Ordinance - 2009 - 625 - Adonai Subdivision - 06/23/2009
ADA COUNTY RECORDER J. DAVID NAVARRO AMOUNT .00 5
BOISE IDAHO 07/30/09 01 :07 PM
~~~~~~E~~~~ea~~~~~I~g 1I1111I111111111111111111111111111111
Eagle City 109089346
ORDINANCE NO. 625
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 R-2-DA (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 LA W; 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-2-
DA; and
WHEREAS, the property described in Exhibit "A" is located at 2440 North Park Lane; and
WHEREAS, the Planning and Zoning Commission of the City, pursuant to public notice as
required by law, held a public hearing on May 21,2007, 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 June 26, 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-2-DA for the
property described in Exhibit "A" is appropriate to meet the requirements ofldaho Code, Eagle
City Code and the Eagle Comprehensive Plan and should be granted.
Page 1 of3
K:ICOUNCILIDraft Ordinance,lOrd 625 Adonai Sub.doc
NOW, THEREFORE, BE IT ORDAINED BY THE MA YOR 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 R-2-DA (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 R-2-DA
(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 625 Adonai Sub.doc
DATED this 23rd day of June 2009,
CITY COUNCIL OF THE CITY OF EAGLE
Ada County, Idaho
~~
Phil Bandy, Mayo
,L;,-
ATTEST:
_J ~ K ~/h_~
Sharon . Bergmann, Eagle City lerk
STATE OF IDAHO)
: ss.
County of Ada )
'/ ~ i
On this 0~ day of~JU Y){?./ , in the yearc1009, before me, the undersigned, a
Notary Public in and for said State, personally appeared >>licht/pi I-/uf/ake... and
N} K - a Y) , known to me to be the J'4"^' YQR,&Bd CITY CLERK of said
municipal co oration that executed this instrument ari~(~'1fefS~i, 'who executed the said
instrument on behalf of said corporation, and acknowledged to me that such corporation executed
the same.
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My Commission Expires:
Page 3 of3
K:\COUNCILIDraft Ordinance,lOrd 625 Adonai Sub.doc
Project No: 06250
Date: January 4, 2007
Page: 1 of 1
TOOTHMAN-ORTON ENGINEERING COMPANYiI"'-"RECElVED & FILED
CONSULTING ENGINEERS, SURVEYORS AND PLANNERS CITY OF EAGLE
9777 CHINDEN BOULEVARD I
BOISE, IDAHO 83714-2008 I JAN 1 0 2007
208-323-2288 . FAX 208-323-2399 I
boise@toengrco.com
j File:
! Route to:
1
EXHIBIT A
ANNEXATION, REZONE AND PRELIMINARY PLAT DESCRIPTION
OF DWAYNE LINGEL SUBDIVISION
LOT 2 IN BLOCK 1 OF WHITEHORSE SUBDIVISION, ACCORDING TO THE OFFICIAL
PLAT THEREOF, FILED IN BOOK 80 OF PLATS AT PAGE 8618, OFFICIAL RECORDS
OF ADA COUNTY, IDAHO.
CONTAINING: 5.70 acres, more or less.
SUBJECT TO: All Covenants, Rights, Rights-of-Way, Easements of Record and any other
Encumbrances.
The property described herein should be in compliance with all applicable zoning regulations. Toothman-Orton Engineering Co. assumes no
liability for current or jitture compliance with county or city zoning ordinances and/or restrictions.
G:\06250\WPfiles\Applications\Legal Description Dwayne Lingel Subdivision.doc
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For 'The People of Idaho
STATE TAX COMMISSION
800 Park Blvd., Plaza IV • Boise, ID • 83722
November 2, 2010
Sharon Bergmann
Eagle City Clerk
P O Box 1520
Eagle, ID 83616
Subject: Ordinance No. 625 EAGLE (CITY)
Dear Ms. Bergmann:
''''-lend4c1
Zia lee .7-d,
1)13111
RECEIVED & FILED—
CITY OF EAGLE
Flier
Route tA•
5 2010
The Idaho State Tax Commission (ISTC) received the documentation that was provided
for the annexation of real property in EAGLE (CITY), for tax year 2011. 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 a isaa,tax.idaho.Qov or by phone at
208-334-7750. Thank you for your cooperation.
Find current year information about taxing district change requests at the Current Status
Web page.
Visit httv:lltax.idaho.zovli-1069.cfm
Sincerely,
Craig Johnson
GIS Analyst
Technical Support Bureau
Idaho State Tax Commission
Equal Opportunity Employer
Hearing Impaired Callers TDD 1-800-377-3529
Valley Times
P.O. Box 1790 - Eagle, Idaho 83616
LEGAL ADVERTISING PROOF OF PUBLICATION
RECEIVED & FILED
CITY OF EAGLE
JUL 0 1 2009
File:
Route tn•
Account () e f- is
Address: J
b(0.) E•Ci. Vl'C LaH(
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Identification: lJ eve,. 'A. "&-
Run Dates: G - 2T - 0 °I
June 29, 2009
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Legal Notices
ORDINANCE NO. 625
AN ORDINANCEANNEXING 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 CLASSIFICATIONOF SAID REAL PROPERTY DESCRIBED
HEREIN FROM RUT (RURAL -URBAN TRANSITION) TO R -2 -DA (RESIDENTIAL WITH •
A DEVELOPMENT AGREEMENT); AMENDING THE ZONING MAP OF THE'CITY OF
EAGLE TO REFLECT SAID CHANOE; D1RECTIN(3•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 ofthe real property situated in the =incorporated area of Ada County
and particularly described in Exhibit "A" of this ordinance has *nested, 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 ut Exhibit "A" of this ordinance has requested, in writing, a rezone from RUT to R -2 -
DA;
2 -
DA; and
WHEREAS, the property described in Exhibit "A" is located at 2440 North Park Lane; and
WHEREAS, the Planning and Zoning -Commission ofthe City, pursuant to public notice as
required by law, held a public hearing on May 21, 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 June 26, 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 of R -2 -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 1T ORDAINED BY THE MAYOR AND COUNCIL OF THE CITY
OF EAGLE, IDAHO, as follows:
Seddon I,: The Eagle City Council hereby finds and declares that the real property particularly
described in Exhibit "A", attached hereto and incorporated herein by reSaeence, is contiguous to
the City, that said property can be reasbmably 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.
2: The real property, all situated in Ma County, Idaho, adjacent and contiguous to the
City, particularly described inExhibit "A" and as gem* 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.
Seddon 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 R -2 -DA (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 4i The described real property generally as shown or Exhibit "B" and located as
specifically described in the attached legal demon Exhibit "A" all situated in the City of
Eagle, Ma County, Idaho, is hereby removed from the RUT (Rural Urban Transition) zoning
a '^
•_ =r —a --- r n.�,,. lvtolinExhibit "�1uded in the R -2 -DA
nes 2-."l Amount
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RECEIVED &
CITY OF EA
.JAN 1020
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'RIPTION
13 THE OFFICIAL
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the Principal Clerk of
wspaper published at
Df Idaho; that the said
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been uninterruptedly
inty during a period of
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y of which is attached
)nice was published in
with Section 60-108,
led, for 1 time(s)
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rCIAL RECORDS notice was published
in the foil U 'ng dates:
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