HomeMy WebLinkAbout0809 Change of Land Use DistrictbA
22002971
CITY OF CHUBBUCK, IDAHO
ORDINANCE NO. _E09
AN ORDINANCE OF THE CITY OF CHUBBUCK, IDAHO, PROVIDING FOR
CHANGE OF LAND USE DISTRICT WITH RESPECT TO CERTAIN LANDS
WITHIN THE BOUNDARIES OF THE CITY OF CHUBBUCK; FROM LIMITED
RESIDENTIAL (R-2) TO GENERAL COMMERCIAL (C-2) FOR APPROXIMATELY
.4 ACRES OF LAND AT THE NORTHWEST CORNER OF EAST LINDEN AVE.
AND BURLEY DRIVE ACQUIRED BY THE CITY AND THE CHUBBUCK
DEVELOPMENT AUTHORITY AS PART OF THE CITY HALL DOWNTOWN
PROCESS; DECLARING THAT THE CITY COUNCIL FINDS THAT SUCH
CHANGE IN LAND USE PATTERN IS CONSISTENT WITH THOSE PRESCRIBED
BY THE CITY'S COMPREHENSIVE PLAN; AND PROVIDING WHEN THIS
ORDINANCE SHALL BECOME EFFECTIVE.
BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE CITY OF
CHUBBUCK, IDAHO:
SECTION 1. Change of Land Use District. The land use district established by the
Chubbuck Land Use Ordinance, with respect to the lands described below, located within the
boundaries of the City of Chubbuck, are hereby changed is hereby changed from Limited
Residential (R-2) to General Commercial (C-2) as indicated:
Approximately .4 Acres of Land at the Northwest
Corner of East Linden Ave. and Burley Drive;
legally described on the attached Exhibit,
which land was acquired by the City and the Development Authority
as part of the City Hall/Downtown Process
SECTION 2. Comprehensive Plan. The Mayor and Council find, and therefore declare,
that the foregoing changes in the Land Use Districts established in Title 18, Chubbuck Code, are
consistent with the land use pattern prescribed by the City's Comprehensive Plan for the
above-described property.
SECTION 3. Effective Date. Full, public hearings having been conducted in this matter,
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.
ORDINANCE- Page 1
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PASSED BY THE MAYOR AND COUNCIL OF THE CITY OF CHUBBUCK,
IDAHO, this 11 'f" day of 2020.
Kevin B. England, Mayor
ATTEST:
Bowers, City Clerk
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ORDINANCE - Page 2
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W",RANTY DEED
Order No.: 338004AM I
I
FOR VALUE RECEIVED
Marshall J. Dann, an unmarried person
the grantor(s), do(es) hereby grant, bargain, sell and convey unto
City of Chubbuck and Chubbuck Development Authority
whose current address is:
P.O. Bog 5604
Chubbuck, ID 83202
the grantee(s), the following described premises, in Bannock County, Idaho,
TO WIT:
A parcel of land located in the Northeast V. of Section 10, Township 6 South, Range 34 East,
Boise Meridian, Bannock County, Idaho.
It is also a portion of Lot 12 of Bonniebrae Acres and is more particulaA described as follows:
BEGINNING at the Southwest corner of said Lot 12; Thence South 89°3i '08" East along the
Northerly right of way line of Atholl Avenue (E
Linden Ave) 84.00 feet to the Southeast corner of Instrument No. 95003318, the TRUE POINT OF
BEGINNING;
Thence North 0°09'03" West parallel to the East line of Bonniebrae Acres and along the East line
of Instrument No. 95003318 a distance of 120.00 feet;
Thence North 89'32'08" West parallel to the Northerly right of way of Atholl Ave (E Linden Ave)
95.64 feet to the West line of said Lot 12; Thence North 5'41'03" West along the West line of said
Lot 12 a distance of 42.75 feet;
Thence South 89'21'11" East 184.71 feet;
Thence South 2'06'41" West 161.97 feet to an intersection with an Easterly prolongation o£ the
Northerly right of way line of Atholl Ave (E Linden Ave);
Thence North 89'32'08" West along the Northerly right of way line of Atholl Ave (E Linden Ave)
and its Easterly prolongation 78.54 feet to the TRUE POINT OF BEGINNING.
TO HAVE AND TO HOLD the said premises, with their appurtenances unto the said Grantee, heirs and
assigns forever_ And the said Grantor does hereby covenant to and with the said Grantee(s), that (s)he is/are
the owner(s) in fee simple of said premises; that they are free from all encumbrances Except Current Year
Taxes, conditions, covenants, restrictions, reservations, easements, rights and righIts of way, apparent or of
record. And that (s)he will warrant and defend the same from all lawful claims wh Itsoever.
Dated; December 4, 2019 r
Marshall J Dunn
State of Idaho ) ss
County of Bannock)
On this 5th day of December, 2019, before me, Jordan L. Kress a Notary Public in and for said state, personally
appeared Marshall J. Dunn, known or identified to me to be the person(s) whose name(s) is subscribed to the
within Instrument and acknowledged to me that he executed same.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year in this
certificate first above written.
=JJ:QR-D0A&1N4LS �blic for the State of Idaho .Re Q at: Pocatello, Idaho Commission Expires: 7/ 26/2022