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ORDINANCE NO. 1181

| September 27, 2007 9:00 PM

AN ORDINANCE OF THE CITY OF SANDPOINT, A MUNICIPAL CORPORATION OF THE STATE OF IDAHO, AMENDING THE LEGAL DESCRIPTION IN ORDINANCE NO. 1125 PROVIDING FOR THE ANNEXATION OF REAL PROPERTY; PROVIDING FOR THE AMENDMENT OF THE SANDPOINT CITY CORPORATE BOUNDARIES; PROVIDING FOR NOTICE TO THE BONNER COUNTY TREASURER, ASSESSOR AND RECORDER; ADOPTING AN INITIAL ZONING DESIGNATION OF RURAL RESIDENTIAL RR1 FOR THE REAL PROPERTY; PROVIDING A SEVERABILITY CLAUSE; PROVIDING FOR AN EFFECTIVE DATE.

WHEREAS: Ordinance No. 1125 had an error in the legal description and did not include the west 10 feet of the property as well as part of the Woodland Drive right-of-way; and

WHEREAS: The annexation of the parcel of land described hereinafter meets the requirements of the Sandpoint Comprehensive Plan; and

WHEREAS: The property annexed is contiguous and adjacent to the current City of Sandpoint corporate boundaries and the property lies within the Area of City Impact for the City of Sandpoint; and

WHEREAS: Notice of Public Hearing was published and mailed property owners within 300 feet by way of a map showing the annexation area; and

WHEREAS: The property owner requested and consented in writing to the annexation of the real property; and

WHEREAS: The initial zoning designation of Rural Residential RR1 is consistent with the Sandpoint City Comprehensive Plan.

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

SECTION 1. This Ordinance amends and replaces the legal description in Ordinance No. 1125 to the extent that the legal description in the ordinance was inaccurate.

SECTION 2. The legal description in Ordinance No. 1125 is hereby amended to the extent it is inconsistent with the legal description herein. The territory lying within the following described legal description shall be and is hereby annexed into and incorporated within the corporate boundaries of the City of Sandpoint, Bonner County, Idaho, pursuant to Idaho Code 50-222 and Sandpoint City Code, Title 1, Chapter 11:

The E 1 / 2 of the SE 1 / 4 of the NE 1 / 4 in Section 9, and that portion of the SW 1 / 4 of the NW 1 / 4 less the SW 1 / 4 of the SW 1 / 4 of the NW 1 / 4 east of the county road in Section 10, all in Township 57 North, Range 2 W.B.M.

AND

A tract of land located in Section 9, Township 57 North, Range 2 W.B.M., more fully described as follows: Beginning at the Southeast corner of the West _ of the SE _ of the NE _ of said Section 9; thence along the center section line South 89°20'51" West a distance of 6.96 feet; thence North 0°27'36" West, following an existing fence line, a distance of 1,307.58 feet; thence South 86°52'12" East following an existing fence line, a distance of 10.02 feet; thence South 0°19'36" East, along the East line of said West _, a distance of 1,306.94 feet to the point of beginning.

AND

That portion of the Burlington Northern Santa Fe Railroad right-of-way between Woodland Drive and Mountain View Drive, lying east of and between the above-described property and the current Sandpoint corporate boundary.

AND

Those portions of the Woodland Drive and Mountain View rights-of-way lying adjacent to the above-described property;

SECTION 3. The corporate boundaries of the City of Sandpoint and Sandpoint City Code 1-10-1 shall be and are hereby amended as listed in Section 1.

SECTION 4. The Sandpoint City Clerk shall provide notice of this Ordinance to the Bonner County Assessor, Treasurer, and Recorder, and to the Idaho State Tax Commission in the manner required by Idaho Code Sections 50-223 and 63-215.

SECTION 5: The real property listed in Section 1 shall be given a zoning designation of Rural Residential RR1 as defined by City Code and the Zoning Map of the City is hereby amended to reflect this change.

SECTION 6: This Ordinance shall take effect and be in full force upon its passage, approval, and publication of its summary in at least 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 for the publication of this Ordinance.

PASSED AND ADOPTED as an Ordinance of the City of Sandpoint, Bonner County, Idaho, at a regular session of the City of Sandpoint City Council on the 19th day of September, 2007.

Raymond P. Miller, Mayor

Attest:

Maree Peck, City Clerk

Legal SNP 8999

September 27, 2007