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Ordinance - 2007 - 564 - Annex/Rezone Sylvan Wood Subdivision - 03/13/2007 ADA COUNTY RECORDER J. DAVID NAVARRO BOISE IDAHO 03122107 01:59 PM DEPUTY Palli Thompson RECORDED-REQUEST OF City of Eag Ie AMOUNT .00 6 1111111111111111111111111111111111111 10713413542 ORDINANCE NO. 564 AN ORDINANCE ANNEXING CERTAIN REAL PROPERTY SITUATED IN THE UNINCORPORA TED 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 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 owner 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 owner of the real property situated within the City of Eagle and particularly described in Exhibit "A" of this ordinance has requested, in writing, a rezone from RUT to R-l- DA; and WHEREAS, the Planning and Zoning Commission of the City, pursuant to public notice as required by law, held a public hearing on August 7, 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 September 26, 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 R- l-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 lof3 KICOUNClL\Draft Ordinances\Ord 564 Sylvan Wood 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 Residential (one dwelling unit per acre maximum with development agreement) District Classification R-I-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 63-22 I 5, 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 of 3 K:\COUNCIL\Draft Ordinances\Ord 564 Sylvan Wood.doc DATED this 13th day of March 2007. CITY COUNCIL OF THE CITY OF EAGLE A~d(<-~ 4- Nancy C. Merrill, Mayor ATTEST: ,.,....... . ", " .,~~ Of EA ,;, " . ~ '*'\. .......... /:- .... ,:; "" . -.-...... i Cl... ~ORAl'~... -=:. = · o~ ~~ . ~ :. .'CJ :"7'. : : ..- . 5 - * . ~ -0 . ;. \. ~ S 'EJ\. ~~"': 0 i ':. -.1-c <.c,.Q.. ~ ~ .~ .no -..o.po,,"'\.- .'"1 ", Yl" .......:Q \-, "'" -11'E of \ .~..." I",........',,' STATE OF IDAHO) : ss. County of Ada ) On this /5 day of J1t2 rr iJ , in the year~~ ,,Before ~~I}9?;2j~n~A a Notary Public in and for said State, pers2?~llt~P-J'~red r Y r ffI{~ancrs'RKJtlj'N K. BERGMANN, known to me to be the ~a'ffii 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. In witness whereof, I have hereunto set my hand and affixed my official seal the day and year first written. cJ~o!f!!:- Residing at: My Commission Expires: /~ .' . '. "..#~ ! t1. ~ .t1""H~: ", ~ _ p.o.\?") llIo". _~ ,~'\ .' 77\'" ", 0 ;: v'.; .... \0..: ~ ,-" -" "'-.-: '- : ~~v: ::t; : p ,,' ,'" ~ ~ ,;'.::) ~ 'l.1^\,,)-;e..C' '....... . -- " " 'Q,1,.'t. ~, ~ 11 ,. Page30f3 KICOUNffL\Draft Ordinances\Ord 564 Sylvan Wood doc :-:" ~...~ ~.-.. ~ . ~ ~ ..... r--.",...." FlEe::,. ,:, '..".:-'1 CiTY (~;;c. 1,- THE LAND GROUP, INC. MAY 1 8 2006 , File:___.. I Rou"~ ,,- - .-..----.--/' ----_.~-~.~-~~====-=:~._---~- May 15, 2006 Project No. 05260 Legal Description Sylvan Wood Subdivision annexation and rezone 27.38 acres EXIllBIT "A" A tract of land for annexation and rezoning purposes situated in the West One Half of the Northeast One Quarter of Section 7, Township 4 North, Range lEast, Boise Meridian, Ada County, Idaho, described as follows: Commencing at a found brass cap monumenting the East One Sixteenth Comer of said Section 7, and Section 6, Township 4 North, Range 1 East, Boise Meridian, Ada County, Idaho, thence following the easterly line of the West One Half of the Northeast One Quarter of said Section 7, South OPll '39" West a distance of 373.96 feet to the POINT OF BEGINNING. Thence following said easterly line, South 0 I 011 '39" West a distance of 820.76 feet to a point; Thence leaving said easterly line, North 88048'21" West a distance of 55.00 feet to a point; Thence South 11026'33" West a distance of 1 02.22 feet to a point; Thence South 57032'21" West a distance of 76.46 feet to a point; Thence South 70005'29" West a distance of 123.88 feet to a point; Thence South 89007'18" West a distance of 56.1 0 feet to a point; Thence North 78027'39" West a distance of 128.59 feet to a point; Thence North 75009'32" West a distance of76.74 feet to a point; Thence North 81018'28" West a distance of97.75 feet to a point; Thence North 23059'04" West a distance of 57.47 feet to a point; Thence North 01016'51" West a distance of 168.85 feet to a point; Thence North 88047'35" West a distance of 353.35 feet to a point on the easterly line of Wehren Subdivision (a recorded subdivision on file in Book 26 of Plats at page 1626, records of Ada County, Idaho); Thence following said easterly line, North 01012'25" East a distance of 1 ,079.52 feet to a point on the northerly line of said Section 7; Thence leaving said easterly line and following the northerly line of said Section 7, North 89027'27" East a distance of 844.81 feet to a point; Thence leaving said northerly line, South 01011 '50" West a distance of220.00 feet to a point; Thence North 89026'38" East a distance of 131.10 feet to a point; , Landscape Architecture. Site Planning. Civil Engineering - Go!fCourse Irrigation & Engineering _ Graphic Communication 462 E. Shore Drive, Ste. 100, Eagle, Idaho 83616. P 208.939.4041 F 208.939.4445. www.theland....lUpinc.com G: \2005 \ 05260 \legnls \ LL_ 060515edwards_ 05260rezone. doc :-' -... li~ ~ . r-;: ,: n t.: I., j ~'.~ ~ '/ !,"_ : ( CiTY (~jF :'~:_: /~i.iL L MAY 1 8 2006 THE LAND GROUP, INC. Fiie:____._n__ Flout(~ to: "---- ---'---, -'-'''-'' Thence South 11 058'47" West a distance of21.21 feet to a point; Thence South 07050'56" West a distance of 48.51 feet to a point; Thence South 02044'42" West a distance of 48.75 feet to a point; Thence South 00027'44" East a distance of 11.68 feet to a point; Thence South 46029'40" East a distance of35.78 feet to the POINT OF BEGINNING. The above described tract of land contains 27 .38 acres, more or less, subject to all existing easements and rights-of-way. Attached hereto is Exhibit "B" and by this reference is made a part hereof. Prepared By: THE LAND GROUP, INC. 462 E. SHORE DRIVE, SUITE 100 EAGLE, IDAHO 83616 208-939-4041 208-939-4445 (FAX) , 2 Landscape Architecture. Site Planning. Civil Engineering - Golf Course Iniga/ion & Engineering. Graphic Communication 462 E. Shore Drive, 5te. 100, Eagle, Idaho 83616. P 208.939.4041 F 208.939.4445. www.thelandgroupinc.com G: \2005 \ 05260 \lcgals \ LL_ 060515edwards_ 05260rczonc.doc Situated in the Jst 1/2 of the Northe ~A_oLS.-e..ction 7, Township 4 North, Range 1 East, 8.M", A~~~~~R:f ho 2006 MAY 1 8 2006 FOUND BRASS CAP N 1/4 COR. SEC'~ W. FLOATING FEATHER RO DFilfil: N89'27'27'E 2:h1g~.e <-._ -----~9':27_::z7"E 8448{'- .....Rl~, lV. 7330.58 . 1 I I 1 I I I Z I ~(C I 2:~ 0,.... ~I ~0 ~l CIl n. ~I zeD WC\J ~ffi ~l W ~I ~ ~I I I I I I I ~8 I FIe NOT A PART J -~ a '1 I Leaend . BRASSCAP i> CAlCULATED POINT 1 S11'5B'41"W 21.21' S07~!p S02'44'4r 48.75 S00'27' t4'E 11.68 S46'29' 4O"E 35.78' I I eo! dt ~ ii~ ~ !:I~ z 5llf~ ~ ;= z 11/j I I I I I 27.38 AC :to I 1 L _ !:i88'47'J5"! _ ~ 353.35' z ~g ~I~ III 10 - :i ~ ~ 11 I to :f 1 & S ~ I f N88'4B'21"W 55.00' "'" on lril ~l jOUND 5~ 51m PIN '0=' Scale: 1"=200' ~~ ~'-:.~ THE LAND GROUP, INC. d ~"-:.ollI . Lan.chcape Architecture _'" . ' CiV11 Engin.ering .. Site Planning .~ .. (;olf Course Jrrigah:on .t Knginnring ~ .. Craphic Communication .f-62 E. Shan Dr., Eagle ID. 8361$ ... PMnt (208) 939 -lOll Far (2M) 9J!J I.uS , www.tA'landgroupillc.cmn EXHIBIT "B" SYLVAN WOOD SUB. ANNEXATION AND REZONE 5/15/06 05260 1 -------...- h.L'.-~:""i~,L,'~ .i.!. [..1' ",~ "1 '1o.L_,-~ "C,-" '..;4. I Lc=J.J CITY OF t"AGLE Valley Times P.O. Box 1790 - Eagle, Idaho 83616 MAti l :; 2007 LEGAL ADVERTISING PROOF OF PUBLICATION Fiie: Route to: ~~ E uyG- ~Go E -C'V:L Ln' E. o-yu.. rt) V2 I J..1, March 19, 2007 Identification: Address: Run Dates: LT Act:. Y'\u Yl Lt. NO, s1, ~ 1 - Iq to 7 Account: Number Lines -- L(O Amount ......-' I ~9,CI5 ORDINANCE NO. 564 AN ORDINANCE ANNEXING CERTAIN REAL PROPERTY sIfank Thomason, bei~g duly s:-vo~n, deposes UNINCORPORATED AREA OF ADA COUNTY IDAHO AND 0 and says: That he IS the Principal Clerk of THE CORPORATE LIMITS OF THE CITY OF EAGLE, TO THE dey Times, a weekly newspaper published at IDAHO; ESTABLISHING THE ZONING CLASSIFICATION OF S11e, Ada County, State of Idaho; that the said ERTY DESCRIBED HEREIN; AMENDING THE ZONING MAP <"ewspaper is in general circulation in the said EAGLE TO REFLECT SAID CHANGES; DIRECTING THAT ~ounty of Ada, and in the vicinity of Meridian, ORDINANCE BE FILED AS PROVIDED BY LAW; AND PROVII' dEl d h b n' terruptedly TIVE DATE. . tar, an ag e, an as een u In , published in said County during a period of WHEREAS, the City of Eagle, Idaho is a municipal corporation o,nty-eight consecutive weeks prior to the first ating under the laws of !he State of Idaho and is authorized to ~on of this notice, a copy of which is attached rate WIthin th~ boundaries of the CIty conllguous real property II hereto, and that the notice was published in vlded by SectIOn 50-222, Idaho Code, and . . f 'ty 'th S t' 60 108 'ley TImes, In con orml WI ec Ion - , WHEREAS, the owner of the real property situated in the unincorp Idaho Code, as amended, for -L time(s) County and particularly described in Exhibit" A" of this ordinanche regular and entire issue of said paper, and writing, annexation of said real property to the City of Eagle; an, printed in the newspaper proper, and not in a , .. Ipplement' and that said notice was published WHEREAS, the owner of the real property sItuated WIthin the' '. particularly described in Exhibit" A" of this ordinance has req. " on the fOliO, wing da,ti annexation of said real property to the City of Eagle; and Beginning JV\ o",rc.ok I 'I. Lv c; , , WHEREAS, the Planning and Zoning Commission of the City, notice as required by law, held a public hearing on August 7th, 2. Section 67-6525, Idaho Code, and made a recommendation to th, cil; and ( Ending .IV\. CL 'r1.f.- [Cj I L{) 0 7 J/l'~ '-lhA'l'V'\.-t?-1 VV'\ WHEREAS, the Eagle City Council, pursuant to public notice as n a public hearing on September 26th, 2006, on the proposed ann for the real prop~rty described i~ Exhibit "A" as required by S~c' STATE OF IDAHO) Code, made findings and determined that the requested annexatlO: )SS and that a zoning classification of R-I-DA for the property descr is appropriate to meet the requirements of Idaho Code, Eagle City 1 .... '-)/1-1 COUNTY OF ADA) Comprehensive Plan and should be granted. lis ~ day of ./' CV1 'in the year of 2007 NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR ,.,efore me, a No~ary P~blic, personally appeared THE CITY OF EAGLE IDAHO as follows: son, known or IdentIfied to me to be the person ' , .se name is s scribed to the within instrument, Sedion I: The Eagle City Council hereby finds and declares t':l being by rst duly sworn, declared that the particularly described in Exhibit "A," attached hereto and inc~lP heU' arl' t e, and acknowledged to me that reference, is contiguous to the City, that said property can be rer '., he executed the same. ~ .... ,<< '" ""'" -- .,,. c"'. "" .. .. 001 ' has requested, in writing, annexation thereof io the City. ' > Notary Public for Idaho Seetion 2: The real property, all situated in Ada County, Idaho, , ' ResidinJ at Br~ ID ous to the City, particularly described in Exhibit "A" and as My Commission expires: c.::; 2- ~ I r Exhibit "B," attached, is hereby annexed to the incorporated tel / r City of Eagle, Idaho. SeetloD 3: The City Council hereby finds and determines t interests of the public health, safety and welfare of the City of E. and property thetein that the real property particularly describe. generally as shown on Exhibit "B," attached hereto and incorpo (For 7liie 1 eopti c f Idaho CI STATE TAX COMMISSION 800 Park Blvd., Plaza IV • Boise. ID. • 83722 August 8, 2007 Sharon Bergmann Eagle City Clerk 660 Civic Lane Eagle, ID 83616 Subject: Ordinance No. 564 EAGLE (CITY) Dear Ms. Bergmann: RECEIVED & FILA CITY OF EAGLE AUG 1 200? 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 tis tax.idaho.gov or by phone at 208-334-7750. Thank you for your cooperation. Sincerely, Craig Johnson GIS Analyst 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 LOu toxc ci)\\06