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.
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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
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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',:, :, . '