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Ordinance - 2021 - 852 - Brunson Rezone - 07/27/2021 ADA COUNTY RECORDER Phil McGrane 2021-1 1 4442 BOISE IDAHO Pgs=5 BONNIE OBERBILLIG 07/30/2021 03:18 PM CITY OF EAGLE,IDAHO NO FEE ORDINANCE NO.852 AN ORDINANCE ANNEXING CERTAIN REAL PROPERTY SITUATED IN THE UNINCORPORATED AREA OF ADA COUNI Y., 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-E-DA (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 A.N 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, Russell and Collette Brunson 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,AS, 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 RE- DA; and WHEREAS, the property described in. Exhibit "A" is identified by the Ada County Assessor's Office as tax parcel number Parcel#S051.0449400; and WHEREAS, the property described in Exhibit "A" is located at 385 East Clearvue Drive, Meridian, 'Idaho;; and WHEREAS, the Planning and Zoning Commission of the City, pursuant to public notice as required by law, held a public hearing on January 19, 2021, as required by Section 67-6525, Idaho Code, and made a recommendation to the Mayor and Council; and Page I of 3 K\COUNCIL`S):at Or3inanees ORO 85:Bn r ,n.do WHEREAS, the Eagle City Council, pursuant to public notice as required by law, held a public hearing on February 23, 2021, 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 RE-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", 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 RE-DA (Residential-Estates 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 RE-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 K.\COUNCIL\Draft Ordinances\ORD 852 Brunson.doc 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 27th day of July 2021. CITY COUNCIL OF THE CITY OF EAGLE Adac County, Idaho 1aso Pierce, Mayor A TEST: �.••'.t OF Eq �'••., 4,1• s, . ,0141---• 1 Gr''�pOR4 i�= lk racy E. orn, Eagle City Clerk $ * •`� .... * s, SEAL, s 1, 4> yt'+•...AT s'>Pjo .,,,••,9 •OF%V •O,,,. STATE OF IDAHO) OOOOOOifOOOOOO•'• . ss. County of Ada ) On this 11/1 day of 1.‘.) I , in the year 011 ,before me,the undersigned, a Notary Public in and for said Sate,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\ - •'.•••••CS Not Public .��p�ti•"���'•�O'r•. Residing at: .5r CI 1 �• tyOTAR Y:%al My Commission Expires: 2 iZ(��Z • • •. . s 0 C1B LIC '%�. ,�. l�.,t.No.51." O/ . ye 4.,'t. OF,�pP Page 3 of 3 K:\COUNCIL\Draft Ordinances\ORD 852 Brunson.doc Exhibit "A" RECEIVED & FILEu CITY OF EAGLE NOV 19 2020 Description for R-E ZONE File: --- Block 3, Clearvue Estates Subdivision Route to: November 12, 2020 A parcel of land located in the South 1/2 of the Northwest 1/4 of Section 19, Township 4 North, Range 1 East, Boise Meridian, Ada County, Idaho more particularly described as follows: Commencing at the East 1/4 corner of said Section 19 from which the Center 1/4 corner of said Section 19 bears, North 89°50'17" East, 2408.07 feet; thence on the East-West centerline of said Section 19, North 89°50'17" East, 804.82 feet to the Southwest corner of Block 3, Clearvue Estates Subdivision as filed in Book 28 of Plats at Pages 1773 and 1774 and the REAL POINT OF BEGINNING; thence on the West boundary line of Block 3 and the northerly extension thereof, North 00°54'57" West, 457.53 feet to the centerline of E. Clearvue Drive; thence on the said centerline the following two (2) courses and distances: South 72°30'00" East, 131.96 feet; North 89°05'03" East, 419.75 feet to the northerly extension of the East boundary line of Block 3; thence on said northerly extension and the East boundary line of Block 3, South 00°54'57" East, 423.01 feet to the Southeast corner of Block 3; thence South 89°50'17" West, 545.00 feet to the REAL POINT OF BEGINNING. Containing 5.307 acres, more or less. End of Description. 7;c6:4.,,„;ii‘akts\--ti:e%kly4>: t eififtzke_ds Exhibit "B" © SCALE: 1"=200' 0 50 100 200 400 BLOCK 10 BLOCK 9 BLOCK 8 ,,\ \ \ S72'30'00"E \ 131.96' ` �� — N89'05'03"E 419.75' ET CLEARVUE DR. I zi IO BLOCK 2 �' R-E ZONE , BLOCK 4 I f 5.307 ACRES , ( I N W (VI-TM o (,a I I I 1/4 — — -- -- .�. 0 S.24 S.19.. 804.82' S89'5017W 545.00 1058.25 •• C 1/4 REAL POINT S. 19 OF BEGINNING •'.•. N 89'50'17"E 2408.07' ' ' BASIS OF BEARING ONPL LAND \,\GEN3F sr%� 1 A �' v1 11779 0 N, 1I1Z/ to �� LI -Ti.,. OF \�P 0 . �rM. M cG 1 >:W65 Co,,,.,le Dr 20-336\dw9\20336 6ndvdwa 11/12/2020 6;49.10 PM '- JOB NO. IDAHO EXHIBIT DRAWING FOR 20-336 9955W.EMERALD ST. CITY OF EAGLE R-E ZONE SHEET NO. SURVEY BOISE,6-9570 3704 BLOCK 3, CLEARVUE ESTATES SUBDIVISION 1 , GROUP, LLC BLOCK 3, CLEARVUE ESTATES SUBDIVISION LOCATED IN THE S 1/2 OF THE DWG. DATE ` NW 1/4 OF SECTION 19, T.4N., R.1E., B.M., AOA COUNTY, IDAHO 11/12/2020