Ordinance - 2004 - 504 - Annex/Rezone Sedona - 12/14/2004ORIGINAL
ADA COUNTY RECORDER J. DAVID NAVARRO AMOUNT .00
BOISE IDAHO 12/15/04 01:06 PM
DEPUTY Viki Allen
RECORDED - REQUEST OF
Eagle City 10415$356
ORDINANCE NO. 504
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 have 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 have requested, in writing, a rezone from R2 to R -2 -
DA; and
WHEREAS, the Planning and Zoning Commission of the City, pursuant to public notice as
required by law, held a public hearing on August 2, 2004, as required by Section 67-6525, Idaho
Code, and 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 November 9, 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 R -2 -
DA 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.\Droft Ordinances \Ord 504 dft.doc
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 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 as shown on Exhibit "B", attached
hereto and incorporated by reference, is hereby removed from the R2 (Residential) District
classification and is hereby included in the R -2 -DA (up to two units per acre with development
agreement) District Classification 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 -DA 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
KACOUNCII.\Draft Ordinances\Ord 504 dft.doc
DATED this 14th day of December, 2004.
CITY COUNCIL OF THE CITY OF EAGLE
Ada County, Idaho
Nan y C. L(rrill,
A
ayor
EST:
'T✓acy f`. dsbarn
, (1'•••¢4oRgT••• •.•�
t c'o•
Eagle City CrerL.. S $ AL: O
DeUil �•••
%. q ?,E OF 1 ..••.
STATE OF IDAHO )
: ss.
County of Ada
)
On this JLf� day ofS2--re [" , in the year.=IDC4, before me, the undersigned, a
Not Public in and for said State, personally appeared �Q x!�Lf aar i 1.1 and
Or'K, 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.
011 144
• 140 1
.41
r r•_ j
•• 0•
111(1j,•••
, • rU13 L I C
•*,,t+ OFD P�O•
••
, ,�.
ats44-,
kl
otary Public
Residing at: 1.AD... �aAJ-
My Commission Expires: 4 _ z(p -fig
Page 3 of 3
K:\COUNCIL \Draft Ordinances\Ord 504 dft.doc
EXHIBIT "A"
Sedona Creek Subdivision
Eagle Annexation Description
June 2004
A parcel of land situate in the northwest quarter of the southwest quarter of Section
12, Township 4 North, Range 1 West, Boise Meridian, Ada County, Idaho, being more
particularly described as follows:
Beginning at the west quarter corner of said Section 12, which is the Real Point of
Beginning:
Thence S89°20'28"E, 1,322.29 feet along the northerly boundary of
the northwest quarter of the southwest quarter of said Section 12 to the
northeast corner of the northwest quarter of the southwest quarter of said
Section 12;
4
Thence S00°38'26"W, 1,251.06 feet along the easterly boundary of
the northwest quarter of the southwest quarter of said Section 12;
Thence N89°20'28"W, 850.55 feet along a line parallel to the
northerly boundary of the northwest quarter of the southwest quarter of
said Section 12;
Thence N00°39'32"E, 267.91 feet;
Thence N89°20'28"W, 475.00 feet along a line parallel to the
northerly boundary of the northwest quarter of the southwest quarter of
said Section 12 to the westerly boundary of the northwest quarter of the
southwest quarter of said Section 12;
Thence N00°49'31 "E, 983.15 feet along the westerly boundary of
the northwest quarter of the southwest quarter of said Section 12 to the
Real Point of Beginning.
Comprising 35.111 acres, more or Tess.
EXHIBIT "B"
Sedona Creek
Schenk
N
City of Eagle Annexation
Sedona Creek Subdivision
Kev
/"\\./ Roads
Eagle City Limits
r=1 Property to be annexed
Valley Times
P.O. Box 1790
Eagle, Idaho 83616
LEGAL ADVERTISING rrc December 20, 2004
ORDINANCE NO. 504
I +LA./ V CA-) cx r1LCLJ
CITY OF EAGLE
DEC 3 0 2004
He'
Roth .n•
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 PROP-
ERTY 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 EFFEC-
TIVE DATE.
WHEREAS, the City of Eagle, Idaho is a municipal corporation organized and oper-
ating under the laws of the State of Idaho and is authorized to annex to and incorpo-
rate within the boundaries of the City contiguous real property in the manner pro-
vided 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 have 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 have requested, in writing, a
rezone from R2 to R -2 -DA; and
WHEREAS, the Planning and Zoning Commission of the City, pursuant to public
notice as required by law, held a public hearing on August 2, 2004, as required by
Section 67-6525, Idaho Code, and made a recommendation to the Mayor and Coun-
cil; and
WHEREAS, the Eagle City Council, pursuant to public notice as required by law, held
a public hearing on November 9, 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 R -2 -DA 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 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 as shown on Exhibit "B", attached hereto and incorporated by reference, is
hereby removed from the R2 (Residential) District classification and is hereby in-
cluded in the R -2 -DA (up to two units per acre with development agreement) District
Classification 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 -DA 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
.....a ........,..,,.1 ..P +ti.:o ..n ...... ........:c -A - _c .._•_ e_-'_•
._..-
Sedona Creek
reeck
OLI
®0. 2 Ys _ � ,
X20
l�z.dl
bdivi;t
t
Sc
N
City
Sedo
Exhibit "A" IIMMA
Sedona Creek Subdivison
Eagle Annexation Description
June 2004
A parcel of land situated in the
northwest quarter of the southwest auar- S