Ordinance - 2007 - 556 - Annex/Rezone Cabra Creek Subdivision - 10/09/2007
ADA COUNTY RECORDER J. DAVID NAVARRO
BOISE IDAHO 10/22107 08:02 AM
DEPUTY Gail Garrell
RECORDED - REQUEST OF
City 01 Eagle
AMOUNT
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5
III 1IIIIIIIIIIIIIItlIIIIIIIIIIII II III
107143935
ORDINANCE NO. 556
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, 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 have 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 R-2-
DA;and
WHEREAS, the property described in Exhibit "A" is located at 767 N. Linder Road; and
WHEREAS, the Planning and Zoning Commission of the City, pursuant to public notice as
required by law, held a public hearing on June 19,2006, 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 August 8, 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-
2-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 1 of3
K\COUNCIL\Draft Ordinances\Ord 556 Cabra Creek 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 (residential two
dwelling units per acre with development agreement) District Classification R-2-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 ofthe 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 (l0) 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 50-90IA, Idaho Code, may be published.
Page 2 of3
K\COUNCIL\Draft Ordinances\Ord 556 Cabra Creek doc
DATED this 9th day of October 2007.
CITY COUNCIL OF THE CITY OF EAGLE
Ada County, Idaho
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STATE OF IDAHO)
: ss.
County of Ada )
On this / L, day of (1:l0b.er ,in the year ~O()7-, before me, the undersigned, a
Notary Public in and for said State, personally appeared A/<l/7(,d 1:. /J1{;ro 1/ and
51 k'. . c" [/'--, 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.
Page 3 of3
K\COUNC'lLlDraft Ordinances\Ord 556 Cabra Creek doc
EXHIBIT "A"
RECEIVED & FILED
CITY OF EAGLE
OCT 1 1 2007
L J 0 " File:
ega escnptlon .Route to:
Cabra Creek Subdivision - Ann
A parcel located in the NE y.. of the SE y.. and the SE y.. of the NE y.. of Section 11, Township 4
North, Range 1 West, Boise Meridian, Ada County, Idaho, and more particularly described as
follows:
Commencing at an aluminum cap monument marking the northeast corner of said NE Y.i of the
SE y.., from which a brass cap monument marking the southeast corner of the SE Y.i of said
Section 11 bears S 0049'22" W a distance of 2645.29 feet;
Thence S 0049'22" W along the easterly boundary of said NE y.. of the SE y.. a distance of
144.40 feet to the POINT OF BEGINNING;
Thence continuing S 0049'22" W along said easterly boundary a distance of 149.95 feet to a
point;
Thence leaving said easterly boundary N 89010'38" W a distance of 25.00 feet to a 5/8 inch
diameter iron pin on the westerly right-of-way of N. Linder Road;
Thence leaving said westerly right-of-way N 78012'57" W a distance of 38.96 feet to a 5/8 inch
diameter iron pin;
Thence N 67"28'12" W a distance of 77.45 feet to a 5/8 inch diameter iron pin;
Thence N 86040'06" W a distance of 1185.65 feet to a 5/8 inch diameter iron pin on the westerly
boundary of said NE y.. of the SE Yo;
Thence N 0040'58" E along said westerly boundary a distance of 201.00 feet to a 5/8 inch
diameter iron pin marking the northwest corner of said NE y.. of the SE y..;
Thence N 0032'15" E along the westerly boundary of said SE y.. of the NE Y.i a distance of
590.40 feet to a 5/8 inch diameter iron pin;
Thence leaving said westerly boundary S 59046'19" E a distance of 805.00 feet to a 5/8 inch
diameter iron pin;
Thence S 59056'03" E a distance of 684.03 feet to a 5/8 inch diameter iron pin on the westerly
right of way of N. Linder Road;
Thence leaving said westerly right of way S 89010'38" E a distance of 25.00 feet to the POINT
OF BEGINNING.
Land~oh.Jtjons
L---~/. Land Su,...eyl~ .tnd CorlSu'tlng
This parcel contains 13.64 acres and is subject to
any easements existing or in use.
Clinton W. Hansen, PLS
Land Solutions. PC
October 11, 2007
Cabra Creek Subdivision
Job No. 07-73
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RECEIVED& FILE-~
CITY OF EAGLE I
!
UC I 2 5 2007
Valley Times
P.O. Box 1790 - Eagle, Idaho 83616
LEGAL ADVERTISING PROOF OF PUBLICATION
File:
Route to:
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Account: Identification: ),,-l>LA. Y\ ..."' "^-'
Address: (\' VI" LY'" Run Dates: I~ - '11-'07
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I l':.:.I' '\ () tic l' S
ORDINANCE NO. 556 I" - 1,,:'L' D1
NCE ANNEXING CERTAIN REAL PROPERTY SITUATED IN THE
IRATFD AREA OF ADA COUNTY, IDAHO, AND CONTIGUOUS TO THE
~ LiMns OF THE CITY OF EAGLE, TO THE CITY OF EAGLE, IDAHO;
NG THE ZONING CLASSIFICATION OF SAID REAL PROPERTY
HEREIN; AMENDING THE ZONING MAP OF THE CITY OF EAGLE TO
.m CHANGES; DIRECTING T.H;A T COPIES OF THIS ORDINANCE BE FILED
ID BY LAW: AND PROVIDING AN EFFECTIVE DATE.
he City of EaaIe. Idaho is . municipal corporation organized and operating under
, Stale of Idaho and is authorized to armex to and incorporale within the boundaries
ltipous real property in the manner provided by Section 50-222, Idaho Code; and
lUISII8IIt to C!.pter 65, titk 67, Idaho Code, the City of Eagle his the alllhority 10
ih and amend a Zoning Ordinance; and
he owners of the -' property Iituated in the lII1incoIporaIc area of Ada County
Iy described in Exhibil "A" of lhis ordilllll1Ce have requesled, in writing,
said real property to the City of Eagle; and
he owners of the real property situated within the City ofEacIe and particularly
xhibil K A" of tbis<<dinanl:e have requesled, in writing, a remoe &om Rtrr to R-2-
he property delaibed in ExIa'bit "A" is located at 767 N. Linder Roed; IIDII
he Planning andZoQioa Commissioa of the City, pursuant to public notice as
/II, heIcI apablicheaiDgonJ_ 19,2006, as requiftd by Sedioo67-6S2S, Idabo
Ie a recommendation to the Mayor and Council: and
he EaaIe City Council. punuanllO public notice as Illq1Iired by law, heIcI a public
pat 8, 2006. on the propoeed azmcxalion and 7JOI1ins for lbe real property
xbibit "A'.~ by SecIion 67-6S2S.1dabo Code, made findings and
It the tequesled lIIDeXlItiOD should be gI'llIIled and !bat a zoning classificalion of R.
m>perty described ill Exhibit 'Aft is appropriate to meet the requiremenlS of Idaho
ity Code and !he Eagle Comprehensive Plan and should be granted.
WORE, BElT ORDAINED BY THE MAYOR AND COUNCIL OF THE CITY
>AHO, as follows:
: Eaglc City Council hereby finds and ~1ares that !he real property particularly
,hibil "A". attached hereto and incorporaled herein by n:mence, is contiguous to
lid propeny can be reasonably assumed to be used for the orderly development of
lilt the owner of said propertylw requested, in wriling, annexation !hereof to the
, real property. all silUaled in Ada County, Idaho, adjacent and contiguous 10 lite
ty described in Exhibit "A" and as generally shown on Exhibit "B", attached, is
I to !he illCOl'JlO1'8led teniloriallimits of !he City of Eagle. Idaho.
City Council heIdly finds and determineS that it is in the best inlen:sls of the
afety, and welfareoCtheCity of Eagle and the residents and property therein that
:y particularly described in Exhibit "A" and generally as shown 011 Exhibit "8""
and im:orporated by reference, is hereby remo~ from the RUT (RW'll1 Urban-
trict classificalion and is hen:by included in lhe Residential (n:sidential two
per acte with development agreement) District CIassification R-2,DA all PlII'SUlllIl
ltdinance of the City of Eagle. The City Council further finds and determines thai
,c\Jm ~",:,,]Wi.th !be.1NJe ~ Plan and ~CityCodes.
.. _~'.';';,. .'.'" -:;.: ''t.r .:.' "'. . ~ ., ." '::,+
o~cial ~oning ~ap o~the City of Eagle, Idaho. ishen:by amended to rel1ect the
.~.. .... '.~""'."~. ..1.....~.r.........~.....
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
published in said County during a period of
seventy-eight consecutive weeks prior to the first
publication of this notice, a copy of which is attached
hereto, and that the notice was published in
Valley Times, in conformity with Section 60-108,
Idaho Code, as amended, for L- time(s)
in the regular and entire issue of said paper, and
was printed in the newspaper proper, and not in a
supplement; and that said notice was published
r"l_ L 9n the following dajt s:
Beginning V(..AV~1- LL. 2LD_
. ,
Z
Ending ~'" h-"i' 2..~ I 1007
t t_ 1Lt"L'vo<~
STATE OF IDAHO)
)SS
,,(\ COUNTY OF ADA)
On this ).. 5' day of U'c-L in the year of 2007
before me, a Notary Public, personally appeared
Frank Thomason, known or identified to me to be the person
whose name is subscribed to the within instrument,
/~nd being by me firrydulY sworn, declared that the
stat~m}nts rein are true, nd knowledged to me that
o . . ' he executed the same.
Notary Public for Idaho
Residin,at B1e,I0
My Commission expires: ~. )... I II
I r
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
put Leo( /v/ 2(/o7
55 -
Council: Stanley J. 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.
Si erely,
Tracy E. {Osborn, CMC
Sr. Deputy Clerk/Treasurer
Encl.
Page 1 of 1
Tracy Osborn
From: Sharon Bergmann
Sent: Tuesday, October 30, 2007 2:58 PM
To: Tracy Osborn
Subject: FW: Receipt of: District EAGLE (CITY), Ordinance 556, 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 556, for tax year 2008
Dear Ms. Bergmann,
On 00-30-2007 we received your request regarding District EAGLE (CITY), Ordinance 556, for
tax year 2008. The State Tax Commission's processing number for this request is 2008-423. 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 a isntax.idaho.aov.
Sincerely,
GIS Staff
Idaho State Tax Commission
10/30/2007