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HomeMy WebLinkAboutORD 3478�`t�ie Divtp r'. 4: , F � r 2023-038795 RECORDED 12/06/2023 01:43 PM 1111111111111111111111111111111111111111111111111 00788467202300387950030034 CHRIS YAMAMOTO CANYON COUNTY RECORDER Pgs=3 ZBLAKESLEE NO FEE ORDINANCE CITY OF CALDWELL Canyon County Recorder's Office Document Cover Sheet z BILL NO. 84 ORDINANCE NO. 3478 AN ORDINANCE DETERMINING THAT CERTAIN LAND LAYS CONTIGUOUS TO THE CITY LIMITS OF THE CITY OF CALDWELL, COUNTY OF CANYON, STATE OF IDAHO, AND THAT SAID LANDS SHOULD BE ANNEXED TO THE CITY OF CALDWELL, IDAHO, AS PART OF THE C-3 (SERVICE COMMERCIAL) AND M-1 (LIGHT INDUSTRIAL) ZONES; DECLARING SAID LANDS BY PROPER + LEGAL DESCRIPTION AS DESCRIBED BELOW TO BE A PART OF THE CITY OF CALDWELL, CANYON COUNTY, IDAHO; DIRECTING THE CITY ENGINEER AND PLANNING AND ZONING DIRECTOR TO ADD SAID PROPERTY TO THE OFFICIAL MAPS OF THE CITY OF CALDWELL, IDAHO; REPEALING ALL ORDINANCES, RESOLUTIONS, ORDERS OR PARTS THEREOF IN CONFLICT HEREWITH; AND DIRECTING THE CLERK OF THE CITY OF CALDWELL TO FILE A CERTIFIED COPY OF THE ORDINANCE AND MAP OF THE AREA TO BE ANNEXED WITH CANYON COUNTY, STATE OF IDAHO AND THE IDAHO STATE TAX COMMISSION, PURSUANT TO IDAHO CODE, SECTION 63-215. 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 Planning and Zoning Commission and following the public notice and hearing procedures set forth in Section 10-01-07, Zoning Ordinance No. 1451, approved Case No. ANN22-000016 (Cleveland Flex ANNEXATION) at a public hearing held this 51h day of December, 2023 Section 2. The parcel is contiguous to the City of Caldwell, Idaho and the applicant has requested that said following described property should be annexed into the City of Caldwell as C-3 (Service Commercial) and M-1 (Light Industrial): C-3 Zone Being a portion of the NE % of Section 1, T3N, R3W, BM, Canyon County, Idaho, being further described as follows: COMMENCING at the NE corner of said Section, from which the E 1/16th corner bears N89054'40"W, 1324.52 feet; thence N89154'40"W, 1299.69 feet on the north line of said Section 1; thence S00105'20"W, 186.39 feet to the NW corner of Parcel 2 as shown on Record of Survey, Instrument Number 2010025912, Canyon County records, also being a point on the southerly line of the railroad right-of-way; thence S46°14'56"E, 975.00 feet on last said southerly line to a point on the centerline of the Notus Canal; thence S44015'04"W, 702.27 feet on said centerline of the Notus Canal, also being the easterly line of said Parcel 2 to the POINT OF BEGINNING; thence continuing S44°15'04"W, 367.96 feet on last said line to a non - tangent point of curvature on the centerline of Cleveland Boulevard; thence 352.89 feet on said centerline through the arc of a curve to the left having radius of 14122.91 feet, a central angle of 01°25'54" and a chord bearing N47022'35"W, 352.88 feet to a point on the southerly extension of the westerly line of said Parcel 2; thence N05°15'04"E, 486.36 feet on last said line; thence S45044'56"E, 658.82 feet to the POINT OF BEGINNING. Contains 4.34 acres, more or less. M-1 Zone Being a portion of the NE'% of Section 1, T3N, R3W, BM, Canyon County, Idaho, being further described as follows: COMMENCING at the NE corner of said Section, from which the E 1/16th corner bears N89054'40"W, 1324.52 feet; thence N89154'40"W, 1299.69 feet on the north line of said Section 1; thence S00°05'20"W, 186.39 feet to the NW corner of Parcel 2 as shown on Record of Survey, Instrument Number 2010025912, Canyon County records, also being a point on the southerly line of the railroad right-of-way, also being the POINT OF BEGINNING; thence S46014'56"E, 975.00 feet on last said southerly line to a point on the centerline of the Notus Canal; thence S44015'04"W, 702.27 feet on said centerline of the Notus Canal, also being the easterly line of said Parcel 2, thence N45044'56"W, 658.82 feet to a point on the westerly line of said Parcel 2; thence N05015'04"E, 385.17 feet on last said line; thence 183.43 feet on a curve to the right having a radius of 287.94 feet, a central angle of 36030'04" and a chord bearing N23°30'04"E, 180.35 feet; thence N41 °45'04"E, 226.00 feet to the POINT OF BEGINNING. Containing 14.14 acres, more or less. Total combined contains 18.48 acres, more or less 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 C-3 (Service Commercial) and M-1 (Light Industrial). 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. Section 6. The Clerk of the City of Caldwell, Idaho shall, within 10 days following the effective date of this ordinance, duly file a certified copy of this ordinance and a map prepared in a draftsman -like manner plainly and clearly designating the boundaries of the City of Caldwell, including the land herein annexed, with the following officials of the County of Canyon, State of Idaho, to -wit: the Recorder, Auditor, Treasurer and Assessor and shall file simultaneously a certified copy of this ordinance with the State Tax Commission of the State of Idaho, all in compliance with Idaho Code 63-215. PASSED BY THE COUNCIL OF THE CITY OF CALDWELL, IDAHO, this 5t" day of December, 2023. APPROVED BY THE MAYOR OF THE CITY OF CALDWELL, IDAHO, this 5th day of December, 2023. V D Mayor Jarom Wago I : N0 /89e .•�• ATTEST: MR Ali; Link City Clerk ORDINANCES OF THE'CITY OF CALDWELL NOTICE OF ADOPTION AND SUMMARY OF ORDINANCE NO. 3478 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-3 (Service Commercial) and M-1 (Light Industrial) zoning. C-3 Zone Being a portion of the NE % of Section 1, T3N, R3W, BM, Canyon County, Idaho, being further described as follows: COMMENCING at the NE corner of said Section, from which the E 1/16th corner bears N89054'40"W, 1324.52 feet; thence N89054'40"W, 1299.69 feet on the north line of said Section 1; thence S00005'20"W, 186.39 feet to the NW corner of Parcel 2 as shown on Record of Survey, Instrument Number 2010025912, Canyon County records, also being a point on the southerly line of the railroad right-of-way; thence S46014'56"E, 975.00 feet on last said southerly line to a point on the centerline of the Notus Canal; thence S44015'04"W, 702.27 feet on said centerline of the Notus Canal, also being the easterly line of said Parcel 2 to the POINT OF BEGINNING; thence continuing S44015'04"W, 367.96 feet on last said line to a non -tangent point of curvature on the centerline of Cleveland Boulevard; thence 352.89 feet on said centerline through the arc of a curve to the left having radius of 14122.91 feet, a central angle of 01025'54" and a chord bearing N47°22'35"W, 352.88 feet to a point on the southerly extension of the westerly line of said Parcel 2; thence N05015'04"E, 486.36 feet on last said line; thence S45°44'56"E, 658.82 feet to the POINT OF BEGINNING. Contains 4.34 acres, more or less. M-1 Zone Being a portion of the NE % of Section 1, T3N, R3W, BM, Canyon County, Idaho, being further described as follows: COMMENCING at the NE corner of said Section, from which the E 1/16th corner bears N89054'40"W, 1324.52 feet; thence N89154'40"W, 1299.69 feet on the north line of said Section 1; thence S00005'20"W, 186.39 feet to the NW corner of Parcel 2 as shown on Record of Survey, Instrument Number 2010025912, Canyon County records, also being a point on the southerly line of the railroad right-of-way, also being the POINT OF BEGINNING; thence S46014'56"E, 975.00 feet on last said southerly line to a point on the centerline of the Notus Canal; thence S44°15'04"W, 702.27 feet on said centerline of the Notus Canal, also being the easterly line of said Parcel 2; thence N45044'56"W, 658.82 feet to a point on the westerly line of said Parcel 2; thence N05015'04"E, 385.17 feet on last said line; thence 183.43 feet on a curve to the right having a radius of 287.94 feet, a central angle of 36030'04" and a chord bearing N23030'04"E, 180.35 feet; thence N41 °45'04"E, 226.00 feet to the POINT OF BEGINNING. Containing 14.14 acres, more or less. Total combined contains 18.48 acres, more or less. The Ordinance includes a provision to amend the official maps of the City by designating the above - described property as M-1 and providing an effective date, which shall be when published in the Idaho Press Tribune on the 12th day of December, 2023. Ordinance No. 3478 was passed by the Council and approved by the Mayor on the 5th day of December 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 5th day of December 2023. STATEMENT OF LEGAL ADVISOR I have reviewed the foregoing summary and believe that it provides a true and complete summary of Ordinance No. 3478 and provides adequate notice to the public as to the contents of such ordinance. DATED this 5th day of December 202 . Mark Hilty, Attorney for City of Caldwell