HomeMy WebLinkAboutORD-3426 Signed2022-043476
RECORDED
0911612022 12:37 P?t
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CHRIS YAMAMOTO
CANYON COUNry RECORDER
Pgs=3 TYOUREN NO FEE
ORDINANCE
CALDWELL CIry OF
Canyon County 0 aD 54JL
Recorder's Office
Document
Cover Sheet
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BILL NO. 32
ORDINANCE NO. 3426
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 R.3 (HIGH DENSITY
RESIDENTIAL) ZONE; DECLARING SAID LANDS BY PROPER LEGAL DESCRIPTION AS
DESCRIBEO 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 lN 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 Hearing Examiner and
following the public notice and hearing procedures set forth in Section 10-01-07, Zoning Ordinance No.
1451, approved Case No. ANN22-00001 1 (Alante Homes at Spring Run Annexation) at a public hearing
held this 15th day of September, 2022
Section 2. The parcel is contiguous to the City of Caldwell, ldaho and the applicant has requested that
said following described property should be annexed into the City of Caldwell as R-3 (High Density
Residential):
A parcel of land being a portion of Government Lot 3, the SE % NW %, and the NE % SW % of Section 1,
Township 3 North, Range 3 West, Boise Meridian, Caldwell, ldaho, more particularly described as follows:
COMMENCING at the W % corner of said Section 1, from which the N 1/l6rhcorner on the West line of said
Section 1 bears N00"28'29"E, 1323.13 feet; thence N88"59'04'E, 1277.40 leel coincident with the East-
West center section line of said Section 1 to the SE corner of Ashton Hills Subdivision Unit No. 5 plat,
recorded in Book 32, Page 9, records of Canyon County, the POINT OF BEGINNING; thence N01"13'20"E,
1558.95 feet coincident with the easterly boundary of said Ashton Hills Subdivision Unit No. 5 and Ashton
Hills Subdivision Unit No. 2, recorded in Book 28, Page 30, records of Canyon County; thence 543'31'50"E,
28.10 feet continuing coincident with said easterly boundary of Ashton Hills Subdivision Unit No.2; thence
N00"24'03"E, 6.91 feet continuing coincident with said easterly boundary to the centerline of the Elijah
Drain; thence coincident with said Drain centerline for the following four (4) courses and distances:
542'33'24"E, 487.83 feet; thence S42"32'09"E, 874.35 feet; thence 527'08'11"E, 308.49 feet; thence
S14"20'20'E, 254.39 feet to a point on the east-west center section line of said Section 1; thence
S89"00'05'W, 54.13 feet coincident with said center section line to the west bank of the Eliiah Drain; thence
514"2?'24"E,938.8'l feet coincident said west bank to a point on the north-soulh center section line of said
Section 1; thence S00'19'01'W, 125.94 feet coincident with said north-south center section line to the SE
corner of those lands shown in Record of Survey lnst. No. 1995018306, records of Canyon County; thence
S89"00'45'W, 388.50 feet coincident with the southerly line of Parcel 'l of said Record of Survey to the SW
corner of said Parcel 1; thence coincident with the easterly line of said Parcel 1 the following twenty (20)
courses and dislances; N08'23'54'W, 118.36 feet; thence N15"23'52"W, 81.08 feeu thence N21"51'56'W,
109.22 feet; thence N27'33'31'W, 79.36 feet; thence N33'35'30'W, 51.87 feet; thence N34'39'07'W, 37.50
feet; thence N40'43'47'W, 63.50 feet; thence N47"03'35"W,72.20 feet; thence N54'12'15'W, 62.71 feet;
thence N61"25'30'W, 56.83 feet; thence N72'54'04"W, 47.14 feet; thence S88"52'091fl, 99.28 feet; thence
563"22'43'W, 106.22 feeli thence N25"16'53'W, 215.50 feet; thence N33'57'23'W, 249.92 feet; thence
N63"02'09"W, 48.72 feel: thence N73"31'57'W, 43.79 feet; thence N63"28'22'W, 8.57 feeu thence
N00'24'01"E, 16.21 feet; thence S88"59'08'W, 42.01 to the POINT OF BEGINNING. Contains 40.26 acres,
more or less.
Section 3. That the City Engineer and the Planning and Zoning Director of the City of Caldwell, ldaho, 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, ldaho 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.
Section 6. The Clerk of the City of Caldwell, ldaho 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 ldaho, 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 ldaho, all in compliance with ldaho Code 63-215.
PASSED BY THE COUNCIL OF THE CITY OF CALDWELL, IDAHO, this 15rh day of September,2022.
APPROVED BY THE MAYOR OF THE CITY OF CALoWELL, IDAHO, this 1srh day of September.2022
^ ^\^r--ATTESTuit'oilrim wlgEer
City Clerk
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ORDINANCES OF THE CITY OF CALDWELL
NOTICE OF ADOPTION AND SUMMARY OF
ORDINANCE NO. 3426
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 R-3 (High Density Residential) zoning.
A parcel of land being a portion of Government Lot 3, the SE % NW y,, and lne NE % SW % of
Section 1, Township 3 North, Range 3 West, Boise Meridian, Caldwell, ldaho, more particularly
described as follows
COMMENCING at the W % corner of said Section 1 , from which the N l/16th corner on the West
line of said Section 1 bears N00'28'29"E, 1323.13 feet; thence N88'59'04"E, 1277.40 teel
coincident with the East-West center section line of said Section 1 to the SE corner of Ashton Hills
Subdivision Unit No. 5 plat, recorded in Book 32, Page 9, records of Canyon County, the POINT
OF BEGINNINGi thence N01"13'20"E, 1558.95 feet coincident with the easterly boundary of said
Ashton Hills Subdivision Unit No. 5 and Ashton Hrlls Subdivision Unit No. 2, recorded in Book 28,
Page 30, records of Canyon County; thence S43'31'50"E, 28.10 feet continuing coincident with
said easterly boundary of Ashton Hills Subdivision Unrt No.2; thence N00'24'03"E, 6.91 feet
continuing coincident with said easterly boundary to the centedine of the Elrah Drain; thence
coincident with said Drain centerline for the following four (4) courses and distances: s'42"33'24"E,
487.83 feet; thence S42'32'09'E, 874.35 feet; thence 527"08'11"E, 308.49 feet; thence
S14'20'20"E, 254.39 feet to a point on the east-west center section line of said Section 'l; thence
S89'00'05'W, 54.13 feet coincident with said center section line to the west bank of the Elrlah Orain;
thence S14'22'24'E, 938.81 feet coincident said west bank to a point on the north-south center
section line of said Section 1, thence S00'19'01"W, 125.94 feet coincident with said north-south
center section line to the SE corner of those lands shown in Record of Survey lnst. No.
1995018306, records of Canyon County, thence S89'00'45"W, 388.50 feet coincident with the
southerly line of Parcel 1 of said Record of SuNey to the SW corner of said Parcel 1; thence
coincident with the easterly line of said Parcel 1 the following twenty (20) courses and distances;
N08'23'54'W, 118.36 feet; thence N15'23'52"W, 81.08 feet: thence N21'51'56'W, 109.22 feel:
thence N27'33'31"W, 79.36 feet; thence N33'35'30'W, 5'1.87 feet; thence N34'39'07"W, 37.50
feet; thence N40"43'47'W, 63.50 feet; thence N47'03'35'W, 72.20 feet; thence N54"12'15'W,
62.71 feel; thence N61'25'30"W, 56.83 feet; thence N72'54'04"W, 47 14 feet; thence
S88'52'09'W, 99.28 feet; thence S63'22'43'W, 106.22 feet; thence N25'16'53'W,215.50 feet;
thence N33'57'23"W , 249.92 feet, thence N63'02'09'W 48.72feel:, thence N73'31'57"W, 43.79
feet; thence N63'28'22'W, 8.57 feet; thence N00'24'01"E. 16.21 feeti thence S88'59'08"W, 42.01
to the POINT OF BEGINNING. Contains 40.26 acres, more or less.
The Ordinance includes a provision to amend the offlcial 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
ldaho Press Tribune on the 20th day of Septembet,2022. Ordlnance No. 3426 was passed by the
Council and approved by the Mayor on the 15rh day of September,2022. fhe full text of the
Ordinance is available at Caldwell City Hall, 411 Blaine Street, Caldwell, ldaho. The Mayor and
City Councal approved the foregoi
the 1sth day of September, 2022
ng sum publication pursuant to ldaho code 50-9014 on
STATEMENT OF LEGAL A OR
I have reviewed the foregoing summary
that it provides a true and complete su
No. 3426 and provides adequate
the contents of such ordinance.
DATED this 'l5h day of September, 2022
Mark Hilty, Attorney for City of Caldwell
imary of Ordinance
to the public as to
d believe