HomeMy WebLinkAboutORD 32972020-054668
RECORDED
09/22/2020 03:33 PM
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CHRIS YAMAMOTO
BILL NO. 50 CANYON COUNTY RECORDER
Pgs=2 LBERG NO FEE
ORDINANCE NO. 3297 ORDINANCE
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AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CALDWELL, IDAHO,
VACATING A SECTION OF UNOPENED RIGHT-OF-WAY AT 223 WEST ASH STREET IN
EXCHANGE FOR A SECTION OF RIGHT-OF-WAY FOR THE FUTURE CONTINUATION OF
SUNSET AVENUE; 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, 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 within 300'
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:
A portion of Tract 32 of the Pioneer Subdivision lying in the N '/z NE '/4 SW '/4 SE ''A of Section 28 in
Township 4 North Range 3 West of the Boise Meridian, Canyon County, Idaho as depicted on Exhibit'A'
and more particularly described as follows:
COMMENCING at the NW corner of said N '/z NE '/4 SW '/4 SE '/4 (CW -SE 1/64 Corner, Section 28);
thence South 00°22'08" West, 330.33 feet along the West boundary of said N '/z NE '/4 SW '/4 SE'/4 to the
SW corner of said N '/2 NE '/4 SW '/4 SE '/4; thence South 89°24'35" East, 28.00 feet along the South
boundary of said N''/z NE'/4 SW '/4 SE'/4 to a point on the East right-of-way of Sunset Avenue, the POINT
OF BEGINNING; thence North 00°22'08" East, 25.00 feet along said East right-of-way; thence South
89°24'35" East, 104.00 feet parallel with said South boundary of the N % NE '/4 SW '/4 SE '/4; thence South
00°22'08" West, 25.00 feet parallel with said West boundary of the N '/z NE '/4 SW '/4 SE '/4 to a point on
said South boundary of the N '/z NE '/4 SW '/4 SE '/4; thence North 89°24'35" West, 104.00 feet along said
South boundary to the POINT OF BEGINNING. Contains 0.060 acres, more or less.
Section 1. 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 2. That said RIGHT-OF-WAY does not contain public or private utility lines.
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 no rights of any third parties, other than the City of Caldwell, will be affected by the right-
of-way vacation;
Section 5. 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 6. This vacation is subject to the following precedent conditions:
a. PETITIONER shall provide, by separately recorded instrument, a section of ROW on the west side
of the property 25' wide and a distance of 280.33 feet for future continuation of Sunset Avenue as
described in the attached Warranty Deed.
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.
Section 8. 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 Mr. and Mrs David E. Price,
223 Ash Street, Caldwell, Idaho.
PASSED BY THE COUNCIL OF THE CITY OF CALDW ELL, IDAHO, this 21 st day of September
2020.
APPROVED BY THE MAYOR OF THE CITY OF CALDWELL, IDAHO, this 21 st day of September
2020.
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Mayor Garret L. Nancolas
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ATTEST:
City Clerk
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ATTEST:
City Clerk
MEMORANDUM
TO: Caldwell City Council
Meeting Date September 21 , 2020
AGENDA ITEM INFORMATION
1. SUBJECT: Approve vacation of a section of unopened
Right -of -Way at 223 Ash in exchange for a section of Right -of-
Way on the west side of the property needed for the future
continuation of Sunset Avenue.
Department Submittals X to Initials
mark
Building Department
CDBG
Clerk
City Attorney
Finance Department
Human Resources
Planning & Zoning
Fire Department
Police Department
Public Works X
Street Department
Water Department
W WTP
Engineering
Mapping K 14
COSTIMPACT.
N/A
Parks and Recreation
FUNDING
SOURCE:
N/A
Airport
Information Systems
TIMELINE:
On recording of documents
Golf Course
OTHER:
SUMMARY STA TEMENT.• Mr. Price petitioned the City to vacate unopened right-of-way at the
north end of his property at 223 Ash in exchange for a section of right-of-way on the west side of the
property needed for the future continuation of Sunset Avenue.
Property owners within 300 feet of the vacated right-of-way have been notified of the vacation and
publication of this hearing has occurred as required by law. Public utilities were also notified and have
no objections to the Right -of -Way vacation.
ttached for consideration of City Council is a proposed ordinance which, if approved, would vacate the
right-of-way listed above in accordance with the applicant's request. The applicant would like this
request to be passed on the first reading.
RECOMMENDED ACTION: The Public Works Director has reviewed and recommends approval of the
attached Ordinance.
Print Date. 02 Seo 2020