Ordinance - 2020 - 838 - Annexation Of Monticello Estates Subd - 12/03/2020ADA COUNTY RECORDER Phil McGrane
BOISE IDAHO Pgs=5 KRISTINA LOWRY
CITY OF EAGLE, IDAHO
2020-168835
12/08/2020 12:56 PM
NO FEE
ORDINANCE NO. 838
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, Monticello Estates, LLC the owners 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 owners 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, th.e property described in Exhibit "A" is identified by the Ada County Assessor's
Office as tax parcel number Parcel #R7352150000; and
WHEREAS, the property described in Exhibit "A" is located at 1232 North Park Lane; and
WHEREAS, the Planning and Zoning Connnission of the City, pursuant to public notice as
required by Ilaw, held a public hearing on June 1, 2020, as required by Section 67-6525, Idaho
Code, and made a recommendation to the Mayor and Cormcil; and
.Page 1 of 3
KACoUNOLOraft OrdinanceslOP.D 1.38 Monliceiio Estates Sub .doc
WHEREAS, the Eagle City Council, pursuant to public notice as required by law, held a public
hearing on July 14, 2020, 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
(Residential with a development agreement) 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 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 (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 "A" in the R-3-DA (Residential with a
development agreement) 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.
Page 2 of 3
K:\COUNCIL\Draft Ordinances\ORD 838 Monticello Estates Sub .doc
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.
DATED this 3rd day of December 2020.
CITY COUNCIL OF THE CITY OF EAGLE
Ada County, Idaho
Jason Pierce, Mayor
ST:
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racy E • sborn, Eagle City Clerk :
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STATE OF IDAHO )
: ss.
County of Ada )
On this 3 day of Ce`N t (` , in the year to , before me, the undersigned, a
Notary Public in and for said State, personally appeared JASON PIERCE, known to me to be the
MAYOR 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.
Notary k (blic
Residing at:1/4
My Commission Expires: -1 l— 1 2-025
Page 3 of 3
K:\COUNCIL\Draft Ordinances\ORD 838 Monticello Estates Sub .doc
Exhibit "A"
DAVID EVANS
AND ASSOCIATES INC
RECEIVED & FILED
CITY OF EAGLE
FEB 0 5 2020
File:
Route to:
DESCRIPTION FOR
ANNEXATION OF MONTICELLO ESTATES SUBDIVISION
TO THE CITY OF EAGLE
The following describes a parcel of real property being Lot 1, Block 1, Plat of Ray's
Acres, Book 30 Page 1870, Ada County Record's and lying within a portion of the
Northwest Quarter of the Northeast Quarter (NW1/4 NE1/4) of Section 12, Township 4
North, Range 1 West, Boise Meridian, Ada County, Idaho being more particularly
described as follows:
BEGINNING at the North Quarter comer of said Section 12; Thence, along the north
boundary line of said NW1/4 NE1/4, North 89°47'O0" East, 421.19 feet;
Thence, departing said north boundary line, South 00°30'23" East, 33.00 feet to the
south right of way tine of Floating Feather Road and the Northeast comer of said Lot 1;
Thence, along the east boundary line of said Lot 1, South 00°30'23" East, 455.94 feet to
the Southeast corner of said Lot 1;
Thence, along the south boundary line of said Lot 1, North 89°15'45" West, 392.97 feet
to the east right of way tine of North Park Lane and the Southwest corner of said Lot 1;
Thence, North 89°15'45" West, 30.00 feet to the west boundary line of said NW1/4
NE1/4;
Thence, along said west boundary line, North 00°18'21" West, 481.84 feet, to the POINT
OF BEGINNING, containing 4.703 acres more or less and is subject to any easement or
reservations.
Exhibit "B"
ANNEXATION MONTICELLO ESTATES SUBDIVISION
LOT 1, BLOCK 1, RAY'S ACRES
LYING WITHIN THE NW1_ /4 NE1/4 OF SECTION 12,
T. 4 N., R. 1 W., B.M., ADA COUNTY, IDAHO
2020
FLOATING FEATHER ROAD BASIS OF BEARING
N 89'47'00' E 2641.93'
N 89'47'00" E 421.19'
co
-4-
N 0018'21" W
N. PARK LANE
0
Ci
M
S 0018'21" E
39131'
30'
4.703 AC±
TO BE ANNEXED
392.97'
N 8915'45" W 422.97'
CENTER NORTH
1/16 CORNER
ILLEGIBLE
ALUMINUM CAP
0
A
DAVID EVANS
AND ASSOCIATES INC.
9925 Emerald St.
Boise Idaho
Phone: 208-585-5858
NO CAP
6
12 7
NORTH SECTION
CORNER SEC.12
CP&F INST.. NO.
113010324
1 "=100'
LEGEND_
Boundary Line
Section Line
Found Brass Cap (As Noted)
Found 1/2" Iron Pin (As Noted)
culated Point
Idaho Statesman
Keeping you connected I IdahoStatesman.com
AFFIDAVIT OF PUBLICATION
rrE:a E E
S.�2ws r i_. L.7 et r LED
OF EAGLE".
2 I 2020
Account #
1 Ad Number I Identification I PO I Amount I Cols
Depth
263905
I 0004827837
I ORDINANCE NO. 838 AN ORDINANCE ANNEX!'
ORD 838
I $298.48
I 3
11.44 In
Attention: Tracy E. Osborn
CITY OF EAGLE / LEGALS
PO BOX 1520
EAGLE, ID 83616
ORDINANCE NO_ 838
OPC]%4.i OE ANNEXING CEP:TAlN REAL F'RDPEPTr SITUATED IN Tl-E U1:`d6;GRPORATFC ARE:; OF
� c Zil INTY, J.=:ir] ] ^If• (JAI - 'TO J CTVf OEi;-',T' 7HiE CITY r lj THE.
Ii>' iF �. /rnl y l.�I'li�li'dr cU'1>'J 5�I 11 r.s1Mll;: l REAL 'f DESi:k-
E5ED -IE It l E- . ni ;i LI RURAL-1. ,' �y tE.
c` ti r�r T :RURAL -URBAN •;��`.i�151�'ti�;i TO R-M :� EtS G_�'f Td:;� WITH r, t E'_ORii.E1+1T
%.u- E.MET `I AMENDING THE. ZONINGMAP OF 1 H CITY OF EAGLE TO P.EF'•. E T SA: � CHANGE: FJI-
n"= "TII+Jr, C P1 S (71= THIS , i7:.'drV+LE SE FILED AS: PROrVL E3 BY ..., : AND rf1-t7`JIDIP;r
FECTI`JE Cjti E.
Vrl" i r5. the r;'tr 0' r e s it r. Ct;i ce)r;r0ra.00r ",r,E,3r1 ie. ILr>d ., the.
the Sate o! 'rdaho and au to anne.x 77 and lncorkorate vi.thin the I; dares Cr the
uous Tea property 1n the. ,;. proricec: by 5e:iron 5C c22. :daYo
owners �, the r?. (ar)e.t), , ... ,ihe area
Ada County. and prrrrc:.I I' rib2e in Ex .: t .`!' ❑- it 7rd!`, i 7_e. d, in :"e I. ",b ar^ex•
Ton al arc rF .A• of cnC
Cr e. owners o1 ; tl =J'rt£ tirtua aC t5I :.rl 11 r 1 ]''t 4l rr r es :rT1ed in
bit +A' of this ordInanc2 -:as requested . writing. 3 r nL To R 3-DN: ant
property cesc 3e- rn �c b t '' " is rc en: ep d L c my . _ iP _or's ',iftice as tax
:•1 I ,rr1 re. Parcel • R7352i 50000; rrc`
's,'1 5, the p,secrt,c'nC.nro d in Exhlbitulr, 'A" is 14CateL t 1232 Ko7t.. Merit Lal?C one
ar.d 1 on: ❑ f O7misstan of the_. Lr y, p'''',.1E,Ant. to Dub Iir nonce F:,u re0 Cy+
to lie i :iublit ."ea rs••; on 1, 2 26. as rc0i-r3u s1 Sec`...ri 67-5
r ~, � 525, fdahO Code, r••lar made a;
re onh .endat r: l to -hn q-3vor and Co: cl:; and
'A"°'H ; e:i, A Lr v ``au ri _r Sri to public notices rear: red by hay,. ne.d a public hearing on
..Ju 14, 202Ci on the prcpcse.d. ie .ltl jr. and Lc ' rig tC' the r ee orcac'ey. ds^.scrJrd in E.cihl;i, ''
Lp •..Jr" Code node indi • ,•3r- ::I -IL r' rl}?si t '. J tI +. rr L4'ir �ti d annixat&on
sh JIc C•e g ited apt ziar. on.. g C ss t1La:Jr- Rs, DA side. tr8l eir,± a d velCpm E t cc _nni
fur the �rcoe.-1 .ies..r:bed in Ex.hinrt :t i:!opropriate to hr .t. G-' recuire er:ts Cf ,d8^ Code, =aE.le
;i c'c a * I'le Eagle''. r1.3 Rh li;ive Pla : am sl auld be it ,itrod".
pal,, . T�.. ORE• Si:. IT ORDR,.'V_r BY THE M... OR AND LiJT',iC C:.A{a OF THE "'! '::;. _.LE. IDAHO, as
fu; S,
Section 1: 71Lie Eagle .'il), L ....r1CI. 11.6reby Inds air( declares ;hat the real „�r;ype.r.y n ri ' n ,'trl �i�•:rF
bed lit Lx:h1Ctt Fa' a ,__h2c hero7o and incorpr]ra'.d herein M',• reference is -C :cizpou_ :O the t` tj, that
said Orrae:•( l.ar, h reasorabl'y assured to be used for Pte7ly de elop-ne-rt t ._ ;: C-ty, .dnc trot
the .:r, ,r cr said ps•:),dar'„' has requesre;I. " +ir;lir:.;, rhn a'I Di tlhe'eui Ir. the i eiy.
Section 2 r n oce ty, aEi situated in Ada. County, icaho, ad! e it and crti�:.�^us thu City,
7c urc:i y i sc stie.J ;r Exhibit "A" and as general a C'° n on ExhiJr. c... attaohed h2 e I grid L: e .
her w 1 by rete e, is hereby annexed to We inrx oor to i ierr tC' I I •-nIrt Cl' .
Section 3: The Cit.,.Cc nc i hereby finds and determines :hat :1 e :l prvpe y i eft CLi r.�' dE _r:bed in
+rIC:'t „A„ c"C nerallis as sh+il[rri on E.xhibrt "�" attached ne`etc ard incorporated by =r� F_ra
� r„e, is
i re(3 re'"1C, .i fr or the. `i11 T :1aIt u i v L Jaall c!t ,nU s Ile it IC 4 In the
ar en< 2,g ee Tee, zoning LI S_,Ir3, or a r pur.,.L?rtt to the ,=_ ng C'r1F
^•an r . the CFty of Eagle. The Csty Cr r:' further finds ,:-ri data , nes ~at said Z rr. -d r in ::c-
.;°. izi a with the Fer'�fe Cv'nprehensitie Plan .erio + r y Codes that the rr ?,f E i the.
,y ,heiehy ari ndii d in: i ii l' rh-? rAi;2if propertydes€_f .J,Ec inEi,l•: J:1' in the 14 2•0 i ,Rn iden al
'.th a. tevelopmet ag eer: en z-n _ dr strict..
Section 4 Fro:ri and alto the chic ve date of this Orc name, a proper'.', enc pars°ons svi.r• rr the
bartn•d. ,; ^: story des..,:u._r aC :'. ° _ be subject 'e ai :J"Circa "�s, r salur-.1 ,
.a.:. i]i :I territory v�rr' n ci•; u�t:. 7• � ��.� roar
Hans. taxaDon, an: other poises of t`z ii of Eas.i?
Section 5 the C:ty C'erk i5 °ti:i i r ..c to £°ithr• '-n (10) da;. s o: G=ante r '.e arid a, prz a'
this, Or,1 riance, a caret. .r .. , Of 'r;7•, or the r,.-d ` -..ss.. , .ri... ce
SC C` At?. ^County, Ida ant 'th i,E- d'.�}'G S. ter Tax c7mmisr„n r rda r~ ec rc �Jti S
tic,-; ; r 21 Idaho ccde, anj} x=-or .h the p ). siJ na Seption 3-2 5. Idaho nr,. '£ th re- 3
II, ?oaratio1 a t l Iir1," of e 'nap, arie. !.J s6.i;)..;or 0 ii r„! or.13E`1'y Crin...:ed by this
-xr
Section 6: This Ord -dice I to ;e ct in force and rtr, l'_ ❑ass ?e, approval, anti
J, ;:dt30n aS r9Qiiir9,3,1. It li' ar : ,!^;rr" . l ":he en e t t: rlr•:: ..: ti. 11 1.. ,I b!E:I; In ur+nl-
a:•'-rCe wilt! S+ 'iOn y� aC C3hc, ^:idG. ?} b%
B may be re're',ved t L=a,e C ty Ln. Eagle, Idaho during regular Lusi+ness
h iurs,
DATED this 3rd day of Decerr:cr
err? COUNCIL OF THE CITY OF EA:; '-L
Ada County, Idaho
Jason Pierce, Mayor
VICTORIA RODELA, being duly swam,
deposes and says: That she is the
Principal Clerk of The Idaho
Statesman, a daily newspaper printed
and published at Boise, Ada County,
State of Idaho, and having a
general circulation therein, and which
said newspaper has been
continuously and uninterruptedly
published in said County during a
period of twelve consecutive months
prior to the first publication of the
notice, a copy of which is attached
hereto: that said notice was published
in The Idaho Statesman, in conformity
with Section 60-108, Idaho Code, as
amended, for:
1 Insertions
Beginning issue of: 12/11/2020
Ending issue of: 12/11/2020
(Legals Clerk)
On this 11th day of December in the
year of 2020 before me, a Notary
Public, personally appeared before
me Victoria Rodela known or
identified to me to be the person
whose name subscribed to the within
instrument, and being by first duly
swom, declared that the statements
therein are true, and acknowledged to
me that she executed the same.
)c,Y ITU
Notary Public in and for the state of
Texas, residing in Dallas County
E
L
AMA. DA DAWN GBIS?- A.41
Xtrd ehanp°Ctit lost or.duplicate 'affidavits. '3
egal doctfrent please do root destroy!
Tracy E. Osborn, Eagle City CI
STATE OF IDAHO
County of Ada
}
ss.
On this day of , in the year . „ before me, the undersigned a t~{atary
Rubric in am said State; personally appeared JASCN Pir E, known to me to be the MAYOR of sa d
municipal corppratio that executed this instrument and the persons who executed the said instrument
an behalf of said corporation, and acknowledged to rr,e that such corporation executed the same.
In witness whereof, l have hereuntoset my hand and affixed my official seal the day and year first writ-
ten,
Notary Public
Residing at
My Commission Expires:.
EXHIBIT A
DESCRIPTION FOR
AN6 XAT1ON OF MONTIC€LLO ESTATES SUB, !VISION
TO 11-IE CITY OF EAGLE
The following describes a parcel a real pru p Ely° being Lot 1, Block 1, Plat of Rays Acres, Rook 30
Page 1870Ma County Recorti's and Iy�'n; Rsa�ti7in a portion of the Northwest Quarter of the Northeast
'garter (Htrrl/4 NE1/4) of Secton: 12, Townsh€p 4 North, Range 1 West, Boise Meridian, Ada County,
oho beingmore particularly described as follows_
BEGINNING at the Nertti Quarter corner of said Section 12; Thence, along the north boundary line of
said Non/4 NE1/4, North 4700" East, 421.19 feet;
Thence, departing said north boundary line, South '3c123° East, 33.CO feet to the south right of riay
line of Floating Feather Road and the Northeast corner of said Lot 1;
Thence, ales p__ the east boundary line of said Lot 1, South 00'30'23r' East, 455.94 feet to the Southeast
comer Of sad Lot 1;
Thence, along the south boundary line of said Lot 1, North 89`15'45" 'Vilest, 392.97 feet to the east
Tight of way lime of North Park Lane and the Southwest corner of said Lot 1;
Thence, North 89'15'45" West, 30.00 feet to the west boundary Erne of said NW1/4 NE1/4;
Thence., along said west boundary lure, North 0Q'18'21" West, 481.84 feet, to the POINT OF BEGIN-
NING,corit ring 4.703 acres inure or less argil rs subject to any easement or reservations.
IDAHO
State Tax Commission
December 31, 2020
PO Box 36 • Boise ID 83722-0410
11321 W Chinden Blvd • Boise ID 83714-1021
RECEIVED 13; FILED
CITY OF EAGLE
JAN 0 8 2UZ1
File:
Route to: m,
Tracy Osborn
Eagle City Clerk
P O Box 1520
Eagle, ID 83616
Subject: Ordinance No. ord._838 EAGLE (CITY)
Dear Ms. Osborn:
The Idaho State Tax Commission (ISTC) received the documentation that was provided for the
annexation of real property in EAGLE (CITY), for tax year 2021. We approve and recognize the
map and legal description; however this approval and recognition is limited to the
acknowledgement that the map and legal description meet the requirements of Idaho Code Section
63-215, and IDAPA 35.01.03, referred to as the Idaho Property Tax Administrative Rules.
Find current year information about taxing district change requests at the Current Status Web page.
Please visit http://tax.idaho.gov/i-1069.cfm.
Sincerely,
Geographic Information Systems Division
Technical Support Bureau
Idaho State Tax Commission
Phone (208) 334-7750
Email gis@tax.idaho.gov
CC:
Robert McQuade, Ada County Assessor
Phil McGrane, Ada County Clerk
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Equal Opportunity Employer • tax.idaho.gov • Hearing Impaired TDD (800) 377-3529
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