HomeMy WebLinkAboutORD 28031 o C)
BILL NO. 21
ORDINANCE NO. 2803
AN ORDINANCE PURSUANT TO IDAHO CODE § 50 -225 DETERMINING THAT CERTAIN LAND HAS
BEEN INCORPORATED INTO THE LIMITS OF CALDWELL, IDAHO AND THAT SAID LAND SHOULD
BE EXCLUDED FROM THE CORPORATE LIMITS OF THE CITY OF CALDWELL, IDAHO;
DECLARING SAID LAND BY PROPER LEGAL DESCRIPTION AS DESCRIBED BELOW TO BE
EXCLUDED FROM CALDWELL, IDAHO; DIRECTING THE CITY ENGINEER AND PLANNING AND
ZONING DIRECTOR TO REMOVE SAID PROPERTY FROM 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 TO FILE A
CERTIFIED COPY OF THE ORDINANCE AND MAP OF THE AREA TO BE EXCLUDED WITH
CANYON COUNTY, STATE OF IDAHO AND THE IDAHO STATE TAX COMMISSION, PURSUANT TO
IDAHO CODE § 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, following the public notice and hearing procedures set forth in
Section 10- 01 -07, Zoning Ordinance No. 1451, approved Case No. DAN -04 -09 (Town Ranch) at a public
hearing held September 8, 2009.
Section 2. That it appears that the subject property described herein was annexed in error by the City of
Caldwell pursuant to Ordinance 2665 and the parcel owner has requested that the following described
property should be excluded from the corporate city limits pursuant to Idaho Code § 50 -225:
A strip of land 100.00 feet in width, located in the SE 1/4 NW % and the SW 1/4 NE 1/4 of Section 20,
Township 4 North, Range 2 West, Boise Meridian, Canyon County Idaho, more particularly described as
follows:
Commencing at the SE corner of the SE 1/4 SE 1/4 (section corner common to Sections 20, 21, 28 and
29); thence N 89 36' 31" W a distance of 1253.10 feet along the southerly boundary of said SE 1/4 SE
1/4 to a point that bears S 89 36' 31" E a distance of 68.15 feet from the SW corner of said SE 1/4 SE
1/4 (E 1/16 corner common to Sections 20 and 29); thence N 18 47' 16" W a distance of 3518.72 feet to
a point on the southerly right of way of Five Mile Drain, said point being the POINT OF BEGINNING;
thence S 71 12' 44" W a distance of 100.00 feet; thence N 18 47' 16" W a distance of 152.30 feet to a
point on the northerly right of way of Five Mile Drain; thence N 18 47' 16" W a distance of 549.25 feet to
a point on the northerly boundary of the SE 1/4 NW 1/4; thence S 89 21'45" E a distance of 106.04 feet
along said northerly boundary of the SE 1/4 NW 1/4 to a point that bears N 89 21' 45" W a distance of
5.10 feet from the NE corner of the SE 1/4 NW 1/4, (center north 1/16 corner section 20); thence S 18
47' 16" E a distance of 666.29 feet to the POINT OF BEGINNING. This parcel contains 1.57 acres, more
or less.
Section 3. That the subject property described herein is by this ordinance excluded and de- annexed
from the City of Caldwell, Idaho.
Section 4. All ordinances, resolutions, orders or parts thereof in conflict herewith are hereby repealed,
rescinded and annulled. Provided, however, that Ordinance 2665 is only modified to the extent that the
property described herein is excluded from the city limits of Caldwell, Idaho.
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 City Engineer and Planning and Zoning Director are hereby instructed to remove the
above - described property from the official maps of the City of Caldwell, Idaho.
Section 7. 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 being
excluded, 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 21 day of September, 2009.
APPROVED BY THE MAYOR OF THE CITY OF CALDWELL, IDAHO, this 21 day of September, 2009.
Mayor Garret L. Nancolas
ATTEST:
Y�
City Clerk
rrs
ou c7
rn
C_,
�
c,J
rrs