Ordinance - 2007 - 541 - Annex/Rezone Kuester/Decker - 07/24/2007
ADA CDUNTY RECORDER J. DAVID NAVARRO
BOISE IDAHO OB/23I07 01:50 PM
DEPUTY Vicki Allen
RECORDED-REQUEST OF
City of Eagle
AMOUNT .00
7
1111111111111111111111111111111111111
107119111
ORDINANCE NO. 541
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 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, 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 A-
R; and
WHEREAS, the property described in Exhibit "A" is located at 1707 and 1725 N, Palmer Lane;
and
WHEREAS, the Planning and Zoning Commission of the City, pursuant to public notice as
required by law, held a public hearing on February 6, 2006, as required by Seetion 67-6525,
Idaho Code, for rezone application # RZ-23-05 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 March 28, 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-16-05 and RZ-23-05 made findings and determined that the requested
Page 1 of3
K\COUNCIL\Draft Qrdinances\Ord 54] Kuester Deckers,doc
annexation should be granted and that a zoning classifieation of A-R 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, 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 Agricultural Residential
(residential one unit per five acres) District classification A-R 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 ofthe 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:\COUNCIL\Draft Ordinances\Ord 541 Kuester Deckers,doc
DATED this 24th day of July 2007,
CITY COUNCIL OF THE CITY OF EAGLE
Ada County, Idaho
STATE OF IDAHO)
: ss,
County of Ada )
On this c?4 day o~u/~ ' in the year '/)
Notary Public in and for said tate, personally appeared
.siutYOYl k .&r~IY1Q.""- , known to me to be the MAYOR an 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
first written.
........
Page 3 of3
K\COUNCILlDraft Ordinances\Ord 54] Kuester Deckers,doc
EXHIBIT "A"
A parcel of land located in the Southwest Quarter, Section
3, Township 4 North, Range 1 West, Boise Meridian, Ada
County, Idaho, being more particularly described as follows:
COMMENCING at the Quarter corner common to Sections 3 and
la, Township 4 North, Range 1 West, Boise Meridian; thence
North along the Quarter Section line 186.6 feet; thence
North 79 degrees 00' West along the South edge of the
lane a distance of 1,143.2 feet; thence
North a distance of 40.0 feet to the West end of culvert
and the REAL POINT OF BEGINNING; thence
North 03 degrees 00' East a distance of 358.0 feet to
a point on the Southerly boundary of that parcel
of land described in Warranty Deed Instrument
No, 265831, records of Ada County, Idaho; thence
along the Southerly boundary of said Deed the
following Courses and distances
North 85 degrees 00' West a distance of 813,4 feet; thence
South 22 degrees 30' West a distance of 847.44 feet to
the center of the drain ditch; thence departing
said Deed line and continuing Northeasterly and
Easterly along the centerline of the drain ditch
to the REAL POINT OF BEGINNING,
EXHIBIT "A"
Feb 04 OS 03:4Sp
p.4
FEB-04-2005 13:32
P.04
SCHEDULE" A"
PARCEL 1:
Tract of land situated in the Southwest Quarter of Section 3, Township 4 North,
R1mge 1 West,. Boise, Meridian, Ada County, Idaho, described as follows:
Beginning at the quarter oorner COlI1IIlon to Sections 3 and 10; thence North along the
quarter section line a. distance of 186,60 feet to the Real Point of Beginning; thence
North 75015' West 11 distance ofl,lOS,90 feet; thence North $I distance of 40.00 feet
to a point on the center line of a drain ditch; thence North 300' East a distance of 358
feet; thence South 85000' East a distance of 170 feet; thence South a distance of
56.10 feet; thence North &SOOO' East a distance of 368.28 feet; thence North 78"00'
East a distance of 132,0 feet; thence South 63000' East a distance of 491.76 feet to a
point of the said quarter section line conunon to the Southwest quarter and the
Southeast quarter of said Section 3; thence South along the said quarter section line to
a point 186.6 feet North of the said quarteT comer, being the Real Point of Beginning.
pARCEL 2:
A parcel of land located in the Southwest Yo, Section 3, Township 4 North, Range 1
West, Boise, Meridian, Ada County, Idaho, being more particularly described as
follows:
Commencing at the Quarrer Comer comroon to Sections 3 and 10, T4N, Rl W, B.M,;
thence North along the Quarter.Section line a distance of 186,6 feet to the REAL
POINT OF BEGlNNlNG; thence continuing North a distance of 380,82 feet to the
Southeasterly CQrner of that certain parcel of land described in Warranty Deed
instrument number 265831, Records of Ada County; thence along the following
courses and distances as recQrded by said deed;
thence N63000'W a distance of 491,76 feet.
thence S78000'W a distance of 132,0 feet; ,
thence S850QO'W a distnnce of 368.29 feet;
thence North a distance of 56,} feet;
thence N85"QO'W a distance of 170.00 feet;
thence departing said deed line S 3"OO'W a distance of358.0 feet to the west end of
the culvert; thence South a distance of 40,0 feet to the southerly edge of the lane;
thence S79000'E a1on~ the southerly edge of the lane a distance of 1143.2 feet to the
REAL POINT OF BEGINNING.
Subject to a 25.0 foot wide access easement on the lane along the southerly boundary.
TRUST DISTRIBUTION DEED - 3
Feb 04 05 03:46p
FE3-04-2005 13:32
p.5
P. (15,
Subject to easements fOT the county road on the easterly boundary, and the canal
along the northerly boundary, and the drainage ditch along the southerly boundary,
This document i.n no way modifies the right of ingress and egress along the lane as
provided for in Wananty Deed instrument number 7705661, Records of Ada County.
TRUST DISTRIBtmON DEED - 4
TOTAL P.DS
Kuester/ Deckers Annexation & Rezone
80403331725
80403331700
EXHIBIT "B"
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Valley Times
P.Q, Box 1790 - Eagle, Idaho 83616
LEGAL ADVERTISING PROOF OF PUBLICATION
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ORDINANCE NO, 541
AN ORDINANCE ANNEXING CERTAIN REAL PROPERTY SITUATED IN THE
UNINCORPORATED AREA OF ADA COl>l'o'TY.IDAHO, AND CONTIGUOUS TO THE
CORPORATE LIMITS OE TilE CITY OF EAGLE, TO TIlE 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 CIIANGES; DIRECTING THAT COPIES OF THIS ORDINANCE BE fiLED
AS PROVIDED BY LAW; AND PROVIDING AN EFFECTIVE DATE.
WHEREAS, tbe City or Eagle, IJahu is a municipal corporation organized nnd operating under
the laws. of the State of Idaho and is authori....ed to annex to and incorporate within the boundaries
of the City contiguous real property in the manner provided by Section 50w222, Idaho Code; and
WJlEREAS, purs.uant to Chapter 65, title 67, Idaho Code, the City of Eagle has the authority 10
adopt, establish and amend a Zoning Ordinance; and
WHEREAS. the ov:ncrs of the real property situated in the unincorporated area of Ada County
and particularly described in Exhibit "A" of this ordinance hac; requested, in writing, annexation
of said real property to the City of Eagle; and
WHEREAS, the o\\ncrs oflhe real properly situated within the City of Eagle llnd particularly
described in Exhibit "A" of this ordinance have requesled, in writing. a rezone from RUT to A~
R; and
\l.'HEREAS, the property described in Exhibit "A" is located at 1707 and 1725 N. Palmer L.ane :
and
WHEREAS, the Planning and Zoning Commission of the City, pursuant 10 public notice as
required by law, held n public hearing on February 6. 2006, as required by Section 67-6525,
Idaho Code, for rezone application #: RZ~23-05 and made a recommendation to the Mayor and
Council; and
WI JEREAS, the Eagle City Council, pursuant to public notice as required by law, held a public
hearing on March 28, 2006, on the proposed annexation and zoning for the real property
described in Exhihit "A" as required by Section 67-6525, Idaho Code, for annexation and rezone
application #'s A-16-05 and RZ-23-05 made findings and detennined that the requested
annexation should be granted and that a 7..Oning classification of A~R 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, THEREFORE. BE IT ORDAINED BY TIlE MAYOR AND COUNCIL Of THE CITY
OF EAeJLE, IDAHO. as follows:
Sediolll: 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 ......Titing, annexation thereof to the
City
SeetiOD 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.
Seelio. 3: The City Council hereby finds and detemlines that. it is in the best interests of the
public health. safety, and welfare of the City of Eagle and the resident,,> and property therein that
the real property particularly described in Ex.hibit "An and generally as. shown 00 Ex.hibit '"B",
attached hereto and incorporated by reference, is hereby removed from the RUT (Rural Urban
Transltion) District classification and is hereby included in the Agricultural Residential
(residential one unit per live acres) District classification A-R all pursuant to the Zoning
(y-tiinnnC'P nfthf' ['itv nfFlll,lle. The City Coune-it further fin~~ and determines that said zone.
A parcel of land Io\mount 2"2(" .211
Range 1 West, Boist
as follows:
COMMENCING at
North, Range I Wely sworn, deposes
I Principal Clerk of
thence North 79 de)aper published at
thence North 79 dejaho; that the said
1.143.2 feet;:ulation in the said
icinity of Meridian,
thence North a disen uninterruptedly
POINT OF BEGlN1 during a period of
thence North 03 dks prior to the first
Southerly houndary' which is attached
No. 265831, Recor~ was published in
thence along the South Section 60-108,
for --1... time(s)
North 85 degrees oof said paper, and
'oper, and not in a
thence South 22 de. .
drain ditch' Ice was published
. Ie following dates:
thence departing sa.lt. ) -, 1..() ~ "7
the centerline of the (
)
A tract of land situ'l....;.l
Range 1 West, Boisl
2. 1 ZOt: 1
I
~~~/-
Beginning at the qu
thence North along'ATE OF IDAHO)
PoinI of Beginning; )SS
thence North 75 de?UNTY OF ADA)
, the year of 2007
thence North 3 degt!'sonally appeared
~ to be the person
thence south 85 de!l. "'th' . t t
~WI In illS rumen ,
thence Soth a distal declared that the
'Iedged to me that
thence North 85 de\ecuted the same.
thence North 78 de!
y Public for Idaho
t B ~si' ID
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3YG,2)
For The Peop& of Idaho
STATE TAX COMMISSION
800 Park Blvd., Plaza IV • Boise, ID • 83722
November 1, 2007
Sharon Bergmann
Eagle City Clerk
660 Civic Lane
Eagle, ID 83616
Subject: Ordinance No. 541 EAGLE (CITY)
Dear Ms. Bergmann:
CITY OF EAGLE
NOV 2007
File'
Rome
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 vis((Ltax.idaho.gov or by phone at
208-334-7750. Thank you for your cooperation. �7
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
PIN/04
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