Ordinance - 2005 - 493 - Rezone/Westover Lakes Rezone - 04/26/2005ORISINAt
ORDINANCE NO. 493
AN ORDINANCE CHANGING THE ZONING CLASSIFICATION OF THE REAL
PROPERTY DESCRIBED HEREIN FROM A -R (AGRICULTURAL -RESIDENTIAL)
CLASSIFICATION TO R-2 (RESIDENTIAL) CLASSIFICATION; AMENDING THE
ZONING MAP OF THE CITY OF EAGLE TO REFLECT SAID CHANGE; 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
WHEREAS, pursuant to Chapter 65, Title 67, Idaho Code, the City of Eagle has the authority to
adopt, establish and amend a Zoning Ordinance; and
WHEREAS, the owner 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 A -R to R-2;
and
WHEREAS, the Planning and Zoning Commission of the City, pursuant to public notice as
required by law, held a public hearing on October 4, 2004, as required by Section 67-6509, 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 23, 2004, on the proposed zoning for the real property described in Exhibit
"A" as required by Section 67-6509, Idaho Code, made findings and determined that the
requested zoning classification of R-2 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 is
hereby granted.
NOW THEREFORE, BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE CITY
OF EAGLE, IDAHO, AS FOLLOWS:
Section 1: 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" be removed from the A -R (Agricultural -
Residential) zoning classification and included in the R-2 (Residential) classification 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.
Section 2: The described real property generally as shown on Exhibit "B" and located as
specifically described in the attached legal description Exhibit "A" all situated in the City of
Eagle, Ada County, Idaho, is hereby removed from the A -R (Agricultural -Residential)
classification and the real property described in Exhibit "A" is hereby included in the R-2
(Residential) classification.
Page 1 of 2
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Section 3: The official Zoning Map of the City of Eagle, Idaho, is hereby amended to reflect the
foregoing change in zoning classification.
Section 4: This ordinance shall take effect and be in force from and after its passage, approval,
and one (1) publication of the ordinance in the official newspaper of the City.
DATED this 26th day of April 2005.
CITY COUNCIL OF THE CITY OF EAGLE
Ada County, Idaho
Nanjy C. Mrrill, Mayo,
ATT ST:
0%,(4 —
Sharon K. Bergmann, Eagle City C rk
Page 2 of 2
K:\COUNCIL\Ordinances •.OuI 493.doc
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S1>xTcao Zatateonr, &15writakit ;ire
PROFESSIONAL ENGINEERS, LAND SURVEYORS & PLANNERS
314 BADIOLA STREET TELEPHONE: (208) 454-0256
CALDWELL, IDAHO 83605 FAX: (208) 454-0919
Email: rgray@emands.net
FOR: Nagy Springcreek, L.L.C.
JOB NO.: DE1304
DATE: January 10, 2005
RE: Westover Lakes Subdivision
EXHIBIT "A"
PROPERTY DESCRIPTION
A parcel of land being a portion of Government Lot 1 of Section 20, Township 4 North, Range 1
East, Boise Meridian, City of Eagle, Ada County Idaho, more particularly described as follows:
Commencing at the NE corner of said Government Lot 1, (Section corner common to sections 16,
17, 20 and 21), said corner monumented with a 3 inch diameter brass disk;
Thence S. 88° 45' 24" W., a distance of 1339.31 feet along the northerly boundary of said
Government Lot 1 to the NE boundary corner of Streamside Subdivision as on file in Book 75 of
Plats at Pages 7750 through 7754 in the Office of the Recorder of Ada County, Idaho, said corner
also being the POINT OF BEGINNING and is monumented with a 5/8 inch diameter iron pin;
Thence N. 88° 45' 24" E., (formerly East), a distance of 133.98 feet along the northerly boundary
of said Government Lot 1 to a 5/8 inch diameter iron pin;
Thence S. 73° 48' 07" E., (formerly S. 72° 35' E.), a distance of 137.28 feet to a 5/8 inch diameter
iron pin;
Thence S. 57° 58' 07" E., (formerly S. 56° 45' E), a distance of 290.40 feet to a 5/8 inch diameter
iron pin;
Thence S. 41° 18' 07" E., (formerly S. 40° 05' E), a distance of 198.00 feet to a 5/8 inch diameter
iron pin;
Thence S. 32° 23' 07" E., (formerly S. 31° 10' B), a distance of 287.10 feet to a 5/8 inch diameter
iron pin;
Thence S. 37° 58' 07" E., (formerly S. 36° 45' E), a distance of 244.20 feet to a point, said point
referenced S. 45° 21' 53" W., a distance of 15.10 feet with a 5/8 inch diameter iron pin;
Thence S. 51° 18' 07" E., (formerly S. 50° 05' E), a distance of 118.80 feet to a 5/8 inch diameter
iron pin;
Thence S. 74° 53' 07" E., (formerly S. 73° 40' E), a distance of 231.00 feet to a 5/8 inch diameter
iron pin;
EARL, Mnsp> & ST/avian A1C.
PROPESSIONAL ENGINEERS, LAND URV.EYORS, & PLANNERS
Page 2 02'3 Plat Boundary
X: Wes aver Lakes -nal 304\Survey\Lcgale\Plat boundary.doc
Thence N. 86° 56' 53" E., a distance of 5.83 feet, (formerly N. 88° 10' E.), to a point on the
westerly right of way of State Highway 55, (Eagle Road) per Project No. NH -F 3271(037),
highway survey as shown on the plans thereof, now on file in the office of the Idaho Transportation
Department and recorded as a Warranty Deed, Instrument No. 96008689 in the Office of the
Recorder of Ada County, Idaho, said point lying 70.00 feet left, (westerly) of station 318+10.71 of
said highway survey and is monumented with a 5/8 inch diameter iron pin;
Thence S. 0° 58' 08" W., a distance of 24,96 feet, (formerly S. 0° 57' 22" W.), along said westerly
right of way to a point of curvature, said point lying 70.00 feet left, (westerly) of station 317+85.75
of said highway survey and is monumented with a 5/8 inch diameter iron pin;
Thence continuing along said westerly right of way a distance of 189,29 feet along the arc of a
11,389.16 foot radius tangent curve right with a central angle of 0° 57' 08", and tangents of 94.65
feet, the long chord of which bears S. 1° 26' 42" W., a distance of 189.28 feet, to a point on the
northerly boundary of that certain deed recorded January 26, 1918 as Instrument No. 72610 in the
Office of the Recorder of Ada County, Idaho, said point lying 70.00 feet left, (westerly), of station
315+95.32 of said highway survey and is naonumented with a 5/8 inch diameter iron pin;
Thence along the northerly boundary of said Instrument No. 72610 the following courses and
distances:
Thence leaving said westerly right of way and along the northerly boundary of said Instrument No.
72610, S. 89° 09' 27" W., (formerly S. 87° 57' W.), a distance of 314.55 feet to a 5/8 inch diameter
iron pin;
Thence S. 79° 39' 27" W., (formerly S. 78° 27' W.), a distance of 308.88 feet to a 5/8 inch
diameter iron pin;
Thence S. 53° 49' 27" W., (formerly S. 52° 37' W.), a distance of 204.60 feet to a 5/8 inch
diameter iron pin;
Thence S. 69° 29' 27" W,, (formerly S. 68° 17' W.), a distance of 7920 feet to a 5/8 inch diameter
iron pin;
Thence S, 72° 29' 27" W., (formerly S, 71° 17' W.), a distance of 99,00 feet to a 5/8 inch diameter
iron pin;
Thence S. 65° 29' 27" W., (formerly S. 64° 17' W.), a distance of 118.80 feet to a 5/8 inch
diameter iron pin;
Thence S. 62° 52' 27" W., (formerly S. 61° 40' W.), a distance of 185.21 feet to a point on the
northerly boundary of Fresh Creek Subdivision as on file in Book 86 of Plats at Pages 9809
through 9811 in the Office of the Recorder of Ada County, Idaho, said point monumented with a
5/8 inch diameter iron pin
EARL, MASON & STANBSSIAy I'N��C.
PROFP.SSIONdL ENGINEERS, LAND SURVEYORS, & PLANNERS
P,$e 3 of 3 Plat Boundary
X:Wesrwver Lakes-DE1304\Survey\Lcgalc\l'1at boundary.doc
Thence leaving the northerly boundary of said Instrument No. 72610 and along the northerly
boundary of said Fresh Creek Subdivision, S, 79° 11' 54" W., a distance of 70.17 feet to a point,
said point witnessed N. 1° 10' 39" E., a distance of 0.98 feet with a 5/8 inch diameter iron pin;
Thence N. 1° 10' 39" E., a distance of 1507.07 feet, (formerly north, also formerly N. 1° 11' 32"
E., a distance of 150599 feet per said Streamside Subdivision), along the easterly boundary of said
Streamside Subdivision to the POINT OF BEGINNING,
This parcel contains 25.14 acres more or less.
Also, the above-described parcels are SUBJECT TO all easements and rights-of-way of record or
implied.
VICINITY MAP
WESTOVER LAKES SUBDIVISION
PROJECT
—
LOCATION
W 9 s
W. BAN1S10E p
SOUTH SLOUGH
W. COLCHESTER DR.
il�V1�WY•`\Fi�E:'in
TN{
R4,,
OST j°LuC
BANBURY MEADOWS
W OAKHAMPTOIV 011_1
4
6
SOU H SLOUGH
THURMAN MILL CANAL
VICINITY MAP
WESTOVER LAKES SUBDIVISIC
SOUTH SLOUCH
PROJECT
LOCATION
BANBURY MEADOWS
�URargA,
4114
Nq
0 degree57'08", and tangents of 94.65 feet. the long chord of which 1
degree 26'42" W, a distance of 189.28 feet, to a point on the northerly
of that certain deed recorded January 26, 1918 as Instrument No. 726
Office of the Recorder of Ada County, Idaho, said point lying 70.00
(westerly) of station 315+95.32 of said highway survey and is monument
5 8 -inch -diameter iron pin;
Thene along the northerly boundary of said Instrument No. 7261(
lowing courses and distances:
Thence leaving said westerly right-of-way and along the northerly
of said Instrument No. 72610, S 89 degrees 09'27" W (formerly S 87 de
W), a distance of 314.55 feet to a 5 8 -inch -diameter iron pin;
Thence S 79 degrees 39'27" W (formerly S 78 degrees 27' W), a di
308.88 feet to a 5/8,inch-diameter iron pin;
Thence S 53 degrees 49'27" W (formerly S 52 degrees 37' W), a d
204.60 feet to a 5/8 -inch -diameter iron pin;
Thence S 69 degrees 29'27" W( formerly S 68 degrees 17' W), a di
79.20 feet to a 5 8 -inch -diameter iron pin;
Thence S 72 degrees 29'2T' W (formerly S 71 degrees 17' W), a di
99.00 feet to a 5 8 -inch -diameter iron pin;
Thence S 65 degrees 29' 27" W (formerly S 64 degrees 17' W), a d
118.80 feet to a 5 8 -inch -diameter iron pin;
Thence S 62 degrees 52'27" W (formerly S 61 degrees 40'W), a d
185.21 feet to a point n the northerly boundary of Fresh Creek Subdivis
file in Book 86 of Plats at Pages 98O through 9811 in the Office of the
of Ada County, Idaho, said point monumented with a 5/8 -inch -diameter 1
Thence leaving the northerly boundary of said Instrument No. 72
along the northerly boudnary of said Fresh Creek Subdivision, S 79 degree
W, a distance of 70.17 feet to a point, said point witnessed N 01 degree 1
a distance of 0.98 feet with a 5t8 -inch -diameter iron pin;
Thence N 01 degree 10'39" E, a distance of 1507.07 feet (former
also formerly N 01 degree 11'32" E, a distance of 1505.99 feet per said SI
Subdivision), along the easterly boundary of said Streamside Subdivision toth
OF BEGINNING.
This parcel contains 25.14 acres, more or less.
Also, the above-described parcels are SUBJECT TO all easements an
of -way of record or implied.
Valley Times
P.O. Box 1790
Eagle, Idaho 83616
LEGAL ADVERTISING PROOF OF PUBLICATION
Account: C 1'19 of [GL) (Q
Address: 3(0 iE S+0-1-4- S{ •
EaLi -C13%3(o
Attention:
Identification:
Run Dates:
Number Lines
Other
SCA \NEC
& FILED
CITY OF EAGLE
MAY 1 2005
File'
Routs
vrdr►4r1v
Wo . (193
S-9 '05
25S
Amount
20 2.? + 3X`f
40.00 Phi,
vs. 2 0 l�
ORDINANCE NO. 493
AN ORDINANCE CHANGING THE ZONING CLASSIFICATIONF THE
REAL PROPERTY DESCRIBED HEREIN FROM A -R (AGRICULTURAL -RESI-
DENTIAL) CLASSIFICATION TO R-2 (RESIDENTIAL) CLASSIFICATION;
AMENDING THE ZONING MAP OF THE CITY OF EAGLE TO REFLECT SAID
CHANGE; 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
WHEREAS, pursuant to Chapter 65, Title 67, Idaho Code, the City of Eagle
has the authority to adopt, establish and amend a Zoning -Ordinance; and
WHEREAS, the owner 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 AR to R-2; and
WHEREAS, the Planning and Zoning Commission of the City, pursuant to
public notice as required by law, held a public hearing on October 4, 2004, as required
by Section 67-6509, 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 23, 2004, on the proposed annexation and
zoning for the real property described in Exhibit "A" as required by Section 67-
6509, 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 is hereby granted.
NOW, THEREFORE, BE IT ORDAINED 13Y THE MAYOR AND COUNCIL
OF THE CITY OF EAGLE, IDAHO, as 'follows:
Section 1: The Eagle 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 Ex-
hibit "A" be removed from the A -R (Agricultural -Residential) zoning classification
and included in the R-2 (Residential) classification 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.
Section 2: The real described real property generally as shown on Exhibit "B"
and located as specifically described in the attached legal description Exhibit "A," all
situated in the City of Eagle, Ada County, Idaho, is hereby removed from the A -R
(Agricultural -Residential) clssification and the real property described in Exhibit
"A" is hereby included in the R-2 (Residential) classification.
Section 3: The official Zoning Map of the City of Eagle is hereby amended
to reflect the foregoing change in zoning classificaiton.
Section 4: This ordinance shall take effect and be in force from and after its
passage, approval and one (1) publication of the ordinance in the official newspaper
of the City.
DATED this 26th day of April 2005.
CITY COUNCIL OF THE CITY OF EAGLE
Ada County, Idaho
Nancy C. Mrrill, ay .r
ATTST:
Sharon IC: -Bergmann, Eagle City
twit
Earl, Mason, & Stanfield, Inc.
Professional Engieners, Land Surveyors & Planners
314 Badiola Street • Caldwell, Idaho 83605
Exhibit "A"
Property Description
A parcel of land being a portion of Government Lot 1 of Section 20, Township
4 North, Range 1 East, Boise Meridian, City of Eagle, Ada County, Idaho, more
particularly described as follows:
Commencing at the NE corner of said Government Lot 1 (section corner
commons to Sections 16, 17, 20 and 21), said corner monumented witha 3 -inch -
diameter brass disk;
Thence S. 88 degrees 45'24" W, a distance of 1339.31 feet along the north-
erly boundary of said Government Lot 1 to the NE boundary corner of Streamside
Subdivision as on file in Book 75 of Plats at Pages 7750 through 7754 in the Office