Ordinance - 1997 - 288 - Annexation - 05/28/1997RECORDED- REQUEST OF
AOA COUNTY RECORDER
J. DAVIDNAVARRO
rAI;O DEPUTY
ORDINANCE NO. 288
ZMJUOE - I AMI0:08 6F., ; ' 000971 84
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;
ESTABLISHED THE ZONING CLASSIFICATION OF SAID REAL PROPERTY;
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 Section 2 of this ordinance has requested, in
writing, annexation of said real property to the City of Eagle; and
WHEREAS, the Planning and Zoning Commission of the City, pursuant to public notice
as required by law, held a public hearing on October 7. 1996 as required by Section
67-6525, Idaho Code, and recommended to the Mayor and Council that the annexation
and zoning request of Ed Hendershot be approved.
WHEREAS, the Eagle City Council, pursuant to public notice as required by law, held a
public hearing on November 16. 1996 on the proposed annexation and zoning for
the real property described in Section 2 below, as required by Section 67-6525, Idaho
Code, made findings and determined that the requested annexation should be granted.
Further, the zoning classification of AR as recommended by the Eagle Planning and
Zoning Commission 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
described below 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.
H:\ COUNCIL'iORDINANC\ANNEX.288
Section 2: The real property, all situated in Ada County, Idaho, adjacent and
contiguous to the City, particularly described in Exhibit "A" , attached, is annexed
hereto and zoned Agricultural - Residential District Classification AR by reference
incorporated herein, to the incorporated territorial limits of the City of Eagle, Idaho.
Section 3: 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 4: The zoning land use classification of the land described in Section 2 above
is hereby established as Aaricultural - Residential District , as reflected on Exhibit "A"
, attached herein, as provided by the Zoning Ordinance of the City. The
Comprehensive Plan and Zoning Map of the City are hereby amended to include the
real property described in Section 2 above in the AR zoning land use
classifications.
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 28th day of May, 1997.
CITY OF EAGLE ATTEST:
ADA , IDAHO
Rick Yzagu ie, ' Sharon K. Smith ors 11111F
Mayor City Clerk/Trea��°�g.E4G"
H:ICOUNCILORDINANCWNNEX.288
2
STATE OF IDAHO )
: ss.
County of Ada )
On this .day of i\A cv,A , in the year /997 , before me, the
undersigned, a Notary Public in and for said State, personally appeared RICK
YZAGUIRRE and SHARON K. SMITH, known to me to be the MAYOR and CITY
CLERK of said municipal corporation that executed 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 set my hand and affixed my official seal the day and
year first
H:'COUNCIIJORDINANCEJANNEX.288 3
Notary Pubr..
Residing at: Ktot .. ZdchO
My Commission Expires: /alas/e67,
Q
HUBBLF JGINEERING, INC.
7025 Emerald • Suite 200 • Boise, Idaho 83704 (208) 322-8992 • Fax (208) 378-0329
HORTON INC. -TOTAL PARCEL DESCRIPTION
wHIBTT A
A parcel of land located in a portion of Government Lot 6, and the original River
Bed of the North Channel of the Boise River, all in Section 16, T.4N., R.1 E., B.M., Ada
County, Idaho, more particularly described as follows:
Commencing at the South 1/4 Comer of Section 16, T.4N., R.1 E., B.M., being
marked by an aluminum cap monument, from which the Section Corner common to
Sections 16, 17, 20, and 21 of said T.4N., R.1 E, bears North 89°43'44" West, a distance
of 2,665.08 feet;
thence North 0°46'59" East on the North-South center of section line for a distance
of 1,144.00 feet (formerly described as North 1,144.00 feet) to a 5/8 -inch iron pin being
the REAL POINT OF BEGINNING;
thence on that common property line as shown on Record of Survey No. 1691,
Instrument No. 9040792 of Ada County Records, for the following eight courses, North
74°03'05" West (formerly described as North 74°50' West) for a distance of 116.00 feet
to a 5/8 -inch iron pin;
thence North 51°09'05" West (formerly described as North 51°56' West) for a
distance of 212.00 feet to a 5/8 -inch iron pin;
thence North 60°57'05" West (formerly described as North 61°44' West) for a
distance of 125.00 feet to a 5/8 -inch iron pin;
thence North 73°28'05" West (formerly described as North 74°15' West) for a
distance of 158.00 feet to a 5/8 -inch iron pin;
thence North 28°09'05" West (formerly described as North 28°56' West) for a
distance of 187.00 feet to a 5/8 -inch iron pin;
thence North 6°38'05" West (formerly described as North 7°25' West) for a distance
of 117.00 feet to a 5/8 -inch iron pin;
thence North 0°16'55" East (formerly described as North 0°30' West) for a distance
of 162.00 feet to a 5/8 -inch iron pin;
90-104 - Total Parcel Page 1 of 3
thence North 29°52'05" West (formerly described as North 30°39' West) for a
distance of 654.00 feet to a 5/8 -inch pin;
thence leaving said common property line North 67°32'55" East (formerly
described as North 66°46' East) for a distance of 18.25 feet to a 5/8 -inch iron pin at the
West Bank of a slough;
thence South 34°32'21" East on the bank of said slough for a distance of
73.45 feet to a 518 -inch iron pin;
thence South 34°26'48" East, continuing along said slough for a distance of
99.65 feet to a 5/8 -inch iron pin;
thence North 74°25'02" East for a distance of 87.48 feet to a 5/8 -inch iron pin on
the East bank of said slough;
thence North 24°41'09" West on the East bank of said slough for a distance of
87.41 feet to a 5/8 -inch iron pin;
thence North 45°30'04" West for a distance of 53.16 feet to a 5/8 -inch iron pin;
thence North 20°16'35" West for a distance of 114.23 feet to a 5/8 -inch iron pin on
the Left Bank of the North Channel of the Boise River;
thence continuing on the Left Bank of said North Channel of the Boise River for
the following six courses, North 58°38'02" East for a distance of 195.72 feet to a 5/8 -inch
iron pin;
thence North 57°18'50" East for a distance of 137.12 feet to a 5/8 -inch iron pin;
thence North 46°42'57" East for a distance of 210.72 feet to a 5/8 -inch iron pin;
thence North 5724'07" East for a distance of 231.23 feet to a 5/8 -inch iron pin;
thence North 59°14'52" East for a distance of 217.18 feet to a 518 inch iron pin;
thence South 84°53'06" East for a distance of 88.40 feet to a 5/B -inch iron pin on
the North-South centerline of said Section 16;
thence leaving said Left Bank, South 0°46'59" West on said North-South centerline
for a distance of 438.27 feet to the Center 1/4 corner of said Section 16 marked by an
aluminum cap monument;
90-104 - Total Parcel Page 2 of 3
JUL-1D-1D 14;4'(
HUBBLL LNb 1 NLLJ 1 NU 1 208 ..5Y8 032y - b4'/{j5
thence continuing South 0°46'59" West on said North-South centerline for a
distance of 1,502.40 feet to the REAL POINT OF BEGINNING, containing 26.82 acres,
more or less.
Prepared by:
HUBBLE ENGINEERING, INC.
JRW/TRW/dkg/125.des
Proj. #90-104
90-104 • Total Parcel Page 3 of 3
A PORTION
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GOVERNMENT LOT 6 THE- 0111' ` '•,t;�. -�..
T.4N., R.1 E.; ;:Bad`.`,
ADA COUNTY,=1DAWO
1992
• HUBBLE ENGINEERING. :.INC;•
BOISE, IDAHO
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38.72'
PARCEL "C"
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AIM ROM HORTON INC.
STATE OF IDAHO
NO. 1691
Rj�\ 29
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A....c..147.__
DEED
•N. 322.40'
EXISTING DIRT ROAD
331.51'
1
PARCEL 'B'
22.56 AC.
DISCLAIMER FROM STATEIOF IDAHO
TO HORTON INC,
TOTAL ACREAGE
PARCEL A & B o M
26.82 AC. L. "i
L6 2F�
PARCEL 'A" \
HORTON INC.
4.26 AC.
165.34'•
N. 89'04'00- Ei
DETAIL
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EXISTING EARTHEN DIKE
S. 89^5115• E. 2665.90'-16 15
CENTER OF SECTION 16
C.P.& F. INSTR. NO. 9104435
SET ALUMINUM CAP
21.11'
- EXISTING BARBED WIRE FENCE
S. 046'59' W. 1502
26.57'
17.06'
46.84'
N. 89'43'44' W. 2665.08'
21
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C.P.A. F.
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PARCEL AS SHOWN ON UNRECOR(
EXIAB1T OF CASE N0. 90545 - IC
JUDICIAL DISTRICT COURT, WELLS
WIWAMSON.
N. 89-04'D0'; E.
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WILLIAMSON ACCESS ROAD
5.14 COR. SEC 18..
C.P. F. INSTR. i10.
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The West Ada Express, 332 W. State St., Eagle, Idaho 83616
Affidavit of Publit .Lion
STATE OF IDAHO
COUNTY OF ADA
Scott Crosby
deposes and says:
That I am the Managing Editor of WEST Ai
twice weekly newspaper published at Eagle, in the County of
Idaho; that said newspaper has been and is in general circulati�
aforesaid, and in the vicinity of Eagle; that the advertisement, a
attached hereto, was published in said newspaper once a week
consecutive weeks in the regular and entire issue of said papi
and time of publication, and was published in the newspaper pt
supplement; that said paper has been established and regularly
than seventy-eight consecutive weeks prior to the date of first 1
advertisement.
}
ss.
Ordinance No. 288
TITLE OF PUBLICATION
City of Eagle
PLAINTIFF OR LEGAL AGENT
beir
Such notice was published in the issue beginning with
19 97 and ending with the issue of June 13
19 97
x
STATE OF IDAHO
COUNTY OF ADA
On this 19th day of June
)
in the year of 1997 be
Public, personally appeared Scott Crosby . kni
to me to be the person whose name subscribed to the within ins
being by me first duly sworn, declared that the statements there
acknowledged to me that he/she execute
s•t° SLEI -*i,
Copy of Notice
(First Copy)
ORDINANCE NO. 288
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; DIRECTING THAT COPIES OF THIS ORDINANCE BE
FILED AS PROVIDED BY LAW; AND PROVIDING AN heht.CTIVE DATE.
WHEREAS, the City of Eagle, Idaho is a municipal corporation organized and oper-
dting 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 Section 2 of this ordinance has requested,
in writing, annexation of said real property to the City of Eagle and
WHEREAS, the Planning and Zoning Commission of the City, pursuant to public
notice as required by law, held a public hearing on October 7, 1996 as required by
Section 67-6525, Idaho Code, and recommended to the Mayor and council that the
annexation and zoning request of Ed Hendershot be approved.
me.
°eluouHh•••
jt ,
° •T.
OTARY • g ,
6 • *tesidin at
�•� •
�` ` p SG4onZ U ' C expires
•
•••• ` TE OF�** °°° STATEMENT
Not: ry ' ublic for Idal�t
West Ada Express
Eagle, Idaho
Number of Lines 133 Lines
Number of Insertions 1
133 Lines @ $1.50 $ 199.50
Lines @ $ $
TOTAL COST
WILL BE $ 199.50
WHEREAS, the Eagle City Council, pursuant to public notice as required by law,
held a.public hearing on November 16, 1996 on the proposed annexation and zoning
for the real property described in Section 2 below, as required by Section 67-6525,
Idaho Code, made findings and determined that the requested annexation should be
granted. Further. the zoning classification of AR as recommended by the Eagle
Planning and Zoning Commission is appropriate to meet the requirements of Idaho
Code, Eagle City and the Eagle Comprehensive Plan and should be granted.
NOW, THEREFORE, BE T 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
described below 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 con-
tiguous to the City, particularly described in Exhibit "A", attached, is annexed here-
to and zoned Agricultural - Residential District Classification AR by reference incor-
porated herein, to the incorporated territorial limits of the City of Eagle, Idaho.
Section 3: From and after the effective date of this Ordinance, all property and per-
sons within the boundaries and territory described above shall be subject to all ordi-
nances, resolutions, police regulations, taxation, and other powers of the City of
Eagle.
Sectio 4: The zoning land use classification of the land described in Section 2
above is hereby established as Agricultural - Residential District, as reflected on
Exhibit "A", attached herein, as provided by the Zoning Ordinance of the City. The
Comprehensive Plan and Zoning Map of the City are hereby amended to include the
real property described in Section 2 in the AR zoning land use classifications.
Section 5: The City Clerk is hereby directed to file, within ten (10) days of passage
and approval 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.
"�tion 6: This Ordinance shall take effect and be in force from and after its pas-
-___
sage, aproval;and_publication as required by law. In lieu of publication of the entire
ordinance, a summary he eo€-in ompliance with Section 50-901A, Idaho Code,
may be published.
DATED this 28th day of May, 1997.
CITY OF EAGLE
ADA COUNTY, IDAHO
/s/ Rick Yzaguirre
Rick Yzaguirre,
Mayor
ATTEST:
/s/ Sharon K. Smith
Sharon K. Smith
City Clerk/Treasurer
EXIIBIT A
HORTON INC. -TOTAL PARCEL DESCRIPTION
A parcel of land located in a portion of Government Lot 6, and the origi-
nal River Bed of the North Channel of the Boise River, all in Section 16, R.le.,
T.4N., B.M., Ada County, Idaho, more particularly described as follows:
Commencing at the South 1/4 Corner of Section 16, T.4N., R.IE, B.M.,
being marked by an aluminum cap monument, from which the Section Corner com-
mon to Sections 16, 17, 20, and 21 of said T.4N., R.1E. bears North 89°43'44" West,
a distance of 2,665.08 feet;
thence North 0°46'59" East of the North-South center of section line for a
distance of 1,144.00 feet (formerly described as North 1,144.00 feet) to a 5/8 -inch
iron pin being the REAL POINT OF BEGINNING;
thence on that common property line as shown on Record of Survey No.
1691, Instrument No. 9040792 of Ada County Records, for the following eight
courses, North 74°03'05" West (formerly described as North 74°50' West) for a dis-
tance of 116.00 feet to a 5/8 -inch iron pin;
thence North 51°09'05" West (formerly descirbed as North 51°56' West)
for a distance of 212.00 feet to a 5/8 -inch iron pin;
thence North 60°57'05" West formerly described as North 61°44' West;
for a distance of 125.00 feet to a 5/8 -inch iron pin;
thence North 73°28'05" West (formerly described as North 74°15' West)
for a distance of 158.00 feet to a 5/8 -inch iron pin;
thence North 28°09'05" West (formerly described as North 28°56' West'
for a distance of 187.00 feet to a 5/8 -inch iron pin;
thence North 6°38'05" West (formerly descirbed as North 7°25' West) foi
a distance of 117.00 feet to a 5/8 -inch iron pin:
thence North 0°16'55" East (formerly descirbed as North 0°30" West) fo
a distance of 162.00 feet to a 5/8 -inch iron pin;
at_-,. 7A0111' U/xt