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0757 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of the City and any provision of the Municipal Code which are in conflict with the provisions of this Ordinance are repealed to the extent of such conflict.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 chubbuck060616.eag1e dr ord.wpd 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 E ./ -V �c 15295 0 NX,� OF �RT K -W Z.-O*ects12016 Projects116023-Patriot Square SubdivisionlLegalslEagle Drive Vacation Legal 5-10- 16.docx 4737 Afton Place, Suite B 208-237-7373 Chubbuck, Idaho 83202 2 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 1 { i 22 2 {� 15 21 { X Mobile Manor 2nd Additlo� Instr. 9562111 1 { 20 { 4 { 19 { i z a LA . {. (.n22 2 Gni 1 Block 8 { i a+{ ! B/oak S i ci L m -10 X 6 ( i 1716 Mobile Manor tint Addition { tD I 10.00' utility Easement X Instr. #562111 i { 15 to be vacated { 9 { ( 14 z a LA ! I A _ h ci L m -10 51,85.1 E Mobile Manor tint Addition Instr. #362111 4 12 11 i �; 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 f — — Section Une 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 chubbuck060616_summary(eagle dr ord).wpd