Ordinance - 2008 - 583 - Annex/Rezone Johnson Property - 05/13/2008
ADA COUNTY RECORDER J. DAVID NAVARRO AMOUNT .00 6
BOISE IDAHO 05128/08 12:55 PM
DEPUTY Danielle Boulette 1111111111111111111111111111111111111
RECORDED-REQUEST OF 108061855
City of Eagle
ORDINANCE NO. 583
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 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 EFFECTWE 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, 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-E-
DA;and
WHEREAS, the property described in Exhibit "A" is located at 1651 W. Beacon Light Road; 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 67-6525, 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 September 11, 2007, on the proposed annexation and zoning for the real property
described in Exhibit "A" and Exhibit "B" 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-E-DA for the property described in Exhibit "B" 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:lCOUNCIL\Dndt OrdinancesIOrd 583 JoImson.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 "C", attached, is
hereby annexed to the incorporated territorial limits of the City of Eagle, Idaho.
Section 3: The City Council hereby fmds 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 "8" and generally as shown on Exhibit "C",
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 one unit
per two acres with 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 50-90IA, Idaho Code, may be published.
Page 2 of3
K:\COUNCILIDraft OrdinanceslOrd 583 Johnson.doc
DATED this 13th day of May 2008.
C COUNCIL OF THE CITY OF EAGLE
Ada County,
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ATTEST:
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-Sharon K. Bergmann, Eagle Ci Clerk
STATE OF IDAHO)
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County of Ada )
On this l.d:...-. day of' in the year) Ot$ , before me, the undersigned, a
Notary Public in and for said te, personally appeared ~ \ \ 1?tlrd~ and
Sh1V1>r) I< .~~vmVlV} , known to me to be the MA YOR and CITY LERK 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 00
K:ICOUNCIL\Dr3ft OrdinanceslOrd 583 JoImson.doc
EXHIBIT "A"
RECEIVED & FILED
rlTY OF EAGLE
Legal Description
Johnson Property Annexation
MAY lJ 'I 2007
File: ____
Route to:
A parcel for annexation located in the NE Y4 of Section 6, Township 4 North, Range 1 East,
Boise Meridian, Ada County, Idaho, and more particularly described as follows:
BEGINNING at a Brass Cap monument marking the northeast corner of said Section 6, from
which a 5/8 inch diameter iron pin marking the northwest corner of said NE Y4 bears
N 89017'27" W a distance of 2646.45 feet;
Thence S 0024'20" E along the easterly boundary of said NE Y4 a distance of 375.90 feet to a
5/8 inch diameter iron pin;
Thence leaving said easterly boundary N 89057'46" W a distance of 489.62 feet to a 5/8 inch
diameter iron pin;
Thence N 0024'20" W a distance of 381.64 feet to a point on the northerly boundary of said
NE Y4;
Thence S 89017'27" E along said northerly boundary a distance of 489.70 feet to the POINT OF
BEGINNING.
This parcel contains 4.26 acres and is subject to any easements existing or in use.
Clinton W. Hansen, PLS
Land Solutions, PC
March 6, 2007
Lat1dS'olutions
~ Land Surveytng and CansulUng
Johnson Property
Job No. 07-09
RECEIVED & FILED
CITY OF EAGLE
MAY 0 1 2007
EXHIBIT "B"
File:
Route to:
Legal Description
Johnson Property Rezone
A parcel for rezone purposes located in the NE % of Section 6, Township 4 North, Range 1
East, Boise Meridian, Ada County, Idaho, and more particularly described as follows:
BEGINNING at a Brass Cap monument marking the northeast corner of said Section 6, from
which a 5/8 inch diameter iron pin marking the northwest corner of said NE % bears
N 89017'27" W a distance of 2646.45 feet;
Thence S 0024'20" E along the easterly boundary of said NE % a distance of 375.90 feet to a
5/8 inch diameter iron pin;
Thence leaving said easterly boundary N 89057'46" W a distance of 489.62 feet to a 5/8 inch
diameter iron pin;
Thence N 0024'20" W a distance of 381.64 feet to a point on the northerly boundary of said
NE%;
Thence S 89017'27" E along said northerly boundary a distance of 489.70 feet to the POINT OF
BEGINNING.
This parcel contains 4.26 acres and is subject to any easements existing or in use.
Clinton W. Hansen, PLS
Land Solutions, PC
March 6, 2007
Lal1dS'olutions
~ Land SurveyIng and Consulttng
Johnson Property
Job No. 07-09
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Valley Times
P.O. Box 1790 - Eagle, Idaho 83616
RECEIVED & FILED
CITY OF EAGLE
MAY 2 2 2008
File*
Route to:
Legal Not -lees
ORDINANCE NO. S83 S1q -0
AN ORDINANCE ANNEXING CERTAIN REAL PROPERTY SITUATED IN T E
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 PILED
AS PROVIDED BYLAW; AND PROVIDING AN EFFECTIVE DATE.
WHEREAS, the City of Eat Idaho is a municipal corporation noised and operating index
theism of the State of Idaho and is author'ried to amt 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, foie 67, Idaho Code, the City of Eagle has the authority to
adopt, establish and amend a Zoning On:Tinmaoe; and
WHEREAS, the owns of the real property situated in the uninomporatedarea of Ada Co>mty
and particularly described in Exhibit "A" of this ordinance have tegneste d, is writing,
summation ofsaid real property to the City of Eagle; and
WHEREAS, true owns of the real property situated within the Qty of Eagle and particularly
described in Exhibit "A" of this ordinance have requested, in wilting, a rezone from RUT to R B-
DA; and
WHEREAS, the property described in Exhibit "A" is located at 1651 W. Beacon Light Road; and
WHEREAS, the Planning and Zoning Commission of the Qty, pursuant to public notice as
required by law, held a public hearing on July 16, 2007, as required by Section 67-6525, Idaho
Code, and made a recontmendadonto the Mayor and Council; and
WHEREAS, the Eagle Qty Council, pursuant to public notice as required by law, held a public
hearing on Scptemba 11, 2007, on the proposed annexation and zoning for the real property
described in Exhibit "A" and Exhibit 'B" as required by Sector 67-6525, Idaho Code, made
findings and determined that the requested annex tion should be granted and that a zoning
classification of R -E -DA for the property wed in Exhibit "B" is appropriate to meet the
requirements of Idaho Code, Eagle (sty Code end the Bagie Comprehensive Plan andshould be
granted.
NOW, THEREFORE, BE 7'f ORDAINED BY THE MAYOR AND COUNCIL OF THE CITY
OF EAGLE, IDAHO, as follows:
&Wei: 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, aunexafion thereof to City.
Imo: The real property, all situated in Ada County, Idaho, ailment and contiguous to the
City, particularly described in Exhibit "A" and as generally shown on Exhibit "C', attached, is
hereby annexed toiler incorporated tentorial limits of the City of Eagle, Idaho.
Section 3: The City Council hereby finds and detenninesithat it is in the best interests of the
public health, safely, and welfare of the City of Eagle and the residents and property thereinthat
the real property particularly described in Exhibit "B" end generally as shown on Exhibit "C',
attached hereto and incorporated by reference, is hereby removed from tire 'RUT (Rural Urban
Transition) District classification and is hereby,included in the Residential (residential one unit
per two acres with development agreement) District Classification R E -DA all pursuant to the
Zoning Ordinance of the City of Eagle. The City Council father 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 S: From and alter the enactive date of this Ordinance, all property and persons Within
the boumdaries and territory described above shall be subject to all ordinances, resolutions, police
regulations, twwtion, and eager powers of the City of Eagle.
Section 6: The Qty Clerk is hereby directed to file, within ten (10) days of passage and approval
of this Ordinance, a certified copy of this Ordim = with the offices of the Auditor, Treasmc,
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NE*al/in the year of 2008
,c )Ii , personally appeared
Ntd to me to be the person
This par to the within instrument,
swom, declared that the
Icknowledged to me that
Cte440the AMP,
Gunton S
March
Land
Exhibit
Notary iSublic for Idaho
Residin at o'se, ID
spires: S L
Mayor Phil Bandy
June 4, 2008
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
Council: Steve Guerber
Michael Huffaker
Norm Semanko
Al Shoushtarian
Enclosed herewith please find a copy of Ordinance No. 583 which annexes property into
the City of Eagle recorded on May 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.
Sincerely,
itaC
Tracy E. Osborn, CMC
Sr. Deputy City Clerk/Treasurer
Encl.
For The [People of Itfafio
STATE TAX COMMISSION
800 Park Blvd . Plaza IV • Boise, ID • 83722
June 24, 2008
Sharon Bergmann
Eagle City Clerk
660 Civic Lane
Eagle, ID 83616
Subject: Ordinance No. 583 EAGLE (CITY)
Dear Ms. Bergmann:
&)iazikA
RECEIVED & FILED
CITY OF EAGLE
JUL 0 8 2008
File:
Route tn•
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 aisn,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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