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Ordinance - 2006 - 540 - Annex/Rezone Castlebury - 07/11/2006 ADA COUNTY RECORDER J. DAVID NAVARRO BOISE IDAHO 07/14/06 02:31 PM DEPUTY Gail Garre" RECORDED-REQUEST OF City 01 Eagle AMOUNT .00 6 111111111111111110111111111111111111 106112543 ORDINANCE NO. 540 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 "B" of this ordinance have requested, in writing, a rezone from RUT to R-I; and WHEREAS, the Planning and Zoning Commission of the City, pursuant to public notice as required by law, held a public hearing on June 18,2005, 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 August 23, 2005, on the proposed annexation and zoning for the real property described in Exhibits "A" and "B" 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-1 for the property described in Exhibit "B" is appropriate to meet the requirements ofIdaho Code, Eagle City Code and the Eagle Comprehensive Plan and should be granted. Page I of 3 K\CGUi'OCIL\Dr;Jfl Oldinallc~s\Ord 540 C<.l.'ilkbury \Vcst.duc 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 "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 "B" and generally as shown on Exhibit "C", 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 one dwelling unit per acre maximum) District Classification R-l 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 of the 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 00 K:\COUNCIL\Draft Ordinances\Ord 540 Castlebury WesLdoc DATED this 11th day of July 2006. CITY COUNCIL OF THE CITY OF EAGLE Ada County, Idaho ATTEST: STATE OF IDAHO) . : ss. County of Ada ) On this ~ day of JA ~ ' in the year , before me, the undersigned, a j'J"otary Public in and for said State, personally appeared .', and LShQ COI\"" K.-. ~:3tMHJtrnown to me to be the MAYOR and CI CLE 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. 8p~ ~~ , Notary P}lblic Residing at: ~ f'l"\t;1n lcttQ,...-J My Commission Expires: , If-eJrO(j, Page 3 00 K:\COUNClL\Draft Ordinances\Ord 540 Castlebury West doc Engineering North West, LLC 423 N. Ancestor Place, Suite 180 Boise, Idaho 83704 EXHIBIT "A" (2 Project No. 05-023-01 Date: M Y 31tl,SOOtVED & FILED CITY OF EAGLE CASTLEBURY WEST CITY OF EAGLE ANNEXATION DESCRIPTIO JUN 0 7 2005 A parcel of land located in the S 1/2 of the SW 1/4 of Section 19, T. 4 ., Ada County, Idaho, more particularly described as follows: Commencing at the Section Comer common to Sections 19 and 30 of said T. 4 N., R 1 E. and Sections 24 and 25 ofT. 4 N., R. 1 W., B.M., said point being the REAL POINT OF BEGINNING; Thence North 00027'01" East, 1326.95 feet (formerly described as North 00027' 15" East) on the section line common to said Sections 19 and 24 to the south 1/16 th section comer common to said Sections 19 and 24; Thence leaving said section line, South 89047' 16" East, 2414.33 feet (formerly described as South 89047'03" East) on the northerly boundary line of the S 1/2 of the SW 1/4 of said Section 19, a portion of said line also being the Southerly boundary line of Sugarberry Woods Subdivision No.2, as same is shown on the Plat thereof Recorded in Book 78 of Plats at Page 8292 of Ada County Records to the center-south 1/16 th section comer of said Section 19; Thence South 00010'27" West, 1324.20 feet (formerly described as South 00010' 41" West, 1324.21 feet) on the north-south mid-section line of said Section 19, said line also being on a portion of the westerly boundary line of Castlebury Subdivision No.1, as same is shown on the Plat thereof Recorded in Book 83 of Plats at Page 9148 of Ada County Records to the 1/4 section comer common to said Sections 19 and 30; Thence North 89051 '09" West, 2420.72 feet (formerly described as North 89050' 55" West) on the section line common to said Sections 19 and 30 to the real point of beginning. Said parcel contains 73.57 acres more or less. PREPARED BY: Engineering NorthWest, LLC James R. Washburn, PLS Castlebury West City of Eagle Annex. Dese.doc Page 1 of 1 RECEIVED & FILED CITY OF EAGLE EXHIBIT "B" Engineering North West,. 423 N. Ancestor Place. Suite 180 B01__~ ___n_ ,,- - -./ - . - - - - - --- ~5 (208) 376-5556 File: Route to: Project No. 05-023-01 Date: May 31,2005 CASTLEBURY WEST ZONING DESCRIPTION A parcel of land located in the S 1/2 of the SW 1/4 of Section 19, T. 4 N., R 1 E., B.M., Ada County, Idaho, more particularly described as follows: Commencing at the Section Comer common to Sections 19 and 30 of said T. 4 N., R 1 E. and Sections 24 and 25 of T. 4 N., R. 1 W., B.M., said point being the REAL POINT OF BEGINNING; Thence North 00027'01" East, 1326.95 feet (formerly described as North 00027' 15" East) on the section line common to said Sections 19 and 24 to the south 1/16 th section comer common to said Sections 19 and 24; Thence leaving said section line, South 89047' 16" East, 2414.33 feet (formerly described as South 89047'03" East) on the northerly boundary line of the S 1/2 of the SW 1/4 of said Section 19, a portion of said line also being the Southerly boundary line of Sugarberry Woods Subdivision No.2, as same is shown on the Plat thereof Recorded in Book 78 of Plats at Page 8292 of Ada County Records to the center-south 1/16 th section comer of said Section 19; Thence South 00010'27" West, 1324.20 feet (formerly described as South 00010'41" West, 1324.21 feet) on the north-south mid-section line of said Section 19, said line also being on a portion of the westerly boundary line of Castlebury Subdivision No.1, as same is shown on the Plat thereof Recorded in Book 83 of Plats at Page 9148 of Ada County Records to the 1/4 section comer common to said Sections 19 and 30; Thence North 89051'09" West, 2420.72 feet (formerly described as North 89050'55" West) on the section line common to said Sections 19 and 30 to the real point of beginning. Said parcel contains 73.57 acres more or less. PREPARED BY: Engineering NorthWest, LLC Castlebury West Zoning, Desc.doc Page 1 of 1 CASTLEBURY WEST ~ VICINITY MAP EXHIBIT "e" SCALE: 1" - 600' RECEIVED & FILED CITY OF EAGLE JUN 0 7 2005 File: Route to: ~-:- " _ --L~~ _ ~~ ~~_ILr \~~~C.II~_ . - : 1- I .--. - - - ~~-=-=--=-~~ I _=-~~....' . ....- ~? ~~_~~~=-_........~,," ~~_ R~_ , _~~ l' -..- :! ~-~~~~ ;~~r_. ~D~ slJl3DI~Sio~'\\r -.-. 1-- ~ ..- .:~ ! .._ ! -------- i~ ~.:~, . --T7---- ---- ;----. : 1:1:,- ~-.-. - ! ! - i: -- -.- - -- ; - If' ..~' ~ ~. -- i .-. L ' ~, ='='- -'= ..- III '1':'_ j) ..- EO ~ h./"lo.'-::.."-::=- ~/(',p -L ~" "I -- ..,,-~ -----0 I ._-~':~.-- \r:-'I-~.~~:I'" ~ -.--.- L_.~I,'~ .~ . - 1.._ <. .! .-\":~. '..- I I --.. i NlI - t ,-"- \~ c(! ,,__.) . ~---------T~----:" .at <>-~ ; b2{ __IU1~> "",LLjjfl ,< 00(:.i rU,I}>> =.. '( ~:~- r ~T~~-' ~;:-=. c( .:::< . = 0 c;. .... ::-:': ~.,~ i.~ - ~ F:> [') ;;i < S I~/ ~'tn) \/ :..~ ~;=- i -- ..- w .....:> 1/ .... ,'\('< -:: hi . -'""" . n ._ ~ .. ....<'>j j'... L'" <' .-- I......~I-, ' /F~ .. .- . .. ... ........ ",,-, :'/ 'S;, '., k: .._ ..- / .._. Z = =- r. (of::::: ~. "-'. ) ...... ;- 1< r ..... . -- . . -- 11[ill :::: 0 . .,...4.1<( "--;- t-=:::. f- -i ..- - IILI, ~~ )\);"[1) t~,._..~~,~ 1(. \:S~'T:N~t~kT:~~-~~/2: l__ I l - J.! r-~~. ~~~ II; - r ~~-- ;1. LZ~_'.=~T----r .- ~. t --, ~'" ~ 1IIi1 I n_,_n_1 C':.--;!.J '--i ~~ '" '~~ J: \CASlLE8URY _WESL0502301\Drawings\CASTLE8URY _WESLVlCINITY.dwg 5/20/2005 2: 52: 10 PM MST RECEIVED & F'ILED CITY OF EAGLE Valley Times P.O. Box 1790 - Eagle, Idaho 83616 LEGAL ADVERTISING PROOF OF PUBLICATION JUL 2 7 2006 FHe: Run Dates: 0,,- r).j Y\ lie I'l '-'-- 1-( '-i '0(" Address: ~+) 1 E~J~ && 6 E, (,v Ie LA fOyf (~ :ID J ' 0r.,/J.. Identification: Account: Number Lines 2 Sr Amount L 01, b i ^.......-...:--. Page 4 "'1--1.'\ ason, being duly sworn, deposes . . i: That he is the Principal Clerk of i:1 weekly newspaper published at ORDINANCE NO. 540 unty, State of Idaho; that the said AN ORDINANCE ANNEXING CERTAIN REAL PROPERTY SITUATED I]S in general circulation in the said UNINCORPORATED AREA OF ADA COUNTY, IDAHO, AND CONTIGUoda, and in the vicinity of Meridian, THE CORPORATE LIMITS OF THE. CITY OF EAGLE, TO THE CITY OF E.gle, and has been uninterruptedly IDAHO; ESTABLISHING THE ZONING CLASSIFICATION OF SAID REAL I in said County during a period of ERTY DESCRIBED HEREIN; AMENDING THE ZONING MAP OF THE CIbnsecutive weeks prior to the first EAGLE TO REFLECT SAID CHANGES; DIRECTING THAT COPIES OF otice, a copy of which is attached ORDINANCE BE FILED AS PROVIDED BY LAW, AND PROVIDING AN ~ h t' bl' hed 'In TlVE DATE. Id that t e no Ice was pu IS in conformity with Sectipn 60-108, WHEREAS, the City of Eagle, Idaho is a municipal corporation organizle, as amended, for -L time(s) operating under the laws of the State of Idaho and is authorized to annex snd entire issue of said paper, and incorporate within the boundaries of the City contiguous real property in th'le newspaper proper, and not in a ner provided by SectIOn 50-222, Idaho Code; and ~nd that said notice was published on the following dates: 3d j }~ I 2~olo - 5 WHEREAS, the owners of the real property situated within the City of Eal particularly described in Exhibit "B" of this ordinance have requested, in wr J L 2- 'f z.. 00 ~ rezone from RUT to R-I; and ~ ~ J ( WHEREAS, the Planning and Zoning Commission of the City, pursuant tplt a.-~ R~ .'V'- notice as required by law, held a public hearing on July 18, 2005, as requ Section 67-6525, Idaho Code, and made a recommendation to the Mayor and STATE OF IDAHO) cil; and )SS 1 COUNTY OF ADA) WHEREAS, the Eagle City Council, pursuant to public notice as required by la f (1 ~. .,' in the year of 2006 a public hearing on August 23rd, 2005, on the proposed annexation and zodY 0 .,..,. II a eared the real property described in Exhibits "A" and "B" as required by Section 6No~arYJPub ,persona y pp Idaho Code, made findings and determined that the requested annexation shor Identified to me to be the person granted and that a zoning classification ofR-1 for the property described insub cribed to the within instrument, "B" is appropriate to meet the requirements of Idaho Code, Eagle City Code Ie r t duly sworn, declared that the Eagle Comprehensive Plan and should be granted. tr e a acknowledged to me that he executed the same. WHEREAS, the owners of the real property situated in the unincorporated, Ada County and particularly described in Exhibit" A" of this ordinance h, quested, in writing, annexation of said real property to the City of Eagle; an NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND COUNt THE CITY OF EAGLE, IDAHO, as follows: Notary Public for Idaho Section I: The Eagle City Council hereby finds and declares that the real I ResidlQ9ft BOre, 10 particularly described in Exhibit "A," attached hereto and incorporated hen mission expires:) J- '7 I J reference, is contiguous to the City, that said property can be reasonably asS1 { f be used for the orderly development of the City, and that the owner of said I has requested, in writing, annexation thereof to the City. Section 2: The real property, all situated in Ada County, Idaho, adjacent a tiguous to the City, particularly described in Exhibit "A" and as generally sl Exhibit "e," attached, is hereby annexed to the incorporated territorial limit r.hr ....f'P....I.... fA...1..... (For 77ie I})eopfe of Maho STATE TAX COMMISSION RECEIVE CITY olc:& FILED <;;AGLE Ocr 1 1 2006 1=11.: Aou;;;---'- eto:~ ~oo Park Blvd., Plaza IV . Boise. ID . 83722 September 22, 2006 Sharon Moore Eagle City Clerk 660 Civic Lane Eagle, ID 83616 Subject: Ordinance No. 540 EAGLE (CITY) Dear Ms. Moore: The Idaho State Tax Commission received the documentation that was provided for the annexation of real 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(cb,tax.idaho.gov or by phone at 208-334-7750. Thank you for your cooperation. Sincerely, ~&HA#~ 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 Fqual Opportllnify EmfJ/oyer Hearing Impaired Callers TDD 1-800-377-3529