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Ordinance - 2005 - 529 - Annex/Rezone Lynn & Gayle P. Mckee - 09/13/2005ADA GUUNI Y tttUUnUCrt J. unvw nnvniuw BOISE IDAHO 10/06105 Q•RO PM DEPUTY Vicld Allen t� RECORDED—REQUEST OF III I I II II I047I9'I II II I I III City W Eagle L3C;AN NED Recording of Ordinance No. 529. Requested By: Tracy E. Osborn Deputy Clerk City of Eagle City 310 E. State Street Eagle, Id 83616 This sheet has been added to the document to accommodate the recording information. ORDINANCE NO. 529 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 has 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 20, 2005, 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 August 9, 2005, 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 generally shown on Exhibit "B", attached, is hereby annexed to the incorporated territorial limits of the City of Eagle, Idaho. Page 1 of 3 K:\COUNCIL\Draft Ordinances\Ord 529 Annexation and rezone Lynn McKee.doc 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 generally 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 (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. DATED this 13th day of September, 2005. CITY COUNCIL OF THE CITY OF EAGLE Ada County, Idaho Nagy C. Mer '11, Mayor ATTEST: Sharon K. Bergmann Eagle Ci Clerk Page 2 of 3 K:\COUNCIL\Draft Ordinances \Ord 529 Annexation and rezone Lynn McKee.doc STATE OF IDAHO ) . ss. County of Ada ) On this I 3 day of , in the year - /_ ,be ore me, the undersigned, a N9tary Public in and for said State, personally appeared �! it . J /%�, %I and %,5�'lr vi H er ani'1 , known to me to be the MAYOR and'CITY CLERK of said municipal corporation tharexecuted 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 selon t,d affixed my official seal the day and year first written. ••% OSS OR * t, #4,, NRY S. e 041 64, Notary Public di g a `aw' dwa,�u�-' l Commission Expires: / 011R3144> Page 3 of 3 KICOUNCIL\Draft Ordinances\Ord 529 Annexation and rezone Lynn McKee. don RR EXHIBIT A Land Surveying, him GPS, BOUNDARY, TOPOGRAPHIC AND A.L.T.A. SURVEYS CONSTRUCTION STAKING 3D SCANNING 1121 E. State Street • Suite 105 • Eagle, Idaho 83616 • office: 1-208-939-7373 filieW2084931617321 MAR 2 9 2005 File: Route to• Job No. 05823 3-7-05 D.R.L. LEGAL DESCRIPTION FOR M. LYNN & GAYLE P. McKEE (Overall Parcel) A portion of Lot 1, Section 6, Township 4 North, Range 1 East of the Boise Meridian, City of Eagle, Ada County, Idaho described as: Commencing at the Northeast comer of Section 6, Township 4 North, Range 1 East of the Boise Meridian and running thence S89°22'27"W 945.18 feet along the North line of said section to the Point of Beginning; thence S89°22'27"W 377.86 feet along said North line to the East 1/16 comer of said section; thence S01 °45'31 "E 753.04 feet along the NorthSouth 1/16 line; thence N88°30'00"E 376.93 feet; thence N01°41'33"W 747.27 feet to the point of beginning. Parcel contains 6 49 acres. /4 gems New 14LOA.1 L - • aLlirat RM X W 1 1/11 Oxer Cap rr� i PART OF THE NE 1/4 OF THE NE 1/4 OF SECTION 6, T. 4 N., R. 1 E.,B.M. ADA COUNTY, IDAHO **PLATTED . BEACON LIGHT ROAD Neff e_r_. t. JI 4.45 AGES 6 0 y8B'30'r 349,71E 1. 1.80 NET /ACRES 1.94 GROSS ACRES 314.4' Noo'3o'o0'E 37693' UNPlATTLD Pat crease Coma Leas. a T. 4 11.;,...24...111.1L *and Cap 4CERTIFICATE OF CITY ENGINEER L 1HE 7A V RSGNIft4 07Y ENGINEER a AND FAP 015 07Y 07 EACL4 ALN ODLM) bwAR 00 149*68Y CERTIFY IIAT / l 4I•E INS SURVEY AND 7744T 7NE' MEE' CITY RIDUIR 797S RRBBGG4 PARCEL DAMNS MAW BEEN MET. 11 LINE TABLE 11NL fAFINRTANOLJ L1 S5ar22'O27'W O 25.00' APPROVAL (a7IMF ) I ill: d0 A LtGENQ tibFound Section Comae IISSet 1/'1'X 24' bon rod with cop marked P.LS 7.323 r. Found '1/?' bon rod rFound 5/$- bon rod r. Set Mr'Mr'X .70' Iron and with cap monied P.LS 7323 Fence fine OF CITY COUNCIL 4 TIE UNDERSIGNEI4 017Y CLERK AV AND fOR THE CITY OF FALX& Apo COUNTY, /047(4 DO HEREBY 10ER1IFY nor AT A REGU4AR MEETING OF THE L1TY COUNCIL HELD ON TAIE DAY OF2005 7785 PARCEL O state 1145 APPROVED AND ACCEPTED.�� CRY tXEet ME CITY (•NGAIIEFR RECEIVED & FHLEU RECORDER 1-CEffXTTG' h STATE OF /OHIO SS MAR 244a% 4 MECERAFY 7744T ttg ttimptutr bits RUM aE veD�l , 5.,,u lk✓ • ,.�, ,. od>41 AT IW6/7� SPA _ .Q{fY IBE NY OF ,4 paw W 144VM77 kit 07Dt 0674J7Y APPROVAL OF OWNER'S 45. To OOZE P. A ARE. ' RE or �A�U^ `ate ANO Parcel) A port/an of Lot 7, Section 4 Towns/dp 4 North Rang. 1 East of the Kobe Meridian. Ob' of Eagle, Ado County. /dohei dera1bed os• Commencing at the Northeast comer of Section 6 Township 4 North, Range 1 East of the Boise Me ddlon ang running thence 589'22271Y 94518 feet along the North Ere of sold rectkoh to the Pont of Beghminw thence .%9'$2.27w 377.86 feet along said Nath line to the East 1 15 carer of sold section; thence SO1'45J73' 5Q552 feet along the North-South 1/16 In* the nce N88'J0GG3 579.78 Mob thence 51714l'JJ'E 249.42 Nat thence M88'JQ 0O''E 37.50 Nett then ce NOl'41'J3w 747.27 hot to the point of beginning. Parcel contains 4.55 acres «Parse> A porton of Lot 1, Skean 6; Township 4 North. Range 1 East of the Eloise Merkllan. 04:y of Eagle. Ada Cann; kbho described as: Cavnmoo h* of the Northeast comer of Section Q Townah7p 4 North, Range 1 East of the Boise M4vja/ar and running thence 58922'7'W 13250 Net along the North Ohre of sold ase to the East 1/16 come of said section- thence ,407'45:77$ 50562 fest along the North-South 7/16 /Grs to the Pant of Beginning; ing; then. NBB"Jp 00 339.75 Net theme S01'41'3.3T 249.42 test thence 888'30001Y 37693 fest thence N21'45'77w 249.42 test to the point of beginning. Parcel contains 2.77 acres. And that they agree 70 16 0 Lot Lina Adjustment 14 LYNN MOKEE 6414E P. *KEE SURVEYOR'S CERTIFICATE PRprE M L LANRD LEI t&6$Y t,8RI/TY renin / O A L.Cf74� BY jitE STATE OF V17/O. ANO MAT 7745 ANP HASPREiAREO FROM AN ACTLML SURVEY MADE GIN THE GROUND UNDER MY AND 77i4T THIS ANP LS AN ACCURATE REPRESENTATION OF 0494f'T7 R. LEAN77; P.LS 41:314:3‘ �R op ICNNO 4ACET.SE NCL 7.323 RkCORI? OF T SURVEYNO. SPLIT LYNN McEEE intrairassawralisalimmagn SEC. 8, T. 4 N., $. 1 E.,B.M. INDEX / 411-6-1-1-00-0000 `jCI 111[in/ 'For ' he People c f Idaho STATE TAX COMMISSION 800 Park Blvd., Plaza IV • Boise, ID • 83722 November 4, 2005 Sharon Moore Eagle City Clerk 310 East State Street Eagle, ID 83616 Subject: Ordinance No. 529 EAGLE (CITY) Dear Ms. Moore: A.kuLi CITY OF EAGLE 1 NOV 101005 File: Route to: 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: at of E -3 l (7 E . 1 -a -k St- Ea4,, .1►D U 0361, Identification: Run Dates: CITY OF'EAGLE OCT 12 2005 no: It Routs to - 0 -A c r, u l t. tD-3 '0S Number Lines 1 V Amount Ordinance No. 529 Other AN ORDINANCE ANNEXING CERTAIN REAL PROPE! IN THE UNINCORPORATED AREA OF ADA COUNTY, IDA TIGUOUS TO THE CORPORATE LIMITS OF THE CITY OF I CITY OF EAGLE, IDAHO, ESTABLISHING T -IE ZONING Cl/ OF SAID REAL PROPERTY DESCRIBED HEREIN; AMEND BIG MAP OF THE CITY OF EAGLE TO REFLECT SAID CHA ING THAT COPIES OF THIS ORDINANCE BE FILED AS LAW; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the City of Eagle, Idaho is a municipal corpc and operating under the laws of the State of Idaho and is author and incorporate within the boundaries of the City contiguous res manner pxvided by Section 50-222, Idaho Code; and WIII#REAS, the owners of the real property situated in till area of Ad County and particularly described in Exhibit "A" of 1 requested, in writing, annexation of said real property to the Citi WHEREAS, the owners of the real property situated within ( and particularly described in Exhibit "A" of this ordinance ha writing, a rezone from RUT to R -E; and WHEREAS, the Planning and Zoning Commission of the public notice as required by law, held a public hearing on June 20, by Section 67-6525, Idaho Code, and made a recommendation ti Council; and WHEREAS, the Eagle City Council, pursuant to public notic law, held a public hearing on August 9, 2005, on the proposed zoning for the real property described in Exhibit "A" as require 6525, Idaho Code, made findings and determined that the requ should be granted and that a zoning classification of R -E for the p in Exhibit "A" is appropriate to meet the requirements of Idaho Code and the Eagle Comprehensive Plan and should be granted. NOW, THEREFORE, BE IT ORDAINED BY THE MAYC CIL OF THE CITY OF EAGLE, IDAHO, as follows: 4 Section 1: The Eagle City Council hereby finds and decb property particularly described in Exhibit "A," attached hereto herein by reference is contiguous to the City, that said property assumed to be used for the orderly development of the City, and said property has requested, in writing, annexation thereof to ti ('1 t-,qD rr9 "X -tar' 37.5 cce IA; If7.;U I 4.1.3 33 2..t.1 0 Frank Thomason, being duly sworn, deposes and says: That he is the Principal Clerk of Valley Times, a weekly newspaper published at Eagle, Ada County, State of Idaho; that the said newspaper is in general circulation in the said County of Ada, and in the vicinity of Meridian, Star, and Eagle, and has been uninterruptedly published in said County during a period of seventy-eight consecutive weeks prior to the first publication of this notice, a copy of which is attached hereto, and that the notice was published in Valley Times, in conformity with Section 60-108, Idaho Code, as amended, for time(s) in the regular and entire issue of said paper, and was printed in the newspaper proper, and not in a supplement; and that said notice was published on the following wing daSes: Beginning ,q_ Ending v C I D kw 3, 2,0 C )-- STATE OF IDAHO ) )SS -J On this day of c i in the year of 2005 COUNTY OF ADA ) before me, a Notary Public, personally appeared Ik Thomason, known or identified to me to be the person Whose name is subscribed to the within instrument, end being by me firS't duly sworn, declared that the state m€n erein are tr r ,, acknowledged to me that Section 2: The real property, all situated in Ada County, Id contiguous to the City, particularly described in Exhibit "A" shown on Exhibit "B," attached, is hereby annexed to the incor limits of the City of Eagle, Idaho. ai p0 THE NEI ,FECTIQ I n he executed the same. Notary Public for Idaho Resi at ise, ID My Commission expires:']] Pi 1/