Ordinance - 2009 - 621 - Annex/Rezone Terra View - 03/10/2009
ADA COUNTY RECORDER J. DAVID NAVARRO
BOISE IDAHO 03119/09 11:18 AM
DEPUTY Vicki Allen
RECORDED-REQUEST OF
Ci tv of Eag Ie
AMOUNT .00
6
III 1111111111111111111111111111111111
109031308
ORDINANCE NO. 621
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) 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 "A" of this ordinance has requested, in writing, a rezone from RUT to MU-
DA; and
WHEREAS, the property described in Exhibit "A" consists of 8040 West Beacon Light Road
and 4035 North Hartley Road and the following parcels S0334320000, S03343l 0000,
S0334340500, and S0334438500; and
WHEREAS, the Planning and Zoning Commission of the City, pursuant to public notice as
required by law, held a public hearing on November 19,2007, 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 public
hearings on October 14, 2008, and October 28, 2008, 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 lof3
K:\COUNCILIDraft Ordinances\Ord 621 Terra View.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 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 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 "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 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 50-90lA, Idaho Code, may be published.
Page 2 of3
K:\COUNCILIDraft Ordinances\Ord 621 Terra View. doc
DATED this 10th day of March 2009.
ATTEST:
,',.......",
:r.'" 0 LE ""
:r.'" G. po. '"
.:0'" :<( 'Y .......... ~ ",
.:0 0 ... d po. T E ... ~
~ I o.'r ...
.. >..., ..\ 0 ~
· ."" c-..
:E--:~ "'~.::C:
- ...... 0 · v. .
: u \ u '.6~~: ~ =
.,. _v";;',, J"I'\ :
0;. .. ~ ~~." ..
STATE OF IDAHO) ~, ~ ....INCOY.V~..o. ~ l
-, ....... ....
: ss. "'" ST A '\~ ",,,
f d ) ~ ~
County 0 A a "'......',,
On this /3 day of ~'rti7 , in the year ~()9, before me, the undersigned, a
N tary Public in and for said State, personally appeared I . and
r{j() . Ben rY/(,{r?Y1 , known to me to be the MAYOR and CITY LERK of said
municipal corpora ion 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. ,t' _ Ir \
", ~
",,, G '/ I . ,/'<
,'" 4,. y;.. f ,.- I , /
Iv . ~/'-<'....
I~l ~P ~CJi\ '7'~/
I r-. { ~ ~"id~ 0 Intl.LG{ a/no
~ .. \ p1J\\'-' ;t:: J I
'\ .... MY Co . Ion Expires: /J / I j.GJ-. /OlO).5
"'.e J' .........G ~ ,..4i /'
~#'" l' A TE 0 \ ",,,
""..~nll"'"
Page 3 of3
K:\COUNCILIDraft Ordinances\Ord 621 Terra View.doc
~
LAND
PLANNING
mJ
CIVIL
ENGINEERING
Eq
m
LANDSCAPE
ARCH ITECTU RE
~
LAND
SURVEY
~
WATER
RESOURCES
1173 East Winding Creek Drive
Eagle, ID
83616
PH 208/2468300
FX 208/2468320
www.wrgdesign.com
www.wrgdesign.com
lUj
I
I
I
!
,
I
---
EXHIBIT "A"
RECEIV-ED& FiLED I
CITY OF EAGLE
OCT 2 4 2007
DES I. G N 1 N C.
File:
Route to:
Annexation Description
For Flack & Carlock
Job No. 6066387.01
A parcel ofland situate in the east half of the southeast quarter of Section 33 and Section,34,
Township 5 North, Range 1 West, Boise Meridian, Ada County, Idaho, being more
particularly described as follows;
Commencing at the southeast comer of Section 33, Township 5 North, Range 1 West, Boise
Meridian, the POINT OF BEGINNING:
Thence N89044'14"W, 1305.86 feet along the south line of Section 33 to the
southwest comer of the east half of the southeast quarter of Section 33;
Thence NOooI5'35"E, 2647.68 feet along the west line of the east half of the
southeast quarter of Section 33 to the northwest comer of the east half of the
southeast quarter of Section 33;
Thence S89000'55"E, 1316.85 feet along the north line of the eas.t half of the
southeast quarter of Section 33 to the northwest comer of the southwest quarter of
Section 34;
Thence S8901 0' 14"E, 2637.44 feet along the north line of the southwest quarter of
Section 34 to the northeast comer of the southwest quarter of Section 34;
Thence S89011 '05"E, 736.51 feet along the north line of the northwest quarter of the
southeast quarter of Section 34;
Thence NOo031 '15"E, 429.00 feet;
Thence S89011 '05"E, 577.50 feet to the east line of the southwest quarter of the
northeast quarter of Section 34;
Thence S00031 , 15"W, 429.00 feet along the east line of the southwest quarter of the
northeast quarter of Section 34 to the northeast comer of the northwest quarter of the
southeast quarter of Section 34;
Thence SOo036'52''W, 328.53 feet along the east line of the northwest quarter of the
southeast quarter of Section 34;
Thence S87~4'07''W, 27.44 feet;
Thence S34049'OT'W, 240.70 feet;
Thence S41 o25'07"W, 101.30 feet;
Page 1 of2
Annexation Description Continued ...
Thence S31038'53"W, 213.32 feet;
Thence S20037'07"W, 116.40 feet;
Thence S38024'07"W, 168.00 feet;
Thence SI3~4'07"W, 126.00 feet;
Thence S 18025' 13 "E, 173.42 feet to the south line of the northwest quarter of the
southeast quarter of Section 34;
Thence S09050'25"E, 116.14 feet;
Thence S26040'35"W, 77.40 feet;
Thence S49056'35"W, 199.58 feet;
Thence S4001T35"W, 264.35 feet;
Thence S46039'35"W, 218.18 feet;
Thence S66055'35"W, 129.16 feet;
Thence S28030'35"W, 77.80 feet;
Thence S29033'35''W, 105.37 feet;
Thence SI5037'35''W, 96.98 feet;
Thence S26051 '35''W, 377.85 feet to the south line of the southeast quarter of the
southwest quarter of Section 34;
Thence N89003'19"W, 1286.03 feet along the south line of the southeast quarter of
the southwest quarter of Section 34
Thence N89003'19''W, 1319.03 feet along the south line of the southwest quarter of
the southwest quarter of Section 34 to the POINT OF BEGINNING.
The above described parcel contains 289.17 acres more or less.
Subject to any easements or righ~s-of-way of record or apparent.
Prepared from information of record.
---
Page 2 of2
DES I G N INC.
-. ~...._-~.-
.c ;. "0 "0 ''t "0 \0 '0 1--. O:l "0 '0
0, 't "1 't - 't - OJ "1 '" 0 0 0
<:: " <0 <0 " oi " to <0 ".; to to
.,
-J "" 0 - - r--. ~ r--. ~ '" "1 "" ""
- -
~ ~ ~ ,L..J ~ ~ s s ~ L..J~ L..J
, , , , ,
'" Ol r--. r--. r--. II) II) 11)11) II) II) 0) <0 0
- <:: .0 !? 0 ."" ."1 ."1."1 !:'l "1 .11) .'t
.D ,_
o ... 't II) 1--. 0 0 l() 0 ..., 1--. ..., <0 0)
I- 0 ..., i' ..., l() 't l() ..., ..., ..., 0 't l()
.,
<))Cl:l 1.... 0 0, 10 10 (,;, 0, lo 0, 0 0
c OJ 't "" 0 "" <0 "" "" Vi OJ 0 0
~J Vl Vl Vl Vl Vl Vl Vl Vl Vl Vl Z
..
., "" ..., 't l() <0 r--. OJ '" 0 - ""
<:: ::;
:::i -J -J -J -J -J -J -J -J -J ::; -J
~~ ~-,~~
-,I;,;;. ~,..J.,..,V""" ,,,,,...,",,.t
CITY OF EA L
048PI '81083 jO AIIO
011 'HO/8S
O~tB'O'~'IO~ '~\lj OOi:"9"~'O<: '1ll1
g,eEI! 01'''10113 "'IJO ~"j:lOvlP\ItM '!l t./.U
--,JUk
NOISIAlosns M31A V'tltl31
1lSlHX3 NOll V'X3NNV'
__CLJ..
File: ___...._.
Routo to:_
J'\';fiZI.'
M"ZC;,9\:,OOS ~
-"
,S:
~r---.o
,0,...
en '
",0
.<t
"''''
,,.,
lf1
,OO'6Zb
~is r\M" ~ l ~OOS
~ \
,wi \
'nl
~L__~\\
~ ,006GP '" .
:: 3"C;UCOON '-
~ ~- "" ~
~ ~ ~ ~
~ ~I "- ~
l.>jl ~
if, "'--
.0
ft:-
t; ?' ,w
~~ "8~8 ~ ~~.
~~~~ ~~
V1.-~lO 0Clr-; v
.- N r== r---. -.l
(/) <= Ul......
en
co
lf1
'\
~
~
~
'--....
..........
~
~
~
'\
---...... i '\
~"\\
( \", ~
~
"-~" Ig
-- ..........~ '" '" '" I ~
~ ~:
_\ _: 1'\ I
\ 1":"\ ...J
\ I;:::
~
:1 \
'\
~
~
'U"J
t'l..
.- U')
""co
~r'
N,...
lf1n -
~~..~
.
'-
~
co
-,
~
I
1'tI
I~
~
1-1
./
,I
;1
o:l 'I-
t-<
......
o:l 1
...... JI
::r: :1
~
i:.I.l
:1
1
~
~
'-
w
~
e /6848 ~ eUI/l/::JJew
L 18945 - 9uI/l.plew
~
.
~
:II~
i ~"'"'
,n
,0
I",
I~
II
II
~
~ I~ '~
..,J.,
_ ~J5
~
>
~
.
::
~
,
\0
~I
nl
,=/
\0
,"",
D
PI
mr
----
C ---- --'.".!: 19
'~I:~<.O
:;: 1'0)
- .--/
~I 'tI
__ ___ "1,,,13
--- ''TI',,~
:y.I~~
}g
I II ~
L - - - - - - - -,89""- - -,,,S'~;',OON - 0 --: - --A "
[IJN
it::;
.
'-
i7I
N
'-
~ =10 ~ 'ON 133HS
8l^JIlS :A8
BO/6c/ LO :31 'VO
LB89H18 'ON 183rOl::ld
J:o:
c: b +-'
2 e .!i
- ~ 0
.0Cl~a...
:;:;-~.~
'0 U c
c c .
o 0 E
o 0 .-
",,,,0
o 0 .
. .
c c
:.J:..J
,,"
o "
3:~
Ie.
- :l C
o 0 ::i
1(0
- '0
L J 0
.S!' q) 0
o::zCb
i II
I
I
I
a.
o
U
g. E
U 0
c
i:l 'E
o 0
me(
'0"
c C
~ "
o 0
u..u..
00
o
-0
..,.
b
0
..,.
JI
..... 0
W
..J
<l:
() 8
en N
o
o
..,.
~'\
-W
For The Teo pt of kfafio
STATE TAX COMMISSION
800 Park Blvd., Plaza IV • Boise, ID • 83722
May 14, 2009
Sharon Bergmann
Eagle City Clerk
660 Civic Lane
Eagle, ID 83616
Subject: Ordinance No. 621 EAGLE (CITY)
Dear Ms. Bergmann:
RECEIVE15-8TFILED
CITY OF EAGLE
MAY 2 2 2009
File:
Route P+.
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 gisatax.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
Equal Opportunity Employer
I
Valley Times
P.O. Box 1790 - Eagle, Idaho 83616
LEGAL ADVERTISING PROOF OF PUBLICATION
Account
Address: (066 •
c3/.,110
0-e i s!
Attention:
ORDINANCE NO. 621 3,( Lu o 9
RECEIVED & FILED
CITY OF EAGLE
MAR 19 2009
File•
Route to'
Identification: V tint ,t. hw ^ c.k /V () Z
Run Dates: 3-1(0 '0°‘
Number Lines
Other
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) 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 "A" of this ordinance has requested, in writing, a rezone from RUT to MU -
DA; and
WHEREAS, the property described in Exhibit "A" consists of 8040 West Beacon Light Road
and 4035 North Hartley Road and the following parcels S0334320000, S0334310000,
S0334340500, and S0334438500; and
WHEREAS, the Planning and.Zoning Commission of the City, pursuant to public notice as
required by law, held a public hearing on November 19, 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 public
hearings on October 14, 2008, and October 28, 2008, 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
OF EAGLE, IDAHO, as follows:
Section 1: The Eagle City Council hereby fmds 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 .1121119 e1J$44>1.42"tlr 1 q
o O
Amount Z' UO
SS)
DATED this 10th day of March
CITY COUNCIL OF THE CIT)
ATTEST:
uarter
baton�C Bergmannnn, Eagle Citt/
STATE OF IDAHO )
: 101.
County of Ada
On this 13 day of Ain
N tary Public in and for said Stan
c tient► k,13e r>lurrn kn
municipal corporaTion that execut-
instrument on behalf of said corpo
the same.
In witness whereat 1 have hereon
first written.
deposes
I Clerk of
)lished at
t the said
1 the said
Meridian,
trruptedly
period of
oft the othe first
attached
)iished in
i 60-108,
_ time(s)
Iper, and
not in a
published
Ig dates:
i'�U d)
quarter of the DAHO )
)SS
least quarter of F ADA )
of 200/
iwest quarter of 3
person
rument,
$ that the
A parcel of land situate in Ste eat he that
Township 5 North, Range 1 Was same.
particularly described as follows;
Commencing at the southeast oor" y c'itQ11C
Meridian, the POINT.OF BEGIN'Sldln
r Idaho
ID