Ordinance - 2005 - 496 - Annex/Zone Tanglerose Subdivision - 01/11/2005OR1G1IJA
ADA COUNTY RECORDER J. DAVID NAVARRO AMOUNT .00 5
BOISE IDAHO 01113105 02:32 PM
DEPUTY Bonnie OberbillIg III IIIIIIIIIIIIIIIIIIIIIIIIIIIII IIIA
RECORDED -REQUEST OF 105004990Eagle City
ORDINANCE NO. 496
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 RUT to R -E;
and
WHEREAS, the Planning and Zoning Commission of the City, pursuant to public notice as
required by law, held a public hearing on 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 August 10, 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-
E 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 Ordmances.Ord 496 dv.c
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 RUT (Rural Urban Transition)
District classification and is hereby included in the Residential -Estates (up to one unit per two -
acres) District Classification R -E 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 -E 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:\COUNCIL\Draft Ordinances \Ord 496.doc
DATED this 11th day of January, 2005.
CITY COUNCIL OF THE CITY OF EAGLE
Ada Co r. , Idaho
Fancy . Merrill, Mayor
ATTEST:
Sharon K. Bergmann Eagle Ci y Clerk
STATE OF IDAHO)
: ss.
County of Ada
On this l J day ofk
Notary Publi in and for said State, personally appeared
corporation tha xecuted this instrument and the p f6�
behalf of said corporation, and acknowledged to me that
, in the year
SV 1(,( i�Uyl L� , u.l , known to me to be the 4 $
••�•..arrrq
.• O •• AT8 •'• *14, 111
•.
o •
•V s n•
't
•odtiq
o,,.
STAT
TArti
••••nne°%II°�
In witness whereof, I have hereunt
first written.
•
$ o : '`• 1 too L , No ,Public
9 •� Z
44'') ' " d esiding at: - %
6My Commission Expires: /c -f--(40
•'®•ObO4.61111131100
Q m'Q
ore me, the undersigned, a
5/7C� and
a$ CITY CLERK of said municipal
rAthbeellcuted the said instrument on
such corporation executed the same.
and affixed my official seal the day and year
Page 3 of 3
K:\COUNCIL\Draft Ordinances\Ord 496.doc
Project No.: 2639
Date: 02/04/04
TE-d.EY'S LAND
SURVEYING
LinIh
2501 Bogus Bas,:. cid. • Boise, Idaho 83702
(208) 385-0636
Fax (208) 385-',b90 -RECEIVED & FILED
CITY OF EAGLE
DESCRIPTION
FOR
TANGLEROSE SUBDIVISION
File'
Route to:
FEB 0 5 2004
A parcel of land situated in Govemment Lot 2 of Section 5, T.4N., R1 E., B.M.,
Eagle, Ada County, Idaho and more particularly described as follows:
BEGINNING at a found 5/8" iron pin monumenting the North 1/4 corner of
said Section 5, said pin being the thence along the North line of said Section 5,
North 89°40'33" East, 823.20 feet to an iron pin; thence leaving said North
line, and along the West line of Thornwood Estates Subdivision as filed for record in
Book 6808 of plats at Pages 6808 and 6809, records of Ada county, Idaho and it's
extension,
South 01°16'29" East, 1274.20 feet to an iron pin on the North line of Ranch
Estates Subdivision as filed for record in Book 58 at Pages 5496 and 5497, Records
of Ada County, Idaho; thence along the North line of Ranch Estates Subdivision,
South 89°48'17" West, 825.78 feet to an iron pin marking the Southeast
corner of Ptarmigan Subdivision as filed for record in Book 81 of Plats at Pages
8856 and 8857, Records of Ada County, Idaho; thence along the East line of
Ptarmigan Subdivision and it's extension,
North 01°09'37" West, 1272.30 feet to the POINT OF BEGINNING:
Said Parcel Contains 24.10 Acres, more or less.
EXHIBIT "A"
Legal Des.doc - Ihk
EXHIBIT "B"
I
r
'For7(ie CPeop(e of Idaho
STATE TAX COMMISSION
4I4' Park Blvd.. Pana IV • Boise. ID • 83722
April 13, 2005
Sharon Moore
Eagle City Clerk
310 East State Street
Eagle, ID 83616
Subject: Ordinance No. 496 EAGLE (CITY)
Dear Ms. Moore:
SCANNEn
RECEIVED & FILED
CITY OF EAGLE
MAY 10 2005
File.
Route tn.
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
Valley Times
P.O. Box 1790
Eagle, Idaho 83616
LEGAL ADVERTISING PROOF OF PUBLICATION
Account:
Address:
Attention:
Eayu
31/6 VzIk.
Identification:
Run Dates: 1
Number Lines
Other
201
RECEIVED & FILED
CITY OF EAGLE
JAN 2 8 2005
File•
Routs In'
Amount
SCANNED
Frank Thomason, being duly sworn, deposes
and says: That he is the Principal Clerk of
Valley Times, a weekly newspaper published at
Emile_ Ada Cnunty State of Irlahn• that fha enirl
40,
0
ORDINANCE NO. 496
AN ORDINANCE ANNEXING CERTAIN REAL PROPERTY SITUATED
IN THE UNINCORPORATED AREA OF ADA COUNTY, IDAHO, AND CON-
TIGUOUS 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 RUT to R -E; and
WHEREAS, the Planning and Zoning Commission of the City, pursuant to
public notice as required by law, held a public hearing on 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 August 10, 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 -E 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 RUT (Rural Urban Transition) District
classification and is hereby included in the Residential -Estates (up to one unit per
two -acres) District Classification R -E 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 -E 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, taxafron, 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 11th day of January, 2005.
CITY COUNCIL OF THE CITY OF EAGLE
Ada County, Idaho
EXHIBIT A: DESCRIPTION FOR TANGLEROSE SUBDIVI
A parcel of land situated in Government Lot 2 of Section 5, T.
B.M., Eagle, Ada County, Idaho and more particularly described as fol
BEGINNING at a found 5.8" iron pin monumenting the North IA
said Section 5, said pin being thence along the North line of said Sectio
89 degrees 40'33" East, 823.20 feet to an iron pin;
thence leaving said North line, and along the West line of T
Estates Subdivision as filed for record in Book 6808 of plats at Page;
6809, Records of Ada County, Idaho and its extention, South 01 deg
East, 1274.20 feet to an iron pin on the North line of Ranch Estates S
as filed for record in Book 58 at pages 5496 and 5497, Records of AI
Idaho;
FYUIRIT