Ordinance - 2021 - 865 - Annexation & Rezone For Elkhorn Reserve Subdivision - 12/14/2021 ADA COUNTY RECORDER Phil McGrane 2021-177726
BOISE IDAHO Pgs=6 BONNIE OBERBILLIG 12/17/2021 03:35 PM
CITY OF EAGLE,IDAHO NO FEE
ORDINANCE NO.865
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 RR (RURAL RESIDENTIAL) 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, James Eric Needham, 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 "A" of this ordinance has requested, in writing, a rezone from RR to A-R-
DA;and
WHEREAS, the property described in Exhibit "A" is identified by the Ada County Assessor's
Office as tax parcel number Parcel 4S0326438610; and
WHEREAS, the Planning and Zoning Commission of the City, pursuant to public notice as
required by law, held a public hearing on April 5, 2021, as required by Section 67-6525, Idaho
Code, and made a recommendation to the Mayor and Council; and
Page t of 3
1C1COUtiC[LKkdinsa!1 RD 865 Elkhorn Kesenre A RZ doe
II
ORDINANCE NO. 865
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 RR (RURAL RESIDENTIAL) 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, James Eric Needham, 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 "A" of this ordinance has requested, in writing, a rezone from RR to A-R-
DA; and
WHEREAS, the property described in Exhibit "A" is identified by the Ada County Assessor's
Office as tax parcel number Parcel#S0326438610; and
WHEREAS, the Planning and Zoning Commission of the City, pursuant to public notice as
required by law, held a public hearing on April 5, 2021, as required by Section 67-6525, Idaho
Code, and made a recommendation to the Mayor and Council; and
Page 1 of 3
K:\COUNCIL\Ordinances\ORD 865 Elkhorn Reserve A RZ doc
WHEREAS, the Eagle City Council, pursuant to public notice as required by law, held a public
hearing on May 11, 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 A-R-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 RR (Residential Rural) 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 and that the Zoning Map of the City
is hereby amended to include the real property described in Exhibit "A" in the A-R-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.
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K:\COUNCII.\Ordinances\ORD 865 Elkhom Reserve A RZ.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 14th day of December 2021.
CITY COUNCIL OF THE CITY OF EAGLE
Ada Coun . . o
.son"fierce, Mayor
• POLE
AT EST: 4ti••.•.....••• *'••.
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£2ó2LE(a 0 ail
racy E. bo , Eagle City Clerk.U;Q ,
S. S .•'
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•.,, STA
STATE OF IDAHO )
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County of Ada )
On this 1` t day of 01(t y1117e4 , in the year 1/01/I , 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.
1%
(,�!f'•. No Public
�•"1.10TA R Y t% Alit/
• _ _ Residing at:
• r• f'UJ3 LAC(., : My Commission Expires: 1-11-L9I ZcD
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Page 3 of 3
K.\COUNCIL\Ordinances\ORD 865 Elkhorn Reserve A RZ.doc
RECEIVED & FILED
.10N Exhibit "A" CITY OF EAGLE
' t 2308 N. Cole Rd.,'S ILC O 2021
A SURVEYING & MAPPING COMPANY Boise, Idaho 83704
LEGAL DESCRIPTION
ANNEXATION
A parcel of land, being all of that certain property described in Warranty Deed Instrument No.
2020-055266, Records of Ada County, and that portion of the right-of-way for Homer Road
described in Quitclaim Deed Instrument No. 106024897, lying within the Southwest Quarter of
Southeast Quarter of Section 26, Township 5 North, Range 1 West, Boise Meridian, Ada County,
Idaho, being more particularly described as follows:
Commencing at the Section Corner common to Sections 25, 26, 35, and 36, from which the
Quarter Corner common to Sections 26 and 35 bears North 88°55'13" West, 2,642.58 feet,
thence North 88°55'13" West, along the Section Line common to Sections 26 and 35, a distance
of 2,114.45 feet to its' intersection with the northerly right-of-way of West Homer Road,
referred to as POINT"A"; Thence along said northerly right-of-way, North 73°29'37" East,
156.55 feet to the POINT OF BEGINNING;
Thence North 00°32'54" East, 1266.53 feet;
Thence South 88°54'04" East, 643.19 feet;
Thence South 00'32'10" West, 1063.12 feet to the northerly right-of-way of West Homer Road;
Thence along said northerly right-of-way, South 73°29'37" West, 672.98 feet to the POINT OF
BEGINNING.
TOGETHER WITH:
The right-of-way of West Homer Road as described in Quitclaim Deed Instrument No.
106024897, adjacent to parcel described above, more particularly described as follows:
BEGINNING at previously described POINT"A",thence along the northerly right-of-way of West
Homer Road, North 73°29'37" East, 829.53 feet;
Thence South 00°32'10" West, on an extension of the westerly line of the parcel described
above, 80.68 feet to the southerly right-of-way of West Homer Road;
Thence along said southerly right-of-way, South 73°01'21" West, 548.29 feet to the Section Line
common to Sections 26 and 35;
Thence North 88°55'13" West, along said common Section Line, 270.24 feet to the POINT OF
BEGINNING.
1
RECEIVED& FILED
CITY OF EAGLE
N.'\ R
Geci 2308 N. Cole Rd., Suit O Suite 2021
• ' A SURVEYING & MAPPING COMPANY Boise;Idaho&32O4
Containing 18.465 Acres, more or less.
End of Description
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Prepared By: Aaron Rush, PLS gRON p. RO5
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RECEIVED & FILED
CITY OF EAGLE
Exhibit "B" JAN 0 7 2021
Annexation Area etch SK to:
SW 1/4 of the SE 1/4 of TSN, R1W, Ada County
S88°54'04"E
643.19'
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LRGeo
N�4.0 i� A SURVEYING S MAPPING COMPANY
2308 N.COLE RD.I SUITE G I BOISE,IDAHO 83704
www.lr-geo.com