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HomeMy WebLinkAboutORD 3543U r. 'Y�atOr and Rey°�ae Canyon County Recorder's Office Document Cover Sheet 2023-033746 RECORDED 10/18/2023 11:23 AM 111111111111111111111111111111111111111111111111 00712198202300337460030031 CHRIS YAMAMOTO CANYON COUNTY RECORDER Pgs=3 TYOUREN NO FEE ORDINANCE C17Y OF CALDWELL BILL NO.49 ORDINANCE NO.3543 AN ORDINANCE OF THE CITY OF CALDWELL, IDAHO, DE -ANNEXING A PORTION OF PROPERTY WITHIN THE CORPORATE CITY LIMITS OUT OF 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 AND DECLARING THE INTENT OF THE CITY TO DE -ANNEX 11471 HWY 20/26. 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 de -annexed and removed as part of the Caldwell Municipal Irrigation District of the City of Caldwell, Idaho. That the real property was previously annexed by ordinance # 2557 recorded in Canyon County, Idaho. See Exhibit A for legal description of property 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 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 de -annex said property because it is not connected to a pressure irrigation system. The City of Caldwell herby directs the City Engineer to furnish Pioneer Irrigation District with a certified list or map showing said parcel being de -annexed. 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 2023 irrigation season, including prior years. Section 6. That this Ordinance shall be effective upon its passage, approval and publication according to law, or October 17, 2023, whichever is later. PASSED BY THE COUNCIL of the City of Caldwell, Idaho, this this 17" day of October 2023. APPROVED BY THE MAYOR of the City of Caldwell, Idaho, this 17"' day of October 2023. 04 .10 CALO %. • Approved: +`,�,...++• II,�••� Mayor f JAN 15 % CityClerk •,`''g��'� ��•`� EXHIBIT'A' ORDINANCE 3543 De -Annexation Caldwell Municipal Irrigation District LEGAL DESCRIPTION A portion of the NW3: NE Y of Section 30, Township 4 North, Range 2 West, Boise Meridian, Canyon County, Idaho, more particularly described as follows: Commencing at the NW corner of NW% NE'/, of Section 30 (North % corner); thence South 0022'27" West (of record as South 0'10'24" East on a Quitclaim Deed recorded in Canyon County, Idaho as Instrument No. 9419064) a distance of 50.14 feet along the Westerly boundary of said NWY NEY of Section 30 to a point on the existing Southerly right-of- way boundary of U.S. Highway 20-26, said point being the POINT OF BEGINNING; thence continuing South 0'22'27" West a distance of 24.86 feet along said Westerly boundary of said NW X NE % of Section 30 to a point on a line described as the future Southerly right-of-way of U.S. Highway 20-26 as shown on the plat of Delaware Park Subdivision No.1 Unit No. 4 recorded in Canyon County, Idaho as Instrument No. 200302615 in Book 32 of Plats at Page 6; thence South 89"50'28" East a distance of 33.00 feet along said future Southerly right-of-way of U.S. Highway 20-26 to a point on the Easterly boundary of Ward Street (shown on said plat of Delaware Park Subdivision No. 1 Unit No. 4 as Ward Lane); thence Traversing said Easterly boundary of Ward Street the following 4 courses: South 0°22'27" West a distance of 8.77 feet; thence Southwesterly a distance of 41.10 feet along a curve to the right having a central angle of 14°54'21", a radius of 158.00 feet, and a chord bearing South 7°49'38" West a distance of 40.99 feet; thence South 15'16'48" West a distance of 95.58 feet; thence Southwesterly a distance of 23.93 feet along a curve to the left having a central angle of 14'54'21", a radius of 92.00 feet, and a chord bearing South 7049'38" West a distance of 23.87 feet to a point on said Westerly boundary of said NW% NE X of Section 30; thence leaving said Easterly boundary of Ward Street South 0°22'27" West a distance of 134.68 feet to the most Northwesterly corner of Delaware Park Subdivision No.1 Unit No. 5 recorded in Canyon County, Idaho as Instrument No. 200409490 in Book 33 of Plats at Page 39; thence Traversing the Northerly boundary of said Delaware Park Subdivision No. 1 Unit No. 5 the following 2 courses: South 44°44'20" East a distance of 21.17 feet; thence South 89°50'28" East a distance of 141.37 feet to a point on the Easterly boundary of the property described in said Quitclaim Deed recorded in Canyon County, Idaho as Instrument No. 9419064; thence leaving the Northerly boundary of said Delaware Park Subdivision No. 1 Unit No. 5 North 0'15'12" East a distance of 339.86 feet along said Easterly boundary of the property described in Quitclaim Deed recorded in Canyon County, Idaho as Instrument No. 9419064 to a point on said existing Southerly right-of-way boundary of U.S. Highway 20-26; thence, North 89°50'29" West a distance of 155.65 feet along said existing Southerly right-of-way boundary of U.S. Highway 20-26 to the POINT OF BEGINNING. The above description contains 49,905 square feet or 1.15 acres. INSTPI!IIENT N( eOo53K.��a ORDINANCE NO. ORDINANCE OF THE CITY OF CALDWELL, IDAHO, ANNEXING PROPERTY WITHIN CORPORATE CITY LIMITS INTO THE MUNICIPAL IRRIGATION DISTRICT OF THE CITY OF CALDWELL, CANYON COUNTY, IDAHO, AND CHANGING BOUNDARIES THEREOF; DIRECTING CITY ENGINEER TO ALTER BOUNDARY MAP ACCORDINGLY; DECLARING INTENT OF CITY TO POOL WATER RIGHTS AND APPLY 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, S0 t abl' ity i ti min the whole or any part of the City and by ordinance ish x d em which boundaries may, from time to time, be con ed to or in Section 2: That the fi annexed and made a I the real property here See Exhibit "A" iereof, be, and the same is hereby the City of Caldwell, Idaho. That , to wit: 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 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 this Ordinance shall be effective upon its passage, approval and publication according to law. PASSED BY THE COUNCIL of the City of Caldwell, Idaho, this 20e' day of June, 2005, APPROVED BY THE MAYOR of the Ci f Caldwell, Idaho, this 20`� day of June, 2005. • Mayor ab ! Ci Clerk 06o"C 16t Iii CITY 0t � u r Q CO r- EXHIBIT'A' r* Co rn ), Proposed Annexation to the Caldwell Municipal Irrigation Distric LEGAL DESCRIPTION o o CA cs W rn rn A portion of the NW % NE K of Section 30, Township 4 North, Range 2 West, Boise Meridian, Canyon County, Idaho, more particularly described as follows: Commencing at the NW comer of NW % NE % of Section 30 (North % comer); thence South 0°22'2T West (of record as South 0610'24' East on a Quitclaim Deed recorded in Canyon County, Idaho as Instrument No. 9419064) a distance of 50.14 feet along the Westerly boundary of said NW X NE % of Section 30 to a point on the existing Southerly right-of-way boundary of U.S. Highway 20-26, said point being the POINT OF BEGINNING; thence continuing South 0°22'27" West a distance of 24.86 feet along said Westerly boundary of said NW % NE % of Section 30 to a point on a line described as the future Southerly right-of-way of U.S. Highway 20-26 as shown on the plat of Delaware Park Subdivision No. 1 Unit No. 4 recorded in Canyon County, Idaho as Instrument No_ 200302615 in Boots 32 of Plats at Page 6; thence South 89050'28" East a distance of 33.00 feet along said future Southerly right-of-way of U.S. Highway 20-26 to a point on the Easter wryir" (Btu oiat of Delaware Park Subdivision No. 1 Unit No, 4 as Ward Lane); Traversing said Easterly bo ry i[�`VtifaI treet i n u South 0°22'27" Wes ;disoe 77 f�+et; Southwesterly a dis 4 1. 1 et alb a ape e ri ving a central angle of 14064'21", a radius of 158.00 feet, and a c-:Oaarinuti 7°g '3 " i e <dis of 40.99 feet; thence .. South 15918'48" West lance Sf.SB" et;efrcd Southwesterly a distance -of 23.93 � ong a;rvnre 1e having a central angle of 14°54'21 ", a radius of 92.00 feet, and a chord bearing South 7049'38" West a distance of 23.87 feet to a point on said Westerly boundary of said NW % NE % of Section 30; thence leaving said Easterly boundary of Ward Street South 0022'27" West a distance of 134.68 feet to the most Northwesterly comer of Delaware Park Subdivision No. 1 Unit No. 5 recorded in Canyon County, Idaho as Instrument No. 200409490 in Book 33 of Plats at Page 39; thence Traversing the Northerly boundary of said Delaware Park Subdivision No. 1 Unit No. 5 the following 2 courses: South 44044'20" East a distance of 21.17 feet; thence South 89050'28" East a distance of 141.37 feet to a point on the Easterly boundary of the property described in sold Quitclaim Deed recorded in Canyon County, Idaho as Instrument No. 9419064; thence leaving the Northerly boundary of said Delaware Park Subdivision No. 1 Unit No. 5 North 0015'12" East a distance of 339.86 feet along said Easterly boundary of the property described in Quitclaim Deed recorded in Canyon County, Idaho as Instrument No. 9419064 to a point on said existing Southerly right-of-way boundary of U.S. Highway 20-26; thence ,North 89050'29" West a distance of 165.65 feet along said existing Southerly right-of-way boundary of U.S. " Highway 20-26 to the POINT OF BEGINNING. The above description contains 49,905 square feet or 1.15 acres. MEMORANDUM TO: Caldwell City Council Meeting Date October 17, 2023 CALDWELL AGENDA ITEM INFORMATION SUBJECT: De -annexation of a parcel located at 11471 Hwy 20/26 that was previously annexed into the CMID as defined in the Ordinance 2557 - dated June 20, 2005, Instrument #200536530 Department Submittals X to mark Initials Building Department CDBG Clerk City Attorney Finance Department Human Resources Planning & Zoning Fire Department Police Department Public Works Street Department Water Department W WTP En ineerin X TJ Frans Mapping COST IMPACT: $0.00 Parks and Recreation FUNDING SOURCE: Airport Information Systems TIMELINE: Golf Course OTHER: SUMMAR Y STA TEMENT: Requested Action: Waive Three Reading Rule Approve irrigation de -annexation ordinance Approve Summary for publication Attached is a request by Caldwell Municipal Irrigation District (CMID) for the above mentioned parcel to be de -annexed out of the CMID due to land being purchased by the Idaho Transportation Department (ITD) for their Highway 20/26 and no longer needs to receive irrigation water nor does it need to be included in the CMID boundaries. RECOMMENDED ACTION: It is the recommendation of the Engineering Department that Council approves the de -annexation as submitted.