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0483 Deannexation Vista Park/Carlsen/Scalf 1998• . 98008746 CITY OF CHUBBUCK, IDAHO ORDINANCE NO. 4£33 AN ORDINANCE OF THE CITY OF CHUBBUCK, IDAHO, DE -ANNEXING CERTAIN LANDS PRESENTLY INCLUDED WITHIN THE BOUNDARIES AND JURISDICTIONAL LIMITS OF THE CITY OF CHUBBUCK, IDAHO; DIRECTING TIIE CHUBBUCK CITY CLERK TO COMPLY WITH THE FILING REQUIREMENTS CONTAINED IN IDAHO CODE SECTION 63-2215; REPEALING PRIOR CONFLICTING ORDINANCES; PROVIDING FOR THE SEVERABILITY OF THE PROVISIONS OF THIS ORDINANCE; AND PROVIDING WHEN THIS ORDINANCE SHALL BECOME EFFECTIVE. BE IT ORDAINED BY TI4E MAYOR AND COUNCIL OF THE CITY OF CHUBBUCK, IDAHO: Section 1. Purpose. A boundary line dispute occurred between Gary H. Carlsen and Harold L. Scalf when the Vista Park Subdivision was surveyed. This boundary line dispute was subsequently settled by virtue of a settlement agreement executed between the parties and evidenced by a Quit -Claire Deed recorded as Instrument No. 97010267 in the records of Bannock County, Idaho. When the City of Chubbuck annexed the Vista Park Subdivision, it included in the annexation land that was part of the boundary line dispute. Gary H. Carlsen has provided documentation to the Chubbuck City Council showing the problem and how it originated and has requested that the City of Chubbuck delete from its jurisdictional limits that portion of property that was an c:�ed i,:to the City xvith the Vista Durk Subdivision, but which was subsequently quit claimed back to Gary H. Carlsen, by the original developer of the Vista Park Subdivision, Harold Scalff, The City Council has approved the de -annexation request at its December 9, 1997 City Council meeting; and this ordinance is necessary to formalize approval. ANNEXATION AND ZONING - Page 1 dsc chbbck03.304 i • • 48008746 5 - �- Section 2. De -annexation. The following described lands, located within Bannock County and included in the boundaries of the City of Chubbuck, Idaho are hereby de -annexed and excluded from the boundaries and jurisdictional limits of the City of Chubbuck, Idaho: See Attached Exhibit "A." Section 3. Compliance. The Chubbuck City Clerk is hereby directed to comply with the filing requirements contained in Idaho Code Section 63-2215. ADMINISTRATIVE PROVISIONS Section 1. Repeal of Conflicting, Ordinances. The provisions of any Ordinance of the City of Chubbuck, Idaho, and any provision of the Chubbuck Municipal Code which are in conflict with the provisions of this Ordinance are hereby repealed to the extent of such conflict. Section 2. Severability. If any provision of this ordinance is held invalid, for any reason, by any court of competent jurisdiction, such holding shall not affect the validity or enforceability of any of the remaining provisions. 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 COUNCIL AND APPROVED BY THE MAYOR OF T1 -IE CITY OF CHUBBUCK, IDAHO, this 28th. day of APRIL , 1998. MYRNA L CRAPO, NOTARY PUBLIC CITY OF CHUBBUCk STATE OF IDAHO MY COMMISSION EXPIR 3/23/99 A. AYOR ATTEST: - "" "I, Ron C. Conlin, duly appointed City Clerk for the 4.. City of Chubbuck, Idaho, hereby certify that the fore- / going document is a true and correct copy of the CITY CLERK original maintained in my custody in the official records of the City of Chubbuck. ANNEXATION AND ZONING - Page 2 dsc chbbck03.304 Subscribed and rn �fO4m thi, 1998. �Ro C. Conlin, City 1st. day of May, Clerk EXHIBIT A PARCEL 1: 5___3 J8008746 A parcel of land in the Southwest quarter of Section 2, Township 6 South, R --ng- 34 Fast, Poise Meridian, adjacent to Lots 3, 4,'5 and 6 Block 4 Vista Park Subdivision, described as follows: BEGINNING at the Noid.�west corner of T of 2 Block 4 Vista Park Subdivision, a subdivision recorded in the records ' of Bannock County as instrument 94016649; thence North 01000'49" West along the West 1/16th line of Section 2 for a distance of 340.00 feet to the Southwest corner of Lot 7 Block 4 Vista Park Subdivision; thence North 89002'53" East for a distance of 20.00 feet to the Northwest corner of Lot 6 Block 4 Vista Park Subdivision; thence South 01000'49" East along the West boundary line of Vista Park Subdivision for a distance of 340.00 feet to the Southwest Corner of Lot 3 Block 4 Vista Park Subdivision; thence South 89002'53" West for a distance of 20.00 feet to the point of beginning. PARCEL 2: A strip of land 12 feet wide and 305 feet long located in the Southwest quarter of Section 2, Township 6 South, Range 34 East, Boise meridian, more e particularly described as follows: BEGINNING at the Northwest corner of Vista Park Subdivision, a subdivision recorded in the records of Bannock County as instrument number 94016649; thence North 89002'53" East along the North boundary line of Vista Park Subdivision for a distance of 12 feet; thence North 01000'49" West for a distance of 305 feet, more or less, to a point in the South boundary line of the land described in instrument number 517741; thence Westerly for a distance of 12 feet, more or less, to the Southwest corner of the land described in instrument number 517741; thence South 01000'49" East along the West 1/ 16th line of Section 2, Township 6 South; Range 34 East, Boise Meridian for a distance' of 305 feet, more or less, to the point of beginning. 0 Q5 co N j5�W19 09 Lol9� X609 6109 X9009 7 Nln d- N —cO Z N 00 N i") d- ,n 0 c ^ co rn 0 N - ...... m -Nn 6198119 6119 1019, Q Ln �1_OL0919505Lz, 05 18Z09� 1051000. 686ti . 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