Ordinance - 2006 - 548 - Annex/Rezone Park Place - 08/08/2006
ADA COUNTY RECORDER J. DAVID NAVARRO
BOISE IDAHO 08/17/06 01:38 PM
DEPUTY Neava Haney
RECORDED - REQUEST OF
Eagle City
AMOUNT .00
7
1111111111111111111111111111111111111
106133475
ORDINANCE NO. 548
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 LA W; 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-2-
DA; and
WHEREAS, the Planning and Zoning Commission of the City, pursuant to public notice as
required by law, held a public hearing on December 19, 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 21,2006, 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-
2-DA for the property described in Exhibit "A" is appropriate to meet the requirements ofIdaho
Code, Eagle City Code and the Eagle Comprehensive Plan and should be granted.
Page 1 of3
K:\COUNCIL\Drafi Ordinances\Ord 548 Park Place.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 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 R-2-DA(residential two dwelling
units per acre maximum) District Classification 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 ret1ect 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 50-90lA, Idaho Code, may be published.
Page 2 of3
K:\COUNCILlDraft Ordinances\Ord 548 Park Place.doc
DATED this 8th day of August 2006.
CITY COUNCIL OF THE CITY OF EAGLE
Ada C unty, Idaho
A TT ST:
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Sharon' K. Bergmann, Eagle ity Clerk
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STATE OF IDAHO)
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County of Ada )
On this g day of' , in the year;2Olf.t:; , be, fore me, the undersigned, a
Notary Public 'n and for sai tate, personally appeared Ah nJ-t C /Y/~t.u1.. C and
, . , known to me to be the MA YOR an ITY CLERK of said municipal
corporation that e ecuted 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 lwml,and affixed my official seal the day and year
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ADA COUNTY RECORDER J. DAVID NAVARRO
BOISE IDAHO 02l11l106 04:35 PM
DEPUTY Heava Haney
RECORDED-REQUEST OF
Title One
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CITY OF !':i\U'c,
.' MAY 1 8 2006
Title-One
Order No.: A0548377..J6/tS.,
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WARRANTY DEED
FOR VALUE RECEIVED,
SAP, LLC, an Idaho limited liability company the Grantor, does hereby grant,
bargain sell and convey unto IDAHO LAND & INVESTMENTS, LLC, an Idaho limited
liability company whose current address is 9537 South 700 East, Salt Lake City, Utah
84070 the Grantee, the following described premises, in Ada County, Idaho, TO WIT:
A parcel of land situate in North one-half of the Southeast one-Quarter and in the
Southwest one-Quarter of the Northeast one-Quarter of Section 1, Township 4 North,
Range 1 West, Boise Meridian, Ada County, Idaho, and more particularly described as
follows:
Commencing at the East one-Quarter corner of said Section 1, which bears
North 00"00' 14" Bast a distance of2,639.88 feet from the Southeast comer of said
Section 1, and is the POINT OF BEGINNING; thence
South 00"00' 14" West, along the Easterly boundary line of said Section 1, a distance of
724.07 feet; thence
North 89059'46" West a distance of 587.27 feet; thence
South 42017'46" Ea.o;t a distance of 313.84 feet along the Dry Creek Canal; thence
South 31045'46" East a distance of 103.38 feet along the Dry Creek Canal; thence
South 22" 15'46" Bast a distance of 298.92 feet along the Dry Creek Canal; thence
South 89047'33" West a distance of 1,112.69 feet to the Southeast one-sixteenth corner;
thence
South 89047'33" West a distance of 1,321.06 feet to the South one-sixteenth comer;
thence
North 00000'07" West a distance of J ,323.22 feet along the North-South one-Quarter
section line to the center one-Quarter corner; thence
North 00000'29" East a distance of 852.75 feet along the North-South 6ne"Quarter section
line; thence
South 75014'53" East a distance of 103.10 feet; thence
North 88"45'07" East a distance of 601.50 feet; thence
South 37"44'53" East a distance of 151.10 feet; thence
EXHIBIT "A"
RECE-i~;E6 2:f~i~C[)-1
CITY OF EAGLE I
MAY 1 8 2006
South 49054'53" East a distance of 180.02 feet along the boundary of Tabas ~i~e~te to;------,----
Subdivision; thence .--------
South 28014'53" East a distance of 131.06 feet along the boundary of Tab as co
Subdivision; thence
South 40029'53" East a distance of350.00 feet along the boundary of Tabasco
Subdivision; thence
South 35022'53" East a distance of 173.36 feet along the boundary of Tabasco
Subdivision to the one-sixteenth line: thence
South 00000'04" West a distance of 78-11 feet to the East one-sixteenth comer; thence
North 89051'49" East a distance of 1,321.12 feet to the POINT OF BEGINNING.
TO HA VB AND TO HOLD the said premises, with their appurtenances unto the
said Grantee, heirs and assigns forever, including all water rights, well rights, water
shares or water stock appurtenant to or previously used with the above premises and
excluding subswface water rights. And the said Grantor does hereby covenant to and
with the said Grantee, that it is the owner in fee simple of said premises; that they are free
from all encumbrances EXCEPT those to which this conveyance is expressly made
subject and those made, suffered or done by the Grantee; and subject to all existing patent
reservations, easements or right(s) of way of record, protective covenants ofrecord,
zoning ordinances, and applicable building codes, laws and regulations. general taxes and
assessments, inCluding irrigation and utility assessments (if any) for the Current year,
which are not due and payable, and that Grantor will warrant and defend the same from
all lawful claims whatsoever.
Dated: ;;;,h,4.8
RECEIVED & FILED
CITY OF EAGLE
MAY 1 8 2006
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State of Idaho)
County of Ada)
On this tjf:L day of February, 2006, before me, the undersigned, a Notary Public in and
for said State, personally appeared Foad Roghani, known or identified to me to be a
Managing Member, of the limited liability company of SAP, and the Managing Member
who subscribed said company name to the foregoing instrument, and acknowledged to
me that he executed the sam.e in said company name.
IN WI1NESS 'WHEREOF, I have hereunto set my hand and affixed my official sear the
day and year in this certificate first above written.
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EXHIBIT "B"
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RE EIVED & FILE
CITY OF EAGLE
Aut; 2 5 2006
Valley Times
P.O, Box 1790 - Eagle, Idaho 83616
LEGAL ADVERTISING PROOF OF PUBLICATION
File:
Route to.
Account:
G: +J~ f ~ Identification:
~ ~O f. (,'vIe. Lh- Run Dates:
p 4.rL -XP
August 21, 2006 --__________
CJ~....., '-<--
<{-GI'oL
No. 'jl.} 'I
Address:
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Amount
23~.'7
.Att~ntinn.
ORDINANCE NO. 548 )mason, being duly sworn, deposes
AN ORDINANCE ANNEXING CERTAIN REAL PROPERTY SITUATED IN THE1YS: That he is the Principal Clerk of
UNINCORPORATED AREA OF ADA COUNTY IDAHO AND CONTIGUOUS TOS' a weekly newspaper published at
THE CORPORATE LIMITS OF THE CITY OF EAGLE, TO THE CITY OF EAGLE,::ounty, State of Idaho; that the said
IDAHO; ESTABLISHING THE ZONING CLASSIFICATION OF SAID REAL PROP-T is in general circulation in the said
ERTY DESCRIBED HEREIN; AMENDING THE ZONING MAP OF THE CITY OF Ada, and in the vicinity of Meridian,
EAGLE TO REFLECT SAID CHANGES; DIRECTING THAT COPIES OF THIS:agle, and has been uninterruptedly
ORDINANCE BE FILED AS PROVIDED BY LAW; AND PROVIDING AN EFFEC- ed in said County during a period of
TlVE DATE. t' k' t th fi t
consecu Ive wee s pnor 0 e Irs
WHEREAS, the City of Eagle, Idaho is a municipal corporation organized and' notice, a copy of which is attached
operating under the laws of the State of Idaho and is authorized to annex to and md that the notice was published in
incorporate within the boundaries of the City contiguous real property in tbe man- , in conformity with Secti9n 60-108,
ner proVIded by SectIOn 50-222, Idaho Code; and Ide, as amended, for -L time(s)
.... and entire issue of said paper, and
WHEREAS, the owners ofthe real property SItuated In the umncorporated area of th er d not' n a
Ada County and particularly described in Exhibit "A" of this ordinance have re- e newspaper prop ,an . I
quested. in writing, annexation of.said real property to the City of Eagle; and and that said notice was published
A on the following dates:,
""'-J~ 21, &vo'"
C
WHEREAS, the owners of the real property situated within the City of Eagle and I
particularly described in Exhibit itA" of this ordinance have requeste~ in writing, a
rezone from RUT to R-2-DA; and
WHEREAS, the Planning and Zoning Commission of the City, pursuant to public A ~ 2. \ 00 (:) 1.
notice as required by law, held a public hearing on December 19th, 2005, as required , \.A- ~ j
by Se'ctton 67-6525, Idaho Code, and made a recommendatIOn to the Mayor and . I ,.,.-,/
Council; and ^- ~ I "-~
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.
STATE OF IDAHO)
)SS
/; COUNTY OF ADA)
Y of lA.. LA. to in the year of 2006
'lotary Publi ,personally appeared
)r identified to me to be the person
;ubscribed to the within instrument,
first duly sworn, declared that the
, and acknowledged to me that
he executed the same.
\..~
Notary Public for Idaho
Resid~t B01~' ID
mission expires: ~,J.- 7 / , I
( I '
WHEREAS, the Eagle City Council, pursuant to public notice as required by law, held
a public hearing on February 2 1st, 2006, on the proposecl 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-2-DA 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:
Section Z: The real property, all situated in Ada County, Idaho, adjacent and con-
tiguous 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 Ex-
\.:\.:. "A" .._..I ..__...n....'" "'l.,.u....,... J:!vl.ih;t "R" !lltt!ll~hpti hPrPtll ~ntl inr.nrnnnlltp.d ,.
.--
'For 'Ilie !PeopCe of Malia
STATE TAX COMMISSION
IRf;CEI\tEU & FILED
I CITY OF EAGLE
I
f':...1
lil:
i 2 2006
File:
Route to:
800 Park Blvd., Plaza IV . Boise, lD . 83722
September 29,2006
Sharon Moore
Eagle City Clerk
660 Civic Lane
Eagle, ID 83616
Subject: Ordinance No.
548 EAGLE (CITY)
Dear Ms. Moore:
The Idaho State Tax Commission received the documentation that was provided for the
annexation oEreal 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 gis0:;tax.idaho.gov or by phone at 208-334-7750. Thank you for
your cooperation.
Sincerely,
~lF~~
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
Equal Opportunity Employer
Hearing Impaired Callers TDD 1-800-377-3529