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Home My WebLink AboutORD 3019 CORRECTED BILL NO. 34 CORRECTED ORDINANCE NO. 3019 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 SAID LANDS SHOULD BE ANNEXED TO THE CITY OF CALDWELL, IDAHO, AS PART OF THE H-C (HIGHWAY CORRIDOR) ZONE; DECLARING SAID LANDS BY PROPER LEGAL DESCRIPTION AS DESCRIBED BELOW TO BE A PART OF THE CITY OF CALDWELL, CANYON COUNTY, IDAHO; DIRECTING THE CITY ENGINEER AND PLANNING AND ZONING DIRECTOR TO ADD SAID PROPERTY TO 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 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 63-215. Whereas, Bill No. 34, Ordinance No. 3019, was approved by the Caldwell City Council on December 21, 2015, following all required public notice and hearing procedures; Whereas, said Ordinance was recorded on December 22nd 2015, in the office of the Canyon County Recorder, Canyon County, Idaho, as Instrument No. 2015-049779; Whereas, it was thereafter discovered that said Ordinance (but not the properly published summary thereof) referenced the "R-1 (Low Density Residential) Zone" rather than the intended "H-C (Highway Corridor) Zone," which was the zoning designation requested, heard and granted by the City Council following the above-referenced hearing; Whereas, the City wishes to correct said ordinance for the sole purpose of re-recording the corrected ordinance to clarify for the record the actual zoning designation of the affected property (i.e., H-C (Highway Corridor)). 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 Caldwell Planning & Zoning Commission or Caldwell Hearing Examiner and following the public notice and hearing procedures set forth in Section 10-01-07, Zoning Ordinance No. 1451, approved Case No. ANN-15-05 (Jacksons Annexation) at a public hearing held December 21, 2015. Section 2. The parcel is contiguous to the City of Caldwell, Idaho and the applicant has requested that said following described property should be annexed into the City of Caldwell as H-C (Highway Corridor Residential): A parcel of land located in the SW 1/4 of the SW '/ of Section 20, T.4N., R.2W., B.M., Canyon County, Idaho, more particularly described as follows: BEGINNING at the southwest corner of said Section 20, from which the South '/< corner of said Section bears South 89°57'52" East, 2640.70 feet; Thence along the west boundary of the SW 1/4 of the SW '/ of said Section 20 North 00°10'39" East, 523.03 feet to a point on the northerly right-of-way of the Mason Creek Drain, said point also being on the existing Caldwell City Limits boundary(Ordinance No. 2645); thence leaving said west boundary and City Limits boundary South 89°49'21" East, 33.00 feet to a point on the easterly right-of-way of Middleton Road; thence along said easterly right-of-way South 00°10'39" West, 102.11 feet to a point on the centerline of the Mason Creek Drain; thence along said centerline: thence South 72°27'09" East, 1161.34 feet to a point of curvature; thence 39.68 feet along the arc of a curve to the right, said curve having a radius of 73.00 feet, a delta angle of 31°08'27" East, and a long chord bearing South 56°52'55" East, 39.19 feet to a point on the northerly right-of-way of Highway 20/26; thence leaving said Mason Creek Drain right-of-way and Highway 20/26 right-of-way, South 00°02'08" West, 50.00 feet to a point on the south boundary of the SW '/ of the SW IA of said Section 20; thence along said south boundary North 89°57'52"West, 1174.40 feet to the POINT OF BEGINNING. Said parcel containing 6.70 acres, more or less. Section 3. That the City Engineer and the Planning and Zoning 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 H-C (Highway Corridor). 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 63-215. ORIGINALLY PASSED BY THE COUNCIL OF THE CITY OF CALDWELL, IDAHO, this 21st day of December, 2015 AND CORRECTED BY THE COUNCIL OF THE CITY OF CALDWELL, IDAHO, this 16th day of May, 2016. ORIGINALLY APPROVED BY THE MAYOR OF THE CITY OF CALDWELL, IDAHO, this 21st day of December, 2015 THE CORRECTION OF WHICH WAS APPROVED BY THE MAYOR OF THE CITY OF CALDWELL, IDAHO, this 16th day of May, 2016. 914-e.61,244, ATTEST: Mayor Garret L. Nancolas City Clerk .0,s ......,,. .. V •••`,�• .•X1111' i/! ••. ttok V /i••f r • •• • JAN •7.v , •.i....•• O •. .,S4 COUNDI ..•. ,.........•••`, 2016-018924 RECORDED 05/18/2016 12:22 PM - .`... 111111111111111111111111111111111111111 002321 31201600189240030038 CHRIS YAMAMOTO .n I CANYON COUNTY RECORDER Ott* Pgs=3 SDUPUIS NO FEE ORDINANCE tis,. Canyon County CITY OF CALDWELL Recorder's Office Document Cover Sheet 'pw r"rmaf Re`s CITY OF CALDWELL Annexation Ordinance No. 3019 Weymouth/100 Lateral 1 l 1 � Jacksons Annexation Case No. ANN-15-05 SW 1/4 SW 1/4 Section 20, ..... ` ' T4N, R2W, BM • `• 1 Mason wet* HIGHWAY•20/26, 1 1 1 1 1 1 1 1 1 1 1 ❑ 1 cc Z 1 0 I.- W J Na ❑ 0o o � 6, 1 a Mar,ens Spur Drain 1v City Legend N t t: cALDWELI of - Ordinance 3019 Taxlots s Caldwell Caldwell Surface Water oInimmilmo 200 400 Feet 1 inch=400 feet Map Date:5/182016 11 EX/S7JNG CALDNELL c CITY LIMITS BOUNDARY = ORDINANCE NO. 2645 S 89'49'21' E 33.00' S 00'10'39' W 102.11' I oA `�''�z?os. u'a C .1161 ��`34.• �i slr to b� 6.70 ACRES 41- 6.70- � "'�`: ``�y o ccicn in1 19 28 __ 1114 20 - - - - - - -HW . 2O/26 30 -------N 29 89'57'52' W174, 140------ J it •�29 POINT OF BEGINNING 1 1 S 89'57'52" E 2640.70' (BASIS OF BEARING) I i 1 CURVE TABLE I CURVE LENGTH RADIUS DELTA CHORD BRG CHORD C1 39.68 73.00 31' 08' 27' S 56' 52' 55' E 39.19 i PROPOSED CITY OF CALDWELL ANNEXATION JACKSONS FOOD STORES SITE - STORE 149 LOCATED IN THE SW 1/4 OF THE SW 1/4 OF SECTION 20, TAN., R.2W., B.M. CANYON COUNTY, IDAHO SCALE: 1" = 300'