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Ordinance - 2014 - 712 - Annex/Rezone Wilhite - 02/11/2014ADA COUNTY RECORDER Christopher D. Rich AMOUNT .00 BOISE IDAHO 02113114 02;24 PM DEPUTY Lisa Batt Ill IIIIIIIIIIIIIIIIIIIIIIIIIIIII�I III RECORDED- REQUEST OF Eagle Ci 114Q1134 ty ORDINANCE NO. 712 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 -E -DA (RESIDENTIAL - ESTATES 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 R -E- DA; and WHEREAS, the property described in Exhibit "A" is located at 1655 West Beacon Light Road; and WHEREAS, the Planning and Zoning Commission of the City, pursuant to public notice as required by law, held a public hearing on February 6, 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 February 28, 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- E-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] of 3 K COUNC[1. mA Qrdinanws5ord 712 Wilhile.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 Iimits 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 -E -DA (Residential - Estates 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 R -E -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 b: 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. Page 2 of 3 K TOVN[IUDrafl OrdinancesNOrd 112 Wilhite doc DATED this 1 I th day of February 2014. CITY COUNCIL OF THE CITY OF EAGLE a County, Idaho *es D. Reynold &, Miyor �� % %pte + ATTEST: t OF • '1 ' O Sharon . Bergmann, Eagle Cit Clerk = * v �• % r E S STATE OF IDAHO) . ss. County of Ada ) .hG��•. a A o= OF 19.••'� On this day of /' , in the ye �� , b re e, the un ersigned, a Notary Public ' and for said State, p rsonally appeared V, nrL ,known to me to be the MAYOR and CITY LERK 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. `�:'• 4 of i tT leail u Q z C,~d is MAsion Expires: O/ Page 3 of 3 K \COUNC[LtiDmfl Ordinsnces\Ord 712 wlhke.doc Exhibit "A" N w� t S 1 JR '_, LLC Professional Land Surveyor S November 7, 2011 WILRiTE ANNE, XATION DESCRIPTION RUT to R E-DA RECEIVED IF L DE CITY OF EAGLE d�26 2011 MIN& Prohaska Cr. A parcel of land located in Government Lot 1 of Section 6, TAN.,R. I E., B -M., Ada County, Idaho, more particularly described as follows: Commencing at the Northeast corner of said Section 6, from which the North' /. corner of said Section bears N 89017'30" W, 2646.55 feet; Thence along the East line of said Section and the West line of Pony Hollow Subdivision, as same is recorded in Book 96 of Plats at Page 11823, records of Ada County, Idaho, S 00 °24'03" E, 375.97 feet (record S 1'08'50" E, 375.90 feet) to a 5/8" rebar and the REAL POINT OF BEGINNING. Thence continuing S 00 °24'03" E, 889.96 feet (record S 1 °08'50" E, 890.00 feet), to the Southwest corner of said Pony Hollow Subdivision; Thence N 89 °57' 12" W, 489.73 feet (record N 89 °1744" W, 489.62 feet) to a 5/8" rebar; Thence N 00 °23'46" W, 889.87 feet (record N 1108'50" W, 890.00 feet) to a 5/8" rebar; Thence S 89 °57'48" E, 489.65 Feet (record N 89° 17'44" E, 489.62 feet) to the Point of Beginning. Containing 10.00 acres, more or less. 4431 W ir CL m .L) I hi LE EXHIBIT "B" Q C 0 G7 W IS w Em IN i CD M CV N 0 r r Z Ch 0 M L w 40 41 CIP CD MI O C ID, u m N m mz C �Q C SR z GI z E O .E c nG 0 N EU) nr= Cm LU Sap CL- Sm�- j nz 2w N _ m TUJ C � _ G1 Q 01 Yw1 � :E -5 J C CCCF• J mw <�Qd� z m tl E u a O p O F y m c d Y Q C c> C b g tl J s® m Q E a c a,c �f W 0�._S �4aC S N N a S V aap %A3 c7 W o7 13 o Q C 0 G7 W IS w Em IN i CD M CV N 0 r r Z Ch 0 M L w 40 41 CIP CD MI O C ID, u m N m mz C �Q C SR z GI z E O .E c nG 0 N EU) nr= Cm LU Sap CL- Sm�- j nz 2w N _ m TUJ C � _ G1 Q 01 Yw1 � :E -5 FIECEIVE t F LED CITY OF EAGLE FEB :2 1 2014 Valley Times File: P.O. Box 1790- Eagle, Idaho 83616 Route to: LEGAL ADVERTISING PROOF OF PUBLICATION Account: C t o-( Fa S I.L Identification: Crkz.L,tpin t& 140 , +I a- Address: L4 0 t . C;v;c L71 n e Run Dates: Oa_ I -- lot Li' roi34 1-(15,,,LD C6(0 1 L Number Lines ®W Amount 11' ,Y p 4- 3 , - • )C ORDINANCE NO.712 m Z—i-4- /114 13 s-040,'17.{_ crank Thomason, being duly sworn, deposes AN ORDINANCE ANNEXING CERTAIN REAL PROPERTY SITUATED IN THE and says: That he is the Principal Clerk of Y '� 3� r\ 0 UNINCORPORATED AREA OF ADA COUNT IDAHO, CONTIGUOUS TO THE lie Times, a weekly newspaper P CORPORA OF EAGLE,TO THE CITY OF EAGLE,IDAHO; Y y ublished at iqsuotautt F • • iSWICATION OF SAID REAL PROPERTY DESCRIBED jie, Ada County, State of Idaho; that the said (, unow•••lin9I'l S,s/49 pTAGR TRANSMO TO NE-DA (R rITIAL OF ewspaper is in general circulation in the said t AGREEMEArf)y AMENDII@3G THE ZONING MAP ._,--�—" cT SAID CHANGE;DIR ei 0 THAT COPIES OF .ounty of Ada, and in the vicinity of Meridian, v AS PROVIDED BY LAW; AND PROVIDING AN tar, and Eagle, and has been uninterruptedly 33 14 ‘0 1t)34 1;,,1 published in said County during a period of A is a and°merating under 'nty-eight consecutive weeks prior to the first '�"`� ghorizsd to acmes to and locorporate within the boundaries on of this notice, a copy of which is attached va�a -, m provi�bySectioa5o-222,Idaho Code;and hereto, and that the notice was published in veto,sites in the area of Ma ey Times, in conformity with Section 60-108, M�� ,,. •tmgtprotsr$I►" ofthit ordinmxx has requested,in writing,annexation Idaho Code, as amended, for 1 time(s) o ", 1 �,,„ ,. ots;arra e regular and entire issue of said paper, and inns a ipelty situated witbie the city of Eagle and paw printed in the newspaper proper, and not in a o ,,.,, x1anm has revisited,in writing,a>t afromRUTtoR-E- Iplement; and that said notice was published aaa arl► .tRn uonsmodeee ledlePaste'' on the following dates: °l s°°� 1'i ,, „um�t► hchibft"A"is located at 1655 West Beacon Light Rood; Beginning V�v�c1 n�, ( dy r a UO o / si ( epY;o of the City,purse nt to public notice as is : in February 6,2012,as required by Section 67.6525, 2 I (OHM t10S ViS to the Mayor and Council;and ending J.( b,r-ya7 I 7 a a 1`F huant to public notice as required by law,held a public Ilk r yvt rte eM. ■-3/1•, annexation and zoning for the real property ;,,,.Atka VellwalaS 21' _• Sects 674525, Idaho Code,made findings and .<•..r•;.a-, j; should be granted and that a zoning classification of R STATE OF IDAHO ) it"A"is aptnopriwte to meet the requirements of Idaho .I S3IJ Plan and should be graded. /� ', )SS �.t'7iday of ip . in the y OF ADA) +l Q s BY THE MAYOR AND COUNCIL OF THE art , in the year of 2014 me, a Notary Public, personally appeared eePP1' a shads and deduce that the real property�ly known or identified to me to be the person a x Trysrsr►.tn�mn be ].AJL and s by D°'is to ace is subscribed to the within instrument, d`Qty Ihat said propahy can be teeeoeably aanrmed to be used fix the orderly developctent of the City,and that the owner of said propetty has requested,In writ,annexation thereof to the ig by me first d sworn, declared that the City. 5e' are true, a d c owledged to me that -x- ecuted the same. a The real property,all situated in Ada County,Idaho,adjacent and contiguous to the if G i i City,poly described in Exhibit"A"and as generally shown on Exhibit"B",attached here - A , wand included herein by reference,is hereby annexed to the incorporated territorial limits of the / Notary Public for Idaho City of Eagle,Idaho. Resirj('n at Boise ID Seecuse a; The city Council hereby finds and thiamine,duns the real promo particularly M Commission expires: 5 described hi Exhibit "A and genteelly as shown on Exhibit "B", attached hereto and incorporated by reference,is hereby stausaad'from the RUT(Rural-Urban Transition)zoning classification and is hereby included in the R-E-DA(Residential-Estates 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 herby" amended to include the real property described in Exhibit"A"in the R-E-DA wining district- u...41....._4: *Aar rbs._,itivw date of this O tdinance-tll_ffionerty i mesons within T I PO Box 36 • Boise ID 83722 -0410 State Tax Commission 800 Park Blvd., Plaza IV • Boise ID 83712 -7742 May 19, 2014 Sharon Bergmann Eagle City Clerk P O Box 1520 Eagle, ID 83616 Subject: Ordinance No. Ord.-712 EAGLE (CITY) Dear Ms. Bergmann: SCANNED CITY OF EAGLE MAY 21 2014 File: 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 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 Equal Opportunity Employer • tax.idaho.gov • Hearing Impaired TDD (800) 377 -3529 O � � O � C QTQ M I d � CD CD r � n n 0 a CD CD m nm O• En O E3 C � O ,.d a v� eD A O �G nm 3 3 A R Mooncrest Ln lil - 11 N V O W N O N V O O • o �o N 0 F NBi4 Sky PII 0 io i m D G) r— m I d n 0 rev O Ul O O � N eD W N N Cy N � O O I� ~ � N O• En O E3 C � O ,.d a v� eD A �G C CD °• w I•�•I •�°`c^ CD � � b � rte°. cr go CD J � o v, ,oh O C7d K °= a o CD Co 3 3 A R Mooncrest Ln lil - 11 N V O W N O N V O O • o �o N 0 F NBi4 Sky PII 0 io i m D G) r— m I d n 0 rev O Ul O O � N eD W N N Cy N � O O I� ~ � N