Ordinance - 2010 - 652 - Annex/Rezone Eisenberg - 11/23/2010
ADA COUNTY RECORDER J. DAVID NAVARRO
IOISE IDAHO 11/24/10 01:42 PM
DEPUTY Vicki Allen
RECORDED - REQUEST OF
Eag Ie CI IV
AMOUNT .00
6
1111111111111111111111111111111111111
110110849
ORDINANCE NO. 652
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 C-3-DA (HIGHWAY BUSINESS
DISTRICT WITH A DEVELOPMENT AGREEMENT); AMENDING THE ZONING MAP OF
THE CITY OF EAGLE TO REFLECT SAID CHANGE; DIRECTING TRA T COPIES OF
THIS ORDINANCE BE FILED AS PROVIDED BY LA W; 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, and as generally shown on Exhibit
"B", 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 as generally shown on Exhibit "B", has requested, in
writing, a rezone from RUT to C-3-DA; and,
WHEREAS, the property described in Exhibit "A" is identified by the Ada County Assessor's
Office as parcel numbers Rl 006840300 and Rl 006840400; and,
WHEREAS, the Planning and Zoning Commission of the City, pursuant to public notice as
required by law, held a public hearing on July 7, 2008, 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 November 16, 2008, 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 C-
3-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 City of Eagle and the owner entered into the Pre-annexation and Development
Agreement recorded September 9, 2009 with the Ada County Recorder as Instrument No.
109105071; and,
Page 1 of3
U:\I 0 19\68 - EisenberglOrd 652 EIMP.doc
WHEREAS, the Ada County Board of Commissioners approved the preliminary plat, Ada
County application number 2010000571-S on November 10, 2010, attached hereto and
incorporated herein as Exhibit "C"; and,
WHEREAS, pursuant to Ada County Code 8-6-3, the City acknowledges that certain
development rights pursuant to the approved preliminary plat application number 2010000571-S
shall be deemed vested by virtue of Ada County's approval.
NOW, THEREFORE, BE IT ORDAINED BY THE MA YOR 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 generaUy 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 C-3-DA (Highway Business District with a
development agreement) zoning classification aU pursuant to the Zoning Ordinance of the City of
Eagle. The City Council further fmds 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 C-3-DA zoning
district.
Section 4: The City Council hereby finds and determines that the Preliminary Plat set forth in
Exhibit "C" attached hereto and incorporated by reference herein shall be deemed as vested and
is in substantial conformance with the Pre-Annexation and Development Agreement Concept
Plan and is enforceable by the City of Eagle.
Section 5: 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 6: 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
Page 2 of3
U:\1019\68 - EisenberglOrd 652 EIMP.doc
and legal description of the real property annexed by this Ordinance.
Section 7: 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.
DATED this 23rd day of November 2010.
CITY COUNCIL OF THE CITY OF EAGLE
A County, Idaho
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STATE OF IDAHO)
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County of Ada )
On this 2L.\\ 'd~y of \--Jou~<.......r- , in the year "'20\0 , befo~me the undersi.Bned, a
~ Public ~ and for said State, personally appeared ..3" ~~ \ ~ ~ V'i)~ and
\ v ~ l;2 05~TJ.. 0. 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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THE LAND GROUP, INC.
March 24, 2008
Proj ect No. 07172
Legal Description
Annexation and Rezone
40.59 Acres
Exhibit "A"
A tract ofland situated in the Southwest One Quarter of the Southwest One Quarter of
Section 24, Township 4 North, Range 1 West, Boise Meridian, Ada County, Idaho,
described as follows:
Commencing at a found brass cap monumenting the West One Quarter Corner of said
Section 24, thence following the westerly line of the Southwest One Quarter of said
Section 24, South 00047'25" West a distance of 1,323.65 feet to a point, which bears
North 00047'25" East a distance of 1,323.53 feet from a found aluminum cap
monumenting the southwest corner of said Section 24, and being the POINT OF
BEGINNING.
Thence leaving said westerly line, South 89032'03" East a distance of 1,333.47
feet to a point;
Thence South 00043'59" West a distance of 1,327.22 feet to a point on the
southerly line of the Southwest One Quarter of said Section 24;
Thence following said southerly line, North 89022 '32" West a distance of
1,334.77 feet to a found aluminum cap monumenting the Southwest corner of said
Section 24;
Thence following the westerly line ofthe Southwest One Quarter of said Section
24, North 00047'25" East a distance of 1,323.53 feet to the POINT OF
BEGINNING.
The above-described tract of land contains 40.59 acres, more or less, subject to all
existing easements and rights-of-way
,
9
Prepared By: THE LAND GROUP, lNe.
462 E. SHORE DRIVE, SUITE 100
EAGLE, IDAHO 83616
208-939-4041
208-939-4445 (FAX)
LlIIdscnjJ8 ArchiI,dlllY . S iI, PltJnnil1l, . Civil Enunuring . Go! CoUI".U IrrigatioJ/ & Ellfine8liJIJ . Gmpbic ComlIJunictJt1ol/
462 E. Shore Drive, See. 100, Eagle. Idaho 83616. P 208.939.4041 F 208.939,4445. www tbclandg,:ouplllc.com
G: \2007\07172\Admin \Legals \L_07172_0B0324_Eisenburg....Annex_Re-zone.doc
POINT OF OOMltlEHcatENT
W 1/4 CORN
SEC1IOH 24 .
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Situated in the SW 1/4 of the SW 1/4 of Section 24,
Township 4 North, Range 1 West, 8.M.,
Ada County, Idaho
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LOT 23
EELLS MA lTIlEW D
6910 N UNDER RD
PARCEL No, 50424325802
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BUNDERSON HAROLD R
N UNDER em
PARCEL No, 1l100684C1220
S88"32"On:
LOT 24
BODILY AND BUNDBRSON SPRINGS
SUBDIVISION No. 2 BLOCK 1
PARCEL No. Rl006840300
LAZYPLP
1240 W CHINDEN BLVD
40.59 ACt
WILSON PROPI:"RlU5 I. P
990 W CHINDEN BLVD
PARCEL No. 50424346600
LO'T 25
BODILY AND BUNDERSON SPRINGS
SUBDIVISION No.2 BLOCK 1
PARCRL No. R1OO6l!40400
SW CORNER
S[C11QN 24
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ON 24
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Legend
-0- BRASS CAP
S AWUINUI.4 CAP
· 5/8- STEEL PIN
& CALCULATED POINT
BOUNDARY UNE
ADJOINING PROPERTY UNE
- . . - . . - RIGHT-Of-WAY UNE
- - - - SECTION UNE
- - - - LOTUNE
ENGINEER/SURVEYOR
PROJECT INFORMATION
SCALE: 1" = 300'
EXHIBIT "B"
Annexation and Rezone
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PROJECT NO. 07172
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RE�:E1/LCJ&Fil�_� .
CITY OF EAGLE
DEC, a 201D
Valley Times File: �l
P.O. Box 1790-Eagle, Idaho 83616 Route to ----- If
LEGAL ADVERTISING PROOF OF PUBLICATION
Account 4f tai - Identification: OR-(1-A-'
Il.- ►'t r'L�_ N 0 . t0 S 2.
Address: (16 O . Cl V, C, `a Ile- Run Dates: 1 Z- 2 0 I V
Ealu I TO T5.
wr
Number Lines 2_4 8 Amount 23i,o� p 5
Attention: Other 'x 3 La
Frank Thomason, being duly sirloin, deposes Z ' :-P . ^,,k....---+�vs:That he is the Principal Clerk of X i O. 00
nPCemher 20.201 trspaper published at
ORDINANCE NO.652 If Idaho; that the said 210 ,(0 O
,mlation in the said C . 0
AN ORDINANCE ANNEXING CERTAIN REAL PROPERTY SITUATED IN THE vicinity of Meridian, 2
UNINCORPORATED AREA OF ADA COUNTY,IDAHO,AND CONTIGUOUS TO THE and legal descripticF Unintefru ted �'
CORPORATE LIMITS OF THE CITY OF EAGLE, TO THE CITY OF EAGLE,IDAHO; p ly
CHANGING THE ZONING CLASSIFICATION OF SAID REAL PROPERTY DESCRIBED Section 7: This *y during a period of 50
'v
L HEREIN FROM RUT(RURAL-URBAN TRANSITION)TO C-3-DA(HIGHWAY BUSINESS and publication as prior to the first
DISTRICT WITH A DEVELOPMENT AGREEMENT);AMENDING THE ZONING MAP OF thereof in compl' 0f which is attached
THE CITY OF EAGLE TO REFLECT SAID CHANGE; DIRECTING THAT COPIES OF
THIS ORDINANCE BE FILED AS PROVIDED BY LAW; AND PROVIDING AN DATED this 23rd ce was published in
EFFECTIVE DATE, vith Section 60-108,
CITY COUNCIL O-.. for times)
WHEREAS,the City of Eagle,Idaho is a tnimicipal corporation organized and operatittg under A County,Idaho '
the laws of the State of[halm and is authorised to annex to and irroorpasate within the botnrdaries 1'of said paper, and
L of the City contiguous real property in the manner provided by Section 50-222,Idaho Code;and, ' proper,and not in a
WHEREAS,the owner of the real corporsted area of Ada County s D.Reynolds) was published
i property situated in the umia
and particularly described in Exhibit"A"of this ordinance,and as generally shown on Exhibit the following dates:
"B",has requested,in writing,annexation of said real property to the City of Eagle;and, , ' ST: I',h rI 20 1 �)1 U
I WHEREAS,the owner of the real property situated within the City of Eagle and particularly If / .. ■ .I
I described in Exhibit"A"of this ordinance as generally shown on Exhibit"B",has requested,in Sharon ,r;.,.2,:,
writing,a rezone from RUT to C-3-DA;and,
k-,.(k-,.( aD -212)1-212)1 z WHEREAS,the property described in Exhibit"A"is identified by the Ada County Assessor's C I
P
Office as parcel numbers R1006840300 and 81006840400;and, STATE OF IDAHO
17. WHEREAS,the Planning and Zoning Commission of the City,pursuant to public notice as County of Ada
required by law,held a public hearing on July 7,2008,as required by Section 67-6525,Idaho
3 Code,and made a recommendation to the Mayor and Council;and, On this 2.1-4#1y, STATE OF IDAHO )
1 ris_v,Public in an )SS
WHEREAS,the Eagle City Council,pursuant to public notice as required by law,held a public %v-`"--1 l_
1 hearing on November 16,2008, on the proposed annexation and zoning for the real property municialcorpora C BOUNTY OF ADA 1
' described in Exhibit"A",and as required by Section 67-6525,Idaho Code,made findings and instrument on behalf .m 1114+year of 20.1Q
1 determined that the requested annexation should be granted and that a zoning classification of C- the same. iersonally appeareo
3-DA for the property described in Exhibit"A"is appropriate to meet the requirements of Idaho to be the person
Code,Eagle City Code and the Eagle Comprehensive Plan and should be granted;and, In witness whereof,
first written. e Within instrument,
IWHEREAS,the City of Eagle and the owner entered into the Pre-annexation and Development �7r�,��d�edafed that the
Agreement recorded September 9, 2009 with the Ada County Recorder as instrument No. fTMr 9ed to me that
109105071;and,
WHEREAS, the Ada Co :Si executed the same.
County Board of Commissioners approved the preliminary plat, Ada _ l
County application number 2010000571-S on November 10, 2010, attached hereto and Public for Idaho
incorporated herein as Exhibit"C";and
-. k's,7esid' , ID
My Commission expires: s 1
IDAHOPO Box 36 • Boise ID 83722-0410
Tax Commission 800 Park Blvd., Plaza IV • Boise ID 83712-7742
RECEIIVEO 8,FILE()
CITY OF EAGLE
January 21, 2011 JAN 7 2011
Route to:
Sharon Bergmann
Eagle City Clerk
P O Box 1520
Eagle, ID 83616
Subject: Ordinance No. 652 EAGLE (CITY)
Dear Ms. Bergmann:
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 gis @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 http://tax.idaho.gov/i-1069.cfm
Sincerely,
Craig Johnson
GIS Analyst
Technical Support Bureau
Idaho State Tax Commission t'eb
0,10
Equal Opportunity Employer •tax.idaho.gov • Hearing Impaired TDD(800)377-3529