Ordinance - 2005 - 505 - Van Treek/Shenk Annexation/Rezone - 01/11/2005ORIGINAL
ADA COUNTY RECORDER J. DAVID NAVARRO AMOUNT .00 6
B01 E IDAHO 01!13105 02:32 PM
DEPUTY Bonnie Oberbillig 111 11111111111111111111111111111 111
RE ORDED -REQUEST OF 10500498
Eag a City
ORDINANCE NO. 505
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 Exhibits "A" and "B" 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 Exhibits "A" and "B" of this ordinance have requested, in writing, a rezone from
RUT to C -1 -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 Exhibits "A" and "B" as required by Section 67-6525, Idaho Code, made findings
and determined that the requested annexation should be granted and that a zoning classification
C -1 -DA for the property described in Exhibits "A" and "B" 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 Ordinances\Ord 505 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 Exhibits "A" and "B", 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 Exhibits "A" and "B" and as shown on Exhibit "C", 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 Exhibits "A" and "B" and as shown on Exhibit "C",
attached hereto and incorporated by reference, is hereby removed from the RUT (Rural Urban
Transition) District classification and is hereby included in the Commercial (Neighborhood
Business District with Development Agreement) District Classification C -1 -DA 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
Exhibits "A" Neighborhood Business District with Development Agreement in the C -1 -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
K:\000NCIL\Draft Ordinances\Ord 505 dft.doc
DATED this 11th day of January,
CITY COUNCIL OF THE CITY
Ada Count aho
4OP'
Nancy r Merrill, Mayor
AT1'hST:
2005.
OF EAGLE
Sharon K. Bergmann Eagle City CYerk
•
i.r • 44 i
i (.) UO doh �. ``' � F:
♦♦♦♦ * °°11 rc
�+ o
STATE OF IDAHO)
: ss.
County of Ada ) IQ4LaMJ On this aday of , in the yeardA2 , before me, the undersigned, a
Notary Public in and for said State, personally appeared 510 Y ,, emsl-fct v and
$liavrm K.6erc ?cLfl , known to me to be the et nd CITY CLERK of said municipal
corporation tha executed this instrument and the arson w o 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 s =,, d affixed my official seal the day and year
first written.
ri
suss'
iding
Olga
Commission Expires:
Page 3 of 3
K:\COUNCIL\Draft Ordinances\Ord 505 dft.doc
TEALEY'S LAND
SURVEYING
Project. No.: 2246
Date: December 3, 2001
2501 Bogus Basin Rd. • Boise, Idaho 83702
(208) 385-0636
Fax (208) 385-0 9L
DESCRIPTION FOR
COMPREHENSIVE PLAN PARCEL - GALE SCHENI(
A parcel of land being a portion of Lots 1 and 2 of Compton Andrews Tract, a
subdivision, as filed for record in the office of the Ada County Recorder, Boise, Idaho in
Book 5 of Plats at page 223 and a portion of the NW 1/4 of the SW 1/4 of Section 12,
T.4N., R.1W., B.M., Ada County, Idaho and more particularly described as follows:
Commencing at an aluminum cap marking the West 1/4 corner of said Section
12; thence along the West boundary of said Section 12
South 00M9'31" West 983.15 feet the POINT OF BEGINNING; thence leaving
said West boundary along a line Southerly of and parallel to the East-West center of
section line of said Section 12
South 89°20'28" East 475.00 feet to a point thence at right angles
South 00°39'32" West 267.91 feet to a point; thence at right angles
South 89°20'28" East 850.55 feet to a point on the East boundary of said NW
1/4 of the SW 1/4 of Section 12; thence along said East boundary
South 00°3826" West 65.46 feet to a point marking the Southeast corner of said
NW 1/4 of the SW 1/4 of Section 12; thence along the South boundary of said NW 1/4 of
the SW 114 of Section 12
North 89°36'06" West 25,00 feet to the Northeast corner of said Lot 1; thence
along the East boundary and extended East boundary of.said Lot 1
South 00°38'26" West 245.04 feet to a point marking a point of curve on the
centerline of State Highway 44; thence along said centerline along a curve to the left
having a radius of 22918.31 feet, a central angle of 03°18'43", a length of 1324.80 feet
and a long chord bearing
South 80°17'56" West 1324.62 feet to a point of ending of curve on the West
boundary of said SW 114 of Section 12; thence along said West boundary
North 00°49'31„ East 816.75 feet to the POINT OF BEGINNING,
Said parcel of land contains 15.61 acres, more or less.
NOTE:
This description includes the adjacent right-of-way for Linder Road and State
Highway 44.
EXHIBIT "A"
September 6, 2002
A portion of Tract 6, Compton Andrews Tract
A portion of Tract 6 of Compton Andrews Tract, according to the official
plat thereof filed in Book 5 of plats at page 223, records of Ada County, Idaho,
including adjacent rights-of-way, more particularly described as follows;
BEGINNING at a point which bears N 00°48' W, 618 feet from the section
corner common to sections 11,12,13, and 14, T.4N.,R1W., B.M.;
Road;
Thence S 88°42' W, 663.6 feet along the north right-of-way of a County
Thence N 00°18' W, 90.5 feet to the centerline of State Highway 44;
Thence 678.34 feet along said centerline and the arc of a curve to the
right, having a radius of 22,918.31 feet, a central angle of 1°41'45", and a long
chord bearing N 76°55' E, 678.32 feet;
Thence S 00°48' E, 229 feet to the Point of Beginning.
Written from data of record by the author without benefit of a field survey.
D. Terry Peugh, PLS
EXHIBIT "B"
Copperfte d rubdivislon
Senora Creek Subdir ,sivn
N
A
wow C
Key
Roads
Eagle City limits
RA Properties to be annexed
Valley Times
P.O. Box 1790
Eagle, Idaho 83616
LEGAL ADVERTISING PROOF OF PUBLICATION
Account:
Gt: leiCk
Address: .3 to F . S S -f -
TD
Mico
January 24, 2005
ORDINANCE NO. 505
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
NG CLNG TSSIFICATIZONINGON OF SAID
REAL PROPERTY DESCRIBED HEREIN;
P 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. organized and
WHEREAS, the City of Eagle, Idaho is a municipal corporation
operating under the laws of the State of Idaho and is authorized to annexe d
incorporate within the boundaries of the City contiguous real property
man-
ner in provided by Section 50-222, Idaho Code; and situated in the unincorporated
WHEREAS, the owners of the real property
area of Ada County and particularly described in Exhibits "A"
and
"B" oCf this
ordinance have requested, in writing, annexation of said real property
oof
Eagland
eWHEREAS, the owners of the real property situated within the City of Eagle
and particularly described in Exhibits "A" and "B" of this ordinance have requested,
in writing, a rezone from RUT to C -1 -DA; and onwato
nt
WHEREAS, the Planning and Zoning Commission
August the City,
u rentrt
public notice as required by law, held a public hearingg
d
by Section 67-6525, Idaho Code, and made a recommendation to the Mayor 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
d
zoning for the real property described in Exhibits "A" and "B" as required by
that the requested
6xation
7-6525, be Idaho
Code, madeta zoning
n ing findings
C-1-DA for the property described
in Ex ib s grantedAanthat a zoning
in Exhibits "A" and "B" 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 Exhibits "A" and "B", attached hereto and incor-
porated 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 Exhibits "A" and "B" and as shown
on Exhibit "C", attached, is hereby annexed to the incorporated territorial limits of
the City of Eagle, Idaho. the best
Section 3: The City Council hereby finds and determines that
it
is
in the
interests of the public health, safety, and efare ofo City described in andhib-
residents and property therein that the real property P by
Exhib-
its "A" and "B" and as shown on Exhibit "C", attached hereto and incorporated
reference, is hereby removed from the RUT (Rural Urban Transition) District
classification and is hereby includeditseCClassificationmeis (Neighborhood
eiborhusess
District with Development Agreement) Dghall 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 Cotypr herebve
y
Plan and relevant City Codes and that the Zoning Map
of amended to include the real orooerty described in Exhibits "A" Neighborhood Busi-
SCANNED
r4ECEI' EIJ & FILED
CITY OF EAGLE
JAN 2 8 2Q15
File:
Roup to -
Identification: n- KA/It N o
Run Dates: l 10
Number Lines
>ther
5 Amount
Svc
3 X1 r"1 73
Gre
Frank Thomason, being duly swom, deposes
and says: That he is the Principal Clerk of
Valley Times, a weekly newspaper published at
Eagle, Ada County, State of Idaho; that the said
newspaper is in general circulation in the said
County of Ada, and in the vicinity of Meridian,
Star, and Eagle, and has been uninterruptedly
published in said County during a period of
eventy-eight consecutive weeks prior to the first
cation of this notice, a copy of which is attached
hereto, and that the notice was published in
/alley Times, in conformity with Sectipn 60-108,
Idaho Code, as amended, for _ 1 time(s)
+ the regular and entire issue of said paper, and
is printed in the newspaper proper, and not in a
supplement; and that said notice was published
on the following dates:
9-1
Beginning
Ending
2
7-2
STATE OF IDAHO )
)SS
COUNTY OF ADA )
day of JAN • in the year of 2005
re me, a Notary Public, personally appeared
i, known or identified to me to be the person
lame is subscribed to the within instrument,
ing by me first duly swom, declared that the
irein are true, and acknowledged to me that
he executed the same.
014
Notary Public for Idaho
Residing at Boise, ID
My Commission expires: 7-Z 3•-0
(For The Peop(e of Idaho
STATE TAX COMMISSION
800 Park Blvd., Plaza IV • Boise, ID • 83722
April 9, 2005
Sharon Moore
Eagle City Clerk
310 East State Street
Eagle, ID 83616
Subject: Ordinance No. 505 EAGLE (CITY)
Dear Ms. Moore:
SCANNED
RECEIVED & FILED
CITY OF EAGLE
APR 14 2005
File:
Route RI
The Idaho State Tax Commission received the documentation that was provided for the
annexation of real property in EAGLE (CITY), for tax year 2006. The Idaho State Tax
Commission approves the map and legal description. This approval is limited to the
acknowledgement that the map and legal description meets the requirements of Section
63-215 Idaho Code, and Idaho State Tax Commission Rule 225.
If you have any questions, please call us at 334-7750.
Sincerely,
Jeff Servatius
GIS Manager
Technical Support Bureau
Idaho State Tax Commission
CC:
Robert McQuade, Ada County Assessor
Dave Navarro, Ada County Clerk
Greg Cade, Property Appraisal Section Manager
Gary Houde, Senior Research Analyst
Equal Opportunity Employer
Hearing Impaired Callers TDD 1-800-377-3529