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Home My WebLink AboutORD 3220BILL NO. 28 ORDINANCE NO. 3220 2019-027002 RECORDED 06/18/2019 02:18 PM IIIIIII II IIII I IIIIIIIIIIIIIIIIII IIIIII VIII III 00446403201900270020040043 CHRIS YAMAMOTO CANYON COUNTY RECORDER Pgs=4 SDUPUIS NO FEE ORDINANCE CITY OF CALDWELL AN ORDINANCE RECITING PETITION FOR VACATION OF 20' FOOT PORTION OF A 55' FOOT IRRIGATION EASEMENT AND RECITING APPROPRIATE NOTICE WAS GIVEN; DETERMINING THAT VACATION OF SAID 20' FOOT OF IRRIGATION EASEMENT IN THE CITY OF CALDWELL, CANYON COUNTY, IDAHO, DESCRIBED BELOW, SHALL BE MADE; AND DETERMINING THAT VACATION OF SAID 20' FOOT OF IRRIGATION EASEMENT IS IN THE BEST PUBLIC INTEREST FOR THE CITY OF CALDWELL, CANYON COUNTY, IDAHO. A request by Brock Salisbury for vacation of a parcel of land being a twenty -foot portion of a 55 foot irrigation easement on the recorded plat at 3821 Brian Avenue of Canyon County, Idaho , more particularly described in attachments. The request made is to correct an easement encroachment of the home at 3821 Brian Avenue, 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 17th day of June 2019. APPROVED BY THE MAYOR of the City of Caldwell, Idaho, this 17th day of June 2019. A City Clerk Mayor �.•••• CITY Op . •• �NCORp �9� ,,: • 8 • 09010 ...•••••p ,,��'','Y. 15% P`'•••• • _ Skinner sand Survey Precision Land Surveyors, P.C. 17842 Sand Hollow Road Caldwelljdaho 83607 (208)454-0933 WWW. SKINNEPJM NDS UR VEY. COM surveys@skinnerlandsurvey. com Legal Description. for :Brock Salisbury Job No. MY0519 20 Foot Easement Vacation Thomas J. Wellard, PLS Rodney Clark, PE May 20, 2019 - This easement lies in Lot 5, Block of Rosewood Subdivision as shown in.Book 7 of Plats at Page 14 in the Office of the Recorder for Canyon County, Idaho, lying in the SW 1/4 SW `/ of Section 34 in Township 4 North, Range 3 West of the Boise Meridian, Canyon County, Idaho and is more particularly described as follows: COMMENCING'atthe Southwest corner, ofsaid L6t;'5, Block3,; thence North 00°12'30" West along the West boundary of said Lot 5, Block3 .a distance of 49.49 feet to the TRUE POINT OF BEGINNING, said point on the existing drain ditch easement being 55.00 feet southeast and parallel with the North boundary of said Lot 5; thence continuing North 00612'36" West, a distance of 22.82 feet to a point on a line that is parallel with and 35.00 feet southeasterly of the North boundary of said Lot 5; thence. North 61°.00'45" East, along said linea distance of 152.99 feet to the East boundary ofsaid 5; thence South 14°43'30" East, along said East boundarya distance of 20.64 feet to the existing..drain ditch easement; thence South 61'00'45 " West, along said easement a distance of 158.89 feet to the TRUE POINT OF BEGINNING, and being subject to any and all easement and rights of way of record or implied. Page 1. of 1 ROSEWOOD - SUBDIVISION IN CANYON COUNTY, IDAHO 4 SWI14 Secflan 34; Torrid!; 4 NarfA; Ran» J Watt o/ 1h. Baits mrfdtaa ad oa to//ora: of told. Soct/on 34; Tbeac, 118.9",:30.,5. ofoay m, Sadb boundary of told ,9 fest to Ins TROE POINT OF marm'lN6- tl LT2.24 /e.t to a po.1t an NII. elntrlme of a nrlam drain d1tek CtMaf1/n1 of said dmk? dilch a diWCAW of 374.89 foot to a POW o0 the a! Roy Aranu, as b—lod on to. PlW o/ Afc canny Subdmnan as file is Ma oMa of /M Recordr of Coayoa Cowry, IdaM- uLnded EatI aaundory of Ray Arenoe a 4=.m of 90.10 hell n a eurre to too /eN w b rad/ut 374.83 fiat sad rA.- loop chord a# -- or P7. leaf- r 42.1I� . an a awr0 to the rfpAt viA4 raa'w 20120 lea! and That. /any Mand eeora 86 1.ef` If /66.07 fitl to o Pant an Me Swift D~dwy of sold S.al-341 t Soa/A boundary a d/tAaxe of 607, S9 /Set to the TRUE PONT OF . - Mara ar 1111 S£ Crow SW /74 Sec. 34: _�, R3W,8K M STATE OF IDAHO S.S. COUNTY' OF CANYON /, RONALD M. 9LAfLtY, a, Repsltrmd FWasalanal 5090— /a and far said county oad Stat., do Mreby C-fify IAat the surrey of ROSEWOOD 5!!8DfwSwN In Canyon cb-*ry MO&O, at des -dud 10 l4k Plot raa mod, Ay ma or uadw M dbeat/aa oad that W. ./of c -I/y 'hart Me -my oa -add.. IN WITNESS WHEREV1 / Aero hereunto set My Aoad and too! 1961, `a 0 PRO s 878 C' PROf£SSlONAC &KWEER 0 STATE OF IDAHO SS COUNrY OF CANYON 0, tMa2iS�—.y of 41-1 AQ 1964, D.mr. me. N, w r 11 _ n v o nolary public m oad for the said C—w r and Stott pertanaRy Oppeomd RONALD Al. 6LAOMrY, mora to m. to be tA1 person WA.— name ,s subscribed /o /M lompoiep 0srrumaM and—knor/edo d to me fhal he .muted /Ae same, IN WITNESS WN£R£OF ; dare hereunto sal my hand and seal INs1G} daynr-r / Ap�9,6r4f NOTARY PJBL/C4^-"'L'P Residnp of I--- r/ SJditn My comtn/ssian aspires ^r' -....r^ /966 f Aar ay ""My Met /Alt hvl—W as !bled ter r~;r— at the roqurrt, of T .+- A! Oaf's el�Ee_mlavlsr pasllfl—Q'GloetdK /M"t �'• day o! dA= / , AQ 4964. Fee mstraman/ Ns S.•djp:5E-6 Ali • ^� Diet � k• t fcs, � e;' r.�10 r jf mm - .c a�a c y M MEMORANDUM TO: Caldwell City Council Meeting Date June 17th , 2019 7�1 AGENDA ITEM INFORMATION 1. SUBJECT. Approve Vacation of 20' of a 55' maintenance p p easement on the "B" drain at 3821 Brian Avenue. Waive three- reading requirement X to Initials Department Submittals mark Building Department CDBG Clerk City Attorney Finance Department Human Resources Planning & Zoning Fire Department Police Department Public Works Street Department Water Department W WTP Engineering X Mapping COSTIMPACT. N/A Parks and Recreation FUNDING SOURCE: N/A Airport Information Systems TIMELINE: N/A Golf Course OTHER: CMID X Gs SUMMARY STATEMENT. The property owner requested to vacate 20' of the 55' maintenance easement on the "B" drain, leaving 35'. Engineering and CMID Irrigation have reviewed the request and have no issue moving forward on this vacation. The purpose of the vacation is to correct an excessive encroachment and make the property saleable. RECOMMENDED ACTION: It is the recommendation of the Engineering Manager that Council consider he proposed vacation.