Ordinance - 2005 - 511 - Change Zoning/ Mosell Equities - 08/09/2005SCANNED
ORDINANCE NO. 511
AN ORDINANCE CHANGING THE ZONING CLASSIFICATION OF THE REAL
PROPERTY DESCRIBED HEREIN FROM A -R (AGRICULTURAL - RESIDENTIAL)
CLASSIFICATION TO BP -DA (BUSINESS PARK WITH DEVELOPMENT AGREEMENT)
CLASSIFICATION; AMENDING THE ZONING MAP OF THE CITY OF EAGLE TO
REFLECT SAID CHANGE; 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
WHEREAS, pursuant to Chapter 65, Title 67, Idaho Code, the City of Eagle has the authority to
adopt, establish and amend a Zoning Ordinance; 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 A -R to BP-
DA; and
WHEREAS, the Planning and Zoning Commission of the City, pursuant to public notice as
required by law, held a public hearing on February 7, 2005, as required by Section 67 -6509,
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 March 8, 2005, on the proposed zoning for the real property described in Exhibit "A"
as required by Section 67 -6509, Idaho Code, made findings and determined that the requested
zoning classification of BP -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 is
hereby granted.
NOW THEREFORE, BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE CITY
OF EAGLE, IDAHO, AS FOLLOWS:
Section 1: The City Council hereby finds and determines that it is in the best interests of the
public health, safety, and welfare of the City of Eagle and the residents and property therein that
the real property particularly described in Exhibit "A" be removed from the A -R (Agricultural -
Residential) zoning classification and included in the BP -DA (Business Park with development
agreement) classification 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.
Section 2: The described real property generally as shown on Exhibit `B" and located as
specifically described in the attached legal descriptions Exhibit "A" all situated in the City of
Eagle, Ada County, Idaho, is hereby removed from the A -R (Agricultural- Residential)
classification and the real property described in Exhibit "A" is hereby included in the BP -DA
(Business Park with development agreement) classification.
Page 1 of 2
KACOUNCIL\ —ft Ordinances \ON 51 Ld-
Section 3: The official Zoning Map of the City of Eagle, Idaho, is hereby amended to reflect the
foregoing change in zoning classification.
Section 4: This ordinance shall take effect and be in force from and after its passage, approval,
and one (1) publication of the ordinance in the official newspaper of the City.
DATED THIS 9`h day of August 2005.
CITY OF EAGLE
Ada Qounty, Idaho,
".-1
NA CY C. R
M OR
ATTEST:
SHARON K. BERGMANN,
; •• �E EAGLB
CITY CLERK
�' ,� .� � � ,� TP
(SEAL)
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RPORA� 4
�rA TE GF.. • °�•
Page 2 of 2
KACOUNCIL.\D-ft 0Nd o--\ON 51 1.W.
EXHIBIT "A"
FOX Lard Surveys., Mcm
4696 Overland Rd. STE 162 A Boise Idaho A 83705 A 208 - 342 -7957 A 208- 342 -7437 FAX
MOSELL EQUITIES REZONE DESCRIPTION
A PORTION OF THE SOUTHEAST I/4 OF SECTION 10, TOWNSHIP 4 NORTH, RANGE 'I EAST,
BOISE MERIDIAN, ADA COUNTY, IDAHO
A portion of the Southeast %4 of Section 10, township 4 North, Range 1 East, Boise
Meridian, Ada County, Idaho, more particularly described as follows;
Commencing at the found Axle marking the Southeast Comer of said Section 10, from
which the found Aluminum Cap Monument marking the Northeast Corner thereof bears
North 01°15'56" East, a distance of 5,272.26 feet;
thence along the Southerly boundary of said Section 10, North 89 °42'26° West, a distance
of 790.13 feet to the Southeast comer of Parcel li as described in Instrument Number
2011000617, the TRUE POINT OF BEGINNING;
thence continuing along said Southerly boundary, North 89 °42'26" West, a distance of
536.57 feet to the East 1116 Comer common to Sections 10 and 15;
thence continuing along said boundary, North 89 043'07° West, a distance of 58.64 feet the
beginning of a non - tangent curve to the right on the center line of State Highway No. 55;
thence along said center line and non - tangent curve to the right, having a length of 272.50
feet, a radius of 57,296.78 feet, a central angle of 00 °16'21 ", tangents of 136.28 feet, and a
long chord which bears North 00 059'07" East, a distance of 272.50 feet to its intersection
with the Westerly prolongation of the Northerly boundary of Parcel 111 as described in
Instrument Number 2011000617;
thence along the Northerly boundary of Parcel III as described in Instrument Number
2011000617 and the Westerly prolongation thereof, South 84 °09'02" East, a distance of
269.35 feet to the Northeast comer thereof, marked by a found'/ inch rebar with plastic
cap stamped °PLS 4108';
thence along the Westerly boundary of Parcel ll as described in Instrument Number
2011000617 and the Northerly prolongation thereof, North 00°17'19" East, a distance of
248.62 feet more or less, to a point on the center line of Hill Road ";
thence along said center line South 69 °24'07" East, a distance of 352.28 feet more or less,
to its intersection with the Northerly prolongation of the Easterly boundary of Parcels I and
11 as described in Instrument Number 2011000617;
thence along said prolongation and Easterly boundary, South 01'17'59" West, a distance
of 372.87 feet to the TRUE POINT OF BEGINNING. ,
Containing 212,184 square feet (4.871 acres), more or less.
Subject to existing easements and rights -of -way as any may exist,
record.
Timothy J. Fox, PLS 7612
END OF DESCRIPTION
WA
Message
Tracy Osborn
From: Tracy Osborn
Sent: Thursday, August 25, 2005 10:47 AM
To: Legal Notices(historydoc @uswest.net)
Subject: Ord. 511
Please publish one time only.
THANKS!
Tracy E. Osborn, CMC
Deputy Clerk
City of Eagle, Idaho
P.O. Box 1520
208 - 939 -6813 ext. 201
CG � � P5S
S
val��
8/25/2005
Page 1 of 1
vauey r ir,es
P.O. Box 1790
Eagle, Idaho 83616
LEGAL ADVERTISING PROOF OF PUBLICATION
{;I�t;Li'11 =1 lit AIL C
CITY OF EAGL I-
bP 0 7 2005
Account:
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Number Lines
Ordinance No. 511
ANORDINANCE CHANGING THE ZONING CLASS IFICA I ?N OF I HE REAL_
PROPERTY DESC'RiIBED.IIiEREIN FROM ,A -R 9(AGRICUL URAL RESIDEN
TiIAL) CLASSIFICA 101f; t0 BP -DA (BUSI ESS P�RK WITI�DEVELOPMfNT
AGREEMENT) CLASS] I 'ATION; AMENDING HE ZONI G MAP OF HE
CITY OF EAGLE TO REFLECT SAID CHANGE; AND PROVIDING AN EEFFC
TIVE DATF.
WHEREAS, the City of Eagle, Idaho is a municipal corporation organized and
operating undJer the laws of the State of Idaho; and
WHEREAS. ll rsuant to Chapter 65' Title 67, Idaho Code, the City of Eagle has the
authority to opt, establish and amend a Zoning Ordinance; and
WHEREAS, the owner ofi the real property situated within the City of Eagle and
particularly described to Exhibit "A' of this ordinance has requested, to writing, a
rezone from A -R to BP -DA; and
WHEREAS, the Planning and Zoning Commission of the City pursuant to public
notice as required by law, held a public hearing on February 7, 005, as required by
Section 67 -6509, Idaho Code, and made a recommendation to the Mayor and Coun
cil; and
WHEREAS, the E11gle t'ity Council, pursuant to public notice as required by law, held
a public hearing on March 8, 2005, on the proposed zoning for the real property
described in Exhibit "A" as required by Section 67 -6509, Idaho Code, made findings
and determined that the requested zoning classification of BP -DA for the property
described in Exhibit "A" is appropriate to meet the requirements of Idaho Code,
Eagle Gity Code and the Eagle Comprehensive Plan and is hereby granted.
NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND COUNCIL OF
THE CITY OF EAGLE, IDAHO, AS FOLLOWS:
Section I: The City Council hereby finds and determines that it is in the best interests
of the public health, safety and welfare of the City of Eagle and the residents and
proPerty therein that the real property particularlyd escribed in Exhibit "A" be
removed from the A -R (Agricultural - Residential) zoning classification and included
in the BP -DA (Business Park with Development Agreement) classification 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.
Section 2: The described real property generally shown on Exhibit "B" and located as
specifically described in the attached legal descriptions Exhibit "A," all situated in
the City of Eagle, Ada County, Idaho, is hereby removed from the A -R (Agricultural -
Residential) classification and the real property described in Exhibit "A" is hereby
included in the BP -DA (Business Park with Development Agreement) classification
Section 3: The official Zoning Map of the City of Eagle, Idaho, is hereby amended
to reflect the foregoing change in zoning classification.
Section 4: This ordinance shall take etTect and be in force from and after its passage,
f
Amount
rank Thomason, being duly sworn, deposes
and says: That he is the Principal Clerk of
Illey Times, a weekly newspaper published at
,le, Ada County, State of Idaho; that the said
,lewspaper is in general circulation in the said
1County of Ada, and in the vicinity of Meridian,
jtar, and Eagle, and has been uninterruptedly
published in said County during a period of
pnty -eight consecutive weeks prior to the first
,Ion of this notice, a copy of which is attached
hereto, and that the notice was published in
Vey Times, in conformity with Se ti n 60 -108,
Idaho Code, as amended, for time(s)
tie regular and entire issue of said paper, and
sprinted in the newspaper proper, and not in a
pplement; and that said notice was published
t on the following dates:
Beginning A1_L
Ending �-t "j_ 7-C 1 C J
STATE OF IDAHO)
t )SS
t COUNTY OF ADA )
day of in the year of 2005
bre me, a Notary Pu lic, personally appeared
in, known or identified to me to be the person
t name is subscribed to the within instrument,
leing by me first duly sworn, declared that the
ierein arq t e d acknowledged to me that
l I n- he executed the same.
Notary Public for Idaho
Residi,09 at Boise, ID
My Commission expires:
a
Valley Times
P.O. Box 1790
Eagle, Idaho 83616
AL ADVERTISING PROOF OF PUBLICATION
SGAi�alEr�.._
[-ILL
Qr Y r �F I-A6L
SEP 0 r 2005
unt: E Identification: V� �'n `t" go
ess: 31a-k S7l Run Dates: Zi b
tion:
Number Lines 7 � Amount
Other
19116r
17T-u o
3/6.1
Frank Thomason, being duly sworn, deposes
and says: That he is the Principal Clerk of
Valley Times, a weekly newspaper published at
Eagle, Ada County, State of Idaho; that the said
newspaper is in general circulation in the said
County of Ada, and in the vicinity of Meridian,
Sr p 2011000617; Star, and Eagle, and has been uninterruptedly
published in said County during a period of
da ngation and East seventy -eight consecutive weeks prior to the first
' th 01 degree 17591, publication of this notice, a copy of which is attached
he feet to the hereto, and that the notice was published in
GINNING. Valley Times, in conformity with Se ti n 60 -108,
'j 9uare feet (4,871 Idaho Code, as amended, for time(s)
in the regular and entire issue of said paper, and
was printed in the newspaper proper, and not in a
ements and rights_ supplement; and that said notice was published
I
Est. of record or not on the following dates:
Beginning u Z� 2.f-o -0
7612
ION
j Ending � � v��- �1•ZV (j
STATE OF IDAHO)
y )SS
........... COUNTY OF ADA )
•P E 7141, J ' On this (C day of in the year of 2005
before me, a Notary Pu ic, personally appeared
TAR y Frank Thomason, known or identified to me to be the person
whose name is subscribed to the within instrument,
o and being by mO first duly sworn, declared that the
++U BttiC' i state rr ects herein ar t e nd acknowledged to me that
dal �.....••'��P`;.•'�•
he executed the same.
ry 1p W'
E,OF���•�. Notary Public for Idaho
s. Resid' at B is , ID
my commission expires: I
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