HomeMy WebLinkAboutORD 1707 2021-027405
RECORDED
04/15/2021 02:35 PM
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00605734202100274050090099
734202100274050090099
CHRIS YAMAMOTO
CANYON COUNTY RECORDER
Pgs=9 MBROWN NO FEE
MISC
CITY OF CALDWELL
AFFIDAVIT OF CITY CLERK
RELATING TO RECORDING OF PREVIOUSLY ADOPTED
ORDINANCES OF THE CALDWELL CITY COUNCIL
CALDWELL,IDAHO
STATE OF IDAHO )
) ss.
COUNTY OF CANYON )
I, DEBBIE GEYER, duly appointed City Clerk of the City of Caldwell, Idaho, an Idaho
municipal corporation of 411 Blaine Street, Caldwell, Idaho 83605, being first duly sworn, under
oath, deposes and states as follows:
1. I am the duly appointed City Clerk of the City of Caldwell, Idaho.
2. In the performance of my duties as City Clerk, it was discovered that Ordinance
No. 1698, enclosed herewith a marked as Exhibit"A," adopted by the Caldwell City Council and
approved by the Mayor on June 24, 1985,which ordinance accomplished the annexation of certain
contiguous and adjacent lands into the city limits of the City of Caldwell, Idaho, and to the initial
zoning designation of said lands,was never recorded in the office of the Canyon County Recorder.
3. In the further performance of my duties as City Clerk, it was also discovered that
Ordinance No. 1707, enclosed herewith a marked as Exhibit "B," adopted by the Caldwell City
Council and approved by the Mayor on September 3, 1985,which ordinance contained a corrected
legal description(acting as an amendment to the above-referenced Ordinance No. 1698,correcting
an error to a portion of the legal descriptions provided in said ordinance),was also never recorded.
AFFIDAVIT OF CITY CLERK-PAGE 1
3. To ensure a full and complete record in the office of the Canyon County Recorder
of all annexation ordinances affecting real property within the City of Caldwell, Idaho, I have
enclosed said Ordinance No. 1698 (Exhibit"A") and said Ordinance No. 1707 (Exhibit"B")with
this affidavit, in preparation to submit both of said ordinances for recording in the office of the
Canyon County Recorder.
4. Affiant notes, for the record, that Idaho Code § 63-215, which requires, among
other things, that annexation ordinances altering a city's boundaries, such as the enclosed
ordinances, be "recorded with the county recorder . . . within thirty (30) days following the
effective date of such . . . alteration . . .," was not enacted by the Idaho Legislature until July 1,
1996,more than ten(10)years following the passage of the enclosed ordinances.
DATED this 15th day of April, 2021.
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SUBSCRIBED AND SWORN to before me this 15th day of April,2021.
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AFFIDAvrr OF CITY CLERK-PAGE 2
EXHIBIT "A"
CITY OF CALDWELL,IDAHO
Ordinance No. 1698
Passed and Approved June 24, 1985
BILL NO. 13
ORDINANCE NO. 1698
AN ORDINANCE DETERMINING THAT CERTAIN LANDS LIE CONTIGUOUS OR
ADJACENT TO THE CITY OF CALDWELL, COUNTY OF CANYON, STATE OF IDAHO;
THAT SAID LANDS HAVE BEEN LAID OFF BY THE OWNERS OR PROPRIETORS,
OR WITH THE OWNER'S AUTHORITY OR ACQUIESCENCE, INTO LOTS OR BLOCKS
CONTAINING NOT MORE THAN FIVE ACRES OF LAND EACH; OR THAT THE OWNERS
OR PROPRIETORS OF SAID LANDS, OR OTHER PERSONS WITH THE CONSENT OF
SAID OWNERS OR PROPRIETORS, HAVE SOLD OR BEGUN TO SELL OFF SUCH CON-
TIGUOUS OR ADJACENT LANDS BY METES AND BOUNDS IN TRACTS NOT EXCEEDING
FIVE ACRES, OR THAT THE OWNERS OF SAID LANDS HAVE CONSENTED AND
AGREED THAT SAID LANDS BE ANNEXED TO THE CITY OF CALDWELL, IDAHO,
AS PART OF SPECIFIC ZONES; AND DECLARING SAID LANDS BY PROPER LEGAL
DESCRIPTION THEREOF AS DESCRIBED IN EXHIBITS A, B, C AND D TO BE A
PART OF THE CITY OF CALDWELL, CANYON COUNTY, IDAHO; REPEALING ALL
ORDINANCES, RESOLUTIONS OR ORDERS OR PARTS THEREOF IN CONFLICT HERE-
WITH; AND DIRECTING THE CITY ENGINEER TO ADD SAID PROPERTIES TO THE
OFFICIAL MAP OF THE CITY OF CALDWELL, IDAHO.
BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE CITY OF
CALDWELL, IDAHO:
Section 1. That the lands described in Exhibits A, B, C and
D are contiguous and adjacent to the City of Caldwell, Idaho; that
said lands have been by the owners or proprietors thereof, or with
the consent of the owners or proprietors , laid off into lots or
blocks containing not more than five acres of land each; that cer-
tain of said lands , by the owners or proprietors thereof, or with
the authority of the owners or proprietors , have been sold, or have
begun to be sold, by metes and bounds , in tracts not exceeding five
acres ; or that the owners of said lands have consented and agreed
that said lands should be annexed to the City of Caldwell, Idaho.
Section 2 . It is hereby declared by the Mayor and Council of
the City of Caldwell that the lands described in Exhibits A, B, C
and D by proper legal description are hereby declared to be a part
of the City of Caldwell , Canyon County , Idaho .
Section 3. It is further declared as follows :
That said land described in Exhibit A is hereby made a part
of the C-4 interchange or freeway commercial zone .
That said land described in Exhibit B is hereby made a part
of the C-3 service commercial zone.
That said land described in Exhibit C is hereby made a part
of the M-1 light industrial zone.
That said land described in Exhibit D is hereby made a part
of the R-1 single family residential zone .
Section 4. The full and complete legal description of the
lands herein declared to be a part of the City of Caldwell , Idaho,
as hereinabove set forth are particularly set forth in Exhibits A,
ORDINANCE - 1
B, C and D.
Section 5. Saving Clause. Should any section, subsection,
sentence, or clause in this ordinance, for any reason be declared
unconstitutional, void, ineffective , or invalid, no other part of
this ordinance which can be given effect notwithstanding shall be
invalid, void, ineffective or fail on account thereof.
Section 6. All ordinances , resolutions , orders , or parts
thereof in conflict herewith are hereby repealed, rescinded and
annulled.
Section 7. This ordinance shall be in full force and effect
from and after its passage , approval and publication, according to
law.
Section 8. All of the lands described in said ordinance shall
be subject to taxation as other property and persons within the cor-
porate limits of the City of Caldwell, Canyon County, Idaho, upon
filing of a certified copy of this ordinance with the County Recorder
and County Assessor of the County of Canyon, State of Idaho, and
the State Tax Commission, State of Idaho.
PASSED BY THE COUNCIL of the City of Caldwell this 24th day
of June , 1985.
APPROVED BY THE MAYOR of the City of Caldwell this 24th day
Of June , 1985.
Ma T o- _ - --
ATTEST:
e •
Citi Cler
ORDINANCE - 2
EXHIBIT A
VAL FELLER PROPERTY
C-4 INTERCHANGE OR FREEWAY COMMERCIAL
BEGINNING at the Northeast corner of the Northeast Quarter of the
Southeast -Quarter of the Southwest Quarter of Section 23, Township
4 North , Range 3 West of the Boise Meridian;
thence South 0°35' 38" East along the Easterly boundary of said
Northeast Quarter of the Southeast Quarter of the Southwest Quarter,
a distance of 649. 98 feet to a point on the Northerly right of way
of Interstate 84 ; thence North 61°30 ' 33" West along said Interstate
right of way , a distance of 194 . 54 feet to a point which lies on
a line 170 feet Westerly of and parallel with said Easterly boundary
of said Northeast Quarter of the Southeast Quarter of the Southwest
Quarter; thence North 0°35' 38" West along said line, a distance of
555. 70 feet to a point on the Northerly boundary of said Northeast
Quarter of the Southeast Quarter of the Southwest Quarter; thence
North 89°31' 29" East along said Northerly line , 170 feet to the
POINT OF BEGINNING.
EXHIBIT B
T AND D PARTNERSHIP
C-3 SERVICE COMMERCIAL
All of Lot 4 lying West of the Elijah Drain in the Northwest Quarter
of the Northwest Quarter of Section 1 , Township 3 North, Range 3 West
of the Boise Meridian, Canyon ,County , Idaho , and including adjacent
street rights of way to the centerline of Ustick Road and Lake Avenue .
EXHIBIT C
MCGARVIN PROPERTY
M-1 LIGHT INDUSTRIAL
A part of the Northeast Quarter of the Northwest Quarter of Section
21 , Township 4 North , Range 3 West of the Boise Meridian , and more
particularly described as follows :
Commencing at the Northeast corner of said Northeast Quarter of the
Northwest Quarter (North 1/4 corner) ; thence South 0°20 ' 44" West ,
817. 20 feet along the East boundary of said Northeast Quarter of
the Northwest Quarter to the POINT OF BEGINNING; thence continuing
South 0°20' 44" West , 502. 66 feet to the South boundary of said
Northeast Quarter of the Northwest Quarter; thence North 89°52' 35"
West , 125. 00 feet along said South boundary ; thence North 0°20' 44"
East , 706. 32 feet parallel with the East boundary of said Northeast
Quarter of the Northwest Quarter; thence South 31°15 ' 16" East ( for-
merly recorded as South 31°52 ' East ) 238. 55 feet to the POINT OF
BEGINNING.
EXHIBIT D
VALLEY PENTECOSTAL CHURCH
SINGLE FAMILY RESIDENTIAL R-1
This parcel is a portion of the Southwest Quarter of the Southeast
Quarter of Section 23 , Township 4 North, Range 3 West of the Boise
Meridian and is more particularly described as follows :
BEGINNING at the Northwest corner of said Southwest Quarter of the
Southeast Quarter; thence South 89°59' 42" East along the North
boundary of said Southwest Quarter of the Southeast Quarter which
is also the centerline of Owyhee Lane , a distance of 1 ,104 .42 feet
to a point which lies 215. 64 feet Westerly from the Easterly boun-
dary of said Southwest Quarter of the Southeast Quarter; thence
South a distance of 30. 00 feet to the Southerly r/w line of Owyhee
Lane ; thence South 02°58' 57" West , a distance of 111.74 feet (for-
merly North 02°09 ' 30" East , 112. 12 feet ; Inst. No. 631410) ; thence
South 24°14 ' 27" West ( formerly South 23°25' 00" West ; Inst . No. 957422)
a distance of 98.27 feet ; thence South 38°18 ' 27" West ( formerly South
37°29' 00" West ) , a distance of 149. 58 feet ; thence South 65°14 ' 18"
East ( formerly South 66°03' 45" East ) , a distance of 36. 13 feet to
the Easterly boundary of a 26. 00 foot wide private driveway easement
as described in Inst . No. 601842 on file in the office of the Canyon
County Recorder;
ORDINANCE - 3
thence traversing said Easterly boundary as follows :
South 38°45 ' 55" West , 169. 50 feet ; Southwesterly 178. 88 feet along
a curve to the left having a central angle of 33°31' 54" , a radius
of 305. 65 feet and a long chord which bears South 21°59' 58" West ,
176. 34 feet ; thence South 05°14 ' 00" West to the Southerly right of
way line for Frontage Road No. 7 as shown on Plan Sheets 47 and 48
of Idaho State Highway Department F.A. P. No. I-IG-80N-1(77)27 and
described in a deed recorded as Inst . No. 899801 ;
thenceNorthwesterly along said Southerly right of way line for
Frontage Road No. 7 to the West boundary of the Southwest Quarter
of the Southeast Quarter of Section 23, Township 4 North, Range 3
West of the Boise Meridian, which point is also the centerline of
Florida Avenue extended; thence North along said West boundary and
extension of the centerline of Florida Avenue , 649. 98 feet to the
POINT OF BEGINNING.
ORDINANCE - 4
EXHIBIT "B"
CITY OF CALDWELL,IDAHO
Ordinance No. 1707
Passed and Approved September 3, 1985
BILL NO. 22
ORDINANCE NO. 1707
AN ORDINANCE AMENDING ORDINANCE NO. 1698 TO REVISE WORDING OF
LEGAL DESCRIPTION OF ANNEXED REAL PROPERTY .
BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE CITY OF
CALDWELL, IDAHO:
Section 1. That Ordinance No. 1698 was passed by the Council
of the City of Caldwell and approved by the Mayor of the City of
Caldwell, Canyon County , Idaho, on June 24 , 1985.
Section 2 . That an amendment of a portion of the wording
in the description of the real property annexed in Ordinance No.
1698 is necessary to provide the correct legal description of
said real property .
Section 3. That Ordinance No. 1698 is hereby amended by
rewording the description provided in Exhibit B of said ordinance
by changing said legal description from:
All of Lot 4 lying West of the Elijah Drain in the North-
west Quarter of the Northwest Quarter of Section 1, Town-
ship 3 North, Range 3 West of the Boise Meridian, Canyon
County , Idaho, and including adjacent street rights of way
to the centerline of Ustick Road andLake Avenue ;
to :
All of Lot 4 in the Northwest Quarter of the Northwest
Quarter of Section 1 , Township 3 North, Range 3 West of
the Boise Meridian, Canyon County, Idaho , and including
adjacent street rights of way to the centerline of Ustick
Road and Lake Avenue.
Section 4 . That all ordinances or parts of ordinances in
conflict herewith are hereby repealed.
Section 5. Be it further ordained that this ordinance shall
be in full force and effect from and after its passage , approval
and publication according to law.
PASSED BY THE CITY COUNCIL of the City of Caldwell this 3rd
day of September `, 1985 .
APPROVED BY THE MAYOR of the City of Caldwell this 3rd day
of September , 1985.
`MAYOR
ATTEST:
City Clerk