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Ordinance - 2016 - 606A - Annex/Zone Vigne D'aquila Corrected - 03/22/20163CANNcD ADA COUNTY RECORDER C.-stopher D. Rich 2016.023965 BOISE IDAHO Pgs =3 BONNIE 03/23/2016 04:06 PM EAGLE CITY NO FEE 11111111111111111111111111111111111111111111111111111111 00206323201600238660030036 ORDINANCE NO. 606 A CORRECTED VERSION (10$091 005) 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 A -R -DA (AGRICULTURAL- RESIDENTIAL-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, on June 24, 2008, Ordinance No. 606 was adopted. The zone established therein was R -E -DA. The correct zoning designation was, and is, A -R -DA. The action of this Ordinance is to make the ministerial change and establish the correct zone as A -R -DA; and WHEREAS, the owner 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 owner of the real property situated within the City of Eagle and particularly described in Exhibit "C" of this ordinance has requested, in writing, a rezone from RUT to A -R- DA; and WHEREAS, the property described in Exhibit "A" is located at 1964 W. Beacon Light Road; and WHEREAS, the Planning and Zoning Commission of the City, pursuant to public notice as required by law, held a public hearing on August 6, 2007, 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 August 28, 2007, 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 Pagel of 3 KACOUNCIUDraft Ordinances \Ord 606A Vigne d Aquila corrected version.doc determined that the requested annexation should be granted and that a zoning classification of R- E-DA for the property described in Exhibit "C" 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 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 "C" and generally as shown on Exhibit "D ", attached hereto and incorporated by reference, is hereby removed from the RUT (Rural Urban Transition) zoning classification and is hereby included in the A -R -DA (Agricultural- 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. Section 4: The official Zoning Map of the City of Eagle, Idaho, is hereby amended to reflect the foregoing change in zoning classification. Section 5: 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 6: 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 -2215, Idaho Code, with regard to the preparation and filing of a map and legal description of the real property annexed by this Ordinance. Section 7: 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 KACOUNCIUDraR Ordinances \Ord 606A Vigne d' Aquila corrected version.doc DATED this 22nd day of March 2016. CITY COUNCIL OF THE CITY OF EAGLE Ada Co ty, Idaho Stan Ri geway, Mayor ATTEST: Sharon K. Bergmann, Eagle City Cl k STATE OF IDAHO) : ss. County of Ada ) OF EA C bR O F� i S E P►1'��s .��''sTgTE OF `�Q`'�• r�` o On this day of 'ivy � , in the year -W � , before me, the undersigned, a Notary Public in and for said State, personally appeared STAN RIDGEWAY 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. OTAR e i +•"My c PUBL�G O OF 0-3&� —' Notary P�Zblic at: C,,.,�a.�.t?4� nission Expires: Page 3 of 3 KnCOUNCIUDraft Ordinances -Ord 606A Vigte d' Aquila corrected version.doc June 1, 2007 Legal Description Project No. 06332 VIGNE D' AQUILA Annexation 27.47 acres �i oror '-2!� THE LAND GROUP, INC. EXHIBIT "A» RECEIVED & FILE CITY OF EAGLE JUN 1 12007 File: Route to: A tract of land for annexation purposes situated in a portion of the Southeast One Quarter of the Southeast One Quarter of Section 3I, Township 5 North, Range 1 East, Boise Meridian, Ada County, Idaho, described as follows: BEGINNING at a found aluminum cap monumenting the Southwest Corner of the Southeast One Quarter of the Southeast One Quarter of said Section 31 on the centerline of North Ballantyne Lane; Thence following the westerly line of said Southeast One Quarter of the Southeast One Quarter and the centerline of said North Ballantyne Lane, North 00 °07'14" West a distance of 1,276.47 feet to a point, from which a found 5/8 -inch steel pin monumenting the Northwest Corner of said Southeast One Quarter of the Southeast One Quarter bears North 00'07'14" West a distance of 41.76 feet; Thence Ieaving said westerly line and said centerline, North 89 °24'58" East a distance of 886.30 feet to a point in the centerline of the Farmer's Union Canal, said point being witnessed by a found 5/8 -inch steel pin that bears South 89 °24'58" West a distance of 18.08 feet; Thence following the centerline of said Farmer's Union Canal, South 22 °47'24" East a distance of 139.69 feet to a point, said point being witnessed by a found 5/8 -inch steel pin that bears South 00 °42'36" West a distance of 56.05 feet; Thence Ieaving the centerline of said Farmer's Union Canal, South 00 °4236" West a distance of 1,168.21 feet to a point on the southerly line of said Section 31 and the centerline of West Beacon Light Road; Thence following said southerly line and said centerline, North 89 °17'31" West a distance of 923.27 feet to the POINT OF BEGINNING. Landscape cape Arehi/erlrns • Sile Plmuur(4 Engineerii o f Coarse Irrignlioa & 1✓agiareriag • Grrip/err Cnnrnnniirn/iorr 140 River Vista Plate,'Twin Fall., Idaho P208.733.4041 F208.733.4045 • www.thcl;nuil runhinc.com O: \C;;I1� \liaglc 7'ransfrr 1,iles\ 06332\ :ldmin \l.cl;als \ll_070601_vignc d' aquila_06332_anrsc•x.doc Page i of 2 1 ifAir THE LAND GROUP, INC. The above - described tract of land contains 27.47 acres, more or less, subject to any existing easements or rights -of -way. Attached hereto is Exhibit "B" and by this reference is made a part hereof. Prepared By: THE LAND GROUP, INC. 140 RIVER VISTA PLACE TWIN FALLS, IDAHO 83301 208 - 733 -4041 208 - 733 -4045 (FAX) J1J/I/iJY7If)t ArrGi/rvnm • Si/e P /niuti1{q C'gnqof C olns Jirign /ion Fi�ginalri/g • C;mpGit Ca�n�in��irnlioit 140 River Vista Macc.. Tvvin lulls, Idaho 11208.733.4041 F208.733.4045 • con O: \CAD \Iiaglc "1'ranslcr l-'ilcs\ 06332 \Admin \).ctnils \I1_070601_vignc d' ayuila_06332_anncx.doc I'agc 2 of 2 / N89 21vul 886 30' A Fi � I nZ rCCCC �'�' 2vvvv CL o Z� �cnv+ co ,e> c �cnrnzN rn m z'p' p —f -Q D 00 Z CZA W .+ � CA cl) M! >Z,:t 0 n G) co _ Z:MM P� g` PO - V- ,p L" C" N 6 C) co =f �'0ww G , VJ n IL HIM7'31N)v T. 6 K R 1 E. BM NEM131'1V 92327' 399.96' Z a� 13Z%30' m t 4 N. R 18, 8M ` t N88'17'31'111 132323' g $OFD WEST BEACAN UOFR RW F �yS .p `pro 3 � a ENGINEER/SURVEYOR PROJECT INFORMATION SCALE: 1" = 200' n e 0 �� 'I6(I. n f� 06/01/07 r EXHIBIT B /r PROJECT NO. 06332 ` d ANNEXATION EXHIBIT 1 OF 1 0 .� � - .�����° ���- , VIGNE D AQUINO SUB, i Q n 0 c () U) 0 U) U) 0 1 o s O' N � 3 d d nv C N � d N N C � � m N N �+ d O d o a S N d � U �p O T 'O Y x� En _ v Z o', O� ON co m C: (n n m- o; O2 m Z ' d <d G) i? O0 Zm X m m v Dy C N O� (q d I C m d A! 0 N 3 d v 3 d �e 0 3 d •e Valley Times P.O. Box 1790 - Eagle, Idaho 83616 LEGAL ADVERTISING PROOF OF PUBLICATION Account: Address: 40 t , t;�t,✓I �-- r �� S April 18, 2016 'CANNED RECEIVED & FILED CITY of EAGLE APR 2 0 2016 File: Route t»• Identification: Ci>kti2¢n ce 1 C9. (aO(O A Run Dates: 0 ' I - 0-9 `Z-9 z Ij u I alpet dui ugsmi edjtoo UM -1p •;cep hitq< ORDINANCE NO. 606 A CORRECTED VERSION Oo$o21005) 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 A -R -DA (AGRICULTURAL- RESIDENTIALWITH A DEVEL'JRMENT AGREEMENT); AMENDING THE ZONING MAP OF THE C1TY 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 isa 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, on June 24, 2008, Ordinance No. 606 was adopted The zone established therein was R -E -DA. The correct zoning designation was, and is, A -R -DA. The action of this Ordinance is to make the ministenal change and estabhsh the correct zone as A -R -DA; and WHEREAS, the owner 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 owner of the real property situated within the City of Eagle and particularly described in Exhibit "C" of this ordinance has requested, in writing, a rezone from RUT to A -R- DA; and WHEREAS, the property described in Exhibit "A" is located at 1964 W. Beacon Light Road; and WHEREAS, the Planning and Zoning Commission of the City, pursuant to public notice as required by law, held a public hearing on August 6, 2007, as required by Section 67-6525, Idaho Code, andmade a recommendation to the Mayor and Connell; and WHEREAS, the Eagle City Council, pursuant to public notice as required by law, held a public hearing on August 28, 2007, 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 "C" is appropriate to meet the regrmements 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 desaibed 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 Exmbit "A" and as generally shown on Exhibit "B", attached hese 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 it is in the bei interests of the public bealth, safety, and welfare of the City of Eagle and the residents and property therein that June 1, 2007 Legal Description Project No. 06332 VIGNB D' AQUILA Subdivision Boundary 26.22 acres EXHIBIT "A"- 3 A tract of land situated in a portion of the Southeast Quarter of Section 31, Township 5 North, Range 1 Idaho, described as follows: Commencing at a found aluminum cap monumentinl Southeast One Quarter of the Southeast One Quarter: of West Beacon Light Road; Thence following the southerly line of said Section 3 Beacon Light Road, South 89°17'31" East a distance a found brass cap monumenting the Southeast Come South 89°17'31" East a distance of 1,298.23 feet; Thence leaving said southerly line and said centerlin of 25.00 feet to a found 518 -inch steel pin on the east Ballantyne Lane being the POiNT OF BEGINNING thence following said easterly right-of-way 1 of 1,252.03 feet to a found 5/8 -inch steel pin. Thence leaving said easterly right-of-way I'n 861.30 feet to a point in the centerline of the being witnessed by a found 5/8 -inch steel pin distance of 18.08 feet: Thence following said centetiine, South 22°4 to a point, said point being witnessed by a flat South 00°42'36" West a distance of 56.05 fee Thence leaving said centerline, South 00°42': to a found 5/8 -inch steel pin on the northerly Beacon Light Road; Thence following said northerly right -of --way distance of 898.63 feet to the POiNT OF BEI The above-described tract of land contains 26.22 existing easements or rights-of-way. C0 VER_S1or (o co 'l e65) deposes I Clerk of )dished at tthesaid l the said Meridian, rruptedly period of the first attached blished in 60-108, time(s) aper, and d not in a >ublished pg dates: Prepared By. THE LAND GROUP, INC. 140 RIVER VISTA PLACE TWIN FALLS, IDAHO 83301 208-733-4041 208-733-4045 (FAX) 07^ IDAHO ) )SS IF ADA) •of2016 {speared s person trument, that the me that e same. -or Idaho SITUATEDTcy,IN Tt9l5e, ID '7