Ordinance - 2004 - 489 - Annex/Zone Hidden Island - 12/14/2004ORIGINAL
ADA COUNTY RECORDER J. DAVID NAVARRO AMOUNT .00
BOISE IDAHO 12/15104 01:06 PM
DEPUTY Vicki Allen 111 I' II II I I I� I III I'I I I I' II I II I II 11 II
RECORDED -REQUEST OF 10415855
Eagle City
ORDINANCE NO. 489
AN ORDINANCE ANNEXING CERTAIN REAL PROPERTY SITUATED IN THE
UNINCORPORATED AREA OF ADA COUNTY, IDAHO, AND CONTIGUOUS TO THE
CORPORATE LIMITS OF THE CITY OF EAGLE, TO THE CITY OF EAGLE, IDAHO;
ESTABLISHING THE ZONING CLASSIFICATION OF SAID REAL PROPERTY
DESCRIBED HEREIN; AMENDING THE ZONING MAP OF THE CITY OF EAGLE TO
REFLECT SAID CHANGES; DIRECTING THAT COPIES OF THIS ORDINANCE BE FILED
AS PROVIDED BY LAW; AND PROVIDING AN EFFECTIVE DATE.
WHEREAS, the City of Eagle, Idaho is a municipal corporation organized and operating under
the laws of the State of Idaho and is authorized to annex to and incorporate within the boundaries
of the City contiguous real property in the manner provided by Section 50-222, Idaho Code; and
WHEREAS, the owners of the real property situated in the unincorporated area of Ada County
and particularly described in Exhibit "A" of this ordinance has requested, in writing, annexation
of said real property to the City of Eagle; and
WHEREAS, the owners of the real property situated within the City of Eagle and particularly
described in Exhibit "A" of this ordinance has requested, in writing, a rezone from RUT to R-2;
and
WHEREAS, the Planning and Zoning Commission of the City, pursuant to public notice as
required by law, held a public hearing on February 3, 2003, as required by Section 67-6525,
Idaho Code, and on February 18, 2003, made a recommendation to the Mayor and Council; and
WHEREAS, the Eagle City Council, pursuant to public notice as required by law, held a public
hearing on March 25, 2003, and April 8, 2003, on the proposed annexation and zoning for the
real property described in Exhibit "A" as required by Section 67-6525, Idaho Code, made
findings and determined that the requested annexation should be granted and that a zoning
classification of R-2 for the property described in Exhibit "A" is appropriate to meet the
requirements of Idaho Code, Eagle City Code and the Eagle Comprehensive Plan and should be
granted.
Page 1 of 3
K:\COUNCII.\Draft Ordinances\Ord 489 dRdoc
NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE CITY
OF EAGLE, IDAHO, as follows:
Section 1: The Eagle City Council hereby finds and declares that the real property particularly
described in Exhibit "A", attached hereto and incorporated herein by reference, is contiguous to
the City, that said property can be reasonably assumed to be used for the orderly development of
the City, and that the owner of said property has requested, in writing, annexation thereof to the
City.
Section 2: The real property, all situated in Ada County, Idaho, adjacent and contiguous to the
City, particularly described in Exhibit "A" and as generally shown on Exhibit "B", attached, is
hereby annexed to the incorporated territorial limits of the City of Eagle, Idaho.
Section 3: The City Council hereby finds and determines that it is in the best interests of the
public health, safety, and welfare of the City of Eagle and the residents and property therein that
the real property particularly described in Exhibit "A" and generally as shown on Exhibit "B",
attached hereto and incorporated by reference, is hereby removed from the RUT (Rural Urban
Transition) District classification and is hereby included in the Residential (up to two dwelling
units per acre) District Classification R-2 all pursuant to the Zoning Ordinance of the City of
Eagle. The City Council further finds and determines that said zone change is in accordance with
the Eagle Comprehensive Plan and relevant City Codes and that the Zoning Map of the City is
hereby amended to include the real property described in Exhibit "A" in the R-2 zoning district.
Section 4: From and after the effective date of this Ordinance, all property and persons within
the boundaries and territory described above shall be subject to all ordinances, resolutions, police
regulations, taxation, and other powers of the City of Eagle.
Section 5: The City Clerk is hereby directed to file, within ten (10) days of passage and approval
of this Ordinance, a certified copy of this Ordinance with the offices of the Auditor, Treasurer,
and Assessor of Ada County, Idaho, and with the Idaho State Tax commission, Boise, Idaho, as
required by Section 50-223, Idaho Code, and to comply with the provisions of Section 63-2215,
Idaho Code, with regard to the preparation and filing of a map and legal description of the real
property annexed by this Ordinance.
Section 6: This Ordinance shall take effect and be in force from and after its passage, approval,
and publication as required by law. In lieu of publication of the entire ordinance, a summary
thereof in compliance with Section 50-901A, Idaho Code, may be published.
Page 2 of 3
K:\COUNCII.\Draft Ordinances\Ord 489 dftdoc
DATED this 14th day of December, 2004.
CITY COUNCIL OF THE CITY OF EAGLE
Ada County, Idah
AT1I,EST:
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EagleA,Citf Clerk
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STATE OF IDAHO )
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County of Ada )
On this J0'day of b,J 2Jo'2 . in the year Z.004, before me, the undersigned, a
Notar Public in and for said State, personally appeared�i'4•�e Yuri t 1 and
` t/r_ E . O o f , known to me to be the MAYOR and CITY CLE K of said municipal
corporation that executed this instrument and the persons who executed the said instrument on
behalf of said corporation, and acknowledged to me that such corporation executed the same.
In witness whereof, I have hereunto set my hand and affixed my official seal the day and year
first written.
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Page 3 of 3
K:\COUNCIL\Draft Ordinances\Ord 489 dft.doc
RECEIVED & FILED
CITY OF EAGLE
r': 2 3 2004
Rocky Mountain Eng/neer/ng & Su,ve FiIA•
Civi • Surveying ■ Environm ind Dei--erij 4; -
�•d
EXHIBIT "A"
LEGAL DESCRIPTION FOR HIDDEN ISLAND SUBDIVISION
AUGUST I, 2002
A PARCEL OF LAND LOCATED IN U.S. GOVERNMENT LOTS 2, 7 AND 8 OF
SECTION 16, T. 4N., R. 1 E., B.M., ADA COUNTY, IDAHO MORE
PARTICULARLY DESCRIBED AS FOLLOWS:
BEGINNING AT AN ALUMINUM CAP MONUMENT MARKING THE CENTER
QUARTER CORNER OF SAID SECTION 16 FROM WHICH THE SOUTH
QUARTER OF SAID SECTION BEARS SOUTH 00°46'59" WEST A DISTANCE OF
2646.41 FEET;
THENCE ALONG THE NORTH -SOUTH CENTERLINE OF SAID SECTION 16,
SAID CENTERLINE ALSO BEING THE WEST BOUNDARY LINE OF
GOVERNMENT LOT 2 NORTH 00°46'59" EAST FOR A DISTANCE OF 438.26
FEET, MORE OR LESS, TO THE ORDINARY HIGH WATER MARK ON THE LEFT
BANK OF THE NORTH CHANNEL OF THE BOISE RIVER;
THENCE ALONG SAID ORDINARY HIGH WATER MARK THE FOLLOWING
TEN CALLS:
SOUTH 82°09'02" EAST FOR A DISTANCE OF 365.78 FEET;
THENCE SOUTH 65°40'52" EAST FOR A DISTANCE OF 91.03 FEET;
THENCE SOUTH 41°41'27" EAST FOR A DISTANCE OF 342.75 FEET;
THENCE SOUTH 49°09'03" EAST FOR A DISTANCE OF 125.26 FEET;
THENCE SOUTH 51°20'03" EAST FOR A DISTANCE OF 97.43 FEET;
THENCE SOUTH 71°17'57" EAST FOR A DISTANCE OF 81.44 FEET;
THENCE SOUTH 52°23'43" EAST FOR A DISTANCE OF 211.12 FEET;
THENCE SOUTH 51°56'58" EAST FOR A DISTANCE OF 270.23 FEET TO A
FOUND IRON PIN;
POCATELLO
155 South Second Avenue
Pocatello, Idaho 83201
phone: (208) 234-0110
lax: (208) 234-0111
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AMERICAN FALLS
460 Lincoln Street, Suite C
American Falls. Idaho 83211
phone: (208) 226-5764
fax (208) 226-5767
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THENCE SOUTH 48°58'13" EAST FOR A DISTANCE OF 41.91 FEET TO A
FOUND IRON PIN;
THENCE SOUTH 62°23'30" EAST FOR A DISTANCE OF 115.40 FEET TO
THE END OF AN EXISTING FENCE LINE;
THENCE LEAVING SAID ORDINARY HIGH WATER MARK SOUTH 48°33'52"
WEST FOR A DISTANCE OF 49.84 ALONG SAID FENCE TO A 5/8 INCH IRON
PIN;
THENCE CONTINUING ALONG SAID FENCE LINE SOUTH 15°29'13" WEST FOR
A DISTANCE OF 214.66 FEET TO THE NORTHERLY BANK OF A SLOUGH;
THENCE ALONG SAID NORTHERLY BANK THE FOLLOWING TWO CALLS:
NORTH 66°01'50" WEST FOR A DISTANCE OF 131.28 FEET;
THENCE SOUTH 85°55'48" WEST, 267.80 FEET TO A FOUND IRON PIN;
THENCE LEAVING SAID NORTHERLY BANK SOUTH 09°07'00" WEST FOR A
DISTANCE OF 54.00 FEET TO A FOUND IRON PIN ON THE SOUTHERLY BANK
OF SAID SLOUGH;
THENCE ALONG SAID SOUTHERLY BANK THE FOLLOWING THREE CALLS:
SOUTH 63°26'00" WEST FOR A DISTANCE OF 161.80 FEET TO A FOUND
IRON PIN;
THENCE SOUTH 29°10'00" WEST FOR A DISTANCE 387.60 FEET TO A
FOUND IRON PIN;
THENCE ALONG A FENCE LINE SOUTH 25°19'00" WEST FOR A
DISTANCE OF 166.80 FEET;
THENCE LEAVING SAID SOUTHERLY BANK OF THE SLOUGH SOUTH
62°24'20" WEST ALONG THE FENCE LINE FORA DISTANCE OF 473.10 FEET
TOA FOUND IRON PIN;
THENCE SOUTH 77°29'00" WEST ALONG A FENCE LINE FOR A DISTANCE OF
81.10 FEET TO A FOUND IRON PIN;
THENCE NORTH 81°11'55" WEST ALONG THE FENCE LINE FOR A DISTANCE
OF 4.12 FEET TOA FOUND PIN;
R:\Rme\2001\Hid-ild\.survey\BOLNDARY LEGAL.doc 08/01/02
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THENCE SOUTH 16°29'18" WEST FOR A DISTANCE 29.93 FEET;
THENCE NORTH 75°35'36" WEST FOR A DISTANCE 12.50 FEET TO THE
NORTHEAST CORNER OF THAT PARCEL DESCRIBED IN QUITCLAIM DEED
RECORDED AS INSTRUMENT NO. 100038538, RECORDS OF ADA COUNTY
RECORDER, ADA COUNTY, IDAHO;
THENCE ALONG SAID SOUTHERLY LINE SOUTH 53°53'04" WEST FOR A
DISTANCE OF 54.65 FEET TO THE SOUTHWEST CORNER OF SAID PARCEL
ALSO THE NORTHEAST CORNER OF LOT 66 BLOCK 1 OF ISLAND WOODS
SUBDIVISION NO. 3 ACCORDING TO THE OFFICIAL PLAT THEREOF, FILED IN
BOOK 74 OF PLATS ON PAGES 7610 AND 7611, RECORDS OF ADA COUNTY,
IDAHO;
THENCE ALONG THE SOUTHEASTERLY LINE OF SAID LOT 66 SOUTH
53°53'04" WEST FOR A DISTANCE OF 157.55 FEET TO SOUTHERLY CORNER
OF SAID LOT 66 ALSO THE NORTHERLY RIGHT OF WAY LINE OF RIVER
CHASE WAY TO A POINT OF NON TANGENCY ON A 190 FOOT RADIUS
CURVE WHICH THE CENTER BEARS SOUTH 70°06'58" WEST;
THENCE NORTHWESTERLY ALONG THE 190 FOOT RADIUS CURVE AND THE
WESTERLY RIGHT OF WAY LINE OF RIVER CHASE WAY THROUGH A
CENTRAL ANGLE OF 15°17'36" FOR A DISTANCE OF 50.71 FEET (THE CORD
BEARS NORTH 27°31'50" WEST FOR A DISTANCE OF 50.56 FEET)TO THE
SOUTHWEST CORNER OF SAID LOT 66;
THENCE LEAVING SAID RIGHT-OF-WAY LINE FOLLOWING THE NORTH
WESTERLY LINE OF SAID LOT 66 NORTH 53°53'04" EAST FOR A DISTANCE
OF 187.54 FEET TO THE NORTHERLY CORNER OF SAID LOT ALSO TO A
POINT ON THE NORTH -SOUTH CENTERLINE OF SECTION 16;
THENCE ALONG SAID NORTH -SOUTH CENTERLINE OF SECTION 16 NORTH
00°46'59" EAST FOR A DISTANCE OF 1502.41 FEET TO THE POINT OF
BEGINNING, CONTAINS 36.03 ACRES, MORE OR LESS.
R:\Rme\2001\Hid-ild\survey\BOUNDARY LEGAL.doc
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CITY OF EAGLE
JUN 20 2002
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Pomona, ID 33201
42010 234-0110
Engineering & Surveying
460 Linooln Stant, Suite C
AmorlounFe1h, IDE3211
M081226-5764
HIDDEN ISLAND SUBDIVISION
LARRY FLYNN
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PROJEC1110.
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Valley Times
P.O. Box 1790
Eagle, Idaho 83616
LEGAL ADVERTISING PROOF OF PUBLICATION
Accc ur
CtT4 wig ECIL a [.
ORDINANCE NO. 489
AN ORDINANCE ANNEXING CERTAIN REAL PROPERTY SITUATED IN
THE UNINCORPORATED AREA OF ADA COUNTY, IDAHO, AND CONTIGU-
OUS TO THE CORPORATE LIMITS OF THE CITY OF EAGLE, TO THE CITY
OF EAGLE, IDAHO; ESTABLISHING THE ZONING CLASSIFICATION OF SAID
REAL PROPERTY DESCRIBED HEREIN; AMENDING THE ZONING MAP OF
THE CITY OF EAGLE TO REFLECT SAID CHANGES; DIRECTING THAT
COPIES OF THIS ORDINANCE BE FILED AS PROVIDED BY LAW; AND
PROVIDING AN EFFECTIVE DATE.
WHEREAS, the City of Eagle, Idaho is a municipal corporation organized and
operating under the laws of the State of Idaho and is authorized to annex to and
incorporate within the boundaries of the City contiguous real property in the
manner provided by Section 50-222, .Idaho Code; and
WHEREAS, the owners of the real •property situated in the unincorporated area of
Ada County and particularly described in Exhibit "A" of this ordinance has re-
quested, in writing, annexation of said real property to the City of Eagle; and
WHEREAS, the owners of the real property situate4 within the City of Eagle and
particularly described in Exhibit "A" of this ordinance has requested, in writing, a
rezone from RUT to R-2; and
WHEREAS, the Planning and Zoning Commission of the City, pursuant to public
notice as required by law, held a public hearing on February 3, 2003, as required by
Section 67-6525, Idaho Code, and on February 18, 2003, made a recommendation
to the Mayor and Council; and
WHEREAS, the Eagle City Council, pursuant to public notice as required by law,
held a public hearing on March 25, 2003, and April 8, 2003, on the proposed
annexation and zoning for the real property described in Exhibit "A" as required by
Section 67-6525, Idaho Code, made findings and determined that the requested
annexation should be granted and that a zoning classification of R-2 for the
property described in Exhibit "A" is appropriate to meet the requirements of Idaho
Code, Eagle City Code and the Eagle Comprehensive Plan and should be granted.
NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND COUNCIL OF
THE CITY OF EAGLE, IDAHO, as follows:
Section 1: The Eagle City Council hereby finds and declares that the real property
particularly described in Exhibit "A", attached hereto and incorporated herein by
reference, is contiguous to the City, that said property can be reasonably assumed
to be used for the orderly development of the City, and that the owner of said
property has requested, in writing, annexation thereof to the City.
Section 2: The real property, all situated in Ada County, Idaho, adjacent and
contiguous to the City, particularly described in Exhibit "A" and as generally shown
on Exhibit "B", attached, is hereby annexed to the incorporated territorial limits
of the City of Eagle, Idaho.
Section 3: The City Council hereby finds and determines that it is in the best
interests of the public health, safety, and welfare of the City of Eagle and the
residents and property therein that the real property particularly described in
Exhibit "A" and generally as shown on Exhibit "B", attached hereto and incorpo-
rated by reference, is hereby removed from the RUT (Rural Urban Transition)
District classification and is hereby included in the Residential (up to two dwelling
units per acre) District Classification R-2 all pursuant to the Zoning Ordinance of
the City of Eagle. The City Council further finds and determines that said zone
change is in accordance with the Eagle Comprehensive Plan and relevant City
Codes and that the Zoning Map of the City is hereby amended to include the real
property described in Exhibit "A" in the R-2 zoning district.
Section 4: From and after the effective date of this Ordinance, all property and
persons within the boundaries and territory described above shad be subject to ail
ordinances, resolutions, police regulations, taxation, and other powers of the City
of Eagle.
Section 5: The City Clerk is hereby directed to file, within ten (10) days of
passage and approval of this Ordinance, a certified copy of this Ordinance with the
offices of the Auditor, Treasurer, and Assessor of Ada County, Idaho, and with the
Idaho State Tax commission, Boise, Idaho, as required by Section 50-223, Idaho
Code, and to comply with the provisions of Section 63-2215, Idaho Code, with
regard to the preparation and filing of a map and legal description of the real
property annexed by this Ordinance.
Section 6: This Ordinance shall take effect and be in force from and after its
passage, approval, and publication as required by law. In lieu of publication of the
entire ordinance, a summary thereof in compliance with Section 50-901A, Idaho
Code, may be published.
DATED this 14th day of December 2004.
CITY COUNCIL OF THE CITY OF EAGLE
Ada County, Idaho
Nancy C. Merrill, Mayor
♦TTT`[.T.
RECEIVED & FILED
CITY OF EAGLE
DEC 3 0 2004
File*
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21+.011
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Exhibit "A"
Legal Description for Hidden.
Island Subdivision
August 1, 2003
A parcel of land located in U.S.
Government Lots 2, 7 and 8 of Section
16, T. 4N., R.IE., B.M., Ada County,
Idaho, more particularly described as
follows:
Beginning at an aluminum cap
monument marking the center quarter
corner of said Section 16, from which
the south quarter of said section bears
South 00 degrees 46'59" West a dis-
tance of 2646.41 feet;
Thence along the north -south
centerline of said Section 16, said
centerline also being the west boundary
line of Government Lot 2 North 00
degrees 46'59" East for a distance of
438.26 feet, more or less, to the ordi-
nary high water mark on the left bank
of the North Channel of the Boise
River;
Thence along said ordinary high
water mark the following ten calls:
South 82 degrees 09'02" East for
a distance of 365.78 feet;
Thence leaving said
high water mark South 48
33'52" West for a distance
feet along said fence to a 5;8•
pin;
Thence continuing al
fence line South 15 degree
West for a distance of 214.E
the northerly bank of a sloe
Thence along said north
the following two calls:
North 66 degrees 01'
for a distance of 131.28 fet
Thence South 85 degre
Weset, 267.80 feet to a fc
pin;
Thence leaving said
bank South 09 degrees 07
for a distance of 54.00 feet
iron pin on the southerly ba
slough;
Thence along said sout
the following three calls:
South 63 degrees 26
for a distance of 161.80 feet
iron pin;
Thence South 29 degr
West for a distance of 387