HomeMy WebLinkAboutDOCUMENTS - 07-00569 - BYUI - Street Vacations•
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BRIGHAM YOUNG
UN IV E R S IT Y
IDAHO
April 27,2007
City of Rexburg
John Millar, Public Works Director
12 North Center Street
Rexburg, ID 83440
Dear John,
As discussed in our recent meeting, on behalf of BYU- Idaho, I hereby request that those
portions of Fouth South Street which are interior to the BYU -Idaho campus and more commonly
known as East Viking Drive and West Viking Drive, together with that portion of South Center
Street which is also interior to campus and remains a public right -of -way be abandoned and
vacated. As an alternative to vacation and abandonment, the University is very interested in
exploring the possibility of exchanging the above rights -of -way for other University properties
which the City may desire to acquire for future transportation needs.
At your earliest convenience, I would request a meeting with you, the Mayor, and the City
Attorney to discuss this request.
Sincerely,
Richard F. Smith
Richard F. Smith Counsel P O Box 8, Rexburg, Idaho 83440
Phone (208) 390 -7000 Fax(208)356-5959 E -mail rfsmith(okableone.net
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2008 -02-04 0 . : No. of Pages: f
Recorded for: CITY OF RE URG
MARILYN R. RAMIU33EN Fee: 4100
QUITCLAIM DEEfj -OM c 10 Record
THIS INDENTURE, made this 19' day of December, 2007, between the City of
Rexburg, a municipal corporation of the State of Idaho, of 12 North Center Street, Rexburg,
Madison County, Idaho, hereinafter referred to as Grantor, and Brigham Young University- Idaho, a
Utah Non -Profit Corporation: Attn: Jim Smyth, Kimball 200, 83460 -1650; hereinafter referred to as
Grantees,
WITNESSETH:
That the said Grantors, for good and valuable consideration, to them in hand received by the
Grantee, the receipt whereof is hereby acknowledged, do by these presents remise, release and
forever QUITCLAIM unto the said Grantee, and to their heirs and assigns forever, all the
following described real estate, situated in Madison County, State of Idaho, to -wit:
All of Viking Drive also known as 4`' South between V West and 2" East; and all of Center
Street between Viking Drive and Sage Street.
Together with all and singular the tenements, hereditaments and appurtenances thereunto
belonging or in anywise appertaining, and the reversion and reversions, remainder and remainders,
and rents, issues and profits thereof;
TO HAVE AND TO HOLD, all and singular, the said premises, together with the
appurtenances, unto the said Grantees, and to their heirs and assigns forever.
IN WITNESS WHEREOF, the said Grantors have hereunto set their hands and seals the
day and year first above written.
Ar�----
Shawn Larsen
(Mayor) City of Rexburg
STATE OF IDAHO, )
)SS.
County of Madison. )
On this 1 day of February, 2008, before me, the undersigned, a Notary Public in and
for the State of Idaho, personally appeared Shaun Larsen (Mayor of Rexburg) known or
identified to me to be the person whose name is subscribed to the within instrument and
acknowledged to me he executed the same.
P,"13 0 y Notary Public for the State of I&K6
Residing at: VrMpft)� &U
♦flt AA Y My commission expires: - 1 u
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T CITY OF
REXBURG
Americas Family Community
Findings of Fact
City of Rexburg
12 North Center Phone: 208.359.3020
Rexburg, ID 83440 www.rexburg.org Fax: 208.359.3022
BYU -Idaho
Street Vacation
1. On April 27, 2007, Richard Smith requested in writing the vacation of those portions of e South
and South Center which are interior to the BYU -Idaho campus.
2. On November 15, 2007, Stephen Zollinger presented to the Planning & Zoning Commission for the
City of Rexburg the Request for the vacation of the remaining portion of Viking Drive between 1st
West and 2nd East, and the stretch of Center Street from Viking Drive to approximately 5 South.
Randall Porter motioned to recommend to City Council to approve the street vacations as
proposed. Dan Hanna seconded the motion. None opposed. Motion carried.
3. On December 19, 2007 Council Member Young asked if it was a formal written request from the
University or was it a City request. Richard Smith said the University did make a formal written
request last spring.
Council Member Stevens said in the spirit of cooperation, moved to vacate East Viking Drive,
West Viking Drive and the portion of 4 South to the University the property as presented. Council
Member Benfield seconded the motion. All voted aye, none opposed. The motion carried.
0 0
NOTICE OF PUBLIC HEARING
NOTICE IS HEREBY GIVEN, that a Public Hearing will be held before the City Council of
the City of Rexburg, Idaho, Wednesday, December 19, 2007 at 7:20 p.m., in the City Council
Chambers of the City Building at 12 North Center, Rexburg, Idaho, pertaining to vacating a part
of Viking Drive and the south end of Center Street located in the Parker Addition to Rexburg,
Section 30, Township 6 North, Range 40 East, B.M. Madison County, Idaho, more particularly
described as:
All of Viking Drive also known as 4 South between 1 West and 2 nd East; and
All of Center Street between Viking Drive and Sage Street.
At such hearing the City Council will hear all persons and all objections and recommendations
relative to such proposed action. The City Clerk will also accept written comments at City Hall
prior to 4:00 p.m. on December 18 2007.
This notice is given pursuant to the provisions of Section 67 -6509 and 67 -6511 Idaho Code, and
all amendments thereof.
DATED this 21 st day of November, 2007.
CITY OF REXBURG
RpOR '�l'� a
By
Blair D. Kay, City Clerk
Published: December O 1 2007
December 15 th , 2007