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Ordinance - 2006 - 546 - Annex/Rezone Chad Moffat Property - 07/11/2006 ADA COUNTY RECORDER J. DAVID NAVARRO BOISE IDAHO 07/14106 02:31 PM ~.~~~~E~~~~~~~~T OF 11111111111111111" 11111111111'" 1111 CIIy 01 Eagle 106112544 AMOUNT .00 5 ORDINANCE NO. 546 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 ofIdaho 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-2; and WHEREAS, the Planning and Zoning Commission of the City, pursuant to public notice as required by law, held a public hearing on July 5,2005, 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 February 28, 2006, 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 ofR- 2 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 of3 K:\COUNCIL\Draft Qrdinances\Ord 546 Moffatt 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, 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. Section 3: The City Council hereby finds and determines that it is in the best interests of the public health, safety, and welfare ofthe 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 (residential two dwelling units per acre maximum) District Classification R-2 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. Section 4: The official Zoning Map of the City of Eagle, Idaho, is hereby amended to reflect the foregoing change in zoning classification. Section 5: 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 ofthe City of Eagle. Section 6: 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 7: 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 of3 K:\CQUNCIL\Draft Ordinances\Ord 546 MofTandoc DATED this 11th day ofJuly 2006. CITY COUNCIL OF THE CITY OF EAGLE Ada County, Idaho .,.,............. ~.~ O~ EA~~........ 4 ~o~A7'~.. .~ I tJ o~ ~...: : ~ .. . ".- - : .. ;; .. i'" e.1!:l~\... 0; ~ · /.;Jp to 4:'. ... "-Leoo.-" ~! ........ .r...:........ ,<J "" '. r... TE o~ " iI.. #'1, ,_\ '.."....."',' ATTEST: li~~r!Jn~-n~ Sharon~K. Bergmann, Eagle City lerk STATE OF IDAHO) : ss. County of Ada ) On this ~ ~y of J uJ I ~ , in the year 'LitJlP , before me, the undersigned, a Notary Public in and for said S~!e, personally appeared~fu G I1j.otr/ II and Sk<1 (iJ ~ V-.. &':1/11~I\,t1known 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. ""....."" " I" ~.,'...1.0.\ :lO 2.[ ...... ~ .....'... P: /> #", C ..- .... '<,]' ~ (')\"\911<1 \ \ . -..- : ~ : .{~VJ o~ j ff . ~ . ~ 1 .. .. ~':"..... ~ ., ". .. .. -... ~ 0 ....'11.. ',' <:- ...... ..'....... ./. ~ 0 Iii \'6 ',.\\\ #""'"1''11''''' ~d~~ , Notary Public Residing at: vl1.a-t I'dr I Q.~ My Commission Exp4:Cfp-OQ Page 3 of 3 K\COUNCIL\Draft Ordinances\Ord 546 Moffatt-doc Roylance & Associates, P .A. 391 W. State Street, Suite E, Eagle, Idaho 83616 Engineers . Surveyors · Landplanners Telephone (208) 939-2824 Fax (20B) 939-2B55 March 10, 2005 Project Number: 2606 RECEIVED & FILED CITY OF EAGLE Exhibit "A" MAR 2 4 2005 Legal Description Chad Moffat Property Annexation Area 14.89 Acres File: Route to: A tract of land situated in the North One Half of the Northeast One Quarter of the Southwest One Quarter of Section 1, Township 4 North, Range 1 West, Boise Meridian, Ada County, Idaho, described as follows: Commencing at a brass cap monumenting the South One Quarter Comer of said Section 1 on the centerline of North Park Lane, thence following said centerline and the easterly line of said Southwest One Quarter, North 00054'20" East a distance of 2,200.11 feet to the POINT OF BEGINNING. Thence leaving said centerline and said easterly line North 89005'11" West a distance of 1,014.93 feet to a 5/8-inch steel pin; Thence South 00054'29" West a distance of 221.46 feet to a 5/8-inch steel pin; Thence North 89009'42" West a distance of 305.74 feet to a 5/8-inch steel pin; Thence North 00054'29" East a distance of 661.75 feet to a 5/8-inch steel pin on the northerly line of said Southwest One Quarter; Thence following said northerly line South 89005' 11" East a distance of I ,320.65 feet to a brass cap monumenting the Center One Quarter Comer of said Section I and on the centerline of North Park Lane; Thence following said centerline and the easterly line of said Southwest One Quarter South 00054'20" West a distance of 439.88 feet to the POINT OF BEGINNING. The above-described tract of land contains 14.89 acres, more or less, subject to all existing easements and rights-of-way. Prepared By: ROYLANCE & ASSOCIATES, P.A. 391 W. STATE STREET, SUITE E EAGLE, IDAHO 83616 (208) 939-2824 (208) 939-2855 FAX '3. - 24 - oS X :IProjectsIMoffatl2606\AdminlLegal s\Annex.doc :;= = lr) 0 N = :.t- = ("oJ Ll). . O'l ...... all) o . C'J U? to ~ < ::E 0:::' a.. WO'l< a..lC'!u <0 W U? :><::I"')U? -1"')< a.. 1"')0::: U?~lD N OO'lu.. (3 COo ~ o~ <zo::: 0::: u.. 0 o~z za.. =>u o u.. ,66'6r9l 3 .Ol,tS.OO N ///_mm:v:~~:;:mmmmmm................m_~\ ,BB'6rt - -'~~ 'OOl~ - ---1r-1". C\l "rM .Ol,tS.OO S_~ "_ 3.0l,tS.OO N _"_ ,.... ~ >- 0 '" ~ a.. a..~1"') 0( I <ztO ~ u.. uo~ ;;; o U?FO N 1-1 U? u ~ 0 <WCO :I: 0::: U? u.. ~ lD~~ ~ N o'a.. r z~u I- 0 =>U?o::: ", Z 0 W !I O'l u.. a.. W ~ 0 Z 0.. 0 ~ ~ o :;= ~ > !I +1 ';:.....J 5 UJ o..() ~ ~ ~ t I-~ ~ ~ ~ ~ ~O) Z Z >-< ~ro o~t ~~ ~ U Or 0 ~ ....J .....J ~ 0 ~ o 0 ~ ~ .....J I ,9nll @ () M .6l,tS-OO S cg :;= P... o et:; P... "< a.. ~ to <zi' uoo; U?FI"') U?UN <wco 0::: U? , lD~O o,z z~u.. =>u~ o a.. u..U?u <0::: OW I=! a.. a.. W u u < o ~ E-< E-< ~ ....J p.... 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Box 1790 - Eagle, Idaho 83616 LEGAL ADVERTISING PROOF OF PUBLICATION Account: THE CITY OF EAGLE TO REFLECT SAID CHANG , COPIES OF THIS ORDINANCE BE FILED AS PROVIDED 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 hy 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 have 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 liB" of this ordinance have requested, in writing, a rezone from RUT to R-2; and WHEREAS, the Planning and Zoning Commission of the City, pursuant to public notice as required by law, held a public hearing on July 5, 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 February 28, 2006, on the proposed annexation and zoning for the real property described in Exhibit" A" as required by Sectiori 67- 6525, Idaho Code, made findings and determined that the requested annexation should be granted and that a zoning classification of R-2 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: Seetlon 1: The Eagle City Council hereby finds and declares that the real prop- erty 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 he used for the orderly development of the City, and that the owner of said property has requested, in writing, annexation thereof to the City. Sedlon 2: The real property, all situated in Ada County, Idaho, adjacent and contiguous to the City, particularly described in Exhihit "A" and as generally shown on Exhibit "B," attached, is hereby annexed to the incorporated territorial limits of the City of Eagle, Idaho. . Seetlon 3: The City Council hereby finda 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 Exhihit "B" and generally as shown on Exhibit "B," attached hereto and incorpo- rated by reference, is hereby removed from the RUT (Rural Urban Transition) District classification and is hereby included in the Residential (residential, two dwelling units per acre maximum) District Classification R-2, all PUl'SU8llt to the Zoning Ordinance of the City of Eagle. The City Council further frods and deter- mines that said zone change is in accordance with the Eagle Comprehensive Plan JUL 2 7 2006 Identification: Run Dates: <3' J;nu l\ '-Z 1-"'l~ 'Ob 2 /1-- Amount 17~,~1 b. duly sworn deposes 'ank Thomason, el~g P" ~I Clerk of an~ says: That he ~~~hse a r~~~Ublished at ey Tlme~, a w;e~~~te of I~a~o; that the sa!d Ie, Ada er ~~~n general circulation in the ~ald ~wspap f Ada and in the vicinity of Meridian, ,ounty 0 E I' and has been uninterru~tedly a~U~7i~he~gi~'saidti~~~~~~su~~~r~b~~~~r~~ nty-elght consecu of which is attached on of thiS notice, a copy. published in ' d that the notice was : hereto, an f mity with sectifn 60-108, !ey TImes, In con or d d for time(s) 'Idaho Code, as amen e, -,-- d Ie regular and entire issue of said P~P~~t f~ a printed in the dn~h~~~~fde~~~i~~e~a~n published pplement, an on the following dates: I J ~ 1'-\ UlOb Beginning v-" .( ,J \.>-..~ 1..'1/ L()Ob :J /l ~ nl/l.'V'L()...~- STATE OF IDAHO) )SS : I COUNTY OF ADA) , J L f C\.Jl..v' in the year of 2006 ;is ~ da~ Ot ~ersonally appeared efore me, a 0. ary t'fi d to' me to be the person known or Iden I Ie . . t son, . b 'b d to the within Instrumen , lSe name IS su SCri rn declared that the . I bein~ by me first s no"";ledged to me that ~ h are true, executed the same. Ending . Notary Public for. Idaho . Residi~~17 If/ y Commission expires. { ReCEIVED & FILED CITY OF EAGLE OCT 1 1 2006 STATE TAX COMMISSION ROO Park Blvd.. Plaza IV . Boise. I D . 83722 September 22, 2006 File: Route 10: Sharon Moore Eagle City Clerk 660 Civic Lane Eagle, ID 83616 Subject: Ordinance No. 546 EAGLE (CITY) Dear Ms. Moore: The Idaho State Tax Commission received the documentation that was provided for the annexation ofreal property in EAGLE (CITY), for tax year 2007. 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. Even though this is an approval letter please review the documentation to ensure there are no issues and respond in a timely manner or it may be too late to make corrections. Please respond if the attached documentation is correct or if there are issues. You can contact me by email at gis((iitax.idaho.gov or by phone at 208-334-7750. Thank you for your cooperation. Sincerely, ~ZF~~ Jeff Servati us 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 Equa! OpportllnilJ' f:"mp/oyer lIearing Impaired Callers TDD 1.800.377.3529