Ordinance - 2021 - 844 - Gooder John Subdivision A&Rz (Corrected) - 03/23/2021 ADAcnuwr : QROER Phil**Grins 2021-067412
BOIpEIDAHO PS G BONNIEOBERWUJG tw(1912021 12:23 PM
CITY OF EAGLE,IDAHO NO FEE
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ADA COUNTY RECORDER Phil McGrane 2021-111668
BOISE IDAHO Pgs=7 BONNIE OBERBILLIG 07/27/2021 10:19 AM
CITY OF EAGLE,IDAHO NO FEE
ORDINAJsTCE.NO.844
AN -ORDINANCE ANNEXING CERTAIN REAL PROPERTY SrstniATED IN THE
t C ORPORATED AREA OF ADA COUNTY, IDAHO, AND CONTIGUOUS TO THE
CORPORATE LIMITS OF THE CITY OF EAGLE, TO THE CITY OF EAGLE, ID HO;
CHANGING THE ZONING C T ASS '.ICAT OICI'OF SAIDREAL PROPERTY DESCRIBED
HEREIN FROM RR (RURAL RESIDENTIAL) TO R4 -DA..P OtS ENTIAL-ESTA IDS
WITH A DEVELOPMENT.AGREEMENT);AMENDING THE ZONING MAP OF THE CITY
OF EAGLE< TO REFLECT SAID CHANGE; DIRECTING THAT alms OF TES
ORDINANCE BE FILED AS PROVIDED BY LAW; ANW PROVIDING A . 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 thethemantorprovided by Section.50-222,Idaho Code;and.
7IIERF,AS Steve.Bruneel the offer of the real property;Situated in the:unincor rated area of
Ada County and- particularly described in Exhibit "A" and shown in Exhibit "B" of this
ordinance has requested,in writing,arzniexatictn of said.teal.property to the City of E le;and
WHEREAS,the property described in Exhibit HA" is identified by the Ada County Assessor's
Office as tag parcel slumber Parcel SO32634.6635;and
WHEREAS,AS the property described in Exhibit."A:,is lord at 4952 North Gores Jolty Lane,
Eagle,Idaho;anti •
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 RR to R-E-
WHEREAS,. the Planning arid ZoningtorniniWOrt:of the City, p t to public notice as
required by law, held a public hearing on July I, 2019, as requited by Section 67,025, Idaho
Code,and made:a recommendation to the Mayor and Council;and
•
Pagel0 ;
ORDINANCE NO. 844
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 RR (RURAL RESIDENTIAL) TO R-E-DA-P (RESIDENTIAL-ESTATES
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, Steve Bruneel the owner of the real property situated in the unincorporated area of
Ada County and particularly described in Exhibit "A" and shown in Exhibit "B" 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 tax parcel number Parcel S0326346635; and
WHEREAS, the property described in Exhibit "A" is located at 4952 North Gooder John Lane,
Eagle, Idaho; 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 RR to R-E-
DA; and
WHEREAS, the Planning and Zoning Commission of the City, pursuant to public notice as
required by law, held a public hearing on July 1, 2019, as required by Section 67-6525, Idaho
Code, and made a recommendation to the Mayor and Council; and
Page 1 of 3
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WHEREAS, the Eagle City Council, pursuant to public notice as required by law, held a public
hearing on August 13, 2019, 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-
E-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.
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" and shown in Exhibit `B", 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-E-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-E-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.
Page 2 of 3
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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 23rd day of March 2021.
CITY COUNCIL OF THE CITY OF EAGLE
Ada County, Idaho
soz Pierce, Mayor
A EST: .•'�p� EAGLF
�� • . •.
��Q 0% A TE'.•�
U• o �•i
Tracy4. bom, Eaglei ty Clerk ti k. O r
i • GY 1l•
'*••.STATE O
STATE OF IDAHO )
: ss.
County of Ada )
On this 23 day of rely rLh , in the year 2021 , 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.
CS4% di A
• ',• J,
CSENCS, ••,• s•• pUTARr•.��►: Not. Public
A . .• Tr a
. ARY % ;
C;`.� >> % .,,'°Ug L1C • = Residing at:
, 041:• ? My Commission Expires: Li 01202-5
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Page 3 of 3
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Exhibit "A" LEGAL DESCRIPTION
PrI
THE
;7-14 NIPLAND Page 1 OF 2
GROUP
Sep •mber 11, 2018
Projec o.: 118035
GOODER JOHN LANE
ANNEXATION
A parcel of land b- g a portion of the Southeast One Quarter of th, outhwest One Quarter of Section
26,Township 5 Nort Range 1 West, Boise Meridian,Ada Coun , Idaho being more particularly
described as follows:
Commencing at the South I e Quarter Corner of said S. tion 26, marked by an aluminum cap
monument;thence on the sou section line of said ction 26, North 88°55' 19" West, 280.00 feet to
the POINT OF BEGINNING;
Thence continuing on said s•- th sect',n line, North 88°55' 19" West, 1113.37 feet,to the
southwest corner of said SE 1 • of 'e SW 1/4,from which the southwest section corner of said
Section 26 bears North 88°55' 1°.West, 1321.37 feet;
Thence on the west boundary,, ''e•, said SE 1/4 of the SW%, North 00°45' 37" East, 1314.29
feet,to the northwest corn:: 'of said 1/4 of the SW 1/4;
Thence on the north bou 'ary line of s:.• SE 1/4 of the SW 1/4, South 88°55'00" East, 1315.14
feet,to the northeast c-' ner of said SE 1/ ..f the SW 1/4;
Thence on the east b' ndary line of said SE '.A of the SW 1/4,South 00°29' 19" West, 1106.22
feet,to a point on 'e northerly parcel line of p: cel number S0326344875, as shown on record
of survey numbe 0016, recorded as instrument ` ,mber 2015-010631,Ada County records;
Thence leavin: .aid east boundary line, North 88°55` .9"West, 208.00 feet,on said northerly
parcel line,t, he northwest corner of said parcel S032.'.44875;
Thence on e westerly parcel line of said parcel S032634, 5, South 00°29' 19"West, 208.00
feet tot►• POINT OF BEGINNING.
The above d- cribed parcel contains 38.78 acres, more or less. /
lcl.4.1.
PREP° 'ED BY: ' l I-4
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Th- and Group, Inc. •
♦
ichael Femenia, PLS T d
-iTf OF ./ Q"
09/11/2018
462 East Shore Drive, Suite 100. Eagle, Idaho 83616 208.939.4041 the andgroupinc corn
i��� LEGAL DESCRIPTION
►Ai THE
G Page 1 OF 2
LAND
GROUP
July 21, 2021 Exhibit A
Project No.: 118035
GOODER JOHN LANE
ANNEXATION
A parcel of land being a portion of the Southeast One Quarter of the Southwest One Quarter of Section
26,Township 5 North, Range 1 West, Boise Meridian,Ada County, Idaho being more particularly
described as follows:
Commencing at the South One Quarter Corner of said Section 26, marked by an aluminum cap
monument;thence on the south section line of said section 26, North 88°55' 19" West, 208.00 feet to
the POINT OF BEGINNING;
Thence continuing on said south section line, North 88°55' 19" West, 1113.37 feet,to the
southwest corner of said SE 1/4 of the SW 1/4,from which the southwest section corner of said
Section 26 bears North 88°55' 19"West, 1321.37 feet;
Thence on the west boundary line of said SE 1/4 of the SW 1/4, North 00°45' 37" East, 1314.29
feet,to the northwest corner of said SE 1/4 of the SW 1/4;
Thence on the north boundary line of said SE 1/4 of the SW 1/4, South 88°55' 00" East, 1315.14
feet,to the northeast corner of said SE 1/4 of the SW 1/4;
Thence on the east boundary line of said SE 1/4 of the SW 1/4,South 00° 29' 19"West, 1106.22
feet,to a point on the northerly parcel line of parcel number SO326344875, as shown on record
of survey number 10016, recorded as instrument number 2015-010631,Ada County records;
Thence leaving said east boundary line, North 88°55' 19" West, 208.00 feet, on said northerly
parcel line,to the northwest corner of said parcel SO326344875;
Thence on the westerly parcel line of said parcel S0326344875,South 00°29' 19"West, 208.00
feet to the POINT OF BEGINNING.
The above described parcel contains 38.78 acres, more or less.
OPAL LA I.S
WS� OEN P -P
PREPARED BY: ,o
The LandGroup, lnc. 5fi
Michael Femenia, PLS 1•/
k-OF\*.'
07/21/2021
Exhibit "B"
�� PARCEL S0326314805
0 SHARON JACKSON TRUST cs$
°°�— — — S88°55'0 15.14' — — -
°°�cgPb�y SW 1/16TH CS1/16TH
RC" // Annexation
/ I Located in a portion of the SE 1/4 of the SW 1/4,Section 26 I
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Township 5 North,Range 1 West,Boise Meridian I
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Ada County,Idaho
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1 I SE OF THE SW N o
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PARCEL S0326346635 �I
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,,qTe OF Q' N88°55'19"W 208.00'
SOUTHWEST CORNER
SECTION 26
T.5N.,R.1W.,B.M. I 09/11/2018 S00°29'19"W 208.00'
W 1/16TH S PARCEL S0326344875
MITCHEL D.SCHWARTZ
27 26 1321.37 WEST HOMER ROAD POB
N88°55'1� 1113.3T_ 26 ,
34 35/ 88°55'19"W 2642.74' — — — _ I
n3 S) N88°55'19"W 208.00' 35
cp<�F PARCEL S0335210000 J&M LAND,LLC SOUTH QUARTER
<.�� 1 SECTION 26
•ct q.. T.5N.,R.1W.,B.M.
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ANNEXATION 0 250' Soo'
Horizontal Scale:1"=250' Project No.:118035
September 11,2018
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LAND GOODER JOHN LANE o
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