ORDINANCE

ORDINANCE NO. 1130, AN ORDINANCE OF THE CITY OF SANDPOINT, BONNER COUNTY, IDAHO A MUNICIPAL CORPORATION OF THE STATE OF IDAHO; REPEALING SECTION 9-10-8 OF THE SANDPOINT MUNICIPAL CODE AND ADOPTING A NEW SECTION 9-10-8 TO PROVIDE FOR A NEW LEGAL DESCRIPTION AND NEW MAP OF THE SANDPOINT AREA OF CITY IMPACT; REPEALING ALL ORDINANCES AND PARTS OF ORDINANCES IN CONFLICT THEREIN, PROVIDING FOR SAVINGS AND SEVERABILITY, AND PROVIDING FOR PUBLICATION AND AN EFFECTIVE DATE.

Whereas, the City of Dover, City of Sandpoint, and Bonner County were engaged in litigation to determine the City of Dover Area of City Impact (Bonner County Case No. CV 95-01111) which the parties settled pursuant to the terms of a Memorandum of Understanding and Settlement Agreement; and

Whereas, the parties stipulated to certain maps designated as exhibits which were adopted to govern the disputed areas of the Areas of City Impact for Dover and the Area of City Impact for Sandpoint; and

Whereas, the below described legal description and map reflect the stipulation regarding disputed areas:

NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF SANDPOINT, BONNER COUNTY, IDAHO AS FOLLOWS:

SECTION 1. That Sandpoint Municipal Code section 9-10-8 be and the same hereby is repealed and a new section 9-10-8 adopted which shall read as follows:

9-10-8: LEGAL DESCRIPTION:

The legal description of the Area of City Impact shall be:

Beginning at a point that is 50 feet north of the section line between Sections 10 and 3 and the thread of Sand Creek, Township 57 North, Range 2 West, Boise Meridian. This being the true point of beginning and the current intersection of the City limits of Sandpoint and Ponderay.

Thence northerly along said thread of Sand Creek to the north line of Section 3, Township 57 North, Range 2 West, Boise Meridian.

Thence continuing northerly along said thread of Sand Creek to the intersection of the north section line of Section 26, Township 58 North, Range 2 West, Boise Meridian.

Thence west along said north section line to the northwest corner of the east half of the northwest quarter of Section 26, Township 58 North, Range 2 West, Boise Meridian.

Thence south to the southwest corner of the east half of the northwest quarter.

Thence west to the center of Section 27, Township 58 North, Range 2 West, Boise Meridian.

Thence south to the south quarter corner of Section 34, Township 58 North, Range 2 West, Boise Meridian.

Thence west to the northwest corner of Section 5, Township 57 North, Range 2 West, Boise Meridian.

Thence south along the west line of said Section 5 to the southwest corner of Section 5.

Thence west along the north line of Section 7 to the northwest corner of Section 7, Township 57 North, Range 2 West, Boise Meridian.

Thence south along the west line of said Section 7 to the southwest corner of Section 18, Township 57 North, Range 2 West, Boise Meridian

Thence east along the south line of said Section 18 to the southeast corner of Section 18 and the northwest corner of Section 20, Township 57 North, Range 2 West, Boise Meridian.

Thence south along the west line of said Section 20 to the southwest corner of the northwest quarter of the northwest quarter of Section 20.

Thence east to the southeast corner of the northwest quarter of the northwest quarter.

Thence south to the southwest corner of the southeast quarter of the northwest quarter.

Thence south 25 feet more or less to the south right-of-way line of Pine Street.

Thence east 1,780 feet more or less along said right-of-way line to a point on the northwest corner of a lot described as a warranty deed dated May 9, 1974 recorded as Bonner County instrument #157391.

Thence south 0 degrees 5 minutes east 264.4 feet according to a warranty deed dated May 9, 1974 recorded as Bonner County instrument #157391.

Thence south 25 degrees 5 minutes east a distance of 81.3 feet, according to a warranty deed dated May 9, 1974 recorded as Bonner County instrument #157391.

Thence south 0 degrees 5 minutes east a distance of 50 feet according to a warranty deed dated May 9, 1974 recorded as Bonner County instrument #157391.

Thence south 0 degrees 5 minutes east a distance of 300 feet according to a warranty dated October 18, 1976 recorded as Bonner County instrument #180423.

Thence south 89 degrees 54 minutes east a distance of 182.6 feet according to a warranty deed dated October 18, 1976 recorded as Bonner County instrument #180423.

Thence south 0 degrees 5 minutes east a distance of 180 feet according to a warranty dated March 2, 1987 recorded as Bonner County instrument #331854.

Thence south 44 degrees 0 minutes east a distance of 250.8 feet according to a warranty dated Mach 2, 1987 recorded as Bonner County instrument #331854.

Thence south 89 degrees 54 minutes east a distance of 248.7 feet according to a warranty dated Mach 2, 1987 recorded as Bonner County instrument #331854.

Thence on a 500 foot radius curve to the right a distance of 314.6 feet. Thence north 13 degrees 13 minutes west a distance of 403.3 feet. Thence on a 400 foot radius curve to the left a distance of 224.9 feet. Thence North 45 degrees 26 minutes west a distance of 81.7 feet. Thence on a 90 foot radius curve to the right a distance of 139.1 feet. Thence north 43 degrees 9 minutes west 22.5 feet to the south right-of-way line of Pine Street.

Thence east along the south right-of-way line of Pine Street to a point 25 feet south of the northeast corner of the southeast quarter of Section 20, Township 57 North, Range 2 West, Boise Meridian.

Thence south along the east line of said Section 20 to the southeast corner of the northeast quarter of the northeast quarter of the southeast quarter of Section 20.

Thence west along the south line of the north half of the northeast quarter to the center of the northeast quarter of the southeast quarter of said Section 20.

Thence north to the northeast corner of the south half of the northwest quarter of the northeast quarter of the southeast quarter of said Section 20.

Thence west to the southwest corner of the north half of the northwest quarter of the northeast quarter of the southeast quarter according to a warranty deed dated March 12, 1998 instrument #520603.

Thence south along the north south centerline of the southeast quarter of said Section 20 approximately 690 feet to the northeast corner of the City of Sandpoint Water Tank property, according to a Correction Deed dated August 14, 1979 Instrument #218119.

Thence west 174.90 feet; thence south 200 feet; thence east 25 feet to the northwest corner of Syringa Heights Water Association property as recorded on Page 112, book 128 Deeds Bonner County, Idaho.

Thence south 100 feet to the east/west centerline of the southeast quarter of Section 20, Township 57 North, Range 2 West, Boise Meridian.

Thence east to the north/south centerline of the east half of the southeast quarter of said Section 20.

Thence south along said centerline to the northwest corner of Lot 1 of the Indian Ridge Subdivision to Bonner County according to a plat recorded March 27, 1973 as Instrument #147961, on Page 77 Book #3 of Plats.

Thence south 89 degrees 57 minutes 32 seconds east 180.1 feet along north line of said Lot 1 of the Indian Ridge Subdivision to the northeast corner of said Lot 1.

Thence south 0 degrees 18 minutes 26 seconds east 120.8 feet to the southeast corner of said Lot 1.

Thence north 89 degrees 57 minutes 32 seconds east 60.00 feet according to plat recorded as Bonner county Instrument #147961 to the southwest corner of Lot 2 of said Indian Ridge Subdivision.

Thence north 0 degrees 18 minutes 26 seconds west 181.5 feet to the northwest corner of said Lot 2.

Thence north 89 degrees 57 minutes 32 seconds east 420 feet to the east line of said Section 20.

Thence north along said section line to a point that is 200 feet south of the east/west centerline of the southwest quarter of Section 21, Township 57 North, Range 2 West, Boise Meridian.

Thence east 300 feet to a point which is 200 feet south of the of the east/west center line of the southwest quarter of said Section 21, according to a warranty deed dated August 13, 1981 recorded as Bonner county instrument #245990.

Thence north 200 feet to the east/west centerline of the southwest quarter of said Section 21, according to a warranty deed dated August 13, 1981 recorded as Bonner county instrument #245990.

Thence east along said line to the north /south centerline of the southwest quarter of said Section 21.

Thence north to a point which is 25 feet south of the east/west centerline of said Section 21, which is the south right-of-way line of Pine Street.

Thence east along said right-of-way line the intersection of the thread of Big Chuck's Slough.

Thence south along said thread of Big Chuck's Slough to the intersection of the existing City of Sandpoint limits.

And

Beginning at a point which is north 508 feet more or less from the south section line of Section 21, Township 57 North, Range 2 West, Boise Meridian and the intersection of the thread of Big Chuck's Slough and the existing City of Sandpoint limits.

Thence in a southerly direction along the thread of Big Chucks Slough to the meander line of the Pend Oreille River.

Thence along the meander line in an easterly direction to the north/south centerline of Section 28, Township 57 North, Range 2 West, Boise Meridian. This being the current City limits of Sandpoint.

SECTION 2.

That the area of City impact within the area of Bonner County, Idaho is particularly described in Section 1 above and also set forth on the map in this section, which map shall be in effect until amended or modified as allowed by law. This map is attached as Exhibit 'A' and incorporated herein by this reference.

SECTION 3. REPEALER CLAUSE:

All ordinances and parts of ordinances in conflict with this Ordinance are hereby repealed to the extent of such conflict.

SECTION 4. SAVINGS CLAUSE:

Neither the adoption of this Ordinance nor the repeal of any Ordinance shall, in any manner, affect the prosecution for violation of such Ordinance committed prior to the effective date of this Ordinance or be construed as a waiver of any license or penalty due under any such Ordinance or in any manner affect the validity of any action heretofore taken by the City of Sandpoint City Council or the validity of any such action to be taken upon matters pending before the City Council on the effective date of the Ordinance.

SECTION 5. SEVERABILITY CLAUSE:

It is hereby declared to the legislative intent that the provisions and parts thereof of this Ordinance shall be severable. Should any section, subsection, paragraph, clause or phrase of this Ordinance or any particular application thereof be declared valid or unconstitutional for any reason by a court of competent jurisdiction, such decision shall not affect the remaining portions of said section, subsection paragraph, clause or phrase of this Ordinance.

SECTION 6. PUBLICATION EFFECTIVE DATE: This Ordinance shall take effect and be in full force upon its passage, approval and publication of its summary in at lease one (1) issue of the Bonner County Daily Bee, a newspaper of general distribution in the City of Sandpoint, Bonner County, Idaho and hereby declared to be the official newspaper for the publication of this Ordinance.

PASSED BY THE CITY COUNCIL as an ordinance of the City of Sandpoint on this 16th day of February 2004.

Raymond P. Miller, Mayor

ATTEST:

Helen M. Newton, City Clerk

ORDINANCE NO. 1130

SNP Legal 5904

March 8, 2005