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Home My Public Portal AboutOrd. 761 - Establishing A New Zoning Designation For Certain Real PropertyInstrument # 261229 VALLEY COUNTY, CASCADE, IDAHO 2002-03-25 01:41:20 No. of Pages: 4 Recorded for : CITY OF MCCALL LELAND G. HEINRICH Fee: 0.00 Ex-Officio Recorder Deputy Index to: ORDINANCES ORDINANCE NO. 761 AN ORDINANCE OF THE CITY OF McCALL, VALLEY COUNTY, IDAHO, ESTABLISHING A NEW ZONING DESIGNATION FOR CERTAIN REAL PROPERTY IN VALLEY COUNTY, IDAHO; 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 wholly contained within the City Limits of the City of McCall and is eligible for a change in zoning designation, pursuant to McCall City Code Title 3, Chapter 34. Section 2: The McCall City Council, having received a recommendation from the City of McCall Planning and Zoning Commission for a zoning designation of the property described in Exhibit A, pursuant to an application from the property owner, held a public hearing on the application, and determined that the real property contained within the description in Exhibit A shall be rezoned from the previous A —Low Density Residential district to the B Medium Density Residential district. I i Section 3: In furtherance of this B Medium Density Residential zoning designation, the owners of the property described in Exhibit B 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 4: 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. j Section 5: This Ordinance shall be in full force and effect from and after its passage, approval and publication as required by law. March 14, 2002 Ordinance No. 761 Page 1 of 2 PASSED AND APPROVED this I4/4day of ( cA__J , 2002. es •• /4 •'� : ;O a : � • SS � el 6i% �� :�° y 00,� ATTEST: •°°°•4 ;CA81, ,,,,, •® Ca leen Koch, City Clerk CITY OF McCALL Ralp 1 oltdn, Mayor March 14, 2002 Ordinance No. 761 page 2 of 2 ORDINANCE NO.761 EXHIBIT A A parcel of land located in Valley County, Idaho, more particularly described as follows: A parcel of land commencing at the NW corner of the SEl/a NEl/a, Section 9, Township 18 North, Range 3 East, Boise Meridian, Valley County, Idaho; thence East 690 feet; thence South 837 5/8 feet to the Real Point of Beginning; thence South 2451/4 feet; thence East 100 feet; thence South 50 feet; thence East 490%z feet; thence North 2951/4 feet; thence West 5901/2 feet to the Real Point of Beginning. Ordinance No. 761 Exhibit A page 1 of 1 ORDINANCE NO.761 EXHIBIT B A parcel of land located in the NW corner of the SE'/4 of the NE'/4, Section 9, T. 18 N., R. 3 E., B.M., City of McCall, Valley County, Idaho, more particularly described as follows: Commencing at the NW corner of the SE'/4 of the NE'/4, Section 9, T. 18 N., R. 3 E., B.M., City of McCall, Valley County, Idaho; thence S. 39° 35' 57" E., 1,084.65 feet to a %2 inch rebar on the east line of Ponderosa Street; thence, N 89° 50' 41" E. 330.70 feet to a %2 inch rebar; the REAL POINT OF BEGINNING: Thence, continuing N. 89° 50' 41" E. 263.87 feet to a inch rebar on the west line of Clements Road, Thence, S. 00° 05' 28" E. 293.83 feet along the west line of Clements Road to a %z inch rebar, Thence, S. 89° 38' 52" W., 263.33 feet to a % inch rebar, Thence, N. 00° 11' 51" W. 294.23 feet to the Point of Beginning, containing 1.779 acres, more or less. Bearings are based on surveys of record. Ordinance No. 761 Exhibit B page 1 of 1 City of McCall Certificate of Recording Officer STATE OF IDAHO} I } 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. 761 is a true and correct copy of an ordinance passed at a special meeting of the Council of the City of McCall held on March 14, 2002 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 14th day of March 2002. Cathleen A. Koch, City Clerk Publisher's Affidavit of Publication STATE OFIDAHO- .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 two weeks 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 March 21, 2002 and ended March 28, 2002. Subscribed and s(etdrn beforeFthhe this the 29th day of March, 2002. STATE OF IDAHO COUNTY OF VALLEY On this 29th day of March, in the year of 2002, 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 sIggati iVAl1towin are true, and acknowledged to me that she executed the sagbe,- j . GR 0,1%.,•. • 0,, .oa '°• 0 to ■ zo * o �/ • . . `° �'%Ui3L1 .' 0� c.P e®° ®®a O ,moo a °Pocs"upeossam0a a Tom Grote Notary Public for Idaho Residing at McCall, Idaho Commission Expires 2/8/06 ORDINANCE -NO 761 •AN ORDINANCE C THE CITY OF MCCALL,.VALLEY COUNTY II)AHO, ES_ TABLISHING A NEW ZONING DESIGNA TION FOR CERTAIN REAL PROPERTY IN VALLEY COUNTY I000, PROVIIjING ' FOR RELATED MA 14.%1tS AND PROVID ., ING AN EFFECTIVE DATE: BE .IT ORDAINED BY THE MAYO., AND COUNCII,.OFIT M CITY OFigq,0 I.L IDAHO, ASIF:047:,OWS ' Section 1 ilhe Mayor and Coun'eit herebyi� find and declare thatthe property descritied in s Exhibit A of this'OrdmanceAS wholly `con.}. taine.d within the City Limits of the City" of .l McCall and is eligible fet*change itizenutg, designation, pursuant to Mccall City Code Title 3, Chapter 34. • ' Section 2: The.McCalt,CityConneWhay ing received a recemmendation'frotn the City of McCall 'Planning and Zoning Coma} ssion'`j. fora zoning designation"ofthe property de . scribed in Exhibit A; pursuant te.an application s from the property,owner, helda public f eanng on the application; and determined that theseal �k propeity'contained withhithe.descnptieri+m 1 Exhibit A shall be rezoned from the,previous A —Low. Density' Residential'dislrict to theB � Medium,Density ResidenUal'district Y t -Section 3:Infurtherance:efthis B Medium Density Residential zomng•,designatien;; the owners of the property described in Exh}bit B• shall enter into a Develop** Agreement with the City of McCall to ensure that the recom mendations of the City of McCall Planning and Zoning Commission and the McCall Area Com prehensive Plan are satisfied S • Section 4: The zoning map' -of the City of x McCall • Planning :7urisdiction7`iejle'reliy,, amended to reflect the above -described changes;':; and the Community DevelopmentOirector is instrueted•to'endorse the zoning ntap*Cord= ingly and with the number and effective date of s this Otdinance. • Section 5: This 'Ordmanee shall,',Win'full, force and effect from and after its passage =' approval and publication as required by law PASSED AND ABPROVED,tlus lath day of March;2002. r. CITY OF.McCALI Ralph Colton:'Mayer' • ATTEST: Cathleen.Koch; City,_Cle k' ORDINANCE NO 7f_ ,� a �, EXHIBIT A.' iivrg yr ,4 {iareel of land located m Valley County,' . u more.'Faucularly 9.e iPed;as1611.pws: A pargel of'land conitnencing'at the NW,�: corneroftheSE`1/41•TE1(4 Secaon:9,+T6wn ship 18=Norih-.Range 3.EasN,Boise3vIendum `s Valley County`#•Idaho Wke7ii F.ast(6903feet ,,i E thenee'Sonth`837'S/8 feet to the Real Pomf of Beginning thence South 245 I.'4:feeti thence.'• East 100 feef thence Southr50 fe:a0ieitei ast'; 49Ci: feet thence Northi29$',1/4 kept, th.ence West 590 1/2 feet to the ]2eel lfom ti B gin _, nmg ORDINANCE NO 7 __ A,parcel of land logatelm thecorner;. of the SE 1/4 of the NE I/4 �ection 9 �' 18 N ' R�3 E; ;)3� Mt Gity�pf MoCap°Ya11ey Cpunty .: Idaho more particularly descnbedia. fotlows ComtnenctngattheNW'borne�ofthe$E1/ f the NE 1/4; Section 9, 3i3A, N..R 3 E ," " Ctty of McCall Valley Coiiiity'Idalio,, <. thence S`. 39(35 57,7 E I,Otii 651feet-to a l/2 ,' inch-reliartn tb.` 'east!line of;Eonderosa Street; lthencb;I� 89(Su:�:4P E."33070feet'.toja l/2' mch rebar the REA>; POINT AF°BEGIN Thehee continiimgN89(50` 41 E 263:_, feet to a 1/2 catch" rebaz on the west line o ;Clements Road Thence � 5'� 00( OS"28i r k293 83:feet alenethe weS line of Clemenn Road t: at.r inchreba Tlieiice,'tSl89(18,52". ;W 263r33 feet tq;a IL2 mch'rebaz;.Thence; N: 00( 11 51 W =,'294'23°feetito the':point`of , ;Beginning contaiiung "1779 acres`�mote or F�earings are based on surveys of ecofd' 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 January 10, 2002 and ended January 10, 2002. Subscribed and s(orrdrn before this the 11th day of January, 2002. STATE OF IDAHO COUNTY OF VALLEY On this 11th day of January, in the year of 2002, 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 f41NG'ENO, 761 NCl?' QF 'TT CITY`r OF. TA$T ISHII*1,<ii A `s ZdgIO DE$tGNATI,QNe.,FO ; `,CERTAIN R5At_ : I'ROFEILTYIIV�V{�,'�'�QL.11`1TYIDAFIQ FROYA�»O:FO� ,ATEI� '14IAl� 1'>JRS . A.N.131 TOVIDINC'rAiI; l~1aKTIY.E1)A ` ASP:Pfkt0 : Olt , i�Al<OfASFOIOWS $ect<iinf 1. ,'1'lle Mayor and CounctI hereby ;; find:apd declaie thatthe property:descnbCd'tn ESctit#tt A o!`thxs' Ort{inance'�ts„wl}olly'cbn'.; Wined wtttun;,ttte Y�ttyrLuntts of the City of ; , Mcgall and xste 101): Jossk4djiotiiioiiiiog des g ariop pars 41 tv McCall ,City bode :. Tale �,a r.�ecaon`2��Tlse'MoCaTl�Ctty.Cotznotltahav xecetved.:a recomtriind�ttoti;from the Cttyr of'M�Call�,lattt�tlt� and'Zpt�i�ng;,Comtnisslotl. ; fpr a zgrung;?;de'stgnatign,ofxthe=proptty-de scnbedm$xhtbtt,yS,pursuantXq;an,apphbatton from the propgrty o��r, held, p'pt�ltb,beanng, qn; the appltcat�ton, *red termtned that the 0.4 property contatneci withut tl�e descnptaon to • Ezlubtt Af shall be fgzoned ftom-the preuibus ,t�-;T:ow Density �e�denpal Ststnct to the B t' Me$tupenstty Iiestezlnal dtstnct ' Sec on�Infurther�ncebP"ttiis� Medium; ,. peistty I2esdennal"'�ontng,.tiesi'gnattoIt:�.the{ d40 5f411# p .iikrt}x:'desenbed ita00041Pl3 shall�nten>}toa evelgpnaentAgreelnentivith .r r�