Ordinance - 2007 - 578 - Annex/Rezone - 10/23/2007
ADA COUNTY RECDRDER J. DAVID NAVARRO AMOUNT .00 6
BOISE IDAHO 11/19/07 04:48 PM
DEPUTY Bonnie Oberbillig 1111111111111111111111111111111111111
RECORDED-REQUEST OF 107155764
Eagle City
ORDINANCE NO. 578
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, 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 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 January 8, 2007, 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 February 13, 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 of
MU-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\Drafl: Ordinances\Ord 578 Orchards 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 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 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 ofa 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 50-90 I A, Idaho Code, may be published.
Page 2 00
K:\COUNCILlDraft Ordinances\Ord 578 Orchards_doc
DA TED this 23rd day of October 2007.
CITY COUNCIL OF THE CITY OF EAGLE
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Nan C. Me . 11, Mayor
ATTEST:
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Sharon . Bergmann, Eagle Ci Clerk
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STATE OF IDAHO)
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County of Ada )
On this J day of J'.hW.Jnhy- , in the yearo;tJtfI- , before me, the undersigned, a
Notary Public in and for said State, personally appeared~L ffl.:>vnll and
, 'Sl.-YlVOv\ ~.~~maYIV1 , known to me to be the MAYOR: and CITY 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 affixed my official seal the day and year
first written.
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Page 3 of3
K:\COUNClL\Draft Ordinances\Ord 578 Orchards_doc
RECEIVED & FILED
CITY OF EAGLE
SEP 0 6 2006
File:
Route to:
THE LAND GROUP, INC.
August 24, 2006
Project No. 06176
Legal Description
ORCHARDS EAGLE
24.87 Acres
EXHIBIT A
A tract of land for annexation and rezone purposes situatcd in Lots 13 and 14 of
COMPTON ANDREWS TRACT, (a recorded subdivision in Book 5 of Plats at page
223, records of Ada County, Idaho), U.S. Government Lots 1 and 12 of Section 14, and a
portion of the Southeast One Quarter of Scction 11, all in Township 4 North, Range 1
Wcst, Boise Mcridian, Ada County, Idaho, described as follows:
Commencing at a found aluntinwn cap monumenting the East Onc Quartcr of said
Section lIon the centerline of North Linder Road;
Thence following the easterly Iinc of said Section 11 and thc centerline of said North
Linder Road, South 00049'22" West a distance of 2,052.50 feet to a point being the
intcrscction of said North Linder Road and thc centerlinc of Old Vallcy road being the
POINT OF BEGINNING.
Thence continuing South 00049'22" Wcst a distance of592.96 feet to a found
Brass Cap monumenting the Southeast Comer of said Section 11;
Thencc leaving said easterly line and following the easterly line of said Section 14
and the centerline of said North Linder Road, South 00040'52" West a distance of
1,178.04 feet to a point on the mean high water line of the North Channel of the
Boise River as established by The Idaho Departmcnt of Lands;
Thence Icaving said easterly line and said centerline and follOWing the mean high-
watcr line of said North Channel of the Boise River thc following five courses:
North 82019'05" West a distancc of J 86.96 fect to a set 5/R.inch steel pin;
North 35037'12" West a distance of63.97 feet to a set 5/8-inch steel pin;
North 70006'52" West a distancc of229.91 feet to a set 518.inch steel pin;
North 63008'3 J" West a distance of 122.49 feet to a set 5/8-inch steel pin;
North 38024'12" Wcst a distance of 168.74 feet to a set 5/8-inch sleel pin
on the westerly line of Lot 14 of said COMPTON ANDREWS TRACT;
Thence leaving said mean high-water linc and following the westerly line of said
Lot 14, North 00040'52" East a distance of 1,398.40 feet to a set 5/8-inch steel
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4"2 E, Sill"', Driv<:. St<:, 100, "ollk. l<lolm 8%1" . J> 208.939.4041 fI 208,939.44.15 . www,lhd.mlgl'ollpiou;o",
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TIn. LAND (;ROUP. INC.
pin monumenting the Northwest Corner of said Lot 14;
Thence leaving said westerly line, North 00040'52" East a distance of25.00 fcet
to a point on the centerline of said Old Valley Road;
Thence following the centerline of said Old Valley Road, North 89035'03" East a
distance of658.46 fcet to the POINT OF BEGINNING.
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The above described tract of land contains 24.87 acres, more or less, subject to all
existing easements and rights-of-way.
Prepared By; THE LAND GROUP, INC.
140 RIVER VISTA PLACE
TWIN FALLS, IDAHO 8330 I
208-733-4041
208-733-4045 (FAX)
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462 E. Shor~ Drive, Stc. 100, Eagle, Idah" 83616 . f> 208.939.4041 F 208.939.444$. www.thdnndgroupinf.l:om
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Orchards Vicinity Map
EXHIBIT "B"
-....."
RECEIVED & FILED '"
CITY OF EAGLE
SEP 0 6 2005
File:
Route to:
N
SCALE 1 9,445 A
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500 0 500 1,000 1,500
FEET
November 5th, 2007
Valley Times
P.O. Box 1790 - Eagle, Idaho 83616
Valley Times
ORDINANCE NO. 578
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 teal 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 hasrequested, 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 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 January 8, 2007, 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 February 13, 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 of
MU -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.
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 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 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 end 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 atter 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.
DATED this 23rd day of October 2007.
August 24, 2006
Project No. 06176
Legal Description
ORCHARDS EAGLE
24.87 Acres
RECEIVED & FILED
CITY OF EAGLE
NOV 1 5 2007
File.
Route to.
EXHIBIT A
A tract of land for annexation and rezone purposes situated in Lots 13 and 14 of
COMPTON ANDREWS TRACT, (a recopied subdivision in Book 5 of Plats at page
223, records of Ada County, Idaho), U.S. Government Lots 1 and 12 of Section 14, and
portion of the Southeast One Quarter of Section 11, all in Township 4 North, Range 1
West, Boise Meridian, Ada County, Idaho, described as follows:
Commencing at a found aluminum cap monumenting the East One Quarter of said
Section 11 on the centerline of North Linder Road;
Thence following the easterly line of said Section 1 t and the centerline of said North
Linder Road, South 00°49'22" West a distance of 2,052.50 feet to a point being the
intersection of said North Linder Road and the centerline of Old Valley mad being the
POINT OF BEGINNING.
Thence continuing South 00°49'22" West a distance of 592.96 feet to a found
Brass Cap monumenting the Southeast Corner of said Section 11;
Thence leaving said easterly line and following the easterly line of said Section 1
and the centerline of said North Linder Road, South 00°40'52" West a distance o
1,178.04 feet to a point on the mean high water line of the North Channel oldie
Boise River as established by The Idaho Department of Lands;
Thence leaving said easterly line and said centerline and following the mean higl
water line of said North Channel of the Boise River the following five courses:
North 82°19'05" West a distance of 186.96 feet to a set 5/8-ineh steel pin
North 35°3712" West a distance of 63.97 feet to a set. 5/8 -inch steel pin;
North 70°06'52" West a distance of 229.91 feet to a set 5/8 -inch steel pin
North 63°08'31" West a distance of 122.49 feet to a set 5/8 -inch steel pin
North 38°24'12" West a distance of 168.74 feet to a set 5/8 -inch steel pin
on the westerly line of Lot 14 of said COMPTON ANDREWS TRACT;
Thence leaving said mean high-water line and following the westerly line of sair
Lot 14, North 00°40'52" East a distance of 1,398.40 feet to a set 5/8 -inch steel
pin monumenting the Northwest Corner of said Lot 14;
Thence leaving said westerly line, North 00°40'52" East a distance of 25.00 fet
to a point on the centerline of said Old Valley Road;
Thence following the centerline of said Old Valley Road, North 89°35'03" Eas
distance of 658.46 feet to the POINT OF BEGINNING.
The above described tract of land contains 24.87ms, ,tis, more or less, subject to all
existing easements and rights-of-way.
Prepared By:
THE LAND GROUP, INC.
140 RIVER VISTA PLACE
TWIN FALLS, IDAHO 83301
208-733-4041
208-733-4045 (FAX)
Note: Exhibit B may be reviewed at Eagle City Hall, 660 E. Civic Lan
Eagle, B383616.
My %AArn,naawrr VANnaa. �, -err/ r .
Message
///?, kAJ �q
Tracy Osborn
From: The Valley Times [historydoc@qwest.net]
Sent: Thursday, November 01, 2007 3:42 PM
To: Tracy Osborn
Subject: RE: Ordinance No. 578
Tracy,
Receipt confirmed; thank you very much.
Frank
Original Message
From: Tracy Osborn [mailto:tosborn@cityofeagle.org]
Sent: Thursday, November 01, 2007 3:09 PM
To: historydoc@uswest.net
Subject: Ordinance No. 578
///kalfc 1 of 1
Please publish the attached ordinance one time only. With the note that Exhibit B may be
reviewed at Eagle City Hall 660 E. Civic Ln. Eagle, ID 83616
Thanks Big Frank!
Tracy E. Osborn, CMC
Deputy Clerk
City of Eagle, Idaho
P.O. Box 1520
208-489-8781
11/1i,nm
For ?Tie Peop(c of Idaho
STATE TAX COMMISSION
800 Park Blvd., Plaza IV • Boise, ID • 83722
December 27, 2007
Sharon Bergmann
Eagle City Clerk
660 Civic Lane
Eagle, ID 83616
Subject: Ordinance No. 578 EAGLE (CITY)
Dear Ms. Bergmann:
RECEIVED & FILED
CITY OF EAGLE
JAN 1 2008
Flle
Routs
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 ilis()tax.idaho.zov 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
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