Ordinance - 2007 - 553A - Annex/Zone Brutsman Subdivision - 01/09/2007
ADA COUNTY RECORDER J. DAVID NAVARRO
BOISE IDAHO 02122107 01:40 PM
DEPUTY Patti Thompson
RECORDED - REQUEST OF
City 01 Eagle
AMOUNT .00
5
11111111111111111 III III II 111111111111
11371325534
ORDINANCE NO. 553A
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 1 I, 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
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K:\COUNCIL\Draft Ordinanccs\Ord 553A RZ-3~06 Donna Weston (Brutsman].doc
annexation should be granted and that a zoning classification ofR-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:
Sedion 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.
Semon 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.
Semon 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.
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DATED this 9th day of January 2007.
CITY COUNCIL OF THE CITY OF EAGLE
Ada County, Idaho
STATE OF IDAHO)
: ss.
County of Ada )
On this q day of \. ]a nu a ~ ' in the year~W 7 ,before me, the undersigned, a
Notary Public in and for said State, p sonallyappeared Na /JC6 {: meNI / / and
~mn K Mv~aH 1"1 , known to me to be the MAYOR and ITY CLERK of said municipal
corporation t executed thIS mstrument and the persons who executed the sllld mstrument on
behalf of said corporation, and acknowledged to me that such corporation executed the same,
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K:\COUNCIL\Draft Ordinances\Ord 55JA RZ-J.06 Donna Weston [Brulsman].doc
ANNEXATION LEGAL DESCRIPTION
A Parcel ofland 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 monumcnts
and taken as South 00000'00" East.
Beginning at a point on said East line and from which the Northeast comer of said
Northeast 1/4 bears North 00000'00" West a distance of] 180,94 feet, thence along said
East line South 00000'00" East a distance of ] 36.84 feet to a point marking the Southeast
comer of the Northeast 1/4 of the Northeast ]/4;
Thence continuing along said East line South 00000'00" East a distance of 28.16 feet to a
point from which the Southeast comer of said Northeast 1/4 bears South 00000'00" East
a distance of] 289,62 feet;
thence leaving said East line South 89046'45" West a distance of 1,383,56 feet;
thence North 000 17'50" West a distance of 165,00 feet;
thence North 89046'45" East a distance of 1,384.42 feet to the POINT OF BEGINNING.
Said Parcel contains 228,356 square feet or 5,24 acres, more or less, and is subject to all
existing easements and rights-of-ways of record or implied.
END OF DESCR]PTION,
Craig R. McCullough P.L.S. 6901
Timberline Surveying
847 Park Centre Way, Suite 1
Nampa, Idaho 8365]
208-465-5687
EXHIBIT "A"
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Valley Times
P.O. Box 1790 - Eagle, Idaho 83616
LEGAL ADVERTISING PROOF OF PUBLICATION
RECEIVED 8< FILE.[)
CITY OF EAGLE
MAi~ 0 8 2007
File:
Route to:
Account: CJ] of Eaj G Identification: (J-{\ Jv.' '" Ci..11 U No ,l))3A
Address: G~o ~. (,'v,"\...... l... Run Dates: 3-5 '0,
[u." L. TD
I ~" 11- 2'20 111.t()
J:'l.umberl.ines _ Amount
Page 4
ORDINANCE NO. 553A
AN ORDINANCE ANNEXING CERTAIN REAL PROPERTY SITUATED IN THE
tJNlNCORPORATED 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 PROP-
ERTY DESCRIBED HEREIN; AMENDING THE ZONING MAP OF THE CITY OF
EAGLE TO REFLECT SAID CHANGES; DIRECTING THAT COPIES OF THIS
ORDINANCE BY FILED AS PROVIDED BY LAW; AND PROVIDING AN EFFEC-
TIVE DATE.
WHEREAS, the City of Eagle, Idaho is a municipal corporation organized and oper-
ating under the laws of the State of Idaho and is authorized to annex to and incorpo-
rate within the boundaries of the City contiguous real property in the manner pro-
vided 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;
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 15th, 2006, as required by
Section 67-6525, Idaho Code, for rezone application #RZ-03-06 and made a recom-
mendation 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 I !th, 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 annexation should be granted and that a zoning classi-
fication of R-4-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. THERP.FORF RF IT ()RnAu..n::'n RV TUP 'UAVr\D Alt..lr\ rrnTl<t.T,...,n noT:'
son, being duly sworn, deposes
That he is the Principal Clerk of
Neekly newspaper published at
ty, State of Idaho; that the said
1 general circulation in the said
and in the vicinity of Meridian,
and has been uninterruptedly
said County during a period of
3cutive weeks prior to the first
3, a copy of which is attached
~t the notice was published in
1formitywith Sectiqn 60-108,
amended, for --L time(s)
~ltire issue of said paper, and
vspaper proper, and not in a
,,3t said notice was published
on the following dates:
c,\ ctr (.l..,- Lee 7
(), )
N( 2
:h
\.:lll
bd'a vel. \-
[oc7
ill""
Im,'--r\
lJ.tv)'yl.~_
STATE OF IDAHO)
)SS
COUNTY OF ADA)
...&L in the year of 2007
)Iic, personally appeared
~ ~'j to me to be the person
t, to the within instrument,
Basis otSworn, declared that the
ments acknowledged to me that
he executed the same.
Beginnin~
NortheaSI .
Notary PubliC for Idaho
Resicfu1g t Boise,ID
ires: ') ~) '7 i I
-0
rh Uplrl
For The Teop1 of Idaho
STATE TAX COMMISSION
800 Park Blvd., Plaza IV • Boise, ID • 83722
July 6, 2007
Sharon Bergmann
Eagle City Clerk
660 Civic Lane
Eagle, ID 83616
Subject: Ordinance No. 553A EAGLE (CITY)
Dear Ms. Bergmann:
RECEIVED & FILED
CITY OF EAGLE
JUL 1 2 2007
File'
Route to -
The Idaho State Tax Commission (ISTC) received the documentation that was provided
for the annexation of real property in EAGLE (CITY), for tax year 2008. We approve the
map and legal description; however this approval is limited to the acknowledgement that
the map and legal description meet the requirements of Section 63-215 Idaho Code, and
Idaho State Tax Commission Rule 225.
Please review the documentation for accuracy 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 Qis(cr�,tax.idaho.gov or by phone at
208-334-7750. Thank you for your cooperation.
Sincerely,
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