HomeMy WebLinkAbout0483 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.
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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with the provisions of this Ordinance are hereby repealed to the extent of such conflict.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
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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.
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