Ordinance - 2005 - 534 - Annex/Rezone Esperanza Estates - 11/29/2005ADA COUNTY RECORDER J. DAVID NAVARRO AMOUNT .00 5
BOISE IDAHO 12/08/05 01:24
DEPUTY Neava Haney III II IIII IIII VIII IIIIIIIIIIII'I II III
RECORDED—REQUEST OF
Eagle City 105186445
SCANNED
ORDINANCE NO. 534
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 September 19, 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 27, 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.
Page 1 of 3
K\COUNCIL\Ordinances\Ord 534.doc
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.
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 29th day of November 2005.
CITY COUNCIL OF THE CITY OF EAGLE
Ada County, Idaho
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Sharon K. ergmann, Eagle City Clerk S s. V't'
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Page 2 of 3
K:ICOUNCQ.IOrdinanceslOrd 534.doc
STATE OF IDAHO )
ss.
County ofAda)
On this c ,4 ay of t (t) L/ irtA , in the yearQc , before me, the undersigned, a
Notary Public in a d for said State, personally appeared Vkgi, "1 C • YY\ rii 11 and
3 E. 6 (H , 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 written.
. Notary Public
Residing at: yN bdt'&A,A.. }
My Commission Expires: q _
Page 3 of 3
K:\COUNCIL\Ordinances\Ord 534.doc
EXHIBIT "A"
UNLIMITED BOUNDARIES, , DBA
Associated Land Surveyors
1103 W. Main St.
Middleton, Idaho 83644
LEGAL DESCRIPTION
ESPERANZA ESTATES
RECEIVED & FILE
CITY OF EAGLE
AUG 1 C 2005
File:
Route to:
The following describes a parcel of real property lying in a portion of the Southwest
Quarter of the Northeast Quarter (SW1/4NE'/4) of Section 1, Township 4 North, Range 1
West, Boise Meridian, City of Eagle, Ada County, Idaho and being more particularly
described as follows:
Lot 2 in Block 1 of Tabasco Subdivision, according to the official plat thereof, filed in
Book 81 of plats at Pages 8777 and 8778, Official Records of Ada County, Idaho.
COMMENCING at the North Quarter Corner of said Section 1, said corner marked by
an aluminum cap; thence, along the West line of the NE1/4 of said Section 1,
S00°15'00"W, 1342.75 feet to a 5/8" iron pin; thence, S89°52'35"E, 35.00 feet to a 5/8"
iron pin at Northwest Corner of said Lot 2, the POINT OF BEGINNING;
THENCE, along the exterior boundary of said Lot 2, the following courses and distances:
S89°52'35"E, 1286.10 feet to a 5/8" iron pin;
S00°15'12"W, 464.79 feet to a 5/8" iron pin;
N89°52'35"W, 293.75 feet to a 5/8" iron pin;
N34°32' 13 "W, 321.92 feet to a 5/8" iron pin;
N00°15'00"E, 175.00 feet to a 5/8" iron pin;
N89°52'35"W, 808.66 feet to a 5/8" iron pin;
N00° 15'00"E, 25.00 feet to the POINT OF BEGINNING;
The above-described parcel of real property contains 5.00 acres, more or less, and is
subject any reservations or easements appearing on said parcel.
Doug Bergey, PLS
Phone: 208.585.5858 • Fax: 208.585.9001 Walt Neitz, PLS
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For Vie Peop1 t f la'a`io
STATE TAX COMMISSION
800 Park Blyd., Pidra IV • Boise, ID • 83722
January 17, 2006
Sharon Moore
Eagle City Clerk
310 East State Street
Eagle, ID 83616
Subject: Ordinance No. 534 EAGLE (CITY)
Dear Ms. Moore:
SCANNEr
RECEIVED & FILED
CITY OF EAGLE
JAN 19 2006
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,
,A-ko76--tA/4---vg"
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