Ordinance - 2010 - 651 - Annex/Rezone Wilson - 11/23/2010
ADA COUNTY RECORDER J. DAVID NAVARRO
BOISE IDAHO 11/24/10 01:42 PM
DEPUTY Vicki Allen
RECORDED - REQUEST OF
Eag Ie Ci ly
AMOUNT .00
6
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110110848
ORDINANCE NO. 651
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 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 numbers S0424346750, S0424314800 and R2910711100; 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:\COUNCIL\Draft Ordinances\Ord 651 Wilson. 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, 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:\COUNCIL\Draft Ordinances\Ord 651 Wilson. doc
DATED this 23rd day of November 2010.
CITY COUNCIL OF THE CITY OF EAGLE
A9a County, Idaho /)
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James D. Reynolds, ay'
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STATE OF IDAHO)
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County of Ada )
On this L-~ay of NO\.J-e...-~ , in the year ""20' C) , before me the undersigned, a
Notary Public in and for said State, personally appeared :::s~ \J . ~f\.O~ and
~ ~ b. (9 S Ucr-<',,\ , known to me to be the MAYOR and CITY CLERK of said
municipal c6rporation 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 of3
K:\COUNCIL\Draft Ordinances\Ord 651 Wilson.doc
EXHlBI T "A"
RECEIVED & FilED
CITY OF EAGLE
OCT 3 0 2008
FOX Land Surveysl Inc.
1515 South Shoshone St. ~ Boise Idaho .183705 .1208-342-7957 .1 208-342-7437 FAX
File:
Route to:
ANNEXATION DESCRIPTION
THE EAST % OF THE SOUTHWEST 1f.. OF SECTION 24 AND LOT 1, BLOCK 2, FOXTAIL
SUBDIVISION AND ADJACENT RIGHTS~F-WAY, WITHIN A PORTION OF THE SOUTHWEST % OF
THE SOUTHEAST % OF SECTION 24, TOWNSHIP 4 NORTH, RANGE 1 WEST,
BOISE MERIDIAN, ADA COUNTY, IDAHO
The East % of the Southwest % of Section 24 and Lot 1, Block 2, Foxtail Subdivision
and adjacent Rights-of-Way, within a portion of the Southwest % of the Southeast % of
Section 24, Township 4 North, Range 1 West, Boise Meridian, Ada County, Idaho;
more particularly described as follows;
Commencing at the found Aluminum Cap Monument marking the Southwest corner of
Section 24, from which the found 5/8 inch rebar with plastic cap stamped "CSC PLS 5082"
marking the South % corner thereof bears South 89022'30" East, a distance of 2,669.54
feet;
A. thence along the southerly boundary of Section 24, South 89022'30" East, a
distance of 1334.77 feet to the West 1/16th Corner common to Sections 24 and 25,
the TRUE POINT OF BEGINNING;
B. thence along the West 1/16th line of Section 24 (also being the easterly boundary of
Bodily and Bunderson Springs Subdivision No.2), North 00044'04" East, a distance
of 2651.62 feet to the Center-West 1/16th Corner of said Section;
C. thence along the East-West Center line of Section 24 (also being the boundaries of
Bodily and Bunderson Springs Subdivision No. 2 and Winward River Heights
Subdivision), South 89034'04" East, a distance of 1332.07 feet to a found Aluminum
Cap Monument marking the Center corner thereof;
D. thence along the North-South Center line of Section 24 South 00040'33" West, a
distance of 1982.43 feet to the northwesterly corner of Lot 1, Block 2 of Foxtail
Subdivision;
E thence along the common boundary of Lots 1 and 2 and the easterly prolongation
thereof, South 89037'12" East, a distance of 369.38 feet to its intersection with the
Center line of North Fox Run Avenue;
F. thence along said Center line, South 00040'43" West, a distance of673.67 feetto its
intersection with the Southerly boundary of Section 24, from which a found 5/8 inch
rebar with plastic cap stamped "CSC PLS 5082" bears North 00040'43" East, a
distance of 40.00 feet;
G. thence along said boundary, North 89037'12" West, a distance of 369.35 feet to a
found 5/8 inch rebar with plastic cap stamped "CSC PLS 5082" marking the South
% corner of Section 24;
H. thence continuing along the Southerly boundary of Section 24, North 89022'30"
West, a distance of 1334.77 feet to the TRUE POINT OF BEGINNING.
Containing 3,787,500 square feet (86.949 acres) more or less.
Subject to existing easements and rights-of-way as any may exist, of record or not of
record.
Refer to the attached sketch.
END OF DESCRIPTION
Fox Land Surveys, Inc.
Timothy J. Fox, President, PLS 7612
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IX)
RECEIVED & FILED
CITY OF EAGLE
DEC; U3 2010
Valley Times
$3616 Flle: _
P.O. Box 179f3-�9 Idaho Route to:
LEGAL ADVERTISING PROOF OF PUBLICATION
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Account � ( Ll
Address:
Ii o � v, Run Dates:
?s. t, 6, IrZ`Eci 4 0
November 29,2010 - e Amount
Legal Notices
THE Bier%OF Tyvom,deposes
ORDINANCE NO.651 =ncipal Clerk of
er published at
AN ORDINANCE ANNEXING CERTAIN REAL PROPERTY SITUATED IN THE o; that the said
UNINCORPORATED AREA OF ADA COUNTY,IDAHO, AND CONTIGUOUS TO THE The East%°Brim in the said
CORPORATE LIMITS OF THE CITY OF EAGLE, TO THE CITY OF EAGLE, IDAHO; and ad aoent
CHANGING THE ZONING CLASSIFICATION OF SAID REAL PROPERTY DESCRIBED Section 24,Townshiplity of Meridian,
HEREIN FROM RUT(RURAL-URBAN TRANSITION)TO MU-DA(MIXED USE WITH A more particularly des+uninterruptedly
DEVELOPMENT AGREEMENT); AMENDING THE ZONING MAP OF THE CITY OF
EAGLE TO REFLECT SAID CHANGE;DIRECTING THAT COPIES OF THIS ORDINANCE Commencing at
the}nn9 a Pend of
BE FILED AS PROVIDED BY LAW;AND PROVIDING AN EFFECTIVE DATE, Section 24,from wide prior to the first
marking the South 3`fhiCh is attached
WHEREAS,the City of Eagle,Idaho is a municipal corporation organized and operating under vas published in
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 A thence Wong $eCtlpn 60-108,
the TRUE of 13;`r I time(s)
WHEREAS,the owner of the real property situated in the unincorporated area of Ada County t�Tl�llE pp� paper, and
and particularly described in Exhibit"A" of this ordinance has requested,in writing,annexation `said papa
of said real property to the City of Eagle;and B' the eking per,and not in a
Body and Bur Was published
WHEREAS,the owner of-the real property situated within the City of Eagle and particularly of 26659.62 feat
following dates:
described in Exhibit"A"of this ordinance has requested,in writing,a rezone from RUT to MU- C. thence along the r �1 -L a`1 C)
DA;and Bodily and Bt
Subdivision),
WHEREAS,the property described in Exhibit"A"is identified by the Ma County Assessor's Cap Monume1
Office as parcel numbers S0424346750,S0424314800 and R2910711100;and
D. thence along I 2q 20 t
WHEREAS,the Planning And Zoning Commission of the City,pursuant to public notice as distance of 1g_rr
required by law,held a public hearing on November 16,2009,as required by Section 67-6525, Subdivision;
Idaho Code,and made a recommendation to the Mayor and Council;and
E. thence along t
WHEREAS,the Eagle City Council,pursuant to public notice as required by law,held a public thereof,South
hearing on February 23,2010,on the proposed annexation and zoning for the real property Center lee or-ATE OF IDAHO)
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 F. thanes along a
MU-DA for the property described in Exhibit"A"is appropriate to meet the requirements of AUNTY OF ADA 1
Idaho Code,Eagle City Code and the Eagle Comprehensive Plan and should be granted. intersection win the year of 2010
NOW,THEREFORE,BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE CITY rebar with plaarSOnally appeared
OF EAGLE,IDAHO,as follows: distance of 40ke to be the person
The Eagle City Council hereby finds and declares that the real property particularly G. along F within instrument,
fund
described in Exhibit"A",attached hereto and incorporated inchl, declared that the
rporated herein by reference,is contiguous to %comer�
the City,that said property can be reasonably assumed to be used for the orderly development of dged to me that
the City,and that the owner of said property has requested,in writing,annexation thereof to the H. thence eontittexecuted the same.
City. West,a distar
z: The real property,all situated in Ada County,Idaho,adjacent and contiguous to the Containing 3,787,50t y Public for Idaho
City,particularly described in Exhibit"A"and as generally shown on Exhibit`B",attached hate eliding at Boise, I D
to and included herein by reference,is hereby annexed to the incorporated territorial limits of the subject to existing - 1 I r
City of Eagle,Idaho.
_ record. I
Section 3: The City Council hereby finds and determines that the real property particularly Refer to the attacder
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 Fox Land Surveys,It
classification and is hereby included in the MU-DA(Wised Use with a development agreement) Timothy J.Fox,Pres
zoning classification all pursuant to the Zoning Ordinance of the City of Eagle. The City Council
For die People of Idako
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. 651 EAGLE (CITY)
Dear Ms. Bergmann:
RECEIVED & FILED
CITY OF EAGLE
DEC 2 7 2010
File:
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 giatax.idaho.t 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 httr':i•tax.idaho.izovli-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