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HomeMy WebLinkAboutORD 3740 1620 Aviation Way AnnexationBILL NO.6 ORDINANCE NO. 3740 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 M-1 (GENERAL INDUSTRIAL) ZONE; 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. ANN26-000002(1620 Aviation Way Annexation) at a public hearing held this 151h day of June, 2026. 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 M-1 (General Industrial): A parcel of land being more particularly described in Exhibit A: Legal Description and as shown in Exhibit B: Map Exhibit. 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 M-1 (General 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 All ordinances, resolutions, orders or parts thereof in conflict herewith are hereby repealed, rescinded and annulled.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 15'h day of June, 2026. APPROVED BY THE MAYOR OF THE CITY OF CALDWELL, IDAHO, this 151h day of June, 2026. ;• ����..�������,.,, ATTEST c of alb" ' 21 ClerkAN • O 0 •,., CbUNT ' �, he • s $nd Canyon County Recorder's Office Document Cover Sheet 2026-032168 RECORDED 08110/2026 02:36 PM llLltiLLLII 11111111 IL�1llti�l�lL1111 1111�1�ILl11111 00946363202600321680080084 ,LESS URRESTI CANYON COUNT`( RECORDoER E Pgs=8 JWINSLOW ORDINANCE CALDWELL CITY OF EXHIBIT A: LEGAL DESCRIPTION km E N G I N E E R I N G April 29, 2026 Project No. 22-052 Annexation Legal Description Exhibit A A parcel of land being a portion of Lots 26, all of Lot 27 and a portion of right-of-way of City View Tracts (Book 1 of Plats, Page 9) and a portion of the Southeast 1/4 of the Northeast 1/4, situated in the Southeast 1/4 of the Northeast 1/4 of Section 26, Township 4 North, Range 3 West, Boise Meridian, Canyon County, Idaho, and being more particularly described as follows: BEGINNING at a found aluminum cap marking the East 1/4 corner of said Section 26, which bears S89°48'45"E a distance of 2,647.53 feet from a found brass cap marking the Center 1/4 corner of said Section 26, thence following the southerly line of said Southeast 1/4 of the Northeast 1/4, N89°48'45"W a distance of 166.88 feet; Thence leaving said southerly line, N32°47'28"W a distance of 29.80 feet to a found 5/8-inch rebar marking the Southwest corner of a parcel of land as described in Quitclaim Deed per Instrument No. 2023-009679; Thence following the boundary of said Quitclaim Deed the following two (2) courses: 1. N32"47'28"W a distance of 108.81 feet to a point being witnessed by a found 5/8-inch rebar, which bears N54"37'28"W a distance of 15.00 feet; 2. N54°37'28"W a distance of 128.18 feet to a found 5/8-inch rebar on the northeasterly right-of-way line of Andy Lane; Thence leaving said Quitclaim Deed boundary, S65°47'31"W a distance of 30.00 feet to the northeasterly right-of-way of Interstate 84; Thence following said northeasterly right-of-way, N24"12'29"W a distance of 187.03 feet; Thence leaving said northeasterly right-of-way, N65"47'31"E a distance of 30.00 feet to a found 5/8-inch rebar on said Quitclaim Deed boundary; Thence following said Quitclaim Deed boundary, N30°03'10"E a distance of 166.85 feet to a found 5/8-inch rebar on the southerly bank of the Canyon Hill Lateral; Thence leaving said Quitclaim Deed boundary, N50°03'00"E a distance of 49.07 feet to the southerly boundary of Lot 1, Block 1 of Caldwell Commercial Park Subdivision #2 (Book 28 of Plats, Page 23); Thence following said southerly boundary the following two (2) courses: 1. S39°57'00" E a distance of 54.92 feet; 2. S60°41'00"E a distance of 274.74 feet to the Southeast corner of said Lot 1; Thence leaving said southerly boundary, S60°41'OOE a distance of 34.26 feet to the easterly line of said Southeast 1/4 of the Northeast 1/4; Thence following said easterly line, SOO"27'OO"W a distance of 344.40 feet to the POINT OF BEGINNING. Said parcel contains 3.459 acres, more or less, and is subject to all existing easements and/or rights -of -way of record or implied. All subdivisions, deeds, records or surveys, and other instruments of record referenced herein are recorded documents of the county in which these described lands are situated. Attached hereto is Exhibit B and by this reference is made a part hereof. 5725 North Discovery Way 6 Boise, Idaho 83713 • 208.639.6939 • kmengllF EXHIBIT B: MAP EXHIBIT NS(Y03'00"E 49.07 1 N65'47'31"E� 30.00'-A S65'47'31'W 30.00' LEGEND FA S39'57'00"E 23 24 /--54.92' NORTHEAST CORNER, SECTION 26 26 125 ca/aw e 'N °M c� r I \ hi ssp Ar MS,ohRi°�� I o ah M FOUND ALUMINUM CAP FOUND BRASS CAP \ FOUND 5/8- REBAR S60'41'00"E CALCULATED POINT 34.26' SECTION LINE BOUNDARY LINE ADJACENT BOUNDARY LINE Parcel: R0070600000 Annexation Area: 3.459± AC 15' WITNESS CORNER 2\ CENTER 1/4 CORNER, d' SECTION 26 � — — — 24$0.65' _ S89'48'45"E 2647.53 BASIS OF BEARING I" ENGINE ER ING 5725 NORTH DISCOVERY WAY NOISE, IDAHO 83713 PHONE 1208) 639-6939 kmengllp.com DATE: April, 2026 PROJECT: 22-052 SHEET: 1 OF I 47'28"W 29.80' 19 It a 3 O O o (0 +- eq ra N > a 0 in N89'48'45"W 166.88' alk'25 26 POINT OF BEGINNING EAST 1/4 CORNER, SECTION 26 WN0 80 160 240 Plan Scale: 1" = 80' Exhibit B Annexation Portion of Lot 26, all of Lot 27, and a portion of right-of-way of City View Tracts, and a portion of the SE 1/4 of the NE 1/4, Sec. 26, TAN,, R.3W., B.M., Canyon County, ID ORDINANCES OF THE CITY OF CALDWELL NOTICE OF ADOPTION AND SUMMARY OF ORDINANCE NO. 3740 REGARDING ANNEXATION AND ZONE DESIGNATION OF CERTAIN PROPERTY 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 M-1 (GENERAL INDUSTRIAL) ZONE; DECLARING SAID LANDS BY PROPER LEGAL DESCRIPTION AS DESCRIBED BELOW TO BE A PART OF THE CITY OF CALDWELL, CANYON COUNTY, IDAHO; PROVIDING FOR AN EFFECTIVE DATE; PROVIDING FOR SEVERABILITY; AND REPEALING ALL ORDINANCES, RESOLUTIONS, ORDERS OR PARTS THEREOF IN CONFLICT HEREWITH; Ordinance No. 3740, provided for the annexation of: A parcel of land being a portion of Lot 26, all of Lot 27, and a portion of right-of-way of City View Tracts (Book 1 of Plats, Page 9) and a portion of the SE % NE %, situated in the SE % NE % Section 26, T4N, R3W, BM, Canyon County, Idaho, and being more particularly described as follows: BEGINNING at the E % corner of said Section 26, which bears S89°48'45"E, 2647.53 feet from the C'/4 corner of said Section 26, thence N89048'45"W, 166.88 feet following the southerly line of said SE % NE %; thence N32047'28"W, 29.80 feet to the SW corner of a parcel of land as described in Quitclaim Deed per Instrument No. 2023-009679; thence following the boundary of said Quitclaim Deed the following two (2) courses: N32'47'28"W, 108.81 feet; thence N54°37'28"W, 128.18 feet to the northeasterly right-of-way line of Andy Lane; thence leaving said Quitclaim Deed boundary, S65047'31"W, 30.00 feet to the northeasterly right-of-way of Interstate 84; thence N24012'29"W, 187.03 feet following said northeasterly right-of-way; thence N65047'31"E, 30.00 feet to a point on said Quitclaim Deed boundary; thence N30003'10"E, 166.85 feet following said Quitclaim Deed boundary to the southerly bank of the Canyon Hill Lateral; thence N50°03'00"E, 49.07 feet to the southerly boundary of Lot 1, Block 1 of Caldwell Commercial Park Subdivision #2 (Book 28 of Plats, Page 23); thence following said southerly boundary the following two (2) courses: S39°57'00"E, 54.92 feet; thence S60°41'00"E, 274.74 feet to the SE corner of said Lot 1; thence leaving said southerly boundary, S60041'00"E, 34.26 feet to the easterly line of said SE % NE %; thence S00027'00"W, 344,40 feet following said easterly line to the POINT OF BEGINNING. Said parcel contains 3.459 acres, more or less. Section 1. This ordinance shall be in full force and effect from and after its passage, approval, and publication, according to law. Section 2. This ordinance is hereby declared to be severable. If any portion of this ordinance is declared invalid by a court of competent jurisdiction, the remaining provisions shall continue in full force and effect and shall be read to carry out the purposes of the ordinance before the declaration of partial invalidity. Section 3. All ordinances, resolutions, orders and parts thereof in conflict herewith are repeated. Ordinance No. 3740 was passed by the Council and approved by the Mayor on the 151h day of June, 2026. The full text of the Ordinance is available at Caldwell City Hall, 205 S 61h Ave, Caldwell, Idaho 83605. The Mayor and City Council approved this summary on thel5th day of June, 2026, for publication on the 161' day of June, 2026, pursuant to Idaho Code § 50-901A. STATEMENT OF LEGAL ADVISOR I have reviewed the foregoing summary and believe that it provides a true and complete summary of Ordinance No. 3740 and provides adequate notice to the public as to the contents of such ordinance. DATED this. �, day of� .2026 Oscar Klaas, Attornyy for ity of Caldwell