Ordinance - 2021 - 856 - Annexing Real Property For Stags Crossing - 08/24/2021 ADA COUNTY RECORDER Phil McGrane 2021-141204
BOISE IDAHO Pgs=5 BONNIE OBERBILLIG 09/28/2021 08:27 AM
CITY OF EAGLE.IDAHO NO FEE
ORDINANCE NO.856
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 1'IIE CITY OF EAGLE, :IDAI10;
CHANGING THE _ZONING CLASSIFICATION_ OF SAID R:I:<AT. PROPERTY DESCRIBED
HEREIN REIN FROM RUT (RURAL-URBAN TRANSITION) TO R-2-DA-P (RESIDENTIAE:.
WITH A DEVELOPMENT AGREEMENT — PUD).; AMENDING THE ZONING MAP OF
THE CITY OF EAGLE TO REFLECT SAID CHANGE; DIRECTING THAT COPIES OF
MIS ORDINANCE BE FILET) AS PROVIDED BY LAW; AN':E! 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, Cottonwood Creek, 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-2-
DA-P; and
'WHEREAS,RI3:A.S, the property described in Exhibit "A" is identified by the Ada County Assessor's
Office as tax parcel numbers S0402222000, S0402223400,and.S0402233700; and
WHEREAS,EREAS, the Planning and Zoning Commission of the City, pursuant to public notice as
required by law, held a public hearing on December r, 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. January 26, 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.
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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 R2-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 856 Stags Crossing.doc
DATED this 24th day of August 2021.
CITY COUNCIL OF THE CITY OF EAGLE
Ada Countyl
Jaso fierce, Mayor
At EST: �����..,.,.... ,��,
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'Ilf
racy E. o , Eagle City Clerk; (j S• o •� •_= S.
STATE OF IDAHO )
STATE OF•.o*•
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County of Ada )
On this 1/`'\ day of (kV 5 1 , 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.
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vCSEN�,.•
.• y.. r,, Notary P V is
sO,4oTARVA
Residing at: .O jLu
p G ; j My Commission Expires: '2_J 2-S' i 2-lA
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Page 3 of 3
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Exhibit "A"
DESCRIPTION FOR
STAG'S CROSSING SUBDIVISION
A portion of Government Lot 4 and the SW 1/4 of the NW 1/4 of Section 2, T.4N.,
R.1W., B.M., Eagle, Ada County, Idaho, being more particularly described as follows:
BEGINNING at the NW corner of said Section 2 from which the N1/4 corner of
said Section 2 bears South 89°13'56" East, 2,643.44 feet;
thence along the North boundary line of said Section 2 South 89°13'56" East,
660.85 feet;
thence leaving said North boundary line South 00°51'54"West, 684.67 feet;
thence South 89°14'09" East, 660.55 feet to a point on the East boundary line of
said Government Lot 4;
thence along the East boundary line of said Government Lot 4, the East boundary
line of the SW 1/4 of the NW 1/4 of said Section 2 and the West boundary line of
Brookway Subdivision No. 2 as filed in Book 117 of Plats at Pages 17752 through 17759,
records of Ada County, Idaho South 00°53'27"West, 2009.42 feet to the SW corner of
said Brookway Subdivision No. 2, said point also being on the North boundary line Lilac
Springs Subdivision No 2 as filed in Book 113 of Plats at Pages 16568 through 16570,
records of Ada County, Idaho;
thence along the North boundary line of said Lilac Springs Subdivision No 2 and
the North boundary line of Tannenbaum Subdivision No. 4 as filed in Book 112 of Plats at
Pages 16427 through 16430, records of Ada County, Idaho North 89°17'12" West,
1,319.63 feet to the W1/4 corner of said Section 2;
thence along the West boundary line of said Section 2 North 00°51'16" East,
657.91 feet;
thence leaving said West boundary line South 89°14'22" East, 155.00 feet;
thence North 00°51'16"East, 377.00 feet;
thence South 89°14'22" East, 80.00 feet;
thence North 00°50'57" East, 291.00 feet to a point on the South boundary line of
said Government Lot 4;
thence along South boundary line North 89°14'22"West, 234.97 feet to SW corner
of said Government Lot 4;
thence along the West boundary line of said Section 2 North 00°50'20"East,
1,369.39 feet to the POINT OF BEGINNING. Containing 68.40 acres, more or less.
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\stow Growing 21-052\d, S.Overall ExhIbIt.d. 9/,/2021 1:26:39 PM
-' JOB NO.
I IDAHO EXHIBIT __ DRAWING FOR 21-062
9OISE,D HO 837D S4 STAG'S CROSSING SUBDIVISION SHEET N0.
SURVEY 208)�85083704 I
GROUP, LLC LOCATED IN THE GOUT LOT 4 AND THE SW 1/4 OF THE NW 1/4 OF DWG. DATE
` SECTION 2. TAN., R.1W., B.M., EAGLE, ADA COUNTY, IDAHO 9/1/2021