Ordinance - 2010 - 649 - Annex/Rezone Albertsons - 11/23/2010
ADA COUNTY RECORDER J. DAVID NAVARRO
BOISE IDAHO 11/24/10 01:42 PM
DEPUTY Vicki Allen
RECORDED - REQUEST OF
Eagle Clly
AMOUNT .00
6
1111111111111111111111111111111111111
110110846
ORDINANCE NO. 649
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 DESCRffiED
HEREIN FROM RUT (RURAL-URBAN TRANSITION) TO CBD-DA (CENTRAL
BUSINESS DISTRICT 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 CBD-
DA; and
WHEREAS, the property described in Exhibit "A" is located at 460 South Eagle Road; and
WHEREAS, the Planning and Zoning Commission of the City, pursuant to public notice as
required by law, held a public hearing 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 the proposed annexation and zoning for the real property described in Exhibit "A" and
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 CBD-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; and
WHEREAS, the Eagle City Council adopted Ordinance No. 165 on June 12, 1990, which
included an error in the legal description that omitted the real property particularly described in
Exhibit "A", thus leaving an enclave parcel that was intended to be annexed into the City of
Eagle and a zoning classification provided
Page I of 3
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
hereto 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, is hereby removed from the RUT (Rural-Urban Transition) zoning
classification and is hereby included in the CBD-DA (Central Business District with a
development agreement) zoning classification all 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 and that the Zoning Map of the City is
hereby amended to include the real property described in Exhibit "A" in the CBD-DA zoning
district.
Section 4: 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 5: 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 63-215,
Idaho Code, with regard to the preparation and filing of a map and legal description of the real
property annexed by this Ordinance.
Section 6: 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 of 3
K:\COUNCILIDraft Ordinances\Ord 649 Eagle Rd-SH44 enclave,doc
DATED this 23rd day of November 2010.
CITY COUNCIL OF THE CITY OF EAGLE
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STATE OF IDAHO)
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County of Ada )
On this 2~ay of ~~--~ , in the year "'20\~, before~, the undersigned, a
Not.a(y Public in and for said State, personally appeared 3c-.rr'\-5 W'~ nt:,05 and
\ V'~ 8 Osbov-f"\ ,known to me to be the MAYOR and CITY CLERK of said
municipal c~rporation 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.
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Page 3 of 3
K:\COUNCILIDraft Ordinances\Ord 649 Eagle Rd,SH44 enclave.doc
EXHIBIT "A"
PROPERTY DESCRIPTION
OF THE
ALBERTSONS PARCEL, EAGLE, IDAHO
A parcel of land located in the NW 1/4 of the NW 1/4 of Section 16, Township 4 North, Range 1
East, Boise Meridian, Ada County, Idaho, more particularly described as follows:
Commencing at the Northwest Comer of said Section 16, which is an aluminum monument;
Thence South 890 52' 48" East 65.00 feet along the North line of the NW1/4 NW 1/4 to an
aluminum cap right of way monument on the easterly right of S. Eagle Road also know as State
Highway 55;
Thence South 000 38' 25" West 65.00 feet along the said easterly right of way of State
Highway 55 to the REAL POINT OF BEGINNING:
Thence South 890 52' 48" East 107.67 feet to a point;
Thence South 00055' 47" West 85.01 feet parallel with the west line of the NW 1/4 NW 1/4
to a point;
Thence North 890 52' 48" West 107.24 feet to a point on the easterly right of State
Highway 55;
Thence North 000 38' 25" East 85.00 feet along the easterly right of State Highway 55 to
the POINT OF BEGINNING.
Said parcel containing 0.21 acres, more or less.
AlbertllOnBEagla.doc
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Vicinity Map: 460 S. Eagle Road
North
for' he People of IdWio
STATE TAX COMMISSION
800 Park Blvd., Plaza IV • Boise, ID • 83722
December 23, 2010
Sharon Bergmann
Eagle City Clerk
P O Box 1520
Eagle, ID 83616
Subject: Ordinance No. 649 EAGLE (CITY)
Dear Ms. Bergmann:
RECEIVED & FILED
CITY OF EAGLE
DEC 2 7 2010
File:
Route to• r
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 a is(a.tax.idaho. ov 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 hat) ://tax.idaho.eovli-1069.cfm
Sincerely,
Craig Johnson
GIS Analyst
Technical Support Bureau
Idaho State Tax Commission
Equal Opportunity Employer
Hearine Impaired Callers TDD 1-800-377-3529
Valley Times
P.O. Box 1790 - Eagle, Idaho 83616
LEGAL ADVERTISING PROOF OF PUBLICATION
Account
Address:
Attention:
(t(to t . C,' v i
C, _TO YitilL
61
Legal Notices
Run Dates:
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Frank Thomasc
and says: Tl
RECEIVED & FILED
CITY OF EAG
DEC 0 3
Filer
Route to
ley
4110,10
NII. OF THE CITY
ORDINANCE NO. 649 (1 - 2 q o I O
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 TRANSB1ON) TO CBD -DA (CENTRAL
BUSINESS DISTRICT 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 onized 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 CBD -
DA; and
WHEREAS, the property described in Exhibit "A" is located at 460 South Eagle Road; and
WHEREAS, the Planning and Zoning Commission of the City, pursuant to public notice as
required by law, held a public hearing 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 the proposed annexation and zoning for the real property described in Exhibit "A" and
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 CBD -DA for the property
described in Exhibit "A" is appropriate to mea the requirements of Idaho Code, Eagle City Code
and the Eagle Comprehensive Plan and should be granted; and
WHEREAS. the Eagle City Council adopted Ordinance No. 165 on June 12, 1990, which
included an error in the legal description that omitted the real property partararlariy described in
Exhibit "A", thus leaving an enclave parcel that was intended to be annexed into the City of
Eagle and a zoning classification provided
(Ordinance 649 continued on next page, across at right) tiG
1 ply poly
enbe, is contiguous to
rderly development of
texatice thereof to the
and contiguous to the
Exhibit "B", attached
ted territorial limits of
property particularly
attached hereto and
an Transition) zaaimg
,mss District with a
Mina= of the City of
s is in accordance with
ng Map of the City is
t the CBD -DA zoning
rty and persons within
ms, resolutions, police
'passage and approval
'ie Auditor, Treasurer,
rsicn, Boise, Idaho, as
os of Section 63-215,
iescription of the real
Of
ALBERTSONS PAI
A parcel of land located in the NW 1/4 of the t'I
East, Boise Meridian. Ada County, Idaho, morel
Cortenencino at the Northwest Comer of
Thence South 89' 52' 48' East 85.00 tel
sandman cap debt of way monument on the eat
Lay 65;
Thence South 00' 38' 25' West 85.00 fa
Highway 55 to the REAL POINT OF BEGINNING
Thence South 89' S2' 48" East 107.87 fe
Thersce South DO' 55' 4r West 85.01 fel
to a pctrit
Thence North 89' 52' 48' West 107.24 ft
Highway 55;
Thence Borth 00' 38' 25" East 85.00 feel
the PONT OF BEGINNING.
Sald parcel containing 021 acres, more o
r(eslding at Boise, ID
My Commission expires: 2,1! ..1