HomeMy Public PortalAboutOrd. 759 - Annexing Certain Real PropertyInstrument # 268230
VALLEY COUNTY, CASCADE, IDAHO
2001-11-01 10:00:18 No. of Pages: 6
Recorded for : CITY MCCALL Fee:
LELAND G. HEINRICHH
GxRecorder puty
ORDINANCE NO.753.ext-Offficio MISCELLANEOUSDR
AN ORDINANCE OF THE CITY OF McCALL, IDAHO, ANNEXING CERTAIN
REAL PROPERTY IN VALLEY COUNTY, IDAHO; ESTABLISHING
APPROPRIATE ZONING DESIGNATIONS FOR THE ANNEXED LANDS;
PROVIDING FOR RELATED MATTERS; AND PROVIDING AN EFFECTIVE
DATE.
BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE CITY OF
McCALL, IDAHO, AS FOLLOWS:
Section 1: The Mayor and Council hereby find and declare that the property
described in Exhibit A of this Ordinance is land contiguous to the City of McCall, is
partially located within the area of city impact of the City of McCall, has been submitted
for annexation by the owners thereof, and may be annexed pursuant to Section 50-222,
Idaho Code.
Section 2: The property particularly described in Exhibit A attached hereto is
hereby annexed into the City of McCall. From and after the effective date of this
Ordinance, the residents and other occupants and property owners within such areas shall
enjoy all the rights and responsibilities of their fellow residents, occupants, and owners
within the City of McCall.
Section 3: The McCall City Council, having made a request to the City of
McCall Planning and Zoning Commission for a recommendation of a zoning designation
upon annexation, pursuant MCC 3-34-050 and IC 67-6525, and the Commission having
after public hearing made a favorable recommendation, and the Council, having held a
public hearing as well, the real property contained within the description in Exhibit A
shall be rezoned from the previous R-10 Rural Residential-10 district to the R-5 Rural
Residential-5 district.
Section 4: In furtherance of this R-5 Rural Residential-5 zoning designation,
the owners of the property described in Exhibit A shall enter into a Development
Agreement with the City of McCall to ensure that the recommendations of the City of
McCall Planning and Zoning Commission and the McCall Area Comprehensive Plan are
satisfied.
Section 5: The zoning map of the City of McCall Planning Jurisdiction is
hereby amended to reflect the above -described changes, and the Community
Development Director is instructed to endorse the zoning map accordingly and with the
number and effective date of this Ordinance.
October 25, 2001
Ordinance No. 759
Page 1 of 2
Section 6: This Ordinance shall be in full force and effect from and after its
passage, approval and publication as required by law.
PASSED AND APPROVED this&{�, day of { a J , 2001.
CITY OF McCALL
`Allan Muller, Mayor
ATTEST:
Cathleen Koch, City Clerk
pc.4_ kttualL_
October 25, 2001
Ordinance No. 759
page 2 of 2
ORDINANCE NO.759
EXHIBIT A
A parcel of land situated in Sections 19, 20, 29, and 30, T.18N., R.3E., B.M.,
more particularly described as follows:
COMMENCING at the southeast corner of said Section 20; thence, along the
south line of said section 20,
N.89°59'40"W., 35.00 feet; thence, departing said section line,
N.00°32'47"W., 35.00 feet to a point on the northerly Right -of -Way line of
Moonridge Road, the POINT OF BEGINNING; thence, along said Right -
of -Way line,
N.89°59'40"W., 1699.48 feet to a point on a tangent curve; thence,
along said curve to the left having a radius of 335.00 feet, an arc length of
370.55 feet, through a central angle of 63°22'33", and a chord bearing and
distance of S.58°19'03"W., 351.94 feet; thence, tangent from said curve,
S.26°37'47"W., 1518.68 feet to a point on a tangent curve; thence,
along said curve to the right having a radius of 765.00 feet, an arc length
of 87.80 feet, through a central angle of 6°34'33", and a chord bearing and
distance of S.29°55'04"W., 87.75 feet; thence, tangent from said curve,
S.33°1220"W., 198.29 feet to a point on a tangent curve; thence,
along said curve to the left having a radius of 2535.00 feet, an arc length of
501.73 feet, through a central angle of 11°20'24", and a chord bearing and
distance of S.27°32'09"W., 500.92 feet; thence, tangent from said curve,
S.21°51'58"W., 327.21 feet to a point on a tangent curve; thence,
along said curve to the right having a radius of 765.00 feet, an arc length
of 427.76 feet, through a central angle of 32°02'15", and a chord bearing
and distance of S.37°53'04"W., 422.21 feet; thence, tangent from said
curve,
S.53°54'10"W., 623.18 feet to a point on a tangent curve; thence,
along said curve to the right having a radius of 965.00 feet, an arc length
of 328.27 feet, through a central angle of 19°29'27", and a chord bearing
and distance of S.63°38'54"W., 326.69 feet; thence, tangent from said
curve,
S.73°23'37"W., 685.87 feet to a point on a tangent curve; thence,
Ordinance No. 759
Exhibit A
page 1 of 4
along said curve to the right having a radius of 665.00 feet, an arc length
of 291.47 feet, through a central angle of 25°06'45", and a chord bearing
and distance of S.85°56'59"W., 289.14 feet; thence, tangent from said
curve,
N.81 °29'38"W., 121.76 feet to a point on the west line of said section 29;
thence, departing said Right -of -Way, along said section line,
N.00°16'47"E., 896.21 feet to the west 1/4 corner of said section 29;
thence,
N.00°00'50"E., 1322.83 feet to the north 1/16 corner of said section 29;
thence, departing said section line, along the north line of Government Lot
6 of said Section 30,
N.89°48'17"W., 431.20 feet to a point on the mean high water line of
Payette River; thence, departing said lot line, along said high water line,
N.07°54'17"W., 150.64 feet; thence,
N.11°26'47"W., 194.18 feet; thence,
N.16°02'41"W., 152.34 feet; thence,
N.66°12'42"W., 253.28 feet; thence,
N.82° 11'41 "W., 162.54 feet; thence,
N.71 ° 16'52"W., 247.46 feet; thence,
N.41°30'31"W., 141.00 feet; thence,
N.05°25'48"E., 149.64 feet; thence,
N.60°38'40"E., 98.11 feet; thence,
N.79°29'13"E., 118.12 feet; thence,
N.66°43'29"E., 288.33 feet; thence,
N.32°14'07"E., 184.72 feet; thence,
N.12°40'07"E., 41.24 feet to a point on the line between Sections 19 and
30, which bears N.89°45'14"W., 665.24 feet from the northeast corner of
said Section 30; thence, continuing along said high water line,
N.12°40'07"E., 151.37 feet; thence,
N.12°13'11"W., 296.85 feet; thence,
i
N.33°04'22"W., 212.59 feet; thence,
N.46°53'17"W., 485.08 feet; thence,
N.31 °46'47"W., 266.08 feet; thence,
N.07°09'19"W., 183.59 feet; thence,
Ordinance No. 759
Exhibit A
page 2 of 4
N.33°36'07"E., 178.29 feet; thence,
N.79°07'12"E., 575.93 feet; thence,
N.71 °46'45"E., 165.60 feet; thence,
N.47°00'20"E., 390.42 feet; thence,
N.56°32'04"E., 267.48 feet to a point on the line between said Sections 19
and 20, the northwest corner of Government Lot 6 of said Section 20;
thence, along said section line,
S.00°03'42"W., 757.91 feet to the southwest corner of said Government
Lot 6; thence, along the south line of said lot,
S.89°59'06"E., 1339.79 feet to the southeast corner of said government lot;
thence, along the east line of said lot,
N.00°18'16"E., 564.16 feet to the northeast corner of said lot 6, a point on
the mean high water line of Payette River; thence, along said high water
line,
S.68°24'20"E., 48.16 feet; thence,
N.71°39'31"E., 217.29 feet; thence,
N.38°12'38"E., 190.14 feet; thence,
N.04°54'18"W., 201.13 feet; thence,
N.27°37'55"W., 210.23 feet; thence,
N.37°39'42"W., 106.90 feet; thence,
S.50°24'10"W., 188.24 feet; thence,
N.82°51'08"W., 152.18 feet; thence,
N.40°23'46"W., 171.86 feet; thence,
N.03°53'13"E., 247.34 feet; thence,
N.28°49'04"E., 144.58 feet; thence,
N.79°57'49"E., 234.30 feet; thence,
S.79°13'53"E., 338.12 feet; thence,
N.84°33'15"E., 236.13 feet; thence,
N.49°33'08"E., 140.41 feet; thence,
N.38°26'24"E., 283.81 feet; thence,
N.00°44'20"W., 437.07 feet; thence,
N.71°55'48"W., 95.20 feet; thence,
N.29°17'20"W., 176.93 feet; thence,
Ordinance No. 759
Exhibit A
page 3 of 4
i
N.10°41'12"W., 389.37 feet; thence,
N.04°43'10"E., 276.23 feet; thence,
N.36°24'20"E., 189.75 feet; thence,
S.80°51'22"E., 153.08 feet; thence,
S.42°03'36"E., 224.66 feet; thence,
S.47°40'18"E., 255.56 feet; thence,
S.83°19'39"E., 241.11 feet; thence,
S.87°40'30"E., 233.39 feet; thence,
N.81 °31'06"E., 365.91 feet; thence,
N.67°59'28"E., 210.65 feet; thence,
N.47°17'37"E., 211.04 feet; thence,
N.17°46'27"W., 97.30 feet; thence,
N.07°56'34"W., 180.13 feet; thence,
N.06°37'42"E., 308.64 feet; thence,
N.22° 13'53 "E., 101.28 feet; thence,
N.04°27'33"E., 36.57 feet to a point on the north line of said Section 20;
thence, departing said high water line, along said section line,
S.89°45'05"E., 619.85 feet; thence, departing said section line,
S.00°34'03"W., 518.31 feet; thence,
N.86°31'18"E., 227.75 feet; thence,
S.07°21'38"W., 165.55 feet; thence,
S.34°56'17"W., 117.99 feet; thence,
S.02°32'23"E., 309.79 feet; thence,
N.81°19'36"E., 714.63 feet to a point on the west Right -of -Way line for
Mission Street; thence, along said Right -of -Way line,
S.00°32'46"W., 1683.25 feet; thence,
S.00°32'47"W., 2611.99 feet to the POINT OF BEGINNING.
CONTAINING 683.73 Acres, more or less.
SUBJECT TO all Covenants, Rights, Rights -of -Way, and Easements of Record.
Ordinance No. 759
Exhibit A
page 4 of 4
ENGINEERS • SURVEYORS • PLANNERS
300 DEINHARD LANE • McCALL, IDAHO 83638
PHONE: 208-634-4863 • FAX: 208-634-4951
E-RLE: G\94034\\VICINITYMARDWG DATE: MARCH/01 JOB: 94034-30-100
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. 759 is a true and correct copy of an
ordinance passed at a regular meeting of the Council of the City of McCall
held on October 25, 2001 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 ,c;--Ykday of 00,64ot 2001.
Cathleen A. Koch, City Clerk
r�l
Publisher's• Affidavit _ of Publication -
STATE OF IDAHO
.SS
County of Valley
I, Carol J. Wright, being duly sworn and say, I am the receptionist of
The 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 afore said and is a legal newspaper; that the PUBLIC NOTICE, a
copy of which is enclosed hereto and is a part hereof, was published in said
newspaper once a week for a period of one 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 publica-
tion of such notice began November 21, 2001 and ended November 21, 2001.
CCWRVv�l
Subscribed and s rn before>ie this the 21st day of November, 2001.
STATE OF IDAHO
COUNTY OF VALLEY
On this 21st day of November, in the year of 2001, before me, a
Notary Public, personally appeared Carol J. Wright, 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
acknowledged to me that she executed the same.
Tom Grote
Notary Public for Idaho
Residing at McCall, Idaho
Commission Expires 2/8/06
ou�c'
ORDINANCE NO.759
AN ORDINANCE OF THE CITY OF McCALL, IDAHO, ANNEXING
CERTAIN REAL PROPERTY IN VALLEY COUNTY, IDAHO; ESTABLISH-
ING APPROPRIATE ZONING DESIGNATIONS FOR THE ANNEXED
LANDS; PROVIDING FOR RELATED MATTERS; AND PROVIDI.NG AN
EFFECTIVE DATE.
BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE CITY
OF McCALL, IDAHO, AS FOLLOWS:
Section 1: The Mayor and Council hereby find and declare that the prop-
erty described in Exhibit A of this Ordinance is land contiguous to the City of
McCall, is partially located within the area of city impact of the City of McCall,
has been submitted for annexation by the owners thereof, and may be annexed
pursuant to Section 50-222, Idaho Code.
Section 2: The property particularly described in Exhibit attached hereto
is hereby annexed -into the City of McCall, From and after the effective date of
this Ordinance, the residents and other occupants and property owners within
such areas shall enjoy all the rights and responsibilities of their fellow residents,
occupants, and owners within the City of McCall.
Section 3: The McCall City Council, having made a request to the City of
McCall Planning and Zoning Commission for a recommendation of a.zoning
designation upon annekation, pursuant MCC 3-34-050 and IC 67-6525, and the
Commission having after public hearing made a favorable recommendation, and
the Council, having held a public hearing as well, the real property contained
within the description in Exhibit A shall be rezoned from: the previousR-10
Rural Residential-10 district to the R-5 Rural Residential-5 district.
Section 4:.In furtherance of this R-5 Rural Residential-5 zoning designa-
tion, the owners of the property described in Exhibit A shall enter into a Devel-
opment Agreement with the City of McCall to ensure that the recommendations
of the City of McCall Planning and Zoning Commission and the McCall Area
Comprehensive Plan are satisfied.
Section 5: The zoning map of the City of McCall Planning Jurisdiction is
hereby amended to reflect the above -described changes, and the Community
Development Director is instructed to endorse the zoning map accordingly and
with the number and effective date of this Ordinance.
Section 6: This Ordinance shall be in full force and effect from and after
its passage, approval and publication as required by law.
PASSED AND APPROVED this 25th day of,October, 2001.
CITY OF McCALL Allan Muller, Mayor
ATTEST: Cathleen Koch, City Clerk