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0726 Land AnnexationG -A 21815657 CITY OF CHUBBUCK 2 1 8 1 gb51 z010.0�'.T: 33 Pit:05 CITY OF CHUBBUCK, IDAHO ORDINANCE NO. % A '� AN ORDINANCE OF THE CITY OF CHUBBUCK, IDAHO, ANNEXING CERTAIN LANDS WHICH ARE PART OF WEST CHUBBUCK ROAD BUT WHICH ARE NOT CURRENTLY IN THE CITY BUT THE OTHER ONE-HALF OF THE ROAD IS WITHIN THE CITY LIMITS DUE TO THE ANNEXATION OF BROOKSTONE ESTATES DIVISION ONE; SAID PORTIONS OF THE ROAD WITH ANNEXATION TO BE INCLUDED WITHIN THE BOUNDARIES AND JURISDICTIONAL LIMITS OF THE CITY OF CHUBBUCK, IDAHO; SPECIFYING THE ZONING CLASSIFICATION WHICH SHALL BE APPLIED TO SAID LANDS NEWLY ANNEXED TO THE CITY OF CHUBBUCK; DIRECTING THE CHUBBUCK CITY CLERK TO RECORD THE ORDINANCE WITH BANNOCK COUNTY; 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 THE MAYOR AND COUNCIL OF THE CITY OF CHUBBUCK, IDAHO: Section 1. Annexation. The following described lands, located within Bannock County and contiguous to the existing boundaries of the City of Chubbuck, Idaho are hereby annexed and included within the boundaries and jurisdictional limits of the City of Chubbuck, Idaho: See Attached Exhibit This annexation is necessary because with the annexation of Brookstone Estates Division One, one-half of West Chubbuck Road is included within the City and the other one-half of the road is outside of the city limits lying within Bannock County. This creates jurisdictional issues with respect to law enforcement and maintenance and the City has determined that it would be in the best interest of the City, the residents, and the residents using those roads as well as Bannock County to annex the other one-half of those roads into the City. Section 2. Zoning. The above-described lands newly annexed to the City of Chubbuck, Idaho, shall be subject to a designation of City of Chubbuck street right of way for purposes of zoning. Section 3. The Chubbuck City Clerk is hereby directed to cause the ordinance to be recorded in the records of Bannock County. ANNEXATION AND ZONING - Page 1 chubbuck 090413 road annex.wpd �..�" � 21815 657 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and any provision of the Chubbuck Municipal Code which are in conflict with the provisions of this Ordinance are hereby repealed to the extent of such conflict.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 frill, is hereby dispensed with, and this Ordinance shall become effective upon its passage, approval and publication as provided by law. PASSED BY THE COU�4CIL AND APPRQVED BY THE MAYOR OF THE CITY OF CHUBBUCK, IDAHO, this q-11 day of Rpk4-AWA- 2013. } ven M. England, NgYOR ATTEST: Richard Morgan, OTY CLERK ANNEXATION AND ZONING - Page 2 chubbuck 090413 road annex.wpd CHUBBUCK 1 0 1 H 0 PO Box 5604 — 5160 Yellowstone Avenue, Chubbuck, ID 83202 STATE OF IDAHO :SS County of Bannock ) 2.$.1565'7 208.237.2400 fax 208.237.2409 www.CitvofChubbuck.us I certify that this is the original of an official ordinance of the City of Chubbuck, Idaho executed in the ordinary course of business by the Mayor and City Clerk of the City of Chubbuck at the time of execution. Dated: 0(40bq'r Z, -S, 2j s �N����QN BOW�r9�! �Og OtARY Pus`.% IOA��.�� 4O PUBLIC -STATE OF IDAHO M ommission Expires: Z 21815657 A Company of Geomatics Professionals Exhibit A City of Chubbuck Annexation Parcels Parcel 1 A parcel of land lying in the Southwest Quarter of the Southeast Quarter of section 5, Township 6 south, Range 34 East, Boise Meridian, Bannock County, Idaho, more particularly described as follows; Commencing at the Southeast corner of Section 5, Township 6 South, Range 34 East, Boise Meridian, Bannock County, Idaho; Thence along the South line of said Section 5 South 89°43'20" West 1305.03 feet to the East 1/16 corner on Said South line to the Point of Beginning; Thence along the South line of Said Section 5 South 89°43'20" West 320 feet; Thence North 00°06'24" West 25.00 feet; Thence North 89°43'20" East 320 feet along a line parallel to and 25.00 feet northerly from said South line; Thence South 00°06'24" East 25.00 feet to the Point of Beginning; Containing f 0.18 Acres Parcel 2 A parcel of land lying in the Northeast Quarter of Section 8, Township 6 south, Range 34 East, Boise Meridian, Bannock County, Idaho, more particularly described as follows; Commencing at the Northeast corner of Section 8, Township 6 South, Range 34 East, Boise Meridian, Bannock County, Idaho; Thence South 89143'20" West along the North line of Section 8, 1305.03 feet to the East 1/16 corner on said North line to the Point of Beginning; Thence South 0'18'13" West 25.00 feet; Thence South 89143'20" West 344.34 feet along a line parallel to and 25.00 feet south of said North line; Thence North 1'26'04" West 25.00 feet; Thence North 89143'20" East along North line of Section 8, 345.10 feet to the Point of Beginning; Containing f 0.20 Acres RTB/JSG August 6, 2013 4 73 7 Afton Place, Suite B 152 East Main, Suite 105 Chubbuck, Idaho 83202 Rigby, Idaho 83442 208-237-7373 208-745-0000 1 41". u 21815657 SUMMARY OF ORDINANCE NO. An ordinance of the City of Chubbuck, a municipal corporation of the state of Idaho, annexing certain lands which are part of West Chubbuck Road but which are not currently in the city but the other one-half of the road is within the city limits due to the annexation of Brookstone Estates Division One ; said portions of the road with annexation to be included within the boundaries and jurisdictional limits of the City of Chubbuck, Idaho; specifying the zoning classification which shall be applied to said lands newly annexed to the city; directing the Chubbuck City Clerk to record the ordinance with Bannock County providing for the repeal of conflicting ordinances; providing for the severability of the provisions of this ordinance; providing when this ordinance shall be in effect. The full text of this ordinance is available at the City Clerk's Office, Chubbuck City Offices, 5160 Yellowstone, Chubbuck, ID 83202. I have reviewed the foregoing summary and believe it provides a true and correct summary of Ordinance No. and that the summary provides adequate notice to the public of the contents of this ordinance. DATED this day of SUMMARY OF ORDINANCE NO._ - Page 1 CHUBBUCK 090413 SUM ROAD ANNEX.wpd 2013. Thomas J. Holmes, City Attorney