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HomeMy Public PortalAboutOrd. 13 - Vacating Certain Streets and AlleysINS'TTRUAAtENT NO.24634. ORDINANCE NO. 13. An ordinance vacating and discontinuing for°the use of the Oregon Short Line Railroad Company a portion of Fourth Street, McCall Avenue, Fir Street, Spruce Street and oosevelt Avenue, and a portion of the alleys in Blocks Two (2) and Twelve (12) and all o f the alleys in Block Eight (8) and Nine (9) all in the First Addition to McCall, Boise County,Idaho, and granting permission to construct and operate and maintain ✓ ailroad tracks over and across Second Street, Park Street, Third Street, Lenora Street, ijPine Street and Hemlock Street of the Village of McCall. Whereas, the Oregon Short Line Railroad Company is constructing a line of railroad from Emmett to McCall, Idaho, and contemplates establishing at McCall, a station, with necessary tracts, buildings and other facilities for conducting of railroad business,and Whereas, in order to provide for the construction, operation and maintenance of the tracks, buildings, etc., required for station facilities, and in order to better insure the safety of the public when said station shall be placed in operation it is necessary that certain streets and alleys of said Village of McCall, be closed to the public use, and devoted entirely to railroad purposes; and Whereas, the Oregon Short Line Railroad Company, proposes to deed to the Village. of McCall the Easterly 14 feet of its right of way through Lots 28 and 29 Block 12 and the Westerly 16 feet of its right of way through Lots 1, 2 and 3 Block 2, in lieu of that portion of the alleys in said Blocks 12 and 2, and Whereas, the pstablishmdnt of said station will be substantial to the village of eCall. N owm therefore, be it ordained by the Chairman and Board of Trustees of the Village of McCall, Boise County, Idaho. S ection 1, That the following portions of Streets and Alleys in the Village of McCa11 be and the same are hereby closed and vacated and all travel by the public thereon prohibited and the exclusive right to occupy and use the same for railroad purposes is hereby granted to the Oregon Short Line Company, its uccessors and assigns; All that portion the Alley in Block Twelve (12) First Addition to McCall, lying Westerly of a line which is Thirty-six (36)r:feet Southeasterly from and parallel to the center line of main track of the Idaho Northern Line of the Oregon Short Line Railroad; ,also all that portion of Fourth Street between a line which is Fifty (60) feet Southeastert• from and parallel to said center line of main track, and a line drawn from the Nottherly corner of Lot Twelve (12), Block One (1) of said First Addition to McCall, to a point in the Westerly boundary of Block Two (2) of said First Addition, and being Thirty-six (36) feet Northwesterly measured at right angles from said center line of main track; &lso that portion of the alley in said Block Two (2) lying easterly of a line which is Thirty-four (34) feet Northwesterly from and parallel said center line of track; also all that portion of McCall Avenue (North of the North line of Pine Street), Fir Street and Spruce Street lying between lines which are Fifty (8 0)feet Westerly and one hundred (100)ffgeet Easterly from the parallel to said center line of main track, also all of the lleys in Blocks Eight (8) and Nine (9) of said First Addition to McCall; also all that portion of Roosevelt" Avenue between the North line of Spruce Street and South line of " Hemlock Street, lying Westerly of a line which is One Hundred (100) feet Easterly from and parallel to said center line of track, also the West Half of said Roosevelt Avenue, lying between the North line of Hemlock Street and the North line of Lot Two (2) Section Nine (9) Township Eighteen (18) North, Range Three (3) East of the Boise Meridian, all in the said Village of McCall. The portions of the Streets and Alleys above described and hereby vacated are shown colored in grees on the attached print, marked Exhibit "A" which is hereby made a part of this ordiance. Section 2, That the Oregon Short Line Railroad Company is granted the right of constru operate and maintain railroad tracks over and across Second Street, Park Street, Third Stre Lenora Street, Pine Street and Hemlock Street in said Village of McCall. Section 3, The said Oregon Shirt Line Railroad Company, its successors and assigns, shall and by the acceptance of the privilege and franchises herein granted and in consider- ation of the same does bind itself, its successors and assigns to save said Village of McCall, harmless from all suits, claims and demands, and judgments whatsoever, whether in law or equity, which shall be asserted, found or rendered in any manner whatsoever, against said Village for injury or damage to abutting property or otherwise, by reason of granting of this franchise or by reason of the operation of said tracks. Also to provide and maintain in good condition all road crossings of said tracks within the limuts of the said Village of McCall. Passed and approved this 6th day of May,A.D. 1914. (CORPORATE SEAL) State of Idaho ; ;ss County of Boise; Arthur L. Rowland. Chairman. Theodore Hoff. Clerk. t t, t1.e I hereby certify that this instrument was filed for record at request of Duke Robins, at 34 minutes past 10 o'clock A.M. this 12th day of July,A.D. 1916, in my office and duly recorded in Book 6 of Miscellaneous,page 395. Fees $1.80. State of Idaho County of Boise I hereby certify tgoing instrument is a full kue and corrert copy of the original recorded in this office. A. daux and Recorder C` G d L.R.Dukes. Ex-Officio Recorder Deputy.