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0272 Deannexation Chubbuck Road/Alturas Park 1985759183 ORDINANCE NO. 272 CITY OF CHUBBUCK, IDAHO AN ORDINANCE OF THE CITY OF CHUBBUCK, IDAHO, AMENDING ORDINANCE NO. 264, TO PROVIDE A CORRECT LEGAL DESCRIPTION OF THE LANDS TO BE DE-ANNEXED PURSUANT TO SAID ORDINANCE; PROVIDING THAT DE-ANNEXATION SHALL NOT RELIEVE ANY TERRITORY EXCLUDED FROM THE LIMITS OF THE CITY FROM ITS LIABILITY ON ACCOUNT OF ANY OUTSTANDING BONDED OR OTHER INDEBTEDNESS OF THE CITY; PROVIDING THE TERRITORY SO-EXCLUDED FROM THE LIMITS OF THE CITY SHALL BE AND REMAIN UNDER THE JURISDICTION OF THE CITY FOR THE PURPOSE OF COLLECTING ANY SUCH INDEBTEDNESS; PROVIDING THAT THIS ORDINANCE SHALL BE FILED IN COMPLIANCE WITH THE PROVISIONS OF IDAHO CODE SECTION 63-2215; REPEALING ALL PRIOR ORDINANCES IN CONFLICT WITH THIS ORDINANCE, TO THE EXTENT OF SUCH CONFLICT; PROVIDING FOR THE SEVERABILIT¥ OF THE PROVISIONS OF THIS ORDINANCE; AND PROVIDING WHEN THE ORDINANCE SHALL BECOME EFFECTIVE. BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE CITY OF CHUBBUCK ~ IDAHO: SECTION 1: Amendment. Ordinance No. 264 .of the City of Chubbuck, Idaho, enacted on the 28th day of May~ 1985, is hereby amended by the repeal, in its entirety, of SECTION 1 of said Ordinance, and the substitution therefor of the following: SECTION lg Deannexation. The foil©wing described lands~ located withi~ Bannock Ccuuty and heretofore located in the City of Chubbuck, are hereby excluded from the jurisdiction limits of the City of Chubbuck, Idaho: See Exhibit A which is attached hereto and incorporated by reference as though set forth in full hereinafter. SECTION 2: Alteration of Boundaries. The boundaries of the City of Chubbuck are hereby altered to exclude therefrom the real property described in Section 1 hereof. SECTION 3: Continuinq Liability For Outstanding Indebtedness. The exclusion of the property described in Section 1 from the boundaries of the City shall not relieve such territory ORDINANCE - Page 1 ja 3K-50 from its liability on account of any outstanding bonded or other indebtedness of the City or of any bonded or other indebtedness of any improvement district of which the excluded territory--is an- existing part at the time of the passage of the ordinance. For the purpose of collecting any of the indebtedness specified herein, the territory so excluded shall be and remain under the jurisdiction of the City pursuant to the provisions of Idaho Code Section 50-225. SECTION 4: Filing. The Chubbuck City Clerk is hereby directed to comply with the filing requirements contained in Idaho Code Section 63-2215. SECTION 5: Repeal. All prior ordinances which conflict irreconcilably with this Ordinance are hereby repealed to the extent of such conflict. SECTION 6: Severability. If any provision of this Ordinance shall be held invalid for any reason by a Court of competent jurisdiction, such holding shall not affect'the validity of the remaining provisions. SECTION 7: Effective Date. The rule requiring ordinances to be read on three separate days, of which One reading shall be a reading in ful!~ is hereby dispensed with and this Ordinance shall become effective upon passage approval and publication as provided by law. PASSED BY THE COUNCIL AND APPROVED BY THE MAYOR OF THE CITy' OF CHUBBUCK, IDAHO this 8th ATTEST: CITY CLERK ORDINANCE - Page 2 ja 3K-50 day of October ~ 1985. MAYOR R~COROER Ai City of Chubbuck FEE~ 9g_ DEPUTY- 7591 3 HERI'IAGE WEST DEANNEXATION A parcel of land being a portion of the EaSt Southwest 1/~ of Section 4, Township 6 South, Range 34 East, Boise Meridian, Bannock County, Idaho and more particularly described as follows: Commencing at the Southwest corner of the said Southwest 1/4 of Section 4: Thence, South'89 51' 04" E~st 1329.95 feet along.the Southerly boundary of the said Southwest i/4 of Section ~, which is also the centerline o£ Chubbuck Road~ to an iron pin. Thence, North 0~ 24' 38" West 945.75 feet to a 5/8" iron pin marking the Northwest corner of Heritage West No. i Sub- division, which point is the Point of Beginning. Thence, continuing on the same bearing, e distance o£ 1705.80 £eet to a point on the latitudinal center line of Section 4. Thence, North 89u 55' 56" East 811.61 feet to the North- west corner of Aituras Park ~ubd~vision, (as filed for record the office of' the Bannock Count? <'e,sordex', Po,2atellc,, idaho~ Book 9 of Plats at page 45). Thence, South 0~ !3& 40" E~st 1591.54 feet along the West- erly boundary o£ Alturas Park Subdivision., to the-N~f~heaat corner of Heritage'West No. 1 Subdivision. Thence, ~outh 89° 46' 20" West 150.00 feet. Thence, South 0° 13~ 40" East 10.00 feet. Thence, South 89~ 46' 20'~ ~est 98.85 feet. Thence, South S4° 56' 20" West 222.97 feet. Thence, North 55° 03~ 40, West 100~00 feet. Thence, South 3~e 56' 20" West 80.00 feet. Thence, North 55° OS~ 4C~ !dost 50.00 Thence, South 84~ 56' 20" ~)est 45,00 'feet. Thence, North 62° 15' 00" West 120.00 feet. Thence,. North 73~ 00' 00" West 134.32 feet to the Northwest corner o£ Heritage West No. 1 Subdivision, the of Beginning.