Ordinance - 2009 - 626 - Annex/Rezone Abundant Life - 07/09/2009
ADA COUNTY RECORDER J. DAVID NAVARRO
BOISE IDAHO 06111109 01:35 PM
DEPUTY Gail Garrell
RECORDED - REQUEST OF
Eagle City
AMOUNT .00
5
1111111111111111111111111 111111111111
109068615
ORDINANCE NO. 626
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 A-R-DA (AGRICUL TURAL-
RESIDENTIAL 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 A-R-
DA;and
WHEREAS, the property described in Exhibit "A" is located at 3633 West Floating Feather
Road; and
WHEREAS, the Planning and Zoning Commission of the City, pursuant to public notice as
required by law, held a public hearing on January 26, 2009, 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 March 10.2009, 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 A-
R-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
KICOUNCILIDraft Ordinance,lOrd 626 Abundant Life.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 A-R-DA (Agricultural-Residential 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 A-R-DA
(Agricultural-Residential 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 626 Abundant Life.doc
DA TED this 9th day of July 2009.
CITY COUNCIL OF THE CITY OF EAGLE
ty, Idaho
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STATE OF IDAHO)
: ss.
County of Ada )
On this / tJt!1. day of ~-L- , in the yearcROtJ'l, beJpre my, the undersigned, a
N?}ary Public inD1d for said State, personally appeared Phil Q/Y]/idi, and
SI1!fl7.lYJ << Dtrff/J1P/J/L , known to me to be the MA YOR and CITY CLERK of said
municipal corporatfu'n 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.
Notary Pu Ii
Residing at:
My Commission Expires:
Page 3 of3
K:ICOUNCILIDraft Ordinance,lOrd 626 Abundant Life.doc
EXHIBIT A
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THE LAND GROUP, INC.
June 10, 2009
Pr~iectNo. 08178
Abundant Life Baptist Church
Annexation and Rezone
Legal Description
5.79 Acres
Lot 5, Block 1 of Ray's Acres Subdivision (on file in Ada County, Idaho in Book 30 of Plats at
Pages 1870 and 1871) situated in a portion of the Northwest One Quarter of the Northeast One
Quarter of Section 12, Township 4 North, Range 1 West, Boise Meridian, City of Eagle, Ada
County, Idaho, described as follows:
Commencing at the North One Quarter Comer of said Section 12 and being on the centerline of
W. Floating Feather Road, thence following the northerly line of the Northeast One Quarter of
said Section 12 and said centerline, South 89022'21" East a distance of 1 ,021.57 feet to a point,
which bears North 89022'21" West a distance of 1,620.46 feet from the Northeast Comer of said
Section 12 and being the POINT OF BEGINNING.
Thence following said northerly line and said centerline, South 89022 '21" East a distance
of299.96 feet to a point on the easterly line of said Ray's Acres;
Thence leaving said northerly line and said centerline and following the said easterly line
of Ray's Acres, South 0031' 14" West a distance of 852.27 feet to a point on the northerly
line of Lot 6, Block 1 of said Ray's Acres;
Thence leaving said easterly line of Ray's Acres and following said northerly line of Lot
6, North 84012'59" West a distance 0002.33 feet to a point on the easterly line of Lot 4,
Block 1 of said Ray's Acres;
Thence leaving said northerly line and following said easterly line of Lot 4,
North 00035'49" East a distance of 825.10 feet to the POINT OF BEGINNING.
The above-described tract of land contains 5.79 acres, more or less, subject to any existing
easements or rights-of-way.
Attached hereto is Exhibit "B", and by this reference is made a part hereof.
Prepared By: THE LAND GROUP, INC.
462 E. SHORE DRIVE, SUITE 100
EAGLE, IDAHO 83616
208-939-4041
208-939-4445 (FAX)
T .onrLr''OPe AnNtertllre - .fite Planning - CiIJi! EIJ,gineeriJJg ~o!fC{Jlme Irligatirlli ",l)> Engineering _ Gmphic CO/JJ/JllllIit:ation
140 River Vista Place, Twin Falls, lJaho 1'208.733.4041 F 208.733.4045 .'>iw\VJh~hwlj4,o\'I,jI)C:.Q2!n
C:\2008\08178\.\dmin\Legals\L 08111.7 08P8 Annex.ooc
Page 1 or 1
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Lot 5, Block 1 of Ray's Acres Subdivision Situated in a portion of the
NW 1/4 of the NE 1/4 Section 12, TAN., R.1W., B.M.
City of Eagle, Ada County, Idaho
2008
b Abundant Life Baptist Church
3633 W. Floating Feather
Current Zone: RUT
Proposed Zone: A-R
5.79:f:: Acres
* -.289'22'21}J021.5T
~ POINT OF COMMENCEMENT
N 1/4 CORNER
SECTION 12
Lot 4, Block 1
Ray's Acres
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589'22'21"E 2642.03'
W. Floating Feather Road
589"22'21/1E 299.96'
S89"22'21 "E 1320.50'
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NE CORNER J
SECTION 12
POIN T OF
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Lot 6, Block 1 N84'12'59/1W 302.33'
Ray's Acres
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FOUND BRASS CAP
CALCULATED POINT
ANNEXATION AND REZONE BOUNDARY
- SECTION LINE
&.
Exhibit "8"
~,-~ nm lAND GROUP, INC,
'-' ~ .. Lan.d.scape Architecture
.. .. Civ1.L R"1gineerhlfJ
.. Site Planning
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~ ..land SUrt!ayfng
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~ ;:::'11>.frO) ~;;i::'~::az (208) iJ.J9 4445 ,
PROJECT INFORMATION
1"=150'
Exhibit "8"
Annexation & Rezone
Abundant Life Baptist
11-19-08
08178
1 of 1
Valley Times
P.O. Box 1790 - Eagle, Idaho 83616
LEGAL ADVERTISING PROOF OF PUBLICATION
Account:
Address:
of Eft&
(eke L Dates;
June 15, 2009
Identification:
Legal Notices
ORDINANCE NO. 626
AN ORDINANCE ANNEXING CERTAIN REAL PROPERTY SITUATED IN THE
Ut.,c c6..uu u SATED 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 TRANSTlION) TO A R -DA (AGRICULTURAL -
RESIDENTIAL 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 My of Eagle, Idaho is a municipal corporation organized and operathig 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 ,.,. .:,:.,,, J area of Ada County
and particularly described in Exhibit "A" of this ordinance has requested, in writing, annexation
of said real property to the Clty 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 mune from RUT to A -R
DA; and
WHEREAS, the property described in Exhibit "A" is looted at 3633 West Floating Feather
Road; and
WHEREAS, the Planning and Zoning Commission of the City, pursuant to public notice as
required by law, held a public hearing on January 26, 2009, as required by Suction 67-6525,
Idaho Code, and made a ... . '... to the Mayor and Council; and
WHEREAS, the Eagle City Council, pursuant to public notice as required by law, held a public
hearing on March 10.2009, 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 anne ation should be granted and that a zoning classification of A-
R -DA for the property described in Exhibit "A" is appropriate to meet the : s :.:., w.::.,. of Idaho
Code. Eagle City Code and the Eagle Compnbausiveplan and should be granted.
NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE CITY
OF EAGLE, IDAHO, as follows:
Suction 1: The Eagle City Council hereby finds and declares that this real property particularly
descn'bed 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 bas requested, in writing annexation thereof to the
City.
Section 2: The real property, all situated in Ada County, Idaho, acjacent 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 refenmce, be removed from the RUT (Rural -Urban Transition) zoning
classification and included in the A R -DA (Agricultural-Residantis! 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
Earle. AdeCouoty. Idaho is hereby removed.from_the RI TT (Rurakt himn TranciNmml mnino
I00
RECEIVED & FILED
CITY OF EAGLE
JUN 1 7 2009
Flier
Route tr•
On 0Lt.�an /V d • l0 Z (.
(0-15-'0
.es
Z 50 Amount a 40.00
Book 30 ofPlats at
'the Northeast One
of Eagle, Ma
eing duly swum, deposes
le is the Principal Clerk of
y newspaper published at
ate of Idaho; that the said
feral circulation in the said
in the vicinity of Meridian,
I has been uninterruptedly
County during a period of
five weeks prior to the first
copy of which is attached
le notice was published in
rmity with Section 60-108,
nended, for 1 time(s)
e issue of said paper, and
paper proper, and not in a
said notice was published
- on the following dates:
v.A. 15 . U2)0
, on the centerline of
est One Quarter of 7
11.57 feet to a point, L
rtheast Comer of said riAI s ZW eI
22'21" East a distance el,,,v.
g the said easterly line
point on the northerly
d northerly line of Lot
easterly line of Lot 4,
of Lot 4,
IEGINNING.
to -any existing
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6.10.01
ew at 660 E. Civic
kok
STATE OF IDAHO )
)SS
COUNTY OF ADA )
AKA- in the year of 200c1
ublic, personalty appeared
Sed to me to be the person
rd to the within instrument,
icy swom, declared that the
acknowledged to me that
. A heexecuted the same.
S� Notary Public for Idaho
Resat,�� e� ID
expires: 71 )
For The People of Idako
STATE TAX COMMISSION
800 Park Blvd., Plaza IV • Boise, ID • 83722
July 17, 2009
Sharon Bergmann
Eagle City Clerk
660 Civic Lane
Eagle, ID 83616
Subject: Ordinance No. 626 EAGLE (CITY)
Dear Ms. Bergmann:
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 gisna.tax.idaho.tlov or by phone at
208-334-7750. Thank you for your cooperation.
Find current year information (2010) about taxing district change requests at the Current
Status Web page.
Visit htta://tax.idaho.nov/nronertvtax/GIStca status.cfm
Sincerely,
Craig Johnson
GIS Analyst
Technical Support Bureau
Idaho State Tax Commission
, C/n1 al/ d
-e- inat lei
ID 6/6 S7/070,
«eLa)o 167.()-0/(e_ �ykok
No ok-
Equal Opportunity Employer
Hearing Impaired Callers TDD 1-800-377-3529