Ordinance - 2004 - 490 - Annex/Zone Shadow Ridge - 12/14/2004ORIS!NAL
ADA COUNTY RECORDER J. DAVID NAVARRO AMOUNT .00 5
BOISE IDAHO 12/15/04 01:06 PM
DEPUTY Vicki Allen III I I IIII II 45III35I4II III'II 111
RECORDED -REQUEST OF
Eagle City
ORDINANCE NO. 490
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 -4-
P; and
WHEREAS, the Planning and Zoning Commission of the City, pursuant to public notice as
required by law, held a public hearing on May 24, 2004, and June 14, 2004, as required by
Section 67-6525, Idaho Code, and on July 6, 2004, 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 July 27, 2004, 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 -4-P 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:\COUNCIL\Draft Onlinances\Ord 490 dfcdoc
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 four units per
acre and PUD) District Classification R -4-P 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 -4-P 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 490 dftdoc
DATED this 14th day of December, 2004.
CITY COUNCIL OF THE CITY OF EAGLE
Ada County, Idaho
Nan
A
ill, Mayor
EST:
Vlirl V•I It.
,s`' EAie GLS,••p
AA___. :, :, :• .,,...01t r4.' :v..: SI
ipalci \rEagleiCity Clerk u ,v•' p
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••••••S,PA. �E�p.0'*+'.
-Tract.' F. Qsborr
STATE OF IDAHO )
: ss.
County of Ada )
On this 1 `day of , l _tv`bkir , in the year -WL, before me the undersigned a
Notary Public in and for said State, personally appeared
rri ti and
'MCN. I (Ja.q(jl., known to me to be the MAYOR and CITY CLERK 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.
•,'�•••••••••••4
•
47 110T/tie).
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N•°AUBLIC;
Dec 14 04 02:23p Idaho Survey Group
IDAHO
SURVEY
GROUP
EXHIBIT "A"
(208) 884-5399 p.2
1450 East Watertower St.
Suite 150
Meridian, Idaho 83642
Phone (208) 846-8570
Fax (208) 8845399
Project No. 04-215 December 14, 2004
ANNEXATION AND REZONE
SHADOW RIDGE SUBDIVISION
A parcel of land located in the SE 1/4 of the NE '/ of section 10, T. 4N., R. 1E.,
B.M., Ada County, Idaho, more particularly described as follows: Commencing at the
corner common to sections 2, 3, 11 and the said section 10, as same is described in CP&F
Instrument No. 8209767, Ada County records, from which the % corner common to said
sections 10 and 11 bears South 00°00'00" West, 2635.56 feet; Thence South 00°00'00"
West, 1345.96 feet to the REAL POINT OF BEGINNING.
Thence continuing South 00°00'00" West, 816.55 feet;
Thence North 90°00'00" West, 40.58 feet;
Thence along a line described in Boundary Line Agreement Instrument No.
757747, South 86°00'34" West, 1124.80 feet;
Thence North 44°45'33" West, 221.68 feet to a point on the West line of the
Southeast 1/4 of the Northeast 1/4 , common to the East right-of-way of State Highway 55;
Thence South 90°00'00" West, 57.62 to the center of said Highway 55;
Thence along the centerline of said Highway 55 North 00°28'20" West, 732.11
feet;
Thence North 89°46'45" East and along the South line of Quiet Title action
described in Instrument No. 104015080, records of Ada County, Idaho, a distance of
1382.42 feet to the Point of Beginning. Containing 26.67 acres, more of less.
Professional Land Surveyors
1Sl i . . ,SR1 A1,' 5 !'�L••� . - f!P:i=riilr( .:.-1 %•+i
Map Cantor. 118 18' 53.7' W, 43' 4T 8.5" N
Valley Times
P.O. Box 1790
Eagle, Idaho 83616
LEGAL ADVERTISING PROOF OF PUBLICATION
Account:
Address:
0c pct,
310 E . S14 f sf. .
Ea �7
ORDINANCE NO. 490
Identification:
Run Dates:
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 PRO-
VIDING 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
manher 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 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 -4-P; and
WHEREAS, the Planning and Zoning Commission of the City, pursuant to public
notice as required by law, held a public hearing on May 24, 2004, and June 14, 2004,
as required by Section 67-6525, Idaho Code. and on July 6, 2004, made a recom-
mendation to the Mayor and Council; and
WHEREAS, the Eagle City Council, pursuant to public notice as required by law,
held a public hearing on July 27, 2004, 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 -4-P 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 four units per
acre and PUD) District Classification R -4-P 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 -4-P 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.
DATED this 14th day of December 2004.
CITY COUNCIL OF THE CITY OF EAGLE
HECEIVED & FILED
CITY OF EAGLE
DEC 3 2004
Filo*
Route to.
Aro. y 0
2- ZU o`-)
3X,4 _ !2 t.c .
Exhibit "A"
Annexation and Rezone DAHO )
Shadow Ridge Subdivision )SS
A parcel of land located in the SE= ADA )
I '4 of the NE 1 4 of Section 10, T. 4N., of 2004
R. IE., B.M., Ada County, Idaho, more1peared
particularly described as follows: Com-
mencing at the corner common to Sec- Person
tions 2, 3, 11 and the said Section 10, as'Ument,
same is described in CP&F Instrument that the
No. 8209767, Ada County records, Tie that
from which the 1 4 corner common to I same.
said Sections 10 and 11 bears South 00
degrees 00'00" West, 2635.56 feet;
Thence South 00 degrees 00'00" r IdaF10
West, 1345.96 feet to the REAL POINT )ise, ID
OF BEGINNING;
3aov6
Thence continuing South 00 de- /
grees 00'00" West, 816.55 feet:
Thence North 90 degrees 00'00"
West. 40.58 feet;
Thence along a line described in
Boundary Line Agreement Instrument
No. 757747. South 86 degrees 00'34"
West, 1124.80 feet:
Thence North 44 degrees 45'33"
West, 221.68 feet to a point on the
West line of the Southeast 1 4 of the
Northeast 1 4, common to the East
right-of-way of State Highway 55;
Thence South 90 degrees 00'00"
West, 57.62 feet to the center of said
Highway 55;
Thence along the centerline of said
Highway 55 North 00 degrees 28'20"
Weset, 732.11 feet;
Thence North 89 degrees 46'45"
East and along the South line of Quiet
Title action described in Instrument No.
104015080, records of Ada County,
Idaho, a distance of 1382.42 feet to the
Point of Beginning. Containing 26.67
acres, more or less.
Prepared By: Idaho Survey Group,
P.C.
D. Terry Peugh
"�R