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Ordinance - 2016 - 749 - Annex/Zone Lanewood Subd 2 - 02/09/2016ADA COUNTY RECORDER Christopher D. Rich 2016- 012900 BOISE IDAHO Pgs =7 BONNIE 02/16/2016 03:44 PM EAGLE CITY NO FEE II I Ii 1 1 11 l I Ii�ll l 11 11 11 l 11 l l�lll l l l I II I I II I III III 00194190201600129000070071 ORDINANCE NO. 749 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 -P (RESIDENTIAL WITH A DEVELOPMENT AGREEMENT -PUD); 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-P; and WHEREAS, the property described in Exhibit "A" is identified by the Ada County Assessor's Office as parcel numbers SO402427815 and SO402436004; and WHEREAS, the Planning and Zoning Commission of the City, pursuant to public notice as required by law, held a public hearing on October 7, 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 November 12, 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- 2-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 KACOUNCIDDraft Ordinances \Ord 749 Lanewood No 2.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 -P (Residential with a development agreement -PUD) 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 -P 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 KACOUNCIUDraft Ordinances \Ord 749 Lanewood No. 2.doc DATED this 9th day of February 2016. CITY COUNCIL OF THE CITY OF EAGLE Ad un , Idaho L , Stan Ridgeway, Mayor ATTEST: Sharon K. Bergmann, Eagle ty Clerk STATE OF IDAHO) ss. County of Ada ) .•'•• 4 EAGLE ��' O �Q s U s p •i Z L •• 0 O'gQ': •��,, STATE OF,•��,. On this �� day of kbr3t&M , in the year , before me, the undersigned, a Notary Public in and for said State, poisonally appeared STAN RIDGEWAY, 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 P; Residing My Commission Expires: Page 3 of 3 K'ZOUNCIUDraft OrdinancemOrd 749 Lanewood No 2 doe ,,00rrrrrrrq�a •e 0 •, 00000000 Date: June 27, 2013 Project No. 113017 EXHIBIT "A" RECEIVED & .: !LEE ... ....... CITY OF EAGLE . JUL 15 2013 _ File: Route to: THE LAND GROUP, INC. LANEWOOD SUBDIVISION NO.2 ANNEXATION DESCRIPTION A parcel of land located in the West 1/2 of the SE 1/4 of Section 2, T. 4 N., R. l W., B. M., Ada County, Idaho, more particularly described as follows: Commencing at the Section Comer common to Sections 1, 2, 11 and 12 of said T. 4 N., R 1 W.; Thence North 89 °19'36" West, 2644.52 feet on the Section Line common to said Sections 2 and 11 to the 1/4 Section Corner common to Sections 2 and 11; Thence North 01'00'54" East, 504.60 feet on the north -south mid - section line of said Section 2 to the northerly most point on the boundary line of that ACHD right -of- way parcel described in Warranty Deed Instrument Number 95033831 of Ada County Records, said point being the REAL POINT OF BEGINNING; Thence continuing North 01000'5411 East, 823.43 feet on the north -south mid- section line of said Section 2 to the center -south 1 /16th section comer of said Section 2; Thence continuing North 01000'54" East, 19.81 feet on the north -south mid- section line of said Section 2 to the southwest corner of that parcel of land as shown on Record -of- Survey Number 6581 of Ada County Records; Thence on the exterior boundary line of said Record -of -Survey Number 6581 Parcel for the following courses and distances: Thence South 89 040'56" East, 89.61 feet to a point in a drain ditch; Thence North 30 °42'04" East, 203.10 feet along said drain ditch; Thence North 66 °45'04" East, 202.00 feet along said drain ditch; Thence North 82 124'04" East, 120.83 feet along said drain ditch; Thence North 32 °12'04" East, 123.58 feet along said drain ditch; Thence North 05 °36'04" East, 169.00 feet along said drain ditch; Ir Landscape Arrhitectmrr • Site Planning • Gail Enginening • Golf Comrn Irrigation e3' Engineering • Graphic Commmnication 462 E. Shore Drive, Ste. 100, Eagle, Idaho 83616 • P 208.939.4041 F 208.939.4445 • wmv.thelanduQu. 'nc.com THE LAND GROUP, INC. Thence North 29 °02'54" West, 208.77 feet along said drain ditch; Thence leaving said drain ditch, South 86 °52'06" West, 467.96 feet to a point on the north -south mid - section line of said section 2; Thence North 01'00'54" East, 608.55 feet on the north -south mid - section line of said Section 2 to the Center 1/4 Section Corner of said Section 2; Thence leaving said mid - section line, South 89 016'02" East, 1319.88 feet on the east -west mid - section line of said Section 2 to the Center -East 1 /16th Section Comer of said Section 2; Thence South 00 15750" West, 1327.34 feet on the north -south 1 /16th section line of the SE 1/4 of said Section 2 to the Southeast 1 /16th Section Comer of said Section 2; Thence South 00 °57'50" West, 1327.34 feet on said north -south 1 /16th section line to the East 1 /16th Section Corner common to said Sections 2 and 11; Thence North 89 °19'36" West, 710.67 feet on the section line common to said Sections 2 and 11 to a point of curve on the centerline of Floating Feather Road, as same centerline is described in said Warranty Deed Instrument Number 95033831; Thence 392.09 feet on the arc of a curve to the right, said curve having a radius of 430.00 feet, a central angle of 52 °14'42" and a chord distance of 378.65 feet which bears North 63 012'15" West (formerly described as North 63 °09'37" West) on said centerline; Thence North 37 °04'54" West, 254.42 feet (formerly described as North 37 °02'16" West) on said centerline to a point of curve; Thence 153.03 feet on the arc of a curve to the left, said curve having a radius of 430.00 feet, a central angle of 20 °23'27" and a chord distance of 152.22 feet which bears North 47 016'37" West to a point on the north -south mid - section line of said Section 2; Thence North 01'00'54" East, 34.77 feet on said north -south mid - section line of Section 2 to the real point of beginning. Said parcel contains 7,1,3 5 jacres-nwwe, or less. PREPARED BY: THE LAND GROUP, INC. James R. Washburn, PLS iel 27-20 I -x&wpe Amhllww. • Site Planning o G-1 Engineering • Golf Coarse Imgation &Engineering ommumtation 462 E. Shore Drive, Ste. 100, Eagle, Idaho 83616 • P 208.939.4041 F 208.939.4445 • www.thelandgrou2inc.com � Al i im u THE LAND GROUP, INC. Thence North 37 °04'54" West, 254.42 feet (formerly described as North 37 °02'16" West) to a point of curve; Thence 181.89 feet on the arc of a curve to the left, said curve having a radius of 460.00 feet, a central angle of 22 °39'18" and a chord distance of 180.70 feet which bears North 48 °24'33" West (formerly described as 182.38 feet of arc and central angle of 22 042'59 ") to the REAL POINT OF BEGINNING. Said parcel contains 72.93 acres, more or less. PREPARED BY: THE LAND GROUP, INC. James R. Washburn 1 Landscape Arcbaeavre • Site Planning •Civil Engineering • Golf Course litigation & Engineering • Graphic Communication 462 E. Shore Drive, Ste. 100, Eagle, Idaho 83616 • P 208.939.4041 F 208.939.4445 • vnvw.theland ou inc.com W E `O E CL m E N 0 d CL 0 w W m (n 60 W �a �vQ WCD °w rJ c 0 0 �z mF w mZ �z 0 N ° w o N yw M no c � a0 E .6U) W a EQ m2 c -y mS H m 5 m O 0 A W N N L m O O W C C p) t d� 4i W E a W W EW qa r o F- c L- 0 cn () U) U) Q 4-+ I O U ca 2 EXHIBIT "B" co O a N r > r U z a D U u u �� .. W a L) yw ,a La y I ❑ L-21 ❑ ❑ co O a N r RECEIVED & FILED CITY OF EAGLE MAR 0 4 2016 Valley Times P.O. Box 1790 - Eagle, Idaho 83616 Fl1e: -- LEGAL ADVERTISING PROOF OF PUBLICATION privatexnt• t i �w tl� F u�_ Identifir —* ORDINANCE NO. 749 AN ORDINANCE ANNEXING CERTAIN REAL PROPERTY SITUATED IN THE UNINCORPORATED AREA OF ADA COUNTY, IDAHO, AND CONTIGUOUS TO THE CORPORATE LB&IS 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 -P (RESIDENTIAL WITH A DEVELOPMENT AGREEMENT -PUD); 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 trader 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 is the unincorporated area of Ada County and particularly described in Exhibit "A of this ordinance has requested, in wtitlog, 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-P; and WHEREAS, the property described in Exhibit "A" is identified by the Ada County Assessor's Office as parcel numbers SO402427815 and SO402436004; and - WHEREAS, the Planning and Zoning Commission of the City, pursuant to public notice as - required by law, held a public hearing on October 7, 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 November 12, 2013, on the proposed annexation and zoning for the real property described in Exht' bit "A" as required by Section 67 -6525, Idaho Code, made findings and determined that the requested annexation should be granted and thk a zoning classification of R- 2-DA for the property described in Exhibit "A" is appropriate to meet the requirements of Idaho Cade. Faale City Code and the Eagle Comprehensive Plan and should be Rnmted 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 fads and declares that the.real property particularly `i 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 Exhi bit "A" and as generally shown on Exhibit "B", attached hero 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 seal property partiailady 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) liming classification and is hereby included in the R- 3-DA -P (Residential with a development agreement-PUD) zoning classification all pursuant to the Zoning Ordinance of the City of Eagie. 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 -DAP 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 S. 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 requited 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•ree property annexed by this Ordinance. Legal Notices DATED this 9th day of February 2016. February 29, 2016 CTTY COUNCIL OF THE CITY OF EAGLE Idaho Stan Ridgeway, Mayor ,,......,... ATTEST: ? e�O4 oRn rF �► $ V •0 i tie � � « u stiP'' Sharon IC. Bergmam, Bogle ty Clerk��J ATE. STATEOF IDAHO ) : ss. County of Ada . ) On this il day of in the year42g4,, before me, the undersigned, Notary Public in and for said State, y appeared a RIDGEWAY. known to me to be the MAYOR of said municipal corporation that executed this instrument and the persons who executed *a said instrument on behalf of said corporation, and acknowledged to me that such corporation executed the same. In witness whereof, I have hereunto act my hand and affixed my official seal the day and year first wriuen. ,......+ Notary g at � - u I P Residing at: / My Commission Expires: L. 'Exhibit A' LANEWOOD SUBDIVISION NO 2 ANNEXATION DESCRIPTION A parcel of land located in the West 1/2 of the SE 114 of Section 2, T. 4 N., R I W., B. M., Ada County, Idaho, more particularly described as follows: Commencing at the Section Coeur common to Sections 1, 2, 11 and 12 of said T. 4 N, R I W.; Them North 89°19'36" West 2644.52 feet on the Section Lime common to said Sections 2 and 11 to the 1/4 Section Comer common to Sections 2 and 11; Thence North 01°00'54" East, 504.60 feet on the north -south mid4ec6on line of said Section 2 to the northerly most point on the boundary line of that ACRD tigbt-of -- way parcel described in Wazranty Deed fifiU meat Number 95033831 of Ada County Records, said point being the REAL POINT OF BEGINNING; Thance continuing North 01 °00'54" East, 823.43 feet on the north -south mid- section line of said Section 2 to the centa-soul 1 /16th section comer of said Section 2; Thence continuing North 01°00'54" East, 19.81 feet Pn the north -south mid- section line of said Section 2 to the -southwest comer of that parcel of land as shown on Reacul -of- Survey Number 6581 of Ada County Records; Thence on the exterior boundary line of said Record -of- Survey Number 6581 Parcel for the following courses and distances: IDAHO State Tax Commission April 26, 2016 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.-749 EAGLE (CITY) CITY OF EAGLE APR 2 9 2016 R19 - The Idaho State Tax Commission (ISTC) received the documentation that was provided for the annexation of real property in EAGLE (CITY), for tax year 2017. 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(iDt x.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 http://tax.idaho.gov/i-I069.cfm. Sincerely, Craig Johnson GIS Analyst Technical Support Bureau Idaho State Tax Commission Equal Opportunity Employer • tax.1daho.gov 0 Hearing Impaired TDD (800) 377-3528