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Home My WebLink AboutORD 3350 (Corrected)2021-086844 RECORDED 12/22/2021 12:36 PM 11111111111111111111111111111111111111111111111111 00671705202100868440030033 CHRIS YAMAMOTO CANYON COUNTY RECORDER Pgs=3 MBROWN NO FEE ORDINANCE CORRECTED ORDINANCE NO. 3350 CITY OF CALDWELL AN ORDINANCE DETERMINING THAT CERTAIN LANDS, GENERALLY DESCRIBED AS LYING BETWEEN MARBLE FRONT ROAD ON THE NORTH AND JOPLIN ROAD ON THE SOUTH, AND LYING BETWEEN WARE ROAD ON THE WEST AND MIDDLETON ROAD ON THE EAST, COMPRISING APPROXIMATELY 48.02 ACRES, MORE OR LESS, LAY 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-2 (MEDIUM DENSITY RESIDENTIAL) ZONE; DECLARING SAID LANDS BY PROPER LEGAL DESCRIPTION AS DESCRIBED BELOW TO BE 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, Ordinance No. 3350 was originally passed by the Caldwell City Council and approved by the Mayor on November 15, 2021, following all required public notice and hearing procedures; WHEREAS, Ordinance No. 3350 was recorded as Instrument No. 2021-078891 on November 16, 2021, in the office of the Canyon County Recorder; WHEREAS, it was thereafter discovered that the legal description of the property annexed by said ordinance contained an error and, therefore, did not provide a proper description of the property intended to be annexed and zoned; and WHEREAS, although the City previously attempted to correct the error in legal description by interlineation and re-recording of the ordinance on October 30, 2021, as Instrument No. 2021- 081545, the City now wishes to adopt this Corrected Ordinance No. 3350, to record it, and to publish it or its summary in order to ensure proper and full correction of the above -referenced error in the record and to, therefore, effect the intended annexation and zoning designation. 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 Hearing Examiner and following the public notice and hearing procedures set forth in Section 10-01-07, CORRECTED ORDINANCE No. 3350 — PAGE I Zoning Ordinance No. 1451, approved Case No. ANN21-000007 (Sterling Ridge Annexation) at a public hearing held November 1, 2021. Section 2. The subject 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 R-2 (Medium Density Residential): See Exhibit "A," attached hereto and made a part hereof by this reference. Section 3. That the above -described property is hereby annexed into the corporate limits of the City of Caldwell and zoned R-2 (Medium Density Residential). Section 4. That the City Engineer and the Planning & 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 lying within the city limits and zoned R-2 (Medium Density Residential). Section 5. All ordinances, resolutions, orders or parts thereof in conflict herewith are hereby repealed, rescinded and annulled. Section 6. This ordinance shall be in full force and in effect from and after its passage, approval and publication, according to law. 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 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. PASSED BY THE COUNCIL OF THE CITY OF CALDWELL, IDAHO, THIS 20TH DAY OF DECEMBER, 2021. APPROVED BY THE MAYOR OF THE CITY OF CALDWELL, IDAHO, THIS 20TH DAY OF DECEMBER, 2021. Mayor Garret Nancolas Attest: City Clerk ♦ ••oteP ••• ��''• °fir s JAN15 S •O �9p•. 1890••.•�Q��•• CORRECTED ORDINANCE No. 3350 - PAGE 2 EXHIBIT "A" LEGAL DESCRIPTION STERLING RIDGE ANNEXATION Corrected Ordinance No. 3350 A parcel of land being a portion of the S '/z NE'/a of Section 19, Township 4 North, Range 2 West, Boise Meridian, Canyon County, Idaho, more particularly described as follows: COMMENCING at the Center '/4 corner of said Section 19, from which the East '/4 corner of said Section 19 bears S89°46'54"E, 2637.34 feet; thence S89°46'54"E, 659.26 feet coincident with East-West center section line of said Section 19 to the SW corner of Parcel 1 shown on Record of Survey Inst. No. 2008025031, records of Canyon County, also being the POINT OF BEGINNING; thence N00°35'08"E, 964.64 feet coincident with the westerly line of said Parcel 1; thence S89°45'31 "E, 214.22 feet on a line that is 47.00 feet southerly of and a parallel with the southerly line of those lands shown on Record of Survey Inst. No. 8908903, records of Canyon County; thence N00°35'08"E, 357.01 feet on a line that is 24.17 feet easterly of and parallel with the easterly line of those lands shown in said Record of Survey to a point on the North line of said S '/2 NE '/4; thence S89°45'31 "E, 608.50 feet coincident with said North line to the NW corner of Parcel 3 shown on Record of Survey Inst. No. 2017-031223, records of Canyon County; thence S00031'58"W, 251.05 feet coincident with the westerly line of said Parcel 3 to the SW corner of said Parcel 3; thence S89°47'31"E, 229.76 feet coincident with the southerly line of said Parcel 3 to the SE corner of said Parcel 3; thence S01 °35'52"W, 10.00 feet; thence S89047'31 "E, 221.40 feet to a point on the easterly line of Parcel 2 of said Record of Survey Inst. No. 2017-031223; thence S00044105"W, 160.95 feet coincident with said easterly line; thence S89°48'39"E, 421.48 feet; thence S00°42'24"W, 113.40 feet on a line that is 18.00 feet westerly of and parallel with the westerly line of those lands shown on Record of Survey Inst. No. 93012033, records of Canyon County; thence S88032'16"E, 283.23 feet on a line that is 12.00 feet southerly of and parallel with the southerly line of those lands shown on said Record of Survey to a point on the East line of said Section 19; thence S00°34'37"W, 780.07 feet coincident with said East line to said East'/4 corner; thence N89°46'54"W, 1978.08 feet coincident with said East-West center section line to the POINT OF BEGINNING. Contains 48.02 acres, more or less. ORDINANCES OF THE CITY OF CALDWELL NOTICE OF ADOPTION AND SUMMARY OF CORRECTED ORDINANCE NO.3350 AN ORDINANCE DETERMINING THAT CERTAIN LANDS, GENERALLY DESCRIBED AS LYING BETWEEN MARBLE FRONT ROAD ON THE NORTH AND JOPLIN ROAD ON THE SOUTH, AND LYING BETWEEN WARE ROAD ON THE WEST AND MIDDLETON ROAD ON THE EAST, COMPRISING APPROXIMATELY 48.02 ACRES, MORE OR LESS, LAY 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-2 (MEDIUM DENSITY RESIDENTIAL) ZONE; DECLARING SAID LANDS BY PROPER LEGAL DESCRIPTION AS DESCRIBED BELOW TO BE 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. Sections 1 through 4: Memorializes approval of Annexation Case No. ANN21-000007 (Sterling Ridge Annexation) in accordance with law following a hearing held November 1, 2021; Finds that the Applicant's property, generally described as lying between Marble Front Road on the north and Joplin Road on the south, and lying between Ware Road on the west and Middleton Road on the east, comprising approximately 48.02 acres, more or less, more particularly described within the ordinance and visually depicted in the map included in this summary, below, is contiguous to the City of Caldwell and that it should be annexed into the city with a zoning designation of R-2 (Medium Density Residential); Annexes said real property into the city limits and designates it as R-2 (Medium Density Residential); Directs the City Engineer and City Planning and Zoning Director to designate said property as lying within city limits and zoned as R-2 (Medium Density Residential) on the city's zoning map and other maps. VR/fY1NR& 4AARlE fRONT RO C 1 p o� ^r r;.m.9 Rog, AIIlINN11 IrCM, NO. P.NN31-0D 11 I SE Nt NE ..Rttb119 Tt N.Ri .19 JC.Ft 111 R.D Sections 5 through 7: Provides that this ordinance shall be in full force and effect from and after i�,passage, approval, and publication, according to Iaw; provides -for severability; repeals conflicting oiinances, resolutions, and orders. Corrected Ordinance No. 3350 provides an effective date, which shall be on December 28, 2021. Ordinance No. 3350 was passed by the Council and approved by the Mayor on the 20th day of 2021. The full text of the Ordinance is available at Caldwell City Hall, 411 Blaine Street, Caldi 83605. The Mayor and City Council approved the foregoing summary on the 20th day of Decen for publication on the 28th day of December, 2021, pursuant to Idaho Code § 50-901A. Mayor Garret Nancolas ATTEST: - Debbie Geyer, 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. 3350 and provides adequate notice to the public as to the contents of such ordinance. DATED December 20,202 1 Mark Hilty omen itv of Caldwell Idaho 2021,