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Ordinance - 2015 - 744 - Annex/Zone Eaglefield Village Subdivision - 10/13/2015SCANNED ADA COUNTY RECORDER Christopher D. Rich 2015-097832 BOISE IDAHO Pgs=5 DAWN TRIVOLIS 10/22/2015 02:41 PM EAGLE CITY NO FEE 111111111111111111111111111111111111111 1'111111 11111111111111111111111 00158300201500978320060083 ORDINANCE NO. 744 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 MU -DA (MIXED USE 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, 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 RUT to MU - DA; and WHEREAS, the property described in Exhibit "A" is located at 5342 West State Street; and WHEREAS, the Planning and Zoning Commission of the City, pursuant to public notice as required by law, held a public hearing on March 2, 2015, 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 April 14, 2015, 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 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 KACOUNCIUDraft Ordinances'.Ord 744 Eaglefield Village Sub 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 MU -DA (Mixed Use 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 MU -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. 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 K1COUNCEMrafi Ordinances\Ord 744 Eaglefield Village Sub.doc DATED this 13th day of October 2015. CITY COUNCIL OF THE CITY OF EAGLE Ada County, Idah Me �• �#e—sD.Reynold2, Mtyor ATTEST: .• V. Of EA AShK. Bergmann, Eagle Ci Clerk G oQ,QOR.4P. do SEAL STATE OF IDAHO) ''•`�q� nP `pP Ss. 1111116 County of Ada On this day of in the yeau, before me, the undersigned, a Notary Public in and for said State, personally appeared JAMES D. REYNOLDS, 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. / / . ••••• O •i Notary P is •,`4••• •;'L •; �pTAR y .* Residin � My Commis ion Expires: L� '4y'•9 OF earnat•� Page 3 of 3 K ICOUNCUADraft Ordinancesl0rd 744 Eagle6eld Village Sub.doc EXHIBIT "A" RECEIVED & FILED CITY OF EAGLE DEC 2 2 2014 File: �5ya7Ytb�r1�','2Ot�- Route DESCRIPTION FOR CITY OF EAGLE ANNEXATION PROPOSED EAGLEFIELD VILLAGE SUBDIVISION A parcel of land located in the SW Y4 of the SE Y4 of Section 11, T. 4 N. R. 1 W., B.M., Ada County, Idaho; more particularly described as follows: Commencing at the Southeast corner of said Section 11, from which the Northeast corner of the SE % (East % corner) of said Section bears North 00049'08" East, 2645.32 feet, thence along the south boundary of said SE % North 89027'29" West, 2627.57 feet to the Southwest corner of said SE %; thence along the west boundary of said SE % North 00033'51" East, 1324.31 feet to the northwest corner of the SW % of said SE Y4 of Section 11; thence along the north boundary of said SW % of the SE % South 89°25'15" East, 786.49 feet to the POINT OF BEGINNING; Thence continuing along said north boundary South 89025'15" East, 529.98 feet to the northeast corner of said SW % of the SE %; Thence along the east boundary of said SW'/ of the SE Y4 South 00°40'44" West, 796.08 feet to a point on a curve on the centerline of State Highway 44; Thence along said centerline: Thence 102.72 feet along the arc of a non -tangent curve to the left, said curve having a radius of 22,918.31 feet, a delta angle of 00°15'24", and a long chord bearing South 75007'16" West, 102.72 feet to a point of tangency; Thence South 74059'35" West, 258.04 feet to a point of curvature; Thence 189.33 feet along the arc of a curve to the right, said curve having a radius of 13,750.99 feet, a delta angle of 00047'20", and a long chord bearing South 75°22'24" West, 189.33 feet; Thence leaving said centerline North 00040'50° East, 942.45 feet to the POINT OF BEGINNING. Containing 10.58 acres, more or less. SNP_ LANA rJS7.6, . it1�-��Iy o�A 7OF A _ W. toef 130116/130116-anx.docx EXHIBIT "B" ERGLEFIE a 1h _ S 89'25'15" E C/TY OF EAGLE 786.49' /529.98' W7/7. ADA COUNTY PO/NT OF I BEG/NN/NG I I � CV / PROPOSED ANNEXA 77ON 04 ;w 10.58 ACRES I W a ' MI O 0 v 44 S W. SWp% V. ..Nal. LA IVO $84� 3" 15,2 . W j 118 �Nyr � OF� �5 0 yy, NP N 89'27_29" W 2627. CURVE TABLE CURVE LENGTH RADIUS DELTA CHORD BRG CHORD C1 102.72 22918.31 015'24° S 75'07'16' W 102.72 C2 189.33 13750.99 0'47'20' S 75'22'24' W 189.33 44- LAJ d W ED FILED )F AGLE 11112 1 1 12 1 101 1/ LL 1s F I EAGL�TMTMl Z3 CITY ADA CGUN� W W J O Q COuN11' Q AD EAGLE CIN pF I MI m z �.p 0 m WIC LL at'm . y� 0 <* mol 0 z I SCALE 1"=200' PROPOSED ANNEXATION EFINEERING DKOATE 11/19/14 CITY OF EAGLE PROD. NO. 130116 EAGLEFIELD VILLAGE SUBDIVISION SHEET SOLUTIONS 1 OF 1 LOCATED IN THE SW 1/4 OF THE SE 1/4,II 1029 N. ROSARIO ST., STE. 100 SECTION 11, T.4N., R.1 W., B.M. MERIDIAN, IDAHO 83642 130116-ANX.DWG bkb EAGLE, ADA COUNTY, IDAHO Phone (208) 938-0980 Fax (208) 938-0941 �CvtivtU $ FILED ` CITY OF EAGLE oc 1 2 2 2015 File: Valley Times Route to.- P.O. o.- P.O. Box 1790 - Eagle, Idaho 83616 LEGAL ADVERTISING PROOF OF PUBLICATION Account: �Y Identification: �n tit t h a n A— go • -144 Address: GO C, J i L an e- Run Dates: i " I q l Cao L c ai c7 Number Lines l �° Amount - o T . U j Affiant in October 19, 2015 - - ORDINANCE NO. 744 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 MU -DA (MIXED USE 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, the owner of the real property situated in the unincorporated arae 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 RUT to MU - DA; and WHEREAS, the property described in Exhibit "A" is located at 5342 West State Street; and WHEREAS, the Planning and Zoning Commission of the City, pursuant to public notice as required by law, held a public hearing on March 2, 2015, 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 April 14, 2015, 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 anaetation should be granted and that a zoning classification of R -2 -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: Sectlon 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 descn'bed 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) Honing classification and is hereby included in the MU -DA (Mixed Use with a development agreement) zoning classification all pursuant to the Zoning Ordinance of the City of Eagle. The CityCouncil further finds and deternines that said zone change is in accordance with the Eagle I - lm-^�- —. _e.t_ n_-..:,. LWL-,_ .us 5- 11-")(2- �ask Thomason, being duly sworn, deposes nd says: That he is the Principal Clerk of r Times, a weekly newspaper published at , Ada County, State of Idaho; that the said rspaper is in general circulation in the said inty of Ada, and in the vicinity of Meridian, A pail, and Eagle, and has been uninterruptedly County Idahqublished in said County during a period of comr-i-eight consecutive weeks prior to the first the SE V. (Ew of this notice, a copy of which is attached south bounder y« thence aj oreto, and that the notice was published in comer of the I Times, in conformity with Section 60-108, se I south oho Code, as amended, for I time(s) The^l>egular and entire issue of said paper, and nomthemt nted in the newspaper proper, and not in a a point �c ament; and that said notice was published to on the following dates: The^gginning olti"e- l' CZ -) I radius West 12 Iding 'O6A."- 13,7 .r13,7 tl'IV–e� 189, Theno STATE OF IDAHO) BEOINNIIdG )SS COUNTY OF ADA) �. day of in the year of 2015 1+1 a Notary Public, personally appeared Iknown or identified to me to be the person i"gime is subscri to the within instrument, hg by n first d I swom, declared that the I dein are true, owledged to me that e executed the same. Notary Public for Idaho Resi1 at Boise, ID any Commission expires: a: 12 31 2,3 1 IDAHO State Tax Commission October 30, 2015 Sharon Bergmann Eagle City Clerk P O Box 1520 Eagle, ID 83616 Subject: Ordinance No. Dear Ms. Bergmann: PO Box 36 • Boise ID 83722-0410 800 Park Blvd., Plaza IV • Boise ID 83712-7742 ord.-744 EAGLE (CITY) CITY OF EAGLE File: Route to. ®V 0 2 2015 The Idaho State Tax Commission (ISTC) received the documentation that was provided for the annexation of real property in EAGLE (CITY), for tax year 2016. We approve the map and legal description; however this approval is limited to the acknowledgement that the map and legal description meet the requirements of Section 63-215 Idaho Code, and Idaho State Tax Commission Rule 225. Please review the documentation for accuracy and respond in a timely manner or it may be too late to make corrections. Please respond if the attached documentation is correct or if there are issues. You can contact me by email at gisnatax.idaho.gov or by phone at (208) 334-7750. Thank you for your cooperation. Find current year information about taxing district change requests at the Current Status Web page. Please visit hM://tax.idaho.gov/i-1069.cfin. Sincerely, Craig Johnson GIS Analyst Technical Support Bureau Idaho State Tax Commission Equal Opportunity Employer 9 tax.idaho.gov • Hearing Impaired TDD (800) 377-3529 n 0 CD CD w 0 0 CA) �rn po w 0 0 0 0 U 0 CA) LM w N 00 o� cil ~ Q- �n O El C O .O � � A a. N �'• coo c�'o O A� va r� ry ' W �-n aCDC ° k C o -t w 0 Al w 0 0 CA) �rn po w 0 0 0 0 U 0 CA) LM w N 00 o� cil ~