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0624 Vacate Easements - Mingo Subdivision 2006CITY OF CHUBBUCK, IDAHO ORDINANCE NO. 624 AN ORDINANCE OF THE CITY OF CHUBBUCK, IDAHO, TO VACATE CERTAIN EASEMENTS IN THE MINGO SUBDIVISION THAT ARE NOT USED BY THE CITY; REPEALING PRIOR CONFLICTING ORDINANCES; PROVIDING FOR THE SEVERABILITY OF THE PROVISIONS OF THIS ORDINANCE; AND PROVIDING WHEN THIS ORDINANCE SHALL BECOME EFFECTIVE. BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE CITY OF CHUBBUCK, IDAHO: Section 1. Vacation. The following easements in the Mingo Subdivision, and more particularly described as follows, are hereby vacated: 1. West 25 feet of Lots 1, 2, 3, 4, 5 and 6, Block 1, Mingo Subdivision 2. West 25 feet of Lot 1, Block 4, Mingo Subdivision 3. East 25 feet of Lots 1, 3, 4 and 5, Block 2, Mingo Subdivision 4. South 25 feet of Lot 1 Block 1, and Lot 1, Block 2, Mingo Subdivision 5. Commencing at a point 190 feet directly North of the NE corner of the S 1/2 of the E 1/2 of the SW 1/4 of the NW 1/4 of Section 3, Township 6 S, Range 34 EBM, said point also being the SE corner of Lot 4, Block 3, Mingo Subdivision, as the same appears in the proposed plat thereof prepared by L. H. Ballif Associates; thence easterly on a direct line with the South boundary of said Lot 4 a distance of 50 feet to a point; thence northerly at an angle 90° with the course last described a distance of 139.15 feet to a point; thence westerly at an angle 90° with the course last described a distance of 50 feet to a point being also the NE corner of said Lot 4; thence South at an angle 90° with the course last described along the East boundary of said Lot 4 a distance of 139.15 feet to the point of beginning. Section 2. These easements were granted to the City by easements recorded in the records of Bannock County as Instruments numbered 367831, 367832, 367833, 367834, 367835, 367836 and 367837; however, these easements have not been used by the City and do not need to Ordinance - Page 1 chubbuck092706.ord re mingo be preserved for City use. Any easements granted by the above-described documents for which the real estate is not described herein are not abandoned but shall remain in effect. Section 3. The Chubbuck City Clerk is hereby directed to cause the ordinance to be recorded in the records of Bannock County. ADMINISTRATIVE PROVISIONS Section 1. Repeal of Conflicting Ordinances. The provisions of any Ordinance of the City of Chubbuck, Idaho, and any provision of the Chubbuck Municipal Code which are in conflict with the provisions of this Ordinance are hereby repealed to the extent of such conflict. Section 2. Severability. If any provision of this ordinance is held invalid, for any reason, by any court of competent jurisdiction, such holding shall not affect the validity or enforceability of any of the remaining provisions. 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 hereby dispensed with, and this Ordinance shall become effective upon its passage, approval and publication as provided by law. PASSED BY THE COUNCIL AND APPROVED BY THE MAYOR OF THE CITY OF CHUBBUCK, IDAHO, this 10THdayof OCTOBER , 2006. /4SVEN M. ENGLAND, 61AYOR ATTEST: RON C. CONLIN, CITY CLERK Ordinance - Page 2 chubbuck092706.ordre mingo