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0712 Vacating a Portion of Parrish Lane 2012G X120 7911 CITY OF CHUBBUCK, IDAHO ORDINANCE NO. % / 2 AN ORDINANCE OF THE CITY OF CHUBBUCK, IDAHO, TO VACATE A PORTION OF PARRISH LANE; 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.Intent. The Council and the Chubbuck Development Authority have promoted the development of a major undeveloped area of the City that will promote the growth of commercial development within the City. This area will be served by Knudsen Boulevard; however the Idaho Department of Transportation, as a condition of allowing access to Yellowstone Avenue, required that the Parrish Lane access to Yellowstone Avenue be closed. The City has conducted a Public Hearing regarding the closure in accordance with Idaho Code § 50-1306A and has obtained the written consent of the land owners adjoining that portion of the street to be vacated in accordance with Idaho Code § 50-1321. The City has further determined title to the vacated portion of the street should vest one-half to each of the adjoining property owners in accordance with Idaho Code § 50-311. Alternative access to Yellowstone Avenue has been provided by a portion of Afton Street connecting Parrish Lane and Knudsen Boulevard, which street has been completed by the City. Section 2. Vacation. That portion of Parrish Lane described on Exhibit A is hereby vacated. The half described on Exhibit B shall revert to the landowner to the immediate North of the vacated portion described on Exhibit B, subject to the water line easement described in Exhibit D; the half described on Exhibit C shall revert to the landowner to the immediate South of the vacated portion described on Exhibit C, subject to the sewer line easement described in Exhibit E. The vacated portions shall be taken subject to easements for City water and sewer as described on Exhibits D and E and to gas lines easement retained by Intermountain Gas Company as described on Exhibit F. Section 3. Easements Retained. The easements described on Exhibits D and E shall be retained by the City of Chubbuck in perpetuity and are not abandoned but shall remain in effect. The easement described on Exhibit F shall be retained by Intermountain Gas Company. Section 4. Recordin.a. The Chubbuck City Clerk is hereby directed to cause the ordinance to be recorded in the records of Bannock County. Ordinance . Page 1 chubbuck 020212 ord vacating parrish lane.wpd ADMINISTRATIVE PROVISIONS 2120"7911 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 S day of e , 2012. WdMi f D�� . ATTEST: RICHARD MORGAN, MY CLERK Ordinance - Page 2 chubbuck 020212 ord vacating parrish lane.wpd �3 EXHIBIT A VACATION OF A PORTION OF PARRISH LANE LEGAL DESCRIPTION A parcel of land in Parrish Tracts subdivision, as recorded in instrument no. 275374 in Bannock County, Idaho, located in the Northwest'/4 of Section 10, Township 6 South, Range 34 East, Boise Meridian, Bannock County, Idaho, more particularly described as follows: Commencing at the North '/4 corner of Section 10, Township 6 South, Range 34 East, B.M. being marked by a 3" ITD brass cap in a monument well as described in corner perpetuation recorded as instrument no. 20520362; Thence South 00°22'22" West (basis of bearing per central meridian of east zone of the Idaho State Plane Coordinate System) along the meridional centerline of said section 10 a distance of 1832.72 feet; Thence North 89° 14'41" West a distance of 48.49 feet to point on the southerly right of way of Parrish Lane as shown on the plat for Parrish Tracts subdivision as recorded in instrument no. 275374 in Bannock County, Idaho, also being the POINT OF BEGINNING; Thence North 89°14'41" West along the South right-of-way of said Parrish Lane a distance of 175.88 feet; Thence North 00"I I' 19" East a distance of 50.00 feet to the Southeast corner of Lot 1 of said Parrish Tracts subdivision; Thence South 89'14'41" East along the North right-of-way of Parrish Lane a distance of 175.77 feet; Thence South 00°03'36" West a distance of 50 feet to the POINT OF BEGINNING. Contains 0.20 acres, more or less. Subject however to the retention by the City of Chubbuck of easements for water and sewer on that portion of the property described on Exhibits D and E attached that lies within the boundaries of the property described herein and retention by Intermountain Gas Company of the gas lines easement as described on the attached Exhibit F. Ordinance - Page 3 chubbuck 020212 Ord vacating parrish lane.wpd A EXHIBIT B LEGAL DESCRIPTION Z12�}�y13. NORTH PORTION OF VACATED PARRISH LANE RIGHT-OF-WAY A parcel of land in Parrish Tracts subdivision, as recorded in instrument no. Bannock County, Idaho, located in the Northwest 4 of Section 10, Township 275374 in East, Boise Meridian, Bannock County, Idaho, more particularly described i 6 South, Range 34 Commencing at the North %4 comer of Section 10, Township 6 South 34 East, B.M. being s follows: marked by a 3" ITD brass cap in a monument well as described in corne as instrument no. 20520362; ,Range ge perpetuation recorded Thence South 00022'22" West (basis of bearing per central meridian of east the meridional centerline of said section zone of the Idaho State Plane Coordinate System) along 1832.72 feet;on 10 a distance of Thence North 89°14'41" West a distance of 224.37 feet to point on the southerly Parrish Lane as shown on the plat for Parrish Tracts subdivision as recorded 275374 in Bannock County, Idaho; right en way of d m instrument no. Thence North 00°11'19" East a distance of 25.00 feet to a point on the centerline of said Parrish Lane also being the POINT OF BEGINNING. Thence North 00011'19" East a distance of 25.00 feet to a the Southeast corn Parrish Tracts subdivision; comer of lot 1 of said Thence South 89°14'41" East along the Northerly right of way of said Parrish L 175.77 feet; ane a distance of Thence South 00003'36" West a distance of 25.00 feet to centerline of said Parrish Thence North 89°14'41" West along the centerline of said Parrish Lane a distance Lane; to the POINT OF BEGINNING. nce of 175.83 feet Contains 0.10 acres, more or less. Subject however to the retention by the that portion City of Chubbuck of easements for water and sewer Of the property described on Exhibits D and E attached that lies within the on boundaries of the property described herein and retention by Intermountain Gas Com an of th gas lines easement as described on the attached Exhibit F. p y e Ordinance - Page 4 chubbuck 020212 -rd vacating parrish lane.wpd EXHIBIT C LEGAL DESCRIPTION SOUTH PORTION OF VACATED PARRISH LANE RIGHT-OF-WAY A parcel of land in Parrish Tracts subdivision, as recorded in instrument no. 275374 in Bannock County, Idaho, located in the Northwest'/4 of Section 10, Township 6 South, Range 34 East, Boise Meridian, Bannock County, Idaho, more particularly described as follows: Commencing at the North'/4 corner of Section 10, Township 6 South, Range 34 East, B.M. being marked by a 3" ITD brass cap in a monument well as described in corner perpetuation recorded as instrument no. 20520362; Thence South 00°22'22" West (basis of bearing per central meridian of east zone of the Idaho State Plane Coordinate System) along the meridional centerline of said section 10 a distance of 1832.72 feet; Thence North 89'14'41" West a distance of 48.49 feet to point on the southerly right of way of Parrish Lane as shown on the plat for Parrish Tracts subdivision as recorded in instrument no. 275374 in Bannock County, Idaho also being the POINT OF BEGINNING; Thence North 89°14'41" West along the South right-of-way of said Parrish Lane a distance of 175.88 feet; Thence North 00° 11' 19" East a distance of 25.00 feet to a point on the centerline of said Parrish Lane; Thence South 89°14'41" East along the centerline of said Parrish Lane a distance of 175.83 feet; Thence South 00003'36" West a distance of 25.00 feet to the POINT OF BEGINNING. Contains 0.10 acres, more or less. Subject however to the retention by the City of Chubbuck of easements for water and sewer on that portion of the property described on Exhibits D and E attached that lies within the boundaries of the property described herein and retention by Intermountain Gas Company of the gas lines easement as described on the attached Exhibit F. Ordinance . Page 5 chubbuck 020M Ord vacating parrish lane.wpd EASEMENT FOR WATER LINE RETAINED BY CHUBBUCK LEGAL DESCRIPTION 2120 7911 A 15 foot strip of land located in the (NW 1/4) of Section 10, Township 6 South, Range 34 East, Boise Meridian, Bannock County, Idaho, being 7.50 feet each side of the following described centerline: Commencing at the North'/4 corner of said section 10, Thence South 00°22'22" West (Basis of Bearing per Central Meridian of the East Zone of the Idaho State Plane Coordinate System) along the meridional centerline of said section 10 a distance of 1832.72 feet; Thence North 89°14'41" West a distance of 48.49 feet to a point on the South right-of-way of Parrish Lane as shown on the plat for Parrish Tracts subdivision as recorded in instrument no. 275374 in Bannock County, Idaho; Thence North 00°03'36" East a distance of 32.50 feet to the POINT OF BEGINNING of said described centerline; Thence North 89°14'41" West a distance of 175.81 feet to the POINT OF TEFUNIINUS of said described centerline. The sidelines of the described Centerline are to be lengthened or shortened to terminate on the east and west boundary lines of the vacation of Parrish Lane Ordinance • Page 6 chubbuck 020212 ord vacating parrish lane.wpd Z079-11 EXHIBIT EXHIBIT E EASEMENT FOR SEWER LINE RETAINED BY CHUBBUCK LEGAL DESCRIPTION A 15 foot strip of land located in the (NW 1/4) of Section 10, Township 6 South, Range 34 East, Boise Meridian, Bannock County, Idaho, being 7.50 feet each side of the following described centerline: Commencing at the North ''V4 corner of said section 10, Thence South 00°22'22" West (Basis of Bearing per Central Meridian of the East Zone of the Idaho State Plane Coordinate System) along the meridional centerline of said section 10 a distance of 1832.72 feet; Thence North 89'14'41" West a distance of 48.49 feet to a point on the South right-of-way of Parrish Lane as shown on the plat for Parrish Tracts subdivision as recorded in instrument no. 275374 in Bannock County, Idaho; Thence North 00°03'36" East a distance of 17.50 feet to the POINT OF BEGINNING of said described centerline; Thence North 89°14'41" West a distance of 175.85 feet to the POINT OF TERINUNUS of said described centerline. The sidelines of the described Centerline are to be lengthened or shorten to terminate on the east and west boundary lines of the vacation of Parrish Lane. Ordinance . Page 7 chubbuck 020212 ord vacating parrish lanempd EXHIBIT F ; ;120'79.1 GAS LINES EASEMENT RETAINED BY INTERMOUNTAIN GAS COMPANY LEGAL DESCRIPTION Commencing at the North'/4 corner of said section 10, Thence South 00°22'22" West (Basis of Bearing per Central Meridian of the East Zone of the Idaho State Plane Coordinate System) along the meridional centerline of said Section 10 a distance of 1832.72 feet; Thence North 89'14'41 " West a distance of 48.49 feet to a point on the South right-of-way of Parrish Lane as shown on the plat for Parrish Tracts subdivision as recorded in instrument no. 275374 in Bannock County, Idaho; Thence North 00°03'36" East a distance of 7.35 feet to the POINT OF BEGINNING; Thence North 89°01'24" West a distance of 138.64 feet; Thence South 00'45'19" West a distance of 7.88 feet to a point on the North boundary line of Lot 13 of said Parrish Tracts subdivision; Thence North 89'14'41" West along the North boundary of said Lot 13 a distance of 5.00 feet; Thence North 00'45'19" East a distance of 7.90 feet; Thence North 89°01'24" West a distance of 32.23 feet to a point on the West boundary of the vacation of Parrish Lane; Thence North 00'11'19" East along the West boundary of the vacation of said Parrish Lane, a distance of 41.98 feet to the Southeast corner of Lot 1 of said Parrish Tracts subdivision; Thence South 89°14'41" East along the South boundary of Yellowstone Commons Division 1 subdivision, a distance of 5.00 feet; Thence South 00° 11' 19" West a distance of 36.99 feet; Thence South 89°01'24" East a distance of 170.87 feet, to a point on the East boundary line of the vacation of Parrish Lane; Thence South 00°03'36" West along the East boundary of the vacation of said Parrish Lane a distance of 5.00 to the POINT OF BEGINNING. Contains 1104 square feet, more or less. Ordinance - Page 8 chubbuck 020212 ord vacating parrish lane.wpd q-5 N 'rte C:) "77