Loading...
HomeMy WebLinkAboutORD 2432 INSTRUMENT N . .20c6.23?1 ,2-- STATE OF IDAHO) County of Canyon ) I, Betty Jo Keller, do hereby certify that I am the duly qualified and acting Deputy City Clerk of the City of Caldwell, Canyon County, Idaho. I further certify that the attached constitutes a true and correct copy of Ordinance No. 2432 approved by the City Council on the 15th day of July, 2002 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 19th day of July, 2002. "'•••.• Deputy City Clerk Z I.A N 15, :y%: : o ; STATE OF IDAHO) C^TINT{'..... County of Canyon ) On this 19th day of July, 2002 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. �...•�......,,, NOTARY PUBLIC FOR IDAHO ........ .•g sol �•'••, Residing at Caldwell, Idaho •• •.%1) % Commission expires: �OT,4Rr it • �•� : * '6UBL%C : •*'•. OE ID ... 77 �� X110 V.411 IMO BILL NO. 28 ORDINANCE NO. 2432 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 R-1 (SINGLE-FAMILY) ZONE DISTRICT; AND DECLARING SAID LANDS 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 Caldwell 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-73-02 (IFI Partners II) at a public hearing held July 15, 2002. Section 2. The parcels are located to the north of Ustick Road situated between the west side of the Phyllis Canal and the east side of Airport Avenue. The parcels extend northward from Ustick Road to abut the south side of Copperrock Subdivision. 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 an R-1 (Single-Family Residential) zone: Parcel I - Commencing at the south quarter corner of said Section 33; thence N00°05'25"W, 223.39 feet along the westerly boundary of the southwest quarter of the southeast quarter of said Section 33 to the Real Point of Beginning: Thence continuing N00°05'25"W, 1,093.60 feet along the westerly boundary of the southwest quarter of the southeast quarter of said Section 33 to the northwest corner of the southwest quarter of the southeast quarter of said Section 33; Thence N89°36'34"E, 347.33 feet along the northerly boundary of the southwest quarter of the southeast quarter of said Section 33 to the centerline of the Phyllis Canal; Thence the following courses and distances along the centerline of the Phyllis Canal: S76°22'25"E, 167.62 feet; 337.98 feet along a tangent curve deflecting to the right, with a radius of 235.00 feet, a central angle of 82°24'10", a long chord of 309.59 feet and a chord bearing of S35°10'20"E; S06°01'45"W, 133.68 feet; S08°11'56"W, 229.08 feet; S07°35'23"W, 463.56 feet; S14°45'27"W, 211.57 feet to the southerly boundary of the southwest quarter of the southeast quarter of said Section 33; Thence S89°40'12"W, 380.96 feet along the southerly boundary of the southwest quarter of the southeast quarter of said Section 33; Thence N00°47'29"W, 220.61 feet; Thence N89°11'55"W, 141.02 feet to the Real Point of Beginning. Parcel II — This parcel is a portion of the W 1/2 NW % SE '/4 of Section 33, Township 4 North, Range 3 West of the Boise Meridian and is more particularly described as follows: COMMENCING at the northwest corner of said W 1/2 NW '/4 SE 1,4; thence South 0°41'06" West along the west boundary of said W 1/2 NW '/4 SE '/4 a distance of 581.75 feet to the TRUE POINT OF BEGINNING; thence South 89°34'15" East parallel with the north boundary of said W 1/2 NW 1/4 SE 1/4 a distance of 573.93 feet; thence southeasterly 104.86 feet along the arc of a curve to the left having a central angle of 120°09'29", a radius of 50.00 feet and a long chord elb ' SO which bears South 22°25'45: East a distance of 86.67 feet; thence South 89°35'24" East a distance of 55.88 feet to a point on the east boundary of said W 1/2 NW '/4 SE 'A; thence South 0°36'44" West along said east boundary a distance of 660.90 feet to the southeast corner of said W 1/2 NW '/4 SE '/4; thence North 89°36'54" West along the south boundary of said W 1/2 NW 1/4 SE '/4; a distance of 664.68 feet to the southwest corner of said W 1/2 NW '/4 SE '/4; thence North 0°41'06" East along the west boundary of said W 1/2 NW '/4 SE '/4 a distance of 741.27 feet to the TRUE POINT OF BEGINNING. 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 an R-1 (Single- Family Residential) zone. 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 15th day of July 2002. APPROVED BY THE MAYOR OF THE CITY OF CALDWELL, IDAHO, 15th day of July 2002. 4124 ' ''6-Vt/vvi„,4:, :%:;eeeee'eier,,e:.. � 74t, . t °.4SITEST. Mayor Garret L. Nancolas G„ •',rc'O)f'e, •, •▪ r— 4 IS �eputy C ty Clerk Betty Jo Keller • s m.4,, r+...,,•....N•. � ,,,Q► ,.. • IBS ORDINANCES OF THE CITY OF CALDWELL NOTICE OF ADOPTION AND SUMMARY OF ORDINANCE NO. 2432 REGARDING ANNEXATION AND ZONE DESIGNATION OF CERTAIN PROPERTY This ordinance provides for annexation of a parcel of land approximately 30.41 acres to be annexed into the City of Caldwell as R-1 (Single Family Residential zone). The property is located to the north of Ustick Road situated between the west side of the Phyllis Canal and the east side of Airport Avenue. The parcel extends northward from Ustick Road to abut the south side of Copperrock Subdivision and is legally described as follows: Parcel I - Commencing at the south quarter corner of said Section 33; thence N00°05'25"W, 223.39 feet along the westerly boundary of the southwest quarter of the southeast quarter of said Section 33 to the Real Point of Beginning: Thence continuing N00°05'25"W, 1,093.60 feet along the westerly boundary of the southwest quarter of the southeast quarter of said Section 33 to the northwest corner of the southwest quarter of the southeast quarter of said Section 33; Thence N89°36'34"E, 347.33 feet along the northerly boundary of the southwest quarter of the southeast quarter of said Section 33 to the centerline of the Phyllis Canal; Thence the following courses and distances along the centerline of the Phyllis Canal: S76°22'25"E, 167.62 feet; 337.98 feet along a tangent curve deflecting to the right, with a radius of 235.00 feet, a central angle of 82°24'10", a long chord of 309.59 feet and a chord bearing of S35°10'20"E; S06°01'45"W, 133.68 feet; S08°11'56"W, 229.08 feet; S07°35'23"W, 463.56 feet; S14°45'27"W, 211.57 feet to the southerly boundary of the southwest quarter of the southeast quarter of said Section 33; Thence S89°40'12"W, 380.96 feet along the southerly boundary of the southwest quarter of the southeast quarter of said Section 33; Thence N00°47'29"W, 220.61 feet; Thence N89°11'55"W, 141.02 feet to the Real Point of Beginning. Parcel II — This parcel is a portion of the W 1/2 NW 'A SE 1/4 of Section 33, Township 4 North, Range 3 West of the Boise Meridian and is more particularly described as follows: COMMENCING at the northwest corner of said W 1/2 NW 1/4 SE 1/4; thence South 0°41'06" West along the west boundary of said W % NW 'A SE 1/4 a distance of 581.75 feet to the TRUE POINT OF BEGINNING; thence South 89°34'15" East parallel with the north boundary of said W 1/2 NW 1/4 SE 1/4 a distance of 573.93 feet; thence southeasterly 104.86 feet along the arc of a curve to the left having a central angle of 120°09'29", a radius of 50.00 feet and a long chord which bears South 22°25'45: East a distance of 86.67 feet; thence South 89°35'24" East a distance of 55.88 feet to a point on the east boundary of said W 1/2 NW 1/4 SE 1/4; thence South 0°36'44" West along said east boundary a distance of 660.90 feet to the southeast corner of said W '/2 NW '/4 SE 1/4; thence North 89°36'54" West along the south boundary of said W '/2 NW 1/4 SE 1/4; a distance of 664.68 feet to the southwest corner of said W 1/2 NW 1/4 SE 1/4; thence North 0°41'06" East along the west boundary of said W '/2 NW 'A SE IA a distance of 741.27 feet to the TRUE POINT OF BEGINNING. The Ordinance includes a provision to amend the official maps of the City by designating the above-described property as R-1 and providing an effective date, which shall be when published in the Idaho Press Tribune on the 22nd day of July 2002. Ordinance No. 2432 was passed by the Council and approved by the Mayor on the 15th day of July 2002. The full text of the Ordinance is available at Caldwell City Hall, 621 Cleveland Boulevard, Caldwell, Idaho. The Mayor and City Council approved the foregoing summary for publication pursuant to Idaho Code 50-901A on the 15th day of July 2002. Mayor Garret L. Nancolas ATTEST: Betty Jo Keller, Deputy 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. 2432 and provides adequate notice to the public as to the contents of such ordinance. DATED this 15th day of July 2002. Mark Hilty, Attorney for City of Caldwell 2021-003908 RECORDED 01/19/2021 11:40 AM Recording requested by and III 1III 1111111111 when recorded return to: 00580124202100039080100108 City of Caldwell CHRIS YAMAMOTO Community Development CANYON COUNTY RECORDER Pgs=10 MBROWN NO FEE P.O. Box 1177 AGR Caldwell, Idaho 83605 CITY OF CALDWELL �e4(Wed fir; 4'd soot. �9 r 0414 For Recording Purposes To Not Write Above This Line (d.p Me-01 l Nf'YI t'1 f 6121MAil Gd-- DEVELOPMENT AGREEMENT This Development Agreement ("Development Agreement") is made and entered into this /5- day of , 2002, by and between the City of Caldwell, a municipal corporation in tl-Ctafelof Idaho, by and through its Mayor ("Caldwell"), and John G. Evans (IFI Partners II), Hal E. Mckelsen and Patricia G. Mickelsen ("Applicants"). WHEREAS, the Applicant is or will be the owner of record of certain real estate (the Subject Property) located in Canyon County, Idaho lying contigious to Caldwell and in its area of city impact, and more particularlydescribed as follows: See Exhibit "A" attached hereto and incorporated herein bythis reference; and WHEREAS, the Property is the subject of an application for annexation and rezone into the City of Caldwell and identified as Application Number ANN-73-02 ("Annexation Application"); and WHEREAS, the property is within the area of city impact currently zoned by Canyon County as R-1 (Single Family Residential); and WHEREAS, the Applicant desires to rezone the property to the Caldwell's R-1 (Single Family Residential) zoning classification for purpose of future residential development; and WHEREAS, Caldwell has determined that the effect of any annexation and rezone upon the subject Property must prevent undue damage to, and otherwise be in harmony with, the existing surrounding community; and WHEREAS, the intent of this Development Agreement is to protect the rights of Applicant's use and enjoyment of the Property, while at the same time limiting any adverse impacts resulting from the annexation and rezone of this property upon neighboring properties and the community and ensuring the Property is developed in a manner consistent with Caldwell's Comprehensive Plan and City Code; and WHEREAS, Caldwell and Applicant desire to set forth herein limitations and/or conditions upon the use and development of the Property to be annexed and rezoned R-1 (Single Family Residential); and Development Agreement/mickelsen(Executabb)-1 11 7/18/2002 D — d _ a 3 w WHEREAS, all capitalized terms in this Development Agreement not herein defined shall have those meanings designated in the Caldwell City Code, the Caldwell Zoning Ordinance, and the Caldwell Comprehensive Plan; NOW, THEREFORE, for and in consideration of the mutual covenants contained herein, Applicant and Caldwell agree as follows: ARTICLE I LEGAL AUTHORITY 1.1 Caldwell will adopt an ordinance to annex and rezone the Property that is the subject of the Annexation Application, subject to the provisions of this Development Agreement. The ordinance will become effective after its passage, approval, and publication. This Development Agreement shall be recorded only after the Applicant is the owner of the Property and the ordinance has become effective. ARTICLE II CONDITIONS OF THE REZONE AND ANNEXATION 2.1 The Property shall be utilized in the fashion and according to the terms set brth in the development application for ANN-73-02 (IFI Parners II), to include the bllowing conditions: a) In the event the property's legal description is discovered to be inadequate, the applicant will be responsible for assuming the measures necessary to provide the City an accurate legal description. b) The Applicant is required to dedicate 10 feet of additional right-of-way along Airport Avenue for a total of 60 feet and 20 feet of additional right-of-way along Ustick Road for a total half right- of-way of 45 feet. c) A crossing is required over the Phyllis Canal to connect Airport on both sides of the canal. d) Construction of a sewer line will be required along Airport Avenue to the intersection with Ustick Road. ARTICLE III DEFAULT 3.1 In the event the Applicant fails to comply with the commitments set brth herein, within thirty(30) days of written notice of such failure from Caldwell, Caldwell shall have the right, without prejudice to any other rights or remedies, to cure such debult or enjoin such violation and otherwise enforce the requirements contained in this Development Agreement. 3.2 In the event either party to this Agreement shall employ legal counsel to protect its rights under this Development Agreement or is required to proceed in a court oflaw or equity to enforce any provision of this Development Agreement, the prevailing party shall be entitled to its reasonable attorneys fees (including any fees on appeal), costs and expenses incurred in connection with its claim. Development Agreement/mickelsen(Executabb)-2 jj 7/9/2002 • ARTICLE IV UNENFORCEABLE PROVISIONS 4.1 If this Development Agreement shall be held invalid or unenforceable, it shall terminate and the annexation of the land shall divest and the zoning of the Property shall revert to Canyon County's R-1 (Single Family Residential) zoning designation, unless the Development Agreement is re-negotiated in good faith between the Applicant and Caldwell in accordance with the notice and hearing provisions of Idaho Code Section 67-6509. ARTICLE V ASSIGNMENT AND TRANSFER 5.1 The Development Agreement shall be recorded in the ofice of the County Recorder at the expense of the Applicant when the Rezone and Annexation Application has been finally approved, the ordinance has become effective, and the Applicant is the owner of the Property. 5.2 The terms and provisions of the Development Agreement shall be a burden on the Property, shall be appurtenant to and for the benefit of Caldwell and shall run with the land. 5.3 This Development Agreement shall be binding on the Applicant, its respecti.e heirs, administrators, executors, agents, legal representatives, successors, and assigns; provided, however, that if all or any portion of the development is sold, the sellers shall thereupon be released and discharged from any and all obligations in connection with the property sold arising under this Agreement. 5.4 The new owner of the Property or any portion thereof(including, without limitation, any owner who acquires its interest by foreclosure, trustee's sale or otherwise) shall be liable for all commitments and other obligations arising under this De.elopment Agreement with respect to the Property or portion thereof. ARTICLE VI GENERAL MATTERS 6.1 Amendments. Any alteration or change to this Development Agreement shall be made only after complying with the notice and hearing provisions of Idaho Code Section 67- 6509. 6.2 Paragraph Headings. This Development Agreement shall be construed according to its fair meaning and as if prepared by both parties hereto. Titles and captions are for convenience only and shall not constitute a portion of this Development Agreement. As used in this Development Agreement, masculine, feminine or neuter gender and the singular or plural number shall each be deemed to include the others wherever and whenever the context so dictates. 6.3 Choice of Law. This Development Agreement shall be construed in accordance with the laws of the State of Idaho in effect at the time of the execution of this Development Agreement. Any action brought in connection with this Development Agreement shall be brought in a court of competent jurisdiction located in Canyon County, Idaho. Development Agreement/mickelsen(Executabb)-3 JJ 7/9/2002 1111 6.4 Legal Representation. Both the Applicant and Caldwell have been represented by legal counsel in negotiating this Development Agreement. 6.5 Notices. Any notice which a party may desire to give to another party must be in writing and may be given by personal delivery, by mailing the same by registered or certified mail, return receipt requested postage prepaid, or byFederal Express or other reputable overnight delivery service, to the party to whom the notice is directed at the address of such party set forth below. Notice may be given by facsimile transmission so long as confirmation of successful transmission is maintained by the sending party and the notice document is sent to recipient by any other methods herein. Caldwell: Community Development P.O. Box 1177 Caldwell, Idaho 83605 Phone: 455-3021 Fax: 455-3050 Applicants: John Evans dba. IFI Partners II 5699 North Riffle Way Garden City, Idaho 83703 Phone: 853-8832 Fax: 853-2219 Hal E. Mickelsen and Patricia G. Mickelsen 306 Hilldrop St. Caldwell, ID 83605 Phone: 459-6616 Or such other address and to such other persons as the parties mayhereafter designate. Any such notice shall be deemed given upon receipt if by personal delivery, forty-eight (48) hours after deposit in the United States mail, if sent by mail pursuant to the foregoing, or twenty-four (24) hours after timely deposit with a reputable overnight delivery service. Notice shall be deemed given upon receipt if by facsimile transmission, so long as the notice document is received by recipient pursuant to other methods herein. 6.6 Effective Date. This Development Agreement shall be effective after delivery to each of the parties hereto of a fully executed original of this Development Agreement. IN WITNESS WHEREOF, the parties have executed this Development Agreement. DATED this 11 day of JiL , 2002. OFC CALDWELL: • 1 •. �.•���°RP��9 • 4• CITY OF CALDWELL, a municipal corporation organimd and A• • I • existing under the laws of the State of Idaho q aS V15 3c- : e f) • ,,•O•▪ �•s• asp �•'•�� *� 91/1A4 /- �� ,•••�+�b ,,,,,,9P ••.• By: , Mayor NTY .• Development Agreement/mickelsen(Executabb)-4 jj 7/11/2002 w • ATTEST: �.•`'6. OFCA ••, •• c„.7.•.. ••• CORP ••, Q 4 • , City Clerk, 1 ;.) i liN ' ; : DATED this AS day of 7 2002. • 0 '1 r, "1TY,t�P.••.• APPLICANTS: JOHN G. EVANS, dba. IFI PARTNERS II By: n G. Evans, Manager Member Hal E. Mickelsen and Patricia G. Mickelsen jA4120.„\ By: Hal E. Micllein By: ,d° d?'Li--f- = atricia G. Mickelsen STATE OF IDAHO ) : ss. County of Canyon ) On this f day of I.LCL.t , 2002, before the undersigned notary public in and for the said state, personallyappea'ed Garret L. Nancolas, known or identified to me to be the Mayor of the City of Caldwell and the person who executed the foregoing instrument on behalf of said City and acknowledged to me that said City executed the same. IN WITNESS WHEREOF, I have hereunto set my hand and seal the day and year first above written. �Q y : % A. ,,f G * -• of-ry P Nit for le aho • PuB Ll esi•ing at: k / , y '•.,`�� ••.•••���.•� 'mm'- ion Expires: - ZiA .,�•4r8oF191.* 9 1.,''' . • Development Agreement/mickelsen(Executabb)-5 jj 7/9/2002 1111 STATE OF IDAHO ) : ss. County of Canyon ) On this t � day of v ` , 2002, before the undersigned notary public in and for the said state, personally appe red John G. Evans, known or identified to me to be the Manager Member of IFI Partners II referenced herein, and the person who executed the foregoing instrument. IN WITNESS WHEREOF, I have hereunto set my hand and seal the day and year first above written. \\\ I H I N/� G \ S1TT // 1I \ • •• • NOTARY Notary Public for Idaho , / *i P'st.rc * Residing at: C L a ' My Commission Expires: niT 0 STATE OF IDAHO ) : ss. County of Canyon ) On this f'� I day of v , 2002, before the undersigned notary public in and for the said state, personally app ared Hal E. Mickelsen, known or identified to me as the person referenced herein, and the person who executed the foregoing instrument. IN WITNESS WHEREOF, I have hereunto set my hand and seal the day and year first above written. /A /Vl6 \\\\011100//G S/Pr0 Notary Pub'''f. Ida•o •.; Residing at: • My Commission Expires: • /0/ • NOTARY *1 PUBLIC ;* r • ; • • S / 0f \\\" STATE OF IDAHO ) : ss. County of Canyon ) Development Agreement/mickelsen(Executabb)-6 jj 7/9/2002 On this it li\day of j , 2002, before the undersigned notary public in and for the said state, personally ap ared Patricia G. Nickelsen, known or identified to me as the person referenced herein, and the person who executed the foregoing instrument. IN WITNESS WHEREOF, I have hereunto set my hand and seal the day and year first above written. 1111114/, \\\ \ G SIT/, Notary Publ.° for Idah� / `• .T/c // Residing at: •• My Commission Expires: M..' NOTARY PUBLIC * / /9?£of 1D' // \N\ Development Agreement/mickelsen(Executabb)-7 jj 7/9/2002 111111 111111 Land Description ri I'cE v E P D Ustick / Airport Road Parcel JUN 1 $ 2002 June 18, 2002 -------� A parcel of land situate in the southwest quarter of the southeast quarter of Section �-- 33, Township 4 North, Range 3 West, Boise Meridian, Canyon County, Idaho, being more particularly described as follows: Commencing at the south quarter corner of said Section 33; thence N00°05'25"W, 223.39 feet along the westerly boundary of the southwest quarter of the southeast quarter of said Section 33 to the Real Point of Beginning: Thence continuing N00°05'25"W, 1,093.60 feet along the westerly boundary of the southwest quarter of the southeast quarter of said Section 33 to the northwest corner of the southwest quarter of the southeast quarter of said Section 33; Thence N89°36'34"E, 347.33 feet along the northerly boundary of the southwest quarter of the southeast quarter of said Section 33 to the centerline of the Phyllis Canal; Thence the following courses and distances along the centerline of the Phyllis Canal: S76°22'25"E, 167.62 feet; 337.98 feet along a tangent curve deflecting to the right,with a radius of 235.00 feet, a central angle of 82°24'10", a long chord of 309.59 feet and a chord bearing of S35°10'20"E; S06°01'45"W, 133.68 feet; 508°11'56"W, 229.08 feet; S07°35'23"W, 463.56 feet; S14°45'27"W, 211.57 feet to the southerly boundary of the southwest quarter of the southeast quarter of said Section 33; Thence S89°40'12"W, 380.96 feet along the southerly boundary of the southwest quarter of the southeast quarter of said Section 33; Thence N00°47'29"W, 220.61 feet; Thence N89°11'55"W, 141.02 feet to the Real Point of Beginning. Comprising 17.961 acres, more or less. Subject to easements or rights-of-way of record or apparent. Skinner L Greg L.Skinner;PIS - -A —Survey-Co;fre. . 1904E Ciic2g0 Street,Suite C Caldwell ID 83605 _ (208) 454-0933 _ • Fax(208) 454-9492 October 2, 1998 Description for - Hal Mickelson Job No. DE1597 Phase II (remainder) CALd. This parcel is a portion .of the W1/2 NW1/4 SE1/4 of Section 33, Township 4 North, Range 3 West of the Boise Meridian and is more particularly described as follows: COMMENCING at the northwest corner of said W1/2 NW1/4 SE1/4; thence South 0° 41' 06" West along the west boundary of said WI/2 NWI/4 SE1/4 a distance of 581.75 feet to the TRUE POINT OF BEGINNING; thence' South 89° 34' 15" East parallel with the north boundary of said W1/2 NW1/4 SE1/4 a distance of 573 . 93 feet; thence southeasterly 104. 86 feet along the arc of a curve to the left having a central angle -of 120° 09' 29", a radius of 50.00 feet and a long chord which bears South 22° 25' 45" East a • distance of 86. 67 feet; _ thence . South 89° 35' 24" East a distance of 55. 88 feet to a point on the east boundary of said W1/2 NW1/4 SE1/4; • thence South 0° 36' 44" West along said east boundary a distance of 660.90 feet to the southeast corner of said W1/2 NW1/4 SE1/4; thence North 89° 36' 54" West along the south boundary of said W1/2 NW1/4 SE1/4 a distance of 664 . 68 feet to the southwest corner of said W1/2 NW1/4 SE1/4; thence North 0° 41' 06" East along the west boundary of said W1/2 NW1/4 SE1/4 a distance of 741.27 feet to the TRUE POINT OF BEGINNING, containing 11. 13 acres, more or less. 1 4„, X627 • tif41. • 2 0 0 2 3 9 1 5 2 REC„DIRDED 25 Ell 9 '; Ltic..3 1i RECOR) e\I tie CALLIWE'd 1Y GF REQUESidis Ems Fri••• ••• 911 •