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Ordinance - 2007 - 590 - Annex/Rezone Countryland Subdivision - 11/13/2007 ADA COUNTY RECORDER; VID NAVARRO BOISE IDAHO 12/1:1107 01 :4Y PM DEPUTY Patti Thompson RECORDED - REQUEST OF City 01 Eagle AMOUNT .00 5 11I1111111111111111111111111111I11111 1137164793 ORDINANCE NO. 590 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; CHANGING THE ZONING CLASSIFICATION OF SAID REAL PROPERTY DESCRIBED HEREIN FROM RUT (RURAL URBAN TRANSITION) TO R-2-DA (RESIDENTIAL WITH A DEVELOPMENT AGREEMENT); AMENDING THE ZONING MAP OF THE CITY OF EAGLE TO REFLECT SAID CHANGE; 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, the owner 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 owner of the real property situated within the City of Eagle and particularly described in Exhibit "A" of this ordinance has requested, in writing, a rezone from RUT to R-2- DA; 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 on October 30, 2006; and WHEREAS, the Eagle City Council, pursuant to public notice as required by law, held a public hearing on January 9, 2007, 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 ofR- 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 00 K:\COUNCIL\Drafl: Ordinances\Ord 590 Countryland Estates.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 here to and included herein by reference, 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, be removed from the RUT (Rural Urban Transition) zoning classification and included in the R-2-DA (Residential with a 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 4: 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 Eagle, Ada County, Idaho, is hereby removed from the RUT (Rural Urban Transition) zoning classification and the real property described in Exhibit "A" is hereby included in the R-2-DA (Residential with a development agreement) zoning classification. Section 5: The official Zoning Map of the City of Eagle, Idaho, is hereby amended to reflect the foregoing change in zoning classification. Section 6: 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 7: 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 8: 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 Page 2 of3 K:\COUNCIL\Drafl Ordinances\Ord 590 Countryland Estates.doc thereof in compliance with Section 50-901A, Idaho Code, may be published. DATED this 13th day of November 2007. .~","I"'"". .., GAGL " .' G., Ii '" ,.... 0 ~..:........ '''. fit .\ e. # $ L.....' o"ATJi'... ~ 1It~. ~ ... ... ....... ~ \ ~ : U: 0 , -: : . . U · 1... r-. 0 - . . "..... V 0<. .. ~ \ G r"" ;: ~ : -:..... S Y "Iv. T : "" e. 1'"" "'.. ",. ... ...... _. COR pO".. ,'J ~ " ........ X .... '" S]'ATE 0 ..' '#I,.t"\ ",,- "'""1"'" ATTEST: il V-+--'o '?- (2:; O~ <---'Sharo11 K. Bergmann, Eagle Cit)j Clerk STATE OF IDAHO) : ss. County of Ada ) On this k day of N()Vitfl..h.ev- , in the year 07, before me the ~ndersigned, a Jiotary PUbli~' and for said State, personally appeared C vrll and ~ r. 1\ , known to me to be the MA YOR and CITY CLERK of said municipal corporation that e ecuted thIs mstrument and the persons who executed the SaId lllstrument 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 sea first written. n, ~ary If~blic at. U)1..Cc...J.t;fCJYL.O ission Expires: /d/=:23)O'g Page 3 00 K\COUNCILlDraft Ordinances\Qrd 590 Countryland Estates,doc llal '-'- YIO U.1.i .1Up . -row Lane 208 '39-7321 p.2 ARRN.w land Surveying, Inc. " ...;) H) ;\ , '. GPS, BOUNDARY, '1{)I>of'RAPHIC AND A.L.T.A. " "'."1' ~'SURVEYS th') CO, UCTION STAKING 3D SCANNING I . !fax: 1-288-939.7321 I .; :" 1121 E. State Street . Suite 185 . Eagle, Idaho 83616 i .'-" ! ,.:,...- - .' office: 1-218-939-7373 . ...... ..... ~....-.~~~ . ....-... .. Exhibit "A" Job No. 04957 J.B.F. 3-16-06 LEGAL DESCRIPTION FOR COUNlRYLAND SUBDIVISION Overall Boundary A portion ofthe Northeast 1/4 of the Southwest 1/4 of Section 7, Township 4 North, Range I East of the Boise Meridian, City of Eagle, Ada County, Idaho described as: Commencing at the West Quarter comer of Section 7, Township 4 North, Range 1 East of the Boise Meridian, City of Eagle, Ada County, Idaho and running thence N89"25'10"E 1190.58 feet along the Center EBSt- West line of said Section to the Center West 1/16 comer of said Section; thence N89"2S'I7"E 993.64 feet along the Center East- West line of said Section to the Northeast comer of Timberland Estates Subdivision (said point being the Point of Beginning); thence N89"2S'I7"E 331.22 feet to the Center Quarter comer of said Section; thence SI 011'05"W 833.61 feet along the Center North- South line of said Section; thence S89"41'00"W 299.98 feet; thence 81 011' 14"W 397.38 feet to a point on the North right-of-way of State Highway 44; thence S89041'31"W 30.12 feet along said North right-of-way to a point on the East line of Timberland Estates Subdivision; thence Nl o08'07"E 1229.44 feet along the East line of said Subdivision to the point of beginning. Parcel contains 6.60 acres and is subject to a Waterline Easement recorded as Instrument No. 102118189 in the Ada COWlty Recorders Office. Exhibit "B" N (j). . . W E . . s For The 'Peop1 of Idaho 0 REG EIVED & FILED CITY OF EAGLE rel - STATE TAX COMMISSION 800 Park Blvd., Plaza IV • Boise, ID • 83722 January 24, 2008 Sharon Bergmann Eagle City Clerk 660 Civic Lane Eagle, ID 83616 Subject: Ordinance No. 590 EAGLE (CITY) Dear Ms. Bergmann: JAN 2 9 2008 FII.' Route to• 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 ,is ,tax.idaho.eov or by phone at 208-334-7750. Thank you for your cooperation. Sincerely, ct44#44-4 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 Q000k Equal Opportunity Employer t4, -o, r•,no., Tnn onn X71 2c10 Message Page 1 of 1 Tracy Osborn From: Tracy Osborn Sent: Friday, November 16, 2007 11:04 AM To: Legal Notices(historydoc@uswest.net) Subject: Ord 590 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 \ 1) (OAS r