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Ordinance - 2006 - 544 - Annex/Rezone Lighthouse Subdivision - 06/27/2006 ADA COUNTY RECORDER J. DAVID NAVARRO BOISE IDAHO 07/14/06 02:31 PM DEPUTY Gail Garrell RECORDED - REQUEST OF City of Eagle AMOUNT .00 5 1111111111111111111111111111111111111 11216112542 ORDINANCE NO. 544 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 DESCRmED 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 April 17, 2006, 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 June 20, 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 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. Page 1 of 3 K:\COUNCIL\Draft OrdiJ.lallc~~\Ord, 544 LighthIlU~.d(H': 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 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 Estates (one dwelling unit per two acres maximum) 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. 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 of 3 K:\COliNCIL\Draft Onlillal1l.:~5\On1. 544 Lighfhoust".upc DATED this 27th day of June 2006. CITY COUNCIL OF THE CITY OF EAGLE Ada County, Idaho , Sharon K. Bergmann, Eagle Cit ,...,.......... ~., "OF '. ~." ~ ~ l? ", ,," ", ......... "10 ~.. .. I ...,. Of-poll.... ... <'(t\ " : .. . v 'I~ \ '. : : '(ta. ~ : . .... : : \lP.~~S8AL :*: .. ~ ~ _".... i "., 1'o.An~ ~ ,t "'-.. ;.~ ......~ ~.." ......... OF I"'" ...... I'""......'". ST ATE OF IDAHO) : ss. County of Ada ) On this ~ 7 day ofJU. h 0 ~ , in the yeard(()() , before me, the undersigned, a Notary Public in and for said State, personally appeared . C. VYle-v (II J and ,SV\llrTJYl K _ ~~~W1aJtY\ , known to me to be the MAYOR and ITY CLERK of said municipal corporation that e ecuted thIS lllstrument and the persons who executed the saId lllstrument on behalf of said corporation, and acknowledged to me that such corporation executed the same. "~"'!h..,.1 In witness whereof, I have hereunto set my l2..~~ttO'ffiVII\-...my official seal the day and year first written. ........ 0 ........ If> ; '-9 '.... '" : .::.., I t-fI. :u: 0'<' : -< : . :. ~ \ ~ - D-rt1 , Notary Public \. \'" ... v~esi Q: KLLnO Vd(~ \.... If> .......M~l1b~ission Expires: /~/~ c/of ...... ST A ~~,~" ...,........." Page 3 of 3 K\COUNCIL\Dmft Ordinances\Qn1. 544 Lighlhouse.doc RECEIVED & FILED CITY OF EAGLE EXHIBIT "A" OCT 3 1 2005 DESCRIPTION FOR LIGHTHOUSE SUBDIVISION October 28, 2005 File: Route to: A PARCEL OF LAND BEING THE WEST 1/2 OF GOVERNMENT LOT 3, SECTION 5, TOWNSHIP 4 NORTH, RANGE 1 EAST, BOISE MERIDIAN, EAGLE, ADA COUNTY, IDAHO, MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE NORTHEAST CORNER OF GOVERNMENT LOT 3, SECTION 5(NORTH 1/4 CORNER), T. 4N., R IE., B.M., EAGLE, ADA COUNTY, IDAHO; THENCE ALONG THE NORTH LINE OF SAID GOVERNMENT LOT 3 S 89040'10" W 663.39 FEET TO A POINT; THENCE S 01009'56" E 25.00 FEET TO THE SOUTH RIGHT OF WAY FOR W. BEACON LIGHT ROAD, THE REAL POINT OF BEGINNING OF THIS SUBDIVISION; THENCE CONTINUING S 01009'56" E ALONG THE WEST SIDE OF ANACORTES SUBDIVISION 659.11 FEET TO THE NORTHWEST CORNER OF PTARMIGAN SUBDIVISION; THENCE ALONG THE WEST SIDE OF SAID PTARMIGAN SUBDIVISION SOlo09'23" E 587.03 FEET TO A POINT ON THE NORTH LINE OF ACADEMY SUBDIVISION; THENCE ALONG SAID NORTH LINE S 89046'04" W 663.54 FEET TO THE SOUTHEAST CORNER OF PONY SUBDIVISION; THENCE ALONG THE EAST LINE OF SAID PONY SUBDIVISION N 01009'15" W 1245.00 FEET TO A POINT ON THE SAID SOUTH RIGHT OF WAY; THENCE ALONG SAID SOUTH RIGHT OF WAYN 89040'10" E 663.37 FEET TO THE REAL POINT OF BEGINNING OF THIS SUBDIVISION; SAID SUBDIVISION CONTAINS 18.97 ACRES, MORE OR LESS. WAYNE K. BARBER I I I I I EXHIBIT "B" -j ~~ RE IVED & FILED CITY OF EAGLE JUL 1 3 2006 Valley Times P,O, Box 1790 - Eagle, Idaho 83616 LEGAL ADVERTISING PROOF OF PUBLICATION File: Route to: Account: Identification: r);, ,A...: n ." -..t /'( 0, s'-/ ~ ',-IOIOG Address: {; ,-,-,.L\ a Attention: Run Dates: Number Lines ;.( LJ~ (~~, (1 Amount Other :Ill \;':z~~ i~ S __~_i_ 11.._ ~ ~_i -0 "g';!t: ]3:3:'3: ~ i:~(')ll.li~ _lL '~. ~ .. '" ~ <l>~ a 5r.g ~ ~:i!~~~8~~ ,<'> ~ a, g; 13 go Pam ~ f:; oaf:; " II .g g. f:; i!:j om'" 0 ..nf:; i: !!l Ito ;:l8~~~Cl~~ '.8 > -> fOil> "0 ;;: QQ > I '" ~".. '" a'':;; Y' ~ltllY' ~~~~J;:~n~ 'c. ~ ft'~ '[I>- p~ . ~ ... , " :<l!'l " ~~. II I>- 0", "'S Oz , I>- " 52o~i:l>8~n ... c::: 0, 0 .... Q. 0 a" ~. I>- n :~~ ~~i JJ' 'g ~ '< = no .... 0." ...:t:~ m '" I>- or':;; > mo > 'n' . 0 a z:i!O:>::l. ~z P' II " ~ 0 . .. ';'1m ne.~ ::c:rlll",", m-."..,m~ Z I[rl o' 0 0 trl :;j"'~-<~;jom !"~ ~~I>- CI c ..., ~ o 0> ~>< ....... rl c;: =-. '< n V1&;'~ m~omtJl('" Z 0 '.. 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" c ..... <"'t...~ ....-...,..,. - ... .__.10 Frank Thomason, being duly sworn, deposes and says: That he is the Principal Clerk of Valley Times, a weekly newspaper published at Eagle, Ada County, State of Idaho; that the said newspaper is in general circulation in the said County of Ada, and in the vicinity of Meridian, Star, and Eagle, and has been uninterruptedly published in said County during a period of seventy-eight consecutive weeks prior to the first publication of this notice, a copy of which is attached hereto, and that the notice was published in Valley Times, in conformity with Section 60-108, Idaho Code, as amended, for -1- timers) in the regular and entire issue of said paper, and was printed in the newspaper proper, and not in a supplement; and that said notice was published ._ on the following dates: Beginning :.J "'-- L.., I 0 L iJ 0 , J ( ~ ~ 0. C Ending :.7 ......l., I 0 ...T/lCi,1/Jt- R~\<l..-~ LoOL ,."" STATE OF IDAHO) )SS , ~OUNTY OF ADA) On this Q day of in the year of 2006 before me, a Notary ubli, personally appeared nk Thomason, known or identified to me to be the person whose name is subscribed to the within instrument, d being by me firf\duly sworn, declared that the ts e in are tru~'ln acknowledged to me that O. /. -h executed the same. t Notary Public for Idaho I Residl g at oi,S~, 10 My Commission expires: ') d ( ( . RECEIVED & FILED CITY OF EAGLE OCT 1 2 2006 STATE TAX COMMISSION File: Route to: '---- .~-~"------~.---.---- 800 Park Blvd.. Plaza IV . Boise.ID . 83722 September 19, 2006 Sharon Moore Eagle City Clerk 660 Civic Lane Eagle, ID 83616 Subject: Ordinance No. 544 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 ifthere are issues. You can contact me by email at gis(cutax.idaho.gov or by phone at 208-334-7750. Thank you for your cooperation. Sincerely, ~lF~~ 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 Opporfunity Employer Hearing Impaired Callers TDD 1-800-377-3529