HomeMy WebLinkAbout0667 Change of Land Use District - Bonniebrae Acres 2009A,09055®5
CITY OF CHUBBUCK, IDAHO
ORDINANCE NO. 6 6 7
AN ORDINANCE OF THE CITY OF CHUBBUCK, IDAHO, CORRECTING THE
LEGAL DESCRIPTION OF CERTAIN PROPERTY REZONED BY ORDINANCE
NUMBER 450 TO DECREASE THE PROPERTY REZONED THEREBY TO THE
PROPERTY OWNED BY THE APPLICANT THEREIN, AMENDING THE CHANGE
OF LAND USE DISTRICT WITH RESPECT TO CERTAIN LANDS WITHIN THE
BOUNDARIES OF THE CITY OF CHUBBUCK FROM LIMITED RESIDENTIAL (R-
2) TO INDUSTRIAL (I); AND PROVIDING WHEN THIS ORDINANCE SHALL
BECOME EFFECTIVE.
BE IT ORDAE1 ED BY THE MAYOR AND COUNCIL OF THE CITY OF
CHUBBUCK, IDAHO:
SECTION 1. Intent. Ordinance Number 450 rezoned certain property described as Lot
12, Bonniebrae Acres Subdivision from Limited Residential (R-2) to Industrial (I). The applicant
for that rezone submitted an application for rezone of all of Lot 12; however the applicant did not
own two parcels within Lot 12 described by metes and bounds legal description. Since applicant
had no authority to rezone all of Lot 12 but only that portion owned by the applicant, the legal
description for the rezoned property in Ordinance Number 450 is corrected herein to reflect the
property actually owned by applicant.
SECTION 2. Change of Land Use District. The land use district established by the
Chubbuck Land Use Ordinance, with respect to the lands described below, located within the
boundaries of the City of Chubbuck, is confirmed to be changed from Limited Residential (R-2)
to Industrial (I) with respect to the real estate described on the attached Exhibit, effective upon
the effective date of Chubbuck Ordinance Number 450.
SECTION 3. Effective Date. The rule requiring an ordinance to be read on three
separate days, one of which shall be a reading in full, is hereby dispensed with, and this
Ordinance shall become effective upon its passage, approval and publication as provided by law.
PASSED BY THE MAYOR AND COUNCIL OF THE CITY OF CHUBBUCK,
IDAHO, this 10 t May of March, 2009.
o
'Keven M. England, ' dor
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AT7T:
6-YV 0, (�LL
Ron Conlin, City Clerk
"RON C. CONLIN,DULY APPOINTED CITY CLERK
IDAHO HEREBY CERTIFY THAT THE FOREGOING
CORRECT COPY OF THE ORIGINA, ,IkJ';IJj�j TAINED
RECORDS OF THE CITY OF CH /z
SUBSCRI ED AND SWORN T( E:' l%OrAR�
THIS /17 DAY OF /71RM,,_20
t A
�%F/OF
rru�i
OF THE CITY OF CHUBBUCK,
DOCUMENT IS A TRUE AND
IN CUSTODY IN THE OFFICIAL
A
RON C. CONLIN, CITY CLERK
n
xhibit A
A2090501-05
Lot 12 of BONNIEBRAE ACRES, Bannock County, Idaho, as the same
appears on the official plat thereof, filed in the office of the
County Recorder of Bannock County, Idaho.
EXCEPT: Commencing at the Southwesterly corner tract la,
Bonniebrae Acres, a subdivision in the.WWl/4 981/4 and NB1/4 NWi/4
of Section 10,, Township 6 South, Range 34 East, Boise Meridian,
Bannock County, Idaho; thence East following the North line of
Atholl Avenue 84 feet; thence at right angles North parallel to the
East line of Lot 12, a distance of 120 feet; thence at right angles
parallel to Atholl Avenue, Fest a distance of 95 feet, more or
less, to the lateral; thence in a southeasterly direction following
the lateral to the point of beginning.
ALSO EXCEPT the East 25 feet of Lot 12 of BONNIE8RA8 ACRES.
ALSO Exam a parcel of land located in the NE1/4 of Section 10,
Township 6 South, Range 34 East, Boise Meridian, Bannock County,
Idaho. it is also a portion .of Lot 1$ of BONNIEBRAE ACRES and is
more particularly described as follows:
Beginning at the Southwest corner of said Lot 12; thence South
89.32108" East along the Northerly right of way line of Atholl
Avenue (E. Linden Ave.) 84.00 feet to the Southeast corner of
Instrument No. 95003318, the true.;point of beginning; thence North
0.09.03" west parallel to the East line of Bonniebrae Acres and
along the East line of Instrument No. 95003318 a distance of '520.00
feet;
thence North 89032108" West parallel to the Northerly right of way
line. of Atholl Ave. (Be Linden Ave.) 95.64 feet to the Vest line of
said Lot 12; thence North 814V0311 West along the West line of said
Lot 12 a distance of 42.75 feet; thence South 89021F11" East 184.71
feet; thence South 2006.41" Oest 161.97 feet to an intersection
with an Easterly prolongation of the Northerly right of way line of
Atholl Ave. (E. Linden Ave.).; thence North 8903200801 West along the
Northerly right of way line of Atholl'Ave. (E. Linden Ave.) and its
Easterly prolongation 76.54 feet to the true point of beginning.
/06%11 /'t
SUMMARY OF ORDINANCE NO. 667
An ordinance of the City of Chubbuck, a municipal corporation of the state of Idaho,
correcting the legal description of certain property rezoned by Ordinance number 450 to decrease
the property rezoned thereby to the property owned by the applicant therein as reflected on the
applicant's deed recorded as instrument number 96005685; amending the change of land use
district with respect to certain lands within the boundaries of the City of Chubbuck from Limited
Residential (R-2) to Industrial (I) effective with the effective date of Ordinance number 450; and
providing when this ordinance shall become effective; providing for the repeal of conflicting
ordinances; providing for the severability of the provisions of this ordinance; providing that this
ordinance shall be in effect after its passage, approval and publication.
The full text of this ordinance is available at the City Clerk's Office, Chubbuck City
Offices, 5160 Yellowstone, Chubbuck, ID 83202.
I have reviewed the foregoing summary and believe it provides a true and correct
summary of Ordinance No. 667 and that the summary provides adequate notice to the public of
the contents of this ordinance.
DATED this day of March, 2009,
SUMMARY OF ORDINANCE NO 667 - Page 1
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