Ordinance - 2005 - 508 - Annex/Rezone Loch Lomond - 03/08/2005ADA COUNTY RECORDER .!-?AVID NAVARRO AMOUNT .00 7
BOISE IDAHO 03/31/05 0;. PM
DEPUTY Patti Thompson 111 II 1111 11�����������1��111 11��1 1 111
RECORDED -REQUEST OF
City of Eagle 105030524
ANNED
ORIGINAL
ORDINANCE NO. 508
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 Exhibit "A" of this ordinance have requested, in writing, a rezone from RUT to A;
and
WHEREAS, the owners of the real property situated within the City of Eagle and particularly
described in Exhibit "B" 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 December 20, 2004, as required by Section 67-6525,
Idaho Code, and on January 18, 2005, 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 January 25, 2005, 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
of A and R -E 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 Ord'aaa ces•.Ord 5011 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, are
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 properties have 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 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" attached hereto and incorporated by
reference, is hereby removed from the RUT (Rural Urban Transition) District classification and
is hereby included in the and the Agricultural (up to one unit per forty -acres) District
Classification A, and that the real property particularly described in 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 changes are 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 A zoning district and
the real property described in Exhibit "B" 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 508.doc
DATED this 8th day of March 2005.
CITY COUNCIL OF THE CITY OF EAGLE
Ada C • unty, Idaho
Nanc C. M- �, Mayor(
ATTE T:
I-. 1
Sharon K. Bergmann Eagle City C erk
ttttttttttttttttt
.•`t GLE•�'•.
•
. o
,�•i •••. INCORi° G
••••,*•f,,, ST,,
STATE OF IDAHO )
: ss.
County of Ada ) %J
�
On this day of / 2 (Qf"" , in the ye .5, before me, the undersigned, a
Notary Public in and for said State, personally appeared NOV)CI_ C- trr I / and
Sha vorn K. l � ma 1, known to me to be the MAYOR and CITY CLERK of said municipal
corporation that eAcuted 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
first written.
affixed my official seal the day and year
026017t,_.
No Pu lic
iding
y Commission Expires: I a3%
Page 3 of 3
K:\COUNCIUDraft Ord'mances\Ord 50&doc
Roylance & Associates, P.A.
Engineers • Surveyors • Landplanners
391 W. State Street, Suite E, Eagle, Idaho 83616 Telephone (208) 939-2824 Fax (208) 939-2855
February 28, 2005
Project Number: 2524
Legal Description
Loch Lomond Subdivision No.'s 1 & 2
Annexation Area
0.70 Acres
A tract of land situated in the Southeast One Quarter of the Southwest One Quarter of Section 1, Township 4
North, Range 1 West, Boise Meridian, Ada County, Idaho, described as follows:
Commencing at a brass cap monumenting the Center One Quarter Comer of said Section 1 on the centerline
of North Park Lane, thence following said centerline and the easterly line of said Southwest One Quarter,
South 00°54'20" West a distance of 1,320.00 feet to the POINT OF BEGINNING.
Thence following said centerline and said easterly line, South 00°54'20" West a distance of
680.00 feet to a point;
Thence leaving said centerline and said easterly line, North 89°14'05" West a distance of
45.00 feet to a point;
Thence North 00°54'20 East a distance of 680.00 feet to a point;
Thence South 89°14'05" East a distance of 45.00 feet to the POINT OF BEGINNING.
The above-described tract of land contains 0.70 acres, more or less, subject to all existing easements and
rights-of-way.
Prepared By: ROYLANCE & ASSOCIATES, P.A.
391 W. STATE STREET, SUITE E
EAGLE, IDAHO 83616
(208) 939-2824
(208) 939-2855 FAX
EXHIBIT "A"
Cim —at— O.'
UNPLA'11ED
UNPLAI"1 ED
C 1/4 SECTION 1
25' RIGHT-OF-WAY ---I
LOCH LOMOND SUBDIVISION
20.04 AC-G
{ANNEXATION AREA REZONED RE}
S89"14'05E
45.00'
Ci
UNPLATTED ANNEXATION AREA REZONED A
0.70± ACS
LEGEND
0 CALCULATED POINT
BRASS CAP
100 0 200
i J
SCALE IN FEET
EXHIBIT "A./21
X:\Projects\Land Consuitonts\2524\Drawings\Exhibits\2524 A onnex.dwg 2/28/2005 4:59:16 PM MST
ANNEXATION AND REZONE
LOCH LOMOND SUBDIVISION
N 89'14'05.W
45.00'
S00'54'20W
640.00'
o
Q.
c= d
ce m
S 1/4 SECTION 1 _/12
P.O.B.
ROYLANCE AND ASSOCIATES PA
Engineers Surveyors Landplanners i DAM
391 W State Street Suite E Eagle Idaho 83616 o2-28-05
Phone (208) 939-2824 Fax (208) 939-2855 EPC
Roylance & Associates, P.A.
391 W. State Street, Suite E, Eagle, Idaho 83616
February 28, 2005
Project Number: 2524
Legal Description
Loch Lomond Subdivision No.'s 1 & 2
Annexation Area
20.04 Acres
Engineers • Surveyors • Landplanners
Telephuie (t x ('l6» 932855
CITY QF EAGLE
MAR 0 1 2005
File:
Route to.
A tract of land situated in the Northeast One Quarter of the Southwest One Quarter of Section 1, Township 4
North, Range 1 West, Boise Meridian, Ada County, Idaho, described as follows:
Commencing at a brass cap monumenting the Center One Quarter Comer of said Section 1 on the centerline
of North Park Lane, thence following said centerline and the easterly line of said Southwest One Quarter,
South 00°54'20" West a distance of 660.00 feet to a PK nail and the POINT OF BEGINNING.
Thence following said centerline and said easterly line, South 00°54'20" West a distance of
660.00 feet to a point;
Thence leaving said centerline and said easterly line, North 89°14'05" West a distance of
1,320.71 feet to a 5/8 -inch steel pin;
Thence North 00°54'29 East a distance of 661.67 feet to a 5/8 -inch steel pin;
Thence South 89°09'45" East a distance of 1,320.68 feet to the POINT OF BEGINNING.
The above-described tract of land contains 20.04 acres, more or less, subject to all existing easements and
rights-of-way.
Prepared By:
ROYLANCB & ASSOCIATES, P.A.
391 W. STATE STREET, SUITE E
EAGLE, IDAHO 83616
(208) 939-2824
(208) 939-2855 FAX
EXHIBIT "B"
e 3—o
oS-
1 UNPLATTED
UNPLATTED•
S89'09'45"E 1320.68'
r,,.f `r: .r'(");/_,,,' r':.-) r": c ` ` r' (~- . r- r,. r- r . ' r r
' �,,,1 t"' rr r r ` ,�'/, - t,, r'` , • f ' • ,, ` r , rJ i', t'J
r r r r' . r r r.• r r {,, `, • .' , rf r P.o.B; 4-
r,,,r�,rr ,� ,� • � �,r�rr:r ,� r �'�; jrr�,2�r (--,,--25' ' �'.r+'
rr' r,•,' r' y jer, rJ " r , r r / RIGHT-OF-WAY
`tef
/
% r
,,) 1' ,/r '�,rr r ' ''" / � rr,r1 �- r'r,.r''r'" 'r `/rr . /
'�,, ,.„� rr/.r"1rr`�r r' r rJ'/ ',r /
`
f
r/rrr,'rr r r r rf/ ,/r.1frrr.r /•
O
' r r ,,)!f/rrfr,,rr1r/..” �rO
`°c'Es r . r rr),--.r„,) ? fr1/fr.frrr'rr�1 1l
1-, i rr,/,2'�r .r ,r, �
2 (2 �{LOCH LOMOND SUBDIVISION. r�rr�
LI) frrr�rr/ / 220.04AC-}Jrrrr r.r r�,,rrrre-N
r``})r/pi '�r`'`�' / / r
o.,rrrrr(/rrrrr'r..r`,t-',.,'.��'rj(2','/,.,//,"/eejo
Zr,.' r, r% rr e';',/ , r,f / {ANNEXATION AREA REZONED RE} ,,-' ,-r�, f�,,,,, r rr•N
Jrr,e'ls"'rr`� 'ram,'/ (/ l'/
,r r r r''' r, rrr r r r' r,.J r,r r.r.r r rr
r.
,, rr / ` 1�r r,rr�.r
r.rr r,./terr'`rfrrfrr .,
I r• rr r�rrrr. rrrr.r,�J`�i/��r�rrrr/rrr'
,,
,?Jrrrrt'r,r.,rirr`'-'-'`''r�`J,f ''r,,r/rr.
,..,r.r,r> J J r.r,: i'..iJr ,j,, r%
N8914'05"W 1320.71' , ft
UNPLATTED
LEGEND I
A CALCULATED POINT I o
BRASS CAP
• 5/8" STEEL PIN N
Q PK NAIL ANNEXATION AREA REZONED A I '-
0.70± ACNE 3
N N
i�
U')
0
I0
fn
C 1/4 SECTION 1
S0054'20W
660.00'\
100 0 200
SCALE IN FEET
EXHIBIT "B'1..11
X: \Projects\Land Consultants \2524\Drawings\Exhibits\2524 RE an.nex.dwg 2/28/2005 4: 43:20 PM MST
ANNEXATIvry AND REZONE
LOCH LOMOND SUBDIVISION
S 1/4 SECTION 1-712
ROYLANCE AND ASSOCIATES PA
Engineers Surveyors Landplanners DATE
391 W State Street Suite E Eagle Idaho 83616 o2 -2e -o5
Phone (208) 939-2824 Fax (208) 939-2855 EPC
May 5, 2005
Sharon Moore
Eagle City Clerk
310 East State Street
Eagle, ID 83616
(For The (People c f Idaho
STATE TAX COMMISSION
800 Park Blvd., Plaza IV • Boise. ID • 83722
RECEIVED & FILED
CITY OF EAGLE
MAY 1 7 2005
File:
Rout,* to:
Subject: Ordinance No. 508 EAGLE (CITY)
Dear Ms. Moore:
The Tax Commission has received and reviewed the above referenced action. This review cannot be completed because it
does not comply with legal description and mapping requirements.
The legal provided describes a shoestring annexation.
This annexation does not meet the requirements of Idaho Code, 63-215 or IDAPA 35.01.03.225.03 listed below. The
following citations list and define the required actions:
1. Idaho Code 63-215 requires:
a. A copy of the legal description designating the boundaries,
b. A map, prepared in a draftsman like manner, which plainly and clearly designates the boundaries, and
c. Both the legal description and map must be submitted to the Tax Commission within ten (10) days of the effective
date of the annexation.
2. IDAPA 35.01.03.225.03 defines a legal description to be a definite boundary which:
a. Is described by metes and bounds,
b. Can be mapped on a tax code area map, and
c. Includes
I. Section, Township, Range, and Meridian,
ii. An initial point,
iii. A true point of beginning, and
iv. A closure accuracy of at least one (1) part in five thousand (5,000)
3. IDAPA 35.01.03.225.04 defines a map prepared in a draftsman like manner as "an original graphic
representation or precise copy matching the accompanying legal description and drafted to scale using standard
mechanical drawing instruments or a computer."
Before this annexation can be processed for the 2006 year, the discrepancies listed need to be corrected. Thank you for your
attention to the required legal descriptions and mapping requirements. If you have any questions, please call me at (208)
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
Equal Opportunity Employer
Hearing Impaired Callers TDD 1-800-377-3529
(For (he a eop(e of Idaho
STATE TAX COMMISSION
800 Park Blvd., Plaza IV • Boise, ID • 83722
November 16, 2005
Sharon Moore
Eagle City Clerk
310 East State Street
Eagle, ID 83616
Subject: 508
Dear Ms. Moore:
RECEIVED & FILED
CITY OF EAGLE
NOV 1 7 2005
Stir
Routs te•
This letter is to inform you that we are rapidly approaching the deadline for accepting, and processing, Tax
Code Area Boundary changes for the year 2006.
To date, our records indicate that the above referenced action has been received and reviewed by the Idaho
State Tax Commission (ISTC) during 2005, for the tax year 2006. However, the review and approval action
cannot be completed because it does not comply with legal description and/or mapping requirements, as
notified in a prior correspondence.
Unless the ISTC receives the previously requested information, this action will not be processed and included
on the year Tax Code Area maps. Subsequently, the district will not receive property taxes for this area.
Any action correcting this Ordinance must be signed by December 31, and received by the ISTC by January
9, 2006. Upon timely receipt of the required information, processing will be resumed. If the ordinance is
approved, the changes will appear on the year Tax Code Area maps.
If you have further concerns or questions, please call Craig Johnson or myself at (208) 334-7750.
Sincerely,
Jeff Servatius
GIS Manager
Technical Support Bureau
Idaho State Tax Commission
Equal Opportunity Employer
Hearing Impaired Callers TDD 1-800-377-3529
Tor (The People o f Idaho
STATE TAX COMMISSION
800 Park Blvd., Plaza IV • Boise, ID • 83722
Oft
February 22, 2006
C TY OF�EAGLED
Sharon Moore FEB 2 y 2006
Eagle City Clerk
310 East State Street Fiip•
Eagle, ID 83616 Routs tr
Re: Ordinance No. 508 EAGLE (CITY)
Dear Ms. Moore:
During 2005, the Idaho State Tax Commission (ISTC) reviewed the above -referenced action. We could
not approve the action, because it does not comply with legal statutes as stated in previous
correspondence.
We have now closed all processing of boundary changes for the 2006 tax code year. This letter is to inform
you that the ISTC will not include this action on the 2006 Code Area maps. Since this change is not
reflected on the map, taxes cannot be collected on the 2006 tax bill.
Upon receipt of the needed documents, processing will be resumed for this action, during year 2006.
These changes would then appear on the year 2007 Code Area maps.
If there are any questions, please call me at (208) 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:
-3(o E.
EcLe TD
ORDINANCE NO. 508
Identification:
CivU��.tnci1. u�
Run Dates: 1 ' 1 U S
April 4, 200)
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 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 Exhibit "A" of this ordinance have requested, in writing, a
rezone from RUT to A; and
WHEREAS, the owners of the real property situated within the City of Eagle and
particularly described in Exhibit "B" 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 December 20, 2004, as required by
Section 67-6525, Idaho Code, and on January 18, 2005, 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 January 25, 2005, 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 of A and R -E 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.
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, are 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
properties have 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 Exhibit "B",
attached, is hereby annexed to the incorporated territorial limits of the City of Eagle,
Idaho.
DA Ib) this Sth day of March 2005.
C1TY COUNCIL OF THE CITY OF EAGLE
Ada C. unty, Idaho
an C. MertjJl, Mayor
Sharon K. Bergmann Eagle City C rk
STATE OF IDAHO )
: ss.
County of Ada )
3.33 3X1 = Z1
4t y
iposes
;Ierk of
;hed at
ie said
le said
iridian,
iptedly
sriod of
he first
Cached
shed in
)0-108,
time(s)
er, and
�y
On this :S day of >te/rj/ , in the yeaeclot in a
Notary Public 'n and for said State, personallyappeared lashed
�l Yt run k . l c� lr1Qnn, known to me to be the MAY
corporation that e}cuted this instnunent and the person4 dates:
behalf of said corporation, and acknowledged to me that
In witness whereof, I have hereunto
first wntten.
Roylance & Associates, P.A.
391 W State Street. Stele E, Eagle, klsho 83618
February 28, 2005
Project Number 2524
Legal DescnFlioc
Loch Lomond Subdivision No.'s 1 & 2
Annexation Alta
0.70 Aces
)AHO )
)SS
ADA)
Df 2005
peared
person
•ument,
that the
me that
) same.
A tract of land situated m the Southeast One Quarter of the Soudra r Idaho
North, Rrmgc 1 West, Boise Meridian, Ada County, Idaho, descah lee
Coimnen:mg at a brass cap monumenting the Center One Quailed r_
of North Park Lane, thane following said centerline and the eat
South 00'54'20'• west a distance of 1,320.00 fru to the POINT OF
Thence following said waterline and said easterly line
680.00 feet to a point;
Thence leaving said centerline and said easterly line,
45.00 feet to a point;
:ly,. •-- '?-fir! Jnan
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