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HomeMy Public PortalAboutOrd. 910 - Correcting Ord No 905 Parcels West of Ski Ranch AnnexationInstrument # 375541 VALLEY COUNTY, CASCADE, IDAHO 2-13-2013 10:65:11 No. of Pages: 4 Recorded for : CITY OF MCCALL ARCHIE N. BANBUR Deputy Fee: 400 Ex-0fficio Recorder Indox to: ORDINANCES ORDINANCE NUMBER 910 AN ORDINANCE OF THE CITY OF McCALL, VALLEY COUNTY, IDAHO, CORRECTING ORDINANCE NO. 905, WHICH ANNEXED CERTAIN REAL PROPERTY LOCATED IN THE IMPACT AREA OF THE CITY OF McCALL, IDAHO, AND WHICH LIES CONTIGUOUS OR ADJACENT TO THE CITY LIMITS THEREOF, ESTABLISHING THE ZONING CLASSIFICATION UPON ANNEXATION OF PROPERTIES AS RURAL RESIDENTIAL (RR) OR LOW DENSITY RESIDENTIAL (R4); AND DECLARING THAT SAID LAND, BY PROPER LEGAL DESCRIPTION AS DESCRIBED BELOW, BE A PART OF THE CITY OF McCALL, COUNTY OF VALLEY, STATE OF IDAHO; REPEALING ALL ORDINANCES, RESOLUTIONS, ORDERS OR PARTS THEREOF IN CONFLICT HEREWITH; AND DIRECTING THE CITY ENGINEER TO ADD SAID PROPERTY TO THE OFFICIAL MAPS OF THE CITY OF McCALL, IDAHO; AND DIRECTING THE CLERK OF THE CITY OF McCALL TO FILE A CERTIFIED COPY OF THE CORRECTED ORDINANCE AND MAP OF THE AREAS TO BE ANNEXED WITH VALLEY COUNTY RECORDER, AUDITOR, TREASURER AND ASSESSOR, AND THE STATE TAX COMMISSION OF THE STATE OF IDAHO, PURSUANT TO IDAHO CODE SECTION 50- 223 AND SECTION 63-2215; PROVIDING FOR RELATED MATTERS, TO CORRECT THE LEGAL DESCRIPTION SET FORTH IN ORDINANCE NO. 905 TO WHICH THE SAME WAS MADE SUBJECT, AND DIRECTING THE CITY ENGINEER TO ALTER THE USE AND AREA MAP ACCORDINGLY. NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND COUNCIL OF HE CITY OF McCALL, IDAHO: Section 1: That the legal description for the real property the subject of Ordinance No. 905 and as set forth in Exhibit A of Ordinance No. 905 is incorrect and needs to be corrected. Section 2: That the correct legal description for the annexed real property located in the Unincorporated Area of the City of McCall, Idaho, and which lies contiguous or adjacent to the city limits thereof and all thereof is attached hereto as Exhibit Al and is, by this reference, incorporated herein as if set forth in full. Section 3: That the zone designation of Rural Residential (RR) or Low Density Residential (R4) shall apply to the corrected legal description of the property so annexed as described on Exhibit Al. Section 4: That the City Engineer is hereby directed to alter the Use and Area Map in accordance with this Ordinance. Ord. 910 Correcting Ord No 905 Annexation Page 1 of 4 January 24, 2013 PASSED AND APPROVED BY THE MAYOR AND COUNCIL OF THE CITY OF McCALL, IDAHO, THIS 24 DAY OF JANUARY, 2013. Attest: 001111111111114 .4 kcCALL `��. 0 .•. •., O 7 � SEAL •= EA :o = Si U• -• . m. p ` ',' .zti .�'Q e ~�� � .........`Q` ``, .',„e<41 L L , Iv, .. iiriiiniitoo By BessieJo Wa;, er, City erk Approved: D • ald C. ailey, ayo Ord. 910 Correcting Ord No 905 Annexation Page 2 of 4 January 24, 2013 EXHIBIT Al DROULARD LAND SURVEYING, INC. JOEL W. DROULARD, PRES. Professional Land Surveyor POST OFFICE BOX 69 McCALL, IDAHO 83638 TELEPHONE 208-634-7398 E-MAIL JOEL@DROULARD.COM December 19, 2012 CITY OF McCALL ANNEXATION PARCELS SECTION 7 ,T.18 N., R.3 E., SECTION 12, T. 18 N., R. 2 E. Parcels of land situate in the northeast 1/4 of Section 12, Township 18 North, Range 2 East; and Government Lot 1 and the northeast 1/4 of the northwest 1/4 of Section 7, Township 18 North, Range 3 East, Boise Meridian, Valley County, Idaho, more particularly described as follows: Commencing at a brass cap marking the corner common to Sections 1 and 12, Township 18 North, Range 2 East, and Sections 6 and 7, Township 18 North, Range 3 East, Boise Meridian, Valley County, Idaho, the REAL POINT OF BEGINNING: Thence, S. 89° 22' 48" E., a distance of 2,553.99 feet along the north boundary of said Section 7, Thence, S. 24° 20' 42" W., a distance of 49.64 feet along the west boundary of Paul Bunyan Road, Thence, S. 61` 46' 42" W., a distance of 563.12 feet along the boundary of Whitetail P.U.D., Phase 1, as shown on the official plat thereof on file in the office of the Recorder of Valley County, Idaho, in Book 10, Page 16 of Plats, Thence, along a curve to the left an arc distance of 172.36 feet, whose chord bears S. 40° 46' 01" W., a distance of 168.52 feet, whose radius is 235.00 feet and delta angle is 42° 01' 21", along said P.U.D. boundary, Thence, S. 19° 45' 21" W., a distance of 431.91 feet along said P.U.D. boundary, Thence, along a curve to the left an arc distance of 144.60 feet, whose chord bears S. 02° 07' 42" W., a distance of 142.33 feet, whose radius is 235.00 feet and delta angle is 35° 15' 19", along said P.U.D. boundary, Thence, N. 89° 26' 55" W., a distance of 296.26 feet along said P.U.D. boundary, Thence, S. 00° 21' 27" W., a distance of 324.87 feet along said P.U.D. boundary, Thence, N. 89' 30' 44" W., a distance of 1,476.74 feet along said P.U.D. boundary, Thence, N. 00° 04' 14" W., a distance of 215.38 feet along said P.U.D. boundary, Thence, S. 89° 41' 04" W., a distance of 602.93 feet along said P.U.D. boundary, Thence, N. 00° 08' 24" W., a distance of 205.89 feet along said P.U.D. boundary, Thence, N. 14° 34' 58" E., a distance of 934.72 feet along said P.U.D. boundary to the north boundary of said Section 12, Thence, N. 89' 37' 36" E., a distance of 367.44 feet to the Point of Beginning, containing 69.887 acres, more or less. Also, commencing at a brass cap marking the comer common to Sections 1 and 12, Township 18 North, Range 2 East, and Sections 6 and 7, Township 18 North, Range 3 East, Boise Meridian, Valley County, Idaho; thence, S. 89° 22' 48" E., a distance of 2,149.85 feet along the north boundary of said Section 7; thence, S. 00° 20' 52" W., a distance of 336.44 feet to the REAL POINT OF BEGINNING: Ord. 910 Correcting Ord No 905 Annexation January 24, 2013 Page 3 of 4 EXHIBIT A 1 City of McCall Annexation Page 2 Thence, N. 61° 43' 47" E., a distance of 410.74 feet along the boundary of Whitetail P.U.D., Phase 1, as shown on the official plat thereof on file in the office of the Recorder of Valley County, Idaho, in Book 10, Page 16 of Plats, Thence, along a curve to the right an arc distance of 35.18 feet, whose chord bears S. 67° 48' 47" E., a distance of 30.82 feet, whose radius is 20.00 feet and delta angle is 100° 47' 51 ", along said P.U.D. boundary, Thence, S. 17° 24' 18" E., a distance of 88.06 feet along said P.U.D. boundary, Thence, along a curve to the right an arc distance of 23.69 feet, whose chord bears S. 03° 49' 47" E., a distance of 23.47 feet, whose radius is 50.00 feet and delta angle is 27° 08' 52", along said P.U.D. boundary, Thence, S. 09° 44' 42" W., a distance of 210.29 feet along said P.U.D. boundary, Thence, leaving said P.U.D. boundary along a curve to the right an arc distance of 36.91 feet, whose chord bears S. 31 ° 38' 42" W., a distance of 36.02 feet, whose radius is 48.28 feet and delta angle is 43° 48' 00", along the north west boundary of Stone Lane, Thence, S. 53° 32' 42" W., a distance of 276.19 feet along said Stone Lane boundary, Thence, leaving said Stone Lane boundary, N. 58° 57' 13" W., a distance of 134.21 feet, Thence, S. 51° 46' 42" W., a distance of 35.99 feet, Thence, N. 00° 20' 52" E., a distance of 279.62 feet along the boundary of said P.U.D., to the Point of Beginning, containing 3.299 acres, more or less. Bearings are based on State Plane Grid. Ord. 910 Correcting Ord No 905 Annexation January 24, 2013 Page 4 of 4 A SUMMARY OF ORDINANCE NUMBER 910 PASSED BY THE CITY OF McCALL, IDAHO AN ORDINANCE OF THE CITY OF McCALL, VALLEY COUNTY, IDAHO, CORRECTING ORDINANCE NO. 905, WHICH ANNEXED CERTAIN REAL PROPERTY LOCATED IN THE IMPACT AREA OF THE CITY OF McCALL, IDAHO, AND WHICH LIES CONTIGUOUS OR ADJACENT TO THE CITY LIMITS THEREOF, ESTABLISHING THE ZONING CLASSIFICATION UPON ANNEXATION OF PROPERTIES AS RURAL RESIDENTIAL (RR) OR LOW DENSITY RESIDENTIAL (R4); AND DECLARING THAT SAID LAND, BY PROPER LEGAL DESCRIPTION AS DESCRIBED BELOW, BE A PART OF THE CITY OF McCALL, COUNTY OF VALLEY, STATE OF IDAHO; REPEALING ALL ORDINANCES, RESOLUTIONS, ORDERS OR PARTS THEREOF IN CONFLICT HEREWITH; AND DIRECTING THE CITY ENGINEER TO ADD SAID PROPERTY TO THE OFFICIAL MAPS OF THE CITY OF McCALL, IDAHO; AND DIRECTING THE CLERK OF THE CITY OF McCALL TO FILE A CERTIFIED COPY OF THE CORRECTED ORDINANCE AND MAP OF THE AREAS TO BE ANNEXED WITH VALLEY COUNTY RECORDER, AUDITOR, TREASURER AND ASSESSOR, AND THE STATE TAX COMMISSION OF THE STATE OF IDAHO, PURSUANT TO IDAHO CODE SECTION 50-223 AND SECTION 63-2215; PROVIDING FOR RELATED MATTERS, TO CORRECT THE LEGAL DESCRIPTION SET FORTH IN ORDINANCE NO. 905 TO WHICH THE SAME WAS MADE SUBJECT, AND DIRECTING THE CITY ENGINEER TO ALTER THE USE AND AREA MAP ACCORDINGLY. This ordinance provides for the correction of the legal description for the annexed real property described in Ordinance No. 905, and which corrected legal description is attached to the corrected Ordinance No. 910 as Exhibit Al, and said real properties are described in the attached Exhibit A 1. 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 24 DAY OF JANUARY, 2013. SEAL .s.•411110 ATTEST: BY1� BessieJo Wage , City erk Donald C. Bailey, Mayor Ord. 910 Correcting Ord No 905 Annexation Summary January 24, 2013 Page 1 of 3 EXHIBIT Al DROULARD LAND SURVEYING, INC. JOEL W. DROULARD, PRES. Professional Land Surveyor POST OFFICE BOX 69 McCALL, IDAHO 83638 TELEPHONE 208-634-7398 E-MAIL JOEL@DROULARD.COM December 19, 2012 CITY OF McCALL ANNEXATION PARCELS SECTION 7 ,T. 18 N., R.3 E., SECTION 12, T. 18 N., R. 2 E. Parcels of land situate in the northeast 1/4 of Section 12, Township 18 North, Range 2 East; and Government Lot 1 and the northeast 1/4 of the northwest 1/4 of Section 7, Township 18 North, Range 3 East, Boise Meridian, Valley County, Idaho, more particularly described as follows: Commencing at a brass cap marking the corner common to Sections 1 and 12, Township 18 North, Range 2 East, and Sections 6 and 7, Township 18 North, Range 3 East, Boise Meridian, Valley County, Idaho, the REAL POINT OF BEGINNING: Thence, S. 89° 22' 48" E., a distance of 2,553.99 feet along the north boundary of said Section 7, Thence, S. 24° 20' 42" W., a distance of 49.64 feet along the west boundary of Paul Bunyan Road, Thence, S. 61° 46' 42" W., a distance of 563.12 feet along the boundary of Whitetail P.U.D., Phase 1, as shown on the official plat thereof on file in the office of the Recorder of Valley County, Idaho, in Book 10, Page 16 of Plats, Thence, along a curve to the left an arc distance of 172.36 feet, whose chord bears S. 40° 46' 01" W., a distance of 168.52 feet, whose radius is 235.00 feet and delta angle is 42° 01' 21", along said P.U.D. boundary, Thence, S. 19° 45' 21" W., a distance of 431.91 feet along said P.U.D. boundary, Thence, along a curve to the left an arc distance of 144.60 feet, whose chord bears S. 02° 07' 42" W., a distance of 142.33 feet, whose radius is 235.00 feet and delta angle is 35° 15' 19", along said P.U.D. boundary, Thence, N. 89° 26' 55" W., a distance of 296.26 feet along said P.U.D. boundary, Thence, S. 00° 21' 27" W., a distance of 324.87 feet along said P.U.D. boundary, Thence, N. 89° 30' 44" W., a distance of 1,476.74 feet along said P.U.D. boundary, Thence, N. 00° 04' 14" W., a distance of 215.38 feet along said P.U.D. boundary, Thence, S. 89° 41' 04" W., a distance of 602.93 feet along said P.U.D. boundary, Thence, N. 00° 08' 24" W., a distance of 205.89 feet along said P.U.D. boundary, Thence, N. 14° 34' 58" E., a distance of 934.72 feet along said P.U.D. boundary to the north boundary of said Section 12, Thence, N. 89° 37' 36" E., a distance of 367.44 feet to the Point of Beginning, containing 69.887 acres, more or less. Also, commencing at a brass cap marking the comer common to Sections 1 and 12, Township 18 North, Range 2 East, and Sections 6 and 7, Township 18 North, Range 3 East, Boise Meridian, Valley County, Idaho; thence, S. 89° 22' 48" E., a distance of 2,149.85 feet along the north boundary of said Section 7; thence, S. 00° 20' 52" W., a distance of 336.44 feet to the REAL POINT OF BEGINNING: Ord. 910 Correcting Ord No 905 Annexation Summary January 24, 2013 Page 2 of 3 EXHIBIT Al City of McCall Annexation Page 2 Thence, N. 61` 43' 47" E., a distance of 410.74 feet along the boundary of Whitetail P.U.D., Phase 1, as shown on the official plat thereof on file in the office of the Recorder of Valley County, Idaho, in Book 10, Page 16 of Plats, Thence, along a curve to the right an arc distance of 35.18 feet, whose chord bears S. 67° 48' 47" E., a distance of 30.82 feet, whose radius is 20.00 feet and delta angle is 100° 47' 51", along said P.U.D. boundary, Thence, S. 17° 24' 18" E., a distance of 88.06 feet along said P.U.D. boundary, Thence, along a curve to the right an arc distance of 23.69 feet, whose chord bears S. 03° 49' 47" E., a distance of 23.47 feet, whose radius is 50.00 feet and delta angle is 27° 08' 52", along said P.U.D. boundary, Thence, S. 09° 44' 42" W., a distance of 210.29 feet along said P.U.D. boundary, Thence, leaving said P.U.D. boundary along a curve to the right an arc distance of 36.91 feet, whose chord bears S. 31 ° 38' 42" W., a distance of 36.02 feet, whose radius is 48.28 feet and delta angle is 43° 48' 00", along the north west boundary of Stone Lane, Thence, S. 53° 32' 42" W., a distance of 276.19 feet along said Stone Lane boundary, Thence, leaving said Stone Lane boundary, N. 58° 57' 13" W., a distance of 134.21 feet, Thence, S. 51° 46' 42" W., a distance of 35.99 feet, Thence, N. 00° 20' 52" E., a distance of 279.62 feet along the boundary of said P.U.D., to the Point of Beginning, containing 3.299 acres, more or less. Bearings are based on State Plane Grid. Ord. 910 Correcting Ord No 905 Annexation Summary January 24, 2013 Page 3 of 3 CORRECTED ORDINANCE SUMMARY CERTIFICATION Ordinance No. 910 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 Corrected Ordinance No. 762, believes the Summary of the above -numbered Corrected 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 24 day of January, 2013. William F. Nic of W:\Work\M\McCall, City of 21684\2012 Ordinances\Corrected Ordinances re Legal Descriptions 2013\Attorney Summary Certification Correcting Ord No 762 01.10.2013.doc 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. 910 is a true and correct copy of an ordinance passed at a regular meeting of the Council of the City of McCall held on January 24, 2013 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 24 day of January 2013. =* BessieJo Wagner, City Clerk