Ordinance - 2007 - 568 - Annex/Rezone Eaglefield Estates - 03/27/2007
ADA COUNTY RECORDER J. DAVID NAVARRO
BOISE IDAHO 04/05107 01:44 PM
DEPUTY Patti Thompson
RECORDED-REQUEST OF
CUy 01 Star
AMOUNT .00
14
III 1111111111111111111111111111 II 11I1
11371348186
ORDINANCE NO. 568
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 Exhibits "C, D, E, and F" 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 Exhibits "C, D, E, and F" of this ordinance have requested, in writing, a rezone from
RR to MU-DA-P, R-4-DA-P, R-3-DA-P, and R-2-DA-P; and
WHEREAS, the Planning and Zoning Commission of the City, pursuant to public notice as
required by law, held a public hearing on September 19,2005 and October 3, 2005, 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 December 13,2005 and January 24,2006, on the proposed annexation and zoning for
the real property described in Exhibit "A and B" 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-P, R-4-DA-P, R-3-DA-P, and R-2-DA-P for the property described in
Exhibits "C, D, E, and F" is appropriate to meet the requirements of Idaho Code, Eagle City
Code and the Eagle Comprehensive Plan and should be granted.
Page 1 of3
K\COUNClL\Draft Ordinances\Ord 568 Eaglefield I & 2 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 Exhibits "A, C, D, E, and F", 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 Exhibits "A, C, D, E, and F" and as generally shown on Exhibits
"A and 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 Exhibits "C, D, E, and F" and generally as shown on
Exhibits "A and B", attached hereto and incorporated by reference, is hereby removed from the
RR (Rural Residential) District classification and is hereby included in the Mixed Use (Mixed
Use with development agreement PUD) District Classification MU-DA-P, Residential (four units
per acres maximum with development agreement PUD) District Classification R-4-DA-P,
Residential (three units per acres maximum with development agreement PUD) District
Classification R-3-DA-P, and Residential (two units per acres maximum with development
agreement PUD) District Classification R-2-DA-P, 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:\COUNCILIDraft OrdinanceslOrd 568 Eaglefield 1 & 2 doc
DATED this 2th day of March 2007.
CITY COUNCIL OF THE CITY OF EAGLE
Ada County, Idaho
~;'rif.'~~
Nancy . Merri ,Mayor
STATE OF IDAHO)
: ss.
County of Ada )
On this ~ day of At?!7 i , in the year4tJ07- , before me, the undersigned, a
Notary Public in and for said State, personally appeared NANCY C. MERRILL and SHARON
K. BERGMANN, known to me to be the MAYOR and CITY CLERK of said municipal
corporation that executed 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.
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In witness whereof, I have hereunto set my hand and affixed my official seal the day and year
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Page 3 of3
K:ICOUNClUDraft OrdinanceslOrd 568 Eaglefield I & 2.doc
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EXHIBIT "e"
IDAHO
SURVEY
GROUP
1450 East Watenower St.
Suite 150
Meridian, Idaho 83642
Phone (208) 846-8570
Fax (208} 884-5399
Project No. 04-155
March 22, 2007
DESCRIPTION FOR
MU-DA-P ZONE
EAGLEFIELD ESTATES
A parcel of land being a portion of Lots 4 and 5 of the Compton Andrews Tract as
filed in Book 5 of Plats at Page 223, records of Ada County, Idaho, and a portion of the
SE1/4 all located in Section 11, TAN., R.1W., B.M., Ada County, Idaho more
particularly described as follows:
Commencing at the SE 1 /16 corner of said Section 11;
thence along the West boundary line of the SE1/4 of the SE1/4 of said Section
11 South 00040'44" West, 158.24 feet to the REAL POINT OF BEGINNING;
thence leaving said West boundary line North 75000'00" East, 654047 feet to the
beginning at a curve to the left;
thence along said curve 28.65 feet, said curve having a radius of 500.00 feet, a
central angle 03017'00" and a long chord of 28.65 feet which bears North 73021 '30"
East a point on the West boundary line of Irish Acres Subdivision as filed in Book 65 of
Plats at Page 6694, records of Ada County, Idaho;
thence along said West boundary line and the southerly extension thereof South
00049'28" West, 741.32 feet to the SW corner of Lot 5 of said Compton Andrews Tract;
thence along the South boundary line of said Lot 5 South 89041 '22" West, 113047
teet to a point on the southerly right-at-way line of State Highway 44;
thence North 13023'47" West, 60.00 feet to a point on the centerline of said State
Highway 44, said point also being on a curve to the left;
thence along said centerline and said curve 545.55 feet, said curve having a
radius at 22918.31 feet, a central angel of 01021'50" and a long chord of 545.53 feet
which bears South 75055'18" West to a point on the West boundary line of the SE1/4 of
the SE1/4 at said Section 11;
thence leaving said centerline and said curve and along said West boundary line
North 00040'44" East, 638.66 feet to the REAL POINT OF BEGINNING, containing 9.91
acres, more or less.
Prepared by:
Idaho Survey Group, P
Gregory G. Carter, P.L.S.
Y:\Double 0 140 Acre Bndy (04-155)\Documentslzone mu DESC1.doc
EXHIBIT "0"
1 of 3
IDAHO
SURVEY
GROUP
1450 East Watertower Sc.
SUite J 50
Meridian. Idaho 83642
Phone (20B) 846-8570
Fax (208) 884-5399
Project No. 04-155
March 22, 2007
DESCRIPTION FOR
R-4-DA-P ZONE
EAGLEFIELD ESTATES
A parcel of land being a portion of Lots 1, 2, 3, 4, 6 and 8 of Newell's Acreage as
filed in Book 6 of Plats at Page 248, records of Ada County, Idaho and a portion of the
W1/2 of the SE1/4 of Section 11, TAN., R.1W., B.M., Ada County, Idaho more
particularly described as follows:
Commencing at the N1/4 corner of said Section 11 from which the NE corner of
said Section 11 bears South 89019'36" East, 2644.52 feet;
thence along the North-South centerline of said Section 11 South 00031 '17"
West, 2642.58 feet to the C1/4 corner of said Section 11;
thence South 89025'59" East, 75.32 feet;
thence South 50055' 11" East, 46.61 feet;
thence South 43024'35" East, 75.33 feet to a point on a curve to the right;
thence along said curve 152.88 feet, said curve having a radius of 265.00 feet, a
central angle 33003'15" and a long chord of 150.77 feet which bears South 43028'21"
East to the point of tangency;
thence South 26056'44" East, 67.51 feet to the beginning of a curve to the left;
thence along said curve 180.94 feet, said curve having a radius of 635.00 feet, a
central angle 16019'34" and a long chord of 180.33 feet which bears South 35006'31"
East to the point of tangency;
thence South 43016'18" East, 165A6 feet to the beginning of a curve to the right;
thence along said curve 153.92 feet, said curve having a radius of 635.00 feet, a
central angle 13053'16" and a long chord of 153.54 feet which bears South 50012'56"
East to the point of tangency;
thence South 57"09'34" East, 134.05 feet to the beginning of a curve to the right;
thence along said curve 129.39 feet, said curve having a radius of 265.00 feet, a
central angle 27"58'31" and a long chord of 128.11 feet which bears South 43010'19"
East to the REAL POINT OF BEGINNING;
Y:\Double D 140 Acre Bndy (04-155)\Documentslzoner R.4 DESC.doc
EXHIBIT "D"
2 of 3
thence South 10013'18" West, 10.33 feet;
thence South 64048'23" West, 125.64 feet;
thence North 25011 '37" West, 121.00 feet;
thence South 65021'31" West, 76.41 feet;
thence South 77029'31" West, 55.48 feet;
thence North 86052'27" West, 55.51 feet;
thence North 72020'41" West, 69.93 feet;
thence North 80014'44" West, 106.79 feet;
thence South 73041 '57" West, 116.48 feet;
thence South 46035'47" West, 114.08 feet;
thence North 70023'44" West, 82.41 feet;
thence North 05013'17" West, 129.88 feet;
thence North 47"08'34" West, 126.92 feet;
thence South 83019'24" West, 130.37 feet;
thence South 34038'23" West, 103.26 feet;
thence North 53007'17" West, 63.73 feet;
thence North 89045'34" West, 114.67 feet;
thence South 51001 'OT' West, 132.31 feet;
thence North 81003'44" West, 183.77 feet;
thence North 64009'40" West, 111.66 feet;
thence North 82051 '1 0" West, 113.37 feet;
thence South 88036'59" West, 239.95 feet;
thence North 74021 '30" West, 61.14 feet;
thence North 89027'51" West, 107.16 feet to a point on the West boundary line of
said Newell's Acreage Subdivision;
thence along said West boundary line of South 00032'09" West, 658.28 feet to
the SW corner of said Newell's Acreage Subdivision;
Y:\Double D 140 Acre Bndy (04-155)\Documentslzoner R-4 DESC.doc
EXHIBIT "D"
3 of 3
thence along the South boundary line of said Newell's Acreage Subdivision
South 89026'33" East, 1313.72 feet to the C-S 1 /16 corner of said Section 11;
thence continuing along said South boundary line and the easterly extension
thereof South 89025'15" East, 1316.47 feet to the SE1/16 corner of said Section 11;
thence along the West boundary line of the SE1/4 of the SE1/4 of said Section
11 South 00040'44" West, 158.24 feet;
thence leaving said West boundary line North 75000'00" East, 654.47 feet to the
beginning of a curve to the left;
thence along said curve 28.65 feet, said curve having a radius of 500.00 feet, a
central angle 03017'00" and a long chord of 28.65 feet which bears North 73021 '30"
East;
thence North 00049'28" East, 735.72 feet;
thence North 89024'33" West, 659.33 feet to a point on the East boundary line of
the NW1/4 of the SE1/4 of said Section 11;
thence along said East boundary line North 00040'44" East, 20.00 feet;
thence leaving said East boundary line North 89024'33" West, 146.74 feet to the
beginning of a curve to the right;
thence along said curve 219.55 feet, said curve having a radius of 175.00 feet, a
central angle 71052'55" and a long chord of 205.43 feet which bears South 80023'05"
West;
thence South 32050'26" West, 103.13 feet;
thence South 33050'51" West, 135.99 feet to the REAL POINT OF BEGINNING,
containing 50.27 acres, more or less.
Gregory G. Carter, P.L.S.
Y:\Double 0140 Acre Bndy (04-155)\Documents\zoner R-4 DESC.doc
IDAHO
SURVEY
GROUP
EXHIBIT "E"
1 of 3
1450 EastWatertower St.
Suite 150
Meridian, Idaho 83642
Phone (208) 846-8570
Fax (208) 884-5399
Project No. 04-155
March 22, 2007
DESCRIPTION FOR
R-3-DA-P ZONE
EAGLEFIELD ESTATES
A parcel of land being a portion of Lots 1 through 8 of Newell's Acreage as filed
in Book 6 of Plats at Page 248, records of Ada County, Idaho located in Section 11,
TAN., R.1W., 8.M., Ada County, Idaho more particularly described as follows:
Commencing at the N1/4 corner of said Section 11 from which the NE corner of
said Section 11 bears South 89019'36" East, 2644.52 feet;
thence along the North-South centerline of said Section 11 South 00031' 17"
West, 2642.58 feet to the C1/4 corner of said Section 11, said point also being the
REAL POINT OF BEGINNING;
thence South 89025'59" East, 75.32 feet;
thence South 50055'11" East, 46.61 feet;
thence South 43024'35" East, 75.33 feet to a point on a curve to the right;
thence along said curve 152.88 feet, said curve having a radius of 265.00 feet, a
central angle 33003'15" and a long chord of 150.77 feet which bears South 43028'21"
East to the point of tangency;
thence South 26056'44" East, 67.51 feet to the beginning of a curve to the left;
thence along said curve 180.94 feet, said curve having a radius of 635.00 feet, a
central angle 16019'34" and a long chord of 180.33 feet which bears South 35006'31"
East to the point of tangency;
thence South 43016' 18" East, 165046 feet to the beginning of a curve to the right;
thence along said curve 153.92 feet, said curve having a radius of 635.00 feet, a
central angle 13053'16" and a long chord of 153.54 feet which bears South 50012'56"
East to the point of tangency;
thence South 5r09'34" East, 134.05 feet to the beginning of a curve to the right;
thence along said curve 129.39 feet, said curve having a radius of 265.00 feet, a
central angle 2r58'31" and a long chord of 128.11 feet which bears South 43010'19"
East;
Y:\Double D 140 Acre Bndy (04-155)\Documentslzoner R-3 DESC.doc
EXHIBIT "E"
2 of 3
thence South 10013'18" West, 10.33 feet;
thence South 64048'23" West, 125.64 feet;
thence North 25011'37" West, 121.00 feet;
thence South 65021'31" West, 76.41 feet;
thence South 7r29'31" West, 55.48 feet;
thence North 86052'27" West, 55.51 feet;
thence North 72020'41" West, 69.93 feet;
thence North 80014'44" West, 106.79 feet;
thence South 73041 '57" West, 116.48 feet;
thence South 46035'47" West, 114.08 feet;
thence North 70023'44" West, 82.41 feet;
thence North 05013'17" West, 129.88 feet;
thence North 4r08'34" West, 126.92 feet;
thence South 83019'24" West, 130.37 feet;
thence South 34038'23" West, 103.26 feet;
thence North 53007'17" West, 63.73 feet;
thence North 89045'34" West, 114.67 feet;
thence South 51001'07" West, 132.31 feet;
thence North 81003'44" West, 183.77 feet;
thence North 64009'40" West, 111.66 feet;
thence North 82051'10" West, 113.37feet;
thence South 88036'59" West, 239.95 feet;
thence North 74021'30" West, 61.14 feet;
thence North 89027'51" West, 107.16 feet to a point on the West boundary line of
said Newell's Acreage Subdivision;
thence along said West boundary line of North 00032'09" East, 664.91 feet to the
NW corner of said Newell's Acreage Subdivision;
Y:\Double 0140 Acre Bndy (04-155)\Documentslzoner R-3 DESC.doc
EXHIBIT "E"
3 of 3
thence along the North boundary line of said Newell's Acreage Subdivision South
89025'59" East, 1313.09 feet to the REAL POINT OF BEGINNING, containing 28.36
acres, more or less.
Prepared by:
Idaho Survey Group, P.C.
Gregory G. Carter, P.L.S.
Y:\Double D 140 Acre Bndy (04-155)\Documentslzoner R-3 DESC.doc
EXHIBIT "F"
1 of 2
1450 Ea" Watertower St.
Suite 150
Meridian. Idaho 83642
IDAHO
SURVEY
GROUP
Phone (208) 846-8570
Fax (208) 884-5399
Project No. 04-155
March 22, 2007
DESCRIPTION FOR
R-2-DA-P ZONE
EAGLEFIELD ESTATES
A parcel of land being a portion of Lots 1, 7 and 8 of Newell's Acreage as filed in
Book 6 of Plats at Page 248, records of Ada County, Idaho and the SW1/4 of the NE1/4
of Section 11, TAN., R.1W., B.M., Ada County, Idaho more particularly described as
follows:
Commencing at the N1/4 corner of said Section 11 from which the NE corner of
said Section 11 bears South 89019'36" East, 2644.52 feet;
thence along the North-South centerline of said Section 11 South 00031' 1 T'
West, 1321.29 feet to the CN1/16 corner of said Section 11, said point also being the
REAL POINT OF BEGINNING;
thence continuing along said North-South centerline South 00031'1 T' West,
1321.29 feet to the C1/4 corner of said Section 11;
thence South 89025'59" East, 75.32 feet;
thence South 50055'11" East, 46.61 feet;
thence South 43024'35" East, 75.33 feet to a point on a curve to the right;
thence along said curve 152.88 feet, said curve having a radius of 265.00 feet, a
central angle 33003'15" and a long chord of 150.77 feet which bears South 43028'21"
East to the point of tangency;
thence South 26056'44" East, 67.51 feet to the beginning of a curve to the left;
thence along said curve 180.94 feet, said curve having a radius of 635.00 feet, a
central angle 16019'34" and a long chord of 180.33 feet which bears South 35006'31"
East to the point of tangency;
thence South 43016'18" East, 165.46 feet to the beginning of a curve to the right;
thence along said curve 153.92 feet, said curve having a radius of 635.00 feet, a
central angle 13053'16" and a long chord of 153.54 feet which bears South 50012'56"
East to the point of tangency;
thence South 57"09'34" East, 134.05 feet to the beginning of a curve to the right;
Y:\Double 0 140 Acre Bndy (04-155)\Documentslzoner R-2 DESC.doc
EXHIBIT "F"
2 of 2
thence along said curve 129.39 feet, said curve having a radius of 265.00 feet, a
central angle 2r58'31" and a long chord of 128.11 feet which bears South 43010'19"
East;
thence North 33050'51" East, 135.99 feet;
thence North 32050'26" East, 103.13 feet to a point on a curve to the left;
thence along said curve 219.55 feet, said curve having a radius of 175.00 feet, a
central angle 71052'55" and a long chord of 205.43 feet which bears North 80023'05"
East;
thence South 89024'33" East, 146.74 feet to a point on the East boundary line of
the NW1/4 of the SE1/4 of said Section 11;
thence along said East boundary line North 00040'44" East, 541.00 feet to the C-
E 1/16 corner of said Section 11;
thence along the East boundary line of the SW1/4 of the NE1/4 of said Section
11 North 00033'39" East, 1320.24 feet to the NE1 /16 corner of said Section 11;
thence along the North boundary line of the SW1/4 of the NE1/4 of said Section
11 North 89022' 12" West, 1321.32 feet to the REAL POINT OF BEGINNING, containing
53.87 acres, more or less.
Gregory G. Carter, P.L.S.
Y:\Double D 140 Acre Bndy (04-155)\Documentslzoner R-2 DESC.doc
For The cPeop1 of Idaho
STATE TAX COMMISSION
800 Park Blvd., Plaza IV • Boise, ID • 83722
July 12, 2007
Sharon Bergmann
Eagle City Clerk
660 Civic Lane
Eagle, ID 83616
Subject: Ordinance No. 568 EAGLE (CITY)
Dear Ms. Bergmann:
RECEIVED & FILED
CITY OF EAGLE
JUL 262007
r=ile •
Routs 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 gis@tax.idaho.2ov 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
Mayor: Nancy C. Merrill
April 19, 2007
Idaho State Tax Commission
P.O. Box 36
Boise, Id 83722
Dear Sir:
CITY OF EAGLE
P.O. Box 1520
Eagle, Idaho 83616
939-6813
f)?d/kd 6i/9/07
Council: Stanley J. Bastian
Phil Bandy
Steve Guerber
Scott Nordstrom
Enclosed herewith with please find a copy of Ordinance No.564 recorded on March 22,
2007 and Ordinance No. 568 recorded on April 5, 2007 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, 489-8781.
Si cerely,
_lu
Tracy E. sborn, CMC
Deputy Clerk
Encl.
Page 1 of 1
Tracy Osborn
From: Sharon Bergmann
Sent: Wednesday, April 25, 2007 11:57 AM
To: Tracy Osborn
Subject: FW: Receipt of: Ordinance 568, for tax year 2008
Sharon K. Bergmann C.M.C.
City Clerk/Treasurer
City of Eagle, Idaho
P.O. Box 1520
208-939-6813 ext. 202
Original Message
From: GIS@tax.idaho.gov [mailto:GIS@tax.idaho.gov]
Sent: Wednesday, April 25, 2007 10:40 AM
To: asmcqurh@adaweb.net; daven@adaweb.net; Sharon Bergmann
Subject: Receipt of: Ordinance 568, for tax year 2008
Dear Ms. Bergmann,
On 04-25-2007 we received your request regarding Ordinance 568, for tax year 2008. The State
Tax Commission's processing number for this request is 2008-147. This email is only to notify
you that we have received the ordinance and it is being processed, no response is required. If you
have any questions regarding your submission, please contact the GIS staff by phone at 208-334-
7750 or by email at eisntax.idaho.2ov.
Sincerely,
GIS Staff
Idaho State Tax Commission
,1 11G /1(1(r7