HomeMy WebLinkAboutORD 2432 INSTRUMENT N .
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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,
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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
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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.
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Mayor Garret L. Nancolas G„ •',rc'O)f'e, •,
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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
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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
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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
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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
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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:
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�.•���°RP��9 • 4• CITY OF CALDWELL, a municipal corporation organimd and
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existing under the laws of the State of Idaho
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Development Agreement/mickelsen(Executabb)-4
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ATTEST: �.•`'6. OFCA ••,
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, City Clerk, 1 ;.) i liN ' ; :
DATED this AS day of 7 2002. •
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APPLICANTS:
JOHN G. EVANS, dba. IFI PARTNERS II
By:
n G. Evans, Manager Member
Hal E. Mickelsen and Patricia G. Mickelsen
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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.
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Development Agreement/mickelsen(Executabb)-5
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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.
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STATE OF IDAHO )
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County of Canyon )
On this f'�
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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.
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STATE OF IDAHO )
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County of Canyon )
Development Agreement/mickelsen(Executabb)-6
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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.
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Development Agreement/mickelsen(Executabb)-7
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111111
111111
Land Description ri I'cE v E P
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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
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—Survey-Co;fre.
. 1904E Ciic2g0 Street,Suite C
Caldwell ID 83605 _
(208) 454-0933 _
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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.
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