Ordinance - 2010 - 613 - Annex/Rezone Harris - 01/13/2010
ADA COUNTY RECORDER J. DAVID NAVARRO AMOUNT .00 5
BOISE IDAHO 01/28/10 11:48 AM
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City 01 Eagle 110008344
ORDINANCE NO. 613
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-E-DA (RESIDENTIAL _
ESTATES 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 ofthe State ofIdaho 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 unincorporated area of Ada County
and particularly described in Exhibit "A" ofthis 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-E-
DA;and
WHEREAS, the property described in Exhibit "A" is located at 1628 North Meridian Road; and
WHEREAS, the Planning and Zoning Commission ofthe City, pursuant to public notice as
required by law, held a public hearing on June 1, 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-E-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:\C'OUNC'I LID ra ft Ordinances\Ord 613 Harris.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-E-DA (Residential- Estates 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-E-DA
(Residential - Estates 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 ofthis 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
ofthis Ordinance, a certified copy ofthis 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 ofa 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 ofpublication ofthe entire ordinance, a summary
thereof in compliance with Section 50-901A, Idaho Code, maybe published.
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K:\C'OUNC'ILIDraft Ordinances\Ord 6] 3 Harris.doc
DATED this 12th day ofJanuary 2010.
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STATE OF IDAHO)
County of Ada )
On this 13- day of \. b I?ti tl'::fs ' in the yearc(olO , be ore me, the undersigned, a
Notary Public in and for said State, p sonallyappeared /' and
~rD"\ K. 'Be~yW.lnr} , known to me to be the MAYOR and CIT CLERK of said
municipal corpor Ion that executed this mstrument and the persons who executed the saId
instrument on behalf of said corporation, and acknowledged to me that such corporation executed
the same.
written.
In witness whereof, I have hereunto set my hand and affixed my official seal the day and year first
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EXHIBIT "A"
GPS, BOUNDARY,
RAPHIC AND A.L.T.A.
SURVEYS
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1121 E. State Street · Suite 185 · Eagle, Idaho 83616 · office: 1-288-939-7373 . fax: 1-288-939-7321
Job No. 06305
J.B.F.
9-22-09
BOUNDARY DESCRIPTION
FOR
TERRY HARRIS
Overall
Part of the Southwest 1/4 of the Southwest 1/4 of Section 6, Township 4 North, Range 1
East ofthe Boise Meridian, Ada County, Idaho described as:
Commencing at the Southwest comer of Section 6, Township 4 North, Range 1 East of
the Boise Meridian, Ada County, Idaho and running thence NOoo25'19"W 953.09 feet
along the West line of said Section to the Point of Beginning; thence NOoo25' 19"W
346,10 feet along said West line; thence N88002'41"E 842.94 feet; thence S33054'OI"W
426,63 feet to a found 1" Iron Pipe; thence S88001 '38"W 602,32 feet to a point on the
West line of said Section marking the point of beginning.
Parcel contains 5.74 acres and is subject to a county road prescriptive right-of-way
easement.
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On f0 Wit 11a't -t-o reccxot
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Tracy Osborn
From: Tracy Osborn
Sent: Thursday, January 14, 2010 10:32 AM
To: Valley Times (editor@valleytimesidaho.com)
Subject: Ordinance 613
Attachments: Ordinance 613.PDF
Please publish the attached ordinance one time only on January 18, 2009 with a note stating "Exhibit B is
available for review at Eagle City Hall (660 E. Civic Ln. Eagle, Idaho) during regular business hours."
Thank you!
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 am - 6:00 p.m. Closed on Fridays**
1
For ?lie People of Idaho
STATE TAX COMMISSION
800 Park Blvd., Plaza IV • Boise, ID • 83722
June 1, 2010
Sharon Bergmann
Eagle City Clerk
P O Box 1520
Eagle, ID 83616
Subject: Ordinance No. 613 EAGLE (CITY)
Dear Ms. Bergmann:
RECEIVED & FILED
CITY OF EAGLE
JUN 072010
File:
Route 1o•
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 (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
git,11°
/J64 by-,
int& 6ailia,Av
Equal Opportunity Employer
Hearing Impaired Callers TDD 1-800-377-3529