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0264 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 ORDINANCE - Page 1 ja 3K-39 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 ORDINANCE- Page 2 ja 3K-39 759152 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. ORDINANCE - Page 3 ja 3K-39 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. ORDINANCE - Page 4 ja 3K-39