Ordinance - 2006 - 551 - Annex/Rezone Kathleen Estates - 09/12/2006
ADA COUNTY RECORDER J. DAVID NAVARRO
BOISE IDAHO 09/28/U6 01 :52 PM
DEPUTY Vicki Allen
RECORDED-REQUEST OF
City of Eagle
AMOUNT .00
6
1111111111111111111111111111111111111
106154821
ORDINANCE NO. 551
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-3-
DA;and
WHEREAS, the Planning and Zoning Commission ofthe City, pursuant to public notice as
required by law, held a public hearing on June 6, 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 July 25,2006, 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-3-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\CQUI\CJL\Draft Ordinanccs\Ord 551 Kalhlcl:n bwtl:sUOC
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 (residential three
dwelling units per acre with a development agreement) District Classification R-3-DA 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 of3
K:\COUNCIL\Draft Ordinances\Ord 55] Kathleen Estates.doc
DATED this 12th day of September 2006.
AT ST:
,~(l~' ~ ~~
Sharori. K. Bergmann, Eagle Ci Clerk
"""...... .....
..... 't "l 0 F l? .....
" ,,'" ......... -10 "..
~.. e. '/'
~ .. aRPOR .. '-~
::ftlG "'I"..'
: : tt-~
: : ..... :
. .~So ..
. .-to c AL .
\ ~ -.("\0 .rt "'.: ..
~ ..~6- ,Of. .:
~ ..,:>. .0 U.An~.... 0 ..
~~ r~ ........ .:1.' "
~~ <;: OF In .. V .'
"#. v~ ,.'
."",,,",,,,,,
STATE OF IDAHO)
: ss.
County of Ada )
On this /,}. day of~/J1b v- , in the yearo?C00 , before me, the undersigned, a
N~tary Public in and for said State, personally appeared !I/.,l/7Ut C iYJt:rrl / J and
\. <;hd~17n )(,<f2p~/J1t1vm ,known to me to be the MAYOR and ITY CLERK of said municipal
corporation that xecuted this mstrument 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.
Page 3 of 3
K:\COUNCIL\Draft Ordinances\Ord 551 Kathleen btates.doc
EXHIBIT "A"
Engineering North West, LLC
423 N. Ancestor Place, Suite 180 Boise, Idaho 837,
Project No. 05-026-01
Date: April 05, 2006
RECEIVED & FILED
CITY OF EAGLE
KATHLEEN ESTATES
ANNEXATION DESCRIPTION
APR 0 5 2006
A parcel ofland located in the SE 1/4 of the NW 1/4 of Section 12,
Ada County, Idaho, more particularly described as follows:
Commencing at the 1/4 section comer common to Sections 1 and 12 of said
T. 4 N., R. 1 W.;
Thence South 00032'05" West, 2640.29 feet on the north-south mid-section line of said
Section 12 to the Center 1/4 section comer of said Section 12, said point being the REAL POINT
OF BEGINNING;
Thence North 89020'24" West, 1322.39 feet on the east-west mid-section line of said
Section 12 to the center-west 1/16 th section comer of said Section 12, said point also being the
southeast comer of Senora Creek Subdivision, as same is shown on the Plat thereof recorded in
Book 92 of Plats at Page 10898 of Ada County Records;
Thence North 00038'06" East, 329.44 feet on the north-south 1/16 th section line ofthe
NW 1/4 of said Section 12 and the easterly boundary line of said Senora Creek Subdivision;
Thence leaving said line, South 89018'11" East, 1321.82 feet to a point on the north-south
mid-section line of said Section 12;
Thence South 00032'05" West, 328.59 feet on said north-south mid-section line to the real point of
beginning. Said parcel contains 9.99 acres more or less.
PREPARED BY:
Engineering NorthWest, LLC
James R. Washburn, PLS
Kathleen Estates Annexation Dose.doc
Page I of I
EXHIBIT "B"
Engineering North West, LLC
423 N, Ancestor Place, Suite 180 Boise, Idaho 83704
\"'-VOJ .J/V-.JVVV -.A......... \_........, -. - ----
Project No, 05-026-01
Date: ApB~lWOO &-FILEO-
CITY OF EAGLE
KATHLEEN ESTATES
REZONE DESCRIPTION
APR 0 5 2006
File:
Route to:
A parcel ofland located in the SE 114 of the NW 114 of Section 12, T. 4 N" R. 1 W., B.M.,
Ada County, Idaho, more particularly described as follows:
Commencing at the 114 section corner common to Sections 1 and 12 of said
T. 4N.,R.l W.;
Thence South 00032'05" West, 2640.29 feet on the north-south mid-section line of said
Section 12 to the Center 1/4 section corner of said Section 12, said point being the REAL POINT
OF BEGINNING;
Thence North 89020'24" West, 1322.39 feet on the east-west mid-section line of said
Section 12 to the center-west 1/16 th section corner of said Section 12, said point also being the
southeast corner of Senora Creek Subdivision, as same is shown on the Plat thereof recorded in
Book 92 of Plats at Page 10898 of Ada County Records;
Thence North 00038'06" East, 329.44 feet on the north-south 1/16 th section line of the
NW 114 of said Section 12 and the easterly boundary line of said Senora Creek Subdivision;
Thence leaving said line, South 89018'11" East, 1321.82 feet to a point on the north-south
mid-section line of said Section 12;
Thence South 00032'05" West, 328.59 feet on said north-south mid-section line to the real point of
beginning. Said parcel contains 9.99 acres more or less.
PREPARED BY:
Engineering NorthWest, LLC
James R. Washburn, PLS
Kathleen Estates Rezone Dese.doc
Pagelofl
F....................................~lWaa8................................
3- .... .... 3NY1 lIl1Vd 'N ""''',",C' .. en ,",C'.nnc::
... 'llcr- ,----....-----
;j;;j
I
I
I
I
I
I
I
I
I
I
I
---u-i
'0
o
-
~-=-
U
(I)
~
~
II r::-
.~.-
~_X
-
a..
<(
~
w
Z
(/)2
ww
r-O::::
<(~
r-O
(f)l=
w~
w
ZZ
WZ
w<(
~ I
Iw
r--'
<(~
~w
lL.
o
>-
.....
(,)
(0
I-
en
I
><
W
I
- - -----..... , I
I ; III ;
l&l
!5
, .. :-.. ol( I
I i :::l ...J ~
ol(
~
g i
'"
'"
.,;
llb
,
I
,
I
.
I
--~
Mayor: Nancy C. Merrill
CITY OF EAGLE
P.O, Box 1520
Eagle, Idaho 83616
939-6813
Council: Stanley J. Bastian
Phil Bandy
Steve Guerber
Scott Nordstrom
CLERK'S CERTIFICATION
STATE OF IDAHO)
: ss.
County of Ada )
I, Tracy E. Osborn, the duly appointed, qualified and acting Deputy City Clerk of the
City of Eagle, County of Ada, State of Idaho, do hereby certify that the attached is a full,
true and complete copy of Ordinance No. 55 I passed and approved on the 12th day of
September, 2006.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed the official seal of
the City of Eagle, Idaho, this the 4th day of October, 2 06, [)
.......~~I!!acy.E.. sborn, Deputy Clerk
..' 6.t' ...._.... It "~
.. ,r.v..- 11;:.. ~
! O'~" ~SEm'
I >- ..0 , ~\ ~ :
: t- /If ." "'. -< :
:... 0 , r.."r ~: Q :
;,U '(,,) ~ ~T.:.....!
" ~ ,,0._:'(, ..
~ INCO........
"".." ....... <(" 0........
~~~ ST,,5 ",
"1, ""
."'.....,,,
RECEIVED & FILED I
CITY OF EAGLE
SEP 2 1 2006
Valley Times
P.C!. Box 1790 - Eagle, Idaho 83616
LEGAL ADVERTISING PROOF OF PUBLICATION
File:
Route to:
Account:
C~fJ 4 ECl~,~
(;~Of.CVILL",
Run Dates:
Identification:
Address:
September 18, 2005
{J It JA'r\ hI ~J.... AI 0, S 5 I
q-IV' Cb
ORDINANCE NO. 551
AN ORDINANCE ANNEXING CERTAIN REAL PROPERTY SlTUATESD IN
THE UNINCORPORATED AREA OF ADA COUNTY, IDAHO, AND CONTIGU-
OUS 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 PRO-
VIDING 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 have re-
quested. 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,
annexation or said real property to the City of Eagle; and
WHEREAS, the owners of the real property situated within the City of Eagle and
partinllarly described in Exhibit "B" of this ordinance have requested, in writing, a
rczone from RUT to R-3-DA; and
WHERFAS, the Planning and Zoning Commission of the City, pursuant to public
notil:c as required by law, held a public hearing on July 25th. 2006, as required by
Section 67-6525. ldaho Code, made findings and determined that the requested
annexation should be granted and that a zoning classification of R-3-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, THFREFORL BE IT ORDAINED BY THE MAYOR AND COUNCIL OF
THF CITY OF EAGLE, IDAHO. as follows:
Section I: The Eagle City Council hereby finds and declares that the real propety
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 1()r 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," attai.:hed, 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 or the public health, safety and welfare of the City of Eagle and the
residents and property therein that the real property panicularly described in
Exhibit "A" and generally as shown on Exhibit "8," 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, three
dwelling units per acre with a development agreement) District Classification R-3-
DA, all pursuant to the Zoning Ordinance of the City of Eagle. The City Council r ~
further finds and determines that said zone change is in accordance with the Eagle ~
Comprehensive Plan and relevant City Codes.
Section 4: The o{ficial Zoninl'Amount
to reflect the foregning chang
I ~ L{,'J I
Section 5: From and after th
persons within the boundaries
ordinances, resolutions, policdy sworn, deposes
of Eagle. l Principal Clerk of
. . . )aper published at
Section 6: The City Clerk IS h'laho. th t th 'd
and aprpoval of this Otdinanc, .' a e sal
of the Auditor Treasurer and :ulatlon In the said
State Tax Co~mission, Boise,icinity of Meridian,
and to comply with the provisen uninterruptedly
the preparation and filing of during a period of
annexed by thIS Ordmance. <s prior to the first
Section 7: This Ordinance sl wh ich is attached
passage, approval and publica! was published in
entire ordinance, a summary 11 Section 60-108,
Code, may be published. for -L time(s)
. )f said paper and
DATED thIS 12th day of Sept d 't.
Jper, an no In a
CITY COUNCIL OF THE cr~e was published
Ada County, Idaho 9 follow.ing dates:
D,\TFDllu l;lh day dSt::p:embcr2-"l'" l b U"...""0
eny COUNCIL or nIE CITY OF
.A"b County, idaho
i -th'l l -.i~. ;/
.~-~ __ II __ y-." _t: .
. ;t:~ ..?td. -Iu.-.
N<m(f C. M&'n\l. M?)-N
i i
ctl () {
'\TTtsr
rr',."--'
OF IDAHO)
)SS
UNTY OF ADA)
the year of 2006
,onally appeared
to be the person
day":S"k,,l([/"~ithin instrument
and Ci:n sald Staw, perl I d th t th '
known l0 n ec are a e
"".",m"dged to me that
,:NPOf3t:i0I1, a:ld JCkD(j\\:uted the same.
STATE OF lDAHO )
. ss
C\luntv of Ada
III \vitrws$ WhtT A. r hay..: l "rcJnlD $\"l
rilst\'diUc-n
Public for Idaho
IinJ at B,bise, 10
=) J- 7/ II
( ,
Note: The Vicinity M.
H-,pnt ~th ...~_____ _ n_U =-- -
Mayor: Nancy C. Merrill
October 4, 2006
Idaho State Tax Commission
P.O. Box 36
Boise, Id 83722
Dear Sir or Madame:
CITY OF EAGLE
P.O. Box 1520
Eagle, Idaho 83616
939-6813
ss
Council: Stanley J. Bastian
Phil Bandy
Steve Guerber
Scott Nordstrom
Enclosed herewith with please find a copy of Ordinance No. 551, No. 554 and No. 555
all of which were recorded on September 28, 2006, annexing property into the City of
Eagle. Also enclosed is the Clerk Certification.
If you have any questions I can be reached at Eagle City Hall, 939-6813.
Si erely,
Tracy E. sborn, CMC
Deputy Clerk
Encl.
/' /1, /oaf /015/0