Ordinance - 2010 - 642 - Annex/Rezone Sulik - 04/13/2010
ADA COUNTY RECORDER J. DAVID NAVARRO
BOISE IDAHO 06/24/10 02:48 PM
DEPUTY Vicki Allen
RECORDED - REQUEST OF
City of Eagle
AMOUNT .00
5
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110058430
ORDINANCE NO. 642
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 SA][D 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 c:orporation 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" of this ordinance has requested, in writing, a rezone from RUT to A-R-
DA; and
WHEREAS, the property described in Exhibit "A" is located at 6344 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 August 5, 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 October 13,2009, 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 ofldaho
Code, Eagle City Code and the Eagle Comprehensive: Plan and should be granted.
Page 1 of3
K:\COUNCIL\Draft Ordinances\Ord 642 Sulik. 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 OrdinanceslOrd 642 Sulik.doc
DATED this 13th day of April 2010.
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ATTEST:
Sharon K. Bergmann, Eagle C y Clerk
STATE OF IDAHO)
: ss.
County of Ada )
On this dO day of ,Apt; / , in the yeardlJJ{) " be~ore me, the undersigned, a
Notary Public in and for said State, personally appeared fiJl'chtlf'/ J-Ilt/l:tlff7"'- and
SVlaV1Jn k. l3ea!manfl , known to me to be the COUNCIL PRESIDENT/ACTING
MA YOR and crrY CLERK of SaId mUnIcIpal corporatIOn that executed thIS lllstrument 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. a ~
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Page 3 of3
K:ICOUNCILIDraft OrdinanceslOrd 642 Sulik,doc
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Page 1 of 1
r ---"- RECEIVED & FILED
, CITY OF EAGLE
TRELAND GROUP, INC.
JUN t 8 2009
June 16,2009
Project No. 109029
Legal Description
Sulik Subdivision
10.01 Acres
File:
Route to:
EXHIBIT "A"
A tract of land being the West One Half of the West One Half of the Southwest One Quarter of the
Southwest One Quarter of Section 35, Township 5 North, Range 1 West, Boise Meridian, City of
Eagle, Ada County, Idaho, described as follows:
Commencing at a found brass cap monumenting the Southwest Corner of said Section 35 which
bears South 89013'53" East a distance of 2,643.34 feet from a found brass cap monumenting the
South One Quarter Corner of said Section 35 and being the POINT OF BEGINNING.
Thence following the westerly line of the Southwest One Quarter of said Section 35,
North 0041'47" East a distance of 1,320.20 feet to a found 5/8-inch steel pin monumenting
the Northwest Corner of the Southwest One Quarter of the Southwest One Quarter of said
Section 35;
Thence leaving said westerly line and following the northerly line of said Southwest One
Quarter of the Southwest One Quarter, South 89010'25" East a distance of 330.22 feet to a
found 5/8-inch steel pin monumenting the Northeast Corner of the West One Half of the
West One Half of the Southwest One Quarter of the Southwest One Quarter of said Section
35;
Thence leaving said northerly line and following the easterly line of the said West One Half
of the West One Half of the Southwest One Quarter of the Southwest One Quarter,
South 0041'23" West a distance of 1,319.87 feet to a found 5/8-inch steel pin monumenting
the Southeast corner of the said West One Half of the West One Half of the Southwest One
Quarter of the Southwest One Quarter;
Thence leaving said easterly line and following the southerly line of the Southwest One
Quarter of said Section 35, North 89013'53" West a distance of 330.38 feet to the POINT OF
BEGINNING.
The above-described tract of land contains 10.01 acres, more or less, subject to all existing
easements and rights-of-way.
,
Prepared By: THE LAND GROUP, INC.
462 E. SHORE DRIVE, SUITE 100
EAGLE, IDAHO 83616
208-939-4041
208-939-4445 (FAX)
Site Planning - Landscape Architecture - Civil Engineering - Golf Course Irrigation & Enqineering .. Graphic Communication _ Surveying
462 L Shore Drive, Ste, 100, Eagle, Idaho 83616 .. P 208.939.4041 F 208,939.4445 .. www.thelandgroupinc.com
g:\2009\109029\admin\legals\1 090616 sulik subdivision 109029,doc
10.
,
VICINI
EXHIBIT "B"
f~1f~"; t ;l::f~'
RUT
RUT
2000
i
o
2000 Feet
I
CityLimits D
D ADA COUNTY Areas of City Impact
D BOISE D
D Airport Influence Areas
EAGLE
Cd GARDEN CITY N Rivers and Canals
[ZJ KUNA .,
'D
D Zoning
MERIDIAN
D STAR N Streets
M' AnEIVEO &'::ILED
r'TY OF EAGLE
RUT
RUT
/
\
'-
ADA COUNTY DEVELOPMENT SERVICES
200 W Front Street
Boise, 10 83702
N 208-287 -7900
E
s
This map is made from data copyrighted by Ada County.
Ada County shall not be liable for inaccuracies or
misuse of this map. Maps bearing this disclaimer may
be photocopied freely. However, use in any digital form
requires written permission of Ada County,
Valley Times
P.O. Box 1790 - Eagle, Idaho 83616
LEGAL ADVERTISING PROOF OF PUBLICATION
Account
Address: (p/'i(')
Identification:
RECEIVED & FILED
CITY OF EAGLE
MAY 032
File.
Route tr•
A (L L
RunD x_26 (v
ORDINANCE NO. 6ax
ANNEXING CERTAIN REAL PROPERTY SITUATED IN THE
ADA COUNTY, AND CONTIGUOUS TO THE
AN ORDINANCE EDREA OF IDAHO' CITY OF IDAHO;
CORPORATE
UNINCORPORATED OF THE C1TY OF EAGLE, TO THE PROPERTY EAGLE, IDABO
CC�NGII THE TRANSIIION)TOA (AG.�ZONIIiG
ZONING CLASSIFICATION OF SAID
REAL ESCRIBED
RUT (RURAL -URBAN
RIDS WITH ADEVEL MENT AGREEMENT); DIRECTING THAT
MAP OF THE CITY OF EAGLE TO REFLECT SAID
COPIES OF THIS ORDINANCEBE FILED AS PROVIDED BY LAW; AND PROVIDING
f, and has been uninterruptedly
�FFFECrIVEDATE °no�a„i�d�dOp 'ns`°` `es: said County during a period of
waERE
IG Idaho ut . need teal cex to
rate within the boundaries. Ag the City of Eng authorized to acaa�t or and Sante 50:
0 Z22. I�hO COQ' and a utive weeks prior to the first and
23
Amount t Z Z b' S t,
. son, being duly sworn, deposes
That he is the Principal Clerk of
weekly newspaper published at
ity, State of Idaho; that the said
en general circulation in the said
1, and in the vicinity of Meridian,
the laws of the State of Idaho is
� �p� in me ,matutec provided �' County , a copy of which is attached
L. 5, C.' , s)
of said real WHEREAS, theo w t situated within tine City °f Eaglfmpxv�l' A -'tire issue of said paper, and
owner of the real has requested, in writing, a rezoner ,�. e , ., . . c r, 8nd not in a
of the City o ntiguous situated rated area of Ada
in the unincorporated in writing, vexation
WHEREAS, theme �b� prof this o�°� � requested, f � for
int the notice was published in
ulformity with Section 60-108i,
and id ren particularly the City of Eagle; and
time
described in Exhibit "A" of this ordinance at Said notice was published
DA; and west Beacon Light Road; on the following dates:
at 6344
'WHEREAS, the property
described in Exhibit "A is located l Z C. / Z_e1 i
and t to public notice as
WHEREAS, the Planning and Zoning Commission of the 2009, as required Section 6notice , Idah°
blit heating on i1 and
2
required o by law, held a public and Council; /� ( Z (, �j r
Code, and made a recommendation to the Mayon aired � law, held a public +'
WHEREAS, the Eagle City Council, pursuant to pubiic notice as req for the real held tY
sed annexation and zoning teal
property
and r -T1
heating on October 13, 2009, o d by Section 67-6525that a made ndingsng ication of A , ► +�
described in fixation should be grantedn ate m �e reheats diddle
R -DA fo �that the property d�n.�d in Exhibit "piffi and need b granted. STATE OF IDAHO )
Code, Eagle City Code and the Eagle ComprehensiveMAYOR AND COUNCIL OF TELE CITY
)SS
COUNTY OF ADA 1
Now, THEREFORE, ORDAINED BY THE O, as follows:
cu�y in the year of 20 f (I
OF EAGLE, IDAHO, declares that thereat p1Oi mous to Ublic, personalty appeared
Council hereby finds and u
Section l The Eagle City rated herrn by reference> development e i to me to be the person
Flthat a property Fhb hereto
lyyl assumed to be use for die orderl ort thereof w the
described n �� in waiting, annexati
"to the within instrument,
the City, and that lite owner of said property has requested, declared that the
the City, I i;knowted ed to me that
City.
adjacent and contiguous to the it g
' bit porated territorial limits of the
all situated in Ada County, Idaho, a I ,8,. cached here
-2: The herein
abed f Exhibit "A" and as generally
City, d incl particularly reference, is hereby annexed to rite
to and included.herein by
City of Eagle, Idaho. particularly
that the real prop*
by finds and determines and
g. The Exhibit
A" an hereby as shown on F..x1ubit "B". attached •reton) inning
S in Exhie ie enc and generally
from the RUT (Rural-UrbanTransits
described fated by reference, be rem Residential with a development
incorporated to the A -R DA (Agricultural -Residential t City of Ender. The
agreement)
classification included pursuant to the Zoning Otl'inan with the Eagle
CatyCouncil fagot classification
nd and determines said zone change is in accordance
Comprehensive Plan and relevant
he executed the same.
Notary Public for Idaho
Residing at Boise, ID
*es:
STATE TAX COMMISSION
800 Park Blvd., Plaza IV • Boise, ID • 83722
September 7, 2010
Sharon Bergmann
Eagle City Clerk
P O Box 1520
Eagle, ID 83616
Subject: Ordinance No. 642 EAGLE (CITY)
Dear Ms. Bergmann:
RECEIVED & FILED
CITY OF EAGLE
SEP 0 8 2010
FNe•
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 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 ais@tax.idaho.gov 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 httn://tax.idaho.aov/i-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