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Ordinance - 2016 - 730 - Annex/Rezone Gated Garden Subdivision - 02/09/2016ADA COUNTY RECORDER Christopher D. Rich 2016.012901 BOISE IDAHO Pgs =6 BONNIE 02116/2016 03:44 PM No EE EAGLE CITY 111111111111111111lllll111111111111111111 11111III ORDINANCE NO. 730 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 MU -DA (MIXED USE 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 MU- DA; and WHEREAS, the property described in Exhibit "A" is identified by the Ada County Assessor's Office as parcel numbers R1006840220 and SO424325565; and WHEREAS, the Planning and Zoning Commission of the City, pursuant to public notice as required by law, held a public hearing on October 6, 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 December 16, 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 determined that the requested annexation should be granted and that a zoning classification of MU -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 KACOUNCIUDrafl Ordinances \Ord 730 Gated Garden.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 MU -DA (Mixed Use 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 MU -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 KACOUNCIDDraft Ordinances \Ord 730 Gated Garden.doc DATED this 9th day of February 2016. CITY COUNCIL OF THE CITY OF EAGLE Ada ounty, Id Stan Ridgeway, Mayor ATTEST: Sharon K. Bergmann, Eagle Citj Clerk STATE OF IDAHO) ss. County of Ada ) CJoRAT�1 : + •Z � s• Sti �' q J "Popl. 60 �'••..rATE 4'_..•. On this �_ _ day of C-e , in the year--JO/�- , before me, the undersigned, a Notary Public in and for said State, per onally 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 PP Residing at: My Commission Expires: Page 3 of 3 K \COUNCIUDraft Ordinances \Ord 730 Gated Garden doe R S • v o� •,��••�_ STATE � �`��,', April 10, 2015 Project No. 113022 EXHIBIT "A" THE LAND GROUP, INC. GATED GARDEN SUBDIVISION DESCRIPTION A parcel of land being Lot 23, Block 1 of Bodily and Bunderson Springs Subdivision No. 2, and a portion of the Northwest One Quarter of the Southwest One Quarter of Section 24, Township 4 North, Range 1 West, Boise Meridian, Ada County, Idaho, more particularly described as follows: Commencing at the One Quarter Section Corner common to Sections 23 and 24 of said Township 4 North, Range 1 West (from which point the Section Corner common to Sections 23, 24, 25 and 26 of said Township 4 North, Range 1 West, bears South 00 °4725" West 2647.18 feet distant); Thence from said One Quarter Section Corner, South 00 °47'25" West a distance of 299.97 feet on the Section Line common to said Sections 23 and 24 to the POINT OF BEGINNING; Thence South 89 °34'13" East a distance of 468.60 feet, a portion of said line being on the northerly boundary line of Lot 23, Block 1 of Bodily and Bunderson Springs Subdivision No. 2, as same is shown on the Plat thereof recorded in Book 60 of Plats at Page 5936 of Ada County Records, to an angle point of said Lot 23, Block 1; Thence on the exterior lot line of Lot 23, Block 1 of said Bodily and Bunderson Springs Subdivision No. 2 for the following courses and distances: Thence South 00 °47'25" West a distance of 30.47 feet; Thence South 89 °32'02" East a distance of 160.19 feet; Thence South 34 °42'56" East a distance of 192.72feet; Thence South 89 °10'32" East a distance of 265.53 feet; Thence South 77 °49'58" East a distance of 332.99 feet; Thence South 00 °4359" West a distance of 766.80 feet (formerly described as 766.63 feet) to a point on the northerly boundary line of Lazy P Subdivision, as same is recorded in Book 103 of Plats at Page 13931 of Ada County Records; Thence North 89 °32'03" West a distance of 714.86 feet on the northerly boundary line of said Lazy P Subdivision to the southwest corner of said Lot 23, Block 1; Thence North 00 °51'50" East a distance of 669.57 feet on said lot line of Lot 23; LamCrcape Arrhitednrr # Site Planning e Civi/ Enginertimg Go/f Course Irrigation & Engineering • Graphic Communication 462 E. Shore Drive, Ste. 100, Eagle, Idaho 83616 • P 208.939.4041 F 208.939.4445 • www.thelandgrourinc.cum Page 1 of 2 ri r0 THE LAND GROUP, INC. Thence leaving the exterior lot line of said Lot 23, North 68 °49'28" West a distance of 531.21 feet to a point of curve; Thence 35.53 feet on the arc of a curve to the left, said curve having a radius of 100.00 feet, a central angle of 20 °21'12 ", a chord bearing of North 79 °00'03" West and a chord distance of 35.34 feet; Thence North 89 °10'39" West a distance of 86.73 feet to a point on the Section Line common said Sections 23 and 24; Thence North 00 °4725" East a distance of 159.27 feet on the Section Line common said Sections 23 and 24 to the point of beginning. Said parcel contains 16.99 acres more or less. PREPARED BY: THE LAND GROUP, INC. James R. Washburn AV Landscape Arrbiteclnre • Site Planning • Civil Engineering • Golf Caine Irrrgolion & En &neenq & Graphic Comeunnirolion 462 & Shore Drive, Ste. 100, Eagle, Idaho 83616 • P 208.939.4041 r 208.939.4445 • www.thelancl rc uvinT.com Page 2 of 2 t m m is W W `o E O. E C O N CL ny Ww , v1 F. O qa `mX �a a o� w � J o 0 yO U Z CO d Q 6 d Z C Z d � � O LL tl � w v N W = d w m �O C H a0 EZ EQ L- 0 U) U) a) U) O U ca 2 o CD m E °o a LU � Q N N N 1 CD 0 y a Q N N O a! t ■ ❑u❑❑ co 0 a N Crry � AQ6 u V alley rimes MAR 0 4 2016 P.O. Box 1790 - Eagle, Idaho 83616; LEGAL ADVERTISING PROOF OF PUBLICATION Account Identification: (J AA4e)" IAA Q , Adrircace- D r—. G t" J c, � Axx e, _ _ .. Run Dates: February 29, 2016 'Exhibit A' Legal Notices GATED GARDEN SUBDIVISION DESCRIPTION ORDINANCE NO. 730 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 TRANSMON) To MU-DA Ov Dm USE WITH A DEVELOPMENT AGREEMENT); AMENDING THE ZONING MAP OF THE CITY OF EAGLE TO REFLECT SAID CHANGE; BE FILED AS PROVIDED BY LAW; AND PPROVIDING AN EFFECTIVE DATE. ORDINANCE 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 provi ded 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 MU- DA; and WHEREAS, the property described in Exhibit "A" is identified by the Ada County Assessor's Office as parcel numbers R1006840220 and SO424325565; and WHEREAS, the Planning and Zoning Commission of the City, pursuant to public notice as required by law, held a public hearing on October 6, 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 December 16, 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 determined that the requested anne;cauon should be granted wad that a zoning classification of MU -DA for the property described in Exhibit "A" is appropriate to meet the requirements of Idaho Code, We 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 The Eagle City Council hereby finds and declares that the real Property Particularly described in Exhibit "A ", attached hereto and incorporated herein by re%renoe, 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 ix Use with development Transition) j classification and is hereby included in the MU-DA (M' 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 MU -DA zoning district A parcel of land being lot 23, Block 1 of Bodily and Bunderson Springs Subdivision No. 2, and a portion of the Northwest One Quarter of the Southwest One Quarter of Section 24, Township 4 North, Range 1 West, Boise Meridian, Ada County, Idaho, more particularly described as follows: Commencing at the One Quarter Section Comer common W Sections 23 and 24 of said Township 4 North, Range i West (from which point the Section Corner common to Sections 23, 24, 25 and 26 of said Township 4 North, Range 1 West, bears South 0(r47'25" West 2647.18 feet distant); 'Thence from said one Quarter Section Corner, South 00 47'25" West a distance of 299.97 feet on the Section tine common to said Sections 23 and 24 to the POINT OF BEGINNING; Thence South 89'34'13" East a distance of 468.60 feet, a portion of said fine being on the northerly boundary line of Lot 23, Block 1 of Bodily and Bunderson Springs Subdivision No. 2, as same is shown on the Plat thereof recorded In Book 60 of Plats at Page 5936 of Ada County Records, to an angle point of said Lot 23, Block 1; Thence on the exterior lot line of Lot 23, Block 1 of said Bodily and Bunderson Springs Subdivision No. 2 for the following courses and distances: Thence South 00`47'25" West a distance of 30.47 feet, Thence South 89'32'02" East a distance of 160.19 feet; Thence South 34'42'56" East a distance of 192.72feet; Thence South 89'10'32" East a distance of 26553 feet, Thence South 77'49158" East a distance of 332.99 feet; Thence South 00'43'59" West a distance of 766.80 feet (formerly described as 766.63 feet) to a point on the northerly boundary line of Lary P Subdivision, as same Is recorded in Book 103 of Plats at Page 13931 of Ada County Records; Thence North 89'32'03" West a distance of 714.86 feet on the northerly boundary line of said Lazy P Subdivision to the southwest comer of said Lot 23, Block 1; Thence North 00'51'50" East a distance of 669.57 feet on said lot line of Lot 23; Thence leaving the exterior lot line of said Lot 23, North 68'49'28" West a distance of 531.21 feet to a point of curve; Thence 35.53 feet on the arc of a curve to the left, said curve having a radius of 100.00 feet, a central angle of 20'21'12 ", a chord bearing of North 79'00`03" West and a chord distance of 35.34 feet; Thence North 89'10'39" West a distance of 86.73 feet to a point on the Section Line common said Sections 23 and 24; Thence North 00'47'25" East a distance of 159.27 feet on the Section Line common said Sections 23 and 24 to the point of beginning. Said parcel contains 16.99 acres more or less. PREPARED BY: THE LAND GROUP, INC. 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 83712-77 ord.-730 EAGLE (CITY) CIN OF EAOiE APR 2 9 2016 File: ROUM lw.. 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(a,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. Please visit hqp://tax.idaho.gov/i-I069.cfm. Sincerely, Craig Johnson GIS Analyst Technical Support Bureau Idaho State Tax Commission Equal Opportunity Employer • tax.1daho.gov • Hearing Impaired TDD (800) 377-3529 V IV, 00 I! 00 00 A w eb O F 0 0 N O O O s N � 0 W .a W O W Z F M�Fp Cl � o W O O A N � rA, V O aD � N N N p E. 0 S✓ � a y CD e� CDO A'+ 5'c o 'IQ �—y C -D W :z o W '6b PW o�0,,CD obd aC o � � �r CD C. O O .t Et (D A) F 0 0 N O O O s N � 0 W .a W O W Z F M�Fp Cl � o W O O A N � rA, V O aD � N N N p