HomeMy Public PortalAboutOrd. 804 - Fox Ridge AnnexationORDINANCE NO. 804
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 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 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. 804
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.
2 �the 'day of �� , F�D'005.
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SEAL ;°
CITY OF McCALL
P4LL•We'e�•
Kirk Eimers, Mayor
ATTEST:
Dan Irwin, City Clerk
February 24, 2005
Ordinance No. 804
Page 2 of 2
ORDINANCE NO. 804
EXHIBIT A
A parcel of land situate in the SW1/4 of the NW1/4, and the West 1/2 of the SW 1/4 of
Section 15, 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 1/4 corner common to Sections 15 and 16, T 18
N, R 3 E, B.M., City of McCall, Valley County, Idaho, as shown on the official plat of
Woodlands Subdivision No. 1, recorded in Book 8 on Page 30 of Plats in the Office of
the Recorder of Valley County, Idaho, the REAL POINT OF BEGINNING:
Thence, N 00°25'26" E, 10.00 feet along the line common to said Sections 15 and 16,
Thence, S 89°47'01" E, 1,056.04 feet,
Thence, S 00°38'47" W, 10.00 feet to a 1/2 inch rebar,
Thence, S 89°47'O1" E, 265.49 feet to the CW 1/16 corner of said Section 15,
Thence, S 00°28'49" W, 663.67 feet to the northerly boundary of Lot 5, West Place
Subdivision, as shown on the Recorder's Plat thereof recorded in Book 4, on Page
27 of Plats in the Office of the Recorder of Valley County, Idaho,
Thence, S 89°40'13" E, 7.91 feet to a 1/2 inch rebar marking the northeast corner of said
Lot 5, as shown on that particular Record of Survey recorded in Book 4, on Page 79
of Records of Survey, in the Office of the Recorder of Valley County, Idaho,
Thence, S 00°42'27" W, 579.50 feet along the easterly boundary of said Lot 5, to a 1/2
inch rebar,
Thence, N 89°41'14" W, 630.05 feet to a 1/2 inch rebar on the easterly boundary of May
Road,
Thence, N 00°43'33" E, 250.68 feet along said easterly right-of-way to a 1/2 inch rebar,
Thence, N 89°42'02" W, 30.00 feet along the northerly right-of-way of May Road, to a
5/8 inch rebar marking the southeast corner of Lot 10, of said West Place
Subdivision,
Thence, N 00°40'23" E, 329.02 feet to a 5/8 inch rebar marking the northeast corner of
said Lot 10,
Thence, N 89°37'30" W, 11.14 feet along the northerly boundary of said Lot 10 to a 1/2
inch rebar,
Thence, N 00°38'47" W, 464.21 feet to a 1/2 inch rebar,
Thence, N 89°47'O1" W, 660.00 feet to the line common to said Sections 15 and 16,
Thence, N 00°38'47" E, 198.15 feet along said common line to the Point of Beginning,
containing 21.94 acres.
Bearings based on Plat of The Woodlands No. 2 as recorded in Book 9, Page 36 of Plats.
EXHIBIT A
Ordinance No. 804
Page 1 of 1
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ANNEXATION MAP
, of
ORDINANCE NO. 804
City of McCall
VALLEY COUNTY. DAHD
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KERR SURVEYING
404 E. PARK
McCALL, ID 83638
208/634-2686. FAX 208/634=4042
DATE' 28 MAP 05'
REMSIONS
DATE
BY
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Scale 1" = 80'
Bearings based on Plat, of Woodlands No. 2
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COr,RDWS: I•I/A
DpAFfED BY• MS
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b08 'OIL aDNI NTIMIO
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. 804 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 March 2005.
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 March 24, 2065 and ended March 24, 2005.
Subscribed arfd worn be 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 bethe
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.
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Tom Grote
Notary Public for Idaho
Residing at McCall, Idaho
Commission Expires 2/8/06
ORDINANCE NO: 8..04 ;
AN ORDINANCEL ANNEXING
CERTAIN =" REAL" `.PROPERTY 0-
CATEt INTIiEVNINCORPORATED .
AREA .OF VALLEY COUNTY IDA
Ho, ,A RATTOI!1TIGUOUS ;'TO THE
CORPORATE LIlVII'TS OF THE CITY
OF MCCAI=L'; IO TI3E guy...OF
MCCA%I,; : IDARO;. E8TA 3121ShING
„LHE:ZONING CI-A88 FTCATION-40F•
THEANNEXED-PROPERITAS ZONE
A. IOW; DENSITY RESIDENTIAL;
DIRECTING TEWCOPIES OF TMS
"ORDINANCE BE'FTLED A$.`PROVIDL
,ED BY LAW, FgOVIOING FOR RE-
:I,ATED MAl IbKS; AND PROVIDING
AN.E1 btsCTIV$ DATE -
WHEREAS .tlie Grit' of McCall,
Valley County Idaho rs a`<munrcipal
corporation duly .orgamzecPand operat-
ing nrider`the laws;of the State of•Idaho •
and rs' anthonzed to. annex to' and Medi--
porate r�itlun the boundaries; of the City ,
contiguous real proirerty in•the manner
grovrded hYT Pectron, 0 222 Idaho Code;
and WHEREAS; the owners _of the real :.
:property described in Seghon 2 of the
„ordinancg have reef nestedr rp writing an-
nexation,of sard.reaJ property, -to the pity. •
of McCall; and
WFIEREAS, the McCall City Coun- '
cif pursuant to public notice as required .
uy levy, Belch a pubirc heanhg on February .
'�L4 2005,oii the,proposed'anriexahonend
tomng°ffic the real.property:described in.
Section 2-150* "as regmTedi by Section
r 67 652$;'rd o. Code made' finding's as
requiredlby law and determined•that-the
v;cequested•;Mineption shoulcl, be granted •
and that the annexed property should be
zoned ZoneA=L'Ow Density, Residential..
pu0pWrit,t9 the Zornng Ordinance of the
I City-Onsi cCall
NOW, T{dEREFORE,.` BE IT OR-
DAINED. BX. ,'PIKE Wor0.1
COUNCII o.P1 CTTYOFMCCALL;.
IDATlO, as fo.119Ws ,
Section 1 The Mayor and Counctl;of
the City':,of McCall Idaho
• hereby find grid rideclare that the real.
property descnlhed,iii;Seon 2 of thus
ordinance is contiguoucri
s'toithe City, that
• ,. fie -
satil pFoperty. can, be reasonably assurrre
" "'to be used%r the orderly developinent�of.
the City, that the owner of said property
has requested m wTrting, annexapon;of
said property by'the.City;'and that the
requirements :of:Section 50-222;,ldaho
.Code for gluileXatien+of:*.4 iitopetty; •
have'been satisfied_ " __--
Section 2 3he %mall property Io-
oated'tit•ValleyCounty;'3daho particu-. •
larl�yd'escnbed;in Exhibit A whrchls
annexed heretd'and by reference;inept-
' p`orated herem'is hereby.annexedito aid
incoiporated;withm the territorial limits
of the, Citybf.MeCalli IdahFront. Froand
after the effect re date Odds ordinariee,
all po�Perty and persons gwtthin the
bouu�lcdanes and`2erritory_descnbed`above
shall be subject .to all ordinances,: reso-.
lutions regiilattons taxation, and ,other
powers of the -City oflvlcCall
Section 3 ,The zoning classification
for the propertykdescnhed ittSection 2
above rs hereby established as Zone A
Low_D".04. Residential, a(pro Pr in
i the 2omng'Ordnance ofthe City; and as
i •shown on "EitluFiit B The official zdn-..
ing;map of tiie.'CYty is;;hereby:ainended
I to include the: real property)deSetibed
• in;Sectrdrr 2'above rn the. Zone A. —Low
• 'Density -Residential zoning drstticts :'
Section 4 ,The Cit55gd.rk iK110.eliy
dtrected to file; within ten (10) days of
passage and approval of tlrrs Ordinance,
eertified copies of this.Ordrriancevvitlikhe
offiees of.tlieAuditor; Treasurer; and,As-
lessor of Valley County,.Idaho and with
�the'Idahq Safe Tax Cgmmissi9n ;Boise;
Id'alio; as required "by" Section;50 223,
Idaho Code ^and to comply Yvitit the pro
visions`of"Section 63-2215 Idaho Code,
;witlisiegard:to�the pre`paiatiori.`aud�filing
of a map -and legal description o -the:teal .
propertyannexed by. this Ordinance ; •
Section 5 This Ordinance or a suin-
znary: thereof ip compltanee With $eetion
50901A Idaho Code shall be pu{b�'lished
once andsliall`takr effect`and:be in force
from=and after,its passage approval ,and• .
pulilication
DATED the 24th dad of February, .
200$
'CITY OF McCALI:
Kirktimers Mayor
`. "A'I'I'ES`I'.'Dan Irwin, City Clerk
;.� (-sQ��
• °' �1D�Q,o�'
et=to
1 d�,1 .9 r �e �dfe °� r /°:.
'OO�`'/1 .:?; O 9 feet
a 11Thenc �d' ��,,i LSection
to the, CW, •• : , , 1? S.! 'f 67
15 .Thence 6-15 ., of':T nt 5:
feet t.A.ahg..ntiTth °° _ _ -..
esPace u vis on ,as�shoWn oii•
i;rmod. Recorder's Plat, tligeairecoYded to :
gook 4 on?P.aga, ° plat iIii:the•O£=
County;;.
fi E - 7 91 feet •. c�tof the;Itecordeo4Q 3" Y.ailey ,
TBaha Thence S 89 to;a nh{e anXg
ias.
.
comer of s?KLot5 * shover
paticulatRecSrct o 5 oeerandlih
Bookkoiipagni.04Rects,oi
rin .he Office ofthn Raly:
CoimY IdahoTh Sb0 4 o27l
;; 579 50 feetalongheastetyibundary
1 of -sad Lot;5 toa112nhreaOene;
lj 89 4Itfei V 63,10bfen tdary1of ri y.
# rebaz on.the easter►y s 0 G8
;, Road;:thence N'.p0 43 07-T 25
said easterly right o b4arri ,
°%et 'Wnel eyice T` . 89
a , .00. rebar _`iithe northerly right-
`. w -30.00-feet along
.o marking
off syontlieast�rrier of Lot 10;
mazking epee;
.....opaid 8inch..
: Nrl4: Tr •yry 4:. 46rthea$t coin*'. 01
tebai. ot.•lang the n N..',89'37530 Vc;
said Lot. •10, "Thence etl boucidaazy
11.14. feet aka* the iiO�- Y Tlii*Y
of said Lot 10 i ? 11D.in�Ti:tebat
N 00°38 47 ! Ve46411 feet to a ](.'inch
re .• .Thence NN $9°47s01 w Sections t
to the line com?nO ,t5i 7+ ti i98 TS
' and 16, Thence, N t8.*;point
feet alongsaieeprn nen1;2L94 a tes s
of.Begmmngfi °ed ia'.!1 tbf'I1e.1 oo4,-
_ a�.ei -Da ae.