, and a chord bearing North 39°44'27" East, a distance of 24.13 feet to a point on the westerly right-of-way line of said Georgia Avenue, and 2. South 00°32'45" West, a distance of 18.62 feet more or less to the Point of Beginning. The above described Area "A" contains an area of 75 square feet of land, more or less. TOGETHER WITH: Beginning at a 5/8 -inch rebar marking the northwest corner of the aforesaid Caldwell Parcel E; thence from said Point of Beginning, South 01°08'07" West, along the westerly line of said Caldwell Parcel E, a distance of 23.00 feet; thence leaving said westerly line, South 89°58' 18" West, a distance of 98.03 feet to a point on the southerly line of the 0.482 -acre tract of land described in the deed to the City of Caldwell, Idaho, recorded as Instrument No. 2005123 87, Official Records of Canyon County, hereinafter referred to as "Caldwell Parcel D - West"; thence along said southerly line, the following two (2) consecutive courses: 1. along the arc of a non -tangent curve to the left, concave southerly, having a radius of 470.00 feet, through a central angle of 11°44'34", an arc length of 96.33 feet, and a chord bearing South 89158'18" West, a distance of 96.16 feet, and 2. South 89°58' 18" West, a distance of 317.89 feet to the most westerly corner of said Caldwell Parcel D - West; May 1, 2019 10-19-008_Vacation Desc.docx Pagel oft a 250 S. Beechwood Avenue, Suite 201, Boise, ID 83709-0944 p 208-376-7330 ,f 208-323-9336 w www.jub.com thence along the northerly line of said Caldwell Parcel D - West, the following four (4) consecutive courses: 1. along the arc of a non -tangent curve to the left, concave northerly, having a radius of 470.00 feet, through a central angle of 14°50'32", an are length of 121.75 feet, and a chord bearing .North 82033102" East, a distance of 121.41 feet, 2.. North 75°07'46" East, a distance of 113.61 feet, 3. along the arc of a tangent curve to the right, concave southerly, having a radius of 530.00 feet, through a central angle of 36°54'44", an arc length of 341.45 feet, and a chord bearing South 86°24'52" East, a distance of 335.57 feet, and 4. along the arc of a reverse curve to the left, concave northerly, having a radius of 20.00 feet, through a central angle of 8°23'25", an arc length of 2.93 feet, and a chord bearing South 72'09'12" East, a distance of 2.93 feet to a point on the northerly line of the aforesaid Caldwell Parcel E; thence North 89'45'17" West, along said northerly line, a distance of 55.35 feet to the Point of Beginning. The above-described Area `B" contains an area of 0.463 acres of land, more or less. End of Description. J -U -B ENGINEERS, Inc. This description was prepared by me or under my supervision. If any portion of this description is modified or removed without the written consent of Timothy Harrigan, PLS, all professional liability associated with this document is hereby declared null and void. Timothy Harrig P S 17665 Date May 1, 2019 10-19-008—Vacation Desc.docx Page 2 of 2 www.jub.com J -U -B ENGINEERS, Inc. r 0 100 SCALE IN FEET i�3 Z J -U -B ENGINEERS, INC. n: BEECH STREET - - - - - - - - - - - -- C' - - - I I hl I I I o1� I I EXHIBIT HAMPSHIRE PLACE PETITION TO VACATE A PORTION OF THE SW 1/4 OF THE NW 1/4 OF SEC. 35, T4N, R3W, BM CITY OF CALDWELL, COUNTY OF CANYON, STATE OF IDAHO I I I—.__._J I SHEET 1 OF 1