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Ordinance - 2008 - 597 - Eagle Gateway South Subdivision - 06/10/2008 ADA COUNTY RECORDER J. DAVID NAVARRO AMOUNT .00 8 BOISE IDAHO 07/16/08 08:29 AM DEPUTY Vicki Allen 1111111111111111111111111111111111111 RECORDED-REQUEST OF City 01 Eagle 108081003 ORDINANCE NO. 597 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) AND MU (MIXED USE) TO MU-DA (MIXED USE 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 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 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 "B" of this ordinance has requested, in writing, a rezone from RUT and MU 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 April 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 July 24,2007, 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 of MU-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 of3 K:ICOUNCILIDraft Ordinance,lOrd 597 Eagle Gateway South.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 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 "B" and generally as shown on Exhibit "D", attached hereto and incorporated by reference, be removed from the RUT (Rural Urban Transition) and MU (Mixed Use) zoning classifications and included in the MU-DA (Mixed Use 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 "D" and located as specifically described in the attached legal description Exhibit "B" all situated in the City of Eagle, Ada County, Idaho, is hereby removed from the RUT (Rural Urban Transition) and MU (Mixed Use) zoning classifications and the real property described in Exhibit "B" is hereby included in the MU-DA (Mixed Use 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 thereof in compliance with Section 50-901A, Idaho Code, may be published. Page 2 of3 K:ICOUNCILIDraft Ordinance,lOrd 597 Eagle Gateway South. doc DATED this 10th day of June 2008. CJ.IY--€ elL OF THE CITY OF EAGLE Ada County, Ida 0 ATTEST: ..............., "~"~I ~"GLl: "'" l~_k~~ ,~ ()~ ........ ", ~.. ..' It-.' O,""'T~.... \ -- . ~ ... .:.....~ \:. -CJ.o ... :: .';:. 0 : '-Sharon . Bergmann, Eagle City Cle .. t.J" v"'. .. :, ~ -. ~ .. .. ~ q: : :. .. .. c:, ~'<I.. "(' .: ~ . ~ to:.:Q .. .. .. ~C'ORPO".. "I; ~ ...., S ......... ~ ,.... """ l' A T13. 0 .."" STATE OF IDAHO) ".............. : ss. County of Ada ) On this L day of \. lun e., , in the year , before me, the undersigned, a Notary Public in and for said State, personally appeared " I l and ~aVDY\ K &(~rY1Ill}t1 , known to me to be the MA YOR and CITY C ERK 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. it . . · ..-'" a . ",,* c;~OR ~ .....1 ,~ t" "1:fR' .. ;, , ~ ""i'1 {f'T~~' ~ . , .. Residing 1- UA1tl~ t.:'tfi.;1. ' tJ \o~ My Commission Expires: J~t, ,. ~~ ) ~ \. ~ ... ~'\) ~ ~.. ... ~ ~ ~ *' ......... 0 ~ #.. ~ ," "" ST A 1 tt.'''' ~'.. ",* .'.,.......' Page 3 of3 K:ICOUNCILIDraft Ordinance.IOrd 597 Eagle Gateway South,doc EXHIBIT "A" ~ Un/hniled Boundaries. Inc. dha ALS ~ Land Surveying & Civil Eng/neb"'6 S 1/03 W. Main St. Middleton, Idaho 83644 208-585.5858 . 208-585-9001 Fox LEGAL DESCRIPTION FOR CITY OF EAGLE ANNEXATION PARCEL The following describes a Parcel of Land being a portion of Parcel "4" as shown on Record of Survey No. 7068, as filed in the Office of the Ada County Recorder, and lying in a Portion of the East % of Section 16, TAN., R.1 E., Boise Meridian, City of Eagle, Ada County, Idaho, and more particularly described as follows: BEGINNING at the East }'4 Corner of said Section 16, marked by a Brass Cap; Thence along the Easterly Boundary Line of said Section 16, South 00047'25" West, 105.68 feet to an iron pin; Thence leaving said Easterly Boundary Line, North 89052'29" West, 203.24 feet to the Westerly Boundary Line of said Parcel 4; Thence along the Westerly Boundary Line of said Parcel "4 " , and its Prolongation North 00027'08" East, 1057,34 feet to a point on the Centerline of East Riverside Drive; Thence leaving said Westerly Boundary Line, and its Prolongation along the Centerline of East Riverside Drive, 169.20 feet along the arc of a curve to the left, said curve having a radius of 150.00 feet, a central angle of 64037'41" and a long chord which bears, North 50041'18" East, 160.37 feet to a point; Thence continuing, North 1802.2'30" East, 83.99 feet to a point on the Centerline of State Highway 44; Thence leaving the Centerline of East Riverside Drive, and along the Centerline of State Highway 44, South 71037'30" East, 57.62 feet to the Easterly Boundary Line of the SE }'4 NE }'4 of said Section 16; Thence leaving the Centerline of State Highway 44, and along the Easterly Boundary Line of the SE }'4 NE }'4 of said Section 16, South 00027'22" West, 1115.26 feet to the POINT OF BEGINNING: The above Parcel of Land contains 5.336 acres, more or less. )It 5170-01-03Jull Annexation Page 1 EXHIBIT "B" ~ Unlimited Boundaries. Inc. dba ALS Land Surveying & Civil Engineering ~ 1103 W. Main St. Middleton, Idaho 83644 208-585-5858 · 208-585-9001 Fax LEGAL DESCRIPTION FOR EAGLE GATEWAY SOUTH SUBDIVISION OVERALL BOUNDARY The following describes a parcel of real property being all of Parcels"4", "4A", "5" and "5A" of Record of Survey No. 7068, Recorded as Instrument Number 105144617, Records of Ada County, Idaho, being a portion of the West % West % of Section 15, and also being a portion of the SE X NE X of Section 16, T 4 N., R 1 E., Boise Meridian, Eagle, Ada County, Idaho, more particularly described as follows: COMMENCING at a Brass Cap marking the Quarter Corner (1/4) Common to said Sections 15 and 16,1. 4 N., R.1 E., Boise Meridian, Ada County, Idaho, Thence along the Westerly Boundary Line of said Section 15, South 00047'25" West, 105.68 feet to a found 5/8" iron pin, PLS 972, the POINT OF BEGINNING: Thence leaving said Westerly Boundary Line, and along the Southerly Boundary Line of said Parcel "4A", North 89052'29" West, 203.24 feet to the Southwest Corner of said Parcel "4A"; Thence leaving said Southerly Boundary Line, and along the Westerly Boundary Line of said Parcels "4 & 4A", North 00027'08" East, 1007.02 feet: Thence, continuing along the Westerly Boundary Line of said Parcel "4",232.12 feet along the arc of a curve to the left, said curve having a radius of 200.00 feet, a central angle of 66029'51" and a long chord which bears North 51037'23" East, 219.31 feet; Thence continuing, North 18022'28" East, 3.99 feet to the Southwesterly Right-of- Way Line of Highway 44; Thence leaving said Westerly Boundary Line, and along Southwesterly Right-of- Way Line of Highway 44, South 71037'30" East, 958.44 feet to the Westerly Boundary Line of Parcel "1" as shown on Record of Survey No. 5353, recorded as Instrument Number 1 01 035875, Records of Ada County Idaho; Page 1 of 2 Thence leaving said Right-of-Way Line, and along said Westerly Boundary Line, South 00032'13" West, 586.33 feet to a found 1/2" iron pin with Plastic Cap marked "PLS 972", marking the Southwest Corner of said Parcel "1"; Thence leaving said Westerly Boundary Line, and along the Southerly Boundary Line of said Parcel "1", South 81029'12" East, 447.26 feet to the Easterly Boundary Line of the NW % NW % of said Section 15; Thence along said Easterly Boundary Line, South 00032'01" West, 93.74 feet to a found 5/8" iron pin marking the Southeast Corner of said NW % NW % , (Center-West One-Sixteenth Corner) of said Section 15; Thence along the Easterly Boundary Line of the SW % of the NW % of said Section 15, South 00042'00" West, 1324.77 feet; Thence along the Easterly Boundary Line of the SW 1/4 of the SW %, South 00042'00" West, 191.80 feet to an iron pin on the Ordinary High Water Line of the North Bank of the Boise River as shown on Record of Survey No. 7068, Recorded as Instrument No. 105144617, Records of Ada County, Idaho; Thence along said Ordinary High Water Line the following courses and distances: North 47025'51" West, 89.85 feet to an iron pin; North 64009'29" West, 160.69 feet to an iron pin; North 59004'54" West, 161.93 feet to an iron pin; North 55009'29" West, 70.64 feet to an iron pin; North 65048'03" West, 81.88 feet to a point; North 68023'50" West, 166.63 feet to a point; North 62054'02" West, 83.00 feet to a point; North 51046'07" West, 87.64 feet to an iron pin; North 34052'05" West, 280.45 feet to a point; North 46058'10" West, 45.91 feet to a point; North 58034'20" West, 128.95 feet to a point; North 58035'20" West, 93.39 feet to a point; North 33028'57" West, 99.68 feet to an iron pin; North 20037'38" West, 255.64 feet to an iron pin on the Westerly Boundary Line of said NW % SW % of said Section 15; Thence along said Westerly Boundary Line, North 00047'25" East, 11.89 feet to an iron pin on the Army Corp's of Engineers Dike as shown on Record of Survey No. 7068, Recorded as Instrument No. 105144617, Records of Ada County, Idaho; Thence continuing along said Westerly Boundary Line, North 00047'25" East, 264.54 feet to the POINT OF BEGINNING: Said parcel of real property contains 56.94 acres, more or less. 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" - , ;; _ _~ ~~o .';' ~ffi , . ,t7'9LZ ';.~.;:::.,';'1' 52 .._.._ '_H:~I~~_' 3.>!:.'3:o~o"-'-'-- 2L'\:7' ,.S'..<r."'" _ vi8 U)wZo .:::::.~.-~ ~ -81~~ ,'tiol I z ~d"'f~ I I "'!s . .~ jj~ ) ~'" .' So ~/ r ~'" {l'l" ,,~ /" 8?-t $ ;:;~ . iY fO':! Iho/ ~~, I' ~g t:;, ",.If. <n, 1 I !, ~/if ~.. ~~. f1~~ , i38 ti 1 '1 . +0 , I :;J 1 ' ;'VJ~ 1 I I'd ~8 / I ~~ ::l ~~ EXHIBIT "0" RECEIVED & FILED CITY OF EAGLE DEe 0 8 2006 File: .- Route to: p) r-~ ~ ~'""~" ..,:'~'" ~ r"r?" ~~ ~~~ I ~ ~ ~-~II I , I 8: jl "' I .1 il I I il I ~ I ~~1"r - _ '''.28' -------., . I 1/'~. ~a I "~ ! r- __ __ __ ?i'~ i - t I Nan:r.ww .......... =,,' I '- "'- I '- .'1 '- '- I ~ ~ '- I !r '- '- \ --- ---- -.. -.. '--.. '- '- '- '- i\\ ~ I ~ ... "- I \. "- I '" , , 1-\......1>,., '" , I , I .. O>.t~~. , , I ...~:"'~ "''''-\li" , , i . <>0.. 'It..,.... , , , , I ~ , , ..' , I. ~~~:t,i&-... \ ',~ ~;""b... I ".>~ .. <., "'" "~lO,). "'. "'~... """''''~Q,p "'~~ ~'.~. It- ">>". ~:~~.. .....~ ; ~ '. ... ~" Sf 'II I. ...~+.~;... ffi NOT TO SCALE Valley Times P.O. Box 1790 - Eagle, Idaho 83616 LEGAL ADVERTISING PROOF OF PUBLICATION Account Address: 6E F 4&oi. r^ Identification: Run Dates: L e g a l Notices ORDINANCE No. 597 AN ORDINANCE ANNEXING CERTAIN REAL PROPERTY SITUATED IN THE UNINCORPORATED AREA OF ADA COUNTY, IDAHO, AND CONTIGUOUS TO THE CORPORATE LIMrTS 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) AND MU (MIXED USE) TO MU -DA (MIXED USE WITH A DEVELOPMENT AGREEMENT); AMENDING THE ZONING MAP OF THE CITY OF EAGLE TO REFLECT SAM 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 of Idaho and is authorr ed to armee 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 ..,,., :... l 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 "B" of this ordinance has requested, in writing, a rezone from RUT and MU 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 April 16, 2007, as required by Section 67-6525, Idaho Code, and made a . ! : en to the Mayor and Council; and WHEREAS, the Eagle City Council, pursuant to public notice as required by law, held a public hearing on July 24, 2007, on the proposed annexation and zoning for the real property described in Exhibit "A" and Exhibit "5" 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 "5" 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 ORDADIED BY THE MAYOR AND COUNCIL OF THE CITY OF EAGLE, IDAHO, as follows: Section I The Eagle City Council hereby fords 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 assured to be used for the orderly development of the City, and that the owner of said property bas requested, in writing, annexation thereof to the City. Section 2: The real property, all situated in Ma County, Idaho, adjacent and contiguousto the City, particularly described in Exhibit "A" and as genetally shown on Exhibit "C", attached here to and included herein by reference, is hereby annexed to the incorporated trattoria! limits oft e 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 "B" and generally as shown on Exhibit "D", attachedhereto and incorporated by reference, be removed from the RUT (Rural Urban Transition) and MU (Mixed Use) zoning classifications and included in the MU -DA (M6ced Use with a development agreement) zoning classification pinsrant 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 "D" and located as specifically described in the attached legal description Exhibit "B" all situated in the City of 0++Fagle, Ada County, Idaho, is hereby removed from the RUT (Rural Urban Transition) and MU (Mixed Use) zoning classifications and the real property described in Exhibit "B" is hereby included in the MU -DA (Mixed Use with a development agreement) zoning classification. Sectfnn 5: The official Zoning Map of the City of Eagle, Idaho, is hereby amended to reflect the foregoing change in zoning classification. RECEIVED & FILED CITY OF EAGLE JUL 0 2 2008 File: Route ter• Amount - 't C{ t Z -Q Thafonowing`wson, being duly sworn, deposes Record art sow( That he is the Principal Clerk of lying in a portiorweekly newspaper published at Eagle, Ada County, State of Idaho; that the said mamma min general circulation in the said The Via, and in the vicinity of Meridian, West. 1©e, and has been uninterruptedly said County during a period of Thence rearing 3secutive weeks prior to the first thewesbice, a copy of which is attached TJrenreeiong Iffttat the notice was published in No gQconformity with mon 60-108, Riverside as amended, for ` time(s) Thereaving I entire issue of said paper, and t10B centeirminewspaper proper, and not in a left said et that said notice was published a long clic on the following dates: Juv.e 30, zoo 2 3 U Thence conthIttitt Stale ticgF Thence leaving 11 State Higt Line oflha rA., Thencereeving 11 Lute ofthe feet to the STATE OF IDAHO ) )SS ,COUNTY OF ADA ) in the year of 2008 Pub , personally appeared Edentified to me to be the person to the within instrument, duly sworn, declared that the The following dens nfl a14uhowtedged to me that and '5A' of Recur: 105144617, R he executed the same. ''A of Section 15, furls— N., R 1 E, Boise I Notary Public for Idaho described as foliar Resid i , ID COMMENCING a;shon expires: 7 1 I said Sectio Idaho, Thei South 00°4 POINT OF Thence leaving sa Line of said Southwest Thence leaving so Line of said Thence, continuins Tor The 4'eopk of Natio STATE TAX COMMISSION 800 Park Blvd., Plaza IV • Boise. ID • 83722 August 7, 2008 Sharon Bergmann Eagle City Clerk 660 Civic Lane Eagle, ID 83616 Subject: Ordinance No. 597 EAGLE (CITY) Dear Ms. Bergmann: RECEIVE l�l� CITY OF EAGLE AUG 14 2008 File: Route tom, 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 ais(t .tax.idaho.u.ov 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 Equal Opportunity Employer