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'