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ORDINANCE NO. 1140

| December 8, 2005 8:00 PM

AN ORDINANCE OF THE CITY OF SANDPOINT, BONNER COUNTY, IDAHO, APPROVING THE NORTHERN URBAN RENEWAL PLAN; ADOPTING A REVENUE ALLOCATION AREA; MAKING CERTAIN FINDINGS AND CONCLUSIONS IN SUPPORT THEREOF; PROVIDING AN EFFECTIVE DATE: AND PROVIDING FOR OTHER MATTERS PROPERLY RELATING THERETO

WHEREAS: The City of Sandpoint, Bonner County, Idaho (the "City"), is a duly incorporated and existing City organized and operating under the laws of the State of Idaho, and as such is authorized by the Idaho Code, Title 50, Chapter 20 and 29, to adopt urban renewal plans, to adopt deteriorated area declarations, to adopt revenue allocation areas, and to provide improvements and betterment within an urban renewal area, as designated by the Plan; and

WHEREAS: The City designated the area included in the Northern Urban Renewal Plan a deteriorated area first with Resolution 05-29, dated May 19, 2005 and then amended by Resolution No: 05-58, adopted on the 21st day of September 2005; and

WHEREAS: The Northern Urban Renewal Plan was submitted to and approved by the City of Sandpoint Planning and Zoning Commission on October 4, 2005, and,

WHEREAS: The City held one duly noticed public hearing on November 16, 2005 to review and consider adoption of the Northern Urban Renewal Plan; and,

WHEREAS: The City has reviewed the proposed Northern Urban Renewal Plan, which includes a revenue allocation area provision;

NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF SANDPOINT, BONNER COUNTY, IDAHO, as follows:

Section 1: The City hereby approves the Northern Urban Renewal Plan, as approved by the Sandpoint City Council on September 21, 2005, encompassing the following described lands:

A Tract of land lying in a portion of Sections 3, 9, 10, 15 and 16, all in Township 57 North, Range 2 West, Boise Meridian, Bonner County, Idaho, more particularly described as follows:

Commencing at the Southeast Corner of said Section 15; Thence, South 89°54'00" West, 1840.71 feet, along the South line of said Section 15, to a point of Intersection with the existing West Right of Way Line of the Spokane International Railroad, said point of Intersection being the TRUE POINT OF BEGINNING;

Thence, continuing South 89°54'00" West, 829.87 feet, along said South Section Line, to a point of Intersection with the existing West Right of Way Line of North Boyer Avenue;

Thence, leaving said South Section Line, North 00°00'35" East, 680.91 feet, along the existing West Right of Way Line of said North Boyer Avenue, to a point of Intersection with the existing South Right of Way Line of Spruce Street;

Thence, North 90°00'00" West (WEST), 370.35 feet, along the existing South Right of Way Line of said Spruce Street, to a point of Intersection with the existing West Right of Way Line of Forest Avenue.

Thence, North 00°44'27" West, 420.04 feet, along the existing West Right of Way Line of said Forest Avenue, to a point of Intersection with the existing North Right of Way Line of Chestnut Street;

Thence, North 90°00'00" East (EAST), 375.85 feet, along the existing North Right of Way Line of said Chestnut Street, to a point on the existing West Right of Way Line of said North Boyer Avenue;

Thence, North 00°00'35" East, 210.00 feet, along the existing West Right of Way Line of said North Boyer Avenue, to the Northeast Corner of Block 2 of GRAHAM'S ADDITION, as shown on the Plat thereof, recorded in Book 1 of Plats, at Page 78, records of Bonner County, Idaho;

Thence, North 90°00'00" West (WEST), 1098.60 feet, along the North Boundary Line of said GRAHAM'S ADDITION, to a point on the existing West Right of Way Line of Ruth Avenue

Thence, North 00°44'27" West, 90.00 feet, along the existing West Right of Way Line of said Ruth Avenue, to a point on the existing South Right of Way Line of Walnut Street;

Thence, North 90°00'00" West (WEST), 1544.00 feet, along the existing South Right of Way Line of said Walnut Street and the South Right of Way Line extended West, of said Walnut Street, to a point on the existing West Right of Way Line of Division Street;

Thence, South 00°00'45" East, 655.52 feet, along the existing West Right of Way Line of said Division Street, to a point of Intersection with the existing North Right of Way Line of Spruce Street;

Thence, North 90°00'00" West (WEST), 2078.13 feet, along the existing North Right of Way Line of said Spruce Street, to a point on the existing Easterly Right of Way Line of the Great Northern Railroad Main Track;

Thence, North 18°16'46" East, 348.97 feet, along said Railroad Right of Way Line, to the Northwest Corner of a certain Parcel of land designated by the Bonner County Tax Assessor's records as T10, Bonner County School District Property;

Thence, North 90°00'00" East (EAST), 1968.60 feet, along the North boundary of said Parcel, to a point on the existing West Right of Way Line of said Division Street;

Thence, North 00°00'45" West, 1226.09 feet, along the existing West Right of Way Line of said Division Street, to a point of Intersection with the Northerly Right of Way Line of the Great Northern Railroad Spur Line;

Thence, Northwesterly along said Northerly Right of Way Line the following two (2) described courses:

1. North 79°10'08" West, 859.13 feet,

2. Northwesterly, along a 595.00 foot Radius Curve Right (the Chord of which bears North 53°04'55" West, 523.28 feet) through a Central Angle of 52°10'26", an arc distance of 541.81 feet, to a point on the existing Easterly Right of Way Line of the Great Northern Railroad Main Track;

Thence, leaving said Northerly Right of Way Line of the Great Northern Railroad Spur Line, Northerly, along the existing Easterly Right of Way Line of said Great Northern Railroad Main Track, the following three (3) described courses:

1. North 15°16'20" East, 3956.25 feet, to an angle point,

2. South 89°56'00" West, 156.01 feet, to an angle point,

3. North 15°53'04" East, 1330.08 feet, to a point of Intersection with the existing South Right of Way Line of Mountain View Loop Road;

Thence, leaving said Railroad Right of Way Line, South 89°27'51" West, 621.20 feet, along the existing South Right of Way Line of said Mountain View Loop Road, to a point of Intersection with the West Line extended South of the East Half of the Southeast Quarter of the Northeast Quarter (E_SE_NE_) of the above-mentioned Section 9;

Thence, leaving said existing South Road Right of Way Line, North 00°03'00" West, 1366.22 feet, along said West Line extended and West Line of said E_SE_NE_, to the Northwest Corner thereof;

Thence, North 89°56'00" East, 660.00 feet, along the North Line of said E_SE_NE_, to the Northeast Corner thereof;

Thence, North 00°03'00" West, 50.80 feet, along the East Line of said Section 9, to a point of Intersection with the existing Southerly Right of Way Line of Woodland Drive;

Thence, crossing over Woodland Drive, North 60°01'25" East, 50.00 feet, to a point on the existing Northerly Right of Way Line of said Woodland Drive;

Thence, Easterly, along the existing Northerly Right of Way Line of said Woodland Drive, the following two (2) described courses:

1. Southeasterly, along a 100.00 foot Radius Curve Left (the Chord of which bears South 60°09'18" East, 100.54 feet) through a Central Angle of 60°21'25", an Arc distance of 105.34 feet, to a point,

2. North 89°40'00" East, 215.62 feet, to a point of Intersection with the existing Easterly Right of Way Line of the above-mentioned Great Northern Railroad;

Thence, leaving said existing Northerly Road Right of Way Line, Northerly, along said existing Easterly Railroad Right of Way Line, the following five (5) described courses:

1. North 12°43'42" East, 1326.91 feet, to an angle point,

2. South 89°40'00" West, 51.71 feet, to an angle point,

3. North 10°00'00" East, 544.30 feet, to an angle point,

4. South 81°47'51" East, 100.05 feet, to an angle point,

5. North 10°00'00" East, 815.02 feet, to a point of Intersection with the North line of the South Half of the Southwest Quarter (S?SW?) of the above-mentioned Section 3;

Thence, North 89°40'00" East, 1700.34 feet, along the North line of said S?SW?, to a point of Intersection with the existing West Right of Way Line of said North Boyer Avenue;

Thence, South 00°01'11" East, 1292.44 feet, along the existing West Right of Way Line of said North Boyer Avenue, to a point on the existing North Right of Way line of Schweitzer Cutoff Road, extended West;

Thence, leaving said existing West Right of Way Line of North Boyer Avenue, North 89°40'00" East, 1350.12 feet, along the extended North Right of Way Line and the existing North Right of Way Line of said Schweitzer Cutoff Road, to a point of Intersection with the East Line of the Southwest Quarter of the Southeast Quarter (SW?SE?) of said Section 3;

Thence, leaving said existing North Right of Way Line of Schweitzer Cutoff Road, South 00°02'57" East, 687.59 feet, along the East Line of the SW?SE? of said Section 3 and the East Line of the North Half of the Northwest Quarter of the Northeast Quarter (N?NW?NE?) of the above-mentioned Section 10, to the Southeast Corner of said N?NW?NE?;

Thence, South 89°40'00" West, 614.21 feet, along the South line of said N?NW?NE?, to a point of Intersection with the Northwesterly Property Line of the Sandpoint, Bonner County Airport Property;

Thence, South 31°37'38" West, 1366.97 feet, along the Northwesterly Property Line of said Sandpoint Airport, to a point of Intersection with the East Right of Way Line of the vacated portion of the above-mentioned North Boyer Avenue;

Thence, South 00°27'00" East, 3435.19 feet, along the East line of that vacated portion and the existing East Right of Way Line of said North Boyer Avenue, to a point on the existing North Right of Way Line of Mountain View Drive;

Thence, leaving said existing East Right of Way Line of North Boyer Avenue, North 89°40'00" East, 966.88 feet, along the existing North Right of Way Line of said Mountain View Drive, to the Southwest Corner of Lot 1 of PIETSCH SUBDIVISION, as shown on the Plat thereof, recorded in Book 6 of Plats, at Page 93, records of Bonner County, Idaho;

Thence, leaving said existing North road Right of Way Line, South 00°20'00" East, 25.00 feet, to a point on the South Line of the above-mentioned Section 10;

Thence, North 89°40'00" East, 781.90 feet, along said South Section Line, to a point of Intersection with the centerline of Sand Creek;

Thence, leaving said South Section Line, Southerly, along the centerline of said Sand Creek, the following nine (9) described courses:

1. South 09°21'56" West, 97.30 feet,

2. South 41°22'28" West, 57.51 feet,

3. South 51°22'24" West, 146.18 feet,

4. South 54°12'11" West, 246.49 feet,

5. South 47°13'49" West, 310.97 feet,

6. South 39°12'48" West, 105.17 feet,

7. South 14°40'20" West, 74.14 feet,

8. South 07°51'14" East, 72.27 feet,

9. South 41°16'20" East, 294.80 feet, to a point of Intersection with the existing Westerly Right of Way Line of the above-mentioned Spokane International Railroad;

Thence, leaving the centerline of said Sand Creek, Southerly, along said existing Westerly Railroad Right of Way Line, the following five (5) described courses:

1. South 40°48'04" West, 424.07 feet,

2. Southwesterly, along a 950.00 foot Radius Curve Left (the Chord of which bears South 20°22'24" West, 663.16 feet) through a Central Angle of 40°51'21", an Arc distance of 677.42 feet,

3. South 00°03'17" East, 1682.07 feet, to an angle point,

4. South 79°13'42" East, 25.43 feet, to an angle point,

5. South 00°24'03" West, 1638.09 feet, to the TRUE POINT OF BEGINNING.

EXEMPTING THEREFROM THE NORTHERN REVENUE ALLOCATION AREA:

The Northern Revenue Allocation Area is hereby described as follows:

A Tract of land lying in a portion of Sections 10 & 15, all in Township 57 North, Range 2 West, Boise Meridian, Bonner County, Idaho, more particularly described as follows:

Commencing at the Southeast Corner of the above-mentioned Section 10, Township 57 North, Range 2 West, Boise Meridian, Bonner County, Idaho; Thence, South 89°40'00" West, 2681.00 feet, along the South Line of said Section 10, to a point of Intersection with the existing West Right of Way Line of North Boyer Avenue, said point of Intersection being the TRUE POINT OF BEGINNING;

Thence, leaving said South Section Line, North 00°27'00" West, 3497.46 feet, along the existing West Right of Way Line of said North Boyer Avenue, to a point on the Northerly Boundary Line of PHASE II of OMNI PARK, as shown on the Plat thereof, recorded in Book 6 of Plats, at Page 200, records of Bonner County, Idaho;

Thence, Westerly and Southerly, along the exterior Boundary of said Plat, the following four (4) described courses:

1. North 68°25'53" West, 361.04 feet,

2. Southwesterly, along an 80-foot Radius Curve Left (the Chord of which bears South 71°58°14" West, 101.98 feet) through a Central Angle of 79°11'47", an Arc distance of 110.58 feet,

3. South 32°22'20" West, 1143.69 feet, to a point on the East-West Centerline of said Section 10,

4. North 89°40'00" East, 307.68 feet, along said East-West Section Centerline, to a point on the Northwesterly Line of Lot 1A of the REPLAT of LOT 1 of OMNI PARK, as shown on the Replat thereof, recorded in Book 5 of Plats, at page 170, records of Boner County, Idaho;

Thence, South 32°22'20" West, 105.50 feet, along the Northwesterly Line of said Lot 1A, to the Southwesterly Corner thereof;

Thence, South 57°14'58" East, 228.39 feet, along the Southwesterly Line of said Lot 1A, to the Southeasterly Corner thereof, said Corner also being on the existing Northwesterly Property Line of the Sandpoint, Bonner County Airport Property;

Thence, South 31°37'38" West, 3787.12 feet, along the Northwesterly Line of said Airport Property, to a point on the West Line of the above-mentioned Section 15;

Thence, South 00°03'00" East, 1827.25 feet, along the West Line of said Section 15, to a point of Intersection with the existing North Right of Way Line of Baldy Mountain Road;

Thence, North 89°36'50" East, 2634.20 feet, along the existing North Right of Way Line of said Baldy Mountain Road, to a point on the existing West Right of Way Line of the above-mentioned North Boyer Avenue;

Thence, North 00°27'00" West, 2612.53 feet, along the existing West Right of Way Line of said North Boyer Avenue, to the TRUE POINT OF BEGINNING.

and adopting a map thereof, which is attached hereto as Exhibit "A" and incorporated herein by this reference, based on the following findings:

A. The proposed area has been designated as a deteriorated area.

B. The Northern Urban Renewal Plan conforms to the City of Sandpoint Comprehensive Plan.

C. The Plan indicates the improvements and rehabilitation that are proposed to be carried out, including land uses, densities, building requirements, method of financing, and a revenue allocation financing program.

D. The Plan does not anticipate the displacement of any families at this time.

E. The Northern Urban Renewal Plan serves to enhance the provisions of adequate park and recreation areas by providing a greater industrial tax base to fund park and recreation programs.

F. The Northern Urban Renewal Plan affords maximum opportunity for the Urban Renewal Area to rehabilitate and develop through private enterprise.

G. The Northern Urban Renewal Area is an area that is deteriorated due to conditions described in the plan such as undeveloped, weed-covered vacant lots, inadequate City sewer and water lines, and streets inadequate to service developing industrial and residential usage.

H. The Northern Urban Renewal Plan conforms with both state and local planning and zoning requirements.

I. The Northern Urban Renewal Plan contains a tax allocation feasibility study which finds and declares that the debt to be incurred to provide the improvements described within the Plan is sufficient to pay the costs of the improvements proposed therein and that the assessed valuation of the revenue allocation area is likely to increase as a result of the initiation of the Urban Renewal project and deteriorated area in an amount sufficient to repay the debt incurred.

J. The Northern Urban Renewal Plan identifies the kinds, number, and location of all proposed public works or improvements within the revenue allocation area, provides an economic feasibility study, provides a detailed list of estimated project costs, provides a fiscal impact statement showing the impact of the revenue allocation area, and provides a description of the method of financing of the estimated project costs.

Section 2: The City of Sandpoint, Bonner County, Idaho, hereby approves the Northern Urban Renewal revenue allocation area as identified in the Northern Urban Renewal Plan.

Section 3: This Ordinance shall be effective upon its passage and publication as provided by law.

Dated this 30th day of November, 2005.

By: ____________________________

Raymond P. Miller, Mayor

ATTEST:

Maree Peck, Clerk

Legal SNP#7470

December 8, 2005