Ordinance - 2005 - 531 - Annex/Rezone Eagle/Ada Sports Park (84.91 Acres) - 10/18/2005ADA COUNTY RECORDER J. IID NAVARRO AMOUNT .00 16
BOISE IDAHO 11103/05 02:09 PM
DEPUTY Patti Thompson
RECORDED -REQUEST OF II I I I 11111111M11!161,111111111 I ( 'll
Eagle City (.;HNNED
ORDINANCE NO. 531
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 granted, in by contract "Exhibit B,
the 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 granted the City of Eagle, by contract "Exhibit B",
a rezone from RR to PS; and
WHEREAS, the Planning and Zoning Commission of the City, pursuant to public notice as
required by law, held a public hearing on August 24, 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 October 11, 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.
Page 1 of 3
K \COUNCIL\Draft OrdmancaArd S31 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 "C", 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 RR (Rural Residential) District classification and is hereby
included in the PS (Public/Semi-Public) District Classification, 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 PS 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
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DATED this 18th day of October 2005.
CITY COUNCIL OF THE CITY OF EAGLE
Ada County, Idaho
Nan
A ' EST:
'11, Mayor,
_zug
r i2- fm ,cA.
Sharon K. Bergmann, Eagle C4 Clerk
Page 3 of 3
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Eagle/Ada Sports Park
Exhibit A
A parcel of land located in Lot 1, Block 1, Hidden Hollow Subdivision, in
Sections 2 and 3, T. 4 N. R. 1 E., B.M., Ada County, Idaho more particularly
described as follows:
Commencing at the West Quarter Comer of said Section 2 and being the REAL
POINT OF BEGINNING:
Thence N. 89° 29' 29' W. 665.66 feet to a point on the easterly right of way of
Idaho State Highway No. 55;
Thence S. 18° 08' 50" E. 2111.37 feet along said easterly right of way,
Thence a distance of 806.27 feet along a curve to the right having a radius of
1945.94 feet, a central angle of 17° 51' 03*,and a long chord of S. 09° 11' 18' E.
603.82 feet to a point on the south boundary of said Section 2;
Thence S. 89° 11' 34' E. 1666.40 feet along said south boundary of said Section
2toapoint;
Thence N. 309 38` 23' W. 3046.16 feet to a point on the north boundary of the
I SW'/ of sa d Section 2;
Thence N. 89° 40' 28" W. 400.00 feet to the REAL POINT OF BEGINNING, said
parcel contrins 84.91 Acres.
Eagle/Ada Sports Park
Exhibit B
Agreement No. to qQ'
LEASE AGREEMENT BETWEEN ADA COUNTY AND THE CITY OF EAGLE FOR
ADA -EAGLE SPORTS COMPLEX
THIS LEASE AGREEMENT is entered into this da day of
2004, by and between Ada County, a political subdivision of the State of Idaho, (hereinafter
"County"), and the City of Eagle, a municipal corporation of the State of Idaho (hereinafter
"City").
WITNESSETH
WHEREAS, County owns certain real property located in Ada County, Idaho,
commonly known as Ada -Eagle Sports Complex, consisting of approximately eighty-five (85)
acres, more fully described in "Exhibit A" hereto attached (hereinafter "Property"); and
WHEREAS, a portion of the Ada -Eagle Sports Complex consisting of approximately
four (4) acres, known as the Eagle Skate Park, more fully describe in "Exhibit B" hereto attached
(hereinafter "Skate Park") has been developed; and
WHEREAS, City desires to lease the Property including Skate Park from County for
recreational purposes and for use as a public park; and
WHEREAS, County hereby agrees to lease the Property to City for a public park and
recreational purposes, according to the terms set forth herein;
NOW, THEREFORE, the parties hereto mutually agree as follows:
• TERMS OF LEASE AGREEMENT •
1. USE OF PROPERTY. The Property shall be used by City for the purpose of a public
park and recreational purposes and for no other purpose.
2. TERM. AND RENEWAL OF LEASE AGREEMENT. Pursuant to Idaho Code § 31-
836(4) County shall lease to City the entirety of the Property for a term of ninety-nine (99) years.
LEASE AGREEMENT BETWEEN ADA COUNTY AND THE CITY OF EAGLE FOR
ADA -EAGLE SPORTS COMPLEX — PAGE 1
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This Lease Agreement shall be effective upon the signature of both parties, and may be
terminated by either party upon six (6) months written notice. This Lease Agreement may be
renewed for additional terms upon written mutual agreement of the parties.
3. CONSIDERATION. The consideration for this Lease Agreement shall be the operation
and maintenance of the Property by the City for public park and recreational purposes, for the
benefit of the people the City of Eagle, Ada County, and the general public in accordance with
the terms and conditions set forth herein. This lease is contemplated by the parties as being
included within the terms of Idaho Code § 36-1604 (Recreational Limitations of Liability of
Land Owners).
4. UTILITIES AND INSURANCE. City agrees to pay all utilities, insurance, and fees
associated with the Property throughout the duration of this Lease Agreement, unless said Lease
Agreement is terminated by the parties pursuant to Paragraph I.1. above. This lease is subject to
the Idaho Power Easement of Record.
5. ANNEXATION TO CITY. The County agrees to allow the City to annex the Property
into the City, at the City's discretion.
6. MAINTENANCE. City agrees to maintain the Property throughout the duration of this
Lease Agreement. City shall be responsible for any repairs and costs incurred in maintaining the
Property. During the term of this Lease Agreement, City shall maintain the Property in a
condition that is reasonably safe for visitors to the Property. City shall be under a duty
throughout the duration of this Lease Agreement to reasonably inspect the Property for
dangerous conditions and/or hazards, hidden or otherwise; and to make reasonable efforts to
repair any discovered dangerous condition or hazard or immediately make such condition or
hazard obvious to persons who might encounter the same. Further, City shall clean up all litter
LEASE AGREEMENT BETWEEN ADA COUNTY AND THE CITY OF EAGLE FOR
ADA -EAGLE SPORTS COMPLEX — PAGE 2
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associated with use of the Property. Any damage to the Property by City or City's invitees shall
be the responsibility of City.
7. CONSTRUCTION OF IMPROVEMENTS. The City agrees that as funds are
appropriated to improve the Property, City shall work cooperatively with County regarding the
construction of the proposed improvements. County reserves the right to construct or make
improvements on the Property without the need for prior consent of City, but shall inform City of
such proposed improvements either ninety (90) days prior to construction or thirty (30) days
prior to advertisement for bid.
8. DEVELOPMENT PLAN. The development of the Property shall consist of developing
the facilities and services necessary to create public park and recreational facilities on the
Property. City may seek grant funds for the development of the Property, consistent with terms
of this Lease Agreement, and County shall cooperate with City and may co-sponsor, as
necessary, such grant applications sought by City.
9. SURRENDER UPON EXPIRATION OR TERMINATION. Unless otherwise agreed in
writing, upon expiration or termination of this Lease Agreement, City shall surrender possession
of the Property to County in the condition of the Property at such expiration date, including any
permanent improvements that may be made upon the Property by City. Any permanent fixtures,
alterations, additions, improvements, and appurtenances attached to or built on the Property prior
to or during the term of this Lease Agreement; whether by City at its expense or by County at its
expense, or both, shall revert to the ownership and control of County.
10. NOTICE. If under the terms of this Lease Agreement a written notice is required, it shall
be accomplished by certified mail, return receipt, postage prepaid, and addressed as follows:
LEASE AGREEMENT BETWEEN ADA COUNTY AND THE CITY OF EAGLE FOR
ADA -EAGLE SPORTS COMPLEX — PAGE 3
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Eagle City Clerk
P.O. Box 1520
Eagle, ID 83616
Ada County Board of Commissioners
200 W. Front Street, 3`d Floor
Boise, ID 83702
Notice as served by mail shall be deemed complete when deposited with the United States Postal
Service. Any change of address shall not be effective unless served upon the parties in the same
manner as notices referred to herein.
11. APPLICABLE LAWS AND REGULATIONS. City shall comply with all applicable
Federal, State, and local laws and regulations, including, but not limited to, those regarding
construction, health, safety, food service, water supply, sanitation, use of pesticides, and licenses
or permits to do business. City shall make and enforce such regulations as are necessary and
within its legal authority in exercising the privileges granted in this Lease Agreement, provided
that such regulations are not inconsistent with those issued by County.
City shall require that all water and sanitary system modifications made on the Property,
with County's prior approval, comply with all Federal, State, and local laws and regulations.
City shall also assure compliance with the Americans with Disabilities Act.
12. CONDITION OF PREMISES. City acknowledges that it has inspected the Property,
knows its condition, and understands that the same is leased without any representations or
warranties whatsoever and without obligation on the part of County to make any alterations,
repairs, or additions thereto, unless specifically mentioned elsewhere in this Lease Agreement.
13. TRANSFERS. ASSIGNMENTS. AND SUBLEASES. City shall neither transfer, sublet,
nor assign this Lease Agreement without the prior written approval of County. Written approval
shall not be unreasonably denied by the County. City shall honor the Agreement between Ada
LEASE AGREEMENT BETWEEN ADA COUNTY AND THE CITY OF EAGLE FOR
ADA -EAGLE SPORTS COMPLEX — PAGE 4
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County and the Treasure Valley Family YMCA ("YMCA") dated June _, 2004 to conduct a
children's skateboarding academy for the 2004 summer season on the Property. Future
agreements for use of the Property by the YMCA will be negotiated by the City and the YMCA.
14. FACILITIES. SERVICES AND FEES. City shall have the ability to enter into
concessionaire and short-term event -related agreements for the purpose of providing services for
the general public.
15. NONDISCRIMINATION. City shall not discriminate against any person or persons or
exclude them from participation in City's operations, programs, or activities conducted on the
Property due to race, color, religion, gender, age, handicap, or national origin.
16. HEALTH AND SAFETY. City shall maintain the Property in good order and in a clean,
sanitary, and safe condition and shall have the primary responsibility to ensure that any sub-
lessees and concessionaires operate and maintain the Property in such a manner.
County, upon discovery of any hazardous conditions on the Property that presents a threat
to health and or danger to life or property, will notify City in writing and shall require that the
affected part or all of the Property be closed to the public until such condition is corrected and
the danger to the public is eliminated. If the condition is not corrected by City within a
reasonable time, no less than 60 days, County shall have the option to correct the hazardous
conditions and collect the cost of repairs from City only after obtaining the City's prior written
approval, or immediately revoke this Lease Agreement. City, its concessionaires and sub -lessees
shall have no claim for damages against Ada County, or any officer, agent, or employee thereof,
on account of action taken pursuant to this section.
LEASE AGREEMENT BETWEEN ADA COUNTY AND THE CITY OF EAGLE FOR
ADA -EAGLE SPORTS COMPLEX — PAGE 5
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17. PUBLIC USE. No attempt shall be made by City to forbid the use of the Property by the
public, subject, however, to the authority to set hours, limit public access during special events,
and manage the Property to provide safety and security to the visiting public.
18. NATURAL RESOURCES AND ENVIRONMENTAL PROTECTION. City shall
conduct no mining operations, remove no sand, gravel, or kindred substances from the ground,
commit no waste of any kind, nor in any manner substantially change the contour or condition of
the Property, except as may be authorized by County. The City agrees not to dispose of toxic or
hazardous materials on the Property.
19. HISTORIC PRESERVATION. City shall not remove or disturb, or cause or permit to be
removed or disturbed, any historical, archeological, architectural or other cultural artifacts, relics,
remains, or objects of antiquity. In the event that such items are discovered on the Property, City
shall immediately notify County and protect the site and the material from further disturbance
until County gives clearance to proceed.
20. FINANCIAL OBLIGATIONS OF THE PARTIES. Nothing in this Lease Agreement
shall bind either party to a commitment of funds in excess of that lawfully appropriated by their
respective governing bodies.
II. GENERAL TERMS AND CONDITIONS
1. INDEMNIFICATION AND HOLD HARMLESS City agrees to indemnify, defend,
save and hold County, its employees, representatives, and agents harmless from and against any
and all claims, demands, suits, causes of action, or other proceedings arising from any and all
accidents and/or incidents that result in injury, death, damage or loss to any party or the personal
property of any party that occur on the Property during the term of this Lease Agreement, and
LEASE AGREEMENT BETWEEN ADA COUNTY AND THE CITY OF EAGLE FOR
ADA -EAGLE SPORTS COMPLEX — PAGE 6
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during any extensions or renewals hereof, which directly or indirectly arise out of any actions,
activities or omissions of or by City or any City invitee.
County agrees to indemnify, defend, save and hold City, its employees, representatives,
and agents harmless from and against any and all claims, demands, suits, causes of action, or
other proceedings arising from any and all accidents and/or incidents that result in injury, death,
damage or loss to any party or the personal property of any party that occur on the Property
during the term of this Lease Agreement, and during any extensions or renewals hereof, which
directly or indirectly arise out of any actions, activities or omissions of or by County.
2. LIABILITY INSURANCE. During the term of this Lease Agreement, City shall
maintain in full force and affect a policy of comprehensive general liability insurance covering
the Property and naming as insureds, City and County, in an amount not less than One Million
Dollars ($1,000,000) per occurrence. Said insurance shall provide liability protection for and
against all claims of injury and/or property damage occurring on the Property during the term of
this Lease Agreement, which directly or indirectly relate to the use of the Property by City.
Further, said liability insurance shall provide primary liability coverage over any other policy or
program of insurance maintained by County. City shall furnish proof of said insurance
protection to County, with a Certification of Insurance.
3. MODIFICATION. This Lease Agreement may be modified or amended only by a
writing duly executed by both parties.
4. SEVERABILITY. In the event any provision or section of this Lease Agreement
conflicts with applicable law, or is otherwise held to be unenforceable, the remaining provisions
shall nevertheless be enforceable and shall be carried into effect.
LEASE AGREEMENT BETWEEN ADA COUNTY AND THE CITY OF EAGLE FOR
ADA -EAGLE SPORTS COMPLEX — PAGE 7
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5. ASSIGNMENT. This Lease Agreement may not be assigned in whole or in part by either
of the parties hereto without the prior express written consent of the other party, and nothing
contained herein shall create any relationship, contractual or otherwise, with, or any rights in favor
of, any third party.
6. CHOICE OF LAW. This Lease Agreement and its performance shall be construed in
accordance with and governed by the laws of the State of Idaho, with venue for any action
brought pursuant to this Lease Agreement to be in the Fourth Judicial District, State of Idaho.
7. MERGER AND INTEGRATION. This writing embodies the whole agreement of the
parties. There are no promises, terms, conditions, or obligations other than those contained in
this Lease Agreement. All previous and contemporaneous communications, representations, or
agreements, either verbal or written, between the parties are superseded by this Lease
Agreement.
8. DEFAULT, NO11NICATION OF AND CURE. Any of the following shall constitute an
"Event of Default":
1. This Lease or the Property or any part of the Property are taken upon execution or
by other process of law directed against City, or are taken upon or are subject to any
attachment at the instance of any creditor or claimant against City, and the attachment is
not discharged or disposed of within thirty (30) days after its levy;
2. City or any guarantor of City files a petition in bankruptcy or insolvency or for
reorganization or arrangement under the bankruptcy laws of the United States or under
any insolvency act of any state, or admits the material allegations of any such petition by
answer or otherwise, or is dissolved or makes an assignment for the benefit of creditors;
LEASE AGREEMENT BETWEEN ADA COUNTY AND THE CITY OF EAGLE FOR
ADA -EAGLE SPORTS COMPLEX — PAGE 8
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3. City attempts to assign, pledge, mortgage, transfer or sublet City's interest under
this Lease without County's prior written consent, except as permitted herein; or
4. City breaches any other agreement, term, covenant or condition of this Lease and
such breach continues for a period of thirty (30) days after written notice from County to
City, or, if such breach cannot be cured reasonably within such thirty (30) day period and
City fails to commence and proceed diligently to cure such breach within a reasonable
time period.
5. If any one or more Events of Default occur, then County may, at County's option:
a. Notify City, in writing, that this Lease shall terminate as of the earliest
date permitted by law or on any later date specified in such notice, and City's
right to possession of the Property shall cease as of the date set forth in County's
notice of termination.
b. With or without terminating this Lease and only with written notice or
demand to City, re-enter and take possession of the Property using such
procedures as may, from time to time, be provided by law to expel City and those
claiming through or under City, and to remove the effects of either or both.
County's exercise of such right of re-entry shall not subject County to liability for
conversion or trespass and shall not affect County's right to recover any amounts
due as a result of any preceding breach of covenants or conditions.
c. In the event of re-entry by County as set forth in subparagraph b) above,
or should County take possession pursuant to legal proceedings or otherwise,
County may, from time to time, without terminating this Lease, re -let the Property
or any part of the Property in County's name.
LEASE AGREEMENT BETWEEN ADA COUNTY AND THE CITY OF EAGLE FOR
ADA -EAGLE SPORTS COMPLEX — PAGE 9
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d. With or without terminating this Lease and without demand or notice to
City, to cure any Event of Default and charge City for the cost of effecting such
cure, including, without limitation, attorneys' fees.
6. Any suit or suits for the recovery of the amounts and damages set forth above may
be brought by County, from time to time, at County's election, and nothing in this Lease
will be deemed to require County to await the date upon which this Lease or the Lease
Term would have expired had not Event of Default occurred. Each right and remedy
provided to County in this Lease is cumulative and is in addition to any other right or
remedy provided to County in this Lease or existing now or after the date of this Lease at
law or in equity or by statute or otherwise. All costs incurred by County in collecting any
amounts and damages owing by City pursuant to the provisions of this Lease or to
enforce any provision of this Lease, including reasonable attorneys' fees from the date
any such matter is turned over to an attorney, whether or not one or more actions are
commenced by County, will also be recoverable by County from City.
10. PERFORMANCE. The failure of a party hereto to insist upon strict performance or
observation of this Lease Agreement shall not be a waiver of any breach or of any terms or
conditions of this Lease Agreement by any other party.
LEASE AGREEMENT BETWEEN ADA COUNTY AND THE CITY OF EAGLE FOR
ADA -EAGLE SPORTS COMPLEX — PAGE 10
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0
IN WITNESS WHEREOF, the parties have hereunto executed this Agreement and made
it effective as herein above provided.
BOARD OF ADA COUNTY COMMISSIONERS
LESSOR
By:
By:
By:
2 n+_ avid Navarro, Ada ounty Clerk
ABSENT
Judy M. Peavey -Derr, Chairman
Fred Tilman, Commissioner
THE CITY OF EAGLE
LESSEE
By:
ATTEST:
Sharon K. Bergmann, Eagle ity Clerk
LEASE AGREEMENT BETWEEN ADA COUNTY AND THE CITY OF EAGLE FOR
ADA -EAGLE SPORTS COMPLEX — PAGE 11
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Eagle/Ada Sports Park
Exhibit C
1300
0
1300
2600 Feet
1
Located in the SW 1/4 of Secion 2, PIN, R1 E;
and, the SE 114 of Sedlon 3, T4N, ME.
--k
Area of City Impact Boundary
1 OMiles
1
i
'For The :People c f Iclafio
STATE TAX COMMISSION
RIX) Park Blvd._ Placa IV • Boise, ID • 83722
December 12, 2005
Sharon Moore
Eagle City Clerk
310 East State Street
Eagle, ID 83616
Subject: Ordinance No. 531 EAGLE (CITY)
Dear Ms. Moore:
SCANr-
RECEIVED & FILED
CITY OF EAGLE
DEL, 2 0 2005
Filer
Route tr.
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:
Wdl
1 Identification:
Address: L'• •5.4 -if S4- Run Dates:
Attention:
' D (o 16 Number Lines
SCANNED
CITY �� EAGLE LE
NOV 1 2005
File:
Route to:
5-)N. - ha>,.ue. 531
��-H o
Ordinance No. 531
AN ORDINANCE ANNEXING CERTAIN REAL PROPERTY SITUATED
INT HE 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
areas of Ada County and particularly described in Exhibit "A" of this ordinance has
granted, in and by contract "Exhibit B," the 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 granted the City of
Eagle, by contract "Exhibit B," a rezone from RR to PS; and
WHEREAS, the Planning and Zoning Commission of the City, pursuant to
public notice as required by law, held a public hearing on August 24th, 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 October 1 1th, 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 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, are contiguous to the City, that said property can be reasonably
assumbed to be used for the orderly development of the City, and that the owner of
said properties 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 shown on
Exhibit "C," available with Exhibit "B" for review at Eagle City Hall, 310 E. State
Street, during regular business hours, is hereby annexed to the incorporated territo-
rial imits 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" and incorporated by reference, is hereby removed from the RR (Rural
Residential) District classification and is hereby included in the PS (Public/Sem-
Public) District Classification, 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 de-
scribed in Exhibit "A" in the PS 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
1.
Y 2 Amount I LI ,
sn, being duly sworn, deposes
'at he is the Principal Clerk of
eekly newspaper published at
{, State of Idaho; that the said
general circulation in the said
end in the vicinity of Meridian,
and has been uninterruptedly
{aid County during a period of
cutive weeks prior to the first
a copy of which is attached
st the notice was published in
iformity with Section 60-108,
amended, for 1 time(s)
'ntire issue of said paper, and
wspaper proper, and not in a
iat said notice was published
on the following dates:
alis 1%Qao, 124, ) 9 ZC70
n
7
4JJ.'
77,„6-m. < .
STATE OF IDAHO )
)SS
COUNTY OF ADA )
,6°-% • in the year of 2005
Public, personally appeared
stifled to me to be the person
bed to the within instrument,
4uly sworn, declared that the
lid acknowledged to me that
he executed the same.
Notary Public for Idaho
Resi
expires:
1\-NED
RECEIVED &
CITY OF EAGLEFILED
OCT 2 7 2005
FiIP
Route to.
AAina,.LLQ IV 6 , 5131
\') Amount 1 LI 5 ,10
Thomason, being duly sworn, deposes
id says: That he is the Principal Clerk of
Times, a weekly newspaper published at
da County, State of Idaho; that the said
aper is in general circulation in the said
ty of Ada, and in the vicinity of Meridian,
nd Eagle, and has been uninterruptedly
Iished in said County during a period of
ight consecutive weeks prior to the first
this notice, a copy of which is attached
to, and that the notice was published in
•nes, in conformity with Section 60-108,
Code, as amended, for 1 time(s)
ular and entire issue of said paper, and
d in the newspaper proper, and not in a
lent; and that said notice was published
f
ening L,/ `j pn the foljowing2 0�tedas:
di
STATE OF IDAHO )
)SS
. COUNTY OF ADA )
day of U[':! • in the year of 2005
e, a Notary Public, personally appeared
)wn or identified to me to be the person
is subsc 'bed to the within instrument,
3y me fir my sworn, declared that the
are tru d knowledged to me that
! executed the same.
Valley Times
P.O. Box 1790
Eagle, Idaho 83616
LEGAL ADVERTISING PROOF OF PUBLICATION
Account: C 4 £",L
Address: 10 £ . - Run Dates:
V141fn
Identification:
Number Lines
October 24, 2005
ORDINANCE NO. 531
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; ESTABLISHING THE ZONING CLASSIFICATION OF SAID
REAL PROPERTY DESCRIBED HEREIN; AMENDING THE ZONING MAP OF
THE CITY OF EAGLE TO REFLECT SAID CHANGES; DIRECTING THE COP-
IES OF THIS ORDINANCE BE FILED AS PROVIDED BY LAW; AND PROVID-
ING 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 ordnance has
granted, in/by contract "Exhibit B", the 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 granted to the City
of Eagle, by contract "Exhibit B", a rezone from RR to PS; and
WHEREAS, the Planning and Zoning Commission of the City, pursuant to
public notice as required by law, held a public hearing on August 24th, 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 October 1lth, 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 COUN-
CIL 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 reason-
ably assumed to be used for the orderly development of the City, and that the
owners 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 "C", available at Eagle City Hall, 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" and attached hereto and incorporated by reference, is hereby removed
from the RR (Rural Residential) District classification and is hereby included in the
PS (PublioSemi-Public) District classification, all pursuant to the Zoning Ordi-
nance 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 PS zoning district.
Notary Public for Idaho
Resi t Boy'�ee��,, I D
commission expires: 7/ //