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Home My WebLink AboutORD 1724 2021-027420 RECORDED 04/15/2021 02:41 PM iLIJIJLLIfl1IJi1IjLIIjjIjJ;LIIIIIIIVIIIIIII 0 CHRIS YAMAMOTO CANYON COUNTY RECORDER Pgs=6 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. 1724, enclosed herewith a marked as Exhibit"A," adopted by the Caldwell City Council and approved by the Mayor on April 21, 1986, relating to the annexation of certain contiguous and adjacent lands(described in said ordinance)into the city limits of the City of Caldwell, Idaho, and to the initial zoning designations for said lands, was never recorded. 3. To ensure a full and complete record of all annexation ordinances affecting real property within the City of Caldwell, Idaho, I have enclosed said Ordinance No. 1724 with this affidavit,to be submitted 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 AFFIDAVIT OF CITY CLERK—PAGE 1 ordinance,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 ordinance. DATED this 15th day of April, 2021. O o CITY OF CALDWELL, IDAHO ` °eeeeo.ee �i V~/'GpRPO •• ��'• o.. Fd�� S JAN 15 - 9 O : ' 1890 �` COUN • DEBBIE GEYER, City Cll. ',,,,,,I,,,, SUBSCRIBED AND SWORN to before me this 15th day of April, 2021. ,,,,f'........,,,. G0LAK. A••.,, S O..R Y /:••• /,./% 40e AV ' ,' NOTAR PU � :L C for Idah• .� "- . n: : (UMMmIUN Residing at i 1fi / 1 d NUMBER �: Commission expires: .,7t .Ef y L (11% 69111 • O • AFFIDAVIT OF CITY CLERK-PAGE 2 EXHIBIT "A" CITY OF CALDWELL,IDAHO Ordinance No. 1724 Passed and Approved April 21, 1986 BILL NO. ORDINANCE NO.1724 AN ORDINANCE DETERMINING THAT CERTAIN LANDS LIE CONTIGUOUS OR ADJACENT TO THE CITY OP CALDWELL,COUNTY OF CANYON,STATE OP 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 Exhibits A and B are hereby made a part of the R-l single family residential,zone. That said lands described in Exhibits C and D are hereby made a part of the M-l light industrial 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, 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 21 day of April,1986. APPROVED BY THE MAYOR of the City of Caldwell this 21 clay of April,1986. 1 Mayor ATTEST: ORDINANCE -2 EXHIBIT A Single P'amily Residential A parcel of land in the Southeast Quarter of the Northeast Quarter of Section 33,Township *J North,Range 3 West of the Boise Meridian, more particularly described as follows: Commencing 85.2 feet South of the Northeast corner of said South east Quarter of the Northeast Quarter;thence continuing South 119 feet along the East boundary line of said Northeast Quarter;thence West 163 feet;thence North 119 feet;thence East 163 feet to the POINT OF BEGINNING. EXHIBIT B R-l Single Family Residential This parcel is a portion of Government Lot 1 of Section 2Township3North,Range 3 West of the Boise Meridian andismoreparticularlydescribedasfollows: BEGINNING at the Northeast corner of said Government Lot 1:thence South O°O7'3O"West along the easterly boundary ofsaidLot1adistanceof713-74 feet;thence South 89°l6'OO"West parallel with the Northerly boundary of said GovernmentLot1,a distance of 601.74 feet to the centerline of theWilscmDrainasshownonthePlatofObendorfSubdivisionfiledinBook14atpage19intheofficeoftheRecorderofCanyonCounty,Idaho;thence North 1015115"¥est alone said platted centerline (formerly North l°15'30"West)adistanceof713.69 feet to the Northerly boundary of saidGovernmentLot1;thence North 89°l6'OO"East along said??£tJ^r!y J?undary*a distance of 618.92 feet (formerly619.00 feet)to the POINT OP BEGINNING. EXHIBITS C and D (EXHIBIT C IS INCLUDED IN EXHIBIT D) M-l Light Industrial The South Half of the Northeast Quarter,in Section 20, Township 4 North,Range 3,West of the Boise Meridian, Canyon County,Idaho, AND The Southwest Quarter of the Northwest Quarter in Section 215 Township 4 North,Range 3,West of the Boise Meridian, Canyon County,Idaho, EXCEPTING THEREFROM:The East Half of the Southwest Quarter of the Northwest Quarter,in Section 21,Township 4 North, Range 3,West of the Boise Meridian,Canyon County,Idaho.