Ordinance - 2021 - 854 - Brookway North - 08/10/2021 ADA COUNTY RECORDER Phi!McGrane 2021-121532
BOISE IDAHO Pgs=5 BONNIE OBERBILLIG 08/18/2021 09:10 AM
ICITY OF EAGLE,IDAHO NO FEE
ADA COUNTY RECORDER Phil McGrane 2021-123397
BOISE IDAHO Pgs=7 NIKOLA OLSON 08/19/2021 09:09 AM
CITY OF EAGLE,IDAHO NO FEE
ORDNANCE NO.854
AN ORDINANCE ANN. EXINCI CERTAIN REAL PROPERTY SITUATED LN 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 (RURALAIRBAN TRANSITION) TO R.2-D: -P (RESIDENTIAL
WITH A DEVELOPMVIENI' AGREEMENT - PUD'; AteNrDING THE ZONING MAP OF
THE CITY OF EAGLE TO REFLECT SAID CHANGE; DIRECTING THAT CONES OF
THIS ORDNANCE RE FILED AS PROVIDED BY LAW; .AND PROVIDNG 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, G. Gregory Hall and Robert W. Hannah the 0'0711C.CS 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 sited within. the City of Eagle and particularly
described in Exhibit "A"of this ordinance has requested, in, siting, a rezone from RUT to R-2-
DA-P; and
WHEREAS, the property described in Exhibit"A" is identified by the Ada County Assessor's
Office as tax parcel number Parcel#S04022101 ;and
WHEREAS, the Planning and Zoning Commission of the City, pursuant to public notice as
required by law,held a public bearing on lar ar 4,2021,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 February 9, 2021, on the proposed annexation and -zon g for the real property
described in Exhibit "A" as required by Section 6 f-6525, Idaho Code, made findings and
determined that the requested annexation should be granted and that a.zoning classification ofR-
2-DA-P for the property described in Exhibit "A" is appropriate to meet the requirements of
Idaho Code,Eagle City Code and the Eagle Comprehensive Planand shouid be granted.
Page 1 of 3 •
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-740
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ORDINANCE NO. 854
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-2-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, G. Gregory Hall and Robert W. Hannah 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-2-
DA-P; and
WHEREAS, the property described in Exhibit "A" is identified by the Ada County Assessor's
Office as tax parcel number Parcel#S0402210100; and
WHEREAS, the Planning and Zoning Commission of the City, pursuant to public notice as
required by law, held a public hearing on January 4, 2021, 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 February 9, 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 R-
2-DA-P 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
K:\COUNCIL\Draft Ordinances\ORD 854 Brookway North.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-2-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-2-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
K:\COUNCIL\Draft Ordinances\ORD 854 Brookway North.doc
DATED this 10th day of August 2021.
CITY COUNCIL OF THE CITY OF EAGLE
Ada County
ason fierce, Mayor
ATTEST: .•'••, :cAGLE •,,��'•.
/f �•,��• ORAT \
Tracy E. !!Born, Eagle City Clerk i• 0
$ti . Z =
STATE OF IDAHO ...............A ; .•`��
4
: ss.
County of Ada )
On this l3 day of lotV w 5-4-- , 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.
,4.,.••y4,t N... er,• Notary Public
yt�sk.1 tIOTARy• N= Residing at: 61/4 -�-- J
$ • My Expires: ZI1-t01'?h
s � S � Commission
S'•���•,�ih.No.5��•' �•�'�
Page 3 of 3
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Exhibit "A"
Legal Description
City of Eagle Annexation
Brookway North Subdivision
parcel being a portion of Government Lots 3 and 4 of Section 2, Township 4 orth, Range 1
est, Boise Meridian, Ada County, Idaho, shown as `Parcel A' on Record of 'urvey No. 11285,
reco ded as Instrument No. 2018-023252, records of Ada County, Idaho, - d more particularly
descr •ed as follows:
Commenci ; at a Brass Cap monument marking the northwest core er of said Section 2, from
which a Bran Cap monument marking the northeast corner of Gov- nment Lot 3 (N '/4 corner) of
said Section 2 .gars S 89°13'44" E a distance of 2643.43 feet;
Thence along the north boundary of said Section 2 S 89°1 , 44" E (formerly S 89°13'56" E) a
distance of 660.86 feet o the northwest corner of the E 1/2 o he N '/2 of Government Lot 4 of said
Section 2, the POINT O' :EGINNING;
Thence continuing along sa o northerly boundary 89°13'44" E a distance of 1857.57 feet
(formerly S 89°13'56' E, 1857. z.feet) to a 5/8 inch 'diameter iron pin;
Thence S 0°56'03" W (formerly S 0`.6'08" W) . distance of 448.51 feet to a 5/8 inch diameter
iron pin on the existing Eagle City Lim boun.-ry;
Thence along the existing Eagle City Limi boundary S 72°53'22" W a distance of 1257.95 feet
(formerly S 72°53'11" W, 1257.97 feet) t. a`48 inch diameter iron pin on the easterly boundary
of said Government Lot 4;
Thence leaving the existing Eagle ity Limits b. ndary and along said easterly boundary N
0°53'26" E (formerly S 0°53'27" a distance of .0.17 feet to a 5/8 inch diameter iron pin
marking the southeast corner of e N 1/2 of said Gover ent Lot 4;
Thence along the southerly b. ndary of said N 1/2 of Gover i ent Lot 4 N 89°14'13" W a distance
of 660.60 feet (formerly N 8%°14'09" W, 660.55 feet) to a 5/: ch diameter iron pin marking the
southwest corner of the E 2 of the N 1/2 of said Government Lo 4;
Thence along the west-rly boundary of said E 1/2 of the N 1/2 of Gov: nment Lot 4 N 0°52'08" E a
distance of 684.69 fe- (formerly N 0°51'54" E, 684.64 feet) to the Pe NT OF BEGINNING.
Said parcel conta. s 28.01 acres.
NPL LAND
Clinton W. :nsen, PLS 5 /WS'Land Solu ons, PC
August 2020 •
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Brookway North Subdivision Annexation
LandSolutions
Land surveying and consulting Job No.20-28
Page 1 of 1
Exhibit A
Legal Description
Brookway North Subdivision
A parcel being a portion of Government Lots 3 and 4 of Section 2, Township 4 North, Range 1
West, Boise Meridian, City of Eagle, Ada County, Idaho, shown as `Parcel A' on Record of Survey
No. 11285, recorded as Instrument No. 2018-023252, records of Ada County, Idaho, and more
particularly described as follows:
Commencing at a Brass Cap monument marking the northwest corner of said Section 2, from
which a Brass Cap monument marking the northeast corner of Government Lot 3 (N '/4 corner) of
said Section 2 bears S 89°13'44" E a distance of 2643.43 feet;
Thence along the north boundary of said Section 2 S 89°13'44" E a distance of 660.86 feet to the
northwest corner of the E '/2 of the N 1/2 of Government Lot 4 of said Section 2, the POINT OF
BEGINNING;
Thence continuing along said northerly boundary S 89°13'44" E a distance of 1857.57 feet to a
5/8 inch diameter iron pin;
Thence S 0°56'03" W a distance of 448.51 feet to a 5/8 inch diameter iron pin marking the
northerly corner of Brookway Subdivision No. 3 as shown in Book 119 of Plats on Pages 18548
through 18556, records of Ada County, Idaho;
Thence along the northerly boundary of said Brookway Subdivision No. 3 and the extension
thereof S 72°53'22" W a distance of 1257.95 feet to a 5/8 inch diameter iron pin on the easterly
boundary of said Government Lot 4;
Thence along said boundary N 0°53'26" E a distance of 150.17 feet to a 5/8 inch diameter iron
pin marking the southeast corner of the N '/2 of said Government Lot 4;
Thence along the southerly boundary of said N '/2 of Government Lot 4 N 89°14'13" W a distance
of 660.60 feet to a 5/8 inch diameter iron pin marking the southwest corner of the E 1/2 of the N 1/2
of said Government Lot 4;
Thence along the westerly boundary of said E 1/2 of the N 1/2 of Government Lot 4 N 0°52'08" E a
distance of 684.69 feet to the POINT OF BEGINNING.
Said parcel contains 28.01 acres.
Clinton W. Hansen, PLS
Land Solutions, PC
Revised: May 21, 2021
Exhibit "B"
CITY OF EAGLE ANNEXATION -
BROOKWAY NORTH SUBDIVISION
LOCATED IN GOV'T LOTS 3 AND 4 OF SECTION 2, T.4N., R.1W., B.M., ADA COUNTY, IDAHO
RECEIVED& FILED
q • I CITY OF EAGLE
il SEP 0 3 2020
File:
Route to:
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