The URL can be used to link to this page

Home My WebLink About78-AN-04 Echevarria Request to be Removed (1968)SUBIPUD-121 P-05 Indian Creels Subdivision - reference: 78-AN-04, 81-01-SUP-E, 85-01-SUP-E, 88-AN-02, 92-01-SUP-E, 92-03-SUP-E, SUP-54-99, 1-07-PP, 94-01- SUP-E, 96-04-SUP-M co c 6 a �4 A0 i 1p, (0 c en c U) a Cf) a co a (n c CA io c -0 c (n c co c cn c c co M T m p m p m 01 co m cn co CD z z N co (CD B t. E C. �s 0 a V! z z z t MAI ok a 8 a a CA Q,L 4 " M 13 co C-3 a! gig 3 7 77CL CD 104 hs 0 n to j N0 CD m w CA CD w s 4a. YL Q a x M X 0 w yn (D m C < a mCL cn NO 5 >1 a U& Z > r_ cn Pr c ib > =� M.C7 p'pr w CL rp -n :3 fb a Er a Igu LA to (D CD w O K) w co th to 50 - WW i 0 CL CD ob it K cr co 0 to 0 w CL Lt as' C3 C). 4::> 2 JIM El J z z m 0 z Cl) 0 m :6 z z m 0 z U) '3 C� 00 co -4 00 ;o z > z > z 4�- :6 :6 z z z z z z fr- 6 6 0 m CO I? -4 1p --j C?O oz e. - hLx 0 C) C) Co C) m 0 - > z 4- =r m < CD W, (D (D C> CD 4, cr CD CD X O CCD a) 0 K G) CD a) (k) m 0 CL — a) En 0 0 (n 0 :3 U) 0 0 M m 900 ,< < CD 0 U) 0 Iz g Is CL OL 0 cn :3 m CL CD CD (D CL rD x QFCD x (D Cr 0 0 CL ED =$ r- a=F CD Cr < CD CL 01 (A) (A 00) CD co CL'a C) w u C) < 0 0 M 0 (1) U 0) t CL 0 CD CL C)o 0) Z 0 (D CD co M 0N CO 0 CF) < CL c CD CL (n m0) CL CC) z CD :3 1�1 < A. =r CD 0 CD < t CL CD r. F F I CD x m CL CD CL Ul cn OD dH 0 0 O N CO3 (CnL gL (> . ID tj C) C) C) C> A (D can :3 m a Cl o > :3 WRIP1,10H. HIM, a) �W, ,I, F o I L CLAYTON ANDERSEN ATTORNEY AT LAW P.O. sox 1180 HOMEDA16, IDAHO 83628 TELEPHONE (20) 31746n 0,1-0563 FILED An 28 1 iW H `18 BILL A.: '-KE R CLERK Or Dim; ..OURT BY & faCorltx _ __ IN THE DISTRICT COURT OF THE THIRD JUDICIAL DISTRICT OF THE STATE OF IDAHO, IN AND FOR THE COUNTY OF CANYON IN THE MATTER OF THE PETITION } OF: } } PETE ECHEVARRIA, } Petitioner, ) } VS. } } THE CITY OF CALDWELL, a } municipal corporation, } ) Respondent. } Case No. L-32907 JUDGMENT OF SEPARATION THIS CAUSE came on regularly to be heard before the above Court on August 18, 1978. Petitioner appeared in person ar,d by his counsel, CLAYTON ANDERSEN. The respondent appeared neither in person nor by counsel, and no one appeared in objection to the Petition filed herein. IT APPEARING from the file herein that defendant and any person desiring to protest or object to the granting of the prayer of the Petition were duly served and notified pursua•- to Idaho Code 50-227 and that the default of the defendant has been duly entered. THEREUPON, the petitioner submitted testimony in support of the Petition; and the Court having heard and considered the same, FINDS: that the petitioner is entitled to a judgment of separation based upon his Petition and upon the grounds set forth therein. THEREFORE, IT IS HEREBY ORDERED, ADJUDGED AND DECREED as follows: JUDGMENT - 1 1. FINDINGS: That the land owned by Petitioner contains more than five (5) acres, and is included within the corporate limits of the City of Caldwell; the land is used exclusively for agricultural purposes, and the separation of the land described herein will not materially mar the symmetery of the City of Caldwell. 2. INSUFFICIENT BENEFITS: That the land described herein does not receive sufficient special benefits to justify the retention of said land within the corporate limits of the City of Caldwell. 3. LAND TO BE SEPARATED: That the land to be separated from the corporate limits of the City of Caldwell, a municipal corporation, is described as follows: STARTING at that point where the right of way of U.S. Interstate Highway No. 80 intersects with the South boundary line of the Southeast � of the Northwest ; of Section 36, Township Four North, Range Three West of the Boise Meridian, and thence proceed west to a point in the center line of Indian Creek and thence proceed in a general northwesterly direction along the center line of Indian Creek to a point on the north line of the Southwest 4 of the Northwest 4 of said Section 36 intersects with the right of way of U.S. Interstate Highway No. 80 which is the northeast corner of the Southwest % of the Northwest is of said Section 36; thence proceed in a southeasterly direction along the southwest boundary line of U.S. Interstate Highway No. 80 to the point of beginning. Located in Canyon County, Idaho. 4. CITY BOUNDARY LINE TO BE CHANGED: That the City of Caldwell change its corporate boundary line or limit in conformance with this Judgment of Separation. 5. TAXES, ETC.: That the land described herein be freed from government of said corporation including taxes. 6. PARAGRAPH HEADINGS: Paragraph headings used herein are for convenience only and shall not be used in interpretation or construction hereof. DATED: �(]7� SIGNED: ROBERT L. JONSS Robert L. Jones, District Judge Respondent I address: c/o Wayne E. Davis Caldwell City Attorney P.O. Box 26 Caldwell, Idaho 83605 JUDGMENT - 2 State of Idaho County of Canyon at, I hereby certify that t:•c foregoing instrumen is a true and correct copy of the original as th- same nppears in this office. DATI BILL►F!1�.�.�."�'l�- R. Clerk of the District Courl and 8x Officio c e By............... _. � .�71 L• - y '� y t . s. .k L' �Y I _ fit` 4 YµU,4a '� 4 � � y .�� '.7�.` - 4' - 1_•� �'�- L �Y '� ' F V h � � " fay: t � . `7 , f L �.'. •r�. f.' '4k:x ' � 6 ► �'' . � " �J�44 }ram •#� SxS � _ S _ 1 r. . / • i � �L�1 rvr.a4+ I i.l L_xv1.a . $ a \\ 9s O Al �y SPEED MESSAGE To ../�,c, - FROM SUBJECT - DATE 'J �rr o oy .f"alac� a.3 rIf/ G P ��l t �f fkC CI aS�OfS+�1�G„ I Be.uonr S,.[er Es* I BL.BLL..0 BLU..a4I.I Eu W[i+ P Ar[YVL Avfxuf .bava oc n�niv( `{ VIr[ View GRIT[ \ r `� •C.Lw..r AvE44E CMbC.een 5rnfe[T • S c ..... $T•e[, E.., CI.aL[ Oir[ A cL[v[l.. E146 E.ir �G 'fioLv[..no BLro WEfr f/� a Ave FbLAR.bb Av[nV[ June 26, 1979 Mr. Jenkins Paper, Director Denart�nent of Revenue and Taxation p. G. Box 3 Boise, Idaho '03722 Dear Sir: losaa is a copy of a letter received from the Census Bureau Enc "Judgment of Separation issued by and a copy of the Ju{{�� further expense in preparation of The City will not incur any ;lent. Any further inquiry documents in Conneheicolurt-or IrS Echevarria. is to be made of t Yours truly, Melvin G. Lewis, P. E- City rn;ineer AGL : sr Encl. 4m � vmmmm� 1 :00014,100 4.100 4-TOO 4400 Frgo, ,j49Oe ;rz5ol S-/00 N ♦ > rn a4,LEµs Or CO yyr BAS 71NC}-L a* UNITED STATES DEPARTMENT OF COMMERCE {s 7s} Bureau of the Census say ' a`` Washington. D.0 20233 FORM APPROVED "NrEs of► O.M. B. NO. 41.R2537 JUN 14 1979 Mayor Caldwell City 704 Blaine Caldwell, Idaho 83605 Dear Public Official: Thank you for your response to the Bureau of the Census 1979 Boundary and Annexation Survey. In cooperation with the Office of Revenue Sharing, we annually submit the information obtained through this survey to the State Certifying Official for certification that all actions reported were wade in accordance with State law, and to ascertain that our records are complete for the survey year. The Certifying Official for your State is: Mr. Jenkin Palmer Director, Department of Revenue and Taxation P.O. Box 36 Boise, Idaho 83722 (208) 384-3560 The State Certifying Official has indicated to us that the State is unable to certify one or more of the boundary change actions which your municipality has reported to us. Please review this information which has been listed on the reverse side of this letter. If the items listed are legitimate boundary change actions, please send a copy of the effecting authori- zation (ordinance, resolution, etc.) and a plat to the State Certifying Official, requesting that the Certifying Official notify the Bureau of the Census upon receipt. Should your review indicate either that the State's records are in error or that information previously reported to the Bureau of the Census regarding boundary change action needs to be modified, both the State Certifying Official and the Bureau of the Census should be informed accordingly. It is important that you notify us of your findings and the actions being taken as soon as possible so that qualifying changes will receive full consideration for Revenue Sharing purposes. If you have any questions regarding our request, please contact our Boundary and Annexation staff, Area Code (301) 763-5437. Thank you for your cooperation. Sincerely, JACOB SILVER Chief, Geography Division Bureau of the Census BOUNDARY CHANGE ACTIONS WHICH THE STATE WAS UNABLE TO CERTIFY Action Authorization Effective date Type Number Detachment -- 010563 78-08--20 � ` `j1 � ' r � � t � + � '.f .�+ },'. 5a N, l a J; ' i't• i �•�•' f•, r�` , 1� . �# � j� �� t # � •t ; �• '. fir, j'� •{�:'�;• ` � ;�q\ ;,"- � [}•1 ��.1 �:'�'' ; �. I `' � t r 1 S '' � � .1 i ' ` : �' 'Y V� l,�ll�. � • rM'.�,.�` ' 1 ,i 1 1 � 1 '#'. t 4 1 �•• •>.. � iY{�s 11(�.L� !4�1 �, 1':' �' ' , t 1 ! 1 r y�'j`• 1 r : � • �, r q ; t;P � � ' i .� ,, r � ,� rts y♦ � r�. 1 r t I�t .i � , -`' - •� 1 '�1� � � 1•. y.;rl`��S�i�l��•;�•ll��t1' .\ . ; � L ♦•1 i. '•.4 r �" i �• � tit•. +. "' �. '-:et��' � _ •.:�...:,_�, -� --.— ,% � , �•�! ,� a 'r � h :, '.;; 1• Yt.� � • �;' •:....� `- ' `' � �.\ 1 - qrg� S 7 7 r y ` .* 1 1 y.1 Y l 0�4 , 9 t r: .Tr1 �jl + T + t t ��• � 1 t a ' ` 1 � ` 1 �.,/ `f ti, '+ � 1 y Y` t {:. � � Rat t ,'�Ir;+, �`'• � ry-�� .r .r��* � r 11 ' •} r ,/ j L � '.� .x•=s�..ti. ti ��. i.s�•' 11•. � :; ��• '1F•• .•'. � i S � ,r'1 \. / , %i � � 1. � . L �P. ,n�r n�.n� nnr;+ ��o$A ��..•.� -taw:. r , .�. f 4 r i ,aQQ hglL,6 Q4%L .7%V 1 h0,a G f•. 0 • dw i . ry 25 SOrs +rr 4000 4/00 4?00 CTaa 47,p 0-''''' =v,=' flno ♦rIT0u 90,9 ro00 s/n0 1 1 rs 4 4►'Y f ' k� f � I F f' � IJ r fir,Pk n t - ;eti `' --•_..may I 1 I r I� s. 'iGti R"hk' • !. i •i ., r roll ., 11 • I 4!� A:kNot ,,.Ll I Ir1 •r •iYl "Uk ,•1 .. f �l lil n, .r ly 1 lr fl DO c Rrvi5 )Auq.72 DUL R�,IStTr Vc 71 DDL. Q T'I�C[1 "Ov/1 991_ - a v � a � o7 \ airY�l..Y�lK.r.�o.r+gsw s YY #1 lwr w► ,� �• am r � Start at the point where the right-of-way of U.S. Interstate Highway No. 80 intersects with the South boundary line of the SE 1/4 of the NW 1/4, Section 36, T4N, R3WBM and thence proceed West to a point in the centerline of Indian Creek and thence proceed in the general Northwesterly direction along the centerline of Indian Creek to a point on the North line of the Southwest Quarter of the Northwest Quarter of said Section 36�intersects with the right--of--way of U.S. I-80, which is the No theast corner of the SW 1/�I of the NW 1/4 of said Section 36; thence proceed in a Southeasterly dir- ection along the Southwes boundary line of U.S. I-80 to the POB; and also, all of the East Half of the Northwest Quarter of Section 36, T4NR3WBM, lying betwe n the right-of-way of U.S. I-80 and the Notus Canal. Start at the point where the rir.ht-of-way of U.S. Interstate Highway No. 80 intersects with the South boundary line of the SE 1/4 of the NW 1/43, Section 36, T11N, R3WBM and thence proceed West to a point in the centerline of Indian Creek and thence proceed in the general Northwesterly direction along; the centerline of Indian Creek to a point on the North line of the Southwest Quarter of the Northwest Quarter of said Section 3h*intersects with the right -of. -way of U.S. I-80, which is the No theast corner of the SW 1/4 of the NW 1/4 of said Section '36: thence proceed in a Southeasterly dir- ection along the Southwes boundary line of U.S. I-80 to the POS; and also, all of the East half of the Northwest Quarter of Section 36, T4NR3WBM, :lying; betty en the right-of-way of U.S. I-80 and the Notus Canal. +' � �p V� July 14, 1978 Dear Mel: Attached is copy of Petition which I received today. Please review this and get in touch with me as soon as you can. I need to know any reasons you have for keeping this property within the City of Caldwell. Wayne E . Davis RECEIVFr) CLAYTON ANDERSEN ATTORNEY AT LAW P.O. Box 1180 HOMEDALE, IDAHO 03648 TELEPHONE (WO) 33741673 IA.)tD I'A JUL 1 ., 1978 BILL A. STAKER, CLERK A. cvkBERT PCPUTY CLERK JUL I-. IN THE DISTRICT COURT OF THE THIR❑ JUDICIAL DISTRICT OF THE STATE OF IDAHO, IN AND FOR THE COUNTY OF CANYON IN THE MATTER OF THE PETITION OF: ) PETE ECHEVARRIA, ) Case No. L- b Petitioner, ) } vs. } ) THE CITY OF CALDWELL, a ) municipal corporation, ) Respondent. ) PETITION FOR DETACHMENT COMES NOW Petitioner and claims of respondent, and for a claim for which relief can be granted against said respondent, alleges as follows: I. That the Petitioner above named is the owner of the following described real property located in the City of Caldwell, Canyon County, Idaho, more particularly described as follows, to -wit: STARTING at that point where the right of way of U.S. Interstate Highway No. 80 intersects with the South boundary line of the Southeast ; of the Northwest 4 of Section 36, Township Four North, Range Three West of the Boise Meridian, and thence proceed west to a point in the center line of Indian Creek -and thence proceed in a general northwesterly direction along the center line of Indian Creek to a point on the north line of the Southwest of the Northwest < of said Section 36 intersects with the right of way of U.S. Interstate Highway No. 80 which is the northeast corner of the Southwest 4 of the Northwest a of said Section 36; thence proceed in a southeasterly direction along the southwest boundary line of U.S. Interstate Highway No. 80 to the point of beginning. Located in Canyon County, Idaho. II. That the land owned by Petitioner contains more than five (5) acres, is included within the corporate limits of the City of Caldwell, the land is zoned agricultural and is used exclusively for agricultural purposes. III. That the detachment of the land described herein would not materially mar the symmetry of the City of Caldwell. IV. That said land as described herein does not receive sufficient special benefits to justify the retention of said land within the corporate limits of the City of Caldwell. V. That based upon the allegations as contained herein, the above -described land should be detached from the corporate limits of the City of Caldwell, the corporate boundary line or limits of said City be changed accordingly, and said land shall be free from government of said corporation from that date. WHEREFORE, Petitioner prays that his Petition herein be granted as follows: 1. That the above -described land be detached from the corporate limits of the City of Caldwell. 2. That the corporate boundary line or limits of said city be changed accordingly. 3. That the above -described land be freed from the government of said corporation from the date of detachment. 4. For such other and further relief as to the Court may seem just and equitable. DATED: 7I I � -7 b SIGNED: Clayton Andersen Counsel for Petitioner STATE OF IDAHO ) ss. County of Owyhee ? The undersigned affiant, being first duly sworn, on oath PETITION - 2 deposes and says: That affiant is the plaintiff named in the foregoing Complaint; has read the same; knows the contents thereof and believes the facts therein stated to be true. DATED: SIGNED: Pete Echevarria AAffiant SUBSCRIBED AND SWORN to before me on Notary Public for Idaho. Residing at , Idaho PETITION - 3 COPY CLAYTON ANDERSEN ATTORNEY AT LAW P. O. BOX 1180 HOMEDALE, IDAHO 99628 TELEPHONE (20) 377-s677 IN THE DISTRICT COURT OF THE THIRD JUDICIAL DISTRICT OF THE STATE OF IDAHO, IN AND FOR THE COUNTY OF CANYON IN THE MATTER OF THE PETITION ) OF: ) PETE ECHEVARRIA, ) Case No. L- ir`jU Petitioner, } } Vs. } ) THE CITY OF CALDWELL, a ) municipal corporation, ) Respondent. ) NOTICE OF HEARING AND NOTICE OF FILING PETITION FOR DETACHMENT TO: THE CITY OF CALDWELL, and to any person desiring to protect or object to the same: YOU ARE HEREBY NOTIFIED that the above -named Petitioner has filed his Petition for the Detachment of certain real property located within the City limits of the City of Caldwell, legally described as follows: STARTING at that point where the right of way of U.S. Interstate Highway No. 80 intersects with the South boundary line of the Southeast 4 of the Northwest k of Section 36, Township Four North, Range Three West of the Boise Meridian, and thence proceed West to a point in the center line of Indian Creek and thence proceed in a general northwesterly direction along the center line of Indian Creek to a point n the north line of the Southwest of the Northwest : of said Section 36 intersects with the right of way of U.S. Interstate Highway No. 80 which is the northeast corner of the Southwest . of the Northwest 4 of said Section 36; thence proceed in a southeasterly direction along the southwest boundary line of U.S. Interstate Highway No. 80 to the point of beginning. Located in Canyon County, Idaho. That any person desiring to protest or object to the detach- ment of said property from the corporate limits of said City NOTICE - 1 should file his objection with the Clerk of the above Court at least two days before the date set for hearing of said Petition, said objection or protest to be in writing. That a date for the hearing of said Petition has been set for the 0 day of August 1978, at the hour of 1:30 p.m. or as soon thereafter as counsel can be heard, in the District Court of the foregoing Court, Canyon County Courthouse, Third Floor, Caldwell, Idaho. DATED: - S' 0 0 SIGNED: e Clayton Andersen o Counsel for petitioner NOTICE - 2