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Ordinance - 2013 - 709 - Annex/Rezone Subdivision - 12/10/2013 ADA COUNTY RECORDER Christopher D. Rich AMOUNT .00 5 BOISE IDAHO 12120/13 09:56 AM DEPUTY Lisa Batt RECORDED-REQUEST OF III IIIIIIIIIIIIIIIIIIIiIIIIIIIIII I III Eagle City 113135443 ORDINANCE NO. 709 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-2-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-2- DA-P; and WHEREAS, the property described in Exhibit "A" is identified by the Ada County Assessor's Office as parcel number S0402323400; and WHEREAS, the Planning and Zoning Commission of the City, pursuant to public notice as required by law, held a public hearing on May 20, 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 June 25, 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-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 should be granted. Page 1 of 3 K:\COUNCIL\Draf Ordinances\Ord 709 Syringa Sub.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-2-DA-P 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-2-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 709 Syringa Sub.doc DATED this 10th day of December 2013. CITY COUNCIL OF THE CITY OF EAGLE Ada County, Idaho f .. ames D.Reynol•s, %ayor .•00,,SY OFF c 'o• �,,••••••,,.1 ATTEST: •' 'OIZPOR •';�� tt Sharon . Bergmann, Eagle C ty Clerk :v'>,Z;�cS�4L 'Y�: ••. '°•manna••0`.0 •. ••••• O S. ,''• Op ID p�.•`�� STATE OF IDAHO ) : ss. County of Ada ) On this /a day of Deeen/&A," , in the year 44.0/3 , before me the undersigned, a No Public i nd for said State, personally appeared JwfiIS D Rp f 4,0/64 and S v S( ti-oft, known to me to be the MAYOR and CITY CI#ERK of said municipal corporation 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. aid „At, •ota3•0R 11 /4,4,6 Re s; l L_ .�.. 4 49Iy compni ioi Expires: rl . 20/5 s S, 0 - #•U ti PU , ,•• " o� Page 3 of 3 K:\COUNCIL\Draft Ordinances\Ord 709 Syringa Sub.doc EXHIBIT "A" F- 7.. ,°Ey-: FLED r CCi"tY CF EAGLE lep e C 2013 THE LAND GROUP, INC. Date: February 20, 2013 Project No. 113018 SCS SYRINGA SUBDIVISION PRELIMINARY PLAT DESCRIPTION A parcel of land located in the SW 1/4 of Section 2, T. 4 N., R.1 W., B. M., Ada County, Idaho,more particularly described as follows: Commencing at the 1/4 Section Corner common to Sections 2 and 11 of said T. 4 N., R. 1 W.; Thence North 01°00'54"East, 530.79 feet on the section line common to said Sections 2 and 11 to the southeast corner of Parcel B, as same is shown on Record-of- Survey Number 7178 of Ada County Records, (from which point the Center 1/4 Section Corner of said Section 2 bears North 01°00'54"East, 2125.23 feet distant); Thence from said southeast corner of Parcel B,North 89°17'12"West, 1328.60 feet on the section line common to said Sections 2 and 11 to the southwest corner of said Parcel B,which point is also the southeast corner of Parcel A as same is shown on said Record-of-Survey Number 7178, said point being the REAL POINT OF BEGINNING; Thence continuing North 89°17'12"West, 1302.99 feet on the southerly boundary line of said Parcel A to a point on the Section line common to Sections 2 and 3 of said T. 4 N.,R. 1 W., said point being the southwest corner of said Parcel A; Thence North 00°48'40" East, 2125.20 feet on the Section line common to said Sections 2 and 3 to the 1/4 Section Corner common to said Sections 2 and 3, said point also being the northwest corner of said Parcel A; Thence South 89°17'12"East, 1302.99 feet on the east-west mid-section line of said Section 2 to the northerly property corner common to said Parcels A and B of Record-of-Survey Number 7178; Thence South 00°48'40"West, 2125.20 feet on the property line : •on to said Parcels A and B to the real point of beginning. Parcel contains 63.57 ores mor, or less. PREPARED BY: ,. =. T THE LAND GROUP,INC. t �,;,.. �,•; a: . James R.Washburn,PLS 432.- N.041? •40. 1 Landscape Architecture•Site Planning•Civil Engineering•Gal Course Irrigation&Eng • v01111Matrou 462 E.Shore Drive,Ste.100,Eagle,Idaho 83616•P 208.939.4041 F 208.939.4445•www.. i s o .n . om EXHIBIT "B" >- tr; 0 Ln N Park Ln -2. z cri 0 E3 Linder Road z cr) >- (t) N LanrF000d Rd et cri Lu 1,3 Rd W N Palrri&i Ln 14 Paimer Ln u, Emmett it-Iwy N._ 'CI Ft) 'cr 4.. co Valley Times P.O. Box 1790-Eagle, Idaho 83616 LEGAL ADVERTISING PROOF OF PUBLICATION Account of- Eoyu Identification: �"^a"`-'.- >�° . Address: GIG 0 £ - C1 v' L' L Run Dates: 1 2 - 2,( as.3 i 3 )l.c To � elj' t' ��� X ' 1/(1 (Number Lines Z Amount, t g h a ° I December 23,2013 ORDINANCE NO.759 Legal Notices AN ORDINANCE ANNEXING CERTAIN REAL PROPERTY SITUATED IN THE UNINCORPORATED AREA OF ADA COUNTY,IDAHO,AND CONTIGUOUS TO THE EII+yHIBIT A CORPORATE LIMITS OF THE`CITY OF EAGLE,TO THE CITY OF EAGLE,IDAHO;' CHANGING THE ZONING CLASSIFICATION OF SAID REAL PROPERTY DESCRIBED SCS SYRINGA SUBDIVISION HEREIN FROM RUT (RURAL-URBAN TRANSITION) TO R-2-DA-P (RESIDENTIAL PRELINIINARY PLAT DESCRIPTION Z WITH A DEVELOPMENT AGREEMENT-PUD);AMENDING THE ZONING MAP OF THE IV CITY OP EAGLE TO REFLECT SAID CHANGE; DIRECTING THAT COPIES OF THIS A parcel of land located in the SW 1/4 of Section 2 T.4 N.,R.1 W.,B.M.,Ada ORDINANCE BE FILED AS PROVIDED BY LAW;AND PROVIDING AN EFFECTIVE County,Idaho,more puticularlydescribed as follows: ID DATE. 1 l WHEREAS,the City of Eagle,Idaho is a numicipal corporation organized and operating under Commencing 1/4 Section Corner common to Sections 2 and 11 of said IC the laws of the State of Idaho and is authorized to annex to and incorporate within the boundaries T.4 N.,R.I W.; of the City contiguous real property in the manner provided by Section 50-222,Idaho Code;and E WHEREAS,the owner of the real Thence North 01°00'54"East,530.79 feet on the section dine common to s aid property situated in the unincorporated area of Ada County Sections 2 and I 1 to the southeast corner of Parcel B,as same is shown on and particularly described in Exhibit"A" of this ordinance has requested,in writing,annexation Survey Number 7178 of Ada County Records,(from which point the Center 1/4 Section of said real property to the City of Eagle;and Corner of said Section 2 bears North 01°00'54"East,2125.23 feet distant); II WHEREAS,the owner of the real property Owed within the City of Erigie and paticuaariY Thence from said southeast corner of Parcel B,North 89°17'12"West,1328.60 described in Exhibit"A"of this ordinance has requested,in writing,a rezone from RUT to R-2- feet on fate aectiotf line to said SeCrions 2 and 1 l to the sottlhwest corner of said DA P;and Parcel B,which point is also the southamt c orne r of Parcel A to sane is shown on said WHEREAS,the property described in Exhibit"A"is identified by the Ada County Assessor's Bern d-of Survey Number 7178,said point being the REAL POFf1I OF BEGIINNING; 't Office as panel number S0402323400;a� Therux continuing North out1?'12"West,1302.99 feet out the southerly 1 WHEREAS,the Planning and Zoning Commission of the City,pursuant to public notice as boundary lice of said Parcel A to s point on the Sec ion lira common to factions 2 and 3 required by law,held a public hearing on May 20,2013,as required by Section 67-6525,Idaho of said T.4 N.,R I W.,said point being t6eamrthwent corner of sutid Pared A; Code,and made a.reconunendetion to the Mayor and Council;and Thence North 00°48'44"East,2125.20 fed on the Section line common to said 1 WHEREAS,the Eagle City Council,pursuant to public notice as required by law,held a public Sections 2 and 3 to the 1/4 Section Corner common to said Sagions 2 and 3,said point hearing on June 25,2013,on the proposed annexation and zoning for the real property described also being the northwest corner of said Parcel A; 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 riming classification of R-2-DAP for the Thence South 89°17'121'East,1302.99 feet on the east west mid-section line of property described in Exhibit"A"is appropriate to mat the of Idaho Code,Eagle said Section 2 to the northerly property corner common to said Parcels A and B of City Code and the Eagle Comprehensive Plan and should be granted. Record-of-Survey Number 7178; NOW,THEREFORE,BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE CITY OF EAGLE,IDAHO,as follows: Thence South 00°48'40"West,2125.20 feet on the property line->., , to said Parcels A and B to the real point of beginning.Parcel contains 63.57 - or less. Seem 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 PREPARED BY: the City,that said property can be reasonably assumed to be used for the orderly development of THE LAND GROUP,INC. I/ , + r the City,and that the owner of said property has requested,in writing,annexation thereof to the 8 I City. James IL Washburn,PLS l L-2a:20 r It 4 The real property,all situated in Ma County,Idaho,adjacent and contiguous to the ere 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. EXHIBIT 4'r 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 '`.,N classification and is hereby included in the-R-2-DA-P zoning classification all pursuant to the Zoning Ordinance of the City of Eagle. The City Council further Gnaw and determines that said zone:change is in accordance with the Eagle Cea sive Nan and relevant City Codes and .4 ., that the Zoning Map of the City is hereby;a�d to include the real property described in 'k Ltl m1 Exhibit"A"in the R-2-DAP zoning district. IDAHO State Tax Commission January 22, 2014 Sharon Bergmann Eagle City Clerk P O Box 1520 Eagle, ID 83616 PO Box 36 • Boise ID 83722-0410 800 Park Blvd., Plaza IV • Boise ID 83712-7742 Subject: Ordinance No. Ord._709 EAGLE (CITY) Dear Ms. Bergmann: RECEIVED & FILED CITY OF EAGLE JAN 2 3 2014 Filo: Route to• 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 061' Equal Opportunity Employer • tax.idaho.gov Hearing Impaired TDD (800) 377-3529