Ordinance - 2012 - 684 - Annex/Rezone/Summer Lawns/Martin - 09/25/2012 ADA COUNTY RECORDER Christopher D.Rich AMOUNT .00 5
BOISE IDAHO 09/27/12 01:18 PM
RECORDED'ckREQUEST OF III 1111111111111111111111111111111 III
City of Eagle 112099712
ORDINANCE NO. 684
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 A-R-DA (AGRICULTURAL
RESIDENTIAL 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 A-R-
DA; and
WHEREAS, the property described in Exhibit "A" is located at 11075 Horseshoe Bend Road;
and
WHEREAS, the Planning and Zoning Commission of the City, pursuant to public notice as
required by law, held a public hearing on May 7, 2012, 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 June 12, 2012, 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 A-R-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 684 Summer Lawns.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 Transitional) zoning
classification and is hereby included in the A-R-DA (Agricultural-Residential up to one (1)
dwelling unit per five (5) acres 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 A-R-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, 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 684 Summer Lawns.doc
DATED this 25th day of September 2012.
CITY COUNCIL OF THE CITY OF EAGLE
AlaCounty, Ida,(h�o /
Jles D.Reynolds, M.yorI
ATTEST:Sharon K. Bergmann, Eagle City erk
STATE OF IDAHO )
: ss.
County of Ada )
On this d( day of h',i k P- , in the year a9/ , before me the und9rsigned, a
Notary Public i and for said State, personally appearedLa ryiec L7 (f nc/dc and
abvlA l . � noId , known to me to be the MAYOR and CITY CLERK of said
municipal corpothion 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. ••••"'•""••••.,
•`� O1 * %
/Nita ri$il•'
= U : o /
• ° , ipInission Expires: ®/ 1 020/
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Page 3 of 3
K:\COUNCIL\Draft Ordinances\Ord 684 Summer Lawns.doc
Exhibit "A"
CITY OFA �F. 7
MAR262012
2Q8.860.3442
E DTP SURVEYING, LLC R;1e:_�r�
� Professional Land Surveyor �s c .
hagic,ID
March 6,2012
MARTIN ANNEXATION DESCRIPTION
RUT to F%-R-DA
Part of the Northeast quarter of the Northeast quarter in Section 10,T.4N.,R.1E.,
B.M.,Ada County,Idaho,described as follows:
From Section corner common to Sections 2, 3, 10,and 11, T.4N.,R.1E.,B.M.,
Ada County,Idaho;running thence South on the Section line 451.8 feet to the REAL
POINT OF BEGINNING:
Thence West, 1013.5 feet to a point;
Thence South 8°00' West,51.4 feet to a point;
Thence South 59°45' West,288.1 feet to a point;
Thence East, 1269.0 feet to a point on the Section line;
Thence North 196.0 feet to the Place of Beginning.
Written from data of record without benefit of a field survey by DTP Surveying,LLC.
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RECEIVED & FILED
CITY OF EAGLE
OCT 0 4 2012
Valley Times
Igle, Idaho 83616 File:
ORDINANCE NO.684 ,43 —1 '�V9 t 2 Route to:
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 entification: 0-A dtA:.,q .,t4._ /1(0 . 6 g
HEREIN FROM RUT (RURAL-URBAN TRANSITION) TO A-R-DA (AGRICULTURAL
RESIDENTIAL WITH A DEVELOPMENT AGREEMENT); AMENDING THE ZONING
MAP OF THE CITY OF EAGLE TO REFLECT SAID CHANGE; DIRECTING THAT un Dates: /D " / a o 12
COPIES OF THIS ORDINANCE BF FILED AS PROVIDED BY LAW;AND PROVIDING
AN EFFECTIVE DATE.
WHEREAS,the City of Eagle,Idaho is a municipal corporation organized and operating under 'i Q(� 6 ��u s
the laws of the State of Idaho and is authorized to annex to and incorporate within the boundaries amber Lines 1 9 Amount
of the City contiguous real property in the manner provided by Section 50-222,Idaho Code;and /1
3 -xY
WHEREAS,the owner of the real property situated in the unincorporated area of Ada County ther _
and particularly described in Exhibit"A" of this ordinance has requested,in writing,annexation NA
of said real property to the City of Eagle;and Thomason, being duly sworn, deposes I 2 CPI• It-
WHEREAS, the owner of the real property situated within the City of Eagle and particularly and says: That he is the Principal Clerk of
described in Exhibit"A"of this ordinance has requested,in writing,a rezone from RUT to A-R- Valley Times, a weekly newspaper published at gl Z U .iJ U
DA;and Eagle, Ada County, State of Idaho; that the said r
WHEREAS,the property described in Exhibit"A"is located at 11075 Horseshoe Bend Road; newspaper is in general circulation in the said ' i0 .0 r
and County of Ada, and in the vicinity of Meridian,
WHEREAS, the Planning and Zoning Commission of the City,pursuant to public notice as
Star, and Eagle, and has been uninterruptedly r 3 ( a ,p
required by law,held a public hearing on May 7,2012,as required by Section 67-6525,Idaho published in said County during a period of
Code,and made a recommendation to the Mayor and Council;and 1venty-eight consecutive weeks prior to the first
ation of this notice, a copy of which is attached
WHEREAS,the Eagle City Council,pursuant to public notice as required by law,held a public hereto, and that the notice was published in
hearing on June 12,2012,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 alley Times, in conformity with Section 60-108,
the requested annexation should be granted and that a zoning classification of A-R-DA for the Idaho Code, as amended, for� time(s)
property described in Exhibit"A"is appropriate to meet the requirements of Idaho Code,_Eagle the regular and entire issue of said paper, and
City Code and the Eagle Comprehensive Plan and should be granted.
NOW,THEREFORE,BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE.CiTY ; printed in the newspaper proper, and not in a
OF EAGLE,IDAHO,as follows: ipplement; and that said notice was published
g hereby property particularly on the following dates:
Section 1: The Eagle City Council hereb finds and declares that the real roperty part Be beginning V C.�/s-s r
described in Exhibit"A",attached hereto and incorporated herein by reference,is contiguous to g g 1 Lc l Z.
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 Ending ac-Iv L. ) r .ao 12
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 1/l u -/l
City of Eagle,Idaho. h1Y)/(-54..
Section 3: The City Council hereby finds and determines that the real property particularly STATE OF IDAHO )
described in Exhibit "A" and generally as shown on Exhibit "B", attached hereto and )SS
incorporated by reference,is hereby removed from the RUT(Rural-Urban Transitional)zoning
classification and is hereby included in the A-R-DA (Agricultural-Residential up to one (I) ed. COUNTY OF ADA)
dwelling unit per five(5)acres with a development agreement)zoning classification all pursuant It day of in the year of 2012
to the Zoning Ordinance of the City of Eagle,The City Council further finds and determines that re me, a Notary Public, personally appeared
said zone change is in accordance with the Eagle Comprehensive Plan and relevant City Codes known or identified to er to be the person
and that the Zoning Map of the City is hereby amended to include the real property described in
Exhibit"A"in the A-R-DA zoning district — name is subscribed to the within instrument,
Section 4: From and after the effective date of this[hdinance,all property and persons within
ling by me first duly sworn, declared that the
the boundaries and territory described above shall be subject to all ordinances,resolutions,police rein are true, andc owledged to me that
regulations,taxation,and other powers of the City of Eagle. i e ute the same.
Section 5: The City Clerk is hereby directed to file,within ten(10)days of passage and approval /// Notary Public for Idaho
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 c Resi at Bo-se,ID
required by Section 50-223,Idaho Code,and to comply with the provisions of Section 63-215, My Commission expires: 2 7
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.
IDAHOPO Box 36•Boise ID 83722-0410
State Tax Commission 800 Park Blvd., Plaza IV•Boise ID 83712-7742
OEIVED& "rib
CITY OF EAGLE
November 5, 2012
NOV 0 6 2012
File:-----
Sharon Bergmann
Eagle City Clerk
P 0 Box 1520
Eagle, ID 83616
Subject: Ordinance No. 684 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 2013. 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
Equal Opportunity Employer • tax.idaho.gov • Hearing Impaired TDD(800)377-3529