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HomeMy Public PortalAboutOrd. 663 - Segregation of Assessments for LID #3ORDINANCE NO. 663 AN ORDINANCE OF THE CITY OF MCCALL, VALLEY COUNTY, IDAHO, RELATING TO THE SEGREGATION OF ASSESSMENTS FOR LOCAL IMPROVEMENT DISTRICT NO. 3;-MAKING FINDINGS; DESCRIBING THE ORIGINAL BOUNDARIES OF ASSESSMENT PARCEL A AS SHOWN ON THE CONFIRMED ASSESSMENT ROLL FOR LOCAL IMPROVEMENT DISTRICT NO. 3; DESCRIBING THE BOUNDARIES OF THE REVISED ASSESSMENT PARCEL A AND THE REVISED ASSESSMENT; DIRECTING THAT A CERTIFIED COPY OF THIS ORDINANCE BE FILED WITH THE RECORDER OF VALLEY COUNTY, IDAHO; PROVIDING AN EFFECTIVE DATE; AND PROVIDING FOR OTHER MATTERS RELATED THERETO WHEREAS, by adoption of Ordinance No. 630 on May 13, 1993, as amended by Ordinance No. 642, adopted on July 28, 1993, the Mayor and Council of the City of McCall, Valley County, Idaho (the "City"), duly created Local Improvement District No. 3 ("L.I.D. No. 3") of the City; and WHEREAS, by adoption of Ordinance No. 636 on July 8, 1993, as amended by Ordinance No. 643, adopted on July 28, 1993, the Mayor and Council, pursuant to notice and hearing as required by law, duly confirmed an assessment roll and thereafter issued and sold special assessment bonds for L.I.D. No. 3; and WHEREAS, Section 50-1721A, Idaho. Code, provides that whenever any land against which there has been levied any special assessment by any municipality shall have been sold in part or subdivided, the council of the municipality shall have the power to order a segregation of the assessment; and WHEREAS, the owner of a portion of. the property included on the assessment roll for L.I.D. No. 3 proposes to convey a three - acre parcel of such property to the City for a water storage tank site and has applied to the City to remove the assessment for L.I.D. No. 3 from such property and to segregate the assessment therefor to other property included in the assessment roll for L.I.D. No. 3; and WHEREAS, the City Council (the "Council") of the City has determined that it is in the best interests of the City to grant such application and to segregate the assessment thereon in accordance with Section 50-1721A, Idaho Code, and the interests of the bondholders of the special assessment bonds for L.I.D. No. 3 will not be adversely affected thereby. NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE CITY OF MCCALL, Valley County, Idaho as follows: ,Page 1 Section 1: The Council hereby finds and determines: A. Local Improvement District No. 3 ("L.I.D. No. 3") was duly created, and the assessment roll therefor was duly confirmed. B. A parcel of land subject to assessment in L.I.D. No. 3 is to be conveyed by the owner thereof to the City for public use as a water storage site, and the owner thereof has applied to the City, pursuant to Section 50-1721A, Idaho Code, for a segregation of the assessment for L.I.D. No. 3 from said parcel on the assessment roll. C. It is in the best interests of the City and of the property subject to assessment within L.I.D. No. 3 that the application for segregation of the assessment be granted. D. The rights and interests of the bondholders of the special assessment bonds issued for L.I.D. No. 3 will not be adversely affected by the segregation of said assessment. Section 2: The original Assessment Parcel "A" for L.I.D. No. 3, the assessment for which was confirmed by Ordinance No. 636 in the amount of $501,500 on July 8, 1993, is annexed hereto as Attachment "A." Section 3: Assessment Parcel "A" of the confirmed Assessment Roll for L.I.D. No. 3 is hereby amended to except therefrom all of the three -acre parcel particularly described in Attachment "B" which is annexed hereto and by reference made a part of this ordinance, it being the intent of the Council that no part of the 3-acre parcel described as "McCall Water Treatment Plant Site" shall be subject to assessment for L.I.D. No. 3. Section 4: The boundaries of Assessment Parcel "B" through "M," inclusive, for L.I.D. No. 3, shall be and remain as set forth. in the original confirmed Assessment Roll for L.I.D. No. 3. Section 5: The revised assessments for L.I.D. No. 3 chargeable to each Assessment Parcel shall be as set forth in Attachment "C" which is annexed hereto and by reference made a part hereof. Section 6: A certified copy of this ordinance shall be filed with the Valley County Recorder in accordance with Section 50- 1721A, Idaho Code. Section 7: This ordinance, or a summary thereof in compliance with Section 50-901A, Idaho Code, shall be published once in the official newspaper of the City and shall take effect and be in force from and after its passage, approval, and publication. Page 2 DATED this 30th day of June, 1994. CITY OF MCCALL Valley County, Idaho Mayor ATTEST: (SEAL) Page 3 , JUL-01-1994 07:28 FROM TOOTHMAN ORTON ENG. TO 120863430382016 P.02 DATE: November 24, ;1993 (Revised: April 11, 1994) (Revised: June 30, 1994) PROJECT: 92016 PAGE: 1 of 2 DESCRIPTION OF McCALL WATER TREATMENT PLANT SITE A parcel of land located in the SE 1/4 SW 1/4 NE 1/4 and the SW 1/4 SE 1/4 NE 1/4 of Section 10, T.18N., R.3E., B.M., Valley County, Idaho, more particularly described as follows: BEGINNING at a point on the westerly sideline of Unnamed Future Street Na. 4, said point being located N.81°37'29" W , 1122.04 feet from the east 1/4 corner of said Section 10; thence, 1) S.70°40'12" W., 438.96 feet to a point on the easterly sideline of Bitterroot Drive, being future street No. 7; thence, along the easterly sideline of said Bitterroot Drive the following courses: 2) northwesterly along a curve to the left having a radius of 210.00 feet, an arc length of 86.32 feet, a central angle of 23 °33'04" , a chord bearing of N.03 ° 22'24"W.. and a chord length of 85.71 feet to a point of tangency; thence. 3) N.15°08'56" W., 222.78 feet to a point; thence leaving the sideline of said BitteLiwt Drivc and continuing, 4) N.70°40'12" E., 313.99 feet to a point; thence, 5) N. = : °51'24" B., 131.34 feet to a point on the southwesterly sideline of Y7rmamccl Fui.un:, Strmt. No. 5 cul-de-sac; thence, 6) southeasterly 69.47 feet along the southerly sideline of said Unnamed Future Street No. 5 cul-de-sac, a curve to the left wing a radius of 50.00 feet, an arc length of 69.47 feet, a central angle of 79°36'15", a chord bearing of N.SS"21'48"E., and a chord length of 64.01 Fret to a point of reverse curva- ture; thence, 7) northeasterly along a carve to the right having a radius of 21.68 feet, an arc length of 54.66 feet, a central angle of 144°26'41", a chord bearing of S.62°09159"E., and a chord length of 41.29 feet to a point of tangency on the fly sideline of said Unnamed Future Street No. 4; thence along the westerly sideline of said Unnamed Future Street No. 4 the fallowing courses: JUL-01-1994 07:29 FROM TOOTHMRN ORTON ENG. TO 1208634,50382015 P.03 DALE: November 24, 1993 (Revised: April 11, 1994) (Revised: hive 10, 1994) PROJECT: 92016 PAGE: 1 of 2 8) S.10°03'22" W., 179.43 feet to a port of curvature; thence, 9) svuthwestrrly ;dung curvu LQ tip rigttl baviug d radius Uf 1,080.00 fit, an arc length of 80.60 feet, a central angle of 4°16'34", a chord bearing of S.12 ° 11' 39" W. , and a chord length of 80.58 feet to the POrN"T OF BEGIN- NING. Said parcel containing 3.38 acres, too= or loss.