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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/ * Sc 10;of '••,n.......••• 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. vs" iZi ViN Eci x431 / '41-W Pef EXHIBIT "B" III jiw' , , Li w r m � � U / I 4'ii 3 P2! pua8 aoysasioH 4 0 SS AMH i (.4 4. a z k ,44 ¢I g„ Y�t a1" ? i LA ,t,,; 5 �, ft / 4-+ ' ,�",=,�, ,r 9 rc {' � T Y E �` p -� •N ,3..-4,,,,_.,', '(.J 'P y� �` .y y f 4 :: '^ - LL ' f "�° , ,,Via'{ ".< •i:. ' r n= ,���� gyp, �, ..J _.. C Fa CD g 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