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Ordinance - 2007 - 589 - Rezone Tank Lot/East Hill Water Reservoir Site - 11/13/2007 ORDINANCE NO. 589 AN ORDINANCE DECLARING THE ZONING CLASSIFICATION OF THE REAL PROPERTY DESCRIBED HEREIN TO PS-DA (PUBLIC/SEMIPUBLIC WITH DEVELOPMENT AGREEMENT) CLASSIFICATION; AMENDING THE ZONING MAP OF THE CITY OF EAGLE TO REFLECT SAID CHANGE; 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 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 Planning and Zoning Commission of the City, pursuant to public notice as required by law, held a public hearing on July 16,2007, as required by Section 67-6509, Idaho Code, and made a recommendation to the Mayor and Council on August 6, 2007; and WHEREAS, the Eagle City Council, pursuant to public notice as required by law, held a public hearing on October 2, 2007, on the proposed zoning for the real property described in Exhibit "A" as required by Section 67-6509, Idaho Code, made findings and determined that the requested zoning classification of PS-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 is hereby granted. NOW THEREFORE, BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE CITY OF EAGLE, IDAHO, AS FOLLOWS: Section 1: 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" be included in the PS-DA (Public/Semipublic with development agreement) zoning classification 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 2: The described real property generally as shown on Exhibit "B" and located as specifically described in the attached legal description Exhibit "A" all situated in the City of Page I of2 K:\COUNCrL\Draft Ordinances\Ord 589 City of Eagle Tank Site,doc Eagle, Ada County, Idaho, is hereby included III the PS-DA (Public/Semipublic with development agreement) zoning classification. Section 3: The official Zoning Map of the City of Eagle, Idaho, is hereby amended to reflect the foregoing change in zoning classification. Section 4: This ordinance shall take effect and be in force from and after its passage, approval, and one (1) publication of the ordinance in the official newspaper of the City. DATED this 13th day of November 2007. CITY COUNCIL OF THE CITY OF EAGLE Ada County, Idaho L ~'''''''''. ~ t.AGL~ .... ~ ?;:''l -...; " 160."'" o.."T6'......\ .~ ~ \ ~ :...". oQ;- .- : u: 0 .' ;::' 0: : .<." , "'"v~:...: :... .. G r~ Q:.... I ~..... c;.,v ,,'<I..~= . .I,~ t-.L"'\~ ":0.. ....'I.,.'I<\>o~.. ,v..~ '~ ,_....... . \: .... '" \ 14 I'f 0 ..' #"1. ~ ,.., "" It ....,. ATTEST: ~J~~~ ,\(~~ Sharon K. Bergmann, Eagle City Clerk STATE OF IDAHO) : ss. County of Ada ) On this / i,P day of NOV)p1be..r , in the yearc:!CO':/ , before me, the undersigned, a tary Publj92.i~ and for said State, personally appeared .fja~ E fVky,--d / and tu.n. , known to me to be the MAYOR and TY CLERK of said municipal corporation that xecuted 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 af lxed my official s first written. Public Page 2 of2 K\COUNCIL\Draft Ordinances\Ord 589 City of Eagle Tank Site.doc EXHIBIT "A" rtrt...~ CITY OF EAt:lLE JUN 1 3 2007 LAND DESCRIPT.ION EAST HILL WATER RESERVOIR SITE LEASE AREA File: Route to: A parcel of land situated in the NW1/4SW1/4 of Section 2, Township 4 North, Range 1 East, Boise Meridian, Ada County, being more particularly described as follows: Commencing at the Quarter Comer common to Sections 2 & 3, being monumented by a brass cap as shown on Record of Survey No. 3091, recorded at Instrument No. 95006284, records of Ada County; Thence South 89040'28" East 400.00 feet along the north line of the southwest quarter, also being the north line of Agreement No. 6905, a lease agreement between Ada County and the City of Eagle for Ada-Eagle Sports Complex, to the POINT OF BEGINNING; Thence leaving said north line South 30038'23" East 525.00 feet along the easterly boundary line of said Lease Agreement No. 6905, Thence North 59021'37" East 209.78 feet, perpendicular to said easterly line; Thence North 00019'32" East 342.24 feet, perpendicular to said north line, to a point on the north line of said southwest quarter; Thence along said north line North 89040'28" West 450.00 feet, to the POINT OF BEGINNING. Containing 3.03 acres, more or less. The basis of bearing for this description being Record of Survey No. 3091, recorded at Instrument No. 95006284, Ada County Recorder's Office. Prepared by: Dean J. Coon, PLS, Err Holladay Engineering Co. G:\Eg\051404\survey\Legal Descr1ption_Water Tank.doc Page lof 1 (') (V , . ~ ~ ~ '" WATER TANK SITE ANNEXATION EXHIBIT ~ ... o a; ~ ~ ~ JUN 1 3 2007 EXHIBIT "B" File: ute to: PARCEL ":5110110100 'Z .... ~ 8 ~ iii j~ -'~ n -&I') -'l.O '" ~ :3>-' ~ =~ 11 .~ :g ""'0 ~ ""1_ S -x: Ui ..JI ~ -z ~ r\ n3!IJI1JL/ I Ii! HHOLLADAY ENGINEERING CO .- .,-- ~ _ . _WIll % E -lUf'I'_.... -.. ~'!...- !:Y ...........-.~~ <!i .: )( ~ PARCEl.. S05022442C1O RI'? PARCEL 1t38101101 7ll PMCFL 1Ullt01101711 NOT ro SCALE WATER TANK SITE ANNEXATION EXHIBIT CITY OF EAGLE Message Page I of I Tracy Osborn From: Tracy Osborn Sent: Friday, November 16, 2007 11 :04 AM To: Legal Notices(historydoc@uswest.net) Subject: Ord 589 Please publish that attached ordinance one time on November 19,2007 with a notation stating that Exhibit B is available at Eagle City Hall (660 E. Civic Ln. Eagle, Idaho) for review. Tracy E. Osborn, CMC Deputy Clerk City of Eagle, Idaho P.O. Box 1520 208-489-8781 11/16/2007 Mayor: Nancy C. Merrill CITY OF EAGLE P.O. Box 1520 Eagle, Idaho 83616 939-6813 Council: Stanley J. Bastian Phil Bandy Steve Guerber Scott Nordstrom November 16, 2007 Ada County Assessor Attn: Land Records 200 W. Front St. Boise, ID 83702 RE: Ordinance No. 577 & 589 Enclosed herewith for your information please find a copy of Ordinance No. 577 & 589 which rezones property within the City of Eagle. Should you have any questions regarding this rezone ordinance, please call the Planning and Zoning Department at 939-0227 or myself at 939-6813. Si erely, ~ O*- Tracy E. sbom, CMC Sr. Deputy City Clerk/Treasurer Ene!.