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HomeMy Public PortalAboutOrd. 803 - Lick Creek Meadows AnnexationORDINANCE NO. 803 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; DIRECTING THAT COPII,S 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 February 24, 2005 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 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 February 24, 2005 Ordinance No. 803 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, 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 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 1 `1 day of relir„, 2005. 8888888 • .o*•41z N SEAL oo " * ef.4,941 ATTEST: Dan Irwin, City Clerk CITY OF McCALL 44-1 Kirk Eimers, Mayor February 24, 2005 Ordinance No. 803 Page 2 of 2 ORDINANCE NO. 803 EXHIBIT A A parcel of land situate in the SW 1/4 of the SE 1/4 and the W 1/2 of the SE 1/4 of the SE 1/4 of Section 3, T. 18 N., R. 3 E., B.M., City of McCall, Valley County, Idaho, more particularly described as follows: Commencing at a brass cap marking the south east corner of Section 3, T. 18 N., R. 3 E., B.M., City of McCall, Valley County, Idaho; thence, N. 89° 56' 39" W., 657.85 feet along the south boundary of said Section 3 to the REAL POINT OF BEGINNING: Thence, continuing N. 89° 56' 39" W., 1,973.59 feet to a brass cap marking the south 1/4 corner of said Section 3, Thence, N. 00° 21' 04" E., 1,324.06 feet to a rail road spike marking the C-S 1/16 corner of said Section 3, Thence, S. 89° 48' 51" E., 1,976.73 feet along the north boundary of the SY2 of the SE 1/4 of said Section 3, Thence, S. 00° 29' 18" W., 1,319.59 feet to the Point of Beginning, containing 57.215 acres, more or less. Excluding therefrom the proposed right-of-way for Spring Mountain Ranch Boulevard. Subject to the right-of-way of Lick Creek Road along the northerly boundary of the above described parcel. EXHIBIT A Ordinance No. 803 Page 1 of 1 PILGRIM COVE ROAD I I a I's I IZone A - Low Density Residential C 14 Units/acre Is 7/4 CORNER LICK CREEP( ROAD _ S89'tRSii Zone A - Low Density Residential C 4 Units/acre 10 City of McCall Right-of-way x99z9']9w 19)].59' 1"=zoo' T I I UCK CREEK MEADOWS IOW=IN7157 9/1/4 OF SIM MI I/I IND TM r I/P O/ f@ SB //I OT nar ST I/I OT senrmx a r. IeK w a s, ar, GSS Of Ike= Tour COM% IMMO I I I I I �Im Eig I I I I I I I I I I I I I I SEC/70N CORNER j 2 1011 A i LICK CREEK SUBDIVISION SHEET 1 OP 1 w M O 00 O z U • 4--1 O N 1D a 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. 803 is a true and correct copy of an ordinance passed at a regular meeting of the Council of the City of McCall held on February 24, 2005 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 February 2005. Lti r ` •e �d :v SEAL ;�" * 'x= `�_ O #••••,s '4414L. ID i' - •• ••••.....n••• Dan Irwin, City Clerk PILGRIM COVE ROAD LICK CREEK ROAD 889'48'51.8 1978.73 Zone A - Low Density Residential C 4 Units/acre 79' Zone A - Low Density Residential C 14 Units/acre 13 1/4 CORNER 10 r City of McCall Right-of-way 1189'58'39'91 1973.59' 1 "=200' LICK CREEK MEADOWS =AMsr f/! or MN Ss 1/4 env raw Ir./A' TIM sr .0 of arm' sr 1/4 OF SI TIDN 3 1f 18X, It 3 6, $Y, . Orrr Or lfoCAL4 peJ1usr O tour IRMO I I I 1 I I I 1 17. 11; I- I I I I I I I I 1 1 I 1 1 1 I 1 1 I 1 1 1 I 1 I 1 1 I SECT/ON CORNER 1 1011 0 ou.� to. SIM 1 OF 1 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 March 24, 2065 and ended March 24, 2005. Cana. • U� J Subscribed a worn be a me this the 24th day of March, 2005. STATE OF IDAHO COUNTY OF VALLEY On this 24th day of March, in the year of 2005, 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. OQBtzmaP6tlB m0� �� Qoq0o©v�ao �' 0sA oe o 04 ©0 % , m v ti � ° E. +*. a o ® � .:a.a c� o Q e ,e P J >3 I,iG o ,nod • IP . expo O ®se® ®s44oe ?QO F ZF &aa�..� reB8B�fa1240044e Tom Grote Notary Public for Idaho Residing at McCall, Idaho Commission Expires 2/8/06 ORDIlscofeE.NO 803 ; ";; AIV Oo114.7 Tee E.Af\NoctNG • CERTAIN. ,'=REAL `;PROPERTY. LO- . GATED IN'TE)EITNINCORPORATED AREA ,OF VALLEY 'COUN IFiC' IDA- 'Ho',.rANDt 'c0-TiououS:•, TO+'.THE • CORPORATE TIMITS'• OF THE`,CTTY OP ' ",IvICCALL` s rTO .THE -CTTY .OF' IDAHO, ; ESTABLTSHING THE: ZONING: CLASIF,ICATION OF , TIIEE 14NPMP PROP.ERTYAS ZONE •A : LOyV DENSTTX 1,ZESIDEN`I A1- DIRECTING THAT COP*S OT; PPS ORDINANCE BE Fiao AS PRONTO EI)7BY LAW;:PROVWWG FOR RE `. LATED I/fATTERS .ANDlisEt,OVIDING AN,ENt+hCTIUB DATE': ` �' � r: WHEREAS, 'the• _city of McCall, Valley County,,Idaho is a munictgal coF- i poration duly:or Oiiiedr and;gperatiiig under the�aw ls; of thei State of Idaho and is authonzedko anneN t0 and rnpprporate within the boundanes of the City coringii ous'real' property iiithe:t ain er provided by Section 50.222EAS rdaho Code anti VjrHERthe owners of fhe real ; property descnbed in Section 2 �'of the I • nedrdinance,itaV•e requested m wnfii{g ,an- • xation of said real property to the'City r of McCall and WIIERW the McCall City Coun`. crl;'pursuant io public notice as required 4 bylaw held a public Bearing onTebniaty' 24;:2005 on the proposed a5ine cation and zoning forrthetreal property descnbed,in . , Sectiort•2•;belovOiASgegiitted-by Section_ 6776525 ,;Idaho gOde Jnage 01).gs .as • requiredbylOr and;determined;that;the requested aiuiexation. should be ;granted arid,that the annexed property should be zgnedZoneA'-1,.owDensity Residential pursuant to ithe Zomng;;Orgh.0 0, the• �ity�of,McGall + , NOW THE040*p4 BE IT OR • • DAINED B'X THE MAYOR_ AND COuNCII,oI TI�1C1TYo .menCALL :. IDAHO as follows Section li The Mayor and Cetineil of , th�:,City� ofslYicCall,. Idaho tthe '.'Citys), � h`eiehy iTnd and declaii'e' that .the real � piopett$" descnbed m:;Section 2 off th''s ordinance ts, contigpoiis rto the: City thaat safdtpropeity can be reasonably assuriied to he•used for:the orderlydeyyeeloprnenvof the"City .that'•the owifer Ct saidd'ffifigerty has,regnested; _m writing, annexatign of said .property;.by the City,. aiid,.that the requirements. of Section 50-222 Idaho Code; a rfor:atinexatton.'of said, property„ '• haVebeen'satisfied:.'. .' • Section 2 The real .propeity, all lo- • cated iin Valley county +Idaho, particu- ' lazly descnbed in Exhtbit A which is annexed' hereto and by reference mcor- ` porated'herein ii lietehraiinexed id and incorporated'•�wittfn the tentdnal�liiruts _. ofsthe'City:'of`.MCCaIl;Idaho Froun'.arid afterthe effectiye•.date,ci this ordinance, all property, and perso Sit within , the boundaries and tet'titorytcescnbed above: shall be'subjecf to all ordinances eso- lutions iegulatigns taxation and other powers of the City of•iVlcCalh t Section 3 The toningtelassification for .the:property_descnbed Section;2• above.is, hereby, established as ZOneA— t• LokV'D'ensity Residential as provided in. the Zoning Ordinance of the'. City, aid as shown.on Exhibi8 B . Tlie official`zon- ': ling.nrap: of the City is.herebyaniended to include the real,.property described. in Section 2 above in the.7or}e A Low Density Residential zoning dist tets', I i Section 4 .Tire City. Clerk is hereby directed to file within ten`fl0) d41s`'of passage: arid:tapproiial: of ihisDiclinanee, cOtifiedcopiesoftbiSOrdi"nane4iththe • offices of the•Aticiitor Treasurer and A5- sessor of Valley'.Cd'urrtyIdaho and with the,TilahrS State.Tax Comilikkii n `R$i :e_ -- ---