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Ordinance - 2010 - 641 - Rezone Radcliff - 04/13/2010 ORDINANCE NO. 641 AN ORDINANCE CHANGING THE ZONING CLASSIFICATION OF THE REAL PROPERTY DESCRIBED HEREIN FROM PS (PUBLIC/SEMIPUBLIC) CLASSIFICATION TO R-1 (RESIDENTIAL); AMENDING THE ZONING MAP OF THE CITY OF EAGLE TO REFLECT SAID CHANGE; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the City of Eagle, Idaho is a municipal corporation organized and operating under the laws of the State ofldaho; and WHEREAS, pursuant to Chapter 65, Title 67, Idaho Code, the City of Eagle has the authority to adopt, establish and amend a Zoning Ordinance; 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 PS to R-1; and WHEREAS, the property described in Exhibit "A" is identified by the Ada County Assessor's Office as parcel number S051 031481 0; and WHEREAS, the Planning and Zoning Commission of the City, pursuant to public notice as required by law, held a public hearing on December 7, 2009, as required by Section 67-6509, 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 February 23, 2010, on the proposed zoning for the real property described in Exhibit "A" as required by Section 67-6509, Idaho Code, made findings and determined that the requested zoning classification of R-1 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 is hereby granted. NOW THEREFORE, BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE CITY OF EAGLE, IDAHO, AS FOLLOWS: Section 1: The City Council hereby finds and determines that the real property particularly described in Exhibit "A" be removed from the PS (Public/Semipublic) zoning classification and included in the R-1 (Residential) 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. Page 1 of2 K:ICOUNCILIDraft OrdinanceslOrd 641 Radcliffe,doc Section 2: 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 PS (Public/Semipublic) zoning classification and the real property described in Exhibit "A" is hereby included in the R-I (Residential) zoning classification. Section 3: The official Zoning Map of the City of Eagle, Idaho, is hereby amended to reflect the foregoing change in zoning classification. Section 4: This ordinance shall take effect and be in force from and after its passage, approval, and one (1) publication of the ordinance in the official newspaper of the City. DATED this 13th day of April 2010. CITY COUNCIL OF THE CITY OF EAGLE Ada County, Idaho ~ ~ ",11"1"1, "" "" ", \~y OF ", .... G......../i'"d #.. ... .- e. 1 ., ~ .. R P .. 0 '. : *" .. GO O~ e. <' .~ :: -1~ ~ ~ : : : ". t"f\ : : : rJJ :i S/J..... : : ..~ .. ':. ~ -.0 .-1 r ....:. .. "'7 .1',0 -<... ,,'. ,: ":,"A..O~ \~.. ... #, "'L'\ -. ATE 0 .- .... , <.! ...... 0 ' "" 0 P ID {>.. \\ ",- '" "" II'.......,' ATTEST: Sharon . Bergmann, Eagle City lerk Page 2 of2 K:ICOUNCILIDraft Ordinances lOrd 641 Radcliffe,doc EXHIBIT "A" RECEIVED & FILED CITY OF EAGLE OCT 2 0 2009 PROPERTY DESCRIPTION REZONE PS to R-l File: Route to: A parcel of land lying in the Southwest quarter of the Northwest quarter of Section 10, Township 4 North, Range 1 East, Boise Meridian, Ada County, Idaho and more particularly described as follows: Beginning at the brass cap marking the one-quarter corner common to Section 9 and the said Section 10; thence North 00 08'24" West 1,252.89 feet along the Westerly boundary of the said Southwest quarter of the Northwest quarter of Section 10, which is also the Easterly right of way line of Edgewood Road, to an iron pin on the Westerly boundary of EAGLE HILLS EAST, a subdivision, as filed for record in the office of the Ada County Recorder, Boise, Idaho in Book 25 of Plats at Pages 1586 and 1587; thence North 890 56'14" East 136.00 feet along the Southerly boundary of the said Eagle Hills East to an iron pin, also said point being the REAL POINT OF BEGINNING; thence Southeasterly along the said Southerly boundary of EAGLE HILLS EAST along a curve to the right 40.72 feet, said curve having a central angle of 630 03'46", a radius of 37.00 feet, tangents of 22.70 feet and a long chord of 38.70 feet bearing South 580 31'53" East to a point of reverse curve; thence continuing Southeasterly along the said Southerly boundary of EAGLE HILLS EAST along a curve to the lefft 18.92 feet, said curve having a central angle of 100 50'18", a radius of 100.00 feet, tangents of 9.49 feet and a long chord of 18.89 feet bearing South 3r 25'09" East to a point of ending of curve; thence South 8 45'23" East 677.59 feet to a point; thence South 890 56'14" West 37.56 feet to a point; thence North 8045'23" West 714 feet to the POINT OF BEGINNING. And including all right of way west to the Centerline of DICKY DRIVE. IIi I Il-~ III~ riD 2 '16 ~ ~ _ -'--- ?Jii.\ "I ,- -=~ =d W' l if Lt ~rYYi ~....;...;.~'....'."'" ~1 ~--' ~f; r!-I -W ,) 1<'-/\ it> ,'" L _ InlW _ t-I- '--= ' '-- ~r- jj~' ~ r= J lli~L I -r o - ~~\ a:: , ~ '- I I I J: ~ r---o. I'I~ = ~I I IIi - '-' II~- 'I I\:: ~ ~ J \ ~__ n ~ ~ ~ ,,~' , r }'I '~le-l ';-'J / ~\L' II' I. ~ 1TH~ I~ II ~ III ' I I II 0 I~, rr- {.- ~a T~' ~v I ~J 'i"'~~1I- ~ !j _ ~ tJ::.J- -- ~ _ Jel r'~ ~ T .. 1 HI I ~ :?1 ~~t: ~!l!1 :Ll-~~-'oa1l ILl" T'''J L ~ ~i ~ ~ - -1' - :dft!~ ,'1 :-: I- ~ I:> I -,Ir I j~ ~ - -I ~ ~~ 1;';t"7-' ~Jk -t H - '- ~~ ~ ~~ ~ I I Tn- \ 111 I _ A )~ .... - T~>X -7_V \ I - p..al'tlt: I ~ -- ~ ~t~~ rL~ :::IL-. -- ~3 Ji.~ - --.-:- u:1~ rf:> - - L, -. '- -<oil I T ~ f--< @ >-< :r: >< ~ - ~ I-~ ~ -' .. .. ~rt" -, r W ,"--/ - /' I I~~ . ~ IL'~ "'ZI"" I. ~ !: 1I~ - Valley Times P.O. Box 1790 - Eagle, Idaho 83616 LEGAL ADVERTISING PROOF OF PUBLICATION Account off" Ea 9 L Address: Ci t f) E E. Ci vi t_ L u we Sci(,/t, Attention: Michael Hutt t:nuncu rresraentinctmg mayor ATTEST: +,..+r Sham - Bergmann, £ogle City leek Identification: Run Dates: C Y^ da'h a AL( L1 - 2r,(. ',ot O RECEIVED & FILED CITY OF EAGLE MAY 03 2010 File • Route4or No . G t( Number Lines 2 Amount ! -36, 3 2 Other LSI �i* tcoRPo* •/,, • "1.,,,E t :s * Exhibit A """""... PRCP9ny DEScRIPnON REZONE PSto R-1 Frank Thomason, being duly sworn, deposes and says: That he s the Principal Clerk of Va" Times a weekly newspaper published at ounty, State of Idaho; that the said is in general circulation in the said Ada, and in the vicinity of Meridian, ogle, and has been uninterruptedly d in said County during a period of consecutive weeks prior to the first notice, a copy of which is attached Ind that the notice was published in in conformity with Section 60-108, de, as amended, for time(s) and entire issue of said paper, and the newspaper proper, and not in a and that said notice was published on the following dates: g p r;. ( Z� � ZA .)t A parcel of land lying in the Southwest quarter of the Northwest quarter of Section 10 Township 4 North, Range 1 Easy Boise Mendian, Ada County, Idaho and more particularly described as follows: Segh ming at the Wass cap marling the one-quarter corner common to Section 9 and the said Section 10; thence North 0' 0874" West 1.52.89 feet along t e'Westerdy boundary of the said Southwest quarter of the Northwest quarter of Section 10, which Is alsothe Easterly right of way lire of Edgewood Road, to an iron pin on the Westerly boundary of EAGLE HILLS EAST, a subdivision, as Med for record of the oftce of the Ada County Recorder, Boise, Idaho in Book 25 of Plats at Pages 1586 and 1587; thence North 89' 5614' East 136.00 feet along the Southerly boundary of the said Eagle Hills East to an iron pin. also said point being the REAL POINT OF BEGINNING; thence Southeasterly along the said Southerly boundary of EAGLE HILLS EAST along a curve to the right 40.72 feet, said curve having a central angle of 63' 0346", a radius of 37.00 feet. tangents of 22.70 fret and a long chord of 3&70 feet bearing South 58' 31'53' East to a point of reverse curve: thence continuing Southeasterly along the sold Southerly boundary of EAGLE NILS EAST along a anve to the Ief t 18.92 feet, said anis having a central angle of 10' 5018", a radius of 100.00 feet, tangents of 9A9 feet and a Long chord of 18.89 feet bearing Sash 32' 25'09' East to a point of ending of curve; thence South 8 4523' East 677.99 feet to a point; thence South 89' 56'14' West 37.56 Leet to a point: thence North r4523' west 714 feet to the POINT OF BEGINNING. And Inducting all right of way west to the Centerline of DICKY DRIVE. Note: Exhibit B is available for review at Eagle City Hall, 660 E. Civic Lane, Eagle, Idaho, Monday through Thursday 7 a.m. — 6 p.m. ,,aaaaaanas ass0. STATE OF IDAHO ) )SS COUNTY OF ADA 1 of a Al in the year of 2&i4 lotary Public, personally appearea r identified to me to be the person ibscribed to the within instrument, first duly sworn, declared that the ] i acknowledged to me that .J he executed the same. Notary Public for Idaho Residing at Boise, ID My Commission expires: dzi7 17. 1) I I