Ordinance - 2022 - 871 - Pescara Estates Sub A&Rz - 02/08/2022 ADA COUNTY RECORDER Phil McGrane 2022-020940
BOISE IDAHO Pgs=5 NIKOLA OLSON 02/28/2022 04:23 PM
CITY OF EAGLE, IDAHO NO FEE
ORDINANCE NO. 871
AN ORDINANCE A EXI IG CERTAIN REAL PROPERTY SITUATED IN THE
UNINCORPORATED AREA CAE ADA COUNTY, IDAHO, A- -ND CONTIGUOUS TO 'I'III
CORPORATE LIMITS OF THE CITY OF EAGLE, TO THE CITY OF EAGLE, IHAHO,
CI-IANGING I I-1I:, t.ONIN 3 CLASSIF CAI ION O SAID REAL PROPERTY Ill SCRIBED
HEREIN FROM RCJT(RURAL CFRBA� TRANSITION ---N ---ADA COUNTY DESIGNATI(-)N)TO
R-l:-DA (RESIDENTIAL-ESTATES WITH ADEVELOPMENT AGREEMENT); AMENDING
THE ZOO- -N.- G MAP OF THE CITY OF EAGLE TO REFLECT C T SAID CHANGE; DIREC:TN-
THAT COPIES OF THIS OKylNANCE 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 Mate of Idaho and is authorized to apex to and incorporate within the boundaries
€f the City con iguoas real. property in the manner provided by Section 50-22-2, Idaho Code; and
WHEREAS, 801 BTH, 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 €wners of the real property situated within the City of Eagle and particularly
described in Exhibit `A", of this ordinance has requested, ire ,witing, a rezone Itorrr RUT (Rural-
Urban Transition— Ada County designation) to R-E-DA (Residential-lstates with a development
agreement); and
WHEREAS, the property described in Exhibit "A" is Identified, by the Ada Count-,., Assessor's
Office as tax parcel number Parcel 4S05042I2400, and
WHEREAS, the Planning and Zc{ning COrrrrrrissiOrs of the City, pur:suw- t to public notice as
required by law, held a public hearing; on September r 2-0, 202I, as required by Section 67-6525,
Idaho Code, and made a.recornmersdation to the Mayor and Council, and
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K°C'CtO*a3;L\e3czfY Crrdkr..3r.Ce2\C.'-KD- ?;-Yescera Esta:cs Sub�lS:ft. ate
ORDINANCE NO. 871
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—ADA COUNTY DESIGNATION)TO
R-E-DA(RESIDENTIAL-ESTATES 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, 801 BTH, 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 (Rural-
Urban Transition—Ada County designation) to R-E-DA (Residential-Estates with a development
agreement); and
WHEREAS, the property described in Exhibit "A" is identified by the Ada County Assessor's
Office as tax parcel number Parcel #S0504212400; and
WHEREAS, the Planning and Zoning Commission of the City, pursuant to public notice as
required by law, held a public hearing on September 20, 2021, as required by Section 67-6525,
Idaho Code, and made a recommendation to the Mayor and Council; and
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K TOUNCR.\Draft Ordinances\ORD 871-Pescara Estates Sub-A&R.dotx
WHEREAS, the Eagle City Council, pursuant to public notice as required by law, held a public
hearing on November 9, 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 "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 RUT(Rural-Urban Transition) zoning classification and
is hereby included in the R-E-DA (Residential-Estates 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 R-E-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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KACOUNCIUDraft Ordinances\ORD 871-Pescara Estates Sub-A&R dotx
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 8th day of February 2022.
CITY COUNCIL OF THE CITY OF EAGLE
Ada Caun I
Ja on ierce, Mayor
ATT ST:
Tracy E. rn, Eagle City Clerk : 4
STATE OF IDAHO ) •�''•. STAT�0 '
•llp1.!l4f ll.�
: S.S.
County of Ada )
On this ? � day of -L , in the year 71p22, before me, the undersigned, a
Notary Public in and for said State, perso ally 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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K:\COUNCIL\Draft Ordinances\ORD 871-Pescara Estates Sub-A&R dotx
Exhibit "A"
Legal Description
Pescara Estates Subdivision
A parcel of land being a portion of Government Lot 3, Section 4, Township 4 North, Range 1 East,
Boise Meridian, Ada County, Idaho, being more particularly described as follows:
BEGINNING at an Aluminum Cap monument marking the northeast corner of said Government
Lot 3 (1/4 Corner) of Section 4, from which a Brass Cap monument marking the northwest corner
of said Section 4 bears N 89050'53" W a distance of 2649.53 feet;
Thence along the easterly boundary of said Government Lot 3, also being the westerly boundary
of Los Luceros Acres Subdivision as shown in Book 32 of Plats on Pages 1969 thru 1970, records
of Ada County, Idaho, S 0024'39" E a distance of 1289.46 (formerly 1281.25 feet) to a point on
the northerly boundary of said Los Luceros Acres Subdivision;
Thence along said northerly boundary N 89036'22"W a distance of 662.40 feet to a point marking
the southeasterly corner of Springhaven Subdivision as shown in Book 104 of Plats on Pages
14203 thru 14205, records of Ada County, Idaho;
Thence along the easterly boundary of said Springhaven Subdivision the following described
courses:
Thence N 0°24'02" W a distance of 862.25 feet to a point;
Thence S 89052'27" E a distance of 331.16 feet to a point;
Thence N 0025'28" W along said easterly boundary and the extension thereof a distance
of 424.26 feet to a point on the northerly boundary of said Government Lot 3;
Thence along the said northelry boundary S 89050'53" E a distance of 331.15 feet to the POINT
OF BEGINNING.
This parcel contains 16.36 acres and is subject to any easements existing or in use.
Exhibit "B"
PESCARA ESTATES SUBDIVISION
ANNEXATION AND REZONE - EXHIBIT
POINT OF
BEGINNING
BASIS OF BEARING E. BEACON LIGHT RD. �33
32 33 T. 5 N. N89'50'53"W 2649.53' _
5 4 �T. 4 N. 2318.38 -S89'50'53"E-331.15'-4 '4
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