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Home My WebLink AboutORD 34722022-053587 RECORDED 12/08/2022 02:16 PM 0736303202200635870020026 CHRIS YAMAMOTO CANYON COUNTY RECORDER Pgs=2 LBERG NO FEE BILL NO.7g ORDINANCE ORDINANCE N0.3472 CITY OF CALDWELL AN ORDINANCE OF THE CITY OF CALDWELL, IDAHO, ANNEXING A PORTION OF PROPERTY WITHIN THE CORPORATE CITY LIMITS INTO THE CALDWELL MUNICIPAL IRRIGATION DISTRICT OF THE CITY OF CALDWELL, CANYON COUNTY, IDAHO, AND CHANGING THE BOUNDARIES THEREOF; DIRECTING THE CITY ENGINEER TO ALTER THE BOUNDARY MAP ACCORDINGLY; DECLARING THE INTENT OF THE CITY TO POOL WATER RIGHTS AND APPLY A UNIFORM METHOD OF ALLOCATING ASSESSMENTS AND CHARGES; AND PROVIDING AN EFFECTIVE DATE. NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE CITY OF CALDWELL, IDAHO: Section 1: That the City of Caldwell, an Idaho municipal corporation is authorized by Idaho Code Chapter 18, Title 50 to establish a city irrigation district in the whole or any part of the City and by ordinance establish the exterior boundaries of said district which boundaries may, from time to time, be contracted, extended or enlarged by ordinance. Section 2: That the following described real property, and all thereof, be, and the same is, hereby annexed and made a part of the Caldwell Municipal Irrigation District of the City of Caldwell, Idaho. That the following developments are hereby annexed as legally described on the final plats listed below, along with their respective instrument numbers, all recorded in Canyon County, Idaho. Brittany Heights Subdivision phase No. 3 (Inst. No. 2022046236) Peregrine Estates Subdivision phase No. 5 (Inst. No. 2022051941) Cirrus Point Subdivision phase No. 6 (Inst. No. 2022049686) Section 3: That the City Engineer of said city is hereby directed to record this Ordinance, to forward a copy of said Ordinance to Pioneer Irrigation District, and Wilder Irrigation District for Cirrus Point Subdivision phase No. 6 and to adjust the boundaries and map of the Caldwell Municipal Irrigation District in accordance with this Ordinance. Section 4: That said City declares its intent to pool water rights incident to the above described property for delivery purposes, that said City has adopted a uniform method of allocating assessments and charges against all lands for which water rights are thus pooled, and that said City directs the City Engineer to furnish Pioneer Irrigation District with a certified list or map showing all lands for which water rights have been pooled, all in accordance with Idaho Code 50-1805A. Section 5: That the owners of record of parcels within the aforementioned subdivisions remain responsible for fees and assessments owing Pioneer Irrigation District for the 2022 irrigation season, including prior years. Section 6: That this Ordinance shall be effective upon its passage, approval and publication according to law, or December 6, 2022, whichever is later. PASSED BY THE COUNCIL of the City of Caldwell, Idaho, this 6' day of December, 2022. APPROVED BY THE MAYOR of the City of Caldwell, Idaho, this 6th day of December, 2022. Approved By: Attest: Jarom Wagoner, Ma Debbie Geyer, City Cle OF •, JAN 15 O ""•. CbUN-r-i ' ��•''� MEMORANDUM TO: Caldwell City Council Meeting Date: December 6, 2022 CALDWELL o7 1 AGENDA ITEM INFORMATION SUBJECT. Annexation of Brittany Heights Subdivision phase No. 3, Peregrine Estates phase No. 5, and Cirrus Point Subdivision phase No. 6 into the Caldwell Municipal Irrigation District Department Submittals N 1O mark Initials Building Department CDBG Clerk City Attorney Finance Department Human Resources Planning & Zoning Fire Department Police Department Public Works Street Department Water Department WWTP Engineering r X MS Mapping COST IMPACT: $0.00 Parks and Recreation FUNDING SOURCE. Airport Information Systems TIMELINE: Golf Course OTHER: SUMMARY STATEMENT: Requested Action: Waive Three Reading Rule. Approve irrigation annexation ordinance. Approve Summary for publication Attached are requests by the owners of the above mentioned developments to annex into the Caldwell Municipal Irrigation District. Also attached is a proposed ordinance to accomplish the same. This annexation comprises 201 buildable lots and 34 common lots. RECOMMENDED ACTION: It is the recommendation of the Engineering Department that Council approves the annexation as submitted. ORDINANCES OF THE CITY OF CALDWELL NOTICE OF ADOPTION AND SUMMARY OF ORDINANCE NO. 3430 REGARDING ANNEXATION AND ZONE DESIGNATION OF CERTAIN PROPERTY This ordinance provides for annexation of a parcel of land to be annexed into the City of Caldwell as C-2 (Community Commercial) and R-2 (Medium Density Residential) zoning. C-2 Zone A parcel of land situated in Government Lot 1 of Section 3, Township 3 North, Range 3 West, Boise Meridian, Canyon County, Idaho, and being more particularly described as follows: BEGINNING at the NE corner of Government Lot 1, thence S00031'47"W, 880.96 feet along the east line of said Government Lot 1; thence N89°51'08"W, 60.00 feet; thence N89°28'13"W, 116.00 feet; thence S89037'55"W, 53.01 feet; thence N89028'13"W, 116.00 feet; thence N00031'47"E, 156.00 feet; thence N89053'54"W, 76.09 feet; thence S00°30'04"W, 156.79 feet, thence N89029'56"W, 116.00 feet, thence S88024'43"W, 53.04 feet; thence N89029'56"W, 232.00 feet; thence S89°15'43"W, 53.01 feet; thence N89029'55"W, 116.00 feet to the east boundary of the W '/< of said Government Lot 1, thence N00030'04"E, 879.69 feet along said east boundary to the north line of said Government Lot 1; thence S89053'15"E, 991.47 feet along said north line to the POINT OF BEGINNING. Contains 19.76 acres, more or less. R-2 Zone A parcel of land situated in Government Lot 1 of Section 3, Township 3 North, Range 3 West, Boise Meridian, Canyon County, Idaho, and being more particularly described as follows: COMMENCING at the NE corner of Government Lot 1, thence S00°31'47"W, 880.96 feet along the east line of said Government Lot 1 to the POINT OF BEGINNING; thence continuing S00°31'47"W, 504.74 feet along said east line to the SE corner of said Government Lot 1; thence S89052'34"W, 990.82 feet along the south line of said Government Lot 1 to the east boundary of the W'/< of said Government Lot 1; thence N00°30'04"E, 510.09 feet along said east boundary; thence S89029'55"E, 116.00 feet; thence N89°15'43"E, 53.01 feet, thence S89029'56"E, 232.00 feet, thence N88024'43"E, 53.04 feet; thence S89029'56"E, 116.00 feet; thence N00030'04"E, 156.79 feet; thence S89053'54"E, 76.09 feet; thence S00031'47"W, 156.00 feet; thence S89028'13"E, 116.00 feet; thence N89°37'55"E, 53.01 feet, thence S89028'13"E, 116.00 feet, thence S89051'08"E, 60.00 feet to the POINT OF BEGINNING. Contains 11.82 acres, more or less. Total combined contains 31.58 acres, more or less. The Ordinance includes a provision to amend the official maps of the City by designating the above - described property as R-2 and providing an effective date, which shall be when published in the Idaho Press Tribune on the 131h day of December, 2022. Ordinance No. 3430 was passed by the Council and approved by the Mayor on the 6th day of December, 2022. The full text of the Ordinance is available at Caldwell City Hall, 411 Blaine Street, Caldwell, Idaho. The Mayor and City Council approved the foregoing summary for publication pursuant to Idaho Code 50-901A on the 61h day of December, 2022. STATEMENT OF LEGAL ADVISOR I have reviewed the foregoing summary and believe that it provides a true and complete summary o di No. 3430 and provides adequate notic bt as to the contents of such ordinanc . DATED this 61h day of December, 2022 Mark Hilty, Attorney for City of Caldwel NUBBLE TM 701 S. Allen Street, Suite 104, Meridian, ID 83642 1 Tel. 208.433.8800 1 Fax 208.378.0329 Contractor's License: RCE-49 September 21, 2022 City of Caldwell 411 Blaine St. Caldwell, ID 83606 RE: Brittany Heights No. 3, and Subsequent Phases To Whom It May Concern: I, Austin Edwards, on behalf of Windsor Creek Properties, LLC, as the developer of Brittany Heights No. 3, hereby request that the City of Caldwell Annex Brittany Heights No. 3, as well as all subsequent phases, into the Caldwell Municipal Irrigation District. Respectfully, Flo wn Austin Edwards Director of Engineering & Platting Hubble Homes Challenger Development, Inc. 1977 E. Overland Road Meridian, ID 83642 October 31, 2022 I, Corey Barton, as president of Challenger Development Inc., and developer of Peregrine Estates #5, hereby request that the City of Caldwell annex this subdivision into the Caldwell Municipal Irrigation District. LENNAIT City of Caldwell November 28, 2022 Development Services 621 Cleveland Blvd. Caldwell, ID 83605 RE: Cirrus Pointe Subdivision Phase 6 — Irrigation Annexation Request To Whom It May Concern: On behalf of Lennar Homes of Idaho, LLC, developer of the Cirrus Pointe Phase 6 Subdivision, I hereby request that the City of Caldwell annex this development into the Caldwell Municipal Irrigation District. Sincerely, Jamie arker Sr. Land Development Manager 408 S Eagle Road • Suite 100 • Eagle, ID 83646 • Phone: 208-803-3500 LENNAR.COM