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Ordinance - 2009 - 609 - Annex/Rezone Harrison - 02/10/2009 ADA COUNTY RECORDER J. DAVID NAVARRO BOISE IDAHO 02125109 11:53 AM DEPUTY Vicki Allen RECORDED - REQUEST OF Eag Ie CI tv AMOUNT .00 5 1111111111111111111111111111111111111 109021223 ORDINANCE NO. 609 AN ORDINANCE ANNEXING CERTAIN REAL PROPERTY SITUATED IN THE UNINCORPORA TED 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) TO R-E-DA (RESIDENTIAL - EST A TES 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 "A" of this ordinance has requested, in writing, a rezone from RUT to R-E- DA; and WHEREAS, the property described in Exhibit "A" is located at 1651 and 1655 N. Meridian Road; and WHEREAS, the Planning and Zoning Commission of the City, pursuant to public notice as required by law, held a public hearing on December 4,2006, 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 January 23,2007, 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 ofR- E-DA for the property described in Exhibit "A" is appropriate to meet the requirements ofIdaho Code, Eagle City Code and the Eagle Comprehensive Plan and should be granted. Page 1 of3 K:ICOUNCILIDraft Ordinance,lOrd 609 Harri,on.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 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 "A" and generally as shown on Exhibit "B", attached hereto and incorporated by reference, be removed from the RUT (Rural- Urban Transition) zoning classification and included in the R-E-DA (Residential- Estates 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 "B" and located as specifically described in the attached legal description Exhibit "A" all situated in the City of Eagle, Ada County, Idaho, is hereby removed from the RUT (Rural- Urban Transition) zoning classification and the real property described in Exhibit "A" is hereby included in the R-E-DA (Residential - Estates 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. Page 2 of3 K:\COUNCILIDraft Ordinance,\Ord 609 Harri,on.doc 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 50-901 A, Idaho Code, may be published. DATED this 10th day of February, 2009. ATTEST: Al~. ~l~ ......Sharon-K. Bergmann, Eagle City Clerk ""......,'.. I"~ OLr. '" ,," G." C "" " L. 'V ........ ...'... ~".. T..~' " 0.. dP- E.. ~ ~ I'~ .. : ,)... LtO ...\ ~ .~." , ....0: ....... 4:' ~.....:c- . ...... 0 .. v -. . : u \ u , L.l" ~: ~ : ~.. _v A.: "" ~ ~ . c.. ~". ,:0.1 .. __ . -::) oTe ~... ~ . ... IrvCQV.'... ~ ..~ ## ....... 0.... "'" ST A 1~ "" ""'"11"""" STATE OF IDAHO) : ss. County of Ada ) On this /0 day of IC hl1/ tlfzt ' in the year . 0 .' beJore me, the undersigned, a Notary Public in and for said State, p rsonallyappeared / ~M and Shtln7rJK.1Jc~nlmf(lJr; , known to me to be the MAYOR and CITY C~ RK of said municipal corporation that-ixecuted 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. ",." .....", C:L < , ",~c'l E. O;#'#~ 7 r4. ;. .~ /1 , Notary P~~ .............!o;'\ Residing at:~u~.Jd4bo iJ....li ~OTA~r\ '1- \ My Commission Expires: &Il"~~-O!.~_ i ! i : p /.*= ~tf'"... UBL\C i .""'.. .- 11 0:.-. .O~ ',' ~ hi" ..,,"'..... ..1.' ~ # or,.,' I\.. ~~ !t>' "'ot. . ~ 1 U r" ~,,, """ ", ""lUll"" Page 3 of3 K\COUNCIL\Draft Ordinances\Ord 609 Harrison.doc LEGAL DESCRIPTIOt-. 1 EXHIBIT "A" .- t=:T'{" OF E,,~>_(:: _ OCT 0 3 ')n-'~ . L.V'..ii.J A portion of the Northeast quarter Southeast quarter. Section 1, Township 4 North, Range ~; -:" West, Boise Meridian, Ada County, Idaho, more particularly described as follows: to' Beginning at the Southeast corner of said Section 1; thence North 1331 .00 feet along the East line of said Section 1 to the Southeast corner of the said Northeast quarter which is the REAL POINT OF BEGINNING; thence West 212.86 feet along the South line of said Northeast quarter to a point in the Dry Creek Canal; thence along the centerline of said canal as follows: North 22016' West 287.06 feet to a point North 31046' West 103.38 feet to a point; thence North 42018' West 313.80 feet to a point; thence leaving said canal, East 587.25 feetlo a point on the East line of said Section 1; thence South 585.63 feet along the East line of said Section " to the REAL POINT OF BEGINNING. ~ tl... 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'-'---"-'~.----........--.~ ‘5Pi Tottfet Tor The Peop1 of Idaho STATE TAX COMMISSION 800 Park Blvd., Plaza IV • Boise, ID • 83722 May 12, 2009 Sharon Bergmann Eagle City Clerk 660 Civic Lane Eagle, ID 83616 Subject: Ordinance No. 609 EAGLE (CITY) Dear Ms. Bergmann: File: Route to. CEt!/ p 8 FILED CITY ©F EAGLE MAI z1 2009 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 sis(a.tax.idaho.s?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 Equal Opporlunity Employer Valley Times P.O. Box 1790 - Eagle, Idaho 83616 LEGAL ADVERTISING PROOF OF PUBLICATION Account: Address: Glu o - Ct v` 6141 e3( Attention: February 23, 2009 RECEIVED & FILED CITY OF EAGLE FEB 2 6 2009 File: Route tn. Identification: On'( ' L V Cy 23 tog Run Dates: Number Lines Amount -°1,s2 Other Frank Thomason, being duly sworn, deposes and says: That he is the Principal Clerk of Valley Times, a weekly newspaper published at 'Idaho; that the said ordinulation in the said see= This ordinsvlcinity of Meridian, and publication as req Legal Notices ORDINANCE No. 609 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 PROPERTYF EAGLE, IDAHO; DESCRIBED CHANGINR THE ZTNING ALL URBAN IONTRA O� N) TO R E -DA (RESIDENTIAL — ESTATNESFROM A (RURAL AMENDING THE ZONING MAP OF ESTATES WITH A DEVELOPMENT AGREEMENT); DIRECTING THE CITY OF EAGLE TO REFLECT SAID CHANGE; THIS ORDINANCE BE FILED AS PROVIDED BY LAW; AND PROVIDING AN OF 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 ' dam City contiguous real property to the manner provided by Section 50-222, Idaho Code; and situated in the unincorporated area.of Ada County and WHEREAS, the owner of the xhl property requested, in writing, annexation and particularly described in Exhibit "A" of this ordinance has of said real property to the City of gagle; and situated within the City of Eagle and particularly WHEREAS, i the owner" the realo propertyordinance in writing, a rezone from RUT to R -E- DA; in Exhibit "A" of this ordinance has requested, DA; and WHEREAS, the property described in Exhibit "A" is located at 1651 and 1655 N. Meridian Road; and • WHEREAS, the Planning and Zoning Commission of the City, pursuant to public notice as required by law, held a public hearing.°n December 4, 2006, as required by Section 67-6525, Idaho Code, and made a recommendation to the Mayor and Council; and neen uninterruptedly thereof in eompliance Ny during a period of DATED this log" day ceks prior to the first f which is attached CI Y COUNCIL OFwas pub7'in P N I � ith Section160--108, e-1, for 1 time(s) array, Mayr ; of said paper, and groper, and not in a nice was published k+ie following dates: aron K. ergmtum i 2.'i 2C -O Phil WHEREAS, the Eagle City Council, pursuant to public notice as required by law, held a public hearing on January 23, 2007, on the proposed annexation and zoning for the real property described in Exhibit "A" as required by Section 67-6525; Idaho Code, n,ade.findings and determined that the requested annexation should be granted andthat 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, THEREPORE,.BE 1T ORDAINED BY THE MAYOR AND COUNCIL OF THE CITY OF EAGLE, IDAHO, as follows: Section: The -Eagle City Council hereby finds and declares that theeeal property particularly described in Exhibit "A", attached hereto and incorporated herein by reference, inus t acity dint ¢icl mimetic tan be reasonably assumpi$m Jimdcl dcoeumof ATTEST: STATE OF IDAHO) 2 .3. Z..UO 1 County of Ada ) On this 1a.__.- day of.KAn N to Public in and fi r ATE OF IDAHO) corporation xecu )SS behalf of said corpdratDUNTY OF ADA ) In witness whereof•, 1 In the year of 2001 first written• rsonally appearea a to be the person within instrument, , declared that the ledged to me that ;ecuted the same. LEGAL DESCRIPTIC/l y Public for Idaho ;idiap -t Boise ID A portion of the North West, Boise Meridia gesminnino at the Sou'