Ordinance - 2009 - 628 - Annex/Rezone Pembrook/Moffat - 07/28/2009
ADA COUNTY RECORDER J. DAVID NAVARRO
BOISE IDAHO 07/30/09 01:07 PM
DEPUTY Bonnie Oberbillig
RECORDED-REQUEST OF
Eagle City
AMOUNT .00
6
III 1111111111111111111I11111111111111
109089344
ORDINANCE NO. 628
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" consists ofPembrook Subdivision in its
entirety and property located at 702 West Beacon Light Road; and
WHEREAS, the Planning and Zoning Commission of the City, pursuant to public notice as
required by law, held a public hearing on April 6, 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 May 12, 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 of Idaho Code, Eagle
City Code and the Eagle Comprehensive Plan and should be granted,
Page 1 of3
K:ICOUNCILIDraft Ordinance,lOrd 628 Pembrook - Moffat.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 628 Pembrook - Moffat.doc
DATED this 28th day of July 2009,
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STATE OF IDAHO)
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County of Ada )
On this '!iJ~ay of ~ ' in the year '7 , be ore me, he undersigned, a
Not!ll)' Publi~ ~d for said State, personally appeared '\ and
~ ~ (~l':\\" IA-. , known to me to be the MAYOR and CITY CLERK of said
municipal corporation 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, (.~. '~ L
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Page 3 of3
K:ICOUNCILIDraft Ordinance,lOrd 628 Pembrook - Moffat.doc
EXHIBIT "A"
THE LAND GROUP, INC.
July 13,2009
Project No, 109089
Pemhrook Subdivision/Moffat Property
Annexation Legal Description
39,61 Acres
A tract ofland situated in a portion of the Southwest One Quarter of the Northeast One Quarter of
Section 32 and a portion of the Southeast One Quarter of Section 32, Township 5 North, Range 1
East, Boise Meridian, Ada County, Idaho, described as follows:
Commencing at a found brass cap monumenting the Southeast Comer of said Section 32 on the
centerline of West Beacon Light Road, thence following said centerline and the southerly line of
said Section 32, South 89039'58" West a distance of 2,003 ,65 feet to the POINT OF
BEGINNING,
Thence following said centerline and said southerly line, South 89039'58" West a
distance oft 73 .76 feet to a point;
Thence leaving said centerline and said southerly tine, North 00018'52" West a distance
of 202,96 feet to a found 5/8~inch steel pin;
Thence South 80025'06" West a distance of 240.23 feet to a found 5/8-inch steel pin;
Thence South 00020'03" East a distance of 164.36 feet to a point on the centerline of
West Beacon Light Road and the southerly line of Section 32;
Thence following said centerline and said southerly line, South 89039'58" West a
distance of 257.04 feet to a found 5/8-inch steel pin monumenting the South One Quarter
Comer of said Section 32;
Thence leaving said centerline and said southerly line, North 00027'20" West a distance
of 2,641.25 feet to a found brass cap monumenting the Center One Quarter Corner of said
Section 32;
Thence following the northerly line of the Southeast One Quarter of said Section 32,
North 89035'28 East a distance of332.32 feet to a point on the right-of-way line ofVaJli-
Hi Road;
Thence leaving said northerly line and following said right-of-way line, 49.96 feet along
the arc of a non-tangent curve to the right, said curve having a radius of 45 ,00 feet, a,
central angle of 63036'44", a chord bearing of North 58036' 10" West and a chord
distance of 47.43 feet to a point on the centerline of Valli-Hi Road;
Thence leaving said right-of-way line and following said centerline, North 89035'28"
East a distance of 372.39 feet to a point;
Thence leaving said northerly line, South 00031'45" East a distance of 2,667,13 feet to
the POINT OF BEGINNING.
Landscape Architecture - Site Plannill,g - Civil Engifleeting !;;off Course Irrigation & Engineering - Craphk C01l1mllnication
140 River Vista Place, Twin Falls, Idaho P208.733.4041 F 208,733.4045. :ww\\[,thdundj;f01.lpinc.coill
G:\2009\ 109089\Admin\Lq,rals\L. 090713 109089 Annex.doc
Page 1 of2
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THE LAND GROUP, INC.
The above-described tract ofland contains 39.61 acres, more or less, subject to all existing
easements and 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)
Landscape Architecture · Site Phmling . Civil Engineering !;;olfCourse Irrigatiofl & Engineering. Graphic Communication
140 River Vista Place, Twin Falls, Idaho P208.733.4041 F 208.733.4045 . www.thdand{TfOupinc.com
G:\2009\109089\Admin\Legals\L090713109089 Annex.doc
Page 2 of 2
EXHIBIT "B"
CENTER 1/4 /
CORNERJ ~
SECTION 32
332.32'
R=45.00'
ARC=49.96
0=63'36'44"
CB=N58'36'10"W
CHORD= 47.43'
N89'35'28"E 2657.79' ",...,.."..'.. I
N 3;{]tE- VALLI-HI RD~"~' '3~ 133_
. '. , , .. , ... ....., 2325.47', .... .. , ' .' ~~~~~E~4
SECTION 32
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S89'39'58"W' 1 tSEcnON 32
173.76'
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W. BEACON LIGHT RD. 5 I 4
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Exhibit "B"
PROJECT INFORMATION
1 "=300'
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1 - . Site Planning
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" ,..~. 462 Jl. Shor, Dr., Eagl.10. 83818
:-'c.;"oj =Jf::i. 939~~%'::a:t (208) 939-U4S ,
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Exhibit "8" - Annexation
Pembrook Subdivision
Moffat Property
7 -13-09
109089
1 of 1
AECE'\fElj & FIlIID
CITY OF EAGLE
AUG 0 5 2009
Valley nmes
P.O. Box 1790 - Eagle, Idaho 83616
LEGAL ADVERTISING PROOF OF PUBLICATION
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Address: ~~o r;. C~'v 1''- lOl.-",J(
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Identification:
6- f"'\.~' ~ct n u.. No, c, L~
q -3 '09
Run Dates:
Number Unes
:2610
Amount g 2.1 \{ Sb
WHEUAS.lhe Bip City Coubcil, punuaDt to public DOtice. requlrect by law. hIl1d a public
beIr:la& onMil)' 12. 2009. OIllhe pl'opoIocl.....ltiillD -1JlllIiiIc iIt lhe - property cMcdbed .
ill EKbibit MA" .lIqtIked by Sel:dIlIl67-6S2S. IdUo Code. made fialIl1IaI and....~...
lhe ~1IIlIIIlIIdoD lIbouIdbo pIIIled IDd tW a 2IllIIiDa c'-ifWtlnn of A.R.DA iltlhe STATE OF IDAHO)
poperl)' __"bed iu Exbt'bit ..x.. is ~......la.1o JIIIlet lhe .~ ofIdUo Code. BIale
CityC4lda_~11APc.,..llI~PIm"''''''bo''''''' ' . ~ )SS
NOW.~BlurOltDAOOiDBY 1lIB MAYOR AND COUNCIL OF THEaTY;r COUNTY OF ADA)
OFEAGI.E,lDAHO,ufilllows:" 'I1let day of ~ ~ in the year of 200'
...." TheF.uleC~~~. ~"lIdcledareldlattbe_property'JlIdic*ly. . *'~, a Nota~personally appearea
...... ~ ~.M-;..c:.liJ'.."" Frank Thomason:'1ftoWn or identified to me to be the person
:'"0'''... . . '.. ..... ~ \ whose name is subsaibed to the within instrument,
i Q" f.. +oT All,.. \ \ and being by me rst duly sworn, declared that the
: _. _ t : sta n herein are nd acknowledged to me that
\ \ P VB \. \ C io i u. . he executed the same.
.... loP' ... ~ . .~
"" )>... ....M... ~,. . ~.,- Notary Public for Idaho
~"'" 1'8 Of, \ ,-",f/i Residi~at ~ise,ID
".........", My Commission expires: 1:)1 ,-=, {' J
ODDWtCBNO._
AN ORDINANCE~cat.TAl'N REAt.,PROPBllTY $ITUATfID IN TIlE
UNINcoRPoRATED AREA OF ADA.cotJNTY.lDAHO; AND CON1IOUOUS TO TIlE
CORPOMTE UMITS OF TIlE arv OF MOLE. TO THE CllYOF EAGLB, IDAHO;
CHANGINO THE ZONINO CLASSJPlCATION OF SAID REAL PROPERTY DEsc1UBED
HERBIN)lllQM RlTr (Rl.JRAL.URBAN 11tA.NSll1ON) TO ^.R-DA (AGltICULroJlJ\Lo
USIDENI1AL WI1H A DEVELOPMENT AGRBEMENI); A.MENDING THE ZONING
MAP OF THE CllY OF MOll! ro.JtEllLI!CTSAID CHANGE; DIREC'l'INO THAT
COPlESOP 11IIS ORDlNANCEBE FILED AS PROVlDED BY LAW; AND PROVIDINO
AN EJIFBCTIVE DATE. .," .
WHEREAS, lhe City off4le, JdIhoie alllllllic:ipa1 ~ orpnizecJ lIIIll opeI'lIdna UIIder
1be Jaws of1be StIle. ofldlho IIld it ....ized to lIIIIllllt to IIld incoqlorate widlin lhe bouIIdlaies
oflhe City COIIliauouI- p.vperty iulhe -..pIOYidod by Section >>222, IdIho Code; IIId
~"'......_..........._-"'..."-
... .......... in &hibit MAN oftbis ~ bas reqaeated. iu writiD& ........,v...
of Slid.. 10 the City ofEaaJe; lIIIll '
WHER.EAS,lhe owner oflhet'Clll.JlIOI*tY 1Rualed1tlithiu.. City ofEaaJe IIld pIrIicuIa'ly
dacribed ill EldIibit MA"oftis ordiaaIII:e bas mqueslDd.iD writiD& a _fiom RUf to ^.R..
DA; IIld
WHEREAS, lhe ptqlClIty deIeribed ill ExIIibit "A" CODIislI ofPembrook SubcIiviaioD in itS
~ IIld JII'OJleftY locaIod at 702 Weat BClIICOIl IJabt Road; and
WHEREAS.lhe PIarIaiDi and ZoaiIIc ~~t..lftn oflheCitf. JIIUlIl1U to public DOtico..
requlred by law. beld a public MairIi on Aprll6. 2009, as aec(uind by Section 67-6515. IdIbo
Code. _ mtde a .-"......,.~ to 1be ~ IDll CouRcil; IIld
.ik Thomason, being duly sworn, deposes
Ifld says: That he is the Principal Clerk of
Times, a weekly newspaper published at
Ada County, State of Idaho; that the said
July J3.20fP8per is in general circulation in the said
PnljectNo.,ty of Ada, and in the vicinity of Meridian,
~ ~nd Eagle, and has been uninterruptedly
~blished in said County during a period of
-eight consecutive weeks prior to the first
A. ofJf this notice, a copy of which is attached
s.:. 32l'eto, and that the notice was published in
Baat,Bolserimes, in conformity with Section, 60-108,
, ~ Code, as amended, for _ time(s)
.-uno ,.ular and entire issue of said paper, and
said . d in the newspaper proper, and not in a
lent; and that said notice was published
A on the following dates:
,"ing )~ ~ <-.ooq
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!f f\. C{;yt}v /l'YL. G.-:. .........
August 25, 2009
Sharon Bergmann
Eagle City Clerk
660 Civic Lane
Eagle, ID 83616
Subject: Ordinance No.
Dear Ms. Bergmann:
For The People of Idaho
STATE TAX COMMISSION
800 Park Blvd., Plaza IV • Boise, ID • 83722
628 EAGLE (CITY)
-- RECEIVED
•
CITY OF EAGLE
SEP 2 2009
File.
Route to.
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 aisntax.idaho.iov 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 httn://tax.idaho.aov/nronertvtax/GIStca status. cfm
Sincerely,
Craig Johnson
GIS Analyst
Technical Support Bureau
Idaho State Tax Commission
Equal Opportunity Employer
Hearing Impaired Callers TDD 1-800-377-3529