HomeMy WebLinkAbout0757 Vacating Eagle Drive✓� CITY OF CHUBBUCK, IDAHO 121611793
ORDINANCE NO. J,T
AN ORDINANCE OF THE CITY OF CHUBBUCK, IDAHO, VACATING EAGLE
DRIVE; REPEALING PRIOR CONFLICTING ORDINANCES; PROVIDING FOR
THE SEVERABILITY OF THE PROVISIONS OF THIS ORDINANCE; AND
PROVIDING WHEN THIS ORDINANCE IS EFFECTIVE.
BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE CITY OF
CHUBBUCK, IDAHO:
Section 1. Facts. Mobile Manor 2nd Addition platted a street, Eagle Drive, that was
never improved. Patriot Real Estate has proposed a plat of Patriot Square Commercial
Subdivision. The developer has requested the vacation of Eagle Drive as platted in the Mobile
Manor 2nd Addition Plat recorded as Instrument No. 562111 in the records of Bannock
County, Idaho. Idaho Code §50-311 sets forth the procedure for vacation of a street and Idaho
Code §50-1321 requires for a street in a platted subdivision to be vacated that adjoining lot
owners consent unless the street has not been open or used by the public for a period of five
years. The developer of Patriot Square Commercial Subdivision owns the subject real estate
and has requested said vacation thereby consenting thereto in accordance with the statute.
Eagle Drive has not been open or used by the public for a period of five years.
Section 2. Vacation. Eagle Drive as depicted on Mobile Manor 2nd Addition
Subdivision plat recorded as Instrument No. 562111 and as legally described on the attached
exhibit is hereby vacated.
ADMINISTRATIVE PROVISIONS
Section 1. Repeal of Conflicting Ordinances. The provisions of any Ordinance of the
City and any provision of the Municipal Code which are in conflict with the provisions of this
Ordinance are repealed to the extent of such conflict.
Section 2. Severability. The sections of this ordinance are severable. The invalidity of
a section shall not affect the validity of the remaining sections.
Ordinance - Page 1
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21611793
Section 3. Effective Date. The rule requiring an ordinance to be read on three separate
days, one of which shall be a reading in full, is dispensed with, and this Ordinance shall
become effective upon its passage, approval and publication.
PASSED BY THE COUNCIL AND APPROVED BY THE MAYOR OF THE CITY
OF CHUBBUCK, IDAHO, this 67 day of , 2016.
r
Kevin B. England, YOR
ATTEST:
Richard Morgan;,CITY CLERK
Ordinance - Page 2
chubbuck060616.eagle dr ord.wpd
STATE OF HIAHO
COUNTY OF OMNOCK
appeared before me _.rP
Notary Public proving to me to be the sibme signer on tffe
beans of satlsfactory evidence.
Nolary Public: ���..
MyCommission
Resift In: Resin: c� sX7
DIOP�I'R�
A Company of Gdomatic s Profasionsh
Eagle Drive
Vacation
Part of Section 10, Township 6 South, Range 34 East Boise Meridian, Bannock county, Idaho,
described as;
Commencing at the Northeast Corner of Section 10 and running thence N 89°28'08" W 734.57
feet along the north line of said section, thence S 00°31'52" W 40.00 feet to the True Point of
Beginning;
Thence S 44®48'42" W 33.45 feet along said south right -of way line to the east right-of-way line
of Eagle Drive;
Thence S 01°07'47" E 507.73 feet along said east right-of-way line;
Thence S 03°31'52" E 72.28 feet along said east right-of-way line to the southwest corner of Lot
13 Block 5 Mobile Manor 2nd Addition Instr. #562111;
Thence N 78°11'21" W 51.85 feet to the west right-of-way line of said Eagle Drive, being the
southeast corner of Lot 10 Block 8 of said Mobile Manor 2"d Addition;
Thence N 03°31'52" W 59.61 feet along said west right-of-way line;
Thence N 01007'47" W 510.12 feet along said west right-of-way line to said south right-of-way
line of East Chubbuck Road;
Thence N 45°11'18" W 34.45 feet along said south right-of-way line;
Thence S 89x28'08" E 98.03 feet to the True Point of Beginning.
Parcel contains ±0.70 acres
GEI / SKW
May 10, 2016
Revised. May 23, 2016
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4737 Afton Place, Suite B 208-237-7373
Chubbuck, Idaho 83202
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Eagle Drive Vacation
LOCATED IN NE 9/4 SECTION 10,
TOWNSHIP 6 SOUTH, RANGE 34 EAST, OF THE
BOISE MERIDIAN IN THE COUNTY OF BANNOCK.
A Chubback Road N 89'2$'08" W 3 V1 2
— 734.57'
Northeast Corner
N 45'11'18" W 4 W 31'52" W 10y, Found ITD Bross Ca
34.45' S 44'48'42" W 40.00' p
33.45' Monument set in vault per
N 89'28'69 w _. __......_.... ._... CP&F #20520363
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�; DIC�PTl�A
A Company of Geomatics Professionals
4737 Afton Place, Suite B, Chubbuck, id. 83202 Ph:208-237-7373
www.dioptrageomatics.com
Parcel Boundary
{ x — x Fence Lines
Adjoining Parcels
------------- Easements
Right—of—Way
— — — — — — — Deed Fes
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East Quarter Corner
Found Bannock County
Bross Cap Monument
per CP&F #20520369
10 11
Eagle Drive Vacation
Client: patriot Real Estate Project: 16023
Date: 5-12-16 IDrown By: GEI scale: 1"=40'
SUMMARY OF ORDINANCE NO. S %
An ordinance of the City of Chubbuck, a municipal corporation of the State of Idaho,
vacating Eagle Drive; providing for the severability of the provisions of this ordinance; providing
when this ordinance shall be in effect.
The full text of this ordinance is available at the City Clerk's Office, Chubbuck City
Offices, 5160 Yellowstone, Chubbuck, ID 83202.
I have reviewed the foregoing summary and believe it provides a true and correct
summary of Ordinance No. 7 S land that the summary provides adequate notice to the public
of the contents of this ordinance.
DATED this 6- day of 2016.
Thomas J. Jolmes, City Attorney
SUMMARY OF ORDINANCE - Page 1
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