HomeMy WebLinkAboutOrd No 1230 Exhibit 4 SUMMARY OF CITY OF REXBURG ORDINANCE NO 1230 - Deannexation of URA North Highway PlanExhibit 4
SUMMARY OF ORDINANCE NO. 1230
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF REXBURG, IDAHO, APPROVING THE FIRST AMENDMENT TO THE SECOND AMENDED AND RESTATED URBAN RENEWAL PLAN NORTH HIGHWAY URBAN RENEWAL PROJECT,
INCLUDING SOUTH ADDITION, WHICH FIRST AMENDMENT SEEKS TO DEANNEX CERTAIN PARCELS FROM THE EXISTING SECOND AMENDED AND RESTATED URBAN RENEWAL PLAN NORTH HIGHWAY URBAN RENEWAL PROJECT,
INCLUDING SOUTH ADDITION PROJECT AREA; WHICH FIRST AMENDMENT AMENDS A PLAN THAT INCLUDES REVENUE ALLOCATION FINANCING PROVISIONS; AUTHORIZING THE CITY CLERK TO TRANSMIT A COPY OF THIS
ORDINANCE AND OTHER REQUIRED INFORMATION TO THE COUNTY AND STATE OFFICIALS AND THE, AFFECTED TAXING ENTITIES; PROVIDING SEVERABILITY; APPROVING THE SUMMARY OF THE ORDINANCE; AND PROVIDING
AN EFFECTIVE DATE.
NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE CITY OF REXBURG:
SECTION 1: The First Amendment attached hereto as Exhibit 1 and made a part hereof, is hereby approved. As directed by the City Council, the City Clerk may make certain technical corrections
or revisions in keeping with the information and testimony presented at the June 17, 2020, hearing, including, but not limited to, changes to the maps and legal descriptions contained
in the First Amendment, and incorporate changes or modifications, if any.
SECTION 2: No direct or collateral action challenging the First Amendment shall be brought prior to the effective date of this Ordinance or after the elapse of thirty (30) days from
and after the effective date of this Ordinance adopting the First Amendment.
SECTION 3: Upon the effective date of this Ordinance, the City Clerk is authorized and directed to transmit to the Madison County Auditor and Assessor, and the Madison County Board
of County Commissioners and to the appropriate officials of the City of Rexburg, Madison County Ambulance, Madison County Mosquito Abatement, Madison County Road and Bridge, Madison
Library District, Madison School #321, Rexburg Cemetery, Madison County Fire, and the State Tax Commission a copy of this Ordinance, a copy of the legal description of the boundary
of the deannexed area, and a map indicating the boundaries of the parcels to be deannexed from the Existing Project Area.
SECTION 4: This Ordinance shall be in full force and effect immediately upon its passage, approval, and publication, and shall be retroactive to January 1, 2020, to the extent permitted
by the Law and the Act, with the remaining Existing Project Area maintaining its base assessment roll as of January 1, 1991 for the original North Highway Plan Project Area, January
1, 1998, for the Amended and Restated North Highway Plan Project Area, and January 1, 2005, for the Second Amended and Restated North Highway Plan Project Area.
SECTION 5: The provisions of this Ordinance are severable, and if any provision of this Ordinance or the application of such provision to any person or circumstance is declared invalid
for any reason, such declaration shall not affect the validity of remaining portions of this Ordinance.
SECTION 6: At least one-half, plus one of the City Council members finding good cause, the City Council hereby dispenses with the rule that this Ordinance be read on three different
days; two readings of which shall be in full, and have hereby adopted this Ordinance, having considered it at one reading;
SECTION 7: The Summary of this Ordinance, a copy of which is attached hereto as Exhibit 4, is hereby approved.
SECTION 8: All ordinances, resolutions, orders or parts thereof in conflict herewith are hereby repealed, rescinded and annulled.
SECTION 9: SAVINGS CLAUSE: This Ordinance does not affect an action or proceeding commenced or right accrued before this Ordinance takes effect.
PASSED by the City Council of the city of Rexburg, Idaho, on this 17th day of June 2020.
APPROVED by the Mayor of the city of Rexburg, Idaho, on this 17th day of June 2020.
EXHIBITS TO THE ORDINANCE
Exhibit 1 First Amendment to the Second Amended and Restated Urban Renewal Plan North Highway Urban Renewal Project, Including South Addition
Exhibit 2 Notice Published in the Standard Journal on May 15 and 29, 2020
Exhibit 3 A Resolution of the Planning and Zoning Commission for the City of Rexburg, Idaho, Validating Conformity of the First Amendment to the Second Amended and Restated Urban Renewal
Plan North Highway Urban Renewal Project, Including South Addition, with the City of Rexburg’s Comprehensive Plan
Exhibit 4 Ordinance Summary
SUMMARY OF FIRST AMENDMENT
The First Amendment to the Second Amended and Restated Urban Renewal Plan North Highway Urban Renewal Project, Including South Addition (“First Amendment”) was prepared by the Agency
pursuant to the Idaho Urban Renewal Law of 1965, Chapter 20, Title 50, Idaho Code, as amended (the “Law”), the Local Economic Development Act, Chapter 29, Title 50, Idaho Code, as amended
(the “Act”), and all applicable laws and ordinances and was approved by the Urban Renewal Agency of the City of Rexburg, Idaho, also known as the Rexburg Redevelopment Agency (the “Agency”).
The First Amendment seeks to deannex certain parcels from the Second Amended and Restated Urban Renewal Plan North Highway Urban Renewal Project, Including South Addition (“Second
Amended and Restated North Highway Plan”) project area (the “Existing Project Area”). The First Amendment being considered for adoption contains a previously adopted revenue allocation
financing provision pursuant to the Act that will continue to cause property taxes resulting from any increases in equalized assessed valuation in excess of the equalized assessed valuation
on the parcels remaining in the Existing Project Area as shown on the original base assessment roll as of January 1, 1991, for the original North Highway Plan Project Area, January
1, 1998, for the Amended and Restated North Highway Plan Project Area, and January 1, 2005, for the Second Amended and Restated North Highway Plan Project Area, that will continue to
be allocated to the Agency for urban renewal purposes.
The general scope and objective of the First Amendment is the deannexation of certain parcels from the boundaries of the Existing Project Area.
The First Amendment shall deannex the following parcels from the Existing Project Area consisting of approximately 72 acres of private property and public streets and as more particularly
described below.
The legal description of the area to be deannexed is as follows:
Parcel Description 1.
Commencing at the Southeast corner of Section 18, Township 6 North, Range 40 East, Boise Meridian, Madison County, Idaho, and running thence S59°04’31”W a distance of 58.15 feet more
or less to the Northeast corner of Lot 1 of the North
2nd East Church Subdivision Plat I, recorded July 9, 2001 as Instrument No. 290157, thence S00°13’42”E a distance of 7.25 feet to the point of beginning, and running thence N89°51’53”W
a distance of 200.14 feet more or less to the intersection of the West line of said Lot 1 of said Subdivision, thence S00°08’07”W a distance of 241.72 feet, thence N89°51’53”W 257.53
feet to the Northwest corner of Lot 3 of said Subdivision and the intersection of the railroad right of way, thence N30°11’25”E along the railroad right of way a distance of 1015.82
feet more or less to the intersection of the East line of said section, thence N71°48’41”E a distance of 215.18 feet, thence S17°06’24”W a distance of 31.35 feet, thence S21°49’48”W
a distance of 27.56 feet, thence along a curve to the right with an arc length of 84.22 feet, a radius of 548.26 feet and a chord bearing S30°06’10”W, thence S24°11’09”W a distance
of 22.27 feet thence along a curve to the right with an arc length of 97.51 feet, a radius of 333.99 feet and a chord bearing S34°12’28”W, thence S57°40’43”W a distance of 32.66 feet,
thence S0°02’11”E a distance of 887.99 feet, thence S89°22’20”W a distance of 102.87 feet more or less to the intersection of the East line of Lot 3 of said Subdivision, thence N00°13’42”W
a distance of 431 feet more or less to the point of beginning.
Parcel Description 5.
Lot 4 of the North 2nd East Church Subdivision Plat I, City of Rexburg, Madison County, Idaho as shown on the plat recorded July 9, 2001, as Instrument No. 290157
Parcel Description 6.
Commencing at a point 50 feet West and 1145 feet South of the NE corner of Section 19, Township 6 North, Range 40 E.B.M., Madison County, Idaho, and Running Thence West 300 feet; thence
South 140 feet; thence East 300 feet; thence North 140 feet to the point of beginning.
Parcel Description 8.
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Parcel Description 9.
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Parcel Description 10.
Lot 1 of the Grover Subdivision, City of Rexburg, Madison County, Idaho as shown on the plat recorded April 13, 2015, as Instrument No. 394710.
Parcel Description 11.
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Parcel Description 12.
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Parcel Description 13.
Lot 3 of Grover Subdivision, Madison County, Idaho, as shown on the Plat recorded April 13, 2015 as Instrument No. 394710.
Parcel Description 14.
Lot 7, Block 1, Walker Addition Division No. 3, City of Rexburg, Madison County, Idaho, as shown on the Plat recorded November 1, 2007, as Instrument No. 341317.
Parcel Description 15.
Lot 8, Block 1, Walker Addition Division No. 3, City of Rexburg, Madison County, Idaho, as shown on the Plat recorded November 1, 2007, as Instrument No. 341317.
Parcel Description 16.
Lot 12, Block 1, Walker Addition Division No. 3, City of Rexburg, Madison County, Idaho, as shown on the Plat recorded November 1, 2007, as Instrument No. 341317.
Parcel Description 17.
Lot 13, Block 1, Walker Addition No. 3 to the City of Rexburg, Madison County, Idaho, as shown on the Plat recorded November 1, 2007 as Inst. No. 341317.
Parcel Description 18.
Lot 14 Block 1 Walker Addition No. 3 to the City of Rexburg, Madison County, Idaho as shown on the Plat recorded November 1, 2007 as Inst. No. 341317.
Parcel Description 19.
Commencing at the Northwest corner of Lot 2 Block 2, Walker Addition Division No. 2 being in Section 20, Township 6 North, Range 40 East, Boise Meridian, Madison County, Idaho and running
thence N89°47’47”E a distance of 129.99 feet to the point of beginning, thence continuing N89°47’47”E a distance of 186.43 feet to the Northeast corner of Lot 2 Block 2, Walker Addition
Division No. 2, thence S0°12’13”E a distance of 176.00 feet to the Southeast corner of said Lot 2, thence S89°47’47”W along the said lot a distance of 186.43 feet, thence
N0°12’13”W a distance of 176.00 feet more or less to the point of beginning.
Also the Westerly 67.55 feet of Lot 3, Block 2 of the Walker Addition Division No. 2 to the City of Rexburg, Madison County, Idaho as shown on the plat recorded September 22, 2004. As
Instrument No. 316040.
Parcel Description 20.
A parcel of land shown as the Rexburg Canal on the Walker Addition Division No. 2 Final Plat Recorded November 22, 2004 and recorded as Inst. No. 316040 further described as follow:
Commencing at the Center Quarter corner of Section 20, Township 6 North, Range 40 East, Boise Meridian, Madison County, Idaho and running N00°01’15”E a distance of 22.62 feet, thence
along a curve to the right with an arc length of 49.41 feet, a radius of 542.96 feet and a chord bearing N75°54’54”W with a chord distance of 49.40 feet, thence continuing along a curve
to the left with an arc length of 175.53 feet, a radius of 602.96 feet and a chord bearing N81°38’51”W with a chord distance of 174.91 feet, thence N89°55’43”W a distance of 623.32
feet, thence along a curve to the left with an arc length of 220.94 feet, a radius of 316.48 feet and a chord bearing S70°00’47”W with a chord distance of 216.48 feet, thence S50°00’47”W
a distance of 334.32 feet, thence along a curve to the right with an arc length of 126.44 feet, a radius of 351.97 feet and a chord bearing S60°18’15”W with a chord distance of 125.76
feet, thence continuing along a curve to the right with an arc length of 117.71 feet, a radius of 351.97 feet and a chord bearing S80°10’33”W with a chord distance of 117.16 feet,
thence S88°34’34”W a distance of 30.83 feet, thence N0°12’13”W a distance of 19.50 feet, thence N48°22’42”E a distance of 100.75 feet, thence N57°52’05”E a distance of 95.68 feet, thence
S10°12’13”E a distance of 22.80 feet, thence N54°22’40”E a distance of 156.73 feet, thence N53°39’54”E a distance of 189.54 feet, thence N57°26’52”E a distance of 134.82 feet, thence
N71°13’14”E a distance of 111.53 feet, thence N81°08’26”E a distance of 106.05 feet, thence S87°17’10”E a distance of 200.97 feet, thence N89°08’49”E a distance of 398.96 feet, thence
S77°41’56”E a distance of 199.85, thence S0°01’15”W a distance of 63.40 feet more or less to the point of beginning.
Parcel Description 21.
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Parcel Description 22.
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Parcel Description 23.
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Parcel Description 24.
Commencing at the West Quarter Corner of Section 20, Township 6 North, Range 40 East, Boise Meridian, Madison County, Idaho and running thence S89°59’22”E a distance of 1319.85, thence
S0°15’02”E a distance of 760.28 feet, thence N89°44’58”E a distance of 333.50 feet to the point of beginning and running thence S0°36’14”W a distance of 289.62 feet, thence N89°53’18”E
a distance of 246 feet, thence N0°13’29”E a distance of 351.93 feet, thence N89°46’10”W a distance of 243.76 feet, thence S0°30’38”W a distance of 63.79 feet more or less to the point
of beginning.
Parcel Description 25.
A parcel of land describing a portion of North 2nd East Street in the Rexburg Townsite further described as follow:
Commencing at the Southeast corner Section 18, Township 6 North, Range 40 East, Boise Meridian, Madison County, Idaho, and running thence S59°04’31”W a distance of 58.15 feet more or
less to the Northeast corner of Lot 1 of the North 2nd Church Subdivision Plat I, recorded July 9, 2001, as Instrument No. 290157, running thence South a distance of 591 feet to the
point of beginning, thence South a distance of 2097.83 feet, thence East a distance of 99 feet more or less to the intersection of the West line of Block 2 of the Rexburg Town site,
thence North a distance of 2097.83 feet more or less to the North boundary line of Lorene Street right of way and the intersection of North 2nd East Street, thence West 99 feet more
or less to the point of beginning.
Parcel Description 26.
A parcel of land describing a portion of North 2nd East Street in the Rexburg Town site further described as follow:
Commencing at the East Quarter corner of Section 19, Township 6 North, Range 40 East, Boise Meridian, Madison County, Idaho, thence West 49.50 feet more or less to the Northeast corner
of Block 3 of the Rexburg Town site, thence South 245.33 feet said point being the point of beginning, and running thence South 1568.90 feet more or less to the Southeast corner of
Block 21 of the Rexburg Townsite, thence East 99 feet more or less to the Southwest corner of Block 20 of the Rexburg Townsite, thence North 1568.90 feet, thence West 99 feet more or
less to the point of beginning.
Parcel Description 27.
A parcel of land describing a portion of East 2nd North Street, North 3rd East Street, and East 4th North Street in the Rexburg Town site further described as follow:
Commencing a the Southwest corner of Block 17 of the Rexburg Townsite and running thence East 660.00 feet more or less to the Southeast corner of said Block, thence North a distance
of 523.87 feet, thence S82°08’36”E a distance of 14.84 feet, thence N0°10’23”E a distance of 757.03 feet, thence S89°47’03”W a distance of 679.56 feet more or less to the intersection
of North 2nd East Street and East 4th North Street, thence North 61.00 feet, thence East 672.77 feet to a curve ,to the right with an arc length of 69.68 feet, a radius of 500.00 feet
and a chord bearing N77°29’10”E, thence S0°30’42”E a distance of 773.85 feet thence N89°44’58”E a distance of 19.50 feet, thence S0°04’52”E a distance of 39.89 feet more or less to
the more or less to the Northwest corner of the Brentwood Townhomes Final Plat recorded February 28, 2007 as Instrument No. 335150, thence continuing South a distance of 643.05 feet
more or less to the Northwest corner of Block 19 of the Rexburg Townsite, thence West 762.50 feet more or less to the Northwest corner of Block 20 of the Rexburg Townsite, thence North
99.00 feet more or less to the point of beginning.
Parcel Description 28.
A parcel of land describing a portion of Barney Dairy Rd in the Rexburg Townsite further described as follows:
Commencing at the Center Quarter Corner of Section 20, Township 6 North, Range 40 East, Boise Meridian, Madison County, Idaho, thence S89°59’13”W a distance of 804.24 feet, thence along
a curve to the left with an arc length of 86.60 feet, a radius of 562.55 feet and a chord bearing S84°23’03"W, thence S78°23’03”W a distance of 2.22 feet, thence along a curve to the
left with an arc length of 95.96 feet, a radius of 270.77 feet and a chord bearing S64°39’32”W, thence S52°02”08”W a distance of 360.19 feet, thence along a curve to the right with
an arc length of 241.19 feet, a radius of 474.48 feet and a chord bearing S65°43’20”W, thence S82°16’35”W a distance of 24.96 feet, thence S00°15’02”E a distance of 22.08 feet, thence
S89°44’58”W a distance of 79.85 feet, thence N0°15’02”W a distance of 19.50 feet, thence S89°44’58”W a distance of 240.00 feet, thence along a curve to the left a with an arc length
of 47.13 feet, and a radius of 30.00 feet and a chord bearing S44°44’58”W to where it intersects with the East right of way of North 3rd East Street, thence North along said right of
way 113.08 feet more or less to the intersection of the 1st Amended Plat of Walker Addition Division No. 1 recorded January 15, 1998 as Instrument No. 269965 and the right of way of
said street, thence along a curve to the left following the South line of said Subdivision and the right of way of Barney Dairy Road with an arc length of 47.12 feet, a radius of 30.00
feet and a chord bearing S45°46’23”E, thence along the Barney Dairy Road right of way N89°45’23”E a distance of 265.00 feet, thence N88°34’34”E a distance of 30.83 feet, thence along
a curve to the left with an arc length of 244.15 feet, a radius of 351.97 feet and a chord bearing N69°53’05”E and a chord length of 239.28, thence N50°00’47”E a distance of 334.32
feet, thence along a curve to the right with an arc length of 220.94, a radius of 316.48 feet and a chord bearing N70°00’47”E, thence S89°59’13”E a distance of 623.24 feet, thence along
a curve to the right with an arc length of 175.53 feet, a radius or 602.96 feet and a chord bearing S81°38’51”E, thence along a curve to the right with an arc length of 49.41 feet,
a radius of 542.98 feet and a chord bearing S75°54’54”E, thence South a distance of 22.62 feet more or less to the point of beginning.
Parcel Description 29.
A parcel of land describing First American Circle and a portion of East 4th North Street in the Rexburg Townsite further described as follows:
Commencing at the Center Quarter Corner of Section 20, Township 6 North, Range 40 East, Boise Meridian, Madison County, Idaho, and running thence N00°01’15”E a distance of 86.02 feet
to the Southeast Corner of the Walker Addition Division No. 3 Final Plat recorded November 11, 2007 as Instrument No. 341317, thence N77°41’56”W a distance of 199.85 feet, thence S89°08’49”W
a distance of 398.96 feet, thence N87°17’10”W a distance of 200.97 feet, thence S81°08’26”W a distance of 27.65 feet and being the point of beginning, thence N15°43’43”E a distance
of 21.08 feet, thence N44°43’45”E a distance of 226.31 feet, thence along a curve to the right with an arc length of 51.81 feet, a radius of 66.00 feet and a chord bearing N67°13’00”E
50.49 feet, thence N89°42’14”E a distance of 328.16 feet, thence along a curve to the right with an arc length of 17.04 feet, a radius of 20.00 feet and a chord bearing S65°53’25”E
16.53 feet, thence along a curve to the left with an arc length of 79.07 feet, a radius of 62.00 feet and a chord bearing S78°01’14”E 73.82 feet, thence along a curve to the left with
an arc length of 106.24 feet, a radius of 62.00 feet and a chord bearing N16°21’08”E 93.71 feet, thence along a curve to the left with an arc length of 96.26 feet, a radius of 62.00
feet and a chord bearing N77°13’09”W 86.88 feet, thence along a curve to the left with an arc length of 18.84 feet, a radius of 62.00 feet and a chord bearing S49°35’48”W 18.77 feet,
thence along a curve to the right with an arc length of 17.04 feet, a radius of 20.00
feet and a chord bearing S65°17’53”W 16.53 feet, thence S89°42’14”W a distance of 328.16 feet, thence along a curve to the left with an arc length of 105.18 feet, a radius of 134.00
feet and a chord bearing S67°13’00”W 102.50 feet, thence S44°43’45”W a distance of 190.79 feet, thence along a curve to the right with an arc length of 31.13 feet, a radius of 20.00
feet and a chord bearing S89°18’48”W 28.08 feet, thence along a curve to the left with an arc length of 90.57 feet, a radius of 334.00 feet and a chord bearing N53°52’16”W 90.30 feet,
thence along a curve to the left with an arc length of 166.51 feet, a radius of 334.00 feet and a chord bearing N75°55’18”W 164.79 feet, thence S89°47’47”W a distance of 224.96 feet,
thence S00°12’13”E a distance of 68.00 feet, thence N89°47’47”E a distance of 217.25 feet, thence along a curve to the right with an arc length of 208.60, a radius of 266.00 feet and
a chord bearing S67°44’14”E 203.30 feet, thence S45°16’15”E a distance of 68.01 feet, thence N81°51’06”E a distance of 49.96 feet more or less to the point of beginning.
The deannexation of certain parcels from the Existing Project Area is also depicted by cross hatching in the map below:
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ATTACHMENTS TO THE FIRST AMENDMENT
Attachment 1A Boundary Map of the Deannexed Area
Attachment 2A Legal Description of the Boundary of the Deannexed Area
Attachment 5D Supplement to Attachment 5: Financial Analysis Related to the 2020 Deannexation
The full text of Ordinance 1230 is available at the offices of the City Clerk, 35 N. 1st East, Rexburg, Idaho, 83440.
This summary approved by the Rexburg City Council at its meeting of June 17, 2020.
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Jerry Merrill, Mayor
ATTEST:
_______________________________
Deborah Lovejoy, City Clerk
I, Stephen Zollinger, City Attorney for the City of Rexburg, declare that in my capacity as City Attorney of the City of Rexburg, pursuant to Idaho Code Section 50-901A(3) of the Idaho
Code as amended, I hereby certify that I have reviewed a copy of the above cited Summary of Ordinance and have found the same to be true and complete and to provide adequate notice
to the public of the contents, including the exhibits, of Ordinance No. 1230.
DATED this 17th day of June 2020.
___________________________________
Stephen Zollinger, City Attorney
City of Rexburg
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