Ordinance - 2006 - 546 - Annex/Rezone Chad Moffat Property - 07/11/2006
ADA COUNTY RECORDER J. DAVID NAVARRO
BOISE IDAHO 07/14106 02:31 PM
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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
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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.
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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
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RECEIVED & FILED
CITY OF EAGLE
Valley Times
P.O. 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