HomeMy Public PortalAboutOrd. 794 - Rivers Crossing AnnexationORDINANCE NO. 794
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 A — LOW DENSITY RESIDENTIAL AND ZONE R-
1, RURAL RESIDENTIAL-1; DIRECTING THAT COP IFS 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 a public hearing on June 10, 2004 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 A — Low Density
Residential and Zone R-1, Rural Residential-1 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
November 18, 2004
Ordinance No. 794
Page 1 of 2
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 A — Low Density Residential and Zone R-1, Rural
Residential-1, as provided in the Zoning Ordinance of the City, and as shown on Exhibit
B. The official zoning map of the City is hereby amended to include the real property
described in Section 2 above in the Zone A — Low Density Residential and Zone R-1,
Rural Residential-1 zoning districts.
Section 4: 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 5: 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 i g+- day of , 2004.
CITY OF McCALL
Bill Robertson, Council President
Dan Irwin, City Clerk
November 18, 2004
Ordinance No. 794
Page 2 of 2
ORDINANCE NO. 794
EXHIBIT A
Parcel 1
Government Lot 8, Section 17, T.18N., R.3E., B.M., more particularly described
as follows:
BEGINNING at the south 1/4 corner of said Section 17; thence, along the west
line of the southeast 1/4 of said Section 17,
1. N.0°12'31"E., 1321.76 feet to the C-S 1/16 comer of said section 17;
thence, along the north line of the southwest 1/4 of the southwest 1/4 of
said section 17,
2. S.89°49'17"E., 861.27 feet to a point on the high water line of the North
Fork of the Payette River; thence, along said high water line through the
following courses,
3. S.73°34'00"E., 126.36 feet; thence,
4. S.64°48'14"E., 118.82 feet; thence,
5. S.68°13'47"E., 268.86 feet; thence,
6. S.89°50'39"E., 170.17 feet; thence,
7. S.87°38'51"E., 311.22 feet; thence,
8. S.80°23'09"E., 168.89 feet; thence,
9. S.19°12'36"E., 108.98 feet; thence,
10. S.22°42'57"E., 221.36 feet; thence,
11. S.20°15'26"W., 159.23 feet; thence,
12. S.37°25'55"W., 101.79 feet; thence,
13. S.42°02'42"W., 161.03 feet; thence,
14. S.65°45'50"W., 145.54 feet; thence,
15. S.84°02'38"W., 42.63 feet; thence,
16. N.9°45'46"W., 99.96 feet; thence,
17. N.50°41'44"W., 77.60 feet; thence,
18. N.83°02'19"W., 93.21 feet; thence,
19. S.65°54'04"W., 370.93 feet; thence,
20. S. 44°58'12"W., 182.68 feet; thence,
21. S.30°07'07"W., 149.59 feet; thence,
22. S.23°00'45"W., 134.45 feet to a point on the south line of said Section 17;
thence, along said section line,
23. N.89°44'30"W., 948.71 feet to the POINT OF BEGINNING.
CONTAINING 47.66 Acres, more or less.
and
Parcel 2
A parcel of land located in the SW 1/4 of Section 17, T. 18 N., R. 3 E.,
B.M., Valley County, Idaho being more particularly described as follows:
EXHIBIT A
Ordinance No. 794
Page 1 of 3
Commencing at the south 1/4 corner of said Section 17, a brass cap
monument, C.P.F. Inst. 181888, corner records of said Valley County being the
True Point of Beginning.
Thence a bearing of S 89°53'03" W, a distance of 838.32 feet on the south
boundary of said Section 17 to a set 5/8 inch rebar marking the southeast corner of
a parcel of land described by Book 3 of Surveys, page 44, survey records of said
Valley County; Thence a bearing of N 24°20'45" W, a distance of 375.45 feet to a
set 5/8 inch rebar marking a corner of said parcel of land described by Book 3 of
Surveys, page 44; Thence a bearing of S 80°02'49" W, a distance of 227.57 feet
to a set 5/8 inch rebar marking a corner of said parcel of land described by Book 3
of Surveys, page 44; Thence a bearing of N 61 °38'41" W, a distance of 150.44
feet to a found 5/8 inch rebar marking the northeasterly corner of the plat of
Amended Pine Terrace Addition No. 1, Book 7, page 54, plat records of said
Valley County; Thence a bearing of N 0°00'00" E, a distance of 315.90 feet to a
set 5/8 inch rebar on the boundary of Pine Terrace Addition No. 2, Book 7, page
75, plat records of said Valley County; Thence a bearing of S 29°35'34" E, a
distance of 120.12 feet on the boundary of said Pine Terrace Addition No. 2 to a
found 5/8 inch rebar; Thence on a curve to the left, on the boundary of said Pine
Terrace Addition No. 2m which curve has a radius of 120.00 feet, a length of
89:59 feet, and a chord which bears S 51°02'30" E, a distance of 87.52 feet to a
found 5/8 inch rebar; Thence a bearing of S 72°19'05" E, a distance of 128.45 feet
on the boundary of said Pine Terrace Addition No. 2 to a found 5/8 inch rebar;
Thence on a curve to the left, on the boundary of said Pine Terrace Addition No.
2, which curve has a radius of 170.00 feet, a length of 50.57 feet, and a chord
which bears S 80°50'49" E, a distance of 50.38 feet to a found 5/8 inch rebar;
Thence a bearing of S 89°22'27" E, a distance of 114.91 feet on the boundary of
said Pine Terrace Addition No. 2 to a found 5/8 inch rebar; Thence a bearing of S
39°51'31" E, a distance of 284.31 feeton the boundary of said Pine Terrace
Addition No. 2 to a found 5/8 inch rebar; Thence a bearing of N 70°38'26" E, a
distance of 124.85 feet on the boundary of said Pine Terrace Addition No. 2 to a
found 5/8 inch rebar; . Thence a bearing of N 19°56'39" E, a distance of 926.66
feet on the boundary of said Pine Terrace Addition No. 2 to a set 5/8 inch rebar
marking the southwest corner of a parcel of land described by Record of Survey
Book 4, page 27, survey records of said Valley County; Thence a bearing of N
89°59'07" E, a distance of 323.02 feet on the south boundary of said parcel of land
described by Record of Survey Book 4, page 27 to a set 5/8 inch rebar; Thence a
bearing of S 0°11'22" W,•a distance of 1174.94 feet on the east boundary of said
SW '/a of Section 17 to the POINT OF BEGINNING.
and
Parcel 3
A portion of Government Lot7, Section 17, T.18N., R.3E., B.M., more
particularly described as follows:
Ordinance No. 794
Exhibit A
Page 2 of 3
BEGINNING at the C-S 1/16 corner of said Section 17; thence, along the south
line of said Government Lot 7,
1. N.89°50'01 "W., 90.00; thence, departing said government lot line,
2. N.8°58'35"W., 192.27 feet; thence,
3. N.41 °34'32"E., 194.00 feet to a point on the high water line of the North
Fork of the Payette River; thence, along said high water line through the
following courses,
4. S.17°20'49"E., 56.75 feet; thence,
5. S.61°07'03"E., 63.49 feet; thence,
6. S.40°57'16"E., 88.66 feet; thence,
7. S.60°09'34"E., 313.57 feet; thence,
8. N.83°16'53"E., 154.58 feet; thence,
9. S.88°23'37"E., 133.15 feet; thence,
10. S.75°30'07"E., 118.16 feet; thence,
11. S.73°34'00"E., 50.99 feet to a point on the south line of said government
lot 7; thence,
12. N.89°49'17"W., 861.27 feet to the POINT OF BEGINNING.
CONTAINING 2.47 Acres, more or less.
and
Parcel 4
A portion of Government Lot 7, Section 17, T.18N., R.3E., B.M., more
particularly described as follows:
COMMENCING at the C-S 1/16 corner of said Section 17; thence, along the
south line of said Government Lot 7,
A.) N.89°50'01 "W., 90.00 feet to the POINT OF BEGINNING; thence,
1. N.89°50'01 "W., 247.30 feet; thence, departing said government lot line,
2. N.0° 11'24"E., 1157.47 feet; thence,
3. N.89°36'54"E., 821.03 feet to a point on the high water line of the North
Fork of the Payette River; thence, along said high water line through the
following courses,
4. S.37°39'18"W., 342.54 feet; thence,
5. S.34°42'07"W., 162.46 feet; thence,
6. S.32°52'28"W., 198.78 feet; thence,
7. S.26°34'15"W., 120.62 feet; thence,
8. S.5°55'19"W., 137.98 feet; thence,
9. S.41°53'56"W., 194.22 feet; thence,
10. S.8°58'35"E., 192.21 feet to the POINT OF BEGINNING.
CONTAINING 12.06 Acres, more or less.
Ordinance No. 794
Exhibit A
Page 3 of 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. 794 is a true and correct copy of an
ordinance passed at a regular meeting of the Council of the City of McCall
held on November 18, 2004 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 D,� day of N„..,,,be.J` 2004.
pCnn.",
Dan Irwin, City Clerk
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 Val-
ley, 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 publication of such
notice began November 24 2004 and ended November 24, 2004.
Subscribed arfd%worn be me this the 24th day of November, 2004.
STATE OF IDAHO
COUNTY OF VALLEY
On this 24th day of November, in the year of 2004, before me, a No-
tary 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 acknowl-
edged to me that she executed the same.
Tom Grote
Notary Public for Idaho
Residing at McCall, Idaho
Commission Expires 2/8/06
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