HomeMy Public PortalAboutOrd. 894 - Payette River Parcels AnnexationInstrument # 367069
VALLEY COUNTY, CASCADE, IDAHO
2-24-2012 01:07:311 No. of Pages: 7
Recorded for : CITY OF MCCALL
ORDINANCE NUMBER 89rHE N. BANBURY
x-Of6cio Recorder Deputy
Index to: ORDINANCES
AN ORDINANCE OF THE CITY OF McCALL, VALLEY COUNTY, IDAHO
ANNEXING CERTAIN REAL PROPERTY LOCATED IN THE IMPACT AREA OF
VALLEY COUNTY, IDAHO, ESTABLISHING THE ZONING CLASSIFICATION
UPON ANNEXATION OF PROPERTIES AS R8 MEDIUM DENSITY RESIDENTIAL;
PROVIDING FOR RELATED MATTERS; AND PROVIDING AN EFFECTIVE DATE.
WHEREAS, the City of McCall, Valley County, Idaho, is a municipal corporation duly
organized and operating under the laws of the State of Idaho; and
WHEREAS, the City of McCall, Valley County, Idaho, is authorized to annex real property
through the category A annexations process in the manner provided by Idaho Code §50-222;
and
WHEREAS, according to the provisions of Idaho Code §67-6511 the City of McCall, Valley
County, Idaho, is authorized to establish within its jurisdiction one or more zones or zoning
districts where appropriate; and
WHEREAS, the annexations of the subject parcels qualify for Category A because the parcels
are residential enclaves of fewer than 100 parcels, zoned for residential purposes and entirely
surrounded by incorporated area; and
WHEREAS, City Code of McCall Title 3.13.06 provides the methods by which to establish
zoning upon annexation; and
WHEREAS, on March 16, 2006, the McCall City Council created a R8 zone intended to permit
the development of medium density neighborhoods consisting with maximum density of eight
(8) units per acre; and
WHEREAS, the City of McCall conducted a review of all City limits ordinances and discovered
that approximately 14 acres of the Payette River, 1.7 acres owned by the City of McCall, and 5.3
acres of undeveloped residentially zoned property are within the Impact Area.
WHEREAS, the City of McCall would like to continue the same R8 zoning designation for the
properties as when they were in the Impact Area (Valley County); and
WHEREAS, the R8 zone is generally in conformity with the McCall Comprehensive Plan; and
WHEREAS, the McCall Planning and Zoning Commission, in accordance with public notice
procedure, held a public hearing on January 10, 2012 for purposes of hearing this zoning upon
annexation application. At that time, the Commission heard testimony on the proposed zoning
upon annexation land use application, made findings of fact and conclusions of law as required
by law, and recommended to the McCall City Council that the requested zoning upon annexation
be approved, subject to conditions of approval; and
WHEREAS, the McCall City Council held a public hearing on February 9, 2012 on the proposed
zoning upon annexation, made findings of fact and conclusions of law as required by law,
Ordinance No. 894 Page 1 of 6
February 9, 2012
finding that the zoning upon annexation application is generally in accord with the policies of the
McCall Comprehensive Plan and in the best interests of the citizens of the City of McCall.
NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE CITY
OF MCCALL, IDAHO, AS FOLLOWS:
Section 1: The Mayor and Council of the City of McCall, Idaho (the "City"), hereby find and
declare that the zoning upon annexation of the certain real property, described in Exhibit A and
depicted in Exhibit B, does not require an amendment to the Comprehensive Plan.
Section 2: The Mayor and Council of the City of McCall, Idaho (the "City"), hereby find and
declare that the real property described in Section 1 of this ordinance is a residential enclave, that
said property can be reasonably assumed to be used for the orderly development of the City, and
that the requirements of Section 50-222, Idaho Code, for annexation of said property, have been
satisfied.
Section 3: The real property, all located in Valley County, Idaho, particularly described in
Exhibit A which is annexed hereto and by reference incorporated herein, is hereby annexed to
and incorporated within the territorial limits of the City of McCall, Idaho. From and after the
effective date of this ordinance, all property and persons within the boundaries and territory
described above shall be subject to all ordinances, resolutions, regulations, taxation, and other
powers of the City of McCall.
Section 4: The zoning classification for the property described in Section 1 above is hereby
established as the R8 Zone as provided in the McCall City Code Title 3.
Section 5: The City Clerk is hereby directed to file, within ten (10) days of passage and approval
of this Ordinance, certified copies of this Ordinance with the offices of the Auditor, Treasurer,
and Assessor of Valley County, Idaho, and with the Idaho State Tax Commission, Boise, Idaho,
as required by Section 50-223, Idaho Code, and to comply with the provisions of Section 63-
2215, Idaho Code, with regard to the preparation and filing of a map and legal description of the
real property annexed by this Ordinance.
Section 6: This Ordinance, or a summary thereof in compliance with Section 50-901A, Idaho
Code, shall be published once and shall take effect and be in force from and after its passage,
approval, and publication.
PASSED AND APPROVED BY THE MAYOR AND COUNCIL OF THE CITY OF McCALL,
IDAHO, THIS 9 DAY OF FEBRARY, 2012.
Attest:
By
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BessieJo Wa.11er,
Ordinance No. 894
February 9, 2012
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nald C. Bailey, Mayor
Page 2 of 6
EXHIBIT A
LEGAL PROPERTY DESCRIPTION
RIVER/DEINHARD PROPERTIES
PARCEL # RP18NO3E177803
Inst# 268550
A PARCEL OF LAND FOR RIGHT-OF-WAY PURPOSES FOR DEINHARD LANE,
PROJECT NO. STP-3270(101), SITUATED IN THE N1/2 OF THE SE1/4 OF SECTION 17,
T.18N., R.3E., B.M., VALLEY COUNTY, IDAHO, BEING A PORTION OF THAT CERTAIN
15.838 ACRE PARCEL OF LAND AS SHOWN ON RECORDED OF SURVEY RECORDED
IN BOOK 6, PAGE 549. VALLEY COUNTY RECORDS, MORE PARTICULARLY
DESCRIBED AS FOLLOWS: COMMENCING AT THE 1/4 CORNER COMMON TO SAID
SECTION 17 AND 16, FROM WHICH CORNER THE WEST 1/4 CORNER OF SECTION 17
BEARS N. 89 ° 52' 02"W., 1633.469 METERS, (5359.14 FEET); THENCE, ALONG THE
EAST -WEST MID -SECTION LINE OF SAID SECTION,
A) N. 89°52'02"W., 330.483 METERS, (1084.26 FEET) TO THE POINT OF BEGINNING;
THENCE,
1) S. 57°36'22"W., 40.603 METERS, (133.21 FEET) TO THE BEGINNING OF A TANGENT
CURVE; THENCE,
2) SOUTHWESTERLY ALONG SAID CURVE TO THE RIGHT HAVING A RADIUS OF
180.480 METERS, (592.12 FEET), AN ARC LENGTH OF 154.699 METERS, (507.54 FEET),
THROUGH A CENTRAL ANGLE OF 49°06'40", AND A CHORD BEARING AND
DISTANCE OF S.82°09'42"W., 150.006 METERS, (492.14 FEET); THENCE, TANGENT
FROM SAID CURVE,
3) N. 73°16' 58"W., 69.185 METERS, (226.98 FEET) TO THE EAST BANK OF THE NORTH
FORK OF THE PAYETTE RIVER; THENCE, ALONG SAID EAST BANK,
4) N. 34°52'38"E., 15.413 METERS, (50.57 FEET); THENCE,
5) N. 42°00'28"E., 13.729 METERS, (45.04 FEET) TO A POINT ON THE ABOVE -
DESCRIBED MID -SECTION LINE; THENCE, ALONG SAID LINE,
6) S. 89°52'02"E., 231.150 METERS, (758.36 FEET) TO THE POINT OF BEGINNING.
CONTAINING 2.17 ACRES, (0.879 HA).
SUBJECT TO ALL COVENANTS, RIGHTS, RIGHT-OF-WAY, AND EASEMENTS OF
RECORD.
PARCEL # RP18NO3E177855
INST# 245010
A PARCEL OF LAND SITUATE IN THE' NE 1/4 OF' THE SE 1/4, AND GOVERNMENT LOT
6, OF SECTION 17, T. 18N., R. 3E., B.M., CITY OF MCCALL, VALLEY COUNTY, IDAHO,
MORE PARTICULARLY DESCRIBED AS FOLLOWS:
COMMENCING AT A BRASS CAP MARKING THE CORNER COMMON TO SECTIONS
16 AND 17, T. 18N., R. 3E., B.M., CITY OF MCCALL, VALLEY COUNTY, IDAHO, THE
REAL POINT OF BGINNING:
Ordinance No. 894 Page 3 of 6
February 9, 2012
THENCE, S. 00° 33' 24" W., 285.69 FEET ALONG THE LINE COMMON TO SAID
SECTIONS 16 AND 17 TO A V2" X 24" REBAR, THENCE, N. 89° 52' 18" W., 1,517.59 FEET
TO A Y2" X 24" REBAR,
THENCE, S. 63° 36' 33" W., 631.38 FEET TO A'A" X 24" REBAR,
THENCE, S. 69° 00' 40" W., 349.18 FEET TO A %2" X 24" REBAR,
THENCE, CONTINUING S. 69° 00" 40" W., 37.00 FEET TO THE HIGH WATER MARK OF
THE NORTH FORK OF THE PAYETTE RIVER, THENCE, NORTHEASTERLY ALONG
SAID HIGH WATER MARK:
N. 29° 29' 43" E., 93.73 FEET;
N. 34° 21' 24" E., 104.66 FEET;
N. 53° 45' 36" E., 76.43 FEET;
N. 44° 59' 18" E., 142 .34 FEET;
N. 49° 54' 47" E., 119.30 FEET;
N. 56° 17' 53" E., 75.15 FEET;
N. 29° 02' 39" E., 116.93 FEET;
N. 34° 52' 38" E., 167.64 FEET;
N. 42° 00' 28" E., 44.79 FEET TO THE NORTH BOUNDARY OF SAID GOVERNMENT
LOT 6,
THENCE, S. 89° 52' 18" E., 42.78- FEET ALONG SAID NORTH BOUNDARY TO A 5/8"
REBAR,
THENCE, CONTINUING S. 89° 52' 18" E., 1799.85 FEET TO THE POINT OF BEGINNING,
CONTAINING 15.838 ACRES, MORE OR LESS.
PAYETTE RIVER PARCEL
The portion of the Payette River from where the Payette River crosses the Section line shared by
Section 17 and 20 of Township 18N Range 3E then North to the existing City limits which lays
320 Ft south of the Deinhard Lane Bridge.
Ordinance No. 894 Page 4 of 6
February 9, 2012
EXHIBIT B
MAP
ANNEXATION - ZONING
BEFORE
Ordinance No. 894
February 9, 2012
Page 5 of 6
EXHIBIT B
MAP
ANNEXATION - ZONING
AFTER
Ordinance No. 894
February 9, 2012
Page 6 of 6
STATE OF IDAHO
COUNTY OF VALLEY
On this 1 } day of February, 2012, before me, Lauri C 12)ncjej t t , a
notary public, personally appeared Donald C. Bailey, known or identified to me to be the Mayor of
the City of McCall, and acknowledged that he/she executed the same on behalf of such said City of
McCall.
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•............
STATE OF IDAHO
COUNTY OF VALLEY
Not ublic Signature
My Commission Expires: J'
On this 11- day of February, 2012, before me, Lauf') ( dig"(_(t } �f , a
notary public, personally appeared BessieJo Wagner, known or identified to me to be the City Clerk
of the City of McCall, and acknowledged that he/she executed the same on behalf of such said City
of McCall.
NotPublic Signature
My Commission Expires: -1
A SUMMARY OF ORDINANCE NO.894
PASSED BY THE CITY OF McCALL, IDAHO
AN ORDINANCE OF THE CITY OF MCCALL, VALLEY COUNTY, IDAHO,
ANNEXING CERTAIN REAL PROPERTY LOCATED IN THE IMPACT AREA OF
VALLEY COUNTY, IDAHO, ESTABLISHING THE ZONING CLASSIFICATION UPON
ANNEXATION OF PROPERTIES AS R8 MEDIUM DENSITY RESIDENTIAL;
PROVIDING FOR RELATED MATTERS; AND PROVIDING AN EFFECTIVE DATE.
This ordinance provides that on March 16, 2006, the McCall City Council created an R8 zone
intended to permit the development of medium density neighborhoods consisting with maximum
density of eight (8) units per acre. This ordinance establishes that approximately 14 acres of the
Payette River, 1.7 acres owned by the City of McCall, and 5.3 acres of undeveloped residentially
zoned property be R8, are annexed and incorporated within the City of McCall, and said real
properties are described as follows:
RIVER/DEINHARD PROPERTIES
PARCEL # RP18NO3E177803
Inst# 268550
A PARCEL OF LAND FOR RIGHT-OF-WAY PURPOSES FOR DEINHARD LANE,
PROJECT NO. STP-3270(101), SITUATED IN THE N 1 /2 OF THE SE 1 /4 OF SECTION 17,
T.18N., R.3E., B.M., VALLEY COUNTY, IDAHO, BEING A PORTION OF THAT CERTAIN
15.838 ACRE PARCEL OF LAND AS SHOWN ON RECORDED OF SURVEY RECORDED
IN BOOK 6, PAGE 549. VALLEY COUNTY RECORDS, MORE PARTICULARLY
DESCRIBED AS FOLLOWS: COMMENCING AT THE 1/4 CORNER COMMON TO SAID
SECTION 17 AND 16, FROM WHICH CORNER THE WEST 1/4 CORNER OF SECTION 17
BEARS N. 89 ° 52' 02"W., 1633.469 METERS, (5359.14 FEET); THENCE, ALONG THE
EAST -WEST MID -SECTION LINE OF SAID SECTION,
A) N. 89°52'02"W., 330.483 METERS, (1084.26 FEET) TO THE POINT OF BEGINNING;
THENCE,
1) S. 57°36'22"W., 40.603 METERS, (133.21 FEET) TO THE BEGINNING OF A TANGENT
CURVE; THENCE,
2) SOUTHWESTERLY ALONG SAID CURVE TO THE RIGHT HAVING A RADIUS OF
180.480 METERS, (592.12 FEET), AN ARC LENGTH OF 154.699 METERS, (507.54 FEET),
THROUGH A CENTRAL ANGLE OF 49°06'40", AND A CHORD BEARING AND
DISTANCE OF S.82°09'42"W., 150.006 METERS, (492.14 FEET); THENCE, TANGENT
FROM SAID CURVE,
3) N. 73°16' 58"W., 69.185 METERS, (226.98 FEET) TO THE EAST BANK OF THE NORTH
FORK OF THE PAYETTE RIVER; THENCE, ALONG SAID EAST BANK,
4) N. 34°52'38"E., 15.413 METERS, (50.57 FEET); THENCE,
Page 1 of 3
Ord. 894 Summary
February 9, 2012
5) N. 42°00'28"E., 13.729 METERS, (45.04 FEET) TO A POINT ON THE ABOVE -
DESCRIBED MID -SECTION LINE; THENCE, ALONG SAID LINE,
6) S. 89°52'02"E., 231.150 METERS, (758.36 FEET) TO THE POINT OF BEGINNING.
CONTAINING 2.17 ACRES, (0.879 HA).
SUBJECT TO ALL COVENANTS, RIGHTS, RIGHT-OF-WAY, AND EASEMENTS OF
RECORD.
PARCEL # RP18NO3E177855
INST# 245010
A PARCEL OF LAND SITUATE IN THE' NE 1/4 OF' THE SE 1/4, AND GOVERNMENT LOT
6, OF SECTION 17, T. 18N., R. 3E., B.M., CITY OF MCCALL, VALLEY COUNTY, IDAHO,
MORE PARTICULARLY DESCRIBED AS FOLLOWS:
COMMENCING AT A BRASS CAP MARKING THE CORNER COMMON TO SECTIONS
16 AND 17, T. 18N., R. 3E., B.M., CITY OF MCCALL, VALLEY COUNTY, IDAHO, THE
REAL POINT OF BGINNING:
THENCE, S. 00° 33' 24" W., 285.69 FEET ALONG THE LINE COMMON TO SAID
SECTIONS 16 AND 17 TO A'/2" X 24" REBAR, THENCE, N. 89° 52' 18" W., 1,517.59 FEET
TO A Y2" X 24" REBAR,
THENCE, S. 63° 36' 33" W., 631.38 FEET TO A %2" X 24" REBAR,
THENCE, S. 69° 00' 40" W., 349.18 FEET TO A ''/2" X 24" REBAR,
THENCE, CONTINUING S. 69° 00" 40" W., 37.00 FEET TO THE HIGH WATER MARK OF
THE NORTH FORK OF THE PAYETTE RIVER, THENCE, NORTHEASTERLY ALONG
SAID HIGH WATER MARK:
N. 29° 29' 43" E., 93.73 FEET;
N. 34° 21' 24" E., 104.66 FEET;
N. 53° 45' 36" E., 76.43 FEET;
N. 44° 59' 18" E., 142 .34 FEET;
N. 49° 54' 47" E., 119.30 FEET;
N. 56° 17' 53" E., 75.15 FEET;
N. 29° 02' 39" E., 116.93 FEET;
N. 34° 52' 38" E., 167.64 FEET;
N. 42° 00' 28" E., 44.79 FEET TO THE NORTH BOUNDARY OF SAID GOVERNMENT
LOT 6,
THENCE, S. 89° 52' 18" E., 42.78- FEET ALONG SAID NORTH BOUNDARY TO A 5/8"
REBAR,
THENCE, CONTINUING S. 89° 52' 18" E., 1799.85 FEET TO THE POINT OF BEGINNING,
CONTAINING 15.838 ACRES, MORE OR LESS.
Page 2 of 3
Ord. 894 Summary
February 9, 2012
The Ordinance shall be effective upon its passage, approval and publication as required by law.
The full text and map of the Ordinance is available for review at City Hall and will be provided
by the City Clerk to any citizen upon personal request, or can be viewed on the City website at
www.mccall.id.us.
APPROVED BY THE COUNCIL OF THE CITY OF McCALL, IDAHO, THIS 9 DAY OF
FEBRUARY, 2012.
ATTEST:
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By :.�UI,U�'U-�v
BessieJo Wa ner, City C erk
Ord. 894 Summary
February 9, 2012
Approved:
nald C. Bailey, Mayor
Page 3 of 3
ORDINANCE SUMMARY CERTIFICATION
Ordinance No. 894
Certification of City Legal Advisor
of the Summary prepared
for the above -numbered Ordinance
The undersigned City of McCall Legal Advisor, having reviewed the above -
numbered Ordinance and the Summary for the above -numbered Ordinance, believes the
Summary of the above -numbered Ordinance is true and complete and that it provides
adequate notice to the public of the identity and principal provisions of the Ordinance.
Dated this 9-tday of February, 2012.
illiam F. Nichols
City of McCall
Certificate of Recording Officer
STATE OF IDAHO }
}
County of Valley }
I, the undersigned, the duly appointed, qualified, City Clerk of the City of McCall, Idaho, do
hereby certify the following:
1. That pursuant to the provisions of Section 50-207, Idaho Code, I keep a correct
journal of the proceedings of the Council of the City of McCall, Idaho, and that I am
statutory custodian of all laws, ordinances and resolutions of said City.
2. That the attached Ordinance No. 894 is a true and correct copy of an ordinance passed
at a regular meeting of the Council of the City of McCall held on February 9, 2012
and duly recorded in my office; and
3. That said regular meeting was duly convened and held in all respects in accordance
with law and to the extent required by law, due and proper notice of such meeting and
that a legally sufficient number of members of the Council voted in the proper
manner and for the passage of said ordinance; and that all other requirements and
proceedings incident to the proper adoption and passage of said ordinance have been
duly fulfilled, carried out and observed; and that I am authorized to execute this
certificate.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed the official seal of the City
of McCall, Idaho this 17 day of February 2012.
essieJo Wa:` er, City Cle
inn r—