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Resolution - 2007 - 25 - Intent To Create Local Improvement District - 08/14/2007 RESOLUTION NO. 07-25 A RESOLUTION DECLARING THE INTENTION OF THE CITY OF EAGLE, ADA COUNTY, IDAHO, TO CREATE LOCAL IMPROVEMENT DISTRICT NO. 2007-1 FOR THE PURPOSE OF FINANCING THE COSTS OF CERTAIN PUBLIC IMPROVEMENTS; DESCRIBING THE BOUNDARIES OF THE PROPOSED IMPROVEMENT DISTRICT AND THE PROPERTY PROPOSED TO BE ASSESSED FOR THE COSTS OF THE PROJECT; GENERALLY DESCRIBING THE PROJECT PROPOSED TO BE FINANCED AND THE ESTIMATED COSTS AND EXPENSES OF THE PROJECT; STATING THE COST TO BE PAID FROM A LEVY OF ASSESSMENTS ON PROPERTY INCLUDED WITHIN THE LOCAL IMPROVEMENT DISTRICT; STATING THE METHOD OF DETERMINING ASSESSMENTS; FIXING THE DATE, TIME, AND PLACE AT WHICH A PUBLIC HEARING WILL BE HELD TO CONSIDER PROTESTS AGAINST THE CREATION OF THE LOCAL IMPROVEMENT DISTRICT; PROVIDING FOR RELATED MATTERS; AND PROVIDING AN EFFECTIVE DATE WHEREAS, the City of Eagle, Ada County, Idaho (the "City"), is a municipal corporation operating and existing under and pursuant to the laws of the State of Idaho, and as such is authorized and empowered to create local improvement districts to finance improvements pursuant to Title 50, Chapter 17, Idaho Code; WHEREAS, the City Council (the "Council") of the City has initiated the creation of a local improvement district to finance the costs of certain public water system improvements; and WHEREAS, the Council is of the opinion that it is in the best interest of the owners of property within the proposed local improvement district, and within the City, that the proposed local improvement district be formed and the proposed improvements be acquired. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF EAGLE, COUNTY OF ADA, IDAHO, as follows: Section 1: The Council hereby determines and states that it is its intention to form a local improvement district, to be designated "Local Improvement District No. 2007-1 of the City of Eagle, Idaho" ("L.I.D. No. 2007-1 "), to finance the costs of the project as hereinafter set forth. Section 2: The boundaries of proposed L.I.D. No. 2007-1 are set forth in Exhibit "A" attached hereto and by this reference incorporated herein. All property within the boundaries of L.I.D. No. 2007-1 (except property which is exempt from assessment because of government ownership) will be subject to assessment according to the method of assessment set forth in Section 5 of this Resolution. Page 1 Section 3: A general description of the project to be financed (the "Project") is as follows: the acquisition of public water system improvements, including water rights and water supply and delivery facilities, together with costs of engineering, legal services, publication, bond issuance costs and reserves, and other related expenses. Section 4: The estimated cost of the Project is $7,200,000 all of which will be paid from a levy of assessments on the property benefited by the Project within L.I.D. No. 2007-1. Section 5: The costs and expenses of the Project shall be assessed against the tracts, lots, and lands included in L.I.D. No. 2007-1 according to the benefits derived method of assessment, all as provided by Section 50-1707, Idaho Code. Section 6: Tuesday, the 11th day of September, 2007, at the hour of 7:30 o'clock P.M., or as soon thereafter as the matter may be heard, at the Council meeting chambers in Eagle City Hall, 660 East Civic Lane, Eagle, Idaho, is hereby fixed as the time and place when and where the owners of the property to be assessed may appear before the Council and be heard as to the propriety and advisability of acquiring the Project, and which is the time and place when and where the Council will consider the creating of the proposed L.I.D. No. 2007-1 and financing the proposed Project, and hear all complaints, protests, and objections which may be made in writing and filed with the City Clerk on or before said time, by any owner of any parcel ofland to be assessed. Section 7: Written protests and objections to the creation of L.I.D. No. 2007-1 or to the manner of assessment or inclusion of property therein may be filed with the City Clerk at or before 7:30 o'clock P.M. on Tuesday, September 11,2007, by any owner of any parcel ofland to be assessed. Section 8: Notice of Hearing substantially in the form attached hereto as Exhibit "B" shall be given as follows: (A) By publication of such notice in a newspaper of general circulation within the City, which notice shall be published once a week for two consecutive weeks, the first publication being at least ten (10) days prior to the date of said hearing. (B) By mailing, at least ten (10) days prior to the date of said hearing, a copy of such notice to each owner of property, if known, or his agent, if known, within the limits of the proposed L.I.D. No. 2007-1, addressed to such person at his or her post office address, if known, or if unknown, to the post office in Eagle, Idaho. Ownership of property shall be determined as of the date of the adoption of this Resolution. Section 9: This Resolution shall take effect and be in full force from and after its passage and approval. Page 2 DATED this 14th day of August, 2007. CITY OF EAGLE Ad, County, I~ B~ ~ 1'le. Mayor ATTEST: J~.-L~ -City erk "'''.....,.., OLE "'" ~.~........ * ###. h'V. "'E.. .. ~.- 1" . 1. 01 o~ ;\0\ >-: 'l. ,... .~: -:: I I-.G: · "'''., : ~: 8 ' b'!' ~ Q ,. ...., e. i-V ~T....... ~ e. -.:) 0.. <<:, .. INC09-:.- of( ""'#" ........ ~ ~ "" ST"'~ ..... 'I, ,.~ ...,........ Page 3 Exhibit A City of Eagle Local Improvement District No. 2007-1 Legal Description In Sections 3, 4, 5, 7, 8, 9, 10, 15, 16, 17, and 22, Township 4 North, Range 1 East, Boise Meridian, Ada County, Idaho, being more particularly described as follows: BEGINNING at the northwest corner of Section 3, Township 4 North, Range 1 East, Boise Meridian, Ada County, Idaho: thence N 89036'53"W 2648.56 feet; thence S Ooo30'52"E 1281.00 feet; thence N 89057'25"W 1326.75 feet; thence N 00024'51''W 518.76 feet: thence N 43051'20"E 949.35 feet; thence N 000lO'58"W 78.38 feet; thence N 89041'44"W 4658.57 feet; thence S 00025'14''E 2587.89 feet; thence S 89024'32"E 2198.87 feet; thence S 00016'38''E 155.06 feet: thence S 45007'59"W 323.46 feet; thence S 00024'58''E 206.57 feet: thence S 89020'54"E 676.04 feet; thence S OooOO'OO"W 52.25 feet: thence S 89049'40"W 603.00 feet: thence N OooOO'OO"E 10.63 feet; thence S 89046'54"W 82.00 feet; thence N 49013'52"W 420.65 feet: thence S 00016'13''E 494.20 feet; thence S 89046'08"W 62.00 feet: thence S 00034'23''E 200.01 feet: thence S 89052'38"E 262.25 feet; thence S 00020'1Z'E 255.19 feet: thence S 89022'38"E 828.05 feet; thence S 00022'45"E 1322.16 feet: thence N 89017'43"W 4000.12 feet: thence S 0l"16'01"W 1778.92 feet; thence N 44018'44"W 180.87 feet: thence N 54031'42"W 151.65 feet; thence N 63034'52"W 491.09 feet; thence N 76054'47"W 178.02 feet; thence S 89049'56"W 447.33 feet: thence S 01019'53"W 2637.15 feet; thence S 89046'35"W 1314.71 feet: thence S 00024'21"W 1339.45 feet: thence S 89047'13"E 1287.46 feet: thence S 09027'32"W 19.93 feet; thence S 74003'56"E 42.05 feet: thence N 84027'01"E 108.88 feet: thence S 62052'53"E 292.56 feet; thence S 70014'33''E 320.46 feet: thence S 78048'17"E 485.12 feet: thence N 84013'42"E 358.91 feet; thence S 88053'25"E 498.07 feet: thence S 75051'03"E 1081.79 feet; thence N 80002'44''E 841.27 feet: thence S 58009'38"E 643.33 feet; thence S 25043'15"E 802.30 feet: thence S 17019'07"E 429.37 feet: thence S 80006'47''E 487.69 feet; THIS DESCRIPTION WAS PREPARED BY DEAN J. COON, PLS10328 ON JULY 18, 2007, FROM ADA COUNTY'S GIS BASEMAP, DATED JUNE 2007 I:\EG\062007 UD\Survey Documents\UD Description.doc Page 1 of 3 Exhibit A City of Eagle Local Improvement District No. 2007-1 Legal Description thence S 54022'29"E 688.62 feet; thence S 73050'27"E 807.63 feet; thence N 71 033'53"E 473.88 feet; thence N 57046'12"E 904.23 feet; thence N 01050'58"E 618.80 feet; thence N 88057'34"E 1098.50 feet; thence S 00000'00''W 718.23 feet: thence S 58041'42"E 255.76 feet; thence S 00053'46"W 565.46 feet; thence S 69036'27"E 458.05 feet; thence S 84008'58"E 391.44 feet; thence S 72046'25"E 303.15 feet; thence S 87016'34"E 222.45 feet; thence S 01006'37''W 211.80 feet; thence S 45020'40"E 732.47 feet; thence S 56042'24"E 1059.85 feet; thence S 21"16'18"E 309.80 feet; thence S 57005'40"E 401.60 feet; thence S 72004'23"E 315.01 feet; thence S 83017'19"E 528.12 feet; thence N 67000'02"E 665.55 feet; thence S 57053'06"E 489.15 feet; thence S 12028'00"E 757.33 feet; thence S 54050'38"E 231.31 feet; thence N 88052'19"E 670.07 feet; thence S 73047'22"E 323.58 feet; thence S 43012'02"E 330.26 feet; thence N 00035' 45"E 2692.59 feet; thence N 44037'42"E 102.49 feet; thence N 00034'07"E 2085.47 feet; thence N 89019'07"W 37.00 feet; thence N 00037'46"E 330.06 feet; thence N 89043'58"W 1358.55 feet; thence N 00037'04"E 992.54 feet; thence S 89043'11"E 1285.72 feet; thence N 01017'59"E 2636.37 feet; thence S 87011'53"W 953.94 feet; thence N 14008'36"W 171.07 feet; thence N 08033'00"W 221.97 feet; thence N 40034'40"W 131.17 feet; thence N 87022'40"E 1163.84 feet; thence N 01015'16"E 1495.92 feet; thence N 89044'34"W 1265.46 feet; thence N 60001'56"E 290.54 feet; thence N 08058'08"E 51.31 feet; thence S 89044'43"E 970.01 feet; thence N 01015'07"E 216.90 feet; thence S 89042'33"E 44.01 feet; thence N 00009'26"W 163.87 feet; thence N 03011'09"W 366.03 feet; thence N 130 18'54"W 296.38 feet; thence N 17044'59"W 2120.31 feet; thence N 17045'02"W 741.29 feet; thence N 21000'24"W 174.18 feet; thence N 28008'45"W 174.18 feet; thence N 31038'40"W 459.36 feet; thence N 37013'28"W 171.08 feet; thence N 87027'25"W 127.92 feet; thence N 02026'16"W 412.79 feet; thence N 02043'35"W 332.29 feet; THIS DESCRIPTION WAS PREPARED BY DEAN J. COON, PlSI0328 ON JULY 18, 2007, FROM ADA COUNTY'S GIS BASE MAP, DATED JUNE 2007 I:\EG\062007 LID\Survey Documents\LID Description.doc Page 2 of 3 Exhibit A City of Eagle Local Improvement District No. 2007-1 Legal Description thence N 13055'16"E 332.29 feet; thence N 89036'53"W 3829.08 feet to the POINT OF BEGINNING. Containing 4,153.99 acres, more or less. Basis of Bearing for this description is the Ada County GIS Basemap, dated June of 2007. I, Dean J. Coon, a Professional Land Surveyor licensed by the State ofIdaho, hereby certify that the foregoing description was prepared by me, or under my direct supervision, and that it is representative of the Local Improvement District Boundary as shown on the City of Eagle Eastern Municipal Water System Local Improvement District Map. No fieldwork was performed to verify individual parcel boundaries. Inaccuracies inherent to the source data (Ada County GIS Basemap) used to prepare this description may be revealed should field measurements be made. This description is not intended to convey interest in real property, and is not valid unless accompanied by this certification. END OF THIS DESCRIPTION THAT CONTAINS 3 PAGE(S). THIS DESCRIPTION WAS PREPARED BY DEAN J. COON, PLS10328 ON JULY 18,2007, FROM ADA COUNTY'S GIS BASEMAP, DATED JUNE 2007 I:\EG\062007 LID\Survey DOQJments\LID Description.doc Page 3 of 3 / ~ /1 ~ " ~ I \( v ilD ~ II f/ [.:::II -/ ~ II ~ I~-r- i J · \ J ! II l '-c~ tt n ,! ! f 'I /R I "~ 3 l"ll hH !J r U I..J II- '~ y /){J( 0J I .. hi HI.-J. "-..I:;P'" f-......-'J -f--l' :::l f-:;;V '- I) 1 r No '--In W ~Frr0~ t'L- :L U? '- 'LVI f-\Y\ ]I: I I J -1l/0- = 'I v~~ 2f'- ~>- ~ ~ >- t~""-'" ~ ~ ""2~ -I....L t-' Mf 'f i L nl' I -, --1. t==11 -L v 1'- -/ I I -\ Uj -j ~ :;::- 'I..=- I~- II-- ).. .LJ '\..Jl. T ~ti 1\ ~ ~i>---:' rr r>r II kok@ r K.J if ~~ =1M IUL I ./I--lJ:!: 'I J] n,.,J fr /)U:! / ~ r 2:=:j' 1A'j ~ It .....- !-' r)llJ l' --- g II tt tr; ~It; ~I I ,-1- ~ IE ~F! j' 'v ~ \\ '\ II ~m ~ 11 ... m2 ~ ~ ci 0 Z ~~ '" ~~ ci 0.... ~ffi ,,~ ~ ~ ci ... ~ ;! ~ ci 0 .... ! II i .do. ~I .~. Is" Ii' .11I Exhibit "B" NOTICE OF HEARING ON CREATION OF LOCAL IMPROVEMENT DISTRICT CITY OF EAGLE Ada County, Idaho Local Improvement District No. 2007-1 NOTICE IS HEREBY GIVEN that Tuesday, the lIth day of September, 2007, at the hour of 7:30 P.M., or as soon thereafter as the matter may be heard, at Eagle City Hall, 660 East Civic Lane, Eagle, Idaho, has been fixed, pursuant to Resolution No. 07-25, adopted on August 14, 2007, as the time and place for public hearing at which owners of property to be assessed within proposed Local Improvement District No. 2007-1 ("L.l.D. No. 2007-1 ") may appear before the City Council (the "Council") of the City of Eagle (the "City") and be heard as to the propriety and advisability of creating L.l.D. No. 2007-1 and acquiring and financing the Project, as hereinafter described, and as the time and place when and where the Council will consider the creation of the proposed L.l.D. No. 2007-1 and the acquisition of the proposed Project, and hear all complaints, protests, and objections which may be made in writing and filed with the City Clerk on or before said time, by any owner of any parcel of land to be assessed. The boundaries of proposed L.l.D. No. 2007-1 are described in Exhibit "A" attached hereto and by this reference incorporated herein. All assessable lots and lands within the proposed L.l.D. No. 2007-1 benefited by the improvements shall be assessed for the costs of the improvements. A general description of the project to be acquired (the "Project") is as follows: the acquisition of public water system improvements, including water rights and water supply and delivery facilities, together with costs of legal services, publication, bond issuance costs and reserves, and other related expenses. The estimated total cost of the Project is $7,200,000, all of which will be paid by a levy of assessments on the property benefited by the Project within L.I.D. No. 2007-1. The cost of the Project to be paid from special assessments shall be assessed against the tracts, lots, and lands within L.I.D. No. 2007-1 according to the benefits derived method of assessment, all as provided by Section 50-1707, Idaho Code. Written protests and objections to the creation of L.l.D. No. 2007-1 or to the manner of assessment or inclusion of property therein may be filed with the City Clerk at City Hall, 660 East Civic Lane, Eagle, Idaho, at or before 7:30 o'clock P.M. on Tuesday, September 11,2007, by an owner of any parcel of land to be assessed. Page 4 DATED this i!/JJday of August, 2007. CITY OF EAGLE Ada County, Idaho By Mayor ATTEST: City Clerk Page 5