Ordinance - 2007 - 574 - Annex/Rezone Catalpa Subdivision - 07/24/2007
ADA COUNTY RECORDER J. DAVID NAVARRO
BOISE IDAHO 02128/08 02:16 PM
~~~~~E~~~:~~W:;~F 11111111111 I III I 1111111 I III III I 111111
CIIy of Eagle ~ ~ 108022899
re-~eeoro
AMOUNT .00
ADA COUNTY RECORDF"~. DAVID NAVARRO
BOISE IDAHO 08/23107 j(J PM
DEPUTY Vicki Allen
RECOROED - REQUEST OF
City 01 Eagle
AMOUNT .00
5
7
107119113
ADA COUNTY RECORDER J. DAVID NAVARRO
BOISE IDAHO 11119107 04:48 PM
DEPUTY Bonnie Oberbillig
RECORDED - REQUEST OF
Eagle City ~e-v~
ORDINANCE NO. 574
AMOUNT .00
5
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;
EST ABLISHING THE ZONING CLASSIFICA nON 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 R-E-
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 22,2007, 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
R-E-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:ICOUNClLIDraft OrdinanceslOrd 574 Catalpa Subdivision doc
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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 Estates (Residential
Estates with a development agreement) District classification R-E-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 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 of3
K\COUNCIL\Draft Ordinance,lOrd 574 Catalpa Subdivi,ion.doc
DATED this 24th day of July 2007.
CITY COUNCIL OF THE CITY OF EAGLE
Ada County, Idaho
Sharon K. Bergmann, Eagle City CI k
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STATE OF IDAHO)
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County of Ada )
On this ~ day 00.,(j'1 ' in the year;)(JY.J , before me, the undersigned, a
Notary Public in and for said State, personally appeared NANCY C. MERRILL and SHARON
K. BERGMANN, known to me to be the MAYOR and CITY CLERK of said municipal
corporation that 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
first written.
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Page 3 of3
K:\COUNCIL\Draft Ordinances\Ord 574 Catalpa Subdivision.doc
EXHIBIT "A"
PARCEL DESCRIPTION
November 15, 2007
PROJECT:
PARCEL NO.:
Catalpa Subdivision (06161)
Annexation Legal Description
A parcel ofland being a portion of Government Lot 4, of Section 6, T.4 N., R. 1 E., B.M., Ada County, Idaho,
more particularly described as follows:
COMMENCING at the found 5/8" rebar, (comer record #8825599) marking the northwest comer of said Section 6;
Thence South 00054'00" West coincident with the west line of said Section 6, a distance of 666.99 feet to a found
5/8" rebar/cap PLS 4431 and the POINT OF BEGINNING;
Thence South 89016'55" East, 218.95 feet to a found 5/8" rebar/cap PLS 4431;
Thence North 00052' 52" East, 87.08' feet to a found 5/8" rebar/cap PLS 4431;
Thence South 89016'16" East, 143.50 feet to a found 5/8" rebar/cap PLS 10782;
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Thence South 89016'44" East, 749.00 feet toa found 5/8" rebar/cap PLS 4431 on the east line of said Government
Lot 4;
Thence South 0024'49" East coincident with said east line of Government Lot 4, a distance of745.50 feet to a found
5/8" rebar/cap PLS 4431 marking the southeast comer of said Government Lot 4;
Thence South 89050'32" West coincident with the south line of said Government Lot 4, a distance of 1128.70 feet to
a found 5/8" rebar marking the southwest comer of said Government Lot 4;
Thence North 00054'00" East coincident with said west line of said Section 6, a distance of 675.60 feet to the
POINT OF BEGINNING.
The parcel above described contains 18.95 acres more or less.
Together with and subject to covenants, easements and restrictions of record.
B:\Dave Callister\Chester - 9 lot Eagle Subdivision\DrawingsISurvey\LEGAL\ANNEXA TION LEGAL REV 2.doc
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11115/07
EXHIBIT IIA II
PARCEL DESCRIPTION
January 29, 2008
PROJECT:
PARCEL NO.:
Catalpa Subdivision (06161)
Annexation Legal Description
A parcel ofland being a portion ofSE 1/4 of the NE 1/4 of Section 1, T. 4 N., R. 1 W., H.M., Ada County, Idaho,
and as shown as Parcel A, on Record of Survey No. 3049, Ada County Records, more particularly described as
follows:
COMMENCING at the northeast comer of said Section 1;
Thence South 00029'31" West coincident with the east line of said Section 1, a distance of 1342.58 feet to the
N 1/16 comer common to Sections 1 and 6, and the POINT OF BEGINNING;
Thence continuing South 00029'31" West coincident with the east line of said Section 1, a distance of 105.00 feet;
Thence North 89037'23" West, 155.95 feet;
Thence South 0029'31" West parallel with said east line of Section 1, a distance of 69.50 feet;
Thence North 89037'23" West, 144.05 feet;
Thence North 0029'31" East parallel with said east line of Section 1, a distance of 174.51 feet;
Thence South 89037'23" East, 300.00 feet to the POINT OF BEGINNING.
The parcel above described contains 0.95 acres more or less.
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Together with and subject to covenants, easements and restrictions of record.
Note: This legal description was written without the benefit of a field survey by the registrant whose name is shown
hereon, but was written based on Record of Survey No. 3049, Ada County Records.
B:\Dave Callister\Chester - 9 lot Eagle Subdivision\Drawings\Survey\LEGAL\ANNEXA nON LEGAL REV 3.doc
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1/29/08
EXHIBIT "B"
ANNEXATION LEGAL FOR
CATALPA SUBDIVISION
A PORTION OF THE SE 1/4 OF THE NE 1/4, OF SECTION 1
TOWNSWP 4 NORTH, RANGE 1 WEST, BOISE MERIDIAN
ADA COUNTY, IDAHO
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TREASURE VALLEY ENGINEERS, INC.
1204 6TH STREET NORTH
NAMPA, /DAHO 83687
(208) 463-0305
FAX (208) 463-4391
mailtJTreasure VaJ/eyEngin eers. com
ENGINEERS. PLANNERS. SURVEYORS
VISIT OUR WEB SITE: WTYW. TresBure Va/JeyEngineers. com
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EXHIBIT "B"
EXHIBIT "B"
ANNEXATION LEGAL FOR
CATALPA SUBDIVISION
A PORTION OF THE GOVERNMENT LOT 4, OF SECTION 6
TOWNSHIP 4 NORTH, RANGE 1 EAST, BOISE MERIDIAN
ADA COUNTY, IDAHO
2007
I'D 5/8 REBAR
NW COR SECTION 6
CP&F #8825599
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NAM?A, IDAHO 83887
(208) 483-0305
FAX (208) 463-4391
mailfJTreasure ValleyEnlin eers. com
ENG1NEERS . PLANNERS · SURVEYORS
VISIT OUR frEB SITE: www.TrcasureValIeyEnginecrs.com
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Valley Times
P.O. Box 1790 - Eagle, Idaho 83616
LEGAL ADVERTISING PROOF OF PUBLICATION
Account _CAd12 c Cu
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Address: � � � � � vN
Ca —t T tiOAZ
Identification: On at ct r LA- AN 5-7 T
Run Dates: L1 01
ORDINANCE NO. 574
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 bFPbCTIVE DATE.
WHEREAS, the City of Eagle, Idaho is a municipal corporation organized and operating under
the laws of the State ofldaho 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 R -E-
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 22, 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
R -E -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 fads 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 w be used Sar 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 imerests of the
public health, safety, and welfare of the City of Eagle and theresidents 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 Estates (Residential
Estates with a development agreement) District classification R -E -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 of a map and legal description of the real
property annexed by this Ordinance.
DATED this 24th day of July 2007.
CITY COUNCIL OF THE CITY OF EAGLE
Ada County, Idaho
Sharon K. Bergmann, Eagle City CI
STATE OF IDAHO )
:ss.
County of Ada )
,ses
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said
said
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Id of
first
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sd in
On this &4 day of JL4 /61in 1.108,
Notary Public in and for said State, personally aprie(S)
K. BERGMANN, known to me to be the MAYO, and
corporation that executed this instrument and thein a
behalf of said corporation, and acknowledged to Shed
In witness whereof, I have hereunto set my handates:
first written.
LEGAL DESCRIPTION:
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1
EXHII
itHO)
)SS
GOVERNMENT LOT 4 LOCATED IN A PORTION 01D DA )
TOWNSHIP 4 NORTH, RANGE 1 EAST, BOISE ME
2007
EXCEPTING THEREFROM: THE NORTH 400 FEET'eared
ALSO EXCEPTING THEREFROM: erscn
A PORTION OF GOVERNMENT LOT 4 LOCATED id ment,
SECTION 6, TOWNSHIP 4 NORTH, RANGE 1 E tat the
MORE PARTICULARLY DESCRIBED AS FOLLOWS:
le that
BEGINNING AT A POINT MARKING THE NORTHNSame.
QUARTER OF SECTION 6, WHICH BEARS
SOUTH 89°57'30" WEST A DISTANCE OF 2425.0;
SAID SECTION 6; THENCE
SOUTH 0°03'30" EST 400.00 FEET ALONG THE Idaho
QUARTER OF SECTION 6, TO A POINT, SAM POl e, ( ID
THENCE
NORTH 89°57'30° EAST 1107.34 FEETALONG'A 1
OF THE NORTHERLY BOUNDARY OF SAID NORTI
THE EASTERLY BOUNDARY OF GOVERNMENT LC
SOUTH 1°23'05" EAST 180.00 FEET ALONG THE
TO A POINT; THENCE
SOUTH 89°57'30" WEST 889.47 FEET ALONG AI
NORTHERLY BOUNDARY OF SAID NORTHWEST
SOUTH 0°03'30" EAST87.00 FEET ALONG A LIN
THE WESTERLY BOUNDARY OF SAID NORTHWE
THENCE
SOUTH 89°5730" WEST' 219.00 FEET TO A P01^
NORTHWEST QUARTER OF SECTION 6; THEW
CITY OF EAGLE
P.O. Box 1520
Eagle, Idaho 83616
939-6813
February 28, 2008
Idaho State Tax Commission
P.O. Box 36
Boise, Id 83722
Dear Sir:
Enclosed herewith please find a copy of the second revision (correcting the legal
description) to Ordinance No. 574 which annexes property into the City of Eagle re-
recorded on February 28, 2008. Also enclosed is the Clerk Certification for the
ordinance.
If you have any questions I can be reached at Eagle City Hall, 489-8781.
Si erely,
.ate Od./-
Tracy E."Osborn, CMC
Sr. Deputy City Clerk/Treasurer
Encl.
For The cPeopte of Idaho
STATE TAX COMMISSION
800 Park Blvd_, Plaza IV • Boise, ID • 83722
May 5, 2008
Sharon Bergmann
Eagle City Clerk
660 Civic Lane
Eagle, ID 83616
Subject: Ordinance No. 574 EAGLE (CITY)
Dear Ms. Bergmann:
RECEIVED & FILED
CITY OF EAGLE
MAY 19 2008
File:
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 2009. 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@tax.idaho.eov 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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Equal Opportunity Employer
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