Ordinance - 2006 - 555 - Annex/Rezone Eagle River 8.85 Acre - 09/12/2006
ADA COUNTY RECORDER J. DAVID NAVARRO
BOISE IDAHO 09/2B/06 01:52 PM
DEPUTY Vicki Allen
RECORDED - REQUEST OF
City 01 Eagle
AMOUNT
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5
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106154825
ORDINANCE NO. 555
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 "A" of this ordinance have requested, in writing, a rezone from RUT to MU-
DA; and
WHEREAS, the Planning and Zoning Commission of the City, pursuant to public notice as
required by law, held a public hearing on June 5, 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 11,2006, 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 ofMU-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.
Page 10f3
K\COUNClLlDratl Ordjllal1~CS',Ord 555ltIT;UZ;1 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 MU-DA (Mixed Use with a
development agreement) 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 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:\COU~C1L\Draft OrdlnanceslOrd 555 TelT<lZzadoc
DATED this 12th day of September 2006.
CITY COUNCIL OF THE CITY OF EAGLE
Ada County, Idaho
STATE OF IDAHO)
: ss,
County of Ada )
On this J:<' rJJ day of~&r , in the year o?~ , before me, the undersigned, a
N<?tary Public in and for said State, personally appeared MlrYAi C. /lkrn 1/ and
Sha tVrl K&~,YJ ' known to me to be the MAYOR and CITY CLERK of said municipal
corporation th executed 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.
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ATTEST:
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- Sharon' K. Bergmann, Eagle Cit Clerk
In witness whereof, I have hereunto set my hand and affixed my official seal the day and year
first written.
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Page 3 of 3
K\COUNClL\Dmli Ordinal1~t:s',Urd 555 Tt:ITazza do\:
RECEiVED E', ,;,,',;)
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IDAHO
SURVEY
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14 0 East Watertower St.
Su e 150
M ridian. Idaho 83642
File:
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Pone (208) 84(,-8570
ax (208) 884-5399
EXHIBIT "A"
Project No, 04-001
March 14,2005
Eagle River 5.85 Ac. Parcel Description
A parcel ofIand lying in Government Lot 3, Section 16, Township 4 North,
Range 1 East, Boise Meridian, Ada County, Idaho, more particularly described as
follows:
Commencing at the Northeast comer of Government Lot 3 (Center-North 1/16
comer), Section 16, Township 4 North, Range 1 East, B.M., Thence South 00046'13",
West 190.95 feet along the East line of Government Lot 3 to the REAL POINT OF
BEGINNING of this description;
Thence continuing South 00046'13" West 457.41 feet along the East line of
Government Lot 3 to a point;
Thence South 67044'36" West 421.41 feet to a point;
Thence South 83011 '50" West 93.00 feet to a point;
Thence North 01038'17" West 23.28 feet to a point;
Thence North 00059' 44" East 471.87 feet to a point;
Thence North 43015'18" East 103.60 feet to a point;
Thence North 66024'04" East 137.93 feet to a point;
Thence North 89032'44" East 283,60 feet to the REAL POINT OF
BEGINNING ofthis description;
Together with a perpetual easement as described in that certain Quitclaim Deed,
Instrument No. 8013655 which was intended to correct that certain perpetual easement as
described by Quitclaim Deed, Instrument No. 7963004,
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Valley Times
P.O. Box 1790 - Eagle, Idaho 83616
LEGAL ADVERTISING PROOF OF PUBLICATION
File:
Roule 10;
RECEIVED & FILED
CITY OF EAGLE
SEP 2 1 2006
G-~~ f'Q" A...t Identification: ~ MvtOo-" u.. ,t{~ '5'5':)
Account:
J L", Cf - I ~ ( 0 l
Address: 61~f, E, C,V,'L Run Dates:
[of Tl)
~("/~ Number Lines J(,r,. Amount 13),{,3
Attention: Other
Frank Thomason, being duly sworn, deposes
and says: That he is the Principal Clerk of
_~t:>Jk;wTiJna.s.'" WAAklv newsoa.oeLnublished at
1e said
1e said
!ridian,
uptedly
lriod of
he first
tached
iihed in
;0-108,
lime(s)
er, and
lot in a
blished
dates:
1.00 (,
-
ORDINANCE NO. 555
If-Iy-o/t
AN ORDINANCE ANNEXING CERTAIN REAL PROPERTY SITUATESD 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 CLASSIFICAITON 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 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
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 "An of this ordinance have 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 "An of this ordinance have requested, in writing, a
rezone from RUT to MU-DA; and
WHEREAS, the Planning and Zoning Commission of the City, pursuant to public
notice as required by law, held a public hearing on June 5th, 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 11th, 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 MU-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 ClTY 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
refurence, is contiguous to the City, that
said property can be reasonably assumed
to be used for the <lrderly development
of the City, and that the owner of said
property has requested, in writing, an-
nexation thereof to the City.
Seetlon 2: The real property, all situ-
ated in Ada County, Idaho, adjacent and
contiguous to the City, particularly de-
scribed in Exhibit "A" and as generally
shown 00 Exhibit "B,'" attached, is
hereby annexed to the incorporated ter-
ritorial 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 resi-
dents and property therein that the real
property particularly described in Ex-
hibit "A" and generally as shown on
Exhibit "B," attached hereto and incor-
porated by reference, is hereby removed
from the MU-DA (Mixed Use with a
development agreement) District Clas-
sification, all pursuant to the Zoning
Ordinance of the City of Eagle. The The
City Council further finds and determines
that said zone change is in accordance
with the Eagle Comprehensive Plan and
relevant City Codes.
Seetion 4: The official Zoning Map of
the City of Eagle, Idaho, is hereby
amended to reflect the foregoing change
in zoning classification.
Section S: From and after the effective
date of this Ordinance, all property and
persons within the boundaries and terri-
tory described above shall be subject to
all ordinances. resolutions, police regu-
lations, taxation and other powers of
the City of Eagle.
'-\
2l~O G
)AHO)
)SS
'ADA)
)f 2006
peared
person
ument,
:hat the
ne that
!same.
,r Idaho
)~e, 10
, I
Ii
'For 'I1ie rpeopfe of Mano
IH..CU'vt:U I~ HLd)
CITY OF l::AGLE
NOV 2 7 2006
STATE TAX COMMISSION
FH8:
800 Park Blvd.. Plaza IV . Boise. ID . 83722
Rout'!' '~''J:
November 13, 2006
Sharon Moore
Eagle City Clerk
660 Civic Lane
Eagle, ID 83616
Subject: Ordinance No.
555 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 ifthere are issues. You can
contact me by email at gis((utax.idaho.gov or by phone at 208-334-7750. Thank you for
your cooperation.
Sincerely,
~:!F~~
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 Opportunity Employer
Hearing Impaired Callers TDD 1-800-377-3529