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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. ", ,II """'" 'l.'" OF EA.... ,''''l rt ,., . .... ~ ........ v.( -\ $ v' ... ... ~ " ~ .. ~\'OR-"I)>.. ". .. :..0 1'0... .. . v V. . ' : * : -....... : * , : . : . -: \~ SEAL~~: : ':. .p.. ('>0 ~ '.. 0 ~ ':.# .;.. ...~POR"'~~.. ~ ,." ## -1 '), ....... ?'- ," ### ~ E: OF \\) ...... ### ", ',,'.......',' 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 BOISE. COEUR cl'ALENE . CALDWELL o WW ...J...J U:(!) ~U) .0 u.. WO' > ->- WI- O- lD 0 l( t....__ ~ E--< ...... CO ...... ::r:: ~ ~ Ir i ~ ~a: ~~ ~~ ~~ ~~ ~ ~ ,8 \' 'Q) ..3 ~ 0 I iLcc 0HW01 ')Nl1W',P llln~ OHWOI 'TlJMO~ ;N1~ ~---- 5Kl-rzr (ROl) :XVJ Il8zz.rzt (SOl) 'ltOld iKlOZ-"llr8 Ot-M) ''l$lO6 GtfWAllI'108 H3QNIIQ LLL6 .... .. ----r .-. ..,.. 1& ii I --QiOI3ii' .. , '-iiiN"i''1:;:J" ",. SNOlS~ ~ .ulYdJIOO DIIIIIDHIIIta HO.I.lIO-NUIII.IOOI. 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II ~~i! ~~ i~h~ ~!i :~Q ~ II! ,! ;"1 ;1 !in ~I bhl Hi ull I~ ~i~ ~~! ~I ~ti' ! ~,!it ~~~ S!l ~J aSII-' I. ;. 1:ljt ~t ~ili! .e. ! ! !~ ii! i" - ,y., -~ '.00' m ~h ,I if .:;1 d ~i~1 ~i f liE . fiul O:ll8HJtid J..llJQllS 51 "OJ :>NlllDCltB NO.DJ)-NWNftOOl JO NOISSNJd Nlll.lIll :lI.:lOldS If'lOHl.ll SiH]!N):) S.lI W Vl3If'IIUSN SIH1 JO NOll'I'JUOOIt lKJ ]SIllll 'NOI1:)I'l(]Oijd~ Atft '0:> ~3N:)N] NOaD-tmIllOOl ~ .l..U:l3rK>>ld 3H1 SI iH3Int.1SNI SIft '0:) :>NllID<<lNJ NOilIO-'*'''UOOI 900l Q) ~ ~ 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( r Identification: lJ eve,. 'A. "&- Run Dates: G - 2T - 0 °I June 29, 2009 .IE IIP 3. DH apo BIRO ic.3l )AtaJ I•. tit AEan Otp 0 pea 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 across) RECEIVED & CITY OF EA .JAN 1020 Fite•T Route to 'RIPTION 13 THE OFFICIAL A/o .6L5 duly swom, deposes the Principal Clerk of wspaper published at Df Idaho; that the said circulation in the said to vicinity of Meridian, been uninterruptedly inty during a period of seeks prior to the first y of which is attached )nice was published in with Section 60-108, led, for 1 time(s) ,ue of said paper, and tr proper, and not in a rCIAL RECORDS notice was published in the foil U 'ng dates: 3''. L t�4 SET FIDAHO) pigDtlr4nur 'AF ADA) err of 200n appeareo le person strument, ird that the me that he same. for Idaho Boise, ID //j '47"y(s= c u-€= 3 Sc.‹. ' X 5-- 17- 5- 34 (1.(0 Td