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HomeMy WebLinkAboutORD 2390 i "I ..-,,, C" o N ! z CO N O n n p o N m O 0 r...I) c) N CJI 'O x,• rrnn ..0 STATE OF IDAHO) r—`a m rr— ca s 2 O CA G) County of Canyon ) I rev r-+ t r gil I, BETTY JO KELLER, do hereby certify that I am the duly qualified and acting City Clerk of the City of Caldwell, Canyon County, Idaho. I further certify that the attached constitutes a true copy of Ordinance No. 2390 approved by the City Council at their Regular City Council Meeting on November 19, 2001 as said document is officially of record in my possession. IN WITNESS WHEREOF, I have hereunto subscribed my official signature and impressed hereon the seal of said City this 30thth day of November, 2001. •• CALF ••. /\L % ^` •..mow.•- ti-w •i* Cie-45-do 'h : ;••Rn(1 q 4;4,',.'1,! •• i w l� •• `, 'j , fa City Clerk ' ` = u : X15, •• c • 1 P+ o • . STATE OF IDAHO v 9•'•. 1 S iq•AzO .•' #4,4;#.9s'•..,k/N C el/IA 10 County of Canyon ) �'"' ' "* On this 30th day of November, 2001 the undersigned, a Notary public in and for said State, personally appeared Betty Jo Keller, personally known to me to the person whose name is subscribed to the attached document and acknowledged to me that she executed the same. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal, the day and year written above. �� ,v2 ,W2(_11,&(_, NOTARY PUBLIC FOR IDAHO Residing at Caldwell, Idaho . s NN MIC Commission expires: ▪ • liOT AR t * : r : : * : V• �; p0B LIC .•' '•.,1,,•••....•••.40•.••,. BILL NO. 26 ORDINANCE NO. 2390 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 APPROXIMATELY 92.89 ACRE PORTION OF SAID LANDS SHOULD BE ANNEXED TO THE CITY OF CALDWELL, IDAHO, AS PART THE C-3 (SERVICE COMMERCIAL) ZONE DISTRICT AND APPROXIMATELY 113.38 ACRE PORTION AS THE R-1 (SINGLE-FAMILY RESIDENTIAL) ZONE DISTRICT; AND DECLARING SAID LAND BY PROPER LEGAL DESCRIPTION AS DESCRIBED BELOW TO BE A PART OF THE CITY OF CALDWELL, CANYON COUNTY, IDAHO; REPEALING ALL ORDINANCES, RESOLUTIONS, ORDERS OR PARTS THEREOF IN CONFLICT HEREWITH; AND DIRECTING THE CITY ENGINEER AND COMMUNITY DEVELOPMENT DIRECTOR TO ADD SAID PROPERTY TO THE OFFICIAL MAPS OF THE CITY OF CALDWELL, IDAHO; 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 63-2219. 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 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. ANN-47-00 (City of Caldwell/ Homedale Road) on October 15, 2001. Section 2. The area generally lies between the south side of Laster Lane and the north side of Homedale Road, and between the east side of Elijah Drain and the southwest side of the Oregon Short line. The parcels are contiguous to the City of Caldwell, Idaho and the applicants have requested that said following described property should be annexed to the City of Caldwell as a C-3 zone, and an R-1 zone, as set forth in the legal descriptions. Parcel 1- R-1 Zone: Commencing at the Northwest corner of the SE 'A, Section 1, T.3N., R.3W., B.M., Canyon County, Idaho, said point being the TRUE POINT OF BEGINNING; thence S. 0°18'15" W. 27.46 feet, more or less, along the Westerly boundary of the said SE 'A, Section 1 to a point on the Southerly right of way line of Laster Lane; thence N. 89°38'05" E. 56.30 feet, more or less, along said Southerly right of way line of Laster Lane to the Northwest corner of Lot 18, Block 4, Owyhee Village Subdivision as shown on the official plat thereof on file in the office of the Canyon County Recorder in Book 12 of Plats a'_ Page 1; thence S. 11°03'50" E. 452.42 feet, more or less, along the Westerly boundaries of Lots 18 and 17, Block 4, said Owyhee Village Subdivision to a point; thence S. 31°32'50" E. 346.82 feet, more or less, along the Westerly boundaries of Lots 17 and 14, Block 4, said Owyhee Village Subdivision to the Southwest corner of said Lot 14; thence S. 20°26'50" E. 71.29 feet, more or less, along the Westerly boundary of Lot 13, said Block 4, Owyhee Village Subdivision to a point; thence S. 0°01'50" E. 99.99 feet, more or less, along said Westerly boundary of Lot 13, Block 4, Owyhee Village Subdivision to the Southwest corner thereof; thence S. 21°08'05" W. 210.74 feet, more or less, along the Westerly boundary of Lots 12 and 11, said Block 4, Owyhee Village Subdivision to a point; thence S. 28°12'13" E. 1,685.73 feet, more or less, along the Westerly boundary of Lots 1 through 11, said Block 4, Owyhee Village Subdivision to the Southwest corner of said Lot 1, Block 4, Owyhee Village Subdivision; thence S. 0°34'11" E. 39.79 feet, more or less, to a point on the Southerly boundary of said Section 1; thence N. 89°25'49" E. 175.10 feet, more or less, along said Southerly boundary of Section 1 to the 3::uthwest corner of Parcel R32475 as designated by the Canyon County Assessor; thence N. 0°34'15" W. 571.27 feet, more or less, along the Westerly boundary of Parcel R32475 and R32474 to the Northwest corner thereof; thence S. 89°51'45" E. 1,372.38 feet, more or less, along the Northerly boundary of Parcels R32474 and R32476 to the Northeast corner of said Parcel R32476; thence S. 0°24'54" W. 554.58 feet, more or less, along the Easterly boundary of said Parcel R32476, and an extension thereof, to a point on the said Southerly boundary of Section 1; thence N. 89°26'15" E. 25.00 feet, more or less, to the Southeast corner of said Section 1; thence S. 89°36'35" E. 404.16 feet, more or less, along the Southerly boundary of Section 6, T.3N., R.2W., B.M. to the Southwest corner of Parcel R30901; thence N. 0°24'55" E. 995.78 feet, more or less, along the Westerly boundary of said Parcel R30901 to the Northwest corner thereof; thence S. 89°37'49" E. 161.50 feet, more or less, along the Northerly boundary of said Parcel R30901 to a point on the centerline of the Moses Drain; thence along said centerline of the Moses Drain the following courses and distances: N. 21°29'31"W. 47.27 feet to a point; thence N. 31°07'42" W. 46.17 feet to a point; thence N. 24°26'42" W. 114.48 feet to a point, thence N. 29°45'21" W. 69.73 feet to a point; thence N. 41°05'30" W. 53.41 feet to a point; thence N. 50°22'14" W. 30.73 feet to a point; thence N. 64°58'18"W. 257.05 feet to a point; thence N. 67°55'27"W. 158.95 feet, more or less to a point on the Section line common to said Sections 1 and 6; thence continuing along said centerline of the Moses Drain the following courses and distances: N. 65°51'34" W. 71.83 feet to a point; thence N. 39°02'24" W. 594.46 feet to a point; thence N. 38°21'11" W. 365.79 feet to a point; thence N. 38°21'05" W. 468.80 feet, more or less, to a point on the Southerly right of way line of Laster Lane; thence leaving said centerline of the Moses Drain, S. 89°39'02"W. 358.67 feet, more or less, along said Southerly right of way line of Laster Lane to a point on the extended Westerly boundary of Parcel R32455; thence N. 0°21'11" W. 36.53 feet, more or less, along said extended Westerly boundary of Parcel R32455 to a point on the Northerly boundary of the said SE 1/2, Section 1; thence S. 89°38'04" W. 1,327.26 feet, more or less, along said Northerly boundary of the SE 1/4, Section 1 to the Point of Beginning. Containing 113.38 acres, more or less. Parcel 2 - C-3 Zone: Commencing at the Northwest corner of the SW 1/4, Section 6, T.3N., R.2W., B.M., Canyon County, Idaho, said point being the TRUE POINT OF BEGINNING; thence S. 0°26'26" W. 260.47 feet, more or less, along the Westerly boundary of the said SW 1/4, Section 6 to a point on the Northeasterly right of way line of Nampa Caldwell Boulevard; thence S. 46°15'35" E. 854.80 feet along said Northeasterly right of way line of Nampa Caldwell Boulevard to a point; thence S. 43°44'25" W. 90.00 feet, more or less, to a point on the Southwesterly right of way line of said Nampa Caldwell Boulevard; thence S. 43°40'12"W. 448.30 feet, more or less, along the Southeasterly boundary of Parcel R30917011, as designated by the Canyon County Assessor, to a point; thence N. 65°43'15" W. 276.97 feet, more or less, along the Southerly boundary of Parcel R30916 to a point on the said Westerly boundary of the SW 1/2, said Section 6; thence N. 0°26'26" E. 584.92 feet along said Westerly boundary of the SW 1/4, Section 6 to the Northeast corner of Parcel R32472; thence N. 46°15'43" W. 213.32 feet, more or less, along the Northeasterly boundary of said Parcel R32472 to a point; thence S. 43°53'30" W. 419.48 feet, more or less, along the Northwesterly boundary of said Parcel R32472 to a point on the centerline of the Moses Drain; thence S. 39°02'26" E. 594.47 feet, more or less, along said centerline of the Moses Drain to a point; thence S. 65°51'34" E. 71.83 feet, more or less, along said centerline of the Moses Drain to a point on the said Westerly boundary of the SW 1/4, Section 6; thence continuing along the centerline of the Moses Drain the following courses and distances: S. 67°55'27" E. 158.95 feet to a point; thence S. 64°58'18" E. 257.05 feet to a point; thence S. 50°22'14" E. 30.73 feet to a point; thence S. 41°05'30" E. 53.41 feet to a point; thence S. 29°45'21" E. 69.73 feet to a point; thence S. 24°26'42" E. 114.48 feet to a point; thence S. 26°15'12" E. 93.11 feet, more or less, to a point on the Northerly boundary of Parcel R30899 as designated by the Canyon County Assessor; thence S. 89°37'47" E. 787.22 feet, more or less, along the Northerly boundary of said Parcel R30899 to a point on the Southwesterly right of way line of Nampa Caliv.ail Boulevard; thence S. 46°15'35" E. 1,235.60 feet, more or less, along said Southwesterly right of way line of Caldwell Boulevard to a point of curve; thence Southeasterly 65.18 feet, more or less, along a curve to the right, having a radius of 41.50 feet, more or less, and a central angle of 89°59'21", more or less, to a point of tangent on the Northwesterly right of way line of Homedale Road; thence S. 43°44'25" W. 47.09 feet, more or less, along said Northwesterly right of way line of Homedale Road to a point of curve; thence Southwesterly 48.00 feet, more or less, along a curve to the right, having a radius of 60.00 feet, more or less, and a central angle of 45°51'10", more or less, to a point of tangent on the Northerly right of way line of Homedale Road; thence S. 89°35'26" W. 194.28 feet, more or less, along said Northerly right of way line of Homedale Road to a point; thence S. 0°22'20"W. 33.00 feet, more or less, to a point on the said Southerly boundary of the SW 'A, Section 6; thence S. 89°37'37" E. 559.02 feet, more or less, along said Southerly boundary of the SW 1/2, Section 6 to a point; thence N. 7°32'08" W. 17.51 feet, more or less, to a point on the Northwesterly boundary of Lot 8, Bensonhurst Subdivision, as shown on the official plat thereof on file in the office of the Canyon County Recorder in Book 4 of Plats at Page 34; thence N. 51°36'37" E. 1,064.86 feet, more or less, along the Northwesterly boundary of Lots 8, 10 and 11 of said Bensonhurst Subdivision to the most Northerly corner of said Lot 11, Bensonhurst Subdivision; thence N. 43°45'52" E. 200.00 feet, more or less, to a point on the Northeasterly right of way line of the Oregon Shortline Railroad; thence N. 46°14'18" W. 1,930.35 feet, more or less, along said Northeasterly right of way line of the Oregon Shortline Railroad to a point; thence S. 43°45'52" W. 200.00 feet to a point on the Southwesterly right of way line of said Oregon Shortline Railroad; thence S. 43°43'54" W. 1,068.71 feet, more or less, along the Southeasterly boundary of Parcel R30926 as designated by the Canyon County Assessor to a point on the Northeasterly right of way line of Nampa Caldwell Boulevard; thence N. 46°15'35" W. 20.00 feet, more or less, along said Northeasterly right of way line of Nampa Caldwell Boulevard to a point; thence N. 43°44'10" E. 111.72 feet, more or less, along the boundary of said Parcel R30926 to a point; thence N. 0°06'54" E. 362.77 feet, more or less, along the Westerly boundary of said Parcel R30926 to the most Northerly corner of Parcel R30907; thence S. 44°20'05" W. 374.43 feet, more or less, along the Northwesterly boundary of said parcel R30907 to a point on the said Northeasterly right of way line of Nampa Caldwell Boulevard; thence N. 46°15'35"W. 678.35 feet, more or less, along said Northeasterly right of way line of Nampa Caldwell Boulevard to the Southwesterly corner of Parcel R30924; thence N. 43°38'30" E. 489.93 feet, more or less, along the Southeasterly boundary of said Parcel R30924 to the Southeasterly corner thereof; thence N. 66°21'30"W. 310.66 feet, more or less, along the Northeasterly boundary of said Parcel R30924 to a point on the Southeasterly boundary of Parcel R30923010; thence N. 43°38'30" E. 397.55 feet, more or less, along the Southeasterly boundary of said Parcel R30923010 and the Southeasterly boundary of Parcel R30922 to a point on the Northerly boundary of the said SW 1/4, Section 6; thence S. 89°33'24" E. 419.53 feet, more or less, along said Northerly boundary of the SW %, Section 6 to a point on the said Southwesterly right of way line of the Oregon Short Line Railroad; thence S. 46°14'37" E. 8.59 feet, more or less, along said Southwesterly right of way line of the Oregon Short Line Railroad to the Northwest corner of Parcel R30926; thence N. 43°45'23" E. 200.00 feet to a point on the Northeasterly right of way line of the said Oregon Shortline Railroad; thence N. 46°14'37" W. 190.54 feet, more or less, along said Northeasterly right of way line of the Oregon Shortline Railroad to a point; thence S. 43°45'23" W. 200.00 feet, more of less, to a point on the said Southwesterly right of way line of the Oregon Shortline Railroad, said point also being the Southeast corner of Lot 16, Block 7, Happy Day Business Center, as shown on the official plat thereof on file in the office of the Canyon County Recorder in Book 17 of Plats at Page 45; thence N. 89°33'24" W. 299.61 feet along the Southerly boundary of said Lot 16, Block 7, to a point on the right of way line of Graye Lane; thence S. 0°27'51" W. 124.76 feet to a point on the Northerly boundary of the said SW 1/4, Section 6; thence N. 89°33'24" W. 75.00 feet along said Northerly boundary of the SW IA, Section 6 to a point; thence N. 0°27'51" E. 136.11 feet along the right of way line of Graye Lane to a point; thence S. 87°39'29"W. 436.55 feet along the right of way line of Graye Lane and the Southerly boundary of Lot 15, Block 1, said Happy Day Business Center to a point on the Easterly boundary of Lot 7, Block 1, soft! Happy Day Business Center; thence S. 0°25'30"W. 114.90 feet along said Easterly boundary of Lot 7, Block 1 and an extension thereof to a point on the said Northerly boundary of the SW 1/4, Section 6; thence N. 89°33'24" W. 339.00 feet, more or less, along said Northerly boundary of the SW 1/4, Section 6 to the Point of Beginning. Containing 88.43 acres, more or less. AND ALSO: A portion of the NE 1/4, Section 1, T.3N., R.3W., B.M., Canyon County, Idaho, more particularly described as follows: Commencing at the Southwest corner of the NE 1/4, Section 1, T.3N., R.3W., B.M., Canyon County, Idaho, and running N. 89°38'04" E. 1,327.26 feet, more or less, along the Southerly boundary of the said NE 1/4, Section 1 to a point on the extended Westerly boundary of Parcel R32455 as designated by the Canyon County Assessor, said point being the TRUE POINT OF BEGINNING; thence N. 0°21'11" W. 29.63 feet, more or less, along said extended Westerly boundary of Parcel R32455 to a point on the Northerly right of way line of Laster Lane; thence N. 0°17'03" E. 367.58 feet, more or less, along the Westerly boundary of said Parcel R32455 to a point; thence N. 43°50'22" E. 265.16 feet, more or less, along the Northwesterly boundary of said Parcel R32455 to a point; thence S. 48°10'29" E. 87.56 feet, more or less, along the boundary of said parcel to a point; thence S. 10°41'33" E. 348.79 feet, more or less, along the Easterly boundary of said Parcel R32455 to the Northwest corner of Parcel R32455010; thence N. 43°44'19" E. 34.65 feet, more or less, to the Northeast corner of said parcel; thence S. 0°58'10" E. 210.21 feet, more or less, to a point on the said Southerly boundary of the NE 1/4, said Section 1; thence N. 89°39'55" E. 439.29 feet, more or less, along said Southerly boundary of the NE 1/4, Section 1 to a point; thence N. 43°44'25" E. 77.34 feet, more or less, along the Northwesterly right of way line of, and an extension thereof, of Laster Lane to a point of curve; thence Northwesterly 32.90 feet, more or less, along a curve to the left, having a radius of 21.50 feet, more or less, and a central angle of 87°39'48", more or less, to a point on the Southwesterly right of way line of Nampa Caldwell Boulevard; thence S. 46°33'11" E. 159.42 feet, more or less, along said Southwesterly right of way line of Nampa Caldwell Boulevard to a point on the Southerly right of way line of Laster Lane; thence S. 89°38'49" W. 60.72 feet, more or less, along said Southerly right of way line of Laster Lane to a point; thence S. 0°21'11" E. 11.00 feet, more or less, along said right-of-way line of Laster Lane to a point; thence S. 89°37'07" W. 890.37 feet, more or less, along said Southerly right of way line of Laster Lane to a point on the extended Westerly boundary of said Parcel R32455; thence N. 0°21'11"W. 36.53 feet, more or less, along said extended Westerly boundary of Parcel R32455 to the Point of Beginning. Containing 4.46 acres, more or less. Section 3. That the City Engineer and the Community Development 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) zone and R-1 (Single-Family Residential) zones, respectively. 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 63-2219. PASSED BY THE COUNCIL OF THE CITY OF CALDWELL, IDAHO, this 19th day of November, 2001. APPROVED BY THE MAYOR OF THE CITY OF CALDWELL, IDAHO, this 19th day of November, 2001. 9j1AAA.4" ki?,C so .,, ATTEST: Mayor Garret L. Nancolas ` ,S F CAI,A. C * ' ;' ` 9, �' City Clerk Be ty Jo Keller -A n : ' e • : 9 • •�J oI.j� a cin QTY,1� •`�0 V I 111 • s ✓ e 1 a I.. 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