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Home My WebLink AboutORD 33692021-057915 RECORDED 08/17/2021 04:22 PM IIIIIIIII II IIIIIIIIDIIIIII IIIIIIIIIIIIII IIII I III BILL NO. 50 00639824202100579150040046 CHRIS YAMAMOTO ORDINANCE NO. 3369 CANYON COUNTY RECORDER Pgs=4 MKEYES NO FEE ORDINANCE CITY OF CALDWELL AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CALDWELL, IDAHO, RECITING PETITION FOR VACATION OF RIGHT-OF-WAY BETWEEN SO. INDIANA AND OHIO AVENUES AND E. BEECH AND E. SPRUCE STREETS; RECITING THAT APPROPRIATE NOTICE WAS GIVEN OF PUBLIC HEARING; DETERMINING THAT VACATION OF SAID UNOPENED PUBLIC RIGHT-OF-WAY BE IN THE BEST INTEREST OF THE CITY OF CALDWELL AND THAT SAID PUBLIC 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 unopened public right-of-way described below located in Caldwell, Canyon County, Idaho: Legal description for the vacation of unopened Right -of -Way commencing at the Northeast corner of Tract G of the Mountain view Subdivision to Caldwell, Idaho, the official plat of which is of record and on file in the office of the Recorder of Canyon County, Idaho; This property is also known as 3112 So. Indiana Ave, Caldwell, ID, more particularly described in Exhibit "A" and Exhibit "B"; Section 2. That the Council finds the unopened public right-of-way vacated by this ordinance is not needed nor will again be needed by the public; Section 3. That the Council finds the owners of all properties abutting the unopened public 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 the unopened public right-of- way vacated by this action, have access to his, her, or their property from some other public street, public alley or private road; Section 5. PETITIONER shall incur all cost related to said vacation. Section 6. That said unopened public 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 public right-of-way vacation; Section 7. That the Council finds it to be in the best interest of the public that the above- described unopened public right-of-way in the City of Caldwell, Canyon County, Idaho, be vacated; Section 8. 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 16th day of August, 2021 APPROVED BY THE MAYOR OF THE CITY OF CALDWELL, IDAHO, this 16th day of August, 2021 ATTEST: Mayor Garret L. Nancolas City Clerk CITY-",*., ,.•`'" •,7• '��•IN' � Off, �.,. . Co �, r • 9 0;o ;�, EXHIBIT "A" ORDINANCE 3369 Abandonment Unopened Right -of -Way Description An existing unopened Right -of -Way commencing at the Northeast corner of Tract G of the Mountain view Subdivision to Caldwell, Idaho, the official plat of which is of record and on file in the office of the Recorder of Canyon County, Idaho; Thence West, along the North boundary of said Tract G, 276.15 feet to the True Point of Beginning; Thence South, parallel East boundary of said Tract G, 300.30 feet; Thence West, parallel with the North boundary of said Tract G, 50.00 feet; Thence North, parallel with the East boundary of said Tract G, 300.30 feet; Thence East, along the North boundary of Tract g, 50.00 feet to the point of beginning. t 3122 S Indiana X Q Stow search resuhs for 3122 S ... A E E6_H ET _19!.AE EECIH 3T 11i r,H i( 4.E �. Exhibit "B" 3120 5 Indiana, Caldwell, ID ORDINANCE 3369 'mk: IPM JS >T iW5 _- 3T 1(1 EGEE2H zT j L614E BEE H'T P.ot'_ INC L'Jl4=vE 64WHIPPI 'Lv3RJDP.IJ44:E 04N 1 INE . ,:.�-w:E 32045INEP H4 %.': E MEMORANDUM TO: Caldwell City Council Meeting Date August 16 , 2021 AGENDA ITEM INFORMATION 1. SUBJECT: Approve Vacation of unopened public right-of-way between S. Indiana and Ohio Avenues and E Beech and E Spruce streets Waive three- reading requirement 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 WWTP Engineering Mapping COST IMPACT: N/A Parks and Recreation FUNDING SOURCE: N/A Airport Information Systems TIMELINE: N/A Golf Course OTHER: SUMMARY STATEMENT: John Owens on behalf of Betty Denson requests vacation of unopened public ROW more particularly described in exhibit "A" and as delineated on the attached map Exhibit "B". The purpose of the vacation is to vacate unopened ROW and make the parcel whole again. Public utilities were notified and have no objections to the unopened public ROW vacation. The proposed vacation does not create any landlocked parcels. RECOMMENDED ACTION: It is the recommendation of the Public Works Director that Council consider he proposed vacation. LEGAL NOTICE IS HEREBY GIVEN that the Caldwell City Council will conduct a public hearing in the Caldwell Police Station, 110 So. 5`h Ave., Caldwell, Idaho, Monday, August 16, 2021, 7:00 p.m. to hear the following: A Vacation of unopened Right -of -Way commencing at the Northeast corner of Tract G of the Mountain 4yiew Subdivision to Caldwell, Idaho, the official plat of which is of record and on file in the office of the Recorder of Canyon County, Idaho; This property is also known as 3112 So. Indiana Ave, Caldwell, ID. The purpose of the vacation is to make this property whole again. Please see enclosed Exhibit. Idaho Code, 50-1306A, requires all utilities and property owners within 300 feet of the boundaries of the area to be notified of the hearing. Files and exhibits are on file at City Hall in the Public Work Directors office and are available for you to review any time between 8:00 a.m. and 5:00 p.m. Monday thru Friday. If you need further information, please call Tammy Frans at 455-4734 Publish dates July 27, August 3__, 2021.