Ordinance - 2009 - 569 - Annex/Rezone Anglers Hamet - 01/13/2009
ADA COUNTY RECORDER J. DAVID NAVARRO
BOISE IDAHO 01/26/09 01:17 PM
DEPUTY Patti Thompson 1111111111111111111111111111111111111
RECORDED - REQUEST OF 109008325
Eagle City
AMOUNT .00
6
ORDINANCE NO. 569
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 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 ofthe 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 property described in Exhibit "A" is located at 4171 W. Old Valley Road; and
WHEREAS, the Planning and Zoning Commission of the City, pursuant to public notice as
required by law, held a public hearing on November 6,2006, 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 December 12, 2006, 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:\COUNCILIDraft Ordinances\Ord 569 Anglers Hamlet.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 thereofto 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 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:\COUNCILIDraft Ordinances\Ord 569 Anglers Hamlet doc
DATED this 13th day of January 2009.
ATTEST:
~ D. r...Go _~
-- Sharorl-'K. Bergmann, Eagle City lerk
STATE OF IDAHO)
: ss.
County of Ada )
On this ~ day of~L a. . j/ , in the yearotOOq , bet8re me, the undersigned, a
Notary Pub~ic in a~d for said State, sonallyappeared f/1il L'5aI?t:1tx . ~n.d
~t1 VUYl t Be ~I) , known to me to be the MAYOR and CITY CLE of saId mUnIcIpal
corporation that ecuted 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.
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In witness whereof, I have hereunto set my hand and affixed my official seal the day and year
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Page 3 of3
K:\COUNCILIDraft Ordinances\Ord 569 Anglers HamIetdoc
RECEIVED & FILED
CITY OF EAGLE
JAM 1 1 2007
EXHIBIT A File:
Route to:
LEGAL DESCRIPTION OF PROPERTY '--
PARCEL A
PART OF THE SOUTHEAST SOUTHWEST OF SECTION 12, TOWNSHIP 4 NORTH,
RANGE 1 WEST, BOISE MERIDIAN. IN ADA COUNTY, IDAHO, BEING MORE
PARTICULARLY DESCRIBED AS FOllOWS:
corv1MENCING AT THE SOUTH QUARTER CORNER OF SECTION 12, TOWNSHIP 4 NORTH,
RANGE 1 WEST. BOISE MERIDIAN: THENCE
NORTH 00027'14" EAST, 277.99 FEET TO AN IRON PIN, WHICH IS THE REAL POn'liT OF
BEGINN1NG; THENCE
NORTH 64020'43" WEST, 305.50 FEET ALONG THE NORTHERLY BANK OF THE BOISE
RIVER TO AN IRON PIN; THENCE
NORTH 88052'46" WEST, 106.52 FEET ALONG THE RIVER BANK TO AN IRON PiN; THENCE
NORTH 14013'53" WEST, 38088 FEET TO AN IRON PIN ON THE SOUTHERLY BOUNDfl..RY
LlNE OF OLD VALLEY ROAD; THENCE
NORTH 64026'26" EAST, 375.19 FEET ALONG THE SOUTHERLY BOUNDARY LINE OF OLD
VALLEY ROAD TO AN IRON PIN; THENCE
SOUTH 43'13'46" EAST, 206.05 FEET ALONG THE SOUTHWESTERLY SIDE OF ,A. 20 FOOT
WIDE ACCESS EASEMENT TO AN IRON PIN; THENCE
SOUTH 00027'14" WEST, 515.30 FEETTO THE REAL P01NT OF BEGINNING.
PARCEL B
PART OF THE SOUTHEAST SOUTHWEST OF SECTION 12, TOWNSHIP 4 NORTH,
RANGE 1 WEST, BOISE MERIDIAN, IN ADA COUNTY, IDAHO, BEING MORE
PARTICULARL Y DESCRIBED AS FOLLOWS:
COMMENCING AT THE SOUTH QUARTER CORNER OF SECTION 12, TOWNSHIP 4 NORTH,
RANGE 1 WEST, BOISE MERIDIAN; THENCE
NORTH 00027'14" EAST, 277.99 FEET TO AN IRON P1N; THENCE
NORTH 64020'43" WEST, 305.50 FEET ALONG THE NORTHERLY BANK OF THE BOISE
RIVER TO AN IRON PIN: THENCE
NORTH 88052'46" WEST, 106.52 FEET ALONG THE RIVER BANK, TO AN IRON PIN WHICH
IS THE REAL POINT OF BEGINNING: THENCE
NORTH 88052.'46" WEST, 145.08 FEET ALONG THE RIVER BANK, TO AN IRON PIN; THENCE
SOUTH 54045'14" WEST, 223.70 FEET ALONG THE RIVER BANK, TO AN IRON PIN; THENCE
SOUTH 23'>51'14" WEST, 233.20 FEET ALONG THE RIVER BANK, TO AN IRON PIN: THENCE
NORTH 89023'46" WEST, 132.10 FEET, LEAVING THE RIVER BANK. TO AN IRON PI~1;
THENCE NORTH 01001 '30" EAST, 546.15 FEET TO AN IRON PIN ON THE SOUTHERLY
BOUNDARY LINE OF OLD SETTLERS ROAD; THENCE
NORTH 82012'25" EAST, 4.98 FEET ALONG THE SOUTHERLY BOUNDARY LINE OF OLD
VALLEY ROAD, TO AN IRON PIN; THENCE 21.41 FEET ALONG A CURVE TO THE LEFT
HAVING A RADIUS OF 995.00 FEET, CENTRAL ANGLE OF 01013'59", TANGENTS OF 10.71
FEET, AND A CHORD BEARING NORTH 81035'53" EAST, 21.41 FEET, TO AN OLD VALLEY
ROAD RIGHT-OF-WAY BRASS CAP; THENCE 28711 FEET ALONG A CURVE TO THE LEFT,
HA.VING A RADIUS OF 995.00 FEET, CENTRAL ANGLE OF 16031'59", TANGENTS OF 144.56
FEET, AND A CHORD BEARING OF NORTH 72042'26" EAST, 286.12 FEET TO A PT CURVE
POINT, WHICH LIES SOUTH 64026'26" WEST, 10.00 FEET ALONG THE SAID SOUTHERLY
BOUNDARY LINE FROM AN IRON PIN WITNESS CORNER; THENCE
NORTH 64026'26" EAST, 167.86 FEET ALONG Sfl.,ID SOUTHERLY BOUNDARY UNE, TO AN
EXHIBIT A
IRON PIN; TH ENCE
SOUTH 14013'53" EAST, 380.88 FEET TO THE REAL POINT OF BEGINNING
PARCEL C
TOGETHER WITH A NON-EXCLUSIVE EASEMENT FOR ROAD RIGHT-OF-WAY, BEING
A STRIP 25 FEET IN WIDTH L YING SOUTHERLY AND WESTERLY OF, AND ADJACENT
TO THE FOLLOWING DESCRIBED LlNE:
PART OF THE SOUTHEAST QUARTER SOUTHWEST QUARTER OF SECTION 12,
TOWNSHIP 4 NORTH, RANGE 1 WEST, BOISE MERIDIAN, IN ADA COUNTY, IDAHO,
MORE PARTICULARLY DESCRIBED AS FOLLOVVS:
FROM STATION 463+21 OF STATE HIGHWAY AS SHOWN ON THE OFFICIAL PLAT OF THE
LINDER CORNER (S.A.F 142-8) HIGHWAY SURVEY ON FILE IN THE OFFICE OF
DEPARTMENT OF HIGHWAY OF THE STATE OF IDAHO. WHICH POINT IS RECORDED
UNDER RECORDER'S FEE NO. 146121, IN DEED BOOK 197. AT PAGE 299, IN THE
RECORDS OF ADA COUNTY, IDAHO, AS BEING 2640 FEET EAST AND 1095 FEET NORTH
OF THE SECTION CORNER COMMON TO SECTIONS 11, 12, 13 AND 14, TOWNSHIP 4
NORTH, RANGE 1 WEST, BOISE MERIDIAN; THENCE
SOUTH 63007' WEST, 174.0 FEET TO A POINT; THENCE
SOUTH 26055' EAST, 40.0 FEET TO AN IRON PIN WHICH IS THE REAL PLACE OF
BEGINNING; THENCE
SOUTH 44012' EAST, 207.8 FEET TO AN IRON PIN; THENCE
SOUTH 0031' EAST, 515.3 FEET TO AN IRON PIN; THENCE
NORTH 65<19' WEST, 305.5 FEET TO AN IRON PIN; THENCE
NORTH 89"51' WEST, 251.6 FEET TO AN IRON PIN; THENCE
SOUTH 53047' WEST, 223.7 FEET TO AN IRON PIN; THENCE
SOUTH 22043' WEST, 233.2 FEET TO AN IRON PIN; THENCE
SOUTH 89038' WEST, 132.1 FEET TO AN IRON PIN; THENCE
NORTH O"OT EAST, 544.0 FEET TO AN IRON PIN, BEING THE NORTHERLY TERMiNUS OF
THJS EASEMENT LINE.
APN: 5-0412-34-7200 - Parcel A
APN: S-0412-34-7190 - Parcel B
Commonly known as: 4171 W. Old Valley Road, Eagle, 10 83616
EXHIBiT A
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I CITY OF EA LE
EXHIBIT "B"
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Valley Times
P.O. Box 1790 - Eagle, Idaho 83616
LEGAL ADVERTISING PROOF OF PUBLICATION
Identification: V nrUr .a .1 iV O ' V.
of -i�l 'o9
Account:
RECEIVED & FILED
CITY OF EAGLE
JAN 2 2 2009
File:
Route to*
Address: Co 4 0 E Ct. v L L.0, ‘• Run Dates:
[ a 1,, rI)
Attention:
Number Lines
Other
r-.-1-
January 19, 2009
Legal Notices
EXHIBIT -A ' File:
Route to:
LEGAL DESCRIPTION OF PROPERTY
PARCEL A
PART OF THE SOUTHEAST SOUTHWEST OF SECTION 12, TOWNSHIF 4 NCRT
RANGE 1 WEST, BOISE MERIDIAN, IN ADA COUNTY IDAHO. BEING MORE
PARTICULARLY DESCRIBED AS FOIL OWS:'
•
COMMENCING AT THE SOUTH QUARTER CORNER
ORDINANCE NO. 569
r -c 9-09
AN ORDINANCE ANNEXING CERTAIN REAL PROAHO,PERTY SITUATEGUOUS TO
D IN THEUNINCORPORATED AREA OF ADA COUNTY, THE
CORPORATE LIMITS OF THE CITY OF EAG ,I TO THE ACITYCOFNEAGLE, 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 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
ofsaid 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 MU -
DA; and
WHEREAS, the property described in Exhibit "A" is located at 4171 W. Old Valley Road; and
WHEREAS, the Planning and Zoning Commission of the City, pursuant to public notice as
required by law, held a public hearing on November 6, 2006, 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 December 12, 2006, 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 IA
OF EAGLE, IDAHO, as fgilows:
2 2 Amount 3 09.
being duly swom, deposes
tt he is the Principal Clerk of
wkly newspaper published at
State of Idaho; that the said
eneral circulation in the said
id in the vicinity of Meridian,
nd has been uninterruptedly
id County during a period of
;utive weeks prior to the first
a copy of which is attached
he notice was published in
)rmity with Sectign 60-108,
rnended, for I time(s)
re issue of said paper, and
;paper proper, and not in a
t said notice was published
on the following dates:
CA vi N nI I y t 2 t'1n R
2a
1, TT,r—
C
STATE OF IDAHO )
)SS
COUNTY OF ADA )
in the year of 200'9
)ublic, personally appeared
fed to me to be the person
ed to the within instrument,
ly swom, declared that the
1 acknowledged to me that
hexecuted the same.
Notary Public for Idaho
Residing at ise, ID
expires: �I 7.i
For 'Tie Proplt of Itfa&
STATE TAX COMMISSION
800 Park Blvd., Plaza IV • Boise, ID • 83722
April 24, 2009
Sharon Bergmann
Eagle City Clerk
660 Civic Lane
Eagle, ID 83616
Subject: Ordinance No. 569 EAGLE (CITY)
Dear Ms. Bergmann:
RECE VED & FILE —
CITY OF EAGLE
MAY 12 2009
File:
Route tt .
The Idaho State Tax Commission (ISTC) received the documentation that was provided
for the annexation of real property in EAGLE (CITY), for tax year 2010. 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 aisatax.idaho.sov or by phone at
208-334-7750. Thank you for your cooperation.
Sincerely,
Craig Johnson
GIS Analyst
Technical Support Bureau
Idaho State Tax Commission
Equal Opportunity Employer
Hearing Impaired Callers TDD 1-800-377-3529
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