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Ordinance - 2020 - 823 - Annexation Of Larry Fischer - 02/25/2020ADA COUNTY RECORDER Phil McGrane 2020-025626 BOISE IDAHO Pgs=5 LISA BATT 03/03/2020 01:38 PM EAGLE CITY NO FEE 11111111111111111111111111111111111111111111111111111 00748565202000256260050057 ORDINANCE NO. 823 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 (RESDIENTIAL- ESTATES); 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, George Fischer, the owner of the real property situated in the unincorporated area of Ada County and particularly described in Exhibit "A" and shown in Exhibit `B" of this ordinance has requested, in writing, annexation of said real property to the City of Eagle; and WHEREAS, the property described in Exhibit "A" is identified by the Ada County Assessor's Office as tax parcel numbers S0505223000 and R7132900350; and WHEREAS, the property described in Exhibit "A" is located at 1275 West Beacon Light Road and 2575 North Sky View Lane; and WHEREAS, the owners of the real property situated within the City of Eagle and particularly described in Exhibit "A" and shown in Exhibit "B" of this ordinance has requested, in writing, a rezone from RUT to R -E; and WHEREAS, the Planning and Zoning Commission of the City, pursuant to public notice as required by law, held a public hearing on December 16, 2019, as required by Section 67-6525, Idaho Code, and made a recommendation to the Mayor and Council; and Page 1 of 3 KACOUNCIL\Draft Ordinances\ORD 823 Larry Fischer.doc WHEREAS, the Eagle City Council, pursuant to public notice as required by law, held a public hearing on January 28, 2020, 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 of R- E for the properties 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. 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", and shown in Exhibit `B" 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 R -E (Residential -Estates) 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 R -E 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:\COUNCIL\Draft Ordinances\ORD 823 Larry Fischer.doc DATED this 25th day of February 2020. CITY COUNCIL OF THE CITY OF EAGLE Ada County, Idaho `ks n Pierce, Mayor County of Ada 24 On this 2 95 day of , in the year 20)4, before me, the undersigned, a Notary Public in and for said State, perionally appeared JASON PIERCE, known to me to be the MAYOR 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. In witness whereof, I have hereunto set my hand and affixed my official seal the day and year first written. ELLEN M SMITH COMMISSION #25743 NOTARY PUBLIC STATE OF IDAHO— MY COMMISSION EXPIRES Notary Public n G{ G(I 1 / Residing at: M i 1e tom" `t A - My Commission Expires: -t8 " Page 3 of 3 KACOUNCILDraft Ordinances\ORD 823 Laity Fischer.doc .�pF A E C , ATTEST: �••�-L•••••....••�� .; o f" ,, 0: a Sharon K. Bergmann, Eagle Ci Clerk �•— = O: TE OF 1�.•`. STATE OF IDAHO) : ss. County of Ada 24 On this 2 95 day of , in the year 20)4, before me, the undersigned, a Notary Public in and for said State, perionally appeared JASON PIERCE, known to me to be the MAYOR 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. In witness whereof, I have hereunto set my hand and affixed my official seal the day and year first written. ELLEN M SMITH COMMISSION #25743 NOTARY PUBLIC STATE OF IDAHO— MY COMMISSION EXPIRES Notary Public n G{ G(I 1 / Residing at: M i 1e tom" `t A - My Commission Expires: -t8 " Page 3 of 3 KACOUNCILDraft Ordinances\ORD 823 Laity Fischer.doc January 3, 2019 Project No. 113173 EXHIBIT "A" LARRY FISCHER PROPERTY ANNEXATION DESCRIPTION A parcel of land being Lot 6, Block 1 of Pony Subdivision, as same is recorded in Book 60 of Plats at Page 5967 of Ada County Records, and a portion of Government Lot 4 located in the Northwest One Quarter of Section 5, Township 4 North, Range 1 East, Boise Meridian, Ada County, Idaho, being more particularly described as follows: Commencing at the Northwest Corner of Section 5 of said Township 4 North, Range 1 East; Thence North 89°40'10" East, 1326.84 feet on the North line of said Section 5 to the Northeast Corner of said Government Lot 4 of Section 5, said point being the POINT OF BEGINNING; Thence on the exterior lot line of Lot 6, Block 1 of said Pony Subdivision for the following courses and distances: Thence South 01° 09' 15" East, 819.09 feet; Thence South 89° 50'21" West, 296.54 feet; Thence South 01° 09' 15" East, 150.87 feet; Thence South 89° 50'21" West, 277.77 feet; Thence North 15° 33' 18" West, 299.24 feet; Thence North 00° 19'50" West, 45.95 feet; Thence North 89°40'10" East, 80.17 feet; Thence North 000 03' 29" West, 94.28 feet to the Northwest corner of said Lot 6; Thence leaving the exterior lot line of said Lot 6, North 15011'10" East, 84.65 feet on the easterly lot line of Lot 1, Block 1 of said Pony Subdivision; Thence North 04°27'25" East, 201.79 feet on the easterly lot line of said Lot 1; Thence North 00° 41' 15" West, 256.54 feet to a point on the Northerly Section Line of said Section 5, said point also being on the centerline of West Beacon Light Road; Thence North 89°40'10" East, 520.44 feet on the Northerly Section Line of said Section 5 to the POINT OF BEGINNING. The above described parcel contains 11.52 acres more or less. PREPARED BY: THE LAND GROUP, INC. James R. Washburn L7880 WO 0 Site Planning • Landscape Architecture • Civil Engineering • Golf Course Irrigation & Engineering • Graphic Design • Surveying 462 E. Shore Drive, Suite 100 • Eagle, Idaho 83616 • P 208.939.4041 • www.thelandgroupinc.com L 10 .09L =.. L :9193S IRIUOZuoH oo£ .oel o — 3lglgx3 Ampuno8 BMW 'aauenssl to oleo £U£li ON loalmd dL'LLZ M.LZ.OSA8S © suolslnau I 7S\ L8'09L ML.604g CL. $'C _K96Z M.1Z.09.68S — • �� '.� rill, N 13NW3SV3Ainin.SM M = NI M31A ANS W SLSZ \ ? H3HOSI3 39HO39 \\ M I I S6'Sb M»oS�6le00N v a II I LV09 3.,OLAMM V rt� CO) I ( .SZ'b6 M..6Z.£0>00N I CD I� _ _ I 9£'L L9 ISZ.ZO.L9S C LN3W3SV3 AIIIIIA .0 L / O `�� til 59'49 M..OLILI.M / W cn g� i I 1N3W3SV3A.LimflAl y I o IbI a �I1 yllbbl ill I I� 11 08IH911 NOOV38 A 9LZL Iy I I a3HOSlA 39HO30 LI � _ ,.. :ol ainou I 1 Z I ! I 61OZ 6 t d3S -------- � I .0005 .00'o£ 3.sl.l4eoos t_ _ _ _ _ _ _ _ _ _ 31OV3 �O � I0 'I'VoLb _ _ .04'909 _ _ �/�_ C33-II.A'3 (13A,3'J3>=I — — — — — b8'9ZEL 3.OL04o68N - / — W'S IVU"N4'I n --- — --- 'VYLHJI7 L10D6'YB 41 5 N01133S dll�uap : k13N)J03MN 0Nyl 3H1 �=�: Idaho Statesmi Keeping you connected I IdahoStatesman AFFIDAVIT OF PUBLICATIO » C fig (,3 & FiiaE CiTY OF EAGLE MAR ll 7 2920 File; Route to:.,_.�� ,� "`" . Account # I Ad Number I Identification I Po Amount I cols Denth 263905 0004585596 ORDINANCE NO. 823 AN ORDINANCE ANNEXI ORDINANCE NO. 823 $284.32 3 10.89 In Attention: Tracy Osborn CITY OF EAGLE / LEGALS PO BOX 1520 EAGLE, ID 83616 ORDINANCE NO. 823 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 CLASSFICATION OF SAID REAL PROPERTY DESCRI- BED HEREIN FROM RUi (RURAL -URBAN TRANSITION) TO R•E (RESIDENTIAL -ESTATES); 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 contig- uous real property in the manner provided by Section 50-222, Idaho Code; and WHEREAS, George Fischer, the owner of the real property situated in the unincorporated area of Ada County and particularly described in Exhibit "A' and shown in Exhibit "B" of this ordinance has request- ed, in writin, annexation of said real property to the City of Eagle; and WHEREAS, the property described in Exhibit "A" is identified by the Ada County Assessor's Office as tau parcel numbers S0505223000 and R7132900350; and WHEREAS, the property described in Exhibit "A' is located at 1275 'West Beacon Light Road and 2575 North Sky View Lane; and WHEREAS, the owners of the real Property situated within the City of Eagle and particularly described in Exhibit "A" and shown in Exhibit "B' of this ordinance has requested, in writing, a rezone from RUT to R- E; and WHEREAS, the Planning and Zoning Commission of the City, pursuant to public notice as required by law, held a public hearing on December 16, 2019, as required by Section 67-6525, Idaho Code, and made a recommendation to the MaW and Council; and WHEREAS, the Eagle City Council, pursuant to public notice as required by law, held a Public hearing on January 28, 2020, on the proposed annexation and zoreng for the real property described in Exhibit "A' as required by Section 67-6525, Idaho Code, made findings and determined that the requested annexa- tion Mould be granted and that a zoning classification of R•€ for the properties described in Exhibit "A' is appropriate to meet the requirements of Idaho Code. Eagle City Cade arid the Eagle Comprehensive Plan and should be granted, NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND COUNCPL OF THE CITY OF EAGLE, IDAHO, as follows; Section 1: The Eagle City Council hereby finds and declares that the real property partictoarly descri- bed in Exhibit "A', and shown in Exhibit B" 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 devel- opment of the City, and that the owner of said property has requested, inn writing, annexation thereof to the City. Section 2: The real property, all situated in Ada County, Idaho. adjacent and contiguous to the City, part=cularty 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 Exhibrt "A" and generally as shown on Exhibit "B", attached hereto aril Incorporated by refererKe, is hereby removed Trout the RUT (RurallUrban Transition)zoning classification and is hereby included in the R,E (Residential -Estates) 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 R•E 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 regula- tions, taxation, and other powers of the City of Eagle. Section 5: The City Clerk is hereby directed to file, wirthin ten (101 days of passage and approval of this Ordinance, a certified copy of this Ordinance with the offices of the Auditor, Treasurer, and Asses- sor of Ada County, Idaho, and lath the Idaho State Tax commission, Base, Idaho, as required by Sec- tion 50.223, Idaho Code, and to comply with the provisions of Section 63-215, Idaho Code. with reggard to the preparation and filing of a map and legal description of the real property annexed by this Ordi- nance. Section 6: This Ordinance shall tate effect and be in force from and after its passage, approval, and publication as required by taw. In lieu of publication of the entire ordinance, a summary thereof in com- pliance with Section 50m901A, Idaho Code, may be published. Exhibit B may be reviewed at Eagle City Hall 6fi0 E. Civic Ln. Eagle, Idaho during regular business hours. DATED this 25th day of February 2020. CITY COUNCaL OF TTiE CIT! OF EAGLE Ada County, Idaho ATTEST; /s/ Jason Pierce /s/ Sharon K. Bergmann Jason Pierces Mayor Sharon K. Bergmann, Eagle City Clerk AMBAR LIZARRAGA, being duly sworn, deposes and says: That she is the Principal Clerk of The Idaho Statesman, a daily newspaper printed and published at Boise, Ada County, State of Idaho, and having a general circulation therein, and which said newspaper has been continuously and uninterruptedly published in said County during a period of twelve consecutive months prior to the first publication of the notice, a copy of which is attached hereto: that said notice was published in The Idaho Statesman, in conformity with Section 60-108, Idaho Code, as amended, for: Insertions Beginning issue of: 03/04/2020 En ling issue of: 03/04/2020 1 . (Legals Clerk) On this 4th day of March in the year of 2020 before me, a Notary Public, personally appeared before me Ambar Lizarraga known or identified to me to be the person whose name subscribed to the within instrument, and being by first duly sworn, declared that the statements therein are true, and acknowledged to me that she executed the same. Notary Public in and for the state of Texas, residing in Dallas County 20<"AY "B AMANDA DAWN GRISHAM •: *= My Notary ID # 132031326 Ex " e .st or d 23}g 20 Le iiaAkiAqieasec!E, %estro January zi, ZU1 J Project No. 113173 EXHIBIT "A" LARRY FISCHER PROPERTY ANNEXATION DESCRIPTION A parcel of land being lot 6, ®lock 1 of Pon}+ Sul�livisaars, as same is recorded in Book 60 of Plats at Page 5967 of Ada County Records, and a n of Gowernraaent Lot 4 located in the Nordwst One arty of Section 5, Townsh� 4 fi hge 1 East, Boise PNeridian. Ada County, Idaho, being more p�cuPariy described as f Comrneruing attire Northwest Corner of Section 5 of said Township 4 Range 1 East, Thence North 89°40'1®' East, 1326,84 feet an flee North line of said Sectio�r 5 to the Northeast Corner of said Governsnerht Lot 4 of Section 5, said point ka?inS the NT Of BEGINNING, Thence the exterior lot line of Lot 6, Block 1 of said Pony 5u6division far the following courses and distances: Thence South 01' 09' 15m feast, 819.09 feet; Thence South 89' 50' 21m West, 296.54 feet Thence South 01" 09` 15° East, 150.87 feet; Thence South 89` 50'21* West, 277.77 feet; Thence North 15' 33' 18" West, 299.24 feet; Thence North 00' 19' 50" West 45.95 feet; Thence North 89°40'10" East, $0.17 feet; Thence North 00' 03' 29° West, 94.28 feet to the Northwest cornu of said Lot 6 Thence leaving the exterior tot line of said Lot 6, North 15°11'10" East, 84.65 feet on the easterly lot line of Lot 1, Block 1 of said Pony Subdivi n; Thence North 04'27'25" East, 2111.79 feet on the easterly lot line of said Lot 1; Thence North 00° 41' 15` West 256.54 feet to a point on the Northerly Section Line of said Section 5, said point also being on the centerline of West Beacon Light Road; Thence North 89*40'1Or East, 52'0.44 feet on the Northerly Section Line of said Section 5 to the POINT Of BEGINNING. The above descried parcel contains 11.52 acres more or less. PREPARED BY: Tr1E-LAND GROUP, INC_ James R. Washburn -- ------------- 0004585596,01 fDAHO State Tax Commission April 6, 2020 Sharon Bergmann Eagle City Clerk P O Box 1520 Eagle, ID 83616 PO Box 36 • Boise ID 83722-0410 11321 W Chinden Blvd • Boise ID 83714-1021 -- Subject: Ordinance No. - -- ord.-823 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 2021. We approve and recognize the map and legal description; however this approval and recognition is limited to the acknowledgement that the map and legal description meet the requirements of Idaho Code Section 63-215, and IDAPA 35.01.03, referred to as the Idaho Property Tax Administrative Rules. Find current year information about taxing district change requests at the Current Status Web page. Please visit httn://tax.idaho.goy/i-1069.cfm. Sincerely, Geographic Information Systems Division Technical Support Bureau Idaho State Tax Commission Phone (208) 334-7750 Email gis@tax.idaho.gov CC: - - - Robert McQuade, Ada County Assessor Phil McGrane, Ada County Clerk Equal Opportunity Employer • tax-9daho.gov 9 Hearing Impaired TDD (800) 377.3529 �r M Com.. cy,u�^ ILI 0 S, C� CO GL r� N I p Nn Gu N s. O o c' cu M� 1+1 ra G3 Ln +' 4� v �zzN � •� a4� 4.� 0 ==� �: CD ° ����'°'A ooh O Ln 0 CD N O W o -• Com..