Ordinance - 2005 - 495 - Pony Subdivision Annex/Rezone - 04/26/2005ADA COUNTY RECORDER J ')AVID NAVARRO AMOUNT .00 5
BOISE IDAHO 05/05/05 0 'M
DEPUTY Viki Allen
RECORDED - REQUEST OF III11111111 I0566I0 I II 1111 III
Eagle City
SCANNED
ORDINANCE NO. 495
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 owner of the real property situated in the unincorporated area of Ada County
and particularly described in Exhibit "A" of this ordinance has requested, in writing, annexation
of said real property to the City of Eagle; 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 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 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 July 27, 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\Onlinances\On1495.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, 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 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" 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 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\Ordinmues\Ord 495.doc
DATED this 26th day of April 2005.
CITY COUNCIL OF THE CITY OF EAGLE
Ada County, Idaho
/14 11 L166101(;17-1
Na cy C.errill, May r
ATTEST:
Sharon K. Bergmann, Eagle City Clerk
Page 3 of 3
K:\COUNCIL\Ord nances\Ord 495 doc
TEALEY'S LAND
SURVEYING
t.
Project No.: 2595
Date: September 3, 2003
2501 Bogus Basin Rd. ® Boise, Idaho 83702
(208) 385-0636
Fax (208) 385-1-6
EXHIBIT "A"
A resubdivision of Lots 1, 2, 3 and 4 of Block 1 of Pony Subdivision as on file in Book
60 of Plats at Pages 5967 and 5968 in the Office of the Recorder for Ada County, Idaho said
parcel being situated in Govemment Lot 4 of Section 5, T.4N., R.1 E., B.M., Ada County,
Idaho, and being more particularly described as follows:
COMMENCING at a brass cap marking the Northwest corner of said Section 5;
thence along the West line of said Section 5
South 01°08'36" East 30.00 feet to a brass cap marking the Northwest comer of said
Lot 2 which point is the POINT OF BEGINNING; thence along the North line of said Lots 2
and 1
North 89°40'10" East 806.16 feet to an iron pin marking the Northeast comer of said
Lot 1; thence along the East line of said Lot 1
South 00°41'15" East 226.54 feet to an iron pin; thence continuing
South 04°27'25" West 201.79 feet to an iron pin; thence continuing
South 15°11'10° West 84.65 feet to an aluminum cap; thence continuing
South 00°03'29" East 94.28 feet to an iron pin marking the Southeast corner of said
Lot 1; thence along the South line of said Lot 1
South 89°40'10° West 80.17 feet to an iron pin marking the Northeast corner of said
Lot 4; thence along the East line of said Lot 4
South 00°19'50" East 45.95 feet to an iron pin; thence continung
South 15°33'18" East 299.24 feet to an iron pin; thence continuing
South 00°03'29" East 299.96 feet (formerly 300.00 feet) to an iron pin marking the
Southeast comer of said Lot 4 which point is on the South line of said Government Lot 4;
thence along the South line of said Pony Subdivision and said Government Lot 4
South 89°50'36" West 747.09 feet (formerly South 89°50'21" West 747.00 feet) to an
iron pin marking the Southwest corner of said Government Lot 4; thence along the West line
of said Pony Subdivision and said Government Lot 4
North 01°08'36" West 1235.97 feet (formerly North 01°08'50" West 1236.07 feet) to
the POINT OF BEGINNING.
Said Parcel Contains 21.55 Acres, more or Tess.
3
•
D
EXHIBIT "B"
Valley Times
P.O. Box 1790
Eagle, Idaho 83616
LEGAL ADVERTISING PROOF OF PUBLICATION
Account:
Address:
Ct4) of- &I4
310 E• S -E •
Identification:
Run Dates:
o.:..;11.IVEL) & FILED SC/
CITY OF EAGLE
MAY 1 2 20
FIA•
Routs to.
cYy'dl.nanu No .44 s'
S -q 'o c
ORDINANCE NO. 495
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 owner of the real property situated in the unincorporated
area of Ada County and particularly described in Exhibit "A" of this ordinance has
requested, in writing, annexation of said real property to the City of Eagle; 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 writ-
ing, 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 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 July 27, 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 COUN-
CIL OF THE CITY OF EAGLE, IDAHO, as follows:
Section 1: The Eagle City Council hereby fmds and declares that the real
property particularly described in Exhibit "A," attached hereto and incorporated
herein by reference, are contiguous to the City, that said property can be reason-
ably 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 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 there in 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 in-
cluded in the Residential -Estates (up to one unit per two -acres) District Classifica-
tion 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 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 Codk_ 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 26th day of April 2005.
CITY COUNCIL OF THE CITY OF EAGLE
Ada County, Idaho
IM
Nan y C. Mrill, MMiay r
ATTEST:
.tet �....i.. ,
Sharon K. Bergmann, Eagle City 1 Jerk
2 QpRATeti#\
Cd4. ?
. lcnt n,.m,c Racin Rd • Boise_ Idaho 83702
EXHIBIT "B"
Tor The People of Idaho
STATE TAX COMMISSION
800 Park BI J., Plaza IV • Boise. ID • 83?2..'
June 20, 2005
Sharon Moore
Eagle City Clerk
310 East State Street
Eagle, ID 83616
SCANNE
8: ��ILciJ
CITY OF EAGLE -
JUN 3 ^ 2005
Fi1p•
Routs t
Subject: Ordinance No. 495 EAGLE (CITY)
Dear Ms. Moore:
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