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0809 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 chubbuck 012720 city hail rezone ord.wpd q?, 1✓ 22002971 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 REGOii�ED ;�T ��� FEE._..,O— n Y IDA" Z2002qli 1 � 3 2 0 FEB20 P t ORDINANCE - Page 2 chubbuck 012720 city hall rezone ord.wpd 220,0297:2 A M" ir ih II e 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