HomeMy Public PortalAboutOrd. 813 - Amend Ord. 804 - Annexation- Zone A Low DensityORDINANCE NO. 813
AN ORDINANCE OF THE CITY OF McCALL, VALLEY COUNTY, IDAHO
AMENDING ORDINANCE NO. 804 ADOPTED ON FEBRUARY 24, 2005
RELATING TO THE ANNEXATION OF 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, AND ESTABLISHING THE ZONING
CLASSIFICATION OF THE ANNEXED PROPERTY AS ZONE A — LOW DENSITY
RESIDENTIAL; CORRECTING CLERICAL ERRORS IN THE LEGAL
DESCRIPTION OF THE PROPERTY DESCRIBED IN EXHIBIT A OF SAID
ORDINANCE; PROVIDING FOR RELATED MATTERS; AND PROVIDING FOR
AN EFFECTIVE DATE.
WHEREAS, on February 24, 2005, the Mayor and Council of the City of McCall
adopted Ordinance No. 804 approving the annexation of 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; and
WHEREAS, clerical errors in the legal description described in Exhibit A of
Ordinance No. 804 designating the boundaries of the real property were identified
resulting in the omission of a closure accuracy of at least one (1) part in five thousand as
required by IDAPA 35.01.03.225.04; and
WHEREAS, The Mayor and Council of the City of McCall now desire to correct
the clerical errors in Ordinance 804 in order to provide for an amended and corrected
legal description.
BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE CITY OF McCALL,
VALLEY COUNTY, IDAHO, as follows:
Section 1:
The Mayor and Council hereby find and declare that Exhibit "A" of Ordinance No. 804
adopted on February 24, 2005 contained clerical errors and said Exhibit "A" shall be
corrected and amended as shown in the attached legal description labeled Exhibit "A" of
this Ordinance, which is incorporated herein by this reference.
Section 2.
All Ordinances or parts thereof in conflict herewith are hereby repealed.
Section 3.
This Ordinance shall take effect from and after its passage, approval, and publication and
shall relate back to the date of adoption of Ordinance No. 804 on February 24, 2005.
PASSED BY THE CITY COUNCIL and approved by the Mayor this 14L day of June,
2005.
By:N'1�v
Kirk Eimers, Mayor
ATTES
Dan Irwin, City Clerk
ORDINANCE NO. 813
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'O1" 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" E, 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.
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. 813 is a true and correct copy of an
ordinance passed at a regular meeting of the Council of the City of McCall
held on June 9, 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 day of J„� 2005.
Dan Irwin, City Clerk
_a« 3ONVNIONO NOLLVX3NNV aO AO AND m
ANNEXATION MAP
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April 30, 2005
STATE
(For The (PeopG3 c f Idaho
TAX COMMISSION
800 Park Blvd., Plaza IV • Boise. ID • 83722
Dan Irwin
McCall City Clerk
216 East Park St
McCall, ID 83638
Subject: Ordinance No. 804 MCCALL (CITY)
Dear Mr. Irwin:
The Tax Commission has received and reviewed the above referenced action. This review cannot be completed because it
does not comply with legal description and mapping requirements.
Legal does not close
This annexation does not meet the requirements of Idaho Code, 63-215 or IDAPA 35.01.03,225.03 listed below. The
following citations list and define the required actions:
1. Idaho Code. 63-215 requires:
a. A copy of the legal description designating the boundaries,
b. A map, prepared in a draftsman like manner, which plainly and clearly designates the boundaries, and
c. Both the legal description and map must be submitted to the Tax Commission within ten (10) days of the effective
date of the annexation.
IDAPA 35.01.03.225.03 defines a legal description to be a definite boundary which:
a. Is described by metes and bounds,
b. Can be mapped on a tax code area map, and
c. Includes
I. Section, Township, Range, and Meridian,
ii. An initial point,
iii. A true point of beginning, and
iv. A closure accuracy of at least one (1) part in five thousand (5,000)
3. IDAPA 35.01.03.225.04 defines a map prepared in a draftsman like manner as "an original graphic
representation or precise copy matching the accompanying legal description and drafted to scale using standard
mechanical drawing instruments or a computer."
Before this annexation can be processed for the 2006 year, the discrepancies listed need to be corrected. Thank you for your
attention to the required legal descriptions and mapping requirements. If you have any questions, please call me at (208)
334-7750.
Sincerely,
ATZ7b-1414,2E5---
Jeff Servatius
GIS Manager
Technical Support Bureau, Idaho State Tax Commission
CC:
Karen Campbell, Valley County Assessor
Lee Heinrich, Valley County Clerk
Equal Opportunity Employer
Hearing Impaired Callers TDD 1-800-377-3529
CITY OF MCCALL
June 23, 2005
Idaho State Tax Commission
P.O. Box 36
Boise, ID 83722
Leland Heinrich, Valley County Clerk
P.O. Box 1350
Cascade, ID 83611
Karen Campbell, Valley County Assessor
P.O. Box 1350
Cascade, ID 83611
Glenna Young, Valley County Treasurer
P.O. Box 1350
Cascade, ID 83611
Dear County and State Officials,
Pursuant to the provisions of Idaho Code 50-223, I have enclosed a certified copy of McCall City
Ordinance No. 813 to file with your office. The Ordinance corrects the legal description
contained in Ordinance No. 804 that was sent to your office on March 29, 2005.
Should you have any questions, feel free to contact me at your convenience.
Sincerely,
Dan Irwin
City Clerk
City of McCall
(208) 634-4874
dirwin@mccall.id.us
216 East Park Street • McCall, Idaho 83638 • (208) 634-7142 • FAX (208) 634-3038