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Home My WebLink AboutORD 3435 - corrected legal descrip.r Canyon County Recorder's Office Document Cover Sheet 2023-012298 RECORDED 04/19/2023 11:18 AM 00754788202300122980030033 IIIIhIIIIIIII122980030033 CHRIS YAMAMOTO CANYON COUNTY RECORDER Pgs=3 PBRIDGES NO FEE ORDINANCE CITY OF CALDWELL oretat ddstel. � (s. Ev wa,�- A) 2023-024602 RECORDED 08/01/2023 08:56 AM 11111111120230024602003003311111111111111111111111111111 CHRIS YAMAMOTO CANYON COUNTY RECORDER Pgs=3 JWINSLOW NO FEE ORDINANCE CITY OF CALDWELL BILL NO. 41 ORDINANCE NO. 3435 AN ORDINANCE DETERMINING THAT CERTAIN LAND LAYS WITHIN THE CITY LIMITS OF THE CITY OF CALDWELL, COUNTY OF CANYON, STATE OF IDAHO, AND THAT SAID LANDS SHOULD BE REZONED TO THE R-3 (HIGH DENSITY RESIDENTIAL) ZONE; DETERMINING THAT SAID CHANGE IN ZONING IS IN THE BEST INTEREST OF THE CITY OF CALDWELL, CANYON COUNTY, IDAHO; DIRECTING THE CITY ENGINEER AND PLANNING AND ZONING DIRECTOR TO AMEND SAID PROPERTY ON THE OFFICIAL MAPS OF THE CITY OF CALDWELL, IDAHO; AND REPEALING ALL ORDINANCES, RESOLUTIONS, ORDERS OR PARTS THEREOF IN CONFLICT HEREWITH. BE IT ORDAINED, BY THE MAYOR AND CITY COUNCIL OF THE CITY OF CALDWELL, COUNTY OF CANYON, STATE OF IDAHO: Section 1. That the Caldwell City Council, upon recommendation of the Caldwell Hearing Examiner and following the public notice and hearing procedures as required in Section 10-03-03, Caldwell Municipal Code, approved Case No. ZON22-000005 (Legacy Falls Rezone) at a public hearing held this 18th day of April, 2023. Section 2. The parcel is within the City of Caldwell, Idaho and the applicant has requested that said following described property should be rezoned to R-3 (High Density Residential) zone: -!�C f_�' f v Ll i a t -r-- 11 A parcel of land ed in the NW 1/4 of the NE 1%4 of Section 14, Township 3 Nor Meridian, City of Ca ell, Canyon County, Idaho, being more particularly BEGINNING at a Brass Ca onument marking the Northwest Corner of the IN Section 14; From which an Iron marking the Northeast Corner of said Sectic E 2651.80 Feet; Thence, N 89°05'15" 6.20 Feet along the North Line of said Iron Rod; Thence, leaving said North Line °54'45" E 303.20 Feet to a 5/8 it 89005'15" W 197.61 Feet to a 5/8 inch Iron Rod; ce, S 00°54'45 E 145.43 Fei Thence, N 88051'54 W 55.47 Feet to a found 5/8 inch n Rod and a point of cu Feet along the arc of a 175.00 Feet radius curve to the righ 'th a central angle chord bears N 59055'48" W 169.41 Feet to a found 5/8 inch Iron d and a point 31 °01'03" W 64.86 Feet to a found 5/8 inch Iron Rod; Thence, S 89°5 "W 40.0 Rod lying on the North -South midsection line of said Section 14; Thence, ng 00001'48" W 302.75 Feet to the POINT OF BEGINNING. Said above describe Sq. Ft., or 3.86 acres more or less and is subject to any and all easements and/or i, Range 3 West, Boise described as follows: >rtheast Corner of said 1 14 Bears N 89005'48" Section 14 to a 5/8 inch ;h Iron Rod; Thence, S t to a 5/8 inch Iron Rod; vature; Thence, 176.84 f 57°53'48", which long :)f tangency; Thence, N i Feet to a 5/8 inch Iron said mid -section line N @rcel contains 167,981 'igftts,-of-way of record. Section 3. That the City Engineer and the Planning and Zoning Director of the City of Caldwell, Idaho, are hereby instructed to so designate the same above described property on the official zoning map and other area maps of the City of Caldwell, Idaho as R-3 (High Density Residential). Section 4. All ordinances, resolutions, orders or parts thereof in conflict herewith are hereby repealed, rescinded and annulled. Section 5. This ordinance shall be in full force and in effect from and after its passage, approval and publication, according to law. PASSED BY THE COUNCIL OF THE CITY OF CALDWELL, IDAHO, this 18th day of April, 2023. APPROVED BY THE MAYOR OF THE CITY OF CALDWELL, IDAHO, this 18th day of April, 2023 V ••'"q O ~� 04•••� A, •. ., % ''<<,`: ATTEST: Mayor Jarom ner = • . G = ZAJ JANIS = _ y. !890 .•f �.:• City Clerk CORRECTED LEGAL DESCRIPTION ORDINANCE NO. 3435 Corrected Exhibit This exhibit provides the corrected legal description for the rezone of a partial of land in the City of Caldwell as R-3 (High Density Residential), which was recorded as Ordinance No. 3435, with the incorrect legal description. A parcel situated in a portion of the NE % of Section 14, T3N, R3W, BM, City of Caldwell, Canyon County, Idaho, and is more particularly described as follows: COMMENCING at the NW corner of the NW % NE %; thence N89042'15"E, 1325.92 feet along the north boundary of said NW % NE % to the NE corner of said NW % NE %, thence S00°37'02"VV, 70.01 feet along the east boundary of said NW % NE %. to a point on the south right-of-way of Karcher Road; thence continuing S00037'02"W, 620.08 feet along said east boundary of said NW % NE % to the POINT OF BEGINNING; thence continuing S00037'02"W, 632.24 feet along said east boundary to the SE corner of said NW % NE %; thence S00037'02"W, 252.64 feet along the east boundary of the SW % NE % to a point on the east boundary of Cedar Crossing Subdivision No. 2, Book 43, Page 10, records of said Canyon county; thence along said east boundary of Cedar Crossing Subdivision No. 2 as follows: 166.18 feet through a curve to the left having a radius of 405.43 feet, a central angle of 23029'04", and a long chord bearing N37023'04"W, 165.02 feet; thence N49°07'34"W, 84.50 feet to the SE corner of Cedar Crossing Subdivision No. 3 — Phase 2, Book 53, Page 38, records of said Canyon County; thence leaving said east boundary of Cedar Crossing Subdivision No. 2 and along the easterly boundary of said Cedar Crossing - Subdivision No. 3 — Phase 2 as follows: N49007'34"W, 19.05 feet to a point of curvature; thence 176.04 feet through a curve to the right having a radius of 223.00 feet, a central angle of 45013'44", and a long chord bearing N26030'42"W, 171.50 feet; thence N03053'49"W, 167.75 feet to a point of curvature; thence 181.45 feet through a curve to the left having a radius of 353.00 feet, a central angle of 29027'05", and a long chord bearing N18037'22"W, 179.46 feet; thence N33020'56"W, 230.66 feet; thence leaving said easterly boundary N89042'15"E, 460.10 feet to the POINT OF BEGINNING. Contains 5.10 acres, more or less. EX►N91T A 4 t ORDINANCES OF THE CITY OF CALDWELL NOTICE OF ADOPTION AND SUMMARY OF ORDINANCE NO. 3435 REGARDING ZONE DESIGNATION OF CERTAIN PROPERTY This ordinance provides for the rezone of a parcel of land in the City of Caldwell as R-3 (High Density Residential). A parcel of land located in the NW 1/4 of the NE 1/4 of Section 14, Township 3 North, Range 3 West, Boise Meridian, City of Caldwell, Canyon County, Idaho, being more particularly described as follows: BEGINNING at a Brass Cap Monument marking the Northwest Corner of the Northeast Corner of said Section 14; From which an Iron Pipe marking the Northeast Corner of said Section 14 Bears N 89°05'48" E 2651.80 Feet; Thence, N 89'05'15" E 466.20 Feet along the North Line of said Section 14 to a 5/8 inch Iron Rod; Thence, leaving said North Line S 00°54'45" E 303.20 Feet to a 5/8 inch Iron Rod; Thence, S 89005'15" W 197.61 Feet to a 5/8 inch Iron Rod; Thence, S 00°54'45 E 145.43 Feet to a 5/8 inch Iron Rod; Thence, N 88051'54 W 55.47 Feet to a found 5/8 inch Iron Rod and a point of curvature; Thence, 176.84 Feet along the are of a 175.00 Feet radius curve to the right with a central angle of 57°53'48", which long chord bears N 59°55'48" W 169.41 Feet to a found 5/8 inch Iron Rod and a point of tangency; Thence, N 31 001'03" W 64.86 Feet to a found 5/8 inch Iron Rod; Thence, S 89'58'12" W 40.05 Feet to a 5/8 inch Iron Rod lying on the North -South midsection line of said Section 14; Thence, along said mid -section line N 00001'48" W 302.75 Feet to the POINT OF BEGINNING. Said above described parcel contains 167,981 Sq. Ft., or 3.86 acres more or less and is subject to any and all easements and/or rights -of -way of record. The Ordinance includes a provision to amend the official maps of the City by designating the above - described property as R-3 and providing an effective date, which shall be when published in the Idaho Press Tribune on the 25'h day of April, 2023. Ordinance No. 3435 was passed by the Council and approved by the Mayor on the 18th day of April, 2023. 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 181h day of April, 2023. STATEMENT OF LEGAL ADVISOR I have reviewed the foregoing summary and believe that it provides a true and complete summary of Ordinance No. 3435 and provides adequate notice to the public as to the contents of such ordinance. "V DATED this 181h day of April, 2023. Mark Hilty, Attorney for City of Caldwell