Loading...
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 .00 5 1111111111111111111111111111111111111 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. ~"',.......",... ..." C\'tY Op ;,... " /.":,...... ~ .... ~ -. "1 .. :: . . eORI'o .. 0 .~ ::. <t' .. t'" ~ : ~ '1,.-: . ,..... . lU . : (f.l i n ~., {!\ : : : ~ ~u<: :: \ 7' ".... -1 ~ I If . 1.0 LV <... ~, · ~~;~ ":m~ .' ~~~ OP1D'" 'ilO _", 'I, "' I"~ ',".......'.' ATTEST: ~~~~ - 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. ~ ."t,tl"'''". ." '"Ob "" . " \..)SD. "'IV "'" Y1 No:cry PliO ic"> .......0.... ~.. , .... . e :; \ Residing at~ c....lA'W.0' f "'/ '\ p'.\t Y \ My Commission Expires: J~~4f:? _.' u .o! "" ~ a ... "'. ..,.., .. :. ~ .o,.V: -...: ~,:, .j) p\J V <& ~: .....- 4- -.. . I!;. /:) :' ""... .-tI.....('!"',...~.. '"'.. ........ ';~.; (,.' , ',.... ~."," I,ll-f., ' A ! \. ~, -Ir_ Page 3 of 3 K\COUNClL\Dmli Ordinal1~t:s',Urd 555 Tt:ITazza do\: RECEiVED E', ,;,,',;) Ci~"'y '''r.: I.::AGd:: IDAHO SURVEY GROUP FC':"l of f" ,...~'-" ..,(,;. I ,; '-~vJ 14 0 East Watertower St. Su e 150 M ridian. Idaho 83642 File: 0: 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, Professional Land SurveVOt"s ~~~~ .~ ~~,,~ ~>"~ O~~G~ ~:;~~~ ~~~~ 0 ~ :;~e~~ g ~ I ~! >- ~< <! ~ w '~d~ ~ ~ > ;;!~~2 ;5 ~ ~ili ~ ~.~~g 0 0 . r~ : ~I;~~ " . Ul ~~ Z 0 ~ ~ ~ Z ~ ~ ~ i U ~ B ~ w ~!3 o f~ ~ w '- ~ m ~ f- ~ ~~ - Q~~ W >- ~ W W ~~~ () ~. "'-"d o ~ ~... ~"~U W 8 ~ i ;;( '8 t1 Z ~ ~~ f- W l:: i ~ ~ ~ ~ g ~ ~ <( ~~~~~ > ~ --' ~~ < ~ ~ L ~ 0 cr:: U III l:Il LJ JI' Q .~ iL ~~.I~ ~ " Sb ::::) F ~:~~; (j) L~ tr ~ " " w ~ d 0 ~ii~~ ~Ii LL ~ .00 o III . ::llQ;;)~:R ~. 0 ~~!1:;g ~g 0 ~~@ n 0 ~ o~ ~o cr:: ~~h~ 0 U W cr:: ~ :; ~ ~ il - !M ~ " ~ i~~ i~:;ii 1-., " s....) .J l,-------------___ ... 8~8 ;~ ~ -------,l9ozn M .fl.~.OO s-~l _ . l.~ ___ ____. , , ", "15i;\~ /~- ~.." ':..X _ _ _ I -"~) ~r..::....,,*, I ,- ~~--------cit- - - - - _ _ _ _ "''<l9- . ~ "O~ - - ' -------,;'m-.-.h...oo s Ir,\ I ~;!1f~'ffi01f' ~~\ \ "~';"C~,~, ,'~\- ~ ,~ ii ii ~:i ~ t\ "^\;\ 7~ i >.! ~ ~~ i;\ " \:.\ \'!>\ uI ' ,I 'IW' ffi ""1l:~\'1-, IJ' . mr ~ \\\<~'" ~ !.i i gi"1 ~ ~\~\ f \ ~~i~.'.~ !~.~ i'\ --n \, II ;:~.: ~~ \, iti~ \~~~l ~~~~~ i! ~i ~;,~ ~l \~ I ;iig~ i- -1'- '" ~~~!. .~ .!"'~,.!b, r'-~ I!~ ~!~~6 Ii} Ii "'"" -1.-~) ______ " }R ;;e.; ~~ ~"''';--------2'lL''j:".&s.OO-N .! \\~ hU:~U! '.j Ii, \ ~'" i! ~\\!o~ ~ I, ~ E1 ~ l\' i5 !jj \ \z ~ II ~ ~ \\, ~ , I ~ '" ~~ ~ ~ ~ ~ I- en I x W 0 iii . ~ !t : I co ~~ CI . . I ~ !~ i5 II: ~:::i III ~_ I !ii I ~ - ~ '" <:> 8 6 ::> > 0 i:J m , ~ -0 0 b~~ I ~~ N -'0::9 , T ~ - - I 8~~ ~ ~U z".ii :;: ,,'" -.u ::; ,,'" 0-. 0 '" ~~~ Z ~ ~ x w ~ 0 ~ " Z " i'5 u w " " o ~~ ~ " ,,; n z is il w a 0 ~. !-~ ~i;\ ~ ---------------..., , , , ---------.- ----- -~ b s-~~~1~~ r?:::~!l~~~ W1)l1..fI~.IIl,5 .,."'~.m!"ihf -- - < ",t"<"):tl,h~ .~ ~, ~1~~t~wp " 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