Ordinance - 2005 - 510 - Annex/Zone Lakemoor Subd - 09/13/2005ADA COUNTY RECORDER J. r"'U NAVARRO AMOUNT .00 11
BOISE IDAHO 11/03/05 02:12
DEPUTY Pti RECORDED-at
ECO DED- REQUEST OF 111 I11I11IIII����I11I��I1I11III 111 111
Eagle City 105 166646
ORDINANCE NO. 510
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 OF THE
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 and shown in Exhibit "A" of this ordinance has requested, in writing,
annexation and rezoning from RUT to MU -DA 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 and shown in Exhibit "B" of this ordinance has requested, in writing, a rezone from R-
2 to MU -DA; and
WHEREAS, the owners of the real property situated within the City of Eagle and particularly
described and shown in Exhibit "C" of this ordinance has requested, in writing, a rezone from R-
1 to MU -DA; and
WHEREAS, the Planning and Zoning Commission of the City, pursuant to public notice as
required by law, held a public hearing on November 18, 2002, as required by Section 67-6525,
Idaho Code, and on December 16, 2002, recommended to the Mayor and Council that the
annexation and zoning request of BW Eagle, Inc. be approved; and
WHEREAS, the Eagle City Council, pursuant to public notice as required by law, held a public
hearing on July 22, 2003, on the proposed annexation and zoning for the real property described
in Exhibit "A" and the rezoning for the real property described in Exhibit "B" and Exhibit "C",
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 MU -DA for the properties
described Exhibits "A, B, & C" is appropriate to meet the requirements of Idaho Code, Eagle
Page 1 of 3
K\COUNCIL\Draft Ordiuwnces\Ord 510 Lakemoor annexation and rezone.doc
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 and shown 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 and shown in Exhibit "A", attached hereto and incorporated herein by
reference, 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 and shown in Exhibits "A, B, & C", attached hereto and
incorporated by reference, now situated in the City of Eagle, Ada County, Idaho, are hereby
removed from the RUT (Rural Urban Transitional) District classification, the R-2 (Residential)
District classification, and the R-1 (Residential) District classification and are hereby included in
the MU -DA (Mixed Use with development agreement) District classification 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 and
shown in Exhibits "A, B, &C" in the MU -DA 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:\COUNCIUDraft Ordinances\Ord 510 Lakennor annexation and rezone.doc
DATED this 13th day of September, 2005.
CITY COUNCIL OF THE CITY OF EAGLE
County, Idahoo
(/
Nary C. l rrill, May
Al EST:
Sharon K. Bergmann, Eagle/City Clerk
STATE OF IDAHO )
ss.
%.„t
FZ •
c
SEALr' eorP Wo
A 1t►
County of Ada ) ''�` /
On this '% day of 0-04Pv— , in the yea O05 , before me, the undersigned, a
Notary Public in nd for said State, personally appeared . . r . and
C314k ? 4!, known to me to be the MAY I R and CITY CLERK of said
municipal corporate 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 written.
, Notary Public
Residing at:
My Commission Expires:
Page 3 of 3
K\COUNC1L\Draft Onln ances\Ord 510 Laken, or annexation and rezone.doc
CIathom Waite Consulting, LLC
3550 E Commercial Court
Meridian, Idaho 84642
(208)794-6622
Fax 8848002
-r , A,
B.W., Inc. ANNEXATION PARCEL
01 -1E -Ki -if 4-6 MJ --DA
A PARCEL OF LAND LYING WITHIN PORTIONS OF THE NORTHWEST 1/4, THE
SOUTHWEST 1/4 AND THE SOUTHEAST 'A OF SECTION 21, TOWNSHIP 4
NORTH, RANGE 1 EAST, B.M., ADA COUNTY, IDAHO, MORE PARTICULARLY
DESCRIBED AS FOLLOWS:
COMMENCING AT THE NORTHWEST CORNER OF SAID SECTION 21;
THENCE S 01°11' 40" W, ALONG THE WEST BOUNDARY OF SAID SECTION, A
DISTANCE OF 2626.02 FEET TO THE WEST 'A CORNER OF SAID SECTION, THE
REAL POINT OF BEGINNING;
THENCE N 01°114V E, ALONG SAID WEST BOUNDARY LINE, A DISTANCE OF
944.75 FEET;
THENCE LEAVING SAID WEST BOUNDARY LINE N 89°56'09"E, A DISTANCE
OF 339.67 FEET (FORMERLY DESCRIBED AS S 89°57'00" W);
THENCE N 04°54'52" E, A DISTANCE OF 174.27 FEET (FORMERLY DESCRIBED
AS S 04°53'20" W, 174.30');
THENCE S 70°59'34" E, A DISTANCE OF 256.40 FEET (FORMERLY DESCRIBED
AS N 70°59'50" W, 256.50');
THENCE S 66°52'17" E, A DISTANCE OF 91.84 FEET (FORMERLY DESCRIBED
AS N 66°50'10" W, 91.80');
THENCE S 60°39'36" E, A DISTANCE OF 305.27 FEET (FORMERLY DESCRIBED
AS N 60°40'00" W, 305.20');
THENCE S 66°44'35" E, A DISTANCE OF 229.62 FEET (FORMERLY DESCRIBED
AS N 66°43'10" W, 229.50');
THENCE S 77°24'34"E, A DISTANCE OF 85.90 FEET (FORMERLY DESCRIBED
AS N 77°25'20" W, 85.80');
Page 1 of 3
THENCE N 70°13'27" E, A DISTANCE OF 79.52 FEET (FORMERLY DESCRIBED
AS S 70°18'30" W, 79.70');
THENCE N 37°20'17" E, A DISTANCE OF 427.10 FEET (FORMERLY DESCRIBED
AS S 37°18'30" W);
THENCE S 83°21'33" E, A DISTANCE OF 70.76 FEET (FORMERLY DESCRIBED
AS N 83°21'50" W, 70.80');
THENCE S 58°33'39" E, A DISTANCE OF 336.00 FEET (FORMERLY DESCRIBED
AS N 58°31'10" W);
THENCE S 64°34'35" E, A DISTANCE OF 189.65 FEET (FORMERLY DESCRIBED
AS N 64°36'20" W, 189.50');
THENCE S 70°58'11" E, A DISTANCE OF 169.70 FEET (FORMERLY DESCRIBED
AS N 71°00'30" W);
THENCE S 82°27'06" E, A DISTANCE OF 122.18 FEET (FORMERLY DESCRIBED
AS N 82°22'10" W, 122.40');
THENCE N 80°12'03" E, A DISTANCE OF 132.57 FEET (FORMERLY DESCRIBED
AS S 80°03'50" W, 132.50');
THENCE S 84°40'47" E, A DISTANCE OF 24.66 FEET;
THENCE S 19°58'21" W, A DISTANCE OF 862.67 FEET TO THE SOUTH
BOUNDARY OF THE NORTHWEST'/ OF SAID SECTION 21;
THENCE S 89°29' 15" E, ALONG THE SOUTH BOUNDARY OF THE NORTHWEST
' OF SAID SECTION 21 (FORMERLY DESCRIBED AS S 89°29'20" E) A
DISTANCE OF 402.94 FEET TO THE CENTER % CORNER OF SAID SECTION 21;
THENCE S 89°28'50" E ALONG THE NORTH BOUNDARY OF THE SOUTHEAST
'/ OF SAID SECTION 21, A DISTANCE OF 151.99 FEET;
THENCE S 00°03'31" E, DISTANCE OF 1164.07 FEET;
THENCE S 37°10'42"E, A DISTANCE OF 955.90 FEET;
THENCE S 22°04'38" E, A DISTANCE OF 466.57 FEET;
THENCE N 73°04'22" W, A DISTANCE OF 65.15 FEET (FORMERLY DESCRIBED
AS N 73°04'08"W);
Page 2 of 3
THENCE N 80°34'50" W, A DISTANCE OF 307.24 FEET (FORMERLY DESCRIBED
AS N 80°34'36"W);
THENCE N 40°01'58" W, A DISTANCE OF 1748.42 FEET (FORMERLY
DESCRIBED AS N 40°01'44"W);
THENCE N 01°06'06" E, A DISTANCE OF 956.69 FEET TO THE NORTH
BOUNDARY OF THE SOUTHWEST '/4 OF SAID SECTION 21 (FORMERLY
DESCRIBED AS N01°06'19"E);
THENCE N 89°29'15" W, ALONG SAID NORTH BOUNDARY, A DISTANCE OF
2103.81 FEET TO THE WEST 'A CORNER OF SAID SECTION 29, THE REAL
POINT OF BEGINNING. CONTAINING 83.52 ACRES OF LAND MORE OR LESS.
PREPARED BY:
CLAIBORN ♦ WAITE CONSULTING, LLC
TODD R. WAITE, P.L.S.
Page 3 of 3
17 6 57039'34'E
258.40'
888'52'17'E
91.84'
58039138.E
I N89'58'09'E 305.27'
339.87'
N04'54'52'E S68'44'35" E
174.27' 229.82'
m
S7724'34'E
85.90'
r �
lifPOINT OF BEGINNING
N.
JL
rir
N8929'15'W
2103.81'
88311133'E
70.76' S5813'391
338.00' N80121031
C 132.57
O
S8227'081
+4194,0.
► K�' • 58434'35'E122.18' 884'40'47'E
189.85' 24.88'
S70'58'11'E
N70'13'27'E 169.70'
79.52'
500 -b 1000
SCALE: 1"=e000'
RPORATED HEREIN
CAD FILE: 11 88_REZONE 948tf9
US
AS AN INSTRUMENT OF PROFESSIONAL SERVICE IS THE PROPERTY OF PROJ. f. MUMS]
S]
JU4 ENGINEERS, Me AND 18 NOT TO BE USED, NWHOLE OR PART. PLOTSCALE
FOR ANY OTHER PROJECT WITHOUT THE EIPRE88 WRITTEN
AUTHORIZATION OF JL43 ENGINEERS,Ine. DRAWING NO.:
`DESIGNBY: EL
A
47./
8/
Oi L29i5E
402.94'
589281501E
151.99'
N8034'50'W-'
307.24'
N73'04'22'W
65.15'
LAKEMOOR SUBDIVISION
ANNEXATION REZONE
RUT TO MUDA
EXHIBIT 'A'
SHEET
OF
Sep -08-2005 12:10pm From -
T -300 P 001/001 F-555
Project: 11933
Date: September 8, 2005
C-XI-E18tr
PARCEL DESCRIPTION FOR
LAKEMOOR REZONE K-2 -f-0 HJ ' ?A -
That portion of the Southwest A, and the West 1 of the Southeast A of Section 21, Township 4 North, Range
1 East, Boise Meridian, Ada County, Idaho, and more particularly described as follows:
Commencing at the West A corner of Section 21, being the POINT OF BEGINNING;
thence along the Northerly boundary of the Southwest'/, of Section 21, South 89'2915" East, 2,103.81 feet;
thence South 01'06'06" West, 956.69 feet;
thence South 40'0158" East, 1,748.31 feet;
thence North 86'43'57" West, 228.21 feet;
thence North 86'4421" West, 145.81 feet;
thence North 72'03'01" West, 132.25 feet;
thence North 60'41'56" West, 400.51 feet;
thence South 00'43'58" West. 7.18 feet;
thence North 67°151r West, 460.25 feet;
thence South 01.072r West, 70.95 feet;
thence North 78'25'11' West, 304.64 feet;
thence North 01'53'18" East, 84.71 feet;
thence North 71.'43'30" West, 255.27 feet;
thence North 78'1034" West, 253.79 feet;
thence South 81'59'26" West, 252.17 feet;
thence South 89'06'54" West, 383.43 feet;
thence North 01'0921" East, 92.64 feet;
thence North 76'50'18" West, 548.16 feet to a point on the Westerly boundary of the Southwest of
Section 21;
thence along said boundary North 00'36'35" Eas
Containing 96.466 acres, more or less.
END OF DESCRIPTION
Prepared by:
.1 -II -6 ENGINEERS, Int.
Ronald M. Hodge, P.L.S.
1 92 feet to the POINT OF BEGINNING.
RMH/TLK: the 9.
UBoisefiles\PublickProjecW►anagerAGAu11933 - Lakemoof11''1�+�L m\DescriptionA11933-REZONE.doc
icW 1/4 SEC. 21
POINT OF BEGINNING
S89'29'151
2103.81'
g m�
W. �I
;
N)g'S0 lrw
N01'09'21'E
92.64'
N7810'54'W
S8V59'28.w 253.79'
'15217 N71 43'30'W
suave b4 W 255.27'
383.4.3' Nt25.11'
N8'E 304.84'
84.71'
N.
JL
5b - SCALE: 1 "=500'
T000
_Ol ORAWOMO3 CAD FILE IID83_REZONE QpORS�
THIS DOCUMENT, AND THE DEAR AND OF_NONS INCORPORATED HEREN,
AS AN INSTRUMENT IncND I8 SSICOIAL NOTTOBE USED, IN WHOLE
OR PART,
PROL p1.0Ts M YS9 ��.��
FOR NNOD1EDO,e ANDISNOTTOBE USED,NV EOR PNTT, pLp7 SCALE:
FOR ANY OTHER PROJECT WITHOUT THE EXPRESS WRITTEN
AUTHORIZATLON OF J. 41 ENGI NEER& be DRAWING N0. :
I. I _ I . __ ;FaaNer: RAWNDY. EL
ylDyLws .ywyen. Planners
S01'0717'W
70.95'
q ?tip
S00'43'58'W
7.18'
4,80
N72'03'01'W L N86'43'57'W
13225'
228.21'
N86'44'21'W
145.81'
EXHIBIT 'B'
Rezone from R-2 to MU -DA
SHEET
OF
2crs Surveyors Planners
Project: 11526
Date: December 8, 1998
Revised: December 24, 1998
ee bid
-fp
i l
PARCEL DESCRIPTION
DESCRIPTION
A parcel of land located in the Southeast'''/ of the Southwest 'A and the Southwest'''/ of the Southeast
''A of Section 21, T.4N., R.1E. B.M., Ada County, Idaho and more particularly described as follows;
Commencing at a Brass Cap marking the South 14 comer of Section 21, T.4N., R.1E., B.M., Ada County,
Idaho; thence North 89°32'00" West along the section line of said Section 21, 264.00 feet to a point;
thence leaving said section line North 00°15'59" East 40.00 feet to a point on the Northerly Right -of -
Way of Highway 20-26, as shown on Plans of Federal -Aid Project No. F-3021(5) on file with the Idaho
Transportation Department said point being THE REAL POINT OF BEGINNING;
thence leaving said Right -of -Way North 00'15'59" East, 587.11 feet to a point on the South Boundary
of the Old Valley Road;
thence along said southerly boundary the following courses and distances;
South 61°06'30" East, 400.60 feet to a point;
thence South 72°26'30" East, 132.30 feet to a point;
thence South 87°08'00" East, 146.04 feet;
thence leaving said Southerly boundary South 00°04'33" East, 84.42 feet to a point;
thence North 89°23'59" West, 199.27 feet to a point;
thence South 86°54'42" West ,201.30 feet to a point;
thence North 89°51'34" West ,90.00 feet to a point;
thence South 00°04'38" West, 254.15 feet to a point on the Northerly Right -of -Way of said Highway
20.26;
thence along said Right -of -Way 1.34.95 feet along the arc of a curve to the Right, said curve having a
central angle of 00°13'29", a radius of 34,417.48 feet, and along chord which bears North 89°40'24" West,
134.95 feet to THE REAL POINT OF BEGINNING:
Said parcel contains 3.30 acres more or less.
End of description.
Prepared by:
J -U -B ENGINEERS, Inc.
LHK:ckc Lawrence H. Koerner, P.L.S.
f:\projects\11526\admin\legal description.doc
1
1
3
174
sg
N89.51 134.W
90.fes'
S88'54'421'W
201.30'
se7'oe'oot
.%***•••....m_ 46.°41
N89'23'591W
199.27'
W POINT OF BEGINNING I �\
rg
e
z
N89 32'00'W
284.00'
S 1 4 SEC. 21
SCALE: 1 "=1100'
CURVE TABLE
CURVE LENGTH s534,D417.48ITA6 G 9NTI DELTA 013'29" CHORD
ss•4o'24"wBEARING CHORD
CAD FILE: 11933 REZONE OHIBIT9�
(J.0
AS AN NSTRUNENT OF PROFESSIONAL SERVICE, ISTHE PRBPERTY OF PROAn CAW IND
JAM ENOWEERD, Inc AND IS NOT TO BE USED, N WHOLE OR PART, PLOT SCN.E:
FOR ANY OTHER PROJECT WITHOUT THE EXPRESS WRITTEN
AUTNORIZATCN OF JL. ENGINEERS, Ina DRAWING NO.:
Nemo°- .sNvaler9 • Plan..
LAKEMOOR SUBDIVISION
REZONE
R-1 TO MU -DA
EXHIBIT
SHEET
OF
'For Vie (People of Idaho
STATE TAX COMMISSION
800 Park Blvd., Plaza IV • Boise, ID • 83722
December 12, 2005
Sharon Moore
Eagle City Clerk
310 East State Street
Eagle, ID 83616
Subject: Ordinance No. 510 EAGLE (CITY)
Dear Ms. Moore:
SCANNED
RECEIVED & 'FILED --
CITY OF EAGLE
DEC 2 0 200
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,
,417C76•4A14-,-.2gr"
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: C d L') cr,A .--
Address: JJ 0
Attention:
Identification:
� 1 D S + c0- S+ Run Dates:
[a+1 TO
November 14, 2005
November 14, 2005
RECEIVED & FILED
CITY OF EAGLE
NOV 18 2005
File•
J1 cLv1otl cc
Number Lines `130 Amount 31.1
Other
Ordinance No. 510 aiil]uo
• Q�tZ
AN ORDINANCE ANNEXING CERTAIN REAL PROPERTY
INT HE UNINCORPORATED AREA OF ADA COUNTY, IDAW , et-
TIGUOUS TO THE CORPORATE_LIMITS OF THE CITY OF EAGL: , - G THE
CITY OF EAGLE, IDAHO; ESTABLISHING THE ZONING CLASSIFk 'TION
OF SAID REAL PROPERTY DESCRIBED HEREIN; AMENDING THE ZONING
MAP OF THE CITY OF GLE TO REFLECT SAID CHANGES; DIRECTING
THAT COPIES OF THIS INANCE BE FILED AS PROVIDED BY LAW; AND
PROVIDING AN EFFE DATE. organized and
WHEREAS, the City f Eagle, Idaho is a municipal corporation
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
requested, in writing, annexation and rezoning from RUT to MU -DA of said real
property to the City of Eagle; and situated the City of Eagle
WHEREAS, the owner of the real property
and particularly described in Exhibit "B" of this ordinance has requested, in writing,
a rezone from R-2 to MU -DA; and the City of Eagle
WHEREAS, the owners of the real property situated within
and particularly described and shown in Exhibit "C" of this ordinance have re-
quested, in writing, a rezone from R-1 to MU -DA; and
WHEREAS, the Planning and Zoning Commission of the City, pursuant to
public notice as required by law, held a public hearing on November 18th, 2002, as
reauir l by Section 67-6525, Idaho Code, and on December 16th, 2002, om-,
Thence N. 70'iiegreeS
rink Thomason, being duly sworn, deposes
I says: That he is the Principal Clerk of
mes, a weekly newspaper published at
is County, State of Idaho; that the said
per is in general circulation in the said
A palof Ada, and in the vicinity of Meridian,
Southwestd Eagle, and has been uninterruptedly
Idaho and shed in said County during a period of
comght consecutive weeks prior to the first
4N., l nis notice, a copy of which is attached
and that the notice was published in
21, 2. imes, in conformity with Section 60-108,
point on Dode, as amended, for 1 time(s)
Federal-A3r and entire issue of said paper, and
meat, sain the newspaper proper, and not in a
The1it; and that said notice was published
a point
O1er on the following dates:
d
Y. -
ed
)ed
Sold g
The'
Thef
The
feet to a
The
Then /r 771A/04 -41')-W+
YLv(vm I `4 , Zoos'
The
right -o{• STATE OF IDAHO )
Tht )SS
bed right, sal COUNTY OF ADA )
mis i' • 1 day of 1 A v in the year of 2005
before me, a Notary Public, personally appeared
Frank Thomason, known or identified to me to be the person
hose name is subscribed to the within instrument,
nd being by me dul swom, declared that the
staterein e t : n ;f'acknowledged to me that
he executed the same.
u.
Notary Public for Idaho
Resid9� p/ ID
My Commission expires:
Account #
116026
Attention.
DTI#
1367445
NICHOEL BAIRD-SPENCER
CITY OF EAGLE
310 E STATE ST.
EAGLE, ID 83616
The Idaho
Statesman
RECEIVED & FILED
CITY OF EAGLE
OCT 1 8 2005
P.O. Box 40, Boise, Idaho 83707-0040 Filp.
LEGAL ADVERTISING PROOF OF PUBLIC4TIONto:
Jdentification
p.o. #
RunDatea
,',��faf fa14,,ll
�•••�c, •••••• jNr%,,*.
° sea, _ Notary Public for Idaho Il
L J, •, 11 L tCi ,• *•
• Residing at: Boise, Idaho �7 —(J /
,,,,No 0 ••••• My Commission expires:
4.
ORDIANCE 510
EIL$615.47
OCTOBER 14, 2005
Number of Lines
4 X 171
Affidavit
1 237381
JANICE HILDRETH, being duly swom, deposes and says: That
she is the Principal Clerk of The Idaho Statesman, a daily
newspaper printed and published at Boise, Ada County, State
of Idaho, and having a general circulation therein, and which
said newspaper has been continuously and uninterruptedly
published in said County during a period of twelve consecutive
months prior to the first publication of the notice, a copy of
which is attached hereto: that said notice was published in
The Idaho Statesman, in conformity with Section 60-108,
Idaho Code, as amended, for:
ONE
consecutive weekly X single
!consecutive daily 1 odd skip
insertion(s)
beginning issue of: OCTOBER 14 , 2005
ending issue of: OCTOBER 14 , 2005
STATE OF IDAHO
.SS
COUNTY OF ADA )
On this 14 day of OCTOBER in the year of 2005
before me, a Notary Public, personally appeared before me
Janice Hildreth known or identified to me to be the person
whose name subscribed to the within instrument, and being
by me first duly swom, declared that the statements therein
are true, and acknowledged to me that she executed the same.
116
Place your ad, 208-377-6333 or IdahoClassified.com Friday, October 14, 2005 2
080 - Legals
LEGAL NOTICE
ORDINANCE NO. 510
OF
EEAAL, ORDINANCEOO TCRY EAGLE IDAH0 ESSTTABLIISHIENG THESZONING 0 NGICL SSIFICATIION OFR SAID RAREA EEALL PROPERTY COF THE REAAL PROPERTY CONTIGUOUS
OHEREIIN AMENDING TS HE 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 and shown in Exhibit "A" of this ordinance has requested, in
writing, annexation and rezoning from RUT to MU -DA 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 and shown in exhibit "B" of this ordinance has requested, in writing, a rezone from
R2 to MU -DA; and
WHEREAS, the owners of the real property situated within the City of Eagle and particularly described and shown in Exhibit "C" of this ordinance has requested, in writing, a rezone from
R1 to MU -DA, and
WHEREAS, the Planning and Zoning Commission of the City,pursuant to public notice as required by law, held a public hearing on November 18, 2002, as, required by Section 67.6525,
Idaho Code and on December 16, 2002, recommended to thMayor and Council that the annexation and zoning request of BW Eagle, Inc. be approved; and
WHEREAS, the Eagle City Council, pursuant to public notice as requiredb law, held a public hearing on July 22, 2003, on the pro sed annexation and zoning for the real property
described in Exhibit "A" andthe rezoning for the real property described in Exhibit '8" and Exhibit "C", as required by Section 67-6525, Id ho Code, made findings and determined that the
requested annexation should be granted and that a zoning classification of MU-DAMUfor the properties described Exhibits "A, B, & C" is appropriate to meet the requirements of Idaho Code,
Eagle
Ciry 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:
Sectin 1: The Eagle City Council hereby finds and declares that the real property particularly described and shown 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 forPthe orderly development of the City, and that the ner 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 and shown in Exhibit "A", attached hereto and incorporated
herein by reference, 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 and shown in Exhibits 'A, B & C", attached hereto and incorporated h reference, now situated in the City of Eagle, Ada County, Idaho, -are
herebyremoved from the RUT (Rural Urban Transitional) District classification, the R-2 (Residential) District classification, and the R-1 (Residential) District classification and are hereby
includd in the MU -DA (Mixed Use with development agreement) District classification 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 and shown in Exhibits "A B, & C" in the MIJ•DA 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 caoympliaeenppce with Section 50-901A, Idaho Code, may be published.
DATED
COUNCIL OF THEfCITYtOF EAGLES
Ada County, Idaho
Nancy C. Merrill, Mayor
ATTEST: Sharon K. Bergmann, Eagle City Clerk
STATE OF IDAHO
.ss
County of Ada
On this 7th day of October in the year 2005, before me, the undersigned, a Notary Public in and for said State, personally appeared Nancy C. Merrill and Sharon K. Bergmann, 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 tome 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 written.
Tracey E. Osbom, Notary Public
Residing at: Kuria Idaho
My Commission Expires: 12/23/08
EXHIBIT "A"
B.W. Inc. ANNEXATION PARCEL
REZONE PARCEL RUT to MU -DA
A PARCEL OF LAND LYING WITHIN PORTIONS OF THE NORTHWEST 1/4, THE SOUTHWEST 1/4 AND THE SOUTHEAST 1/4 OF SECTION 21, TOWNSHIP 4 NORTH, RANGE 1 EAST, B.M.,
ADA COUNTY IDAHO MORE PARTICULARLY DESCRIBED AS FOLLOWS:
TEE COMMENCING l AT 40' W, ALONG THE WEST BOUNDD ARY OF SAION D SECTION, A DISTANCE OF 2626.02 FEET TO THE WEST 1/4 CORNER OF SAID SECTION, THE REAL POINT OF
BEGINNING•
THENCE I l 01°11'40' E ALONG SAID WEST BOUNDARY LINE A DISTANCE OF 944.75 FEET
THENCE LEAVING SAID WEST BOUNDARY LINE N 89°56'09' A DISTANCE OF 339.67 FEET (FORMERLY DESCRIBED AS S 89°57'00' y);
THENCE N 04°54'52' E, A D STANCE OF 174.27 FEET (FORMERLY DESCRIBED AS S 04°53'20' W, 174.30');
THENCE S 70°59i34' E, A DISTANCE OF 256.40 FEET (FORMERLY DESCRIBED AS N 70°59'50' W 256.50'),
THENCE S 66°52'17' E,.A D STANCE OF 91.84 FEET (FORMERLY DESCRIBED AS N 66°50'10' W 91.80');
THENCE S 60°39'36' E, A D STANCE OF 305.27 FEET (FORMERLY DESCRIBED AS N 60°40'00' W, 305.20');
THENCE S 66°44'35' E, A D STANCE OF 229.62 FEET (FORMERLY DESCRIBED AS N 66°43'10' W 229.501;
THENCE S 77°24'34'E A DISTANCE OF 85.90 FEET (FORMERLY DESCRIBED AS N 77°25'20' W, 85.80')•
THENCE N 377°20'17' E, A D STANCE OF 79.52
27 10 FEET (FORMERLYDDESCRIBED ASS70°18'30'
37 18 30'1)79.70'5;
THENCE S 83°21'33' E, A D STANCE OF 70.76 FEET (FORMERLY DESCRIBED AS N 83°21'50' W 70.80);
THENCE S 58°33'39' E, A D STANCE OF 336.00 FEET FORMERLY DESCRIBED AS N 58°31'10' 1)J); •
THENCE S 64°34'35' E, A D STANCE OF 189.65 FEET FORMERLYDESCRIBED AS N 64°36'20' W, 189.50');
THENCE S 70°58'11' E, A D STANCE OF 169.70 FEET FORMERLY DESCRIBED AS N 71°00'30' W);
THENCE S 82°27'06' E, A DISTANCE OF 122.18 FEET FORMERLY DESCRIBED AS N 82°22'10' W, 122.40');
THENCE N 80°12'03' E, A DISTANCE OF 132.57 FEET FORMERLY DESCRIBED AS S 80°03'50' W, 132.50');
THENCE S 19°58'21' Y7' J A DISTANCE OOF 862 624.66 7 FEET;
TO THE SOUTH BOUNDARY OF THE NORTHWEST 1/4 OF SAID SECTION 21;
THENCE S 89°29' 15" E, ALONG THE SOUTH BOUNDARY OF THE NORTHWEST 1/4 OF SAID SECTION' 21 (FORMERLY DESCRIBED AS S 89'29'20' E) A DISTANCE OF 402.94 FEET TO
THE CENTER 1/4 CORNER OF SAID SECTION 21•
THENCE S 89°28'50' E ALONG THE NORTH BOUNDARY OF THE SOUTHEAST 1/4 OF SAID SECTION 21, A DISTANCE OF 151.99 FEET;
THENCE S 00°03'31' E, DISTANCE OF 1164.07 FEET;
THENCE S 37°10'42'E A DISTANCE OF 955.90 FEET;
THENCE S 22°04'38' E, A DISTANCE OF 466.57 FEET;
THENCE N 73004'22' W, A DISTANCE OF 65.15 FEET (0E-E.Y. DESC-BED AS N 73804'0X"
THENCE N 80°34'50' W, A DISTANCE OF 307.24 FEET (FORMERLY DESCRIBED AS N 80834'36'W)•
THENCE N 40°01 '58' W, A DISTANCE OF 1748.42 FEET (FORMERLY DESCRIBED AS N 40'01'44'1)1)•
•
THENCE N 01°06'06'
9 29 5 E, DISTANCE
LL ONG SAID NORTH BOUNDARY A DIS ANCE BOUNDARY
THESOUTHWEST
TO E WESTT 1/4 CORNER OFISAID SECTIONE29RTBHE REALOPOINT OF BEGINNING.
CONTAINING 83.52 ACRES OF LAND MORE OR LESS.
PREPARED BY: CLAIBORN WAITE CONSULTING, LLC (Site Maps are available for review at City Hall)
EXHIBIT "B"
PARCEL DESCRIPTION FOR
LAKEMOOR REZONE R-2 to MU -DA
That portion of the Southwest 1/4, and the West 1/2 of the Southeast 1/4 of Section 21, Township 4 North, Range 1 East, Boise Meridian, Ada County, idaho, and more particularly
described as follows: Commencing at the West 1/4 corner of Section 21 being the POINT OF BEGINNING;
thence along the Northerly boundary of the Southwest 1/4 of Section 21, South 89°29'15' East, 2,103.81 feet;
thence South 01°06' 06' West, 956.69 feet;
thence South 40° 01' 58' East, 1,748.31 feet
thence North 86° 43' 57' West, 228.21 feet;
thence North 86° 44' 21' West, 145.81 feet;
thence North 72° 03' 01' West, 132.25 feet;
thence North 60° 41' 56 West, 400.51 feet;
thence South 00° 43'58' West, 7.18 feet;
thence North 67° 15'12' West, 460.25 feet
thence South 01° 07' 27' West, 70.95 feet
thence North 78° 25'11' West, 304.64 feet;
thence North 01° 53'18' East, 84.71 feet
thence North 71° 43' 30 West, 255.27 feet;
thence North78° 610'54' West, 253.79 feet;
thence South 81° 59'26' West, 252.17 feet;
thence South 89° 06' 54' West 383.43 feet;
thence North 01° 0921' East, 32.64 feet;
thence North 76° 50'18' West, 548.16 feet to a point on the Westerly boundary of the Southwest 1/4 of Section 21;
thence along said boundary North 00 36'35' East 1,501.92 feetto the POINT OF BEGINNING.
Containing 96.466 acres, more or Less.
END OF DESCRIPTION (Site Maps are Available for review at City Hall)
Project: 11933
Date: September 8 1998
Prepared by: J -LI -B Engineers, Inc.
Ronald M. Hodge, P.L.S.
EXHIBIT "C"
REZONE R-1 to MU -DA
PARCEL DESCRIPTION
A parcel of land located in the Southeast 1/4 of the Southwest 1/4 and the Southwest 1/4 of the Southeast 1/4 of Section 21, T.4N., R.1E. B.M., Ada County, Idaho and more
particularly described as follows;
Commencing at a Brass Cap marking the South 1/4 corner of Section 21, T.4N., R.1E., B.M., Ada County Idaho; thence North 89°32'00' West along the section line of said Section21,
264.00 feet to a point; thence leaving said section line North 00°15'59' East 40.00 feet to a point on the Northerly Right -of -Way of Highway 20-26, as shown on Plans of Federal -Aid Project
No. F-3021 (5) on file with the Idaho Transportation Department said point being THE REAL POINT OF BEGINNING;
thence leaving said Right -of -Way North 00015'59'r East, 587.11 feet to a point on the South Boundary of the Old Valley Road;
thence along said southerly boundary the following courses and distances;
South 61°06'30i' East, 400.60 feet to a point;
thence South 72°26'30' East, 132.30 feet to a point
thence South 87°08'00' East, 146.04 feet;
thence leaving said Southerly boundary South 00°04'33' East, 84.42 feet to a point
thence North89°23'59' West, 199.27 feet to a point;
thence South 86°54'42' West 201.30 feet to a point;
thence North 89°51'34' West 90.00 feet to a point;
thence South 00°04'38' West, 254.15 20.26•
feet to a point on the Northerly Right -of -Way of said Highway
thence along said Right -of -Way 134.95 feet along the arc of a curve to the Right, said curve having a central angle of 00°1329', a radius of 34,417.48 feet, and along chord which bears
North 89°40'24' West, 134.95 feet to THE REAL POINT OF BEGINNING:
Said parcel contains 3.30 acres more or less.
End of description. (Site Maps are available for review at City Hall)
Prepared by: J -IJ -B ENGINERS, Inc.
Pub. Oct. 14, 2005 23738