Ordinance - 2006 - 553 - Annex/Rezone Brutsman Subdivision - 10/06/2006
ADA COUNTY RECORDER J. DAVID NAVARRO
BOISE IDAHO 10/12/06 02:06 PM
DEPUTY Patti Thompson 11111111111\ 1111111111111111111111111
R.ECORDED - REQUEST OF 106161992
City 01 Eag Ie
AMOUNT .00
5
ORDINANCE NO. 553
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, pursuant to Chapter 65, title 67, Idaho Code, the City of Eagle has the authority to
adopt, establish and amend a Zoning Ordinance; 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-4-
DA; and
WHEREAS, the property described in Exhibit "A" is located at 10895 Horseshoe bend Road;
and
WHEREAS, the Planning and Zoning Commission of the City, pursuant to public notice as
required by law, held a public hearing on May 15, 2006, as required by Section 67-6525, Idaho
Code, for rezone application # RZ-03-06 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, for annexation and rezone
application #'s A-03-06 and RZ-03-06 made findings and determined that the requested
Page I of3
K:\COU:-.iClL\Draft Ordinances\Qrd 553 Donna Weston doc
annexation should be granted and that a zoning classification of R-4-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.
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 four
dwelling unit per acre with a development agreement) District classification R-4-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 50-901 A, Idaho Code, may be published.
Page 2 of3
K:\COU),IClL\Draft Ordinances\Ord 553 Donna Weston. doc
DATED this 10th day of October 2006.
CITY COUNCIL OF THE CITY OF EAGLE
Ada County, Idaho
f
Sharon K. Bergmann, Eagle Ci
STATE OF IDAHO)
: ss.
County of Ada )
On this J 0 day of a.bh.f r , in the ye (0 , befjj>re me, the undersigned, a
otary Public in and for said State, personally appeared G. I and
/'i , known to me to be the MAYOR and CITY CLERK of said municipal
corporation that xecuted 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 hand and affixed my official seal the day and year
first written.
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K:\CQUNCIL'Dmft Ordinances\QrJ 553 Donna Westolu.Joc
BOUNDARY LEGAL DESCRIPTION
A Parcel of land located in the Northeast 1/4 of Section 10, Township 4 North, Range 1 East,
Boise Meridian, City of Eagle, Ada County, Idaho and described as follows:
Basis of Bearing being the East line of said Northeast 1/4 derived from found monuments and
taken as South 00000'00" East.
COMMENCING at an aluminum cap marking the Northeast corner of said Northeast 1/4, thence
South 00000'00" East a distance of 1317.80 feet to an aluminum cap marking the Southeast
corner of the Northeast 1/4 of the Northeast 1/4, thence continuing South 00000'00" East a
distance of 28.16 feet to a point from which a brass cap monument marking the Southeast
corner of said Northeast 1/4 bears South 00000'00" East a distance of 1289.61, thence
South 89046'45" West a distance of 40.00 feet to a 5/8 inch rebar marking the POINT OF
BEGINNING;
thence along the North line of Shadowridge Subdivision as it is recorded in Book 91 at Page
10739 South 89046'45" West a distance of 1,282.35 feet to a 5/8 inch rebar;
thence along the West line of the Southeast 1/4 of the Northeast 1/4 North 00017'02" West a
distance of 13.29 feet to an aluminum cap marking the Southwest corner of said Northeast 1/4
of the Northeast 1/4;
thence along the West line of the said Northeast 1/4 of the Northeast 1/4 North 00017'54" West
a distance of 151.71 feet to a 5/8 inch rebar;
thence leaving said West line and along the South line of Shadowview Subdivision as it is
recorded in Book 92 at Page 11010 North 89046'45" East a distance of 1,283.31 feet to a 5/8
inch rebar;
thence leaving said South line South 00002'16" West a distance of 165.00 feet to the POINT OF
BEGINNING.
Said Parcel containing 211,664 square feet or 4.859 acres more or less and is subject to all
existing easements and rights-of-ways of record or implied.
END OF DESCRIPTION.
Craig R. McCullough P.L.S. 6901
Timberline Surveying
35 14th Ave. South
Nampa, Idaho 83651
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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 ofIdaho, do hereby certify that the attached is a full,
true and complete copy of Ordinance No. 553 passed and approved on the 10th day of
October, 2006.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed the official seal of
the City of Eagle, Idaho, this the 23rd day of October, 2 06.
(SEAL)
sborn, Deput{: Clerk
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Valley Times
P.O. Box 1790 - Eagle, Idaho 83616
LEGAL ADVERTISING PROOF OF PUBLICATION
RECEIVED & FILED
CITY OF EAGLE
OCT 2 : 2006
File:
Route to:
Account: C"fJ i E"-~)JJ Identification: cr ^ cG f\.J. "- "'- fVG 5T3
Address: (p (~O r= c 'y,' < L't Run Dates: I D- ( ~ '() /.,
ro<:.iL , IV
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October 16, 2006 _ Number lines Amount
STATE OF IDAHO)
)SS
~ COUNTY OF ADA)
~ in the year of 2006
Jlic, personally appeared
d to me to be the person
to the within instrument,
sworn, declared that the
3cknowledged to me that
~executed the same.
Notary Public for Idaho
. Residinr at Bo)s,e/ 10
. ~ . x Ire . 2.. 7 1/
~, In Ihe yea , hefore me. lhe unde"..gned. a p s. '5 ( ,I
personally appeared .. C.JJk.fJ1!/- and
'" me to be the MA VOR and !TV CLERK of said mOlucipal
.ment and the persons who executed the said instrUment on
/lowledged to- me that such corporation executed the same
ORDINANCE NO, 553
'lII (residential, four ~lling wiits per acre with a
classification R-4-DA, all pursuant to the Zoning Ordi_
,City. Council further finds and determines that said zone
;omprehensive Plan and relevant City Codes.
AN ORDINANCE ANNEXING CER-
TAIN REAL PROPERTY SITUATED IN
THE UNINCORPORATED AREA OF
ADA COUNTY, IDAHO, AND CON-
TIGUOUS TO THE CORPORATE LIM-
ITS OF THE CITY OF EAGLE. TO THE
CITY OF EAGLE, IDAHO; ESTABLISH-
ING THE ZONING CLASSIFICATION
OF SAID REAL PROPERTY DE-
SCRIBED HEREIN; AMENDING THE
ZONING MAP OF THE CITY OF EAGLE
TO REFLECT SAID CHANGES; DI-
RECTING THAT COPIES OF THIS OR-
DINANCE BEFILEDAS PROVIDED BY
LAW; AND PROVIDING AN EFFEC-
TIVE DATE,
~ City of Eagle, Idaho, is hereby amended to
,,"sification.
late of this Ordinance, all property and persons
..,lnbed above shall be subject to all ordinances,
I and other powers of the City of Eagle.
rected to file, within ten (10) days of passage and
d copy of this Ordinance with the offices of the
Ida County, Idaho, and with the Idaho State Tax
id by Section 50-223, Idaho Code, and to comply
5, Idaho Code, with regard to the preparation and
,f the real property annexed by this Ordinance.
WHEREAS, the City of Eagle, Idaho is a
municipal corporation organized and oper-
ating under the laws of the Stale ofIdaho
and is authorized to annex to and incorpo-
rate within the boundaries of the City con-
tiguous real property in the manner pro-
vided by Section 50-222, Idaho Code; and
: effect and be in force from and after its passage.
~y law. In lieu of publication of the entire ordinance,
h Section 50-901 A, Idaho Code, may be published.
D6.
, EAGLE
WHEREAS, pursuant to Chapter 65, Title
67, Idaho Code, the City of Eagle has the
authority to adopt, establish and amend a
Zoning Ordinance; and
)6.
AGU'
WHEREAS, the owners of the real prop-
erty 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
~-
rk
WHEREAS, the owners of the real prop-
erty situated within the City of Eagle and
particularly described in Exhibit "A" of this
ordinance have requested, in writing, a re-
zone from RUT to R-4-DA; and
WHEREAS, the property described in Ex-
hibit "A" is located at 10895 Horseshoe
Bend Road; and
WHEREAS, lhe Planning and Zoning
Commission ofthe City, pursuant to public
notice as required by law, held a public
hearing on May 15th, 2006. as required by
Section 67-6525. Idaho Code, for rezone
application # RZ-03-06 and made a recom-
tT\pnc\~ti.on to the Mavof'3l1d Council; and
, ~ set my hand and affixed my official seal the day and year
'I' ~lJt:'1,tA
' . 4.. ,'"'k W /, lt1<\lllfY Puhlic
ling duly sworn, deposes
::-s the Principal Clerk of
) ewspaper published at
r l of Idaho; that the said
. 31 circulation in the said
[ the vicinity of Meridian,
as been uninterruptedly
I ::lunty during a period of
~ weeks prior to the first
-JPY of which is attached
notice was published in
-lity with sectTn 60-108,
mded, for time(s)
issue of said paper, and
lper proper, and not in a
3id notice was published
on the follq"l'ing dates:
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'For 'Ilie PeopCe of Malio
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CITY OF EAGLE
STATE TAX COMMISSION
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800 Park Blvd., Plaza IV . Boise, ID . 83722
November 13, 2006
~""'-'-~-~.._-
Sharon Moore
Eagle City Clerk
660 Civic Lane
Eagle, ID 83616
Subject: Ordinance No.
553 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 if there are issues. You can
contact me by email at gis(ciJ,tax.idaho.gov or by phone at 208-334-7750. Thank you for
your cooperation.
Sincerely,
~gHA#~
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