HomeMy WebLinkAboutALL DOCS - 12-00033 - 3rd S from 4th W to 5th W - VacationJackSommer 2o83uez
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IN T}IE MATTER OF THE
vAcATloN oF CERTAIN STREETS )
IN THE CITY OF REXBURG
MADISON COUNTY. STATE OF IDAHO,)
Theundersigned._ Jack SoESer & Fvlvan B. Seelv
hereby request that thc Rexburg Ciiy- Council vacate the platted
streets rvhiclr are: (name and location) Ttrird South between 4th
rrraqt & sth t{esL in Rexburq Cit.v Limits
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PETITION TO VACA
CERTAIN PLATTED
STREETS IN THE
CITY OF RSXBURG
The legal descriptions of the
follows: TO BE PROVIDED
platted slrcets to be vacated are as
BY CI?Y MRSONNIE'L
reason for this request is:Noted roadway e:senrent
of
The names and addresses of thc persons affected by this
L"d 0996-?99 08t syods:o1oy1 o.r6 +
JackSommer 2o835U)2
request to vacate sueels are as follows (Attach ex11.a sheet if needed):
Jack Sonrmer - 3887 N- 3000 tr]- - Rexburg' ID 83440
Sylvan F.. 5ee1y - 1175 S- 5th- 14I- - Re)<buLg' ID 83440
We request (hat a public hearing bc he ld Pursuant to ldaho
larv (ldaho code, sections 50 1306A) and raquest that following such
hearing, these streets be vacated.
DATED this lgth day of January-+g 2OL2
All of the undersigned are in favor of the proposed vacatlon
of tlrese stre€ts:
p.3
z'd 0996-?99 08t suodsJolol J old
ctlY os
REXBI.IRG
,Afi e ici,3 i iltrtlt' ()ilnfi n nil\'
ORDINANCElOT9
AN ORDINAT{CE VACATING AND CLOSING A PORTION OF
THE RIGHT-OF-WAY FOR 3d SOUTH IN THE CITY OF
REXBURG, IDAHO, AND DIRECTING TIIAT THE VACATEDpRopERTy BE COI\rVEYED TO THE NUOTNTNG pROpERTy
OWNERS
BE IT ORDAINED BYTHE NAYORAND CI1Y COUNCIL OFTHE CITY
OF REXBURG, IDAHO:
SECTION I: l'trat the following described platted right-of-way for 3d South
behreen 4th lVest and 5th West of the City of Rexburg, Idaho, to-wit:
Sfteet nght-of-way fot 3d South between 4th !0est and 5th West situated in Rexburg,
I\'Iadison County, Sate of Idaho;
is hereby vacated, closed and discontinued for the exclusive use of the ownen of the
adjacent real estate as ptovided by the statutes of the State of Idaho. Tide to said portion of
the street right-of-way so lacated shall tevett to the adioining property owners, and the
Mayor and City Clerk are directed to execute to said ownes in the name of the City of
Rexburg a Quitclaim Deed to the portion of said sueet right-of-way so vacated and closed
as ptovided by law, subiect to reversion to the City of Rexburg, Idaho, in the event the
pfesent Pfoperrty ourners eve! attempt to sell or dispose of said properry.
Any and all existing easements for public utilities located in the portion of the vacated
right-of-rvay of said street shall remain as public €asements and are not vacated.
SECTION [I: The vacation of such portion of the right-of-way for !'ista Avenue is
deemed expedient for the public good as it will promote the ordedy development of said
ate ,
SECTION III: This ordirunce shall take effect and be in full force and effect from
and after its passage, approval and due publication as ptovided by law.
PASSED BY THE CilY COUNCIL AND ApPltO\rED BY TT{E ITAYOR this t5th dey
of Febnary,2012.
Blair D. Kay, City Clerk
STATEOFIDAHO)
)r"
Counqv of Madison )
I, BLAIR D. KAY, ciry clerk of the ciq- of Rexbug, Idaho, do herebv certi$: That
the above and foregoing is a frrll, true and cortect copv of the ordinance entitled:
AI\ ORDINAI\CE VACATINGAIVD CLOSTNGAPORTION OF THERIGHT-OF-WAYFOR3RD SOUTH INTHE CITYOF REXBURG, TDAHO, AND
DIRECTING TT{AT THE VACATED PROPERTY BE CO}WEYED TO THEADJOTNTNG PROPERTY OWNERS
PASSED BY THE CITY couNcIL AND APPROVED By rHE MAyoR this 15s dav
of February, 2012.
(]r.r Yol
REXBURG
i r,, r,:: 1r t,, I qt n ri iI \: li )it I 4 Ir1 tr n i t \
ORDINANCE 1079
AN ORDINANCE VACATING AND CLOSING A PORTION OF
THE RIGHT,OF.WAY FOR 3'A SOUTH IN THE CITY OF
REXBURG,IDAHO, AND DIRECTING THAT THE VACATED
PROPERTY BE CONVEYED TO THE ADJOINING PROPERTY
OWNERS
BE IT ORDAINED BY THE N,4,{YOR AND CITY COUNCIL OF THE CITY
OF RE,XBURG, IDAHO:
SECTION I: That the following described platted right-of-way for 3'd South
between 4tl. \il7est 21d 5tt West of the City of Rexburg, Idaho, to-wit:
Street right-of-wa| for J"t South between 4rl, \West and 5th West situatsd in Rsvh"ro
Mad-ison Counry, State of Idaho;
*! r\v^uqr5'
is hereby vacated, closed and discontrnued for the exclusive use of the owners of the
adjacent real estate as provided by the statutes of the State of Idaho. Title to said portion of
the street right-of-way so vacated shall revert to the adjoining property owners, and the
Mayor and City Cletk are directed to execute to said owners in the name of the City of
Rexburg, a Quitclaim Deed to the poruon of said street right- of-way so vacated and closed
as provided by law, subject to teversion to the City of Rexburg, Idaho, in the event the
pfesent propefty owners ever attempt to sell or dispose of said propefry.
Any and all existing easements for public utilities located in the poruon of the vacated
right-of-way of said street shall remain as public easements and are not vacated.
SECTION II: The vacation of such portion of the right-of-way for Vista Avenue is
deemed expedient for the public good as it will promote the orderly development of said
area,
SECTION III: This ordinance shall take effect and be in full force and effect from
and after its passage, approval and due publicatron as provided by law.
PASSED tsY THE CITY COUNCIL AND APPROVED BY THE MAYOR ttus 15th day
of Februarv.201.2.
ATTEST:
-Fl,o,uu I Kr"l
ffi@
STATE OF rDAHO)
JSS
County of Madison )
I, BLAIR D. KAY, City Clerk of the Ciry of Rexburg, Idaho, do hereby cerufy: That
the above and foregorng is a full, true and correct copy of the Ordinance entitled:
AN ORDINANCE VACATING AND CLOSING A PORTION OF THE
RIGHT-OF-WAY FOR 3RD SOUTH IN THE CITY OF REXBURG, IDAHO, AND
DIRECTING THAT THE VACATED PROPERTY BE CONTVEYED TO THE
ADJOINING PROPERTY OWNERS
PASSED BY THE CITY COUNCIL AND APPROVED BY THE MAYOR this 15th dav
of Februarv.201,2.
Blair D. I(ay, City Clerk
Findings of Focf
City of Rexburg
Phone: 208.359.3020
Fox: 208.359.3022
Abandon a portion of 3'o South
Between 4'n \7est and 5'" Sfest
on 3'd South between 4s West and 5'h Sfest - Staff
Written corespondence: NONE
Facts to offer into the recotd by City Council members: NONE
Public Testimony in favor of the proposal (5 minute limit): NONE
Public Testimony neutal to the proposal (5 minute limit): NONE
Public Testimony opposed to the proposal (5 minute limit): NONE
Rebuttal by applicant: NONE
Mayor Woodland closed the hearing for deliberations:
Council Member Smith asked about the process to vacate. City Attorney ZollTnger
explained the process.
Council President Mann reviewed the parcels in question on the overhead screen. City
Attomey Zolhnger reviewed the four parcels involved in the action. These fout parcels
would have the street right-of-way split and deeded to them.
the vacation of stteet right-of-way on 3'o
Member Suthedand seconded the motion:
Those votins nav
None
CITY OT
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An*riut"s Fanily Ct mnunity35 Norlh l,tEosl
Rexburg, lD 83440 www.rexburg.org
Public Hearing on Februaw 15.2012:
A. 7:20 P.M. - Yacate street dght-of-way
Presentation by staff:
Presentation by applicant City action
Council Member Metdll moved to approve
South between 4th West and 5'h West; Council
Mavot Woodland asked for a vote:
Those voting aye
Council President Mann
Council Member Busby
Council Member Benfield
Council Membet Merrill
Council Member Smith
Council Member Sutheriand
The motion carried.
NoTIcE Is HEREB' GIVEN, rhat,apublic Hearing 1ili^be held befote the ^city council of the
citv of Rexburg,Idaho, wednesday' F"b;;;5 'i9i1zt'Z'1'; p;''i" t" city c3uncil chambets
of the city Buildin g;r\sNorth t-i n'o._.,.ilJuurg, Idaho, *g-iiog " ^c^t\ngt"i:l* city fught-of-
wav on 3d South fr;;;; w.rt to 5" w;r;; ;; city of Rexburgl Portions of the said property
hurr. be"n previously deeded to adiacent i;;;;;;.rs. The said priperty is part if- the street right-ot-
way; however, the said ptoperty is not.part of the city street 'y'it-'i" Ii"*b.,rg' Madison Countf'
Idaho, and rnore pu'ott'tut-ty described as follows:
Streetright-of-wayon3,dSouthbetween4thWestand5,hWestsituatedinRexburg,Madison
CountY, State of Idaho'
AtsuchheadngtheCityCouncilwilllrearallpersons.?lqu[obiectionsandrecornmendations
telarive to such propor"d vacadon' *:: g,t','JlL*:flpt *'1'ji1 ::::::t:::::?#:*""
priot to 4:00 p.m' t'"J;;; 14$:?01.2' This notice is given pursuant to thepr
SO_t+Ot, t40Z,l4O3,l4O4,and1405 of;he i;ho Code, u"d "li amendrnents thereof'
1'n duy of JanuarY, 2012'
Publishedi" jrttrrury 26tn, 2012
February 1Yn,201'2
CITY OF REXBURG
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County/ City of Rexburg GIS
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