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HomeMy Public PortalAboutOrd. 762 - Annexing Certain Real PropertyORDINANCE NO.762 AN ORDINANCE ANNEXING CERTAIN REAL PROPERTY LOCATED IN THE UNINCORPORATED AREA OF VALLEY COUNTY, IDAHO, AND CONTIGUOUS TO THE CORPORATE LIMITS OF THE CITY OF MCCALL, TO THE CITY OF MCCALL, IDAHO; ESTABLISHING THE ZONING CLASSIFICATION OF THE ANNEXED PROPERTY AS ZONE B — MEDIUM DENSITY RESIDENTIAL; REZONING CERTAIN PROPERTY LOCATED IN THE CITY FROM ZONE B — MEDIUM DENSITY RESIDENTIAL TO ZONE B — MEDIUM DENSITY RESIDENTIAL; DIRECTING THAT COPIES OF THIS ORDINANCE BE FILED AS PROVIDED BY LAW; PROVIDING FOR RELATED MATTERS; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the City of McCall, Valley County, Idaho, is a municipal corporation duly organized and operating under the laws of the State of Idaho and is authorized to annex to and incorporate within the boundaries of the City contiguous real property in the manner provided by Section 50-222, Idaho Code; and WHEREAS, the owners of the real property described in Section 2 of the ordinance have requested, in writing, annexation of said real property to the City of McCall; and WHEREAS, the McCall City Council, pursuant to public notice as required by law; held public hearings on January 10, 2002 on the proposed annexation and zoning for the ;real property described in Section 2 below, as required by Section 67-6525, Idaho Code, made findings as required by law, and determined that the requested annexation should be granted and that the annexed property should be zoned Zone B — Medium Density Residential pursuant to the Zoning Ordinance of the City of McCall. NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE CITY OF MCCALL, IDAHO, as follows: Section 1: The Mayor and Council of the City of McCall, Idaho (the "City"), hereby find and declare that the real property described in Section 2 of this ordinance is contiguous to the City, that said property can be reasonably assumed to be used for the orderly development of the City, that the owner of said property has requested, in writing, annexation of said property by the City, and that the requirements of Section 50-222, Idaho Code, for annexation of said property, have been satisfied. Section 2: The real property, all located in Valley County, Idaho, particularly described in Exhibit "A" which is annexed hereto and by reference incorporated herein, is hereby annexed to and incorporated within the territorial limits of the City of McCall, Idaho. From and after the effective date of this ordinance, all property and persons within Instrument # 260803 VALLEY COUNTY, CASCADE, IDAHO 2002-03-07 11:47:19 No. of Pages: 4 Recorded for : CITY OF MCCALL LELAND G. HEINRRecorder Depu51.1.00yEx-Officio Recorder Deputy Index to: ORDINANCES the boundaries and territory described above shall be subject to all ordinances, resolutions, regulations, taxation, and other powers of the City of McCall. Section 3: The zoning classification for the property described in Section 2 above is hereby established as Zone B — Medium Density Residential, as provided in the Zoning Ordinance of the City. The official zoning map of the City is hereby amended to include the real property described in Section 2 above in the Zone B — Medium Density Residential zoning classification. Section 4: The zoning classification for the real property situated in the City and particularly described in Exhibit "A" is hereby rezoned from Zone B — Medium Density Residential to Zone B — Medium Density Residential pursuant to the Zoning Ordinance of the City. Section 5: The City Clerk is hereby directed to file, within ten (10) days of passage and approval of this Ordinance, certified copies of this Ordinance with the offices of the Auditor, Treasurer, and Assessor of Valley County, Idaho, and with the Idaho State Tax Commission, Boise, Idaho, as required by Section 50-223, Idaho Code, and to comply with the provisions of Section 63-2215, Idaho Code, with regard to the preparation and filing of a map and legal description of the real property annexed by this Ordinance. Section 6: This Ordinance, or a summary thereof in compliance with Section 50- 901A, Idaho Code, shall be published once and shall take effect and be in force from and after its passage, approval, and publication. DATED the 24th day of January, 2002. „so s.......,I,I • •.•`4�,.04. CALL ••: .'•. 61 SEAL o :*. •. .,LL IP�� ••` ATTEST: 4"........ •••'' CITY OF McCALL Ralph E. Colton, Mayor C thleen Koch, City Clerk January 24, 2002 Ordinance No. 762 Page 2 of 2 ORDINANCE NO. 762 EXHIBIT A Westerly Part of Tax No. 43 in Government Lot 6 and Westerly Part of Tax No. 44 in Government Lot 6 EXHIBIT A Ordinance No. 762 atud Ma* awn in 'OEN va, =um TOTTI ow 000l OSTOtor_. ov loom 36Zi K _AUR gSS—S . MAIMS ft '011 XVI 11.3 3V %VW TZ et vet XTA ad XIX CO VIM ROM ar we a at 'Ott XVI is XI.2 g-e Inane geg—g MAIMS (ov wee) 9091 K g 101 1400 Mae -MG .1211121,31 wiz LIMB OS LOOT 26IG MO01111MI 111,SG MYR (3v Lora) 9 WI I./100 ITP-;• at 'OH zu is 1114 - war ::9• OD E 'ON 9 'OK Xli miff la La-t AZAWLS *Des 01. Jo stragil eve= we WON MI MENEM 39 te0'6 (or ow») L .101 1101111 8 ma Br GNI Id II tes-g alielag_i as mammy 113-9 MAX mougrz %dNOWT i vasi 0. SIMIATivOGAtal g la79 issasiv-N 2 t 3 'OK MC f 7SM VIM VT" maw (3v orgs) ; ,L0r1 iLiA00 g 17 'ON 9/N3* V' NO' k 3 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. 762 is a true and correct copy of an ordinance passed at a special meeting of the Council of the City of McCall held on January 24, 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 24th day of January 2002. Cathleen A. Koch, City Clerk Publisher's Affidavit of Publication STATE OF IDAHO ORDJIN4IN' ENO 762'�` Nt'ORDIN:4l�l"�''�ANNEJ�ING i' CER= fREALPROREitrt' f{OCATEi)IN -UNIIVCORPORA'1h7) SARBt),`bl�'VAI:LEY� COUNTY, IDAHO AND CONTTGLIOUS 1 O' t T:HE CORPORATESI Il1¢ITS'OFt Lilt County of Valley �;m xo .ESTA$LISHIN,a THEE.Z ° L+' ,,CLASSIFICATION ;OFAT);IE� I, Carol J. Wright, being duly sworn and say, I am the receptionist of PItOPERTYAS ZONEF1414 VIEI — The Star -News, a weekly newspaper published at McCall, in the County of � SEI RESIDENT'T' igi REZOI NG ! CERTAIN PROP$RTYeLOCA`1;ED IN mIIE Valley, State of Idaho; that said newspaper is in general circulation in the 4, CITYFROMZONp3.41SDIIIMDENSTI'y county of afore said and is a legal newspaper; that the PUBLIC NOTICE, a dry'^i2ESIbENTIAL TO ZON 3,tv `M$I)IUM copy of which is enclosed hereto and is a part hereof, was published in said NDENSIIT::OSIDBNTIAL,,, 0gt ,_ newspaper once a week for a period of one week in the regular and entire 3`gI)A$ P OOHED 5 ORD4_4INAI�CE;BE issue of every number there of during the period of time of publication, and was Bps'+PROVID .SS published in the newspaper proper and not in a supplement; and that publica- fffstGEORRELATEDC RS;`ANDE>z0'' tion of such notice began January 31, 2002 and ended January 31, 2002. Subscribed and s STATE OF IDAHO COUNTY OF VALLEY e this the 31 st day of January, 2002. On this 31 st 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 taassl + VIDING AN EFFE 'T�,`� � WHEREAS;'the City,pofAMcCall ;Walley; County Idaho,isarttutuctpalycorporattonduly(i orgatuzed and;operattng under the law3`oftlie? :Stated Idaho dnd is authonzed to nez to and° Incotpotate*ithm theiboundari4 O the City i contiguous real property�m that , .iioi apro 1 vided'•by Section 50-222 ;Idaho C��dde,tand ' :`-? WHEREAS; the owliers o� th$"rcal'prop'', city described iili Sectloti 2 `o�wthb"ordinance ; have requested; m'Vvi4trtiearutexation of said,: real�eq�` suanWH tto EpubhAcSohticMeasCralluirerty�yyaw;hpetrlde :publreheanngs60:;January0,20on the`!; proposed annexation aFtd'zo. g for,,,,the reali property deserOck-i(F.Sggdbr� 2 beloFp asi qutred by $ - '.'. it 7r6325, Idaho Code made. findings a cjytteti)y}aty, and`ailetbt ear, thatthgretNe9tedannexat3onshour begranfed and'tifdt the "annexed property sho ii,be zoi #C Zoned 14e,tii tin DelfailkIteside litil,pursu= i atft tift1 Zo}nng'Grditianeet'OP ew City of MC0,a11 t d r fr ;. .„ j NOW TI11312EFORE'BEIPORDtdt E1 BY THE MA'i bi AND;'COUNt d ' �TEf . CITY; OFIVICCAIsi. , CCSSeeduretpa?h.r,041, 0i'oll'ows , ction 1 rTheMayorndC1Rgii of the ity ofMcCallIdho(te C1 eto find ,,scbedipnddcrethat:th1prop etyionofazdpoprtan.2.r.4o'totti sun* tO be used for the;orderlydielopment"� of the;City, that "the owner. of galdperry has);' regties'ted in writing,,annexatipi aid prop4erty by the City; and hat�the�reqinents'q Section 50 222 •'Idahq Code�for annexation ° % . "'said reperty 'have bee"tt`sahsfied '';:t, '; A Section 2 The real property, all located in 4VAley,County Mali& partieularlydescribed in Exhibit A which is annexed hereto and by referenee incorporated he'rem is hereby an- nexed to and"mc6iporated Ithin theterritorial . litmts• of the City of MCCali;AdahO:'Fforn and after the effech"ye date of this ordinance, all. property and persons within the boundaries and territory descnbed above Shalt bestibjectto' all ordinances resolutions regulations;'taxation, and other powers:of the City of McCall rSection3 The zomngelas'sifieationforthe , }iropertydeieribed m Section 2 aboveis Iideby, establis4e,dasZoneB MedtutnDerisityResi- dential as provided m the Zomng Ordinance of. the,City a The offietal zoning map;of.the, City is Tiereby amended°to ticlude• the, real, property i `descnbed In'Section 2 abdve m'the Zone $ Medium Density Residential zoning classifi cation'' SeCtion4 The zomng classification for the real property situated m the City and, phtticu- • 1tarlydescnbedinExhibit A++isherebyreaoned from Zone B ,Medium Density Reisidential to Zone B =` Medtitiri Density Restdeptial parsu- 'ant to the Zoning Ordinance of the tity. , • Section 5 ;The City Clerk is hereby di-: ceded to file wlttun ten.(l0) days'of,passage iAnd apprOyt4fthis Ordinance certified,eop-. ies of this Ordinance with 'the offiees of the Auditor'Treasurer, alid Assessor, of :Valley • ECdnnty,Idaho,rand wrth?tfie Idaho"State;Tax 3Commiss1on,Eoise Tdaho,a'srequiredbySec- lion 50 223 'Idaho Code Land to comply -with lieprovision sofSMtion 63-2215, Idaho Code, with regard to {he,preparauon and filuig of a j 41i: and'legal dek4it tion of the real propety „ani(exed by this Ordinance , ,X j� Section 6 This Ordmazice or a summary thereof tri coltiphance with Section 50 901A, Ida"hoCode shall liepubhshedonce_artil l; take effect and be m force; from and ;after its ?:passage 'approval ';and publication DATED tJie 24th day of January 2002't. CIT-�,OF McCALL - alpiv E Coltoit; Mayor <, TrEST *Cathiee&Koeh City Clerk, ,1 Wf ;Ocdlnance',NCi762 > !'. 'TWe$terlyP�rt;ofTax No 43 m Government • of 6< atfd �esferly Part of Tax No: 44. in overiilient I,iit�6: ,ltc1/31',:, :, . '