Ordinance - 2011 - 662 - Annex/Rezone The Lofts @ Eagle River - 06/28/2011 ADA COUNTY RECORDER Christopher D.Rich MOUNT .00 8
ADA COUNTY RECORDr" `iristopher D.Rich AMOUNT .00 8
BOISE IDAHO 07/27/11 04:25 PM BOISE IDAHO 06130/11 .49 AM
DEPUTY Vicki Allen DEPUTY Vicki Allen
R RECORDED-REQUEST OF
RECORDED-REQUEST OF 111052581
1110G02 2 Eagle City
Eagle City 1, i"e C 01r4
ADA COUNTY RECORDER Christopher D. Rich AMOUNT .00 6 T
BOISE IDAHO 08/30/11 02:54 PM $i' nutf,cmo 400.as5 /4-1, . ,4/mia.,6
DEPUTY Lisa Batt
RECORDED-REQUEST OF III IIIIIIIIIIIIIIIIIIIIIIIIIIII Ill III Cc'c- ��> '/w /I
Eagle City 111070311 -;eir" rd.L� ; fpopi' y
Ca sncul R- c '
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ORDINANCE NO. 662
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
DEEELOPMENT 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 parcels number S0516131220 and S0516131315; and
WHEREAS, the Planning and Zoning Commission of the City, pursuant to public notice as
required by law, held a public hearing on September 18, 2006, 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 May 22, 2007, 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 of 3
K.\COUNCIL\Draft Ordinances\Ord 662 Lofts at Eagle River.doe
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 of 3
K:\COUNCIL\Draft Ordinances\Ord 662 Lofts at Eagle River,doc
DATED this 28th day of June 2011.
CITY COUNCIL OF THE CITY OF EAGLE
Ada County, Idaho
62k:
James D.Reynolds, Mayor Q( S/io U5(A: 1''',
COO N I�S� en. .•,s'�IT Y OF••,,••
ATTEST: .•••.....•�F •��
*•:
TOOTHMAN-ORTON ENGINEERING COMPANY
CONSULTING ENGINEERS,SURVEYORS AND PLANNERS
9777 CHINDEN BOULEVARD
BOISE,IDAHO 83714-2008 �,- HL ED
208-323-2288 • FAX 208-323-2399 '°t€�:�,_�f � �
boise@toengrco.com
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Project: 05089
Date: March 24, 2006 MAY 1 Lz 2036
Page: 1 of 2
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EXHIBIT "A" —'
Land Description of Property for Annexation/Re-zone
To the City of Eagle, Idaho
A parcel of land located in the West '/2 of the East 1/2 of Section 16, Township 4 North,
Range 1 East,Boise Meridian. Ada County,Idaho,being more particularly described as
follows:
COMMENCING at the North Quarter corner of said Section 16, from which the
Center of said Section 16, bears S.00°45'44"W., 2641.36 feet; thence, along the
longitudinal centerline of said Section 16,
A) S.00°45'44"W., 1320.43 feet to the Northwest corner of Government Lot 2 of said
Section 16; marking the POINT OF BEGINNING; thence, along said
longitudinal centerline,
1) N.00°45'44"E., 67.68 feet; to the centerline of E. Riverside Drive;thence,
along said centerline of E. Riverside Drive the following courses:
2) Southeasterly along a curve to the left having a radius of 595.00 feet, an arc
length of 12.63 feet, through a central angle of 1°12'59", and a long chord of
S.79°49'39"E., 12.63 feet; thence, along a line tangent from said curve,
3) S.80°26'09"E., 67.16 feet; to the beginning of a tangent curve; thence,
4) Southeasterly along a curve to the left having a radius of 450.00 feet, an arc
length of 74.10 feet, through a central angle of 9°26'06", and a long chord of
S.85°09'11"E., 74.02 feet; thence, along a line tangent from said curve,
5) S.89°52'14"E., 956.22 feet; thence, leaving said street centerline,
6) S.00°36'34"W., 747.49 feet to a point on the North toe of the Flood Control
Levee; thence, along said North toe;
7) S.55°18'38"E., 266.14 feet to the East line of said Government Lot 2;thence,
along the east line of said Government Lot 2 and the southerly extension
thereof, to a point on the mean high water line of the Boise River, as shown on
Record of Survey No. 2255, records of Ada County, Idaho,
8) S.00°36'34"W., 567.68 feet to the mean high water line of the Boise River;
thence, along said mean high water line, the following courses:
9) N.73°07'56"W., 235.65 feet; thence,
H^.05089\WPtiles\SURVEY\ExhA-PROPERTY.Annexation.doc 1
BOISE • COEUR d'ALENE • CALDWELL
TOOTHMAN-ORTON ENGINEERING COMPANY
LU
CITY' OF
Project: 05089
MAY 13206
Date: March 24, 2006
Page: 2 of 2 'r jute
10)N.50°10'17"W., 143.59 feet; thence,
11)N.40°45'22"W., 186.59 feet; thence,
12)N.18°08'13"W., 125.82 feet; thence,
13)N.53°53'47"W., 152.74 feet; thence
14)N.18°10'47"W., 87.65 feet; thence,
15)N.03°23'59"W., 86.85 feet; thence,
16)N.64°08'39"W., 130.83 feet; thence,
17)N.70°12'19"W., 134.89 feet; thence,
18)N.71°00'50"W., 84.43 feet; thence,
19)N.05°34'28"W., 34.39 feet; thence,
20)S.89°17'03"W., 68.07 feet; thence,
21)S.75°14'09"W., 283.81 feet to a point on the westerly line of said Government
Lot 2; thence, along said westerly line,
22)N.00°45'44"E., 648.29 feet to the POINT OF BEGINNING.
CONTAINING: 25.37 acres, more or less.
I � 316
'OQ (This description is for Annexation purposes only!)
9 ' H. c��ti
H:`.05089\WPtiles,SURVEY`.ExhA-PROPERTY"Annexation.doc 7
EXHIBIT B
I Jc.';e," ANNEXATION/REZONE - EXHIBIT MAP
W FOR PROPERTY LOCATED IN THE
Y WEST 1/2 OF THE EAST 1/2 OF SECTION 16,
o TOWNSHIP 4 NORTH, RANGE 1 EAST, BOISE MERIDIAN
Z c_, ADA COUNTY, IDAHO
I , C-2
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S6026'09.E 5211712'141 — RIVERSIDE DRIVE 956.22.2
6 oim„...._67.16• NORTH UNE covT LOT 2 -
—
0 122 I NW con, --— __ =_ — — -
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3� POINT OF BEGINNING
11 CURVE TABLE
E I j,.LENGTH RADIUS DELTA TANGENT'CHORD BEARING It
® 1 .6 ' 595.00' 1•12.59- 5.32' 12.53' 579'49'39"E n
® 74 1•' 450.00' 9.26'06' 37.14' I 74.02' 585'09'11"E I� IN
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8 I ANNEXATION AREA = 25.37 ACRES± I =1
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CENTER SEC. 16
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��l LAND LEGEND lr,.q,1.
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— — ANNEXATION/'REZONE BOUNDARY V7,1•0?.°4
0��7 ���*tSTER�.G � SECTIONAL LINE
r- O FOUND 5/B• RUM' ► n CALCULATED POINT FOR ANNEXATION PURPOSES ONLY!
i 73 1 4- FOUND ALUMINUM CAP
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�^ l' � 1� TOOTHMAN ORTON ENGINEERING C
E lE OF �� c. ENGINEERS • SURVEYORS • PLANNERS
'PFD. �\> 9777 CHINDEN BOULEVARD • BOISE, IDAHO 83714-2008
H MCP` PHONE: 208-323-2288 FAX: 208-323-2399
[-FILE:H:\05089\ExhMAP-Annexction.DWG DATE:04/24/06 JOB:05089
V
FITC5ETIVEET67-1C8i5----I
CITY OF FAGUI E
JUL '08201 I
Valley Times File;
Route to:
P.O. Box 1790-Eagle, Idaho 83616
LEGAL ADVERTISING PROOF OF PUBLICATION
Account: of _Fa` G Identification: ('n d,;,nrt n cj No (0 to Z
Address: (,(, 0 {. C. Vi'cJLamt-G-. Run Dates: 7-- Ai 2011
r -r n" , di-
July 4, 2011 Q Z
ND COUNCIL OF THE CITY Pr Amount
Legal Notice nI Pa
lint the rah
IroPa'tl'particularly
ORDINANCE Na 662 in by reference,is contiguous to
I for the orderly development of ily sworn, deposes
AN ORDINANCE ANNEXING CERTAIN REAL PROPERTY SITUATED IN THE citing,armcxation thereof to tine e Principal Clerk Of
IJNINCORPORATF,D AREA OF ADA COUNTY,IDAHO,AND CONTIGUOUS To THE ipaper published at
CORPORATE LIMTfs OF THE CITY OF EAGLE, TO THE CITY OF EAGLE, IDAHO;
CHANGING THE ZONING CLASSIFICATION OF SAID REAL PROPERTY DESCRIBED 'adjacent and Exhibit"B" at to the Idaho; that the said
k�FROM RUT(RURAL-URBAN TRANSITION)TO MU-DA(MIXED USE WITH A moo on Exhibit oria amity o 'culation in the said
ELOPMENT AGREEMENT); AMENDING THE ZONING MAP OF THE CfTY OF imorporatedteaitcaiallimitsof vicinity of Meridian,
EAGLE TO REFLECT SAID CHANGE;DIREC'T'ING THAT COPIES OF THIS ORDINANCE
BE FILED AS PROVIDED BY LAW;AND PROVIDING AN EFFECTIVE DATE. °en uninterruptedly
a the real Pro ly y during a period Of
WHEREAS,the City of Eagle'Idaho is a municipal corporation organized and operating under Ibis "FI i°d hereto and
tom eks prior to the first
the laws of the State of Idaho and is authorized to annex to and incorporate within the boundaries ral Urban Tra mention)zoning p
of the City contiguous real property in the manner provided by Section 50-222,Idaho Code;and with. a Eagle, neat agreement) if which is attached
-.ityofEag[e- The City Council :e was published in
with the Eagle
and particularly owner
ib o tthe a Exhibit sit ordinance the requested,unincorporated area of ling tnc City 'ith Sec ion 60-108,
of said real property to the City of Eagle;and Ire MU-DA
zoning disaiet, i, for � time(s)
!of said paper, and
WHEREAS, the owner of the real property situated within the City of Eagle and particularly
all property )roper, and not in a
described in Exhibit"A"of this ordinance has requested,in writing,a rezone from RUT to MU- I ordinmces,resohrtions,ponce p
DA;and
Mice was published
the 9 fell rI I dates:
WHEREAS,the property described in Exhibit"A"is identified by the Ada County Assessor's opY of this Ordinance with the
Office as parcels nxunber S0516171220 and S0516131315;and f ,and with the Idaho State I
laho Cade,and to comply with
WHEREAS, the Planning and Zoning Commission of the City,pursuant to public notice as rreparahon and filing of a map C
required by law,held a public hearing on September 18,2006,as required by Section 67-6525, e•
Idaho Code,and made a recommendation to the Mayor and Council;and 11
and after its passage,approval, AV I
WHEREAS,the Eagle City Council,pursuant to public notice as required by law,held a public enter° lice a summary N
ubnshed
hearing on May 22,2007,on the proposed annexation and zoning for the real property described fi r, p.••i
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 B+TATE OF IDAHO )
Eagle City Code and the Eagle Comprehensive Plan and should be granted, Si )SS
(Continued on next paw, across at right) s OUNTY OF ADA)
„ernes u.Reynotds,Mayor Hi 5/1,0 t1510,4( "(ATV` ,�"e,+•s•.4'..\ R in the year of 2011
Coo Aet t per;--t- stersonally appeared
ATTEST. a ofi yule to be the person
*,r'" sotiI. the within instrument,
Sharon IC It u��i
`� 4n, declared that the
Bergmann, City erk ti4: ,„ * - s4wledged to me that
"-.7'c,~�-�`'° wexecuted the same.
STATE OF IDAHO) R" -
Nary Public for Idaho
County ofAda ) Residing at Boise, ID
On this 4 day oft e. in the year 02011 ,before me,the a R
Notary Public in and for said State,personally appeareddam ey ld rely —A/5/20114144 N
Sharon K.Bergmann,known to me to be the -: �, TTY CLERK of said municipal R
corporation that executed this instrument: ,+ 75:17. s bxecutedd the said instrument on N
behalf of said corporation,and acknowledged to me that such corporation executed the sane, R
70