Ordinance - 2009 - 635 - Annex/Rezone Eagle Sports Legends - 11/16/2009
ADA COUNTY RECORDER J. DAVID NAVARRO
BOISE IDAHO 11/19/09 08:38 AM
DEPUTY Vicki Allen
RECORDED - REQUEST OF
Ci IV 01 Eag Ie
AMOUNT .00
5
III 1111111111111111111111111111111111
109129736
ORDINANCE NO. 635
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-P (RESIDENTIAL
WITH A DEVELOPMENT AGREEMENT-PUD); 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
ofthe 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" ofthis ordinance has requested, in writing, a rezone from RUT to R-2-
DA-P; and
WHEREAS, the property described in Exhibit "A" is located at 1252 North Emmett Highway;
and
WHEREAS, the Planning and Zoning Commission ofthe City, pursuant to public notice as
required by law, held a public hearing on June 18,2009, 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 July 14,2009, 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 ofR-2-DA-P 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
KICOUNCILIDraft OrdinanceslOrd 635 Eagle Sports Legends 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 R-2-DA-P (Residential with a development agreement - PUD)
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-P
(Residential with a development agreement - PUD) 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 ofthe 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 50-90IA, Idaho Code, may be published.
Page 2 of3
K:ICOUNCILIDraft OrdinanceslOrd 635 Eagle Sports Legends.doc
DATED this
th day of November 2009.
ATTEST:
".......",
"~I '"
"" ~ EAG{ ""
..' ~1 0 ....... ~ '..
" ~ ... e. __
: f.... .,OtlA 1'i-,... ...
.. ,.7. ~'\ ~. ~ .
: v: 0 ~ ':
::t.; , · :
: : ". \..~: :
. 0\. .
:~~ C~~ ,.0:
~ ...~..", ~ '\~~.. ~ :
.... ..;OR POll "....c\ '\" ......
...... <5'')., ........ \ V ....
" ~ -'t TE 0 \' "
"" ",,,,
11'""11'1'
ST A TE OF IDAHO)
: ss.
County of Ada )
On this / ~ day of At) VI n1 bt ~ , in the yearc2 ooq , before me, the undersigned, a
Notary Public i and for said State, personally appeared -;Pi)!! /3an~ and
1 m 1::. r. 'f11J , known to me to be the MA YOR and CIT 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
~,"'i;l.
first written. '''''''0'' SBC'..... ~
,," ...."
1/:.. "9~ ~ 't ~';. .
(,J ~t- .
: <. ~ .'!: ~t Pu ic.~ &
<~"""" I ~ 'tiM'
. ~ . .
1'~ mg at: _' .
,~
".~fCommission Expires: 0. OJ- OJ 0 is
Page 3 of3
K:\CQUNCIL\Draft Ordinances\Ord 635 Eagle Sports Legends.doc
{
RECEIVED&-FILE"b--
CITY OF EAGLE
KENNISON FC
ENGINEERS. SURV~YC
EXHIBIT "A"
MAR 2 0 2009
Route to:
Date: 3/20/09
Project No.: 2417
78.13 Acres
A parcel of land located in a portion of the Sl/2 of the SWl/4 of Section 3, and the SE1/4 of the
SE1/4 of Section 4, and the NEl/4 of the NE1/4 of Section 9, and the NW1/4 of the NWl/4 of Section
10, T. 4 N., R 1 W., B.M., Ada CounI:Y, Idaho, being more particuIarly described as foDows:
Commencing from a found brass cap marking the southeast 1/16 comer of said Section 4, ~&:F Insl
No. 9274873, comer records of said Ada CounI:Yi Thence a bearing ofS 89"12'40" E, a distance of 40.00
feet on the north boundary of said SEl/4 of the SEl/4 of Section 4 to a found 5/8 inch iron pin on the
east right-of-way boundary of Slate Highway 16 being the TRUE POINT OF BEGINNING.
Thence a bearing ofS 89"17'49" E, a distance of 404.83 feet on said north boundary of the SEl/4 of the
SEl/4 of Section 4 to a found 5/8 inch iron pin; Thence a bearing of S 89"1835" E, a distance of '2Bl.Xl
feet on said north boundary of the SEl/4 of the SEl/4 of Section 4 to a set 5/8 inch iron pin; Thence a
bearing ofN 89"5'3'33" W, a distance of 262.33 feet to a found 1/2 inch iron pin; 'I'ltenre a bearing ofS
00"33'58" W, a distance of 22.28 feet to a found 5/8 inch iron pin; 1'hence a bearing of S 30"22'10" E, a
distance of 259.70 feet to a found 5/8 inch iron pin; Thence a bearing of S 29"18'28" H, a distance of
126.89 feet to a found 5/8 inch iron pin; Thence a bearing of N 87"'55'00" H, a distance of 111.86 feet to a
found 5/8 inch iron pin; Thence a bearing ofS 89"55'10" E, a distance of 54134 feet to a found 1/2 inch
iron pin; Thence a bearing of N 10"10'28'" W, a distance of 352.13 feet to a foand 5/8 inch iron pin on
said north boundary of the SEl/4 of the SEl/4 of Section 4; Thence a bearing ofS 89"13'36" E, a
distance of 88.39 feet to a found 1/2 indliron pinmarldng the sou1h 1/16 corner common to said
Sections 3 and 4; Thence a bearing of S 89"12'28" E, a distance of 1,690.47 feet on the north boundary of
said Sl/2 of the SWl/4 of Section 3 to a found 5/8 inch iron pin; Thence a bearing ofS 04"14'44" E, a
distance of 211.38 feet to a found 5/8 inch iron pin; Thence a bearing of S 00044'10" W, a distance of
377.75 feet to a found 1/2 inch iron pin; Thence a bearing of S 85"0'7"08" W, a distance of 6.77 feet to a
found 5/8 indl iron pin; Thence a bearing ofN 00053'19" H, a distance of 56.2S feet to a found 5/8 inch
iron pin; Thence a bearing of N 84"12'45" W, a distance of 983.37 feet to a set 5/8 inch iron pin; Thence
a bearing of S 23"33'37" W, a distance of 848.m feet to a point on the cerdlcr.I:iue of a dra:inage ditI:h from
which a set 5/8 inch iron pin bears N 23":33'37" E, a distance of 53.70 feet; Thence a bearing of S
SS055'29" W, a distance of 22.24 feet on said centerline of a drainage dib::h to a point; Thence a bearing
ofS ~45'05" W, a distance of 1,~1.02feet to a point from which a found 5/8 inch:iron pin bears N
00"39'35" E, a distance of 29.98 feet; Thence a bearing of N 00"39'35" H, a distance of 909.35 feet on said
east right-of-way boundary ofSbde Highway 16 to a found 5/8 inch iron pin on the north boundary of
said NEl/4 of the NEl/4 of Section 9; Thence a bearing ofN 00055'55" H, a distance of 1325.58 feet to
the POINT OF BEGINNING.
Said parcel of land contains 78.13 acres more or less, together with and subject rights-of-way and
E'BSeIIlents of record andlor use.
Prepared by Rennison Fodrea, Inc.
430 E. STATE ST., SUITE HO, EAGLE, IDAHO 83616 I PH,208-938-2440 Fx,208-938-2441 I RENNISONFODREA.COM
EAGLE. CASCADE
Jb
.
1 N a~ ~3aNll N
r\r
) I'n,'\
t ~ I !:1,"1 i!ll!i S!t III
I.fi"~ ~ u
~<
I; . ":W c::t
In.
! ~~.- ""
~ "'~l~i~ ~
~ i5:E .9
~ (!)
h :&'g
8 -~ "'<lo.
:;:c
~
S
-
I--
o
-
l-
I
-;
o::l
t-<
-
o::l
-
::r:
><
~
-
~
rr'"
.-' '"
11
--
~aJlYl
S PITJ...v'
~
~
o
()
~ _\
3~
!::::~
~
,1
=' ~'" '" J
Irl ~
I )
I
~
a~ ~E aNIl N
w
-
-
0
r\ a::
a::
W
~
W
~ u-
i=
0
-l
u-
S
L
011
a::
W;
I
~ ,.'
w ~,,;~ \.
U-,
(!)
z
i=.
<:( -
5
. ~~,if _ n_
", ~ ""
'., /
"
"" '
I
T
I
J
Vl
) i "V\"
~ ' \ "
~
-
.
.\\.:11 .
,,~ a
. .
c
. 8
. ~ l'l"
.
. II
t: I :..
. :> Iil
. III 5
...
. . ~
rIl
c,
c:.J
I
It
~
~
.
.
if
(!)
z
~ f,.' "-
:: "-
u- t\ ~,,-"-
$: ~
~ D~ ~~~~
ffi~
n:J
~~
h
1 '
\\' ,I
)~\~III
e~
....,-
. .
~
1 if ~L~
s F
~ [}-I ,,; "-
--I:l: I---
j ~ ....
j --,
~ -;;
(j 17
-
~
/
Cfj; ~ I
I~ ./
/<l:r
5 J
~
Jt-:
<l:
I-
...: ~ l ~ ~
",' v
... Ei
-.r L11J
~
C
~~
<~
QC
too
...
. ""
Zl'l
~
u
::i
N
=II:
~ ~
u ~
Q.. ~ o~
<( ~ ~
~ ~ ~
>- 0-1 ~
t- fI) Q
- ~!
z ~ z
u ta ~
> t ~
-< ~
~ ~
~ 0
~ ~
fI)
5
~
Yvl
~ ~
. z
< Z 0
rTl :5 ~~
""" ~.
= 0- ;_:;
,... vi w W'
~ ~ ~~
o ~ ~ ~o
~~
Z~
o~
fI.).
~~
~G
= ~ 1j
<:5
tj,~ ~
STATE TAX COMMISSION
800 Park Blvd., Plaza IV • Boise. ID • 83722
December 22, 2009
Sharon Bergmann
Eagle City Clerk
P O Box 1520
Eagle, ID 83616
Subject: Ordinance No. 635 EAGLE (CITY)
Dear Ms. Bergmann:
RECEIVED & FILED
CITY OF EAGLE
DEC 2 8 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 aisa,tax.idaho.aov 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/nropertvtaxIGIStca 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
.For Vie Peopfi of Idaho
STATE TAX COMMISSION
800 Park Blvd., Plaza IV • Boise, ID • 83722
January 20, 2010
Sharon Bergmann
Eagle City Clerk
P O Box 1520
Eagle, ID 83616
Subject: Ordinance No. 635 EAGLE (CITY)
Dear Ms. Bergmann:
RECEiVEb & FILED
CITY OF EAGLE
JAN 2010
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 gisa,tax.idaho.eov 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/nropertvtax/GIStca status.cfm
Sincerely,
Craig Johnson
GIS Analyst
Technical Support Bureau
Idaho State Tax Commission
[lo mgr Oka stgicTax Corivr . Wi ek
,P,Ma;rtsf ID ewr.
Equal Opportunity Employer
Hearing Impaired Callers TDD 1-800-377-3529
00/09
/09
Hfa/l404.1 has OncI.
Tracy Osborn
From: Valley Times [editor@valleytimesidaho.com]
Sent: Tuesday, November 17, 2009 9:54 AM
To: Tracy Osborn
Subject: RE: Ordinance 635
Tracy,
Receipt confirmed; thanks!
Frank
Original Message
From: Tracy Osborn [mailto:tosborn@cityofeagle.org]
Sent: Monday, November 16, 2009 4:34 PM
To: Valley Times
Subject: Ordinance 635
Please publish one time only on November 23, 2009 with the following note " Exhibit B is available for
review at Eagle City Hall 660 E. Civic Ln. Eagle, Idaho Monday through Thursday 7:00 a.m. to 6:00
p.m.
Thanks Much!
Tracy E. Osborn, CMC
Sr. Deputy Clerk/Treasurer
City of Eagle, ID
208-939-6813
"Starting July 6, 2009 Eagle City Hall will be open Monday - Thursday 7:00 urn - 6:00 parr. Closed on Fridays**
1