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HomeMy WebLinkAboutORDINANCE NO. 450 VACATING PORTION OAK AVE & MAPLE DR - TYPED ORDINANCE NO. 450 AN ORDINANCE VACATING AND CLOSING OAK AVENUE NORTH OF THE CENTER LINE OF MAPLE DRIVE; AND VACATING AND CLOSING THAT PORTION OF MAPLE DRIVE ADJACENT TO LOT 12 OF BLOCK 2 OF THE POWELL MODIFICATION PLAT OF A PORTION OF THE RIGBY ADDITION TO THE CITY OF REXBURG, AS PER THE PLAT RECORDED ON MARCH 27, 1957, WHICH PORTION DOES NOT APPEAR ON THAT CERTAIN POWELL MODIFICATION PLAT OF PORTION OF THE RIGBY ADDITION TO THE CITY OF REXBURG, DIVISION II, ACCEPTED BY THE CITY OF REXBURG ON MAY 29, 1964; AND DIRECTING CONVEYANCE OF SAID PORTIONS OF SAID STREETS TO THE ADJACENT OWNERS. BE IT ORDAINED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF REXBURG, IDAHO: Section 1: That certain plat designated Powell Modification Plat of Portion of the Rigby Addition of the City of Rexburg was duly executed, approved, and recorded with the County Recorder of Madison County, Idaho, on March 27, 1957, as Instrument Number 107892 in the Plat Book of Said office. Said plat is hereafter referred to as Original Plat. Section 2: By that certain plat designated Re-plat of part of Powell Modification Plat of Portion of the Rigby Addition to the City of Rexburg,the Original Plat was modified in some particulars. Said re-plat was recorded with the County Recorder of Madison County, Idaho, on January 29, 1960, as Instrument Number 114189 in the Plat Book of said office, and will hereafter be referred to as First Re-plat. Section 3: That certain plat designated Powell Modification Plat of portion of the Rigby Addition to the City of Rexburg, Division II, was accepted and approved by the Mayor and City Council of the City of Rexburg, Idaho, by resolution adopted May 29, 1964, and has not yet been recorded with the County Recorder of Madison County, Idaho. Said plat is hereafter designated Second Re-plat and modifies the Original Plat, and the First Re-plat and in addition plats additional area no included in the previous plats. Section 4: There is on file at the city offices of Rexburg, Idaho, a certificate by Clayter Forsgren, Registered Civil Engineer verifying that the First Re-plat contains technical corrections as to the platting of certain streets and utility easements as shown on the Original Plat, but does not require that any streets or utility easement be vacated, closed or discontinued; that the Second Re-plat does not require that any streets or utility easement be vacated, closed or discontinued, except only as specified in Section 5 hereof. Section 5: That portion of Oak Avenue lying North of the center line of Maple Drive, and as appearing on the original Plat and on the First Re-plat, is hereby vacated, closed and discontinued. That portion of Maple Drive lying adjacent to Lot 12 of Clock 2 as shown on the Original Plat and on the First Re-plat, but which does not appear on the Second Re-plat, (all of which is North of the center line of Maple Drive) is to vacate, close and discontinue those portions of Oak Avenue and Maple Drive appearing on the Original Plat and the First Re-plat, and which do not appear on the Second Re-plat. Section 6: The acceptance of the first Re-plat and the acceptance of the Second Re-plat are hereby confirmed and ratified. The streets, utility easements, lots, and blocks in the area covered by the said plats are as shown on the Original Plat as modified by the First Re-plat and as further modified and extended by the Second Re-plat. Section 7: The Mayor of the City of Rexburg is authorized and directed to convey said vacated portions of said streets as follows: a. To Don T. Ellis and Donn C. Ellis, his wife, all of the vacated portion of Maple Drive and that part of the vacated portion of Oak Avenue lying West of the center line of said portion as shown on the Original Plat b. To Merlin R. Muir and Elaine B. Muir, his wife, that part of the vacated portion of Oak Avenue lying East of the center line of said portion as shown on the Original Plat. Section 8: This ordinance shall be published within 30 days in the Rexburg Journal and shall be effective upon its publication in said paper. A certified copy of the Ordinance shall be recorded with the Madison County Recorder. rd PASSED by the City Council this 3 day of March, 1965. rd APPROVED BY THE MAYOR this 3 day of March, 1965. Mayor Gilbert L. Larsen ATTEST: J.A. Smith City Clerk (Seal)