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HomeMy Public PortalAboutOrd. 642 - LID #3 Correcting Legal Descriptionr • • ORDINANCE NO. 642 AN ORDINANCE OF THE CITY OF MCCALL, IDAHO, AMENDING ORDINANCE NO. 630, ADOPTED ON MAY 13, 1993, TO CORRECT THE LEGAL DESCRIPTION OF THE BOUNDARIES OF LOCAL IMPROVEMENT DISTRICT NO. 3; AND PROVIDING EFFECTIVE DATE WHEREAS, the Mayor and Council of the City of McCall, Valley County, Idaho (the "City"), heretofore, pursuant to notice and hearing as required by law, created Local Improvement District No. 3 ("L.I.D. No. 3") for the acquisition of certain public improvements by the adoption, on May 13, 1993, of Ordinance No. 630; and WHEREAS, through inadvertence, the description of the boundaries of L.I.D. No. 3 which was included as Exhibit "A" to Ordinance No. 630 did not accurately reflect the boundaries of L.I.D. No. 3, and the Mayor and Council now desire to correct the boundary description to conform said description to the actual boundaries of L.I.D. No. 3 as reflected in the notices and assessment roll; and WHEREAS, this ordinance is in the nature of a technical correction, and no notice or hearing is required prior to the enactment of this ordinance. NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE CITY OF MCCALL, IDAHO, as follows: Section 1: The description of the boundaries of Local Improvement District No. 3 which is annexed hereto as Exhibit "A" is hereby substituted for the Exhibit "A" which is annexed to Ordinance No. 630, adopted by the Mayor and Council of the City on May 13, 1993, and incorporated therein by reference by Section 2 of said Ordinance No. 630. Section 2: The intent of this ordinance is to make a technical correction in Ordinance No. 630 to conform the boundary description contained therein to the notices and assessment roll as actually approved by the Mayor and Council with respect to L.I.D. No. 3. Ordinance No. 630 is hereby ratified and confirmed in all other respects. Page 1 " " l" Section 3: This ordinance shall take effect from and after its approval and publication and shall relate back to the date of adoption of Ordinance No. 630. DATED this 28th day of July, 1993. ATTEST: Page 2 CITY OF MCCALL Valley County, Idaho JUL-20-1993 09:54 FROM TOOTHMAN ORTON ENG. TO 3439492 P.02 • DATE: May 6, 1993 PROTECT: 90033 PAGE: 1 of 2 DE,SCRIPiION OF THE SPRING MOUNTAIN RANCH PARS A parcel of land, being all of the NE %, the N 'h SE 14, the N 1/2. SW 1h, and the S t,/a NW � of Section 10, T18N, R3E, Boise Meridian, Valley County. Idaho, except a 6.841 acre parcel in the NE V4 NW y4 previously conveyed to the City of McCall. Said Spring Mountain Ranch parcel, hcing more particularly described as follows: BEGINNING at the northeast corner of said Section 10 marked on the ground by Vs inch iron pin; thence S.0°05'11"W., 2,642.40 feet along the easterly line of said Section 10 to the east 34 corner of said Section 10, marked on the ground by a eh inch iron pin; thence S.U"05'50`1?V., 1,320.90 fcct. along said cauterly lino of Section 10 to the south 1/16 corner in said easterly Iine of Section 10, marked on the ground by a % inch iron pin; thence N.89°46'59"W , 2,636.29 Ent along the cast west centerline of the SW % of Section 10 to the center south 1/16 corner of same, marked on the ground by a % inch iron pin; thence N.89646'25"W., 2,638.62 feet along the east west centerline of the SW 1& of said Section 10 to the south 1/16 czmer in the westerly line of said Section 10, marked on the ground by a set stone; thence N.0"07'44"E., 1,319.91 feet along the westerly line of said Section 10 to the west 34 corner of same, marked on the ground by a brass cap monument; thence S.89°47'23"E., 1,319.66 feet along the east -west centerline of said Section 10 to the center -west 1/16 corner of same, marked on the ground by a % inch iron pin; thence N.0°09'08"E., 1,318.40 feet along the north -south centerline of the NW 14 of said Section 10 to the northwest 1/16 corner of same, marked on the ground by a % inch iron pin; thence N.0°U9'08"E., 35.00 feet alc.mg said north -south centerline of the NW 1 of Section 10 to the point of beginning of a 6.841 acre parcel of laced previously convoyed to the City of McCall; thence S.89°45'52°E., 167.73 feet along the southerly line of said 6.841 acre parcel, being a UDC lratallcl with and 35.00 feet north of the southaxty line of the NE 14 NW 1 of said Section 10; Rs94% EXHIBIT "A" 208 342 5514 07-20-93 10:51AM P002 #30 J11-20-1993 09:54 FROM TOOTHMRN ORTON ENG. TO 3439492 P.03 • DATE: May 6, 1993 PROJECT: 90033 PAGE: 2 of 2 thence N.0°09'08"E., 65.00 feet along the easterly line of said 6.841 acre parcel; thence N.24°36'32"E., 732.68 feet along samc; thence N.36°18'00"W., 229.00 feet along same to the northeasterly curses of said 6.841 acre parcel; thence N.0°00'00"W., 335.00 fleet along the northerly line of said 6.841 acre parcel to the northwesterly comer of same in the easterly line of said NE 14 NW 1/4 Section 10; thou= N.0°09'03"E., 368.40 Meet along the easterly line of said NE Vi TAW 1/4 to the west 1/16. corner in the northerly line of said Section 10; thence S.89"4471 "E., 1,320.01 fcct dui% tiro northerly lino of said Station 10 to thc north 14 corner of same, marked on the ground by a brass cap momment; thence S.89°56' 13 "E., 2,631.46 feet along the northerly line of said Section 10 to the 1301NT OF BEGINNING, containing 392.461 acres more or less. r R-94% 208 342 5514 07-20-93 10:51AM P003 #30 STATE OF IDAHO ) COUNTY OF VALLEY) CERTIFICATE OF RECORDING OFFICER ss I, the undersigned, the duly appointed, qualified, City Clerk of McCall City, 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 McCall City, Idaho, and that I am the statutory custodian of all laws, ordinances and resolutions of said City. 7 !!// 2. That the attached Ordinance No. � .. is a true and correct copy of an ordinance passed at a regular meeting of the Council of McCall City held on Z , 143, 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 having been given; that a legal quorum was present throughout the meeting and that a legally sufficient number of members of the Council of McCall City 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 � j � day of 19 9". (Seal o t e City) Arthur J chmidt, City erk STATE OF IDAHO Publisher's Affidavit of Publication STATE OF IDAHO .SS County of Valley I, Ramona A. George, being duly sworn and say, I am the receptionist of The Central Idaho Star -News, a weekly newspaper published at McCall, in the County of Valley, State of Idaho; that said newspaper is in general circulation in the county of aforesaid and is a legal newspaper; that the NOTICE OF ORDINACE NO.642, a copy of which is enclosed hereto and is a part hereof, was published in said newspaper once a week for one consecu- tive week in the regular and entire issue of every number there of during the period of time of publication, and was published in the newspaper proper and not in a supplement; and that publication of such notice began August 5, 1993 Mandended August 5, 1993. I Subscribed and sworn before a is the4 th day of August, 1993. L COUNTY OF VALLEY On this 12th day of August, in the year of 1993, before me, a Notary Public, personally appeared Ramona A. George, known or identified to me to be the person whose name subscribed to the within instrument, and being by me first duly sworn, declared that the statements therein are true, and acknowl- edged to me that she executed the same. Tom Grote Notary Public for Idaho Residing at McCall, Idaho Commission Expires: 1999 • ORDINANCE NO.642 AN ORDINANCE OF THE CITY OF MCCALL, IDAHO, AMENDING ORDI- NANCE NO. 630, ADOPTED ON MAY 13, 1993, TO CORRECTTIJE LEGAL DESCRIP- TIONOF THE BOUNDARIES OF LOCAL IMPROVEMENT DISTRICT NO. 3; AND PROVIDING EFFECTIVE DATE WHEREAS, the Mayor and Council of the City of McCall, Valley County, Idaho (the "City"), heretofore, pursuant tonotice and hear- ing as required by law, created Local Improvement District No. 3 ("LLD. No. 3") for the acquisition of certain public improve- ments by the adoption, on May 13, 1993, of Ordinance No. 630; and WHEREAS, through inadvertence, the description of the boundaries of L.I.D. No. 3 which was included as Exhibit "A" to Ordi- nance No. 630 did not accurately reflect the boundaries of L.I.D. No. 3, and the Mayor and Council now desire to correct the boundary description to conform said description to the actualboundaries of L.I.D. No.3 as reflected in the notices and assessment roll; and WIIEREAS, this ordinance is in the nature of a technical correction, and no notice or hearing is required prior to the enactment of this ordinance. NOW, THEREFORE, BE IT ORDAINED BY TI IE MAYOR AND COUNCIL OF THE CITY OF MCCALL., IDAHO, as follows: Section 1: The description of the bound- aries of Local Improvement District No. 3 which is annexed hereto as Exhibit "A" is hereby substituted for the Exhibit "A" which is annexed to Ordinance No. 630, adopted by the Mayor and Council of the City on May 13, 1993, and incorporated therein by reference by Section 2 of said Ordinance No. 630. Section 2: The intent of this ordinance is to make a technical correction in Ordinance No. 630 to conform the boundary description contained therein to the notices and assessment roll as actually approved by the Mayor and Council with respect to L.I.D. No. 3. Ordi- nance No. 630 is hereby ratified and confined in all other respects. Section 3: This ordinance shall take effect from and after its approval and publication and shall relate back to the date ofadoption of Ordinance No. 630. DATED this 22nd day of July, 1993. CITY OF MCCALL Valley County, Idaho By Laurence A. Smith, Mayor ATTEST: Arthur J. Schmidt, City Clerk lt8/5