HomeMy WebLinkAboutORD 2870IN"UMFIMT NC! C 9_()110M�o
BILL NO. 11
ORDINANCE NO. 2870
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 - 185 -11 (Paine De- Annexation)
at a public hearing held February 7, 2011.
Section 2. That it appears that the subject property described herein was annexed in error by the City of
Caldwell pursuant to Ordinance 2405 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.
The property is located on the west side of Indiana Avenue approximately 983 feet south of the
intersection of Cirrus Drive and Indiana Avenue (more commonly known as 15279 Indiana Avenue). The
applicant has requested that said following described property should be de- annexed out of the City of
Caldwell.
A parcel of land located in the NE '/ SE '/ of Section 15, Township 3 North, Range 3 West, Boise
Meridian, Canyon County, Idaho and is more particularly described as follows:
COMMENCING at the SE corner of said NE %4 SE ' /4; thence westerly a distance of 33.00 feet along the
south line of said NE '/4 SE '/ to the POINT OF BEGINNING; thence northerly a distance of 305.00 feet
on a line parallel with the east line of said NE % SE %; thence westerly a distance of 125.00 feet on a line
parallel with the south line of said NE '/ SE %; thence southerly a distance of 109.00 feet on a line
parallel with the east line of said NE' /4 SE' /, thence westerly a distance of 108.00 feet on a line parallel
with the south line of said NE '/ SE ' /4; thence southerly a distance of 196.00 feet on a line parallel with
the east line of said NE '/4 SE '/ to a point on the south line of said NE ' /4 SE ' /4; thence easterly a
distance of 233.00 feet along said south line of said NE ' /4 SE '/4 to the POINT OF BEGINNING. The
above described parcel contains 1.36 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 No. 2870 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 March, 2011.
APPROVED BY THE MAYOR OF THE CITY OF CALDWELL, IDAHO, this 21"' day of March, 2011.
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Mayor Garret L. Nancolas
ATTEST:
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ORDINANCES OF THE CITY OF CALDWELL
NOTICE OF ADOPTION AND SUMMARY OF
ORDINANCE NO. 2870
REGARDING EXCLUSION OF CERTAIN
PROPERTY FROM THE CORPORATE LIMITS OF CALDWELL
This ordinance provides for exclusion of a parcel of land to be de- annexed from the City of
Caldwell, Canyon County, Idaho.
The property is located on the west side of Indiana Avenue approximately 983 feet south of the
intersection of Cirrus Drive and Indiana Avenue (more commonly known as 15279 Indiana
Avenue). The applicant has requested that said following described property should be de-
annexed out of the City of Caldwell.
A parcel of land located in the NE Y4 SE'/ of Section 15, Township 3 North, Range 3 West, Boise
Meridian, Canyon County, Idaho and is more particularly described as follows:
COMMENCING at the SE corner of said NE Y4 SE '/; thence westerly a distance of 33.00 feet
along the south line of said NE % SE % to the POINT OF BEGINNING; thence northerly a
distance of 305.00 feet on a line parallel with the east line of said NE % SE %; thence westerly a
distance of 125.00 feet on a line parallel with the south line of said NE % SE %; thence southerly
a distance of 109.00 feet on a line parallel with the east line of said NE 1 /4 SE' /; thence westerly
a distance of 108.00 feet on a fine parallel with the south line of said NE '/ SE '/; thence
southerly a distance of 196.00 feet on a line parallel with the east line of said NE % SE % to a
point on the south line of said NE % SE Y4; thence easterly a distance of 233.00 feet along said
south line of said NE %4 SE % to the POINT OF BEGINNING. The above described parcel
contains 1.36 acres, more or less.
The Ordinance includes a provision to amend the official maps of the City by designating the
above - described property as excluded from the corporate city limits and providing an effective
date, which shall be when published in the Idaho Press Tribune on the 28" day of March 2011.
Ordinance No. 2870 was passed by the Council and approved by the Mayor on the 21 day of
March 2011. The full text of the Ordinance is available at Caldwell City Hall, 411 Blaine Street,
Caldwell, Idaho. The Mayor and City Council approved the foregoing summary for publication
pursuant to Idaho Code 50 -901A on the 21 day of March 2011.
Mayor Garret L. Nancolas
ATTEST: City Clerk
STATEMENT OF LEGAL ADVISOR
I have reviewed the foregoing summary and believe
that it provides a true and complete summary of Ordinance
No. 2870 and provides adequate notice to the p
the contents of such ordinance.
DATED this 21 s1 day of March 2011.
Mark Hiity, Attorney for City of Caldwell