Ordinance - 2010 - 650 - Annex/Rezone Smith - 11/23/2010
ADA COUNTY RECORDER J. DAVID NAVARRO
BOISE IDAHO 11/24/10 01:42 PM
DEPUTY Vicki Allen
RECORDED-REQUEST OF
Eagle Cily
AMOUNT .00
7
11I1111111111111111111111111111111111
110110847
ORDINANCE NO. 650
AN ORDINANCE ANNEXING CERTAIN REAL PROPERTY SITUATED IN THE
UNINCORPORA TED 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 MU-DA (MIXED USE 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 MU-
DA; and
WHEREAS, the property described in Exhibit "A" is identified by the Ada County Assessor's
Office as parcel number S0424417200; and
WHEREAS, the Planning and Zoning Commission of the City, pursuant to public notice as
required by law, held a public hearing on November 16, 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 February 23, 2010, 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
MU-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:ICOUNCILIDraft Ordinance,lOrd 650 Smith.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
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 MU-DA (Mixed Use 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 MU-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 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 of3
K:ICOUNCILIDraft Ordinance,lOrd 650 Smith.doc
DATED this 23rd day of November 2010.
CITY COUNCIL OF THE CITY OF EAGLE
Ada Co nty, Idaho
STATE OF IDAHO)
: ss.
County of Ada )
On this Z.4~ay of \--Jo...J~",-~ , in the year Lo{u, before me, the undersigned, a
Notary Public in and for said State, personally appeared -::S... - JI. \:S . ~r0I....ct-~ and
\~ e:- O..s'oD..1\ , known to me to be the MAYOR and CITY CLERK of said
municipal'corporation 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.
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In witness whereof, I have hereunto set my hand and affixed my official seal the day and year
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Page 3 of3
K:ICOUNCILIDraft Ordinance,lOrd 650 Smith. doc
Engineering North West, LLC
10221 W. Emerald, Suite 140 Boise, Idaho 83704
(208) 376-5000 . Fax (208) 376-5556
Project No. 06-050-01
EXHIBIT "A"
Date: April 27, 2009
NORTHWEST REMAINDER PORTION
MERIDIAN ROAD AND CHINDEN BLVD. PROPERTY
ANNEXATION DESCRIPTION
A parcel of land located in the SE 1/4 of Section 24, T. 4 N., R. 1 W., B.M., Ada County,
Idaho, more particularly described as follows:
Commencing at the section corner common to Sections 19 and 30 ofT. 4 N., R. 1 E.,
B.M., and Sections 24 and 25 of said T. 4 N., R. 1 W.;
Thence North 89037'39" West, 864.25 feet on the section line common to said Sections
24 and 25 to the REAL POINT OF BEGINNING;
Thence North 00022'21" East, 402.37 feet to the northwest corner of Castle bury West
Business Park No.2, as same is shown on the Plat thereof Recorded in Book 101 of Plats at Page
13302 of Ada County Records;
Thence on the northerly boundary line of said CastIebury West Business Park No.2, and
Castlebury West Business Park No.1, as same is shown on the Plat thereof Recorded in Book 99
of Plats at Page 12755 of Ada County Records, for the following courses and distances:
Thence South 89033'32" East, 202.31 feet;
Thence North 00026'28" East, 60.00 feet;
Thence South 89033'32" East, 54.00 feet;
Thence South 00026'28" West, 15.00 feet to a point of curve;
Thence 28.27 feet on the arc of a curve to the left, said curve having a radius of 18.00
feet, a central angle of 90000'00" and a chord distance of 25.46 feet which bears
South 44033'32" East;
Thence South 89033'32" East, 92.20 feet to a point of curve;
Thence 11.72 feet on the arc of a curve to the left, said curve having a radius of 28.00
feet, a central angle of23058'45" and a chord distance of 11.63 feet which bears
North 78027'05" East to a point of reverse curve;
Thence 98.35 feet on the arc of a curve to the right, said curve having a radius of 117.50
feet, a central angle of 47057'30" and a chord distance of95.51 feet which bears
South 89033'32" East to a point ofreverse curve;
Northwest Remainder Portion Annexation Desc.doc
Page 1 of J
Thence 11.72 feet on the arc of a curve to the left, said curve having a radius of 28.00
feet, a centraL angle of23058'45" and a chord distance of 11.63 feet which bears
South 77034'09" East;
Thence South 89033'32" East, 158.83 feet to a point of curve;
Thence 30.99 feeton the arc of a curve to the left, said curve having a radius of 99.97
feet, a central angle of 17045'32" and a chord distance of 30.86 feet which bears
North 81033'42" East;
Thence North 72040'56" East, 12.71 feet to a point of curve;
Thence 18.60 feet on the arc of a curve to the right, said curve having a radius of 60.00
feet, a central angle of 17045'32" and a chord distance of 18.52 feet which bears
North 81033'42" East;
Thence South 89033 '32" East, 103.24 feet to a point of curve;
Thence 31.42 feet on the arc of a curve to the left, said curve having a radius of 20.00
feet, a central angle of 90000'00" and a chord distance of28.28 feet which bears
North 45026'28" East to the northeast most comer of said CastIebury West Business Park No.1;
Thence leaving the northerly line of said CastIebury West Business Park No.1,
South 89033'32" East, 37.00 feet to a point on the section line common to said Sections 19 and
24;
Thence North 00026'28" East, 180.17 feet on the section line common to said Sections 19
and 24;
Thence North 89034'55" West, 378.50 feet (formerly described as North 89034'08" West)
a portion of said line being on the northerly boundary line of that parcel of land shown on
Record-of-Survey Number 6157 of Ada County Records, to the southwest comer of said Record-
of-Survey Parcel;
Thence North 00026'28" East, 625.00 feet (formerly described as North 00027'15" East)
on the westerly boundary line of said Record-of-Survey Parcel to the northwest comer of said
Parcel;
Thence South 89034'55" East, 378.50 feet (formerly described as
South 89034'08" East) on the northerly boundary line of said Record-of-Survey Parcel to a point
on the section line common to said Sections 19 and 24;
Thence North 00026'28" East, 1388.90 feet (formerly described as 1388.92 feet) on the
section line common to said Sections 19 and 24 to the 1/4 section comer common to said
Sections 19 and 24;
Northwest Remainder Portion Annexation Desc.doc
Page 2 of J
Thence North 89034'50" West, 2658.84 feet (formerly described as South 89058'33"West,
2658.73 feet) on the east-west mid-section line of said Section 24, said line also being the
southerly boundary line of Amended Winward River Heights (a Subdivision), as same is shown
on the Plat thereof Recorded in Book 68 of Plats at Page 6988 of Ada County Records, to the
Center 1/4 Section comer of said Section 24;
Thence South 00040'04" West, 1435.15 feet (formerly described as South 00040'31"West,
1435.16 feet) on the north-south mid-section line of said Section 24 to the northwest comer of
Foxtail Subdivision, as same is shown on the Plat thereof Recorded in Book 73 of Plats at Page
7563 of Ada County Records;
Thence South 89032'56" East, 1304.90 feet (formerly described as 1304,70 feet) on the
northerly boundary line of said Foxtail Subdivision to the northeast comer of said Subdivision;
Thence South 00020'38" East, 1219.26 feet on the easterly boundary line of said Foxtail
Subdivision to a point on the section line common to said Sections 24 and 25;
Thence South 89037'39" East, 478.65 feet on the section line common to said Sections 24
and 25 to the real point of beginning. Said parcel contains 111.58 acres more or less.
PREPARED BY:
Engineering NorthWest, LLC
James R. Washburn, PLS
Northwest Remainder Portion Annexation Desc.doc
Page 3 of 3
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RECEIVED - FILEE OF EAGLE
DEC 0 3 2030
Valley Times
Eagle, Idaho 83616
p.O_ Box 1790-Erg File:Route to:
LEGAL ADVERTISING PROOF OF PUBLICATION
Account 4 �� Identification:
el'.n 1--r1-61.4 u---- —.
.- L 5 l
Address: L arc- E - C4''V Let Run Dates: 11 -Z_cl ��i 0
Amount
, e ._,, -- nor] c.DEIQOaJO SW)/W>?
Legal Notices NORT
MERIDIAN Ruly sworn, deposes
Air Principal Clerk of
ORDINANCZ era661 11 - 2q -ID published at
A parcel of land locate
AN ORDINANCE ANNEXING CERTAIN,REAL PROPERTY SITUATED IN THE Idaho,more particularly deaari Idaho; that the said
UNINCORPORATED AREA OF ADA Cam,IDAHO,AND CONTIGUOUS TO THE fculation in the said
CORPORATE LIMITS OF THE CITY OF EAGLE, TO THE CITY OP EAGLE,IDAHO; Coming at the sec VlCinity of Meridian,
CHANGING THE ZONING CLASSIFICATION OF SAID REAL PROPERTY DESCRIBED B.M.,and Sections 24=125,
HEREIN FROM RUT(RURAL-URBAN TRANSITION)TO MU-DA(MIXED USE WITH A teen uninterruptedly
DEVELOPMENT AGREEMENT); AMENDING THE ZONING MAP OF THE CITY OF Thence North 89°37'39�y during a period Of
EAGLE TO REFLECT SAID CHANGE;DIRECTING THAT COPIES OF THIS ORDINANCE 24 and 25 to the REAL pow" s prior to the first
BE FILED AS PROVIDED BY LAW;AND PROVIDING AN EFFECTIVE DATE. Theme North 0O"2221 Of which is attached
WHEREAS,the City of Begs,Idaho is a municipal corporation organized and operating under Huainan Part No 2,as name ice was published in
the laws of the State of Idaho and is authorized to am to and incorporate within the boundaries 13302 of Ada County Records.Vith Section 60-108,
of the City contiguous reel property in the manner provided by Sectiod 50-222,Idaho Code;and time(s)
Theca on the northerbd,for ( )
WHEREAS,the owner of the real property situated in the rminomporated area of Ada County Ca.Hebary West Business Pam of said paper, and
1 and particularly described in Exhibit"A" of this ordinance has requested,in writing,annexation of Plata at Page 12755 of Ada`Proper,and not in a
of said rata properly to the carry of Eagle;and Throne South 89°33'32 Otice was Published
' WHEREAS,the owner of the real property situated within the City of Eagle and pardwls* the following dates:
"A" in a rezone from RUT to MU- Thence North 00°26'28'
dearnbed in Exhibit A of this ordinance has requested, writing, W 29 -2.,t)b
DA;and Thence South 89°33'32' 1
WHEREAS,the property described in Exhi bit"A"is identified by the Ada County Assessor's South 00°26'28
Office as parcel number 50424417200;and Thence
WHEREAS,the Planning and Zoning Commission of the City,pursuant to public notice as
Thence 2827 feet on t t 2 4. Z—�t
required by law,held a public beating on November 16,2009,as required by Section 676525, fend,a central angle of 90°00'0
Idaho Code,and made a recommendation to the May and Council;and South 44°3392"East 4 w
WHEREAS,the Eagle City Council,puaaot to public notice as required by law,bald a public Thence South 89°33'32'
heating on February 23,2010,on the proposed annexation and zoning for th0 real property Thence 1 1.72 feeto•mSTATE OF IDAHO )
demand in Exhibit"A",and as required by Section 67-6525,Idaho Code,made findings and ° )SS
deteeatmed that the requested annexation should be granted and that a zoning classification of et,•central Ingle of 23°58'45 NTY OF ADA 1
MU-DA fir the property demand in Exhibit"A"is appropriate to meet the requirements of in the year of 20 0
Idaho Code,Eagle Code and the Eagle Plan and should be Thence 98.35 feet on the
NOW,THEREFORE,BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE CITY tbet,a central angle of 47°5T3(personally appeared
OF EAGLE,IDAHO,as isollows: South 89°3392'East to apointie to be the person
Thence 11.72 feet on theie within instrument,
jk: The Eagle City Council hereby finds and declares that the real property particularly feet,a central angle of 23°58'45m declared that the
described in Exhibit"A",attached hereto and incorporated herein by reference,is contiguous to South 77°34'09"> to me that
the City,that said property can be reasonably assumed to be used for the orderly development of owledged
the City,and that the owner of said property has requested,in writing,annexation thereof to the Thence South 89°3312"executed the Same.
City. Thence 30.99 feet on tit
2: The real property,all situated in Ada County,Idaho,adjacent and contiguous to the feet,a central angle of 17°4592tary Public for Idaho
City,particularly described in Exhibit"A"and as generally shown on Exhi bit"B",attached North 81°33'42"East; Ming at Boise, ID
hereto and included herein by reference,is hereby annexed to the incorporated territorial limits of
Thence North 72°4016"6: ) L : e d
the City of Eagle,Idaho. Thence
Ns : The City Council hereby finds and determines that the real property particularly Thence 18.60 feet on the
described in Exhibit "A" and generally as shown on Exhibit "B", attached hereto and fall,a central angle of 17°45'32
incorporated by reference,is hereby removed from the RUT(Rural-Urban Transition)zoning North 81°3342"East; _
classification and is hereby included in the MU-DA(Mixed Use with a development agreement) Thence South$9°3392"
zoning classification all pursuant to the Zoning Ordinance of the City of Eagle. The City Council
Mather finds and determines that said zone change is in accordance with the Eagle T dint on Ills
Plan and relevant City Codes and that the Zoning Man of the Cites"h _ , T hence 31.42