Ordinance - 2015 - 738 - Annex/Rezone Banbury #8 - 08/11/2015ADA COUNTY RECORDER Christopher D. Rich 2015- 074172
BOISE IDAHO Pgs =7 VICTORIA BAILEY 08/13/2015 01:36 PM
EAGLE CITY NO FEE
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00133073201600741720070073
ORDINANCE NO. 738
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) AND A -R (AGRICULTURAL -
RESIDENTIAL) 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 property described in Exhibit "A" is identified by the Ada County Assessor's
Office as parcel number S0519141830; 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 and A -R
to R -3 -DA; and
WHEREAS, the property described in Exhibit "C" is identified by the Ada County Assessor's
Office as parcel numbers S0519141830 and S0520233606; and
WHEREAS, the Planning and Zoning Commission of the City, pursuant to public notice as
required by law, held a public hearing on September 15, 2014, 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 November 10, 2014, 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
Page 1 of 3
KACOUNCIDDraft Ordinances \Ord 738 Banbury No 8.doc
determined that the requested annexation should be granted and that a zoning classification of R-
3-DA for the property 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 `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 "C" and generally as shown on Exhibit "D ", attached hereto and
incorporated by reference, is hereby removed from the RUT (Rural-Urban Transition) and A -R
(Agricultural- Residential) zoning classifications 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 "C"
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
KACOUNCMDraft Ordinances \Ord 738 Banbury No. 8.doc
DATED this 11th day of August 2015.
CITY COUNCIL OF THE CITY OF EAGLE
Ada County, Idaho
Stan Ridgeway, Counc resident
ATTEST: • VORA?. Q-
O �
S L
Sharon K. Bergmann, Eagle City lerk '•# At
STATE OF IDAHO)
ss.
County of Ada )
On this a, day of �" , in the yeard4 �� , before me, the undersigned, a
Notary Public in and for s "` State, personally appeared.- � known to me
to be the MAYOR of said municipal corporation that eX uted 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.
Page 3 of 3
K:.COUNCILWraft Ordinanccs,.Ord 738 Banbury No. 8.doc
EXHIBIT "A"
F , - 1 '10%
January 24, 14
DESCRIPTION FOR ANNEXATION — PROPOSED R -3 ZONE
PORTION OF PROPOSED BANBURY MEADOWS SUBDIVISION NO. 8
A parcel of land located in the Northeast %4 of Section 19, T 4 N. R. 1 E., B.M., Eagle, Ada
County, Idaho; more particularly described as follows:
Commencing at the East '/ corner of said Section 19, from which the East %4 corner of Section
20, T.4 N., R.1 E. B.M. bears South 8954'12" East, 5319 52 feet. thence along the east boundary of
the Northeast' /4 of said Section 19 North 00°1335" East, 413.00 feet to the northwesterly corner of
Lot 1, Block 39 of Banbury Meadows Subdivision No, 5, as filed for record in Book 89 of Plats at Page
10335, records of Ada County, Idaho, said point being on the existing Eagle City Limits Boundary, and
being the POINT OF BEGINNING;
Thence leaving said east boundary, and along the existing Eagle City Limits Boundary, and a
portion of the northerly boundary of Carlene Estates Subdivision, as filed for record in Book 83 of
Plats at Page 9101, records of Ada County, Idaho, and the extension thereof, North 64 017'39" West.
181.42 feet;
Thence continuing along existing Eagle City Limits Boundary, and said northerly boundary:
Thence South 77 °33'23" West, 157 01 feet
Thence North 00 °16'18" East. 104 81 feet,
Thence North 89`42'17° West (formerly North 89'40'18" West), 456.21 feet:
Thence leaving said existing Eagle City Limits Boundary and northerly subdivision boundary
North 75 020'35" West, 263.08 feet:
Thence North 13 048'12" East, 128.99 feet;
Thence North 82 043'17" East, 109.38 feet;
Thence North 12 029'51" East, 324.33 feet to a point on the existing Eagle City Limits
Boundary;
Thence continuing along said existing Eagle City Limits Boundary:
Thence South 79 °37'22" East, 833.26 feet to a point on the east boundary of the
Northeast'/ of said Section 1.9:
Thence along said east boundary South 00'13'35° West, 524 26 feet-to. the POINT OF
BEGINNING. Containing 10.14 acres, more or less
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EAGLE CITY ANNEXATION - R -3 ZONE
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PORTION OF PROPOSED BANBURY MEADOWS SURD. NO. 8 CD
LOCATED IN THE NE 1/4 OF SECTION 19, T.4N., RJE., B.M.,
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EAGLE, ADA COUNTY, IDAHO I MERID ,, , IDAHO
EXHIBIT C
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MAY 2 2Jgk'iNry 24, 014
File:
DESCRIPTION FOR PROPOSED BANBURY MEADOWS SUBDIVISION NO.8
A parcel of land located in the Northwest % of Section 20 and Northeast 1/4 of Section 19, T 4
N. R. T E., B.M., Eagle, Ada County, Idaho; more particularly described as follows:
Commencing at the 1 corner common to the said Sections 19 and 20, from which the East
corner of said Section 20 bears South 89 °54'12" East, 5319.52 feet, thence along the section line
common to said Sections 19 and 20 North 00013'35" East, 413.00 feet to the northwesterly corner of
Lot 1, Block 39 of Banbury Meadows Subdivision No, 5, as filed for record in Book 89 of Plats at Page
10335, records of Ada County, Idaho, the POINT OF BEGINNING;
Thence leaving said section line, and along a portion of the northerly boundary of Carlene
Estates Subdivision, as filed for record in Book 83 of Plats at Page 9101, records of Ada County.
Idaho, and the extension thereof, North 64 °17'39" West, 181.42 feet;
Thence continuing along said northerly boundary:
Thence South 77`33'23' West, 157 01 feet;
Thence North 00 016'18" East. 104.81 feet:
Thence North 89 °42'17' West (formerly North 89 °40'18' West) , 456.21 feet;
Thence leaving said northerly boundary North 75 °20'35' West, 263.08 feet;
Thence North 13048'12" East, 128.99 feet;
Thence North 82 °43'17" East, 109.38 feet;
Thence North 12 °29'51" East, 324.33 feet;
Thence South 79 037'22" East, 1112.75 feet to a point on the westerly boundary of said
Banbury Meadows Subdivision No. 5;
Thence along said westerly boundary South 00 °14'51" West 232 50 feet
Thence leaving said westerly boundary North 89 °40'10" West. 255.00 feet,
Thence South 00'14'51" West. 95.00 feet:
Thence North 89`40'10" West, 20.00 feet:
Thence South 00°13'35' West, 148.00 feet to the POINT OF BEGINNING. Containing 11.81
acres, more or less. 81ii2n,
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EAGLE CITY REZONE TO R -3 ZONE EfGiri "ERVA"'I PORTION OF PROPOSED BANBURY MEADOWS SUBD. NO. 8 LOCATED IN THE NW 1/4 OF SECTION 20, T.4N., R.1E., B.M., S�L
EAGLE, ADA COUNTY, IDAHO MERIDIAN, IDAHO
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EAGLE CITY REZONE TO R -3 ZONE EfGiri "ERVA"'I PORTION OF PROPOSED BANBURY MEADOWS SUBD. NO. 8 LOCATED IN THE NW 1/4 OF SECTION 20, T.4N., R.1E., B.M., S�L
EAGLE, ADA COUNTY, IDAHO MERIDIAN, IDAHO
Tracy Osborn
From: The Valley Times <editor @valleytimesidaho.com>
Sent: Thursday, August 13, 2015 11:33 AM
To: Tracy Osborn
Subject: RE: Ordinance 738
Tracy,
Receipt confirmed; thank you.
Frank
From: Tracy Osborn [mailto:tosborn @ cityofeagle.org]
Sent: Thursday, August 13, 2015 9:52 AM
To: Frank Thomason
Subject: Ordinance 738
Please publish the attached ordinance one time only on August 17, 2015.
Please confirm receipt of this e-mail.
Thank you!
Tracy E. Osborn, CMC
Sr. Deputy Clerk/Treasurer
City of Eagle, Idaho
660 E. Civic Ln.
Eagle, ID 83616
208 - 939 -6813 ext. 201
Valley Times RECEIVEp
P.O. Box 1790-Eagle, Idaho 83616 CITY OF EAGLI
LEGAL ADVERTISING PROOF OF PUBLICATION
AUG 2 4 2015
/� C File:
Account ( A r !- ix.1 (,,, Identification: `A a si a— t V& , 3 Route to:
---___
Address: 4.4,0 E • et v i I_run � Run Dates: g ' I ) /5
August 17,2015 9 `F Amount ®2 2.2`t p(t~s 2-
e9aI N'iast1ce's _--= A- ,�mn x
oAlvcltra 7s Thomason, -
being duly sworn, deposes
AN FINANCE ANA CERTAIN REAL PROPERTY SITUATED IN THE R of l •says:That he is the Principal Clerk of Z� •'^��`
UNINt�RATED AREA OF AID COUNTY,IDAHO,AND S TO THE ttirns 0f/tf h nes, a weekly newspaper published at �W U,a)
CORPORATE LIMITS OF CITY OF EAGLE, TO IT3Ecrry OF EAGLE,IDA O;ted
CIIANt3ING TH6?t lG CLASSIFICATIi?N OF sAUS REAL r�r , -- )�County,State of Idaho;that the said ___Q-.2..2-4
HEREIN � RUT (RIJRA,-URBAN TRANSITION) AND A-R (AGRICULTURAL. OF per is in general circulation in the said —
�1 TO R-3-DA(RESIDENTIAL wan� A DEV T A �; of Ada, and in the vicinity of Meridian, L{ Z•Z'�
Al4ENDING THE�MAP OF THE CITY OF EAGLE TO REFLECT SAID CHANGE;
DIRECTING THAT rams OF THISORDINAI E BE�,AS PROVIDED BY LAW;„ id Eagle,and has been uninterruptedly
ANDPROVII ANE/TECTIYEDATE, hed In said County during a period of
WHEREAS. a p under dy development ht consecutive weeks prior to the first
�laws of the State of Idaho and to annex to aid within the bomdariea Wen thereof this notice, a copy of which is attached
of lite ' mealy provided 0-2rr; Code;and #o, and that the notice was published in
WHEREAS,As, of contiguous w 7es, in conformity with Sectipn time(s)
,ad d bed in Exhibit"A" in ton,attaehed here'J Code, as amended,for I times)
of said lic att Ey to A enit Top t°"'limits°rthular and entire issue of said paper, and
wlR!As, gA Ada t din the newspaper proper, and not in a
E)HE E parcel Ow Fruber y described in and by Astor s l nt;and that said notice was published
n)and A R A on the following-daates:
WHEREAS,the owner of the, property situated within taw A J w� 11- 2-" l
described in Exhibit"G"of this ordinance Eagle in the R-3-DA
aning t
d Bribed arid requested,in writing,a rezone Om fun`and A-R nt to the Zoning
es that said eme
wllrlu As property described in Exhibit"C"is identified by the Ada 'off and that the
O face as parcel numbers 50519141830 and S0520233606;and Assessor's a in Fathibit C" ,1 i r �S
rig WHEREAS,the Planning and Zoning Commission of the City,pint to �1 pennon public notice at �
required
by law,held a;chile Laing on September 15,2014,as required by Section 67-6525,rs within /`x1�
Idaho
Coded #made a-reconun�to the Mayor and cil;and
,police
WHEREAS,the `City pursuant to public notice as required by law,•held.a public�and approval STATE OF IDAHO)
hearing on November 10,2014,nn property editor,Treasurer,
described in Exhibit "A"as required by Section 6725° made ' COUNTY OF ADA)if
Boise, ,,
(Continued at top of next page,above and at right) r Section 63-21$. (,day of in the year of 2015
prtmerty annexed by this Ordinance. n of the tom`-ie,a Notary P i tc, personally appeared
Willa This shall and be in rem from and a Town or iden r• to me to be the person
publication and larea h a law. In publication of the art it is subscribed to the within instrument,
DATF.0 this t I with 01 Idaho' °. be b is�ed; "nu" by me first duly sworn, declared that the
rofA t2015. 'i are tru ,an acknowledged to me that °
crn° '"cam OF THE CITY OF EAGLE a he executed the same.•
� < , ,,,� Notary Public for Idaho
sum •° "a T Residin at oise, ID
Commission expires:
Ralipalc,„
ATTEST: toSIAP a •
4N;oetcr
TDAFiO
State Tax Commission
September 21, 2015
Sharon Bergmann
Eagle City Clerk
P O Box 1520
Eagle, ID 83616
Subject: Ordinance No
Dear Ms. Bergmann:
PO Box 36 • Boise ID 83722-0410
800 Park Blvd., Plaza IV • Boise ID 83712-7742
ord.-738 EAGLE (CITY)
RECEIVED & i=1U:.0
CITY OF EAGLE
SEP 2 3 2015
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 2016. 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@Lax.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.
Please visit hgp://tax.idaho.gov/i-I069.cfm.
Sincerely,
Craig Johnson
GIS Analyst
Technical Support Bureau
Idaho State Tax Commission
Equal Opportundy Employer • tax.idaho.gov 9 Hearing Impaired TDD (300) 3773529
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