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:
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RECEIVED & F'ILED
CITY OF EAGLE
Valley Times
P.O. Box 1790 - Eagle, Idaho 83616
LEGAL ADVERTISING PROOF OF PUBLICATION
JUL 2 7 2006
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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