Loading...
Ordinance - 2013 - 705 - Annex/Zone Hcr Level 3 Subdivision - 09/24/2013 ADA COUNTY RECORDER Christopher D. Rich AMOUNT .00 6 ak, .-2- 4-z.- BOISE IDAHO 09126113 01:32 PM 4 DEPUTY Bonnie Oberbillig RECORDED-R VEST OF 6 al A,1 Eagle City ectord 113109184 ADA COUNTY RECORDER Christopher D.Rich AMOUNT .00 8 BOISE IDAHO 10/11/13 02:56 PM DEPUTY Lia Batt RECORDED-REQUEST OF 11111E111111111111111111111111111111 Eagle City 113114752 ORDINANCE NO. 705 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-4-DA-P (RESIDENTIAL WITH A DEVELOPMENT AGREEMENT-PUD); 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 R-4- DA-P; and WHEREAS, the property described in Exhibit"A" is located at 5001 and 5025 West State Street; and WHEREAS, the Planning and Zoning Commission of the City, pursuant to public notice as required by law, held a public hearing on March 18, 2013, 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 April 23, 2013, 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-4-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 should be granted. Page 1 of 3 K:\COUNCIL\Draft Ordinances\ORD 705 HCR Level 3.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 Transition) zoning classification and is hereby included in the R-4-DA-P (Residential up to four dwelling units per acre with a development agreement-PUD) 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-4-DA-P 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 705 HCR Level 3.doc DATED this 24th day of September 2013. CITY COUNCIL OF THE CITY OF EAGLE Ada County, Idaho a •es D.Reynolds, or ,ttt„ttr,...,,,, ATTEST: `o� R �� • l�! a,4...� SEAL *,, Sharon K. Bergmann, Eagle Ci Clerk s' i,,' ►n�'' e STATE OF IDAHO ) . ss. County of Ada ) On this 44 day of ,1 "`'yY1 V , in the yew-020/-3,' befor e, the undersigned, a Notary Public in and for said State, personally appearecq,, TvAc tcey haldS and , known to me to be the MAYOR and CITY CLERK of said municipal corpor n 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. BO %�.e1 _�� . //Alt ���• G .� •••�' Notary P er • 'CAR}' %tt ?� • Residing at:' ..�� co• * •�• PU8i ••• p 1 My Commission Expires: 0/�/02910,� Page 3 of 3 K:\COUNCIL\Draft Ordinances\ORD 705 HCR Level 3.doc 110' �i ►/ „at, n Page 1®f_2 _. _ ..__ �HECEly L1& FILE, I CITY riF L( , F JAN 0 3 2013 THE LAND GROUP, INC. File: Route to:. December 18,2012 Project No. 112143 Annexation/Re-zone Description Home Capital Resources 16.96 Acres Exhibit"A" A tract of I. •d situated in a portion of the Southeast One Quarter of Secti• 11 and the Northeast One Quarter • Section 14, Township 3 North, Range 1 West, Boise M- dian, Ada County, Idaho, described as foils s: COMMENCING at the •utheast Corner of said Section 11, whic sears South 43°12'00" West a distance of 971.74 feet to 'e POINT OF BEGINNING. Thence North 60°29'02 est a distance of 380.01 fe. ; Thence North 0°40'55" E. a distance of 60.00 fee Thence North 73°16'49"W- t a distance of 341.: . feet; Thence North 82°31'25"Wes . distance of 15 1 feet; Thence North 0°23'11" East a • stance of 8 .70 feet to the centerline of West State Street (State Highway 44); Thence following said centerline, h °00'57"East a distance of 62.21 feet; Thence following said centerline, 9 ' feet along a circular curve to the right, said curve having a radius of 22,918.31 feet •-ntral angle of 0°14'02", a chord bearing of North 75°07'58" East,and a chord dista e of• 57 feet; Thence leaving said centerline, ' •uth 0°23 "West a distance of 437.16 feet; Thence North 75°33'23" East distance of 3 83 feet; Thence North 0°40'56" Ea a distance of 43•.•9 feet to the said centerline of West State Street; Thence following said nterline, 343.28 feet alon: . circular curve to the right, said curve having a radius of 2 •18.31 feet, a central angle • 0°51'30", a chord bearing of North 76°32'29" East,and chord distance of 343.28 feet; - Thence leaving s. • centerline, South 0°40'52" West a 'stance of 1,410.35 feet to the POINT OF BEGIN NG. The above-described ract of land contains 16.96 acres more or le subject to all existing easements and rig --of-way. The purpose of this description is for an -xation and/or re-zone purposes only and not intended to describe or transfer property rights. Attached hereto Exhibit"B"and by this reference is made a part hereof. Site Planning•Lan scope Architecture•Civil Engineering•Golf Course Irrigation&Engineering•Graphic Communication•Surveying 462 E.Shore Drive,Ste.100,Eagle,Idaho 83616•P 208.939.4041 F 208.939.4445•www.thelandgroupinc.com g:\2012\112143\admin\lega's\I 121218 annexation description 112143.dac ' „fi,�., Page 2 of 2 :i i0 „►•4 all • ti"gr THE LAND GROUP, INC. Prepared By: THE LAND GRO■ •,INC. 462 E.SHORE DRI SUITE 100 rota,LA Dz,208-939 4040 8361• ENS E6 `rG.,6 208-939-4445 (FAX) a14216 p1 9jI tt OF��ra� i Site Planning•Landscape Architecture•Civil Engineering•Golf Course irrigation&Engineering•Graphic Communication •Surveying 462 E.Shore Drive,Ste.100,Eagle,Idaho 33616•P 208.939.4041 F 208.939.4445•www.thelandgroupinc.com g:\2012\112143\admin\legals\I 121218 annexation description 112143.doc Situated in a portion of the SE 1/4 of section 11,and the NE 1/4 of Section 14, Township 3 North, Range 1 West, B.M., E 1/4 CORNER Ada County, Idaho ! '� 2012 i nEtERUIFICE G "I - S 44) a OF EAGLE I W State Street t` JAN13.2013 N75'O0'57"E 0 lipid Valley Rd. 62.21' C\ G i Route to: "..__ A "4'� , . rn__41tf% rn cc, v. o M W C. o,0 is 7 Z d d r.,, cv 1:::, N N O , 1 CO N 533+23"E 34 83 v "' / N7 o w o d. rnv 0 'pi) N N 3 O Z 16.9• •crest °cn N82'31'25"W NE CORNER t 151.41' � SECTION 11 0 it h737: .9;W 0 A''/ 341 '88. `t, / NO'40'55"E +4 ID A 60.00' .+41• 4' IP /41)4\c.b. 1.1-. .141/iiitk �O7• a' ti NS „� Curve Table o SEGMENT LENGTH R• ►IUS DELTA CHORD LENGTH CHORD BEARING a 14216 5')^'/ o Cl 93.57' 22918.31' 0'14'02' 93.57' N75'07'58'E T p�'� fOF0 C2 343.28' 22918.31' 0'51'30' 343.28' N7612'291 qa.,g,(P' ENGINEER/SURVEYOR 1 PROJECT INFORMATION 1 Scale: 1"=200' /I,.4 THE LAND GROUP, INC 12/18/2012 ' /0 -iruu °a""'�'O.. �. Home Capital Resources 112143 S Annexation/Re-zone las: , y Ada County, Idaho Exhibit B r 40k %fir r ' Page 1 of 1 rio October 9, 2013 THE LAND GROUP, INC. Project No. 112143 Annexation/Re-zone Description Home Capital Resources 16.96 Acres Exhibit"A" A tract of land situated in a portion of the Southeast One Quarter of Section 11 and the Northeast One Quarter of Section 14, Township 4 North, Range 1 West, Boise Meridian, Ada County, Idaho, described as follows: COMMENCING at the Southeast Corner of said Section 11, which bears South 43°12'00" West a distance of 971.74 feet to the POINT OF BEGINNING. Thence North 60°29'02"West a distance of 380.01 feet; Thence North 0°40'55" East a distance of 60.00 feet; Thence North 73°16'49"West a distance of 341.88 feet; Thence North 82°31'25"West a distance of 151.41 feet; Thence North 0°23'11" East a distance of 839.70 feet to the centerline of West State Street (State Highway 44); Thence following said centerline, North 75°00'57"East a distance of 62.21 feet; Thence following said centerline, 93.57 feet along a circular curve to the right, said curve having a radius of 22,918.31 feet, a central angle of 0°14'02", a chord bearing of North 75°07'58" East,and a chord distance of 93.57 feet; Thence leaving said centerline,South 0°23'11"West a distance of 437.16 feet; Thence North 75°33'23"East a distance of 342.83 feet; Thence North 0°40'56" East a distance of 436.99 feet to the said centerline of West State Street; Thence following said centerline, 343.28 feet along a circular curve to the right, said curve having a radius of 22,918.31 feet, a central angle of 0°51'30", a chord bearing of North 76°32'29" East,and a chord distance of 343.28 feet; Thence leaving said centerline, South 0°40'52" West a distance of 1,410.35 feet to the POINT OF BEGINNING. The above-described tract of land contains 16.96 acres more or less, subject to all existing easements and rights-of-way. The purpose of this description is for annexation and/or re-zone purposes only and is not intended to describe or transfer property rights. �D�AL LANDS Attached hereto is Map Exhibit "B" and by this reference is 4' �� SE, G4 made a part hereof. o 14216 Prepared By: THE LAND GROUP,INC. 462 E.SHORE DRIVE,SUITE 100 %. OF\V" EAGLE, IDAHO 83616 `S /act• 20/3 Site Planning 'Landscape Architecture"civil Engineering half Course Irrigation&Engineering•Graphic Communication•Surveying 462 E Shore Drive,Ste.100,Eagle,Idaho 83616 P 2078.939.4041 F 208.939.4445•www.thelandgroupinc.com g:\2012\112143\admire\legals\I _ ,annexation description 11.2143.doc Situated in a portion of the SE 1/4 of Section 11,and the NE 1/4 of Section 14, E 1/4 CORNER Township 4 North, Range 1 West, B.M., ,� SECTION R Ada County, Idaho 2013 . -- A treet h N75'00'57"E _---• wte --- SaS f r W. Old Valley Rd. 62.21' r✓1 o i 1 -a) ' BO a) O � i w r7 i Valley Times P.O. Box 1790 - Eagle, Idaho 83616 LEGAL ADVERTISING PROOF OF PUBLICATION Account Ct. y a -F a Address: cGO CtVtZ- LAfte, ORDINANCE NO. 705 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 TRANSmON) TO R -4 -DA -P (RESIDENTIAL, WITH A DEVELOPMENT AGREEMENT -PUD); 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. q -;a zo 13 WHEREAS, the City of Eagle, Idaho is a municipal corporation organized and operating under the laws of the State f Idaho and is authorized to annex to and incorporate within the boundaries of the City contiguo, real property in the nuumer 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 WIIEREAS, the owner of the mal property situated within the City of Eagle and particularly !ascribed in Exhibit "A" of this ordinance has requested, in writing, a rezone from RUT to R -4- 3A -P; and VHEREAS, the property described in Exhibit "A" is located at 5001 and 5025 West State Street; vHEREAS, the Planning and Zoning Commission of the City, pursuant to public notice as squired by law, held a public hearing on March 18, 2013, as required by Section 67-6525, Idaho ode, and made a recommendation to the Mayor and Council; and 'HEREAS, the Eagle City Council, pursuant to public notice as required by law, held a public raring on April 23, 2013, on the proposed annexation and zoning for the real property described Exhibit "A" as required by Section 67-6525, Idaho Code, made findings and determined that e requested annexation should be granted and that a zoning classification of R -4 -DA -P for the operty described in Exhibit "A" is appropriate to meet the requirements of Idaho Code, Eagle ty Code and the Eagle Comprehensive Plan and should be granted. OW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE CITY F EAGLE, LDAHO, as follows. tstfon 1: The Eagle City Council hereby finds and declares that the real property particularly scribed in Exhibit "A", attached hereto and incorporated herein by reference, is contiguous to • 1.:... .. .. .. ••,,TA TE OF ��.•• srssnsssssa• state qINEr RECEIVED & FILEO CITY OF EAGLE MI 0 3 2013 File - Route t" • Identification: _t n.an —TO 5 -- Run Run Dates: C ' 30 .A 13 Number Lines 31. Amount i}r *2 Z`S( P lu° 5,C XZ nvEArt I )11 X10.6'0 4llo .60 2z6.54 `334.54 Frank Thomason, being duly sworn, deposes and says: That he is the Principal Clerk of lley Times, a weekly newspaper published at gle, Ada County, State of Idaho; that the said -newspaper is in general circulation in the said County of Ada, and in the vicinity of Meridian, Star, and Eagle, and has been uninterruptedly published in said County during a period of venty-eight consecutive weeks prior to the first ation of this notice, a copy of which is attached '"= hereto, and that the notice was published in pu ,9lley Times, in conformity with Section 60-108, Idaho Code, as amended, for I time(s) Pre; the regular and entire issue of said paper, and s printed in the newspaper proper, and not in a upplement and that said notice was published on the following dates: Beginning Se -b1-4 r 301 2013 Ending S'e.p JP ft/Lir 30, x..013 Tt 3,144.4N.4%., STATE OF IDAHO ) )SS COUNTY OF ADA ) iiso 9 day of Lfti( in the year of 2013 'efore me, a Notary Public, personally appeared ason, known or identified to me to be the person whose name is subscribed to the within instrument, being by me fimy swom, declared that the m herein are true acknowledged to me Pat executed the same. a Notary Public for Idaho Residinat B ise, ID y Commission expires: ''J 27/ i 7 RECEIVED FILED CITY OF EAGLE NOV 0 8 2013 IDAHOPO Box 36•Boise ID 83722-0410 File:. State Tax Commission 800 Park Blvd., Plaza IV•Boise ID 83712-7742 Route to:. November 6, 2013 Sharon Bergmann Eagle City Clerk P 0 Box 1520 Eagle, ID 83616 Subject: Ordinance No.Ord._705 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 2014. 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 elyat r Cottiti Equal Opportunity Employer • tax.idaho.gov • Hearing Impaired TDD(800)377-3529 i f/ � ,� 0 0 UO Ln O �� O I lk. 7 N O B___< _ __ .....„ V \ , . L N M O N- in O Q1 M CO O O i N O • UI O in CCI ° °o N O/77—f o i r �� ‘,..7. dr \ ,_ . . D M L u O ° N C.> _ \ii,� �N M 1 I N r N : a ec )...N.\ r < _y y © 0E . I N e 7 3 J fi m /i/.. . _ in 0 .\\\\\ 0 1 Q.... ._.---)\-.