HomeMy WebLinkAboutOrd No 1230 Summary - Deannexation of URA North Highway PlanSUMMARY OF ORDINANCE 1230 - 1
Exhibit 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;
SUMMARY OF ORDINANCE 1230 - 2
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
SUMMARY OF ORDINANCE 1230 - 3
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.
Parcel Description 9.
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.
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Parcel Description 11.
Parcel Description 12.
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
SUMMARY OF ORDINANCE 1230 - 5
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.
SUMMARY OF ORDINANCE 1230 - 6
Parcel Description 21.
SUMMARY OF ORDINANCE 1230 - 7
Parcel Description 22.
Parcel Description 23.
SUMMARY OF ORDINANCE 1230 - 8
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.
SUMMARY OF ORDINANCE 1230 - 9
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
SUMMARY OF ORDINANCE 1230 - 10
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.
SUMMARY OF ORDINANCE 1230 - 11
The deannexation of certain parcels from the Existing Project Area is also depicted by
cross hatching in the map below:
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.
__________________________________
Jerry Merrill, Mayor
ATTEST:
_______________________________
Deborah Lovejoy, City Clerk
SUMMARY OF ORDINANCE 1230 - 12
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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