Ordinance - 2021 - 850 - Zoning Change For Moss Creek Sub - 07/13/2021 ADA COUNTY RECORDER Phil McGrane 2021-108299
BOISE IDAHO Pgs=6 BONNIE OBERBILLIG 07/20/2021 11:11 AM
CITY OF EAGLE,IDAHO NO FEE
ORDINANCE NO.850
AN ORDINANCE ANNEXING CERTAIN REAL PROPERTY SITUATED IN THE
UNINCORPORATED AREA OF ADA. COUNTY, IDAHO, ANTI) 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-5-DA-P (RE,SIDENTIAL
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 PRO1%TDEI) BY LAW; AND PR.OVIDNG AN
EFFECTIVE DA I.'L,
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, 5806 W. State Street, 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-5-
DA-P; and
WHEREAS, the property described in Exhibit "A" is identified by the Ada. County Assessor's
Office as tax parcel numbers S0411346600, S0411346750,and S0411437900;and
WHEREAS, the Planning and Zoning Commission of the City, pursuant to public notice as
required by law, held a public hearing on October 19, 2020, 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 8, 2020, on the proposed annexation and zoning for the real property
described in Exhibit "A" as required by Section 6 i'-6525, Idaho Code, made findings and
determined that the requested annexation should be granted and that a zoning classification of R.-
5-DAP 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
if:d}JiTriC(LJ)r4a 0 n z crs\O1)850.Mossaetk Soc.dx
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-5-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-5-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.
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K:\COUNCIL\Draft Ordinances\ORD 850-Mosscreek Sub.doc
DATED this 13h day of July 2021.
CITY COUNCIL OF THE CITY OF EAGLE
Ada County, Idaho
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Jisonyierce, Mayor
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STATE OF IDAHO )
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County of Ada )
On this 1 day of , in the year 2 0 21 , before me, the undersigned, a
Notary Public in and for said Sta , 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.
c• SENe r" A C/
•.��-� •.••••••••./4 I. Notary 1C ublic
2 �O• �A�Y Residing at: O`ci-2�
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• MyCommission Expires: 4 2- 2(O 2.5
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Page 3 of 3
K:\COUNCIL\Draft Ordinances\ORD 850-Mosscreek Sub doc
Exhibit "A"
9955 W Emerald St
• 1 DAHISC C� Boise, ID 83704
SURVEY Phone (2 � F1'.ED
Fax: (208 g/4- 344GLE
GROUP MAY 2 Z 202J
Moss Creek File:
Boundary Description Route to:
October 9,2019
A parcel of land being a portion of the SW 1/4 and a portion of the SE /4 of
in the
Section 11, Township 4 North, Range 1 West of the Boise Meridian, located
City of Eagle, Ada County, Idaho, more particularly described as follows:
Commencing at the Southeast cornerfrom
WeS h5253 73 feet;
ich the
Southwest corner of said Section 11 bears North 89°27'15"
thence along the South line of the SE 1/4 of the orner E 1/o4 of
of said
said S Section 11;1 , North
89°27'32" West, 1313,70 feet to the East 1/16
hence
along the East line of the SW 1/4 of thouth ast 1 f16 orner of sa d Sect on 11,
id Section 11, North
00°40'33' East, 1,323.59 feet to the S
also being the Northeast corner of Eaglefield Village Subdivision,
ision, as filed
along the North
in Book
114 of Plats at Pages 16805-16807, Ada County Records;
line of said SW1/4 of the SE 114, also being 29North line of
said Eaglefield
Village Subdivision, North 89°25'12" West, t the caer of
said Eaglefield Village Subdivision and the REAL POINT OF BEGINNING;
thence along the West line of said Eaglefield boundary line of thatcertain parcelh
00°40'23" West, 572.68 feet to the exterior
described in a Quitclaim Deed, recorded as Instrument No. 106021555, Ada
County Records;
thence along said exterior boundary line the following six (6) courses and
distances:
North 66°30'18" West, 413.92 feet;
North 75°55'57" West, 25.02 feet;
North 36°31'10" West, 53.63 feet;
North 77°59'42" West, 443.56 feet;
North 83°43'45"West, 347.67 feet;
North 84°50'58" West, 224.33 feet;
thence leaving said exterior boundary line, South 00°32'44" West, 951.26
feet to the Northerly right-of-way line of West State Street (State Highway 44);
ISG IDAHO 9955 W Emerald St
SURVEY Boise, ID 83704
GROUP Phone: (208) 846-8570
Fax: (208) 884-5399
thence along said Northerly right-of-way line, South 86°40'23" West, 20.05
feet to the exterior boundary line of that certain parcel described in a Personal
Representatives Deed, recorded as Instrument No. 2017-036648, Ada County
Records;
thence along said exterior boundary line the following two (2) courses and
distances:
North 00°32'44" East, 717.60 feet;
North 89°27'29" West, 933.81 feet to the exterior boundary line of
that certain parcel described in a Quitclaim Deed, recorded as
Instrument No. 112138082, Ada County Records;
thence along said exterior boundary line the following two (2) courses and
distances:
North 00°32'44" East, 457.82 feet;
South 89°26'46" East, 297.00 feet to the Southwest 1/16 corner of
said Section 11 and Southwest corner of The Preserve Subdivision
No. 3, as filed in Book 108 of Plats at Pages 15317-15319, Ada
County Records;
thence along the North line of the SE 1/4 of the SW 1/4 of said Section 11,
also being the South line of said Preserve Subdivision No. 3, South 89°26'12"
East, 1313.69 feet to the Center-South 1/16 corner of said Section 11, also being
the Southwest corner of Eaglefield Estates Subdivision No. 1, as filed in Book 100
of Plats at Pages 13150-13157, Ada County Records;
thence along the North line of said SW 1/4 of the SE 1/4, also being the
South line of said Eaglefield Estates Subdivision No. 1, South 89°25'12" East,
786.46 feet to the REAL POINT OF BEGINNING.
Containing 21.60 acres or 940,750 square feet, more or less.
End of Description. S\oNk LAND SG
F
O
W't
tiN G--
UNPLATTED THE PRESERVE EAGLEFIELD ESTATES 1
SW 1/16 SUBDIVISION NO. 3 C-S 1/16 SUBDIVISION NO. 1 SE 1/16
_ _ - L5... - N89'26'12"W 1313.69' S89'25'12"E 786.46' N89'25'12"W
a --
-- A -- -- - - - a _ _ .
w 529.98'
REAL POINT cco p
N OF BEGINIING 1 N a/v
INST. NO. N ' ±21.6 ACRES L3 N83'43_45"W 10 1.
1 12138082 0 Ill 347.67 �759'42"W L2 r 1 i
z 443.56, I N EACLEFIELD I N
_ t 6 1 o VILLAGE '?N
N89'27'29"W 933.81' INST. NO. L1 6 30'18, 1 o SUBDIVISION w til
1 �_ 106021555 413•92\..1' FA r,� J L y�
r� 1�
I INST. NO. r; o b Co 1-•.
'� 2017-036648 W�i 11 \, IDS I z �-
N1
NI UNPLATTED NII �, N' UNPLATTED s r.
05
oil v,
-7 z11
11 HWY 44)
S� �EST �
o
.o
10 11 1313.16' 1313.02' L4
_ 1_�♦� _ _ _ _ 1313.70 _e_ 1313.70' 11 12
15 14. N89'26'58"W 2626.33' 14 N89'27'32"W 2627.40' 1+3
• W 1/16
E 1/16
BASIS OF BEARING •
•
. . • • '
' ' • • • • • • • N89'27'15"W 5253.73'• • • ' ' ' • 001 LAND
LINE TABLE 4, �G N,• 0 s4,`
4- I, ; t<
a LINE LENGTH BEARING 100 400 /1 • • 1 93 I
L1 25.02 N75.55'57"W 0� 200 800 N;\ 41) OFg Pao
L2 53.63 N36'31'10"W '�0 F OF ‘o ��
SCALE: 1" = 400' yNS, at
L3 224.33 N84'50'58"W
L4 20.05 S86'40'23"W R:\5995 w coy.Rd iron•tape I9-344\a.09344 no�t.e.q io/io/zma aIk5o,w
L5 297.00 S89.26'46"Ejsc
rim IDAHO ' _ JOB NO.
EXHIBIT _ DRAWING FOR 19-344
9955 W EMERALD ST SHEET NO.
SURVEY Ba;; 870830' MOSS CREEK 1 OF 1
DWG. DATE
GROUP, LLC LOCATED IN THE SW 1/4 AND THE SE 1/4 OF SECTION 11,
` T.4N., R.1W., B.M., CITY OF EAGLE, ADA COUNTY, IDAHO 10-9-19