HomeMy WebLinkAbout0264 Deannexation Chubbuck Road/Alturas Park 1985ORDINANCE NO. 264
CITY OF CHUBBUCK, IDAHO
AN ORDINANCE OF THE CITY OF CHUBBUCK, IDAHO' EXCLUDING FROM
THE BOUNDARIES OF THE CITY A PORTION OF THE TERRITORY HERETOFORE
ANNEXED INTO THE CITY PURSUANT TO ORDINANCE NO. 212; PROVIDING
'THAT DEANNEXATION SHALL NOT LEAVE 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
SEVERABILITY 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
CHUBBUCKt IDAHO:
SECTION 1: Deannexation. The following described lands,
located within Bannock County and heretofore located in the City
of Chubbuck, are hereby excluded from the jurisdiction limits of
the City of Chubbuck, Idaho:
Parcel I: A parcel of land in the East 1/2, SW1/4,
Section 4~ Township 6 South~ J~al~ge 34 E.B,M~ Bannock
County, Idaho, and more particularly described as fol-
lows: Beginning at a point on the South line of
Section 4, Township 6 South, Range 34 E.B.M., said
point being South 89054' East, 2,133.00 feet from the
Southwest corner of said Section 4; thence North 0007' ."/
West, 2,635.10 feet, more or less, to a point on the
latitudinal centerline of said section 4; South 89053'
West along the latitudinal centerline of said Section 4,
813.93 feet, more or less, to the West 1/16 corner on
the latitudinal centerline of said Section 4; thence
South 0°11' East along the West 1/16 line, 2,632.00
feet, more or less, to the West 1/16 corner on the South
line of said Section 4; thence South 89°54' East along
said South line, 810.21 feet, more or lesst to the Point
of Beginning. EXCEPT: Beginning at a Railroad Spike
marking the Southwest corner of the SW1/4 of Section 4,
Township 6 South Range 34 E.B.M., Chubbuck, Bannock
County, Idaho; thence South 89~51'04'' East, 1,322.95
feet along the Southerly boundary of the said SW1/4 of
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Section 4 which is also the centerline of Chubbuck Road,
to an iron pin marking the Southwest corner of the SE1/4
of the said SW1/4 of Section 4; thence continuinG South
89°59'04'' East 7.00 feet along the said Southerly
boundary of the SW1/4 of Section 4 to a brass cap, also
said point beinG the real point of beginninG;~he~c~._
along the followinG courses and distances to iron pins:
continuing South 89051'04'' East 803.16 feet along the
said Southerly boundary of the SE1/4 of the SW1/4 of
Section 4 to a point~ said point bears North 89°51'04~
West 512.79 feet from an iorn pin marking the Southeast
corner of the said SE1/4 of the SW 1/4 of Section 4;
thence North 0°1340'' West 1,063.01 feet along th
extended Easterly boundary and the Westerly boundary of
Alturas Park, a subdivision, as filed for record in the
office of the Bannock County Recorder, Pocatello, Idaho,
in Book 9 of plats at page 45; thence South 89°46'20"
West, 150.00 feet; thence South 0°13'40" East 10.0 feet;
thence South 89"46'20" West 98.85 feet; thence South
34056'20" West 222.97 feet; thence North 55~03'40'' West
100.00 feet; thence South 34056'20" West 80.00 feet;
thence North 55~03'40'' West ~0.00 feet; thence South
34~56'20'' West 45.00 feet; thence North 55°03'40" West
100.00 feet; thence South 34~56'20"; thence North
55"03'40'' West 50.00 feet; thence South 34°56'20!~ West
45°00 feet; thence North 62015'00'' West 120.00 feet;
thence North 73000'00'' West 134.32 feet; thence South
0°24'38'' East 945.75 feet to the Point of Beginning.
EXCEPT: A parcel of land beinG a portion of the El/2 of
the SW1/4 of Section 4, Township 6 South, Range 34
E.B.M., Bannock County, Idaho and more particularyly
described as follows: Beginning at a railraod spike
marking the Southwest corner of the said SW1/4 of
Section 4; thence South 89°51~04" East ]~329.95 feet
alonG the Southerly boundary of the said SW1/4 of
Section 4, which is also the centerline of Chubbuck
Road, to an iron pin, also said point beinG the Real
Point of Beginning; thence North 0024'38'' West 1484.87
feet; thence North 89~57'12" West 3.72 feet; thence
South 0°17'03'' East 1484.83 feet along the Westerly
boundary of the East 1/2 of the SE1/4 of Section 4 to an
iron pin marking the Southwest corner of the said El/2
of the SW1/4 of Section 4; thence South 89051'04'' East
7.00 feet along the Southerly boundary of the said El/2
of the SW1/4 of Section 4 to the point of beginning.
SUBJECT TO: A 25.00 foot right-of-way lying 25.00 feet
Northerly of and adjacent with the Southerly boundary of
the above described parcel of land. AND ALSO EXCEPT: A
parcel of land being a portion of the El/2 of the SW1/4
of Section 4, Township 6 South, Range 34 E.B.M., Bannock
County, Idaho and more particularly described as
follows: BeginninG at a railroad spike, marking the
Southwest corner of the said SE1/4 of Section 4; thence
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South~ 89°51'04" East 1~329.95 feet along the Southerly
boundary of the said SW1/4 of SectioD 4r which is also
the centeriine of Cbubbuck ~oad~ to ~n irc~ ~in; thence
North 0o24'38" West 1484.8'2 feet to the Real Point of
Beginning; thence continuing North 0024'38" West 1166.68
feet to an iron pin on the Northerly boundary of the
El/2 of the SW1/4 of Section 4; thence South 89°55'56"
West 1.15 feet along the said Northerly boundary of the
El/2 of the SW1/4 of Section 4 to an iron pin marking
the Northwest corner of the said El/2 o~ the SW1/4 of
Section 4; thence South 0°17'03'' East 1166.66 feet along
the Westerly boundary of the said El/2 of the SW1/4 of
Section 4; thence South 89~57~12'' East 3.72 feet to the
Point of Beginning.
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: Continuing Liability For Outstandinq
Indebtedness. The e~clusion of the property described in Section
1 from the bc~undaries of the City sinai], not re]~.eve such territory
from its liability on account of auy 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: ~epeal. 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.
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SECTION 7: Effective Date. The rule requiring ordinances
to be read on three separate days~ one of which shall be a reading
in futZ,, is hereby dispensed wit~:, arid ti~is Ordi:~ance shall become
effective upon passage approval and publication as provided by
law.
PASSED BY THE COUNCIL AND APPROVED BY THE MAYOR..OF__'-£HE CITY
OF CHUBBUCK, IDAHO this 28th day of May , 1985.
MAYOR
CITY CLERK
~,, ~32
....
LARRY W. ~H,~:.N R:.uORu~
FEE 8.
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