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Ordinance - 2013 - 694 - Rezone Mace River Ranch - 03/26/2013 ADA COUNTY RECORDER Christopher D.Rich AMOUNT .00 6 BOISE IDAHO 04104113 08:05 AM DEPUTY Bonnie Oberbillig III 11111111111111111111111111111 11 111 RECORDED-REQUEST OF 1131335834 Eagle City ORDINANCE NO. 694 AN ORDINANCE CHANGING THE ZONING CLASSIFICATION OF THE REAL PROPERTY DESCRIBED HEREIN FROM A (AGRICULTURAL) CLASSIFICATION TO R- 2-DA-P (RESIDENTIAL WITH A DEVELOPMENT AGREEMENT - PUD); AMENDING THE ZONING MAP OF THE CITY OF EAGLE TO REFLECT SAID CHANGE; 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 WHEREAS, pursuant to Chapter 65, Title 67, Idaho Code, the City of Eagle has the authority to adopt, establish and amend a Zoning Ordinance; 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 A to R-2-DA- P; and WHEREAS, the properties described in Exhibit "A" are identified by the Ada County Assessor's Office as parcel numbers S0517122500, S0517141807, and S0517141992; and WHEREAS, the Planning and Zoning Commission of the City, pursuant to public notice as required by law, held a public hearing on January 7, 2013, as required by Section 67-6509, 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 February 12, 2013, on the proposed zoning for the real property described in Exhibit "A" as required by Section 67-6509, Idaho Code, made findings and determined that the requested zoning classification of R-2-DA-P 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 is hereby granted. NOW THEREFORE, BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE CITY OF EAGLE, IDAHO, AS FOLLOWS: Section l: The City Council hereby finds and determines that the real property particularly described in Exhibit "A" be removed from the A (Agricultural) zoning classification and included in the R-2-DA-P (Residential with a development agreement — PUD) zoning Page 1 of 2 K:\COUNCIL\Draft Ordinances\Ordinance 694 Mace River Ranch.doc classification 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. Section 2: The described real property generally as shown on Exhibit `B" and located as specifically described in the attached legal description Exhibit "A" all situated in the City of Eagle, Ada County, Idaho, is hereby removed from the A (Agricultural) zoning classification and the real property described in Exhibit"A" is hereby included in the R-2-DA-P (Residential with a development agreement—PUD) zoning classification. Section 3: The official Zoning Map of the City of Eagle, Idaho, is hereby amended to reflect the foregoing change in zoning classification. Section 4: This ordinance shall take effect and be in force from and after its passage, approval, and one (1) publication of the ordinance in the official newspaper of the City. DATED this 26th day of March 2013. CITY COUNCIL OF THE CITY OF EAGLE A,I a County, Idaho 6mes D. Reynold , yor ATTEST: �;• 4 0xA T ,; ' • . • • �° —• �..a ,LLAci is ° . haron K. Bergmann, Eagle Ci Clerk '° p` �: T _ O Page 2 of 2 K.\COUNCIL\Draft Ordinances\Ordinance 694 Mace River Ranch.doc Exhibit "A" ( hi•U•B J-U-B COMPANIES I H �E,WY D F ----°-- ' J•U•B ENGINEERS,INC. NEW 0324 2012. Mace River Ranch Subdivision Description Project No.10-12-108 A parcel of land situated in Government Lots 1,2,3,4,5,6, &8; the north half of the northwest quarter; and the bed of the 1867 North Channel of the Boise River of Section 17;Township 4 North; Range 1 East; Boise Meridian; Eagle City;Ada County; Idaho;and being more particularly described as follows: Commencing at the west quarter-section corner of Section 17,Township 4 North, Range 1 East, Boise Meridian,the POINT OF BEGINNING: Thence N01°31'50"E,2510.48 feet along the west line of Section 17 to the left bank of the North Channel of the Boise River as established in 1982(Record of Survey 425 Instrument Number 8251977 and Quitclaim Deed Instrument Number 8312942,records of Ada County, Idaho); Thence N89°19'42"E,106.73 feet along said left bank; Thence 580°05'47"E, 102.89 feet along said left bank; Thence S62°38'08"E,363.39 feet along said left bank; Thence S74°52'09"E,545.66 feet along said left bank; Thence N86°48'53"E,669.22 feet along said left bank; Thence S80°30'24"E,247.54 feet along said left bank; Thence S76°37'11"E, 1125.12 feet along said left bank; Thence N83°17'46"E, 190.62 feet along said left bank; Thence N70°07'07"E,276.81 feet along said left bank; Thence N88°41'37"E,259.64 feet along said left bank; Thence S81°59'32"E,208.09 feet along said left bank; Thence S69°03'40"E,224.67 feet along said left bank; AO"i''A, Thence S57°07'54"E,225.83 feet along said left bank; /PFp a-tA Thence S25°43'19"E,265.96 feet along said left bank; a-- 1 -1,34 sj(9 3 / /j' qT f OF pP o4) Page 1 of 3 c'14EL s . -� a 250 S.Beechwood Avenue,Suite 201,Boise,ID 83709 p 208-376-7330 f 208-323-9336 w www.jub.com ,, , ��•UI■B J U B COMPANIES A G( 4 GATEWAY GROUP INC. J•U•B ENGINEERS,INC. Mace River Ranch Subdivision continued... Thence S19°09'37"E,343.26 feet along said left bank; Thence S18°22'28"E,408.21 feet along said left bank; Thence S43°33'26"E,309.11 feet along said left bank; Thence S71°39'29"E, 163.75 feet along said left bank; Thence S83°03'41"E, 154.63 feet along said left bank to the west right-of-way line of South Eagle Road(Highway 55)(State of Idaho Easement No.5946, records of Idaho Department of Lands); Thence S00°54'39"W,83.70 feet along the west right-of-way line of South Eagle Road(Highway 55); Thence S00°54'08"W,218.99 feet along the west right-of-way line of South Eagle Road (Highway 55)(Affidavit Instrument Number 99054882,records of Ada County,Idaho); Thence S00°58'07"W,246.23 feet along the west right-of-way line of South Eagle Road (Highway 55); Thence S06°55'04"E,71.12 feet along the west right-of-way lie of South Eagle Road (Highway 55)to the Mace/Warren property line per agreement(Record of Survey 306 Instrument Number 8151134,Quitclaim Deed Instrument Number 98076971, Record of Survey 2500 Instrument Number 9342159,and the aforementioned Record of Survey 425, records of Ada County, Idaho) and the boundary of Two Rivers Subdivision (Book 80 of Plats at Pages 8661 thru 8665,records of Ada County,Idaho); Thence N45°56'11"W,361.20 feet along said Mace/Warren property line and said boundary of Two Rivers Subdivision to the boundary of Two Rivers Subdivision No.4(Book 84 of Plats at Pages 9314&9315, records of Ada County, Idaho); Thence N36°57'13"W,409.15 feet along said Mace/Warren property line and said boundary of Two Rivers Subdivision No.4; Thence N53°06'35"W, 205.76 feet along said Mace/Warren property line and said boundary of Two Rivers Subdivision No.4; � ��,,oi!i LAND ( • cr-N 11 ,r / 3// Page 2 of 3 -4EL S a 250 S.Beechwood Avenue,Suite 201,Boise,ID 83709 p 208-376-7330 1 208-323-9336 w www.jub.com ,, _...------ ( 11J 1 J-U-B COMPANIES looON J•U•B ENGINEERS,INC. Mace River Ranch Subdivision continued... Thence S81°27'28"W, 1660.00 feet along said Mace/Warren property line,said boundary of Two Rivers Subdivision No.4, aforesaid boundary of Two Rivers Subdivision,the boundary of Two Rivers Subdivision No.5(Book 85 of Plats at Pages 9522 thru 9524, records of Ada County, Idaho);and the boundary of Two Rivers Subdivision No.9(Book 89 of Plats at Pages 10360 thru 10362,records of Ada County, Idaho); Thence S84°27'18"W,922.76 feet along said Mace/Warren property line and said boundary of Two Rivers Subdivision No.9; Thence N85°18'46"W,518.87 feet along said Mace/Warren property line,said boundary of Two Rivers Subdivision No.9, and the boundary of Two Rivers Subdivision No. 10(Book 89 of Plats at Pages 10370 thru 10373,records of Ada County, Idaho); Thence N84°25'41"W,236.28 feet along said Mace/Warren property line and said boundary of Two Rivers Subdivision No.10 to the boundary of the Knickrehm parcel (Bargain and Sale Deed Instrument Number 8658959,and the aforementioned Record of Survey 425, records of Ada County,Idaho); Thence N01°32'26"W,26.93 feet along said boundary of the Knickrehm parcel; Thence N83°56'52"W,409.03 feet along said boundary of the Knickrehm parcel; Thence S35°15'43"W,338.73 feet along said boundary of the Knickrehm parcel to the boundary of the Rambo parcel(Warranty Deed Instrument Number 8709454,and the aforementioned Record of Survey 425, records of Ada County, Idaho); Thence S43°46'37"W,354.97 feet along said boundary of the Rambo parcel; Thence N86°24'35"W,351.05 feet along said boundary of the Rambo parcel; Thence S86°32'35"W, 144.28 feet along said boundary of the Rambo parcel to the west line of Section 17; Thence N00°36'38"E,73.06 feet along the west line of Section 17 to the POINT OF BEGINNING. The above-described parcel contains 192.76 acres, more or less. 4(0,0 LAND ,,, / a- 11 34 c, s,tu3/l/ . a/9TF OF �pP �$� Page3of3 S . S . 0y a 250 S.Beechwood Avenue,Suite 201,Boise,ID 83709 p 208-376-7330 f 208-323-9336 w www.jub.com Exhibit "B„ 1 : b ,:s o ! N •'.1 u3 Fl : .3--.3 '.:1 • 0 , -1 1J , /- 11 a_ \' z Z L 1,•114't till Lat tOfil r------1 -- -4--7 LI 111111111111111.1;mos itisi\--- ...... 1111111111111110.!1 ••, -L, _ si,•• -, NI wiszta , ; - --- III 111110 - \\ fimsms __I \ . as i 7 *OS(EDT a , ) Q3 < j 1 113 rmigt , , , \ \ ,-- -' • cn 40....../11/1 '----: i N ' \, , ,I. I sed■•B y , Isi ms me - ' 1--- .... • , , \ ,, o z Rim r.... 1 , Is so ,, \ \ AO 1/1,4 "z„.. ://, \ • nu. F 1 i / i gi,\ . , ., > \ 4.1,40 „. mak ,-.1,,,,q7 -7 /4,' \ i i ma \ ,/, --NI 11 //- 1 ! 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N Legal Notices -{,i'nont t ORDINANCE NO.694 ik Thomason, being duly sworn, deposes t 3.5 tv .i^ `"' • and says: That he is the Principal Clerk of k •!0 AN ORDNANCE CHANGING THE ZONING CLASSIFICATION OF THE REAL /Times, a weekly newspaper published at PROPERTY DESCRIBED HEREIN FROM A(AGRICULTURAL)CLASSIFICATION TO R- ,�Ada County, State of Idaho; that the said ( 3 S.0° 2-DA-P(RESIDENTIAL WITH A DEVELOPMENT AGREEMENT-PUD); i{U.CS) THE ZONING MAP OF THE CITY OF EAGLE TO REFLECT SAID CHANGE; AND vspaper is in general circulation in the said a PROVIDING AN EFFECTIVE DATE. Jnty of Ada, and in the vicinity of Meridian, • 3"5-,op WHEREAS,the City of Eagle,Idaho is a municipal corporation organized and operating under. and Eagle, and has been uninterruptedly the laws of the State of Idaho;and _ lublished in said County during a period of 1 W H E R E A S,p u r s u a n t to Chapter 65,Title 67,Idaho Co ,the City of Eagle has the authority to y-eight consecutive weeks prior to the first Code, adopt,establish and amend a Zoning Ordinance;and i of this notice, a copy of which is attached Hereto, and that the notice was published in WHEREAS,the owner of the real property sheeted within the City of Eagle and padtiiy r Times, in conformity with Section 60-108, described in Exhibit"A"of this ordinance has requsted,in writing,a rezone from A to R-2-DA- P;and Mho Code, as amended, for I time(s) regular and entire issue of said paper, and , WHEREAS,the properties.deacxibed in Exhibit"A"are identified by the Ada Cotmty Aasess°r'a nted in the r0 newspaper er, and not in a Office as parcel numbers 50517122500,50517141807,and 50517141992;and proper, lement; and that said notice was published WHEREAS,the Planning and Zoning Commission of the City,pursuant to public notice as on the following dates: required by law,held a public hearing on January 7,2013,as required by Section 67-6509,Idaho ,ginning —4- ,n,! d 2.c)13 Code,and made a recommendation to the Mayor and Council;and I' f' WHEREAS,the Eagle City Council,pursuant to public notice as required by law,held a public hearing on February I2,2013;on the proposed zoning for the real property described in Exhibit II "A" as required by Section 67-6509, Idaho Code, made,findings and detamined that the requested zoning classification of R-2-DA-P for the property described in. Exhibit "A" is nding ri SC) 3 Sate to meet the requirements of Idaho Code, Eagle City Code and the Eagle 1 Comprehensive Plan and is hereby granted. - 3 A CA-4.1../ r-ow•-4., .N OF THEREFORE,BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE CITY OF EAGLE,IDAHO,AS FOLLOWS: STATE OF IDAHO) • )SS Section 1: The City Council hereby finds and determines that the real property particularly , COUNTY OF ADA described in Exhibit "A" be removed from the A (Agricultural) zoning classification and ,` ) included in the R-2-DA-P (Residential with a development y- PUD) zoning -day of in the year of 2013 classification pursuant to the Zoning Ordinance of the City of Eagle. The City Council further k me, a Notary ublic, personally appeared finds and determines that said zone change is in accordance with the Eagle Comprehensive Plan known or identified to me to be the person and relevant City Codes. ame is subscribed to the within instrument, rig by me fir t my sworn, declared that the n 2 The bed real property generally as shown on Exhibit"B"and located as -r in err tru d :cknowledged to me that specifically described in the attached legal description Exhibit"A"all situated in the City of r Eagle,Ada County,Idaho,is hereby removed from the A(Agricultural)zoning classification and / / e -xecuted the same. the real property described in Exhibit"A"is hereby included in the R 2-DA-P(Residential with a vV ll 1�ri development agreement.-PUD)zoning classification. Notary Public for Idaho Section 3: The official Zoning Map of the City of Eagle,Idaho,is hereby amended to reflect the Resid Sg at Bpiss, I D foregoing in classification. y Commission expires: 17 1 Section 4: This ordinance shall take effect and be in force from and after its passage,approval, and one(I)publication of the ordinance in the official newspaper of the City. DATED this 26e day of March 2013. CITY COUNCIL OF THE CITY OF EAGLE