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HomeMy WebLinkAbout0835 Deannexed LandInstrument N 22120291 Bannock County, Pocatello, Idaho 09/08/2021 01:5556 PM No. of Pages: 5 Recorded for: CITY OF CHUBBUCK Jason C. Dixon Fee: $0.00 Deputy: jmcdonald CITY OF CHUBBUCK, IDAHO ORDINANCE NO. 8.3;� AN ORDINANCE OF THE CITY OF CHUBBUCK, IDAHO, DEANNEXING CERTAIN LANDS LOCATED SOUTH OF CHUBBUCK ROAD AND EAST OF INTERSTATE 15 FROM THE BOUNDARIES AND JURISDICTIONAL LIMITS OF THE CITY OF CHUBBUCK, IDAHO AS MORE PARTICULARLY DESCRIBED ON THE ATTACHED EXHIBIT; 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. Purpose. The owners of the land described on the attached Exhibit petitioned the City for their properties to be deannexed from the boundaries of the City on the basis utilities could not be provided. After a thorough review of the costs of providing utilities, both from Chubbuck and from Bannock County and the City of Pocatello to the subject properties, the City concluded that while utilities could be provided, the costs of doing so and maintaining the infrastructure in perpetuity made it not in the best interests of the City to retain those properties within the city limits, particularly since these properties are isolated from the remainder of the City by Interstate 15. The City did determine however the properties should be served by a municipal wastewater collection service and not by septic systems and required, as a condition of deannexation, that the property owners enter into a Deannexation Agreement, which was done and has been recorded as Instrument Number 22118864 in the records of Bannock County. Section 2. Deannexation. The following described lands, located within the existing boundaries of the City of Chubbuck, Idaho are hereby deannexed and excluded from the boundaries and jurisdictional limits of the City of Chubbuck, Idaho: See attached Exhibit for legal description Section 3. Recording. The Chubbuck City Clerk is hereby directed to cause the ordinance to be recorded in the records of Bannock County. DEANNEXATION ORDINANCE - Page 1 chu66uck OB2521 dean nex ord wpd 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 full, is hereby dispensed with, and this Ordinance shall become effective upon its passage, approval and publication as provided by law. PASSED BY THE COUNCIL AND APPROVED BY THE MAYOR OF THE CITY OF r CHUBBUCK, IDAHO, this day of September, 2021. —��JK � - J1 Kevin B. Englanll, R ATTEST: Joe s, MY CLERK DEANNEXA7IDN ORDINANCE -Page 2 chuhhuck 082521 deannex ord.wpd MMES Engineers . Surveyors - Planners 30158Th 51 W. #fJ8 • W11115fon, NO 58801 + 170f/ 572.0f 10 800 E. Oak A . Pocatello, ID 83201 • t=j 234.01 fO www.rmes.biz LEGAL DESCRIPTION - DE -ANNEXATION OF LANDS NEAR THE BANNOCK COUNTY FAIRGROUNDS THE DE -ANNEXATION OF LANDS SITUATED IN THE CURRENT CITY OF CHUBBUCK CITY LIMITS AS DESCRIBED IN CITY OF CHUBBUCK ORDINANCE NO. 52, INCLUDING A PORTION OF THE CHUBBUCK ROAD RIGHT-OF-WAY, LOCATED WEST OF FAIRGROUNDS ROAD, AND EAST OF INTERSTATE 15, INCLUDING LOT 2, BAYVIEW SUBDIVISION, AS THE SAME APPEARS ON THE OFFICIAL PLAT THEREOF, RECORDED MAY 28TH, 1998 AS INSTRUMENT NO. 98010206, BANNOCK COUNTY, IDAHO, AND ADDITIONAL LANDS LOCATED IN THE NORTHEAST 1/4 OF SECTION 11, TOWNSHIP 6 SOUTH, RANGE 34 EAST, BOISE MERIDIAN, BANNOCK COUNTY, IDAHO, DESCRIBED MORE PARTICULARLY AS FOLLOWS: COMMENCING AT THE NORTHEAST CORNER OF SECTION 11, TOWNSHIP 6 SOUTH, RANGE 34 EAST, BOISE MERIDIAN, BEING MONUMENTED BY AN ALUMINUM CAP MONUMENT SET IN A MONUMENT VAULT AS DESCRIBED IN CORNER PERPETUATION RECORDED UNDER INSTRUMENT NO. 20520365; THENCE NORTH 89°44'11" WEST (BASIS OF BEARINGS PER THE EAST ZONE OF IDAHO STATE PLANE COORDINATE SYSTEM), ALONG THE NORTH LINE OF SECTION 11, A DISTANCE OF 35.01 FEET TO THE POINT OF BEGINNING; THENCE SOUTH 009'44" EAST, PARALLEL WITH AND 35.00 FEET WEST OF THE EAST LINE OF SECTION 11, ALONG THE WEST BOUNDARY LINE OF THAT PORTION OF THE RIGHT-OF-WAY LINE OF FAIRGROUNDS ROAD WHICH WAS PREVIOUSLY DE -ANNEXED PER CITY OF CHUBBUCK ORDINANCE NO. 0811, RECORDED UNDER INSTRUMENT NO. 22007413, A DISTANCE OF 2664.37 FEET TO A POINT ON THE NORTH BOUNDARY LINE OF A PARCEL OF LAND BELONGING TO JMAXX HOLDINGS LLC, AS DESCRIBED IN WARRANTY DEED RECORDED UNDER INSTRUMENT NO. 22107962, BEING MONUMENTED BY A 3" BANNOCK COUNTY BRASS CAP MONUMENT AFFIXED TO A 1" PIPE; THENCE NORTH 89°51'12" WEST, LEAVING SAID RIGHT-OF-WAY LINE, A DISTANCE OF 679.32 FEET, MORE OR LESS, TO A POINT ON THE EAST RIGHT-OF-WAY LINE OF 1-15 PER FEDERAL AID PROJECT NO. 1-15-2(3)71, AND AN IDAHO TRANSPORTATION RIGHT-OF-WAY MONUMENT SET IN CONCRETE; THENCE NORTH 5005'49" WEST, ALONG SAID RIGHT-OF-WAY LINE, A DISTANCE OF 1869.35 FEET TO THE SOUTHWEST CORNER OF LOT 1, BAYVIEW SUBDIVISION; THENCE NORTH 65`44'30" EAST, ALONG THE SOUTH BOUNDARY LINE OF SAID LOT 1, A DISTANCE OF 158.80 FEET TO THE SOUTHEAST CORNER OF SAID LOT 1; Focused on Solutions Civil 0 Environmental ♦ Transportation 4 Planning ♦ Land Development 1 Municipal + Surveying THENCE NORTH 5005'49" WEST, ALONG THE EAST BOUNDARY LINE OF SAID LOT 1, A DISTANCE OF 676.53 FEET TO THE NORTHEAST CORNER OF SAID LOT 1, BEING A POINT ON THE SOUTH RIGHT-OF-WAY LINE OF CHUBBUCK ROAD; THENCE NORTH 0015'49" EAST, LEAVING THE SOUTH RIGHT-OF-WAY LINE OF CHUBBUCK ROAD, A DISTANCE OF 65.02 FEET TO A POINT ON THE NORTH LINE OF SECTION 11; THENCE SOUTH 89044'11" EAST, ALONG THE NORTH LINE OF SECTION 11, A DISTANCE OF 752.88 FEET TO THE POINT OF BEGINNING, SAID PARCEL. CONTAINS 45.94 ACRES, MORE OR LESS. Focused on Solutions Civil 4 Environmental 4 Transportation f Planning 4 Land Development 4 Municipal Surveying NORTH 114 CORNEROF SECTION I LPOUNOMONUMeNT IN VAULT AS DESCRIBED IN CFBFINST, NO 2062MU 2 B. f BASIS NF9EAN/Ntl THE NORTH LINE OF SECTION 11 WAS ASSUMED TORE NORTH 89°44'11' WEST BETWEEN THE NORTH 114 COMES AND THE NORTHEASTCORNER OF SECTION 11 PER CITYOF POCATELLO DATUM BASEO ON THECENTNV. MERIOW6 OF IDAHO STATE PLANE EAST ZONE COORDINATE SYSTEM, DISPLAY MAP FOR: DE-ANNEXAVON OF LANps FROM THE C7YY OF CHUSSUCK INTO BANNOCK COUNYY EWOl400rs > so~," 6 PIDMOIS DISPLAY MAP FOR: OE ANNEXATION OF LANDS FROM THE CITY OF CHUBBUCK INTO BANNOCK COUNTY LOCATED IN THE NORTHEAST 114 OF SECTION 11. TOWNSHIP 8 SOUTH, RANGE 34 EAST, BOISE MERIDIAN, BANNOCK COUNTY, IDA 10 OylCSC4Ll1 300 0 100 200 NORTH I Inco=200' WHEN PRINTED gp 10'X24' SEE RECORD OF SURVEY FON PORTNEAUPOEVELOPMENT NT OF POI INST. N0.21617876 BEGINNING AND ALSO RECOR D OF SURVEY FOR FORTNEUF DEVELOPMENT \t NO, 21S 78 ' BL AP STAMPED G2' ALUMINUM CPP STAMPED "GHA PLC W,167" MR.NN ry DAHO P n'', J'7nnL u� SECTIONCORNERASNOTE.D IN8'I. COGXF] INCORNCRASN01E0 v__ l3: 1116 C,OgNEHAS NO'TEO 0 FOUND 516' RERAN WITH PLASTIC �TP CAP STAMPED"10705' ORAS NOTED N FOUND X CANNOCK COUNTY SEARS la CAP MONUMENT AFFIXED TO P PIPE FOUND ITO RIGHT -0W -WAY MONUMENT SET IN CONCRETE O FOUND 10' KEBAB WITH PLASTIC CAF I STAMPED MONUMENT AS DESCRIBED --- OEANNEXATION BOUNDARY LINE ------- GENTERL114E -- - --- - -- SECTION LINE —"-----"--- ADJACENT BOUNDARY LINE "-""" y'-�-�-•"-^-+�-�- E%ISYING SENSE BASIS NF9EAN/Ntl THE NORTH LINE OF SECTION 11 WAS ASSUMED TORE NORTH 89°44'11' WEST BETWEEN THE NORTH 114 COMES AND THE NORTHEASTCORNER OF SECTION 11 PER CITYOF POCATELLO DATUM BASEO ON THECENTNV. MERIOW6 OF IDAHO STATE PLANE EAST ZONE COORDINATE SYSTEM, DISPLAY MAP FOR: DE-ANNEXAVON OF LANps FROM THE C7YY OF CHUSSUCK INTO BANNOCK COUNYY EWOl400rs > so~," 6 PIDMOIS DISPLAY MAP FOR: OE ANNEXATION OF LANDS FROM THE CITY OF CHUBBUCK INTO BANNOCK COUNTY LOCATED IN THE NORTHEAST 114 OF SECTION 11. TOWNSHIP 8 SOUTH, RANGE 34 EAST, BOISE MERIDIAN, BANNOCK COUNTY, IDA 10 OylCSC4Ll1 300 0 100 200 NORTH I Inco=200' WHEN PRINTED gp 10'X24' SEE RECORD OF SURVEY FON PORTNEAUPOEVELOPMENT NT OF POI INST. N0.21617876 BEGINNING AND ALSO RECOR D OF SURVEY FOR FORTNEUF DEVELOPMENT \t NO, 21S 78 ' BL AP STAMPED G2' ALUMINUM CPP STAMPED "GHA PLC W,167" TETON COMMUNICATIONS INST. NO. 92004121 y I OYEM4J.DEMHNE.WTIONA27E4 3Lj II � I6.Bi AC/Ip3 �I �1 iL' MCCORMICK RANCH, LLC 'j INST.NO. 22000957 aI I g I= I , i� I I I I ' Ii I I IN 80°61'12" W 6T8.32't JMAXOLOINOS LLC MST. .NN0.2210>962 I LINE TABLE N BEARING DISTANCE Lt N6594'30'E III Uw LT. N00°tS'n9•F 0602' THE CROSSINGS DIV. NO. 2 INST. NO. 21914ON NORTHEAST CORNER OF SECTION 11. FOUND MONUMENT IN VAULT AS DESCRIBED IN GRIP INET, NO. 204120,3115 _ SEE RECORD OF SURVEY FOR PORTNE.UF HEALTH CARE FOUNDATION INST. N0.21316726 BANNOCK COUNTY INST N0, 21512336 SAWIEW SUDDNISION ry INST, NO. 08010200 SEE ALSO RECORD OP SURVEY �I I FOR IDAHO POWER COMPANY v__ l3: INST. N0. 87020373 OTI LOTS �TP J B O LIMITED PARTNERSHIP. ETAL. ,g INST. NO.9WI0200 TETON COMMUNICATIONS INST. NO. 92004121 y I OYEM4J.DEMHNE.WTIONA27E4 3Lj II � I6.Bi AC/Ip3 �I �1 iL' MCCORMICK RANCH, LLC 'j INST.NO. 22000957 aI I g I= I , i� I I I I ' Ii I I IN 80°61'12" W 6T8.32't JMAXOLOINOS LLC MST. .NN0.2210>962 I LINE TABLE N BEARING DISTANCE Lt N6594'30'E III Uw LT. N00°tS'n9•F 0602' THE CROSSINGS DIV. NO. 2 INST. NO. 21914ON NORTHEAST CORNER OF SECTION 11. FOUND MONUMENT IN VAULT AS DESCRIBED IN GRIP INET, NO. 204120,3115 _ SEE RECORD OF SURVEY FOR PORTNE.UF HEALTH CARE FOUNDATION INST. N0.21316726 BANNOCK COUNTY INST N0, 21512336 FOUND Il2•RBMA 1,4 -WITNPLASTIC CAP STAMPGD P45536D' -�— -- _ �I I SEE RECORD OF BUflVEYFOR POCATELLO NATIONAL SUNNI) �I INST. NO. 208117H 1t,, BANNOOKCOUNTY.ETAL. M INST.NO339804 la N I THE ENSTERLY 35AD'OF THE NOfUTMZT 11. TOWNSHIP 0 SOUTH, RANGE X b -- MERIDIAN, BANNOCK COUNTY, IDAHO HAS 09 ANNEXED PER CITY OF CHUBBUCK W 0811. RECORDED AS INSTRUMENT NO BANNOCKCOVNTY INST. N0. 342352 EAST 114 CORNER OF SECTION 11. FOUND 518° REDCAP WITH 2' ALUMINUM CAP MONUMENT IN SURVEY VAUL1'AS OESMISEO PER CPBF INST. N0. CHI 7749 1 ____FOUND WF BERM WITH R' ALUMINUM 1 CAP STAMPFU "35 FTRPPLS 12467- FOUND BANNOCK COUNTY MONUMENT WITH ADDITIONAL INSCRIPTION '35 FT RP PLS 12457'