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Ordinance - 2014 - 711 - Annex/Zone Patten - 01/14/2014
ADA COUNTY RECORDER Christopher D. Rich AMOUNT .00 7 BOISE IDAHO 01121114 04:18 PM DEPUTY Nikola Olson III I I II I II I II II I II II I I I III I I I II 111111 RECORDED-REQUEST OF Eagle City 114005251 ORDINANCE NO. 711 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-1-DA (RESIDENTIAL WITH A DEVELOPMENT AGREEMENT) AND BP-DA (BUSINESS PARK 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 `B" of this ordinance has requested, in writing, a rezone from RUT to R-1- DA; and WHEREAS, the owner of the real property situated within the City of Eagle and particularly described in Exhibit "C" of this ordinance has requested, in writing, a rezone from RUT to BP- DA; and WHEREAS, the propery described in Exhibit "A" is located at 8811 North 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 March 19, 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 Page 1 of 3 K:\COUNCIL\Draft Ordinances\Ord 711 Patten doc hearing on April 24, 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 R-1-DA for the property described in Exhibit `B" and the requested zoning classification of BP-DA for the property as described in Exhibit "C" is appropriate to meet the requirements of Idaho Code, Eagle City Code and the Eagle Comprehensive Plan and should be granted. 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 "D", 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 "B" and generally as shown on Exhibit "D", attached hereto and incorporated by reference, is hereby removed from the RUT (Rural-Urban Transition) zoning classification and is hereby included in the R-1-DA (Residential 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"B" in the R-1-DA zoning district. Section 4: The City Council hereby finds and determines that the real property particularly described in Exhibit "C" and generally as shown on Exhibit "D", attached hereto and incorporated by reference, is hereby removed from the RUT (Rural-Urban Transition) zoning classification and is hereby included in the BP-DA (Business Park 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"C" in the BP-DA zoning district. Section 5: 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 6: The City Clerk is hereby directed to file, within ten (10) days of passage and approval Page 2 of 3 K:\COUNCIL\Draft Ordinances\Ord 711 Patten.doc 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 7: 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 50-901 A, Idaho Code, may be published. DATED this 14th day of January 2014. CITY COUNCIL OF THE CITY OF EAGLE •i.a County, Idaho es D.Reynolds, ayor oat############ ATTEST: �•.•`�■OF E40 '.,,•• G••© OR Ai a Cc�l--Ca_ a ■giliA v Sharon K. Bergmann, Eagle ity Clerk * SEAL *; STATE OF IDAHO ) *•� OF‘O`'•• . ss. County of Ada ) On this day of L1a,icorii , in the yearo20/4 before me, the undersigned, a Notary Public in and for said State, personally appeared �S „d_ /qe,cpvids and if _ 11., A , known to me to be the MAYOR and CITY CLERK of said municipal corpor. on 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. ••�a....l'.,,, s. • + • 01'A 1' • it Lary P •he r,• * `G RI siding at•L CJ 7.Qadde puo,s % •• y Commission Expires: f,//%a- o2O/6— o>.••••••••°�Q�•�•• 5'14ta' °of 3 K:\COUNCIL\Draft Ordinances\Ord 711 Patten.doc h ;a, rt EXHIBIT "A" L 2 v 2d11 ture •' File: Route to: .LP December 20,2011 DESCRIPTION FOR KENNETH J. PATTEN A parcel of land located in the NE 1/4 of the NE 1/4 of Section 15, T. 4N.,R. 1E.,B.M., Ada County,Idaho,more particularly described as follows: Commencing at the northeast corner of said Section.15,from which the East 1/4 corner of said Section bears South 00°36'57"West,2643.62 feet; Thence South 00°36'57"West, 660.90 feet along the east line of the NE 1/4 to the REAL POINT OF BEGINNING. Thence continuing along said east line South 00036'5r West, 330.45 feet to a point; Thence North 89°43'11" West, 1326.33 feet to a point on the west line of the NE 1/4 of the NE 1/4; Thence North 00°35'31"East, 330.45 feet along the west line of the NE 1/4 of the NE 1/4 to a point; Thence South 89°43'11" East, 1326.47 feet to the POINT OF BEGINNING; Said parcel of land containing 10.062 acres,more or less. Said parcel of land subject to existing easements or right-of-ways of record or in use. �o 11118 0 Izful ►tz = � /4,,„ 0 F 0 �5o ONw HP 1029 N.Rosario Street,Suite 100,Meridian,Idaho 83642 ♦ Ph(208)938-0980 ♦ Fax(208)938-0941 1 of 1 EXHIBIT "B" G future LLP December 20, 2011 R-1 (RESIDENTIAL) DESCRIPTION FOR KENNETH J. PATTEN PARCEL A A parcel of land located in the NE '/4 of the NE '/4 of Section 15,T. 4N.,R. 1E.,B.M., Ada County,Idaho,more particularly described as follows: Commencing at a 5/8 inch diameter iron pin marking the northeast corner of said Section 15,from which a brass cap monument marking the East 1/4 corner of said Section 15 bears South 00°36'57"West,2643.62 feet;Thence South 00°36'57"West along the easterly boundary of said NE '/4 of the NE 'A, 856.35 feet to the POINT OF BEGINNING. Thence continuing along said easterly boundary South 00°36'57"West,-135.00 feet to a point; Thence leaving said easterly boundary North 89°43'11" West,483.00 feet to a point; Thence North 00°36'57"East, 135.00 feet along a line being parallel to said easterly boundary of the NE 1/4 of the NE 1/4 to a point; Thence South 89°43'11" East,483.00 feet to the POINT OF BEGINNING; Said parcel of land containing 1.497 acres,more or less. Said parcel of land subject to existing easements or right-of-ways of record or in use. O*PL LA No 5`'\ STER ; 'p` IQ. Il 11118 0 OF �L'ONW _ �P� 1029 N.Rosario Street,Suite 100,Meridian,Idaho ♦ Ph(208)938-0980♦ Fax(208)938-0941 1 l IG 'le future EXHIBIT "C" 9. LLP December 20, 2011 BP (BUSINESS PARK DISTRICT) DESCRIPTION FOR KENNETH J. PATTEN PARCEL B A parcel of land located in the NE 'A of the NE 'A of Section 15,T.4N.,R. 1E.,B.M., Ada County,Idaho,more particularly described as follows: Commencing at a 5/8 inch diameter iron pin marking the northeast corner of said Section 15, from which a brass cap monument marking the East '/4 corner of said Section 15 bears South 00°36'57"West,2643.62 feet;Thence South 00°36'57"West along the easterly boundary of said NE 'A of the NE 'A,660.90 feet to the POINT OF BEGINNING; Thence continuing along said easterly boundary South 00°36'57"West, 195.45 feet to a point; Thence leaving said easterly boundary North 89°43'11" West,483.00 feet to a point; Thence South 00°36'57"West, 135.00 feet along a line being parallel with said easterly boundary of the NE 'A of the NE 1/4 to a point; Thence North 89°43'11" West, 843.33 feet to a point on the westerly boundary of said NE 'A of the NE 1/4; Thence North 00°35'31"East along said westerly boundary 330.45 feet to a point; Thence leaving said westerly boundary South 89°43'11" East, 1326.47 feet to the POINT OF BEGINNING; Said parcel of land containing 8.565 acres,more or less. coca \ST E pp , - 4- Said parcel of land subject to existing easements or 1 c" right-of-ways of record or in use. a- 11118 0 ... xi 1029 N.Rosario Street,Suite 100,Meridian,Idaho 83642 • Ph(208)938-0980 # Fax(208)938-0941 1 of 1 „�+ m 8 N Z : 2 . At /I C u — (t), b to.t s- y0aI g � Fm I j oQw J_ -J!1� � Y acy `°w W€ g ga 8 a b a d 1h// lh =qv1 w- ; gg I j W 45 zg‹ II x ° ad Cc o OYOa ON38 30HS3SaOH'N ,, d - - ONRIY3B 40 SISYB W ................ 191193 Al.L£9Cm S................ 4,14i N q� s M.L£9Cm s i }Sir=Al , ,00 S .9_[£xm S 0.,,,,,„.• ,c* ! II .. iim� <* m-- -+.4ek— �cna g o gt 1 i/ 16 I wgo °m t 8 1 Jt; a W ® @ I o P g I— P I z ,_o. W. , 8 = I � ° H _ i ° I ce dg I »Lie; W o ,. ° , b - aosrt °< :g` P 8 J 3�S,9C.00 N 3: !� - b yib0, :1 ° 1-, a 88.121E Im c m� a a i. m I'rQ E n z W 4 O mI g Iz t. OF 6 65 _ N . d g ` m Q. ^b W< w g ly 1 iY 5a °sg y g 0_.1,- ?N2y' - � ,Ig g :gib °N g� ' 6 p I I €� to o il i I < ° . 4 WAN a ma -. W 1 1 dgg°�cdg ,T.= s ,31-, ( • I I ::!:!551g!! !:!! 1 1 $„o° ogtl. eg¢ 'a 4.----- uuyyg g __J. 3gbQ<�t ��Sffm9� E. g 1 SS MAHON 31Y1S RECEIVED & FILED Valley Times CITY OF EAGLE P.O. Box 1790- Eagle, Idaho 83616 JAN 242014 LEGAL ADVERTISING PROOF OF PUBLICATION File• 1 r Rou • •Account: \-A-11 a �q (.e- Identification: a—Cu ; even.q_ �°"°- °° I i A r r•,, •J L r,e, Run Dates: 0 C - 1-0 /© l 4 ORDINANCE NO.711 AN ORDINANCE ANNEXING CERTAIN REAL PROPERTY SITUATED IN THE CORPORATE LIMITS AREA FF THE CITY OF EAGLE,TO THE CITYaOF EAGLE,IDAHO; 19 Amount 4:z (� .Snt CHANGING THE ZONING CLASSIFICATION OF SAID REAL PROPERTY DESCRIBED X '1-C-� HEREIN FROM RUT(RURAL-URBAN TRANSITION)TO 11.1-DA(RESIDENTIAL WITH — A DEVELOPMENT AGREEMENT) AND BP-DA (BUSINESS PARK WITH A ' DEVELOPMENT AGREEMENT); AMENDING THE ZONING MAP OF THE CITY OF 13 .5 EAGLE To REFLECT SAID CHANGE;DIRECTING THAT COPIES OF THIS ORDINANCE A parcel trflao omason, being duly sworn, deposes G A ‘,,,j, BE FILED AS PROVIDED BY LAW;AND PROVIDING AN EFFECTIVE DATE. At may,Idaho,says: That he is the Principal Clerk of WHEREAS,the City of Eagle,Idaho is a municipal corporation organized and operating under as a weekly newspaper published at cf the laws of the State of Idaho and is to annex to and�within boundaries at >eCounty, State of Idaho; that the said 13°' "' of the City contiguous real property in the manner provided by Section 50-222 Idaho Code;and tpp bears 660.398saalongther'r is in general circulation in the said A 7.of WHEREAS,the owner of the red property situated in the unincorporated area of Ada County f Ada, and in the vicinity of Meridian, and particularly described Exhibit"A"of this ordinance has requested,in writing,annexation Thence continuing„ Eagle, and has been uninterruptedlylj f - ,5+-1 of said neat property T�raoatNerat89'43'Iled in said County during a period of WHEREAS,the owner of the real property situated within the City of Eagle and particularly NE y,; it consecutive weeks prior to the first dacdbed*Exhibit"B"of this ordinance has requested,in writing,a rezone from RUT to R-1- s notice, a copy of which is attached DA;sod Theme North Etr35'2and that the notice was published in WHEREAS,the owner of the real property situated within the City of Eagle and particularly to ap®isati s, in conformity with Section 60-108, described in Exhibit"C"of this ordinance has requested,in writing,a rezone from RUT to BP- Theme seeth 890431;ode, as amended, for ( time(s) DA;and ir and entire issue of said paper, and Sal Weed of hold WHEREAS,the popery described in Exhibit"A"is located at 8811 North Horseshoe Bend the newspaper proper, and not in a Road;and and that said notice was published Said parcel of land sot' on the following dates: WHEREAS,the -Planing-add Zoning Commission of the City,puma*to public notice as g required by law,held a public hearing on March 19,2012,as required by Section 67-6525,Idaho ig J 0. U. &r'"1 16/ (4• Code,and made a recommendation to the Mayor and Council;and .J WHEREAS.the Eagle City Council,oraaoaot to public notice as required by law,held a public hearing on April24;2012,on the proposedalanexation and zoning for the real property described in Exhibit“A"118 required by Sneerer 674525,Idaho Code,made findings and determined that `' Ct n e a r>, 10 Zip ti. / the requested a 'cxation should be granted and that a zoning classification of R-1 DA for the J property d� in Exhibit"B"and the requested zoning classification of BP-DA for the property as A T oflaud local described in Exhibit"C"is appropriate to meet the requirements of Idaho Code,Eagle City Code Ada Co Y,�I l�¢tih�.i °1" and the Eagle Comprehensive Plan and should be granted. Commencing atas/$ STATE OF IDAHO ) NOW,THEREFORE,BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE CITY 15,front which a larat OF EAGLE,IDAHO,as follows: )$$ ' South iJ0'36'S'}"'Wir boundary of said NE COUNTY OF ADA) astiaiLI: The Eagle City Council hereby finds and declares that the real property particularly lay of in the year of 2014 described in Exhibit"A",attached hereto and incorporated herein by reference,is-contiguous to Meuse eontiotiel the City,that said property can be reasonably assumed to be used for the orderly development of tie Nota ublic, personalty appeared tyre City,and that the owner of said property has requested,in writing,annexation thereof to the p07� 1 or identified to me to be the person Thence • midd subscribed to the within instrument, Section 2: The real property,all situated red in Ada Canty,Idaho,adjacent and contiguous to the 71e fi Uly sworn, declared that the City,particularly described in Exhibit"A"and as generally shown on Exhibit"D",attached here Theme North 00"36'1e tru , d cknowledged to me that to and by reference,is hereby annexed to the incorporated territorial limits of the �' 'of the NE ii2'. e e ecuted the same. Thence South S9'43'1/( &dal:The City Council hereby finds and determines that the real property.particularly Notary Public for Idaho described in Exhibit "B" and generally as shown on Exhibit "D", attached hereto and gaig pal of lad ce ResldJn at oise, ID incorporated by reference,is hereby removed from the RUT(Rural-Urban Transition)zoning classification and is hereby included in the R:1-DA(Residential with a development agreement) said meet eked�}mmission expires: zoning classiticafion all perms*to the Zoning Ordinance of the City of Eagle. The City Council further fiats 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'B"in the R-1-DA zoning district. section.4: The City'Cdnneil hereby finds and determines that the real property.particularly IDAHO State Tax Commission May 12, 2014 Sharon Bergmann Eagle City Clerk P 0 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._711 EAGLE (CITY) Dear Ms. Bergmann: --RECEIVED-& FILED CITY OF EAGLE MAY 14 2014 File: Route tn. The Idaho State Tax Commission (ISTC) received the documentation that was provided for the annexation of real property in EAGLE (CITY), for tax year 2015. 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 1 W\K _.... y,, .024,15 oC? / , 7_,/ /7_, _j___->--;44-ilw Equal Opportunity Employer .idaho.gov • Hearing Impaired TDD (800) 377-3529