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Ordinance - 2014 - 716 - Annex/Rezone Creekwater Subdivision - 03/25/2014 ADA COUNTY RECORDER Christopher 0.Rich AMOUNT .00 5 BOISE IDAHO�Qar0ett4 04:55 PM DEPUTY OF III 1111111111111111111111111111111 III Eagle City 114026026 ORDINANCE NO. 716 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-3-DA (RESIDENTIAL 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-3- DA; and WHEREAS, the property described in Exhibit "A" is identified by the Ada County Assessor's Office as parcel numbers S0412110112, S0412110240, and S0412110260, and is located at 3395 and 3577 West Floating Feather Road; and WHEREAS, the Planning and Zoning Commission of the City, pursuant to public notice as required by law, held a public hearing on September 16, 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 October 8, 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- 3-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 1 of 3 K:\COUNCIL\Draft Ordinances\Ord 716 Creek Water.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-3-DA 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-3-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 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 716 Creek Water.doc DATED this 25th day of March 2014. CITY COUNCIL OF THE CITY OF EAGLE Ada County, Idaho A J es D.Reynolds, ay•P ,'00,,,,,,,,.,,, ATTEST: of EAG4 .• ,s r •%F 's Sharon K. Bergmann, Eagle City Clerk v �•"' * SE ALA o .= STATE OF IDAHO ) •"""""'�� : ss. County of Ada ) On this {D day of / , in the yearn??/' bef e me the undersigned, a Notary Publ'c in and for said State, personally appeared'J4MeS e0 #99riol ds and 4 nm 4, A r. , known to me to be the MAYOR and CITY CLERK of said municipal corpo*tion 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 •• 0.01t • 612%---- *• �,� �.• 11C V d `° • a _ Ling � Q 1 , 4.,� Q •e I c y.Commission Expires: ©' / - o26I .fi * ' 1 Page 3 of 3 K:\COUNCIL\Draft Ordinances\Ord 716 Creek Water.doc EXHIBIT "A" O/7, /eiNk Sawta R°Ure 0 to: 470 .= P: (208) 398 8I 04 F: (208} 398-8 05 207 W, Main St, Emmett, ID 836 17 ANNEXATION LEGAL DESCRIPTION FOR PARK HAMPTON LLC. A parcel of land located in the NE1/4 of the NE1/4 of Section 12, T. 4 N., R. 1 W., B.M., Ada County, Idaho, more particularly described as follows; COMMENCING at a found brass cap marking the northeast corner of Section 12; Thence North 89°22'22"West, coincident with the north line of said Section 12, a distance of 616.08 feet to a 5/8" rebar/cap marking the POINT OF BEGINNING; Thence South 0°43'51"West, 860.19 feet to a 1/2" rebar/cap PLS 2881; Thence North 84°31'41" West, 311.35 feet to a 1/2" rebar/cap PLS 2881; Thence South 0°40'00"West, 52.00 feet to the centerline of an irrigation ditch, from which a witness corner bears North 0°40'00" East, 30.00 feet to a 5/8" rebar/cap PLS 11334; Thence North 85°32'00"West, coincident with said centerline 391.87 feet to a point on the west line of the NE1/4 of the NE1/4 of said Section 12, from which a witness corner bears North 0°31'13" East, 38.87 feet to a 1/2" rebar/cap PLS 7323; Thence North 0°31'13" East, coincident with said west line of the NE1/4 of the NE1/4 of Section 12, a distance of 859.66 feet to said north line of Section 12; Thence South 89°22'22" East, coincident with said north line of Section 12, a distance of 704.42 feet to the POINT OF BEGINNING. The above described parcel contains 13.90 acres more or less. Together with and subject to covenants, easements and restrictions of record. O�pl.LA% Carl Porter, PLS o(� End Description ° -- f/ ,� 9it'OF �, PO'�+'S P:\2013113012-CREEKWATER SUB.-ROCK SOLID\Drawings\Descriptions\13012-ANNEX LEGAL.docx Page } 1 EXHIBIT "B" i •••1•:,-"r-,-„ err?',,.„''''.4'.)e 1.•;,, ..... ____ ......._ N4y 3 0 - 113 Pow 0 , 0 - -‘,1.0 I 0 r -- ,..,,,,,x, MI '\;-,,,,,,,,,,‘, ( - p ,..., ; 1 , „„,.,,,.\ , , „,,,,,., , ‘,,,,,,,,N -„,, ,,,, N,,,,,,N ._- , • • -- - • ', , 4 , A A p ---------„.„ „., -,, ......, Ns-, • - A _ ‘ON4N L LAN() 0. 1 .e. 21 r 0 .47 i 0 OF oz., i 40L POS.Cv _ --1 _ ,f ., , ,,, ? f Ai', ,7.' 'i 134r'k, t 4 Pr„r P?( ,rr,r i f-1\ft,,If 7T. ti'e, -,(, ' ANNE),AT10\i rxt-10,' .11( *lie -)e ``, , -1 -,,, r(-)F -- - .. , ,; r,'t.'■`' ) " -1' '' '1 l ' - ) ' (-,[crFKI1 A-,FP -3L 71 , I. _ •. Ilu ,Ail T N 1' 1 , , V .......- *-- -----,.......... ,-...... - - IDAHO State Tax Commission July 3, 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.-716 EAGLE (CITY) Dear Ms. Bergmann: CITY OF EAGLE JUL 0 8 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 5i A o � a �n 0 � p M d � c� r a❑ 0 a c� CD :v w S W 0 0 w 0 e � tvNar ays�afob o 0 >v �� w A mr Go 0 V O C � LY e� c w 0 co wo CA so o � w CA 0 03 �w �w V O. W m LVI O Z m O 0 a Iv rn 4 U -a UOi Z C) m N V O N N V O 0 d v J N V 0 CD --,Move� ton v O F N N O O� F+ I� A Valley Times P.O. Box 1790 - Eagle, Idaho 83616 LEGAL ADVERTISING PROOF OF PUBLICATION Account: of Address: b E . Ct v Ea, 4) RECEIVED & FILED CITY OF EAGLE ANK 2014 File: Route V1 Identification: 0I\- &'i- 2_ c(D • 16. Run Dates: ©g s-3/) 14 Number Lines 2 2 Amount April 7, 2014 Legal Notices ORDINANCE NO. 716 AN ORDINANCE ANNEXING CERTAIN REAL PROPERTY SITUATED IN THE UNINCORPORATED AREA OF ADA COUNTY, IDAHO, AND CONTIGUOUS TO THE CORPORATE LIMITS OF THE CI7 Y OF EAGLE. TO THE CITY OF EAGLE, IDAHO; CHANCING THE ZONING CLASSIFICATION OF SAID REAL PROPERTY DESCRIBED HEREIN FROM RUT (RURAL -URBAN TRANSITION) TO R -3 -DA (RESIDENTIAL WITFI A DEVELOPMENT AGREEMENT); AMENDING THE ZONING MAP OF THE CITY OF bAGLE TO REFLECT SAID CHANGE; DIRECTING THAT COPIES OF THIS ORDINANCE BF 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 mid 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 thi- ordinance has requested, in writing, a rezone from RUT to R -3 - DA; and WIIEREAS, the property described in Exhibit ' A" is identified by the Ada County Assessor's Office as parcel numbers SO412110112, SO412110240. and SO412110260, and is located at 3395 and 3577 West Floating Feather Road, and WHEREAS, the Planning and Zoning Commission of the City, pursuant to public notice as required by law. held a public hearing nn September 16, 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 October 8, 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- 3 -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. 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 Cityand that the owner of said property has requested, in wilting, annexation thereof to the rity - 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 -3 -DA zoning classification all pursuant to the Zoning Ordinance of the City of Eagle. The City Council further fmds and determines that said 1W,BM git atifd0 tf • Thomason, being duly sworn, deposes d says: That he is the Principal Clerk of Imes, a weekly newspaper published at da County, State of Idaho; that the said aper is in general circulation in the said I of Ada, and in the vicinity of Meridian, on 12 Id Eagle, and has been uninterruptedly Iished in said County during a period of ight consecutive weeks prior to the first this notice, a copy of which is attached to, and that the notice was published in rtes, in conformity with Section 60-108, i Code, as amended, for 1- time(s) Talar and entire issue of said paper, and I in the newspaper proper, and not in a ant; and that said notice was published I to a.point on oikthe following dates: witness corner ling t 12 a +ZING; ditch, from Oar/cap PLS Pi the NE1/4 of " 2, a distance 9 Ocord. %tday of 1, a Notary wn or iden ` STATE OF IDAHO ) )SS OUNTY OF ADA ) in the year of 2014 ublic, personally appeared ed to me to be the person to the within instrument, ywom, declared that the k ,a edged to me that r ed the same. is subscribe during regulars me first d ire true, and Notary Public for Idaho Residin ,at Bole, ID M Commission expires: i7 r-!