Ordinance - 2007 - 558 - Annex/Rezone 44/Edgewood - 10/16/2007
ADA COUNTY RECORDER J. DAVID NAVARRO AMOUNT .00 7
BOISE IDAHO 10/22/07 08:02 AM
~~~~;E~~ IR~~~~~T OF 111111111I111111I11111111111111111111
City of Eagle 107143934
ORDINANCE NO. 558
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, 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 MU-
DA; and
WHEREAS, the Planning and Zoning Commission of the City, pursuant to public notice as
required by law, held a public hearing on December 15,2006, 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 July 11,2006, 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 MU-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.
Page I of3
K:\COUNCIL\Draft Ordinances\Qrd 558 lAlnesome Dove_doc
NOW, THEREFORE, BE IT ORDAINED BY THE MA YOR 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 Mixed Use (mixed use with a
development agreement) District classification MU-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 ofthis 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 00
K:\COUNCIL\Draft Ordinances\Ord 558 Lonesome Dove.doc
DATED this 16th day of October, 2007.
CITY COUNCIL OF THE CITY OF EAGLE
da County, Idaho
ATTEST:
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Sharon K. Bergmann, Eagle City lerk
STATE OF IDAHO)
: ss.
County of Ada )
On this /& day of ll/ZJher , in the yearc10JJ , before me, t\1e undersigned, a
N tary Publi in and for said State, personally appeared itJ/}(--tf r: /11e'n"j / / and
\. rt rJC-- , known to me to be the MAYOR and CITY CLERK of said municipal
corporation tha 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
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Page 3 00
K:\COUNCIL\Draft OrdinanceslOrd 558 Lonesome Dove,doc
EXHIBIT "A"
TOOTHMAN-ORTON ENGINEERING COM
CONSULTING ENGINEERS. SURVEYORS AND PLANNEI
9777 CHINDEN BOULEVARD
BOISE, IDAHO B3 714-200B
205.323.2288 . fAX 208-323-2399
boise@toengrco.com
i H/:r.;t:fVED & FILED
I CfTY OF EAGLE
I
1 OCT 0 6 Z005
I File:
! Route to:
Project: 05] 4]
Date: October 5,2005
Page: I of 3
-----.-_~-----~
EXHIBIT" A"
Description for Rezone & Annexation
A parcel of land being a portion of Government Lots 1 and 2, Section 16, Township 4
North, Range I East, Boise Meridian, Ada COlUlty, Idaho, being more particularly
described as follows:
COMMENCING at a point marking the northeast corner of said Government Lot 1,
from which the northwest comer of said Govemment Lot I bears N.89053' 10"W.,
1329.23 feet; thence, along the northerly line of said Government Lot 1,
A) N.89053 '} O"W., I 085.26 feet to the POINT OF BEGIl\'NING; thence, along the
westerly and southerly lines of Deed Instrument NO.1 0] 044452, records of Ada
County, Idaho the following courses:
1) S.00006' 16"E., 59.61 feet to the beginning of a non-tangent curve: thence,
2) Southeasterly along said curve to the right, having a radius of 550.00 feet, an arc
length 01'275.70 feet through a central angle 01'28043'14", and a chord bearing
and distance of S.75044'39"E., 272.82 feet thence, along a tangent line.
3) S.61023'01"E., 569,45 feet to the beginning ofa tangent curve: thence.
4) Southeasterly along said curve to left, having a radius 01'200.00 feet, an arc
length of 117.83 feet, through a central angle of33045' 18", and il chord beanng
and distance of S.780 15'3 T'E., 116.13 feet to a point on the easterly line of
Parcel IV, Deed Instrument No. 8859142, records of Ada County, Idaho, also
the easterly line ofParceI 1, as shown on Record of Survey No.2781, records of
Ada County, Idaho; thence, along said easterly line,
5) S.00026' 54"W., 1 006.81 feet to a point on the northerly line of Parcel m, of said
Deed Instrument No. 8859142; thence, along said northerly line. as shown on
said record of survey,
6) S.89053' 1 Q"E., 203.21 feet, to a point on the east line of said Section] 6; tllellce.
along said east line, as sho\'m on said record of survey,
H:\05141\WPfiks\Survey\ExhA-REZONE & ANNEXA TlONdoc
BOISE' COEUR d'ALENE . C.AJ..DWELL
TOOTHMAN-ORTON ENGINEERING COMPANY
Project: 05] 41
Date: October 5, 2005
Page: 2 of 3
7) SOoo4T35"W., 275.89 feet to a point marking the northeasterly comer of
Disclaimer Deed Instrument No 94048234, records of Ada County, Idaho and
the southeast corner of Parcell, of said record of survey; thence, along the
northerly line of said disclaimer deed and the southerly line of Disclaimer Deed
Instrument No.'s 94047885 and 99118771 and the southerly line of said record
of survey and Record of Sm-vey No. 6888, records of Ada County. Idaho, the
following courses:
81 S.89027'00"W., 120.90 feet; thence,
9) N.86047'20"W., 126.59 feet; thence,
10)N.69016'00"W., 198.51 feet; thence,
II)N.78049'00"W., 87.42 feet; thence,
12) S.84001 'OO"W., 154.37 feet; thence,
13)NAI056'00"W., 113.33 feet; thence,
14) S.84048'00"W., 147.75 feet; thence,
15)N.71035'00"W., 90.50 feet; thence,
16) N.7 4 013' OO"W., 89.64 feet; thence,
17) N.59008'00"W., 17.00 feet; thence,
18) N.76008'00"W., 201.23; thence, along the westerly line of said Disclaimer Deed
Instrument No. 99118771 and, along the westerly line of said Record of Smvey
No.6888 and, in pSTt, along the westerly line of Instrument No. 96022811,
19) N.00036'35"E., 567.68 feet to a point marking the southeasterly comer ofthe
first parcel ofland described in Deed Instrument No. 9032863, and as shovm on
Record of Survey No. 2255, records of Ada Connty, Idaho, thence, along the
southerly and \vesterly line of said Deed Insuument No. 9032863, as shown on
said record of survey, the following courses:
20)N.55018'41"W., 266.14 feet; thence,
21) N.00036'35"E., 699.38 feet to a point on the northerly line of said Government
Lot 2; thence, along the n0l1herly line of said GovenU11ent Lots 2 and 1,
22) S.89053' 10"E., 464.41 feet to the POINT OF BEGIl\J",'lNG.
H:\O;J41\WPtiles\SurveylExllA-REZONE & ANNEXA110Kdoc
TOOTHMAN-ORTON ENGINEERING COMPANY
l)roject: 05141
Date: October 5. 2005
Page: 3 of 3
CONTAINING 41.16 acres. more or less.
SUBJECT TO all Covenants, Rights, Rights-of-Way, Easements of Record and any
Encumbrances.
This description was compiled from the fonawing Instruments and Records of Survey, records of Ada
County, Idaho:
Record of Survey No. 2255, 2781 and 6888
Instrument No's ] 0 1 044452. 99118771, 960228] 1, 94047885, 9032863 and 8859142.
H:\05l41\WPfile$\Survey\ExhA-REZONE & A'N"NEXATION.doc
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Clj'( OF EAGLE \
Valley Times
P.O. Box 1790 - Eagle, Idaho 83616
ULI 252007
LEGAL ADVERTISING PROOF OF PUBLICATION
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ORDINANCE NO. 558
EXING CERTAIN REAL PROPERTY SITUATED IN THE
.REA OF ADA COUNTY, IDAHO, AND CONTIGUOUS TO THE
)F TIlE CITY OF EAGLE. TO THE CITY OF EAGLE, IDAHO'
:ONlNG CLASSIFICA TIONOF SAID REAL PROPERTY ,
AMENDING THE ZONING MAP OF THE CITY OF EAGLE TO
GES; DIRECTING THAT COPIES OF TIllS ORDINANCE BE FILED
~; AND PROVIDING AN EFFECTIVE DATE.
::agIe, Idaho is a municipal corporation organized and operating under
Iabo and is authorized to lI11BCX to and incorporate within the boundaries
.1 property in the I1lIIIIl1er provided by Section 50-222, Idaho Code; and
If the real JlI'OIlCI1Y situated in the unincorponltcd area of Ada Cou.aty
I in Exhibit "A" ~fthis ordinance has reqll/l:StCd, in writing.1IUleXlltion.
s Ci~ of Eagle; ~d .
lf~1'81 J1lOPCI\Y$ilualedwlthin the Ci~'~E:agIe and pertil;UlarIy
of this ordinance have RJquested, in writing, a rezone from RUT to MU.
. and Zoning CoQutUssion of the City, pumIllIIt to public notice as
blil< hearing on Dec:ember 13,2006, as l'equired by Seclion 67-6525,
lComlnendetion to the Mayor and Co1aiciJ; and
ly~~I1, pursuant to publicnoticounequired by law, held a publi~
OIl the proposed annexation and zoning for the n:aI property desl:ribed
. by 8eelion 67.6525, Idaho Code, made findings and determined that
;boWel \)e.gr&II\ed Ill)d thai a zoning classification ofMU-DA for the
i9it "A" isapproJlti!lteto me.;ttbC-req~ts of Idaho Code, Eagle
:ontprebei1sivePllln lIJld .should be gnuit~. '.
IT ORDAINED BY THE MAYOR AND COUNCIL OF THE CITY
1I1o\\-li:' '. .
c.~~iJ ~eb). f~ lUId !kci~ th4l the n:al property particu1arly
Ltlached heretoaiKll~ated hlm:in by refelWlcc, is contiguous to
oan ~'reasonlibIy assumed to be uSed (or the orderly dev~lopment of
, .of IIllld proJlCI1y.has requestCd;in writing, annexation thereof to the
Iy, aU situated in Ada County, Idaho, adjacent and contiguous to the
in Exhibit "A" and as generally shown on Exhibit "B", attacbed, is
rporated territorial limits of the City ofF.agle, Idaho.
il hereby finds and detennines that it is in the best interests of the
e1fare of the City of Eagle lIJldthe residents and property therein that
y described in Exhibit "A" and generally as shown on Exhibit ":8"
,rated by reference, is hereby removed from the RUT (Rural U~
:ation and is hereby included in the M'1XIld UK (mixed use with a
iSlricl ~assification MU-DA all puntUaIll to 1bC Zoning Ordinance 'Of
COUIICd fUrther finds and determines that said zone change is in
Am~ve Plan IDd relevant City Codes.
JIg Map of the City of Eagle, Idaho, is hereby amended to reI1ect the
classification.
he ~ve date oftbisOrdil1lll1CC, all )lfoperty and persons within
descnbed above shall be subject to all ordillllllCCS, resolutions, police
l... Jl"d. ~"- ~I" I
Frank Thomason, being duly sworn, deposes
and says: That he is the Principal Clerk of
Valley Times, a weekly newspaper published at
Eagle, Ada County, State of Idaho; that the said
newspaper is in general circulation in the said
County of Ada, and in the vicinity of Meridian,
Star, and Eagle, and has been uninterruptedly
COMMENCING published in said County during a period of
from which the north,
1329.23 feet; thence, . seventy-eight consecutive weeks prior to the first
A) N.89"S3'W,publication of this notice, a copy of which is attached
westerly and ! hereto, and that the notice was published in
l)C;:?~~::.~ Valley Times, in conformity with Sec\ion 60-108,
2) S~utbeaste.rl Idaho Code, as amended, for --L- time(s)
length of 27: in the regular and entire issue of said paper, and
and distance was printed in the newspaper proper, and not in a
J) S.61"23'Ot" supplement; and that said notice was published
4) Southeasterl . d
length of 11' A/ on t~e followmg ates:
anddistance Beginning u (' lb b: L L) Ldd1
Parcel IV, 0 .
the easterly! L
Ada County.
5) ~r:;~: Ending (J- ~ ~ #. 2[) l do 1
said record ( 1 .-n
6) S.89"53~1O' . JJ1 ~ ( V"'\.1-^O-\-
along swd e
7) S.00047'35"
Disclaimer r STATE OF IDAHO)
the soutbeasl )SS
northerly !in ") ,,~}- COUNTY OF ADA)
Instrumentt- On this ol--- f day of Ci c:1 in the year of 2007
ofsurveyan . d
following 00 before me, a Notary Public, personally appeare
8) S.89"27'00" Thomason, known or identified to me to be the person
9) N.86047'20' whose name is subscribed to the within instrument,
~ IO)N69:l6:00: f1nd being by me..~t duly sworn, declared that the
11)N.78 49 00 It nt erei{Jre trtJ. a acknowledged to me that
12) 3.84001 '00" J
13)N.41'56'OO' . he executed the same.
14) 8.84048'00' C',
15)N.7l"35'OO' Notary Public for Idaho
I 6)N.74013 '00' Residingrat e~'sr' 10
l7)N. 59008'00' My Commission expires' CS / )-'} 1
l8)N.76008'OO' .' -(- --
Instrument]
N006888 ani
19) N.OOO36'35
first parcel {
Recotd of S
southerly 811
said record I
A parcel ofland be
North, Range I East, I
descn'bed as follows:
'n\l\I'i<l1\01Jl"41
Mayor: Nancy C. Merrill
October 26, 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
/k1li///i /U//(//0
558
Council: Stanley 3. Bastian
Phil Bandy
Steve Guerber
Scott Nordstrom
Enclosed herewith with please find a copy of Ordinance No. 579 which was recorded on
October 9, 2007 and Ordinance No. 556 and No. 558 both recorded on October 22, 2007
all of which annex property into the City of Eagle. Also enclosed is the Clerk
Certification.
If you have any questions 1 can be reached at Eagle City Hall, 489-8781.
Sincerely,
Tracy E. Osborn, CMC
Sr. Deputy Clerk/Treasurer
Encl.
Page 1 of 1
Tracy Osborn
From: Sharon Bergmann
Sent: Tuesday, October 30, 2007 2:57 PM
To: Tracy Osborn
Subject: FW: Receipt of: District EAGLE (CITY), Ordinance 558, 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: Tuesday, October 30, 2007 2:56 PM
To: asmcqurh@adaweb.net; daven@adaweb.net; Sharon Bergmann
Subject: Receipt of: District EAGLE (CITY), Ordinance 558, for tax year 2008
Dear Ms. Bergmann,
On 00-30-2007 we received your request regarding District EAGLE (CITY), Ordinance 558, for
tax year 2008. The State Tax Commission's processing number for this request is 2008-424. 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 2isntax.idaho.aov.
Sincerely,
GIS Staff
Idaho State Tax Commission
10/30/2007
December 4, 2007
Sharon Bergmann
Eagle City Clerk
660 Civic Lane
Eagle, ID 83616
'For 'The PeopCe of Idako
STATE TAX
COMMISSION
800 Park Blvd., Plaza IV • Boise, ID • 83722
EIVEC► & FQLECi
CITY OF EAGLE
DEC 14 2007
i File:
1 Route to
e4nakdA090-Azt
Subject: Ordinance No. 558 EAGLE (CITY)
Dear Ms. Bergmann:
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 rLtax.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