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0667 Change of Land Use District - Bonniebrae Acres 2009A,09055®5 CITY OF CHUBBUCK, IDAHO ORDINANCE NO. 6 6 7 AN ORDINANCE OF THE CITY OF CHUBBUCK, IDAHO, CORRECTING THE LEGAL DESCRIPTION OF CERTAIN PROPERTY REZONED BY ORDINANCE NUMBER 450 TO DECREASE THE PROPERTY REZONED THEREBY TO THE PROPERTY OWNED BY THE APPLICANT THEREIN, AMENDING THE CHANGE OF LAND USE DISTRICT WITH RESPECT TO CERTAIN LANDS WITHIN THE BOUNDARIES OF THE CITY OF CHUBBUCK FROM LIMITED RESIDENTIAL (R- 2) TO INDUSTRIAL (I); AND PROVIDING WHEN THIS ORDINANCE SHALL BECOME EFFECTIVE. BE IT ORDAE1 ED BY THE MAYOR AND COUNCIL OF THE CITY OF CHUBBUCK, IDAHO: SECTION 1. Intent. Ordinance Number 450 rezoned certain property described as Lot 12, Bonniebrae Acres Subdivision from Limited Residential (R-2) to Industrial (I). The applicant for that rezone submitted an application for rezone of all of Lot 12; however the applicant did not own two parcels within Lot 12 described by metes and bounds legal description. Since applicant had no authority to rezone all of Lot 12 but only that portion owned by the applicant, the legal description for the rezoned property in Ordinance Number 450 is corrected herein to reflect the property actually owned by applicant. SECTION 2. 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, is confirmed to be changed from Limited Residential (R-2) to Industrial (I) with respect to the real estate described on the attached Exhibit, effective upon the effective date of Chubbuck Ordinance Number 450. 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 MAYOR AND COUNCIL OF THE CITY OF CHUBBUCK, IDAHO, this 10 t May of March, 2009. o 'Keven M. England, ' dor - AT7T: 6-YV 0, (�LL Ron Conlin, City Clerk "RON C. CONLIN,DULY APPOINTED CITY CLERK IDAHO HEREBY CERTIFY THAT THE FOREGOING CORRECT COPY OF THE ORIGINA, ,IkJ';IJj�j TAINED RECORDS OF THE CITY OF CH /z SUBSCRI ED AND SWORN T( E:' l%OrAR� THIS /17 DAY OF /71RM,,_20 t A �%F/OF rru�i OF THE CITY OF CHUBBUCK, DOCUMENT IS A TRUE AND IN CUSTODY IN THE OFFICIAL A RON C. CONLIN, CITY CLERK n xhibit A A2090501-05 Lot 12 of BONNIEBRAE ACRES, Bannock County, Idaho, as the same appears on the official plat thereof, filed in the office of the County Recorder of Bannock County, Idaho. EXCEPT: Commencing at the Southwesterly corner tract la, Bonniebrae Acres, a subdivision in the.WWl/4 981/4 and NB1/4 NWi/4 of Section 10,, Township 6 South, Range 34 East, Boise Meridian, Bannock County, Idaho; thence East following the North line of Atholl Avenue 84 feet; thence at right angles North parallel to the East line of Lot 12, a distance of 120 feet; thence at right angles parallel to Atholl Avenue, Fest a distance of 95 feet, more or less, to the lateral; thence in a southeasterly direction following the lateral to the point of beginning. ALSO EXCEPT the East 25 feet of Lot 12 of BONNIE8RA8 ACRES. ALSO Exam a parcel of land located in the NE1/4 of Section 10, Township 6 South, Range 34 East, Boise Meridian, Bannock County, Idaho. it is also a portion .of Lot 1$ of BONNIEBRAE ACRES and is more particularly described as follows: Beginning at the Southwest corner of said Lot 12; thence South 89.32108" 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 '520.00 feet; thence North 89032108" West parallel to the Northerly right of way line. of Atholl Ave. (Be Linden Ave.) 95.64 feet to the Vest line of said Lot 12; thence North 814V0311 West along the West line of said Lot 12 a distance of 42.75 feet; thence South 89021F11" East 184.71 feet; thence South 2006.41" Oest 161.97 feet to an intersection with an Easterly prolongation of the Northerly right of way line of Atholl Ave. (E. Linden Ave.).; thence North 8903200801 West along the Northerly right of way line of Atholl'Ave. (E. Linden Ave.) and its Easterly prolongation 76.54 feet to the true point of beginning. /06%11 /'t SUMMARY OF ORDINANCE NO. 667 An ordinance of the City of Chubbuck, a municipal corporation of the state of Idaho, correcting the legal description of certain property rezoned by Ordinance number 450 to decrease the property rezoned thereby to the property owned by the applicant therein as reflected on the applicant's deed recorded as instrument number 96005685; amending the change of land use district with respect to certain lands within the boundaries of the City of Chubbuck from Limited Residential (R-2) to Industrial (I) effective with the effective date of Ordinance number 450; and providing when this ordinance shall become effective; providing for the repeal of conflicting ordinances; providing for the severability of the provisions of this ordinance; providing that this ordinance shall be in effect after its passage, approval and publication. 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. 667 and that the summary provides adequate notice to the public of the contents of this ordinance. DATED this day of March, 2009, SUMMARY OF ORDINANCE NO 667 - Page 1 chubbuck031109sum667.wpd