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HomeMy WebLinkAboutORD 2890INSPUMENTNO �6j[ 0Wr BILL NO. 31 ORDINANCE NO. 2890 AN ORDINANCE OF THE CITY OF CALDWELL, IDAHO, ANNEXING A PORTION OF PROPERTY WITHIN THE CORPORATE CITY LIMITS INTO THE CALDWELL MUNICIPAL IRRIGATION DISTRICT OF THE CITY OF CALDWELL, CANYON COUNTY, IDAHO, AND CHANGING THE BOUNDARIES THEREOF; DIRECTING THE CITY ENGINEER TO ALTER THE BOUNDARY MAP ACCORDINGLY; DECLARING THE INTENT OF THE CITY TO POOL WATER RIGHTS AND APPLY A UNIFORM METHOD OF ALLOCATING ASSESSMENTS AND CHARGES; AND PROVIDING AN EFFECTIVE DATE. NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE CITY OF CALDWELL, IDAHO: Section 1: That the City of Caldwell, an Idaho municipal corporation is authorized by Idaho Code Chapter 18, Title 50 to establish a city irrigation district in the whole or any part of the City and by ordinance establish the exterior boundaries of said district which boundaries may, from time to time, be contracted, extended or enlarged by ordinance. Section 2: That the following described real property, and all thereof, be, and the same is, hereby annexed and made a part of the Caldwell Municipal Irrigation District of the City of Caldwell, Idaho. That the real properties are hereby annexed as legally described on the final plats listed below, along with their respective instrument numbers, all recorded in Canyon County, Idaho. Apple Creek Subdivision Phase No. 4 (Inst. No. 2011010743) 0 Montana Ave. (Parcel No. R3257501200) • Aka: Apple Creek Subdivision Future Phases 5 through 7 Section 3: That the City Engineer of said city is hereby directed to record this Ordinance, to forward a copy of said Ordinance to Pioneer Irrigation District, and to adjust the boundaries and map of the Caldwell Municipal Irrigation District in accordance with this Ordinance. Section 4: That said City declares its intent to pool water rights incident to the above described property for delivery purposes, that said City has adopted a uniform method of allocating assessments and charges against all lands for which water rights are thus pooled, and that said City directs the City Engineer to furnish Pioneer Irrigation District with a certified list or map showing all lands for which water rights have been pooled, all in accordance with Idaho Code 50- 1805A. Section 5: That the owners of record of parcels within the aforementioned subdivisions remain responsible for fees and assessments owing Pioneer Irrigation District for the 2011 irrigation season, including prior years. Section 6: That this Ordinance shall be effective upon its passage, approval and publication according to law, or November 21, 2011, whichever is later. PASSED BY THE COUNCIL of the City of Caldwell, Idaho, this 21" day of November 2011. APPROVED BY THE MAYOR of the City of Caldwell, Idaho, this 21 day of November 2011. Approved: l 1 City Clerk A C ®� Y OF r e ® ® ®`: Cc P �1 ® °% @Deco °°�� ® ®® dfly BaQ ®9{B {{ {p{ ®e0 .a7 C7 a � I � � t,Y =' N C rV1 N c) N Q O M M O U7 Cz N F-� 3HIHOMES Box 369, Meridian, TD 83680 )8)288 -5860 Fax (208)288 -5561 www.6hhomes.com September 12, 2011 To Whom It May Concern: I, Corey Barton/CBH Homes, Developer and current owner of the Apple Creek No. 4 Subdivision, request the dedication of the Water, Sewer and Pressure Irrigation Systems, and all Stream is that have been installed in accordance with this project. Sincerely, grey Barton President CBH Homes Timothy J. Frans From: Adair Koltes [adairk @cbhhomes.com] Sent: Friday, November 04, 2011 11:13 AM To: Timothy J. Frans Subject: RE: Apple Creek Update Correct, per Corey. Thank you! Adair Koltes ::: Admin. Accounting /Development PO Box 369, Meridian, ID 83680 PH::: 208.288.5560 FAX::: 248.288.5561 adairk(&cbh homes. corn cbhhomes.com From: Timothy J. Frans ,[ mailto :tjfrans@ci.caldwell.id.usI Sent: Friday, November 04, 201111:00 AM To: Adair Koltes Subject: Apple Creek Update Good Morning Adair! I wanted to take a minute to provide you with an update of this development. The dedication paper work is completed for phase 4 (and the water, sewer, and street lights for the future phases) and on the Council agenda for the November 7, 2011 Council meeting. The only thing left to do is the irrigation annexation, I need an irrigation annexation request letter from CBH to do this. Attached is the previous "dedication" request letter you sent me; it's my understanding that your intent with this letter was to act as both the dedication and annexation request letters. Is that correct? If it is I will not need you to go through the trouble of generating a separate letter but rather just reply to this email and let me know. I have everything prepared for the November 21, 2011 Council agenda so the sooner you could reply would be greatly appreciated. Thank you Adair. Have a great weekend! T.J. Trans City of Caldwell Engineering Department PH: 4554674 FK 455 -3012 fdfr ans. ci.caldwell.idus MEMORANDUM To: Mayor Nancolas and Members of City Council From: Brent Orton, P.E., MSCE Public Works Director City Engineer 3Z T.J. Frans, Engineering Technician II Re: Annexation of the following subdivision and parcel into the Caldwell Municipal Irrigation District: Apple Creek Subdivision Phase No. 4 and 0 Montana Ave. (Parcel R3257501200, aka: Future Apple Creek Subdivision Phases 5 through 7). Date: November 21, 2011 Requested Action: Waive Three Reading Rule. Approve irrigation annexation ordinance. Approve Summary for publication Attached is a request by the developer's of the above mentioned subdivisions to annex into the Caldwell Municipal Irrigation District. Also attached is a proposed ordinance to accomplish the same. This annexation comprises 25 buildable lots and 1 common lots. Attachments: