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Moyie Springs grows by 26+ acres

 
November 18, 2021

Ordinance No. 137 AN ORDINANCE OF THE CITY OF MOYIE SPRINGS, A MUNICIPAL CORPORATION OF THE STATE OF IDAHO, PROVIDING THAT LANDS DESCRIBED IN SECTION 1 OF THIS ORDINANCE BE ANNEXED TO THE CITY OF MOYIE SPRINGS; PROVIDING THAT THE PROVISIONS OF THIS ORDINANCE BE DEEMED SEVERABLE; PROVIDING FOR THIS ORDINANCE TO BE IN FULL FORCE AND EFFECT FROM AND AFTER PASSAGE, APPROVAL AND PUBLICATION ACCORDING TO LAW.

WHEREAS, the City of Moyie Springs, Idaho ("the City"), is a municipal corporation organized and operating under the laws of the State of Idaho and is authorized to annex and to incorporate within the boundaries of the City contiguous real property in the manner provided by Section 50-222, Idaho Code;

and WHEREAS, the owner(s) of the real property situated in the unincorporated areas of Boundary County and particularly described in Section 1 of this Ordinance are adjacent to the City limits and the owner(s) of the real property 1) Russell and Cindy Maas at 1505 Maas Loop Road, and 2) Marvin (Spike) and Peggy Maas on Maas Loop Road 3) Garrett & Jamie Hull (Easley)at 327 Cinnamon Lane; have a written request and application for annexation of said real property to the City of Moyie Springs;

and WHEREAS, the Mayor and Council, approved the lot line adjustment to the Hull Property at 327 Cinnamon on June 9th, 2021, and the proposed annexation of the property described in Section 1 below, as required by Idaho Code, and determined that the requested annexation should be granted;

and WHEREAS, the Mayor and Council, held a public hearing on November 3rd, 2021, on the proposed annexation and zoning of the property described in Section 1 below, as required by Idaho Code, and determined that the requested annexation should be granted and that the annexed property should be zoned Suburban in the City of Moyie Springs.

NOW THEREFORE, be it ordained by the Mayor and Council of the City of Moyie Springs as follows:

SECTION 1: The Mayor and Council of the City of Moyie Springs, Idaho, hereby find and declare that the real property described below is contiguous to the City, that said property can be reasonably assumed to be used for orderly development of the City, that the owner(s) of said property have requested, in writing, and filed an application for annexation of said property with the City, and that the requirements of Section 50-222, Idaho Code, for annexation of said property, have been satisfied.

  1) PARCEL NO. 1: RP 62N02E160012, 16.2 acres, PARCEL NO. 2: RP 62N02E153160, 2.3 acre, *Parcel NO. 1: A parcel beginning at the Northwest Quarter of the Northwest Quarter of the Northwest Quarter (NW 1/4NW 1/4NW 1/4), Section Fifteen (15), Township Sixty-two (62) North, Range Two (2) East, B, M., lying Northerly and Westerly of the Pearson Road as it now exists upon the described property, Boundary County, Idaho. An easement is granted in, over, across and under for road right of way hereafter described real property on the existing road that presently crossed the Northeast Quarter of the Northeast Quarter (NE 1/4 NE 1/4) of Section Sixteen (16), Township Sixty-two (62) North, Range Two (2) East, B.M.. *Parcel No. 2: A parcel of land situate in the Northeast Quarter of Section 16, Township 62 North, Range 2 East, Boise Meridian, Boundary County Idaho, more particularly described as follows: Beginning at the North Quarter corner of Section 16, Township 62 North, Range 2 East, Boise Meridian, Boundary County, Idaho; thence 89 degrees 51'51" East along the North line East a distance of 988.62 feet to the TRUE POINT OF BEGINNING; thence continue to North 89 degrees 51' 51" East a distance of 331.97 feet; thence South 0 degrees 00'East a distance of 159.62 feet; thence North 64 degrees 25'59" West a distance of 368.04 feet to the POINT of Beginning Less the County Road. All that part of the Northeast Quarter of the Northeast Quarter of Section 16, Township 62 North, Range 2 East Boise Meridian, Boundary County, Idaho lying east of the Maas Loop Road and North of the South right of way line of the Pacific Gas Transmission Company, subject to any existing recorded right of way, and LESS the following property described as follows: Commencing at the Northeast corner of said Section 16; thence South along the east section line, 380 feet to the TRUE POINT OF BEGINNING; thence continuing South along said section line 435 feet to the intersection with the south right of way line of the Pacific Gas Transmission Company; thence southwesterly along said right of way line 790 feet to the east right of way line of Maas Loop Road; thence northwesterly along said right of way line, 300 feet; thence northeasterly 990 feet to the TRUE POINT of BEGINNING.

  2) PARCEL NO: RP 62N02E160013, 7.2 acres, A parcel of land in the Northeast Quarter of the Northeast Quarter of Section 16, Township 62 North, Range 2 East, of the Boise Meridian, Boundary County, Idaho more particularly described as follows: Commencing at the Northeast corner of said Section 16; thence South along the East section line, 380 feet to the TRUE POINT OF BEGINNING, thence continuing South along said section line 435 feet to the intersection with the Couth right of way line of the Pacific Gas Transmission Company; thence Southwesterly along said right of way line 790 feet to the East right of way line of Maas Loop Road; thence Northwesterly along said right of way line, 300 feet; thence Northeasterly 990 feet to the TRUE POINT OF BEGINNING.

  3) PARCEL NO: RP 62N02E162849A, .41 acre, A tract of land situated in the Northeast Quarter of the Northwest Quarter (NE1/4 NW 1/4) of Section Sixteen (16), Township Sixty-two (62) North, Range Two (2) East of the Boise Meridian, Boundary County, Idaho, being a portion of that parcel described in Instrument 286937; more particularly described as follows: BEGINNING at the Southeast corner of that parcel described in Instrument No. 286937, said corner being on the south line of said NE1/4, NW 1/4, N 89°48'10" W, 612.70 feet from the southeast corner of the NE1/4 NW1/4; thence, leaving said south line and along the east line of that parcel described in Instrument No. 286937, N 00°09'33" E, 32.22 feet; thence, leaving said east line N 84°48'23" W, 302.73 feet; thence, S 67°15'58" W, 150.35 feet to a point on the south line of that parcel described in Instrument No. 286937: thence, along said south line S 89°48'10" E, 440.07 feet to the POINT OF BEGINNING, encompassing an area of .41 acres SUBJECT TO any portion of that natural gas distribution easement as described in Instrument No. 183432 lying within the above-described tract.

SECTION 2: ANNEXATION: The lands described in Section I of this Ordinance be and the same hereby are, annexed to the City of Moyie Springs, Idaho and declared a part of the City of Moyie Springs, Idaho. From and after the effective date of this Ordinance, the residents and other occupants and property owners within such area shall enjoy all the rights and responsibilities and shall be subject to all ordinances, resolutions, police regulations, taxation and other powers of the City of Moyie Springs as their fellow residents, occupants, and owners within the City of Moyie Springs.

SECTION 3: The zoning land use classification of the land described in Section 1 above, is hereby established as Suburban and the Zoning Map of the City is hereby amended to include the real property described in Section 1 above in the Suburban Zone.

SECTION 4: The City Clerk is hereby directed to file, within ten (10) days of passage and approval of this Ordinance, a certified copy of this Ordinance with the offices of the Auditor, Treasurer, and Assessor of Boundary County, Idaho, and with the State Tax Commission, Boise, Idaho, as required by Section 50-223, Idaho Code, and to comply with the provisions of Section 63-215, Idaho Code, with regard to the preparation and filing of a map and legal description of the real property annexed by this Ordinance.

SECTION 5: This Ordinance shall take effect and be in force from and after its passage, approval, and publication as required by law.

PASSED by the City Council and APPROVED by the Mayor this 3rd day of November, 2021.

Signed: Steve Economu, Mayor
Attested: Donna Wilson-Funkhouser, City Clerk

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