Ordinance - 2002 - 424 - Annex/Zone Countryside West - 07/23/2002ADA COUNTY RECORDER
DAVID rar DEPUTY ► *el°
!t�r��;Jq � FEE
2002,129 AM 8:36 1717' 102084738
)RDED-REQUEST OF
ORDINANCE NO. 424
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;
ESTABLISHING THE ZONING CLASSIFICATION OF SAID REAL PROPERTY;
Cu A NGING THE ZONING CI ASSIFICATION OF THE REAL PROPERTY DESCRIBED
HEREIN; AMENDING THE ZONING MAP OF THE CITY OF EAGLE TO REFLECT SAID
CHANGES; 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 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 "B" of this ordinance has requested, in writing, a rezone from A -R to R-1;
and
WHEREAS, the Planning and Zoning Commission of the City, pursuant to public notice as
required by law, held a public hearing on January 14, 2002, as required by Section 67-6525,
Idaho Code, and on January 28, 2002, recommended to the Mayor and Council that the
annexation and zoning request of Capital Development be approved; and
WHEREAS, the Eagle City Council, pursuant to public notice as required by law, held a public
hearing on March 12, 2002, on the proposed annexation and zoning for the real property
described in Exhibit "A" and the rezoning for the real property described in Exhibit "B", 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-1 for the properties described
both in Exhibit "A & B" 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:
Page 1 of 3
K:\COUNCII.\Draft Ordinances \Ord 424 Countryside West.doc
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 "C", attached, is
hereby annexed to the incorporated territorial limits of the City of Eagle, Idaho.
Section 3: The zoning land use classification of the land described in Exhibits "A" and "B" is
hereby established as Residential (Residential — up to one dwelling unit per acre) District
Classification R-1, as reflected on Exhibit "D" , attached herein, as provided by the Zoning
Ordinance of the City. The official Zoning Map of the City is hereby amended to include the real
property described in Exhibits "A" and "B" in the R-1 zoning district.
Section 4: 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 both Exhibits "A" and "B" and generally as shown on
Exhibit "D", attached hereto and incorporated by reference, now situated in the City of Eagle,
Ada County, Idaho, is hereby removed from the A -R (Agricultural -Residential) and the RUT
(Rural Urban Transitional) District classification and is hereby included in the Residential (up to
one dwelling unit per acre) District Classification R-1 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 Exhibits "A" and "B" in
the R-1 zoning district.
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
K:\COUNCII.\Draft Ordinances\Ord 424 Countryside Westdoc
DATED this 23rd day of July, 2002.
CITY COUNCIL OF THE CITY OF EAGLE
Ada Cou , Idaho
Rick Yzagui i7 , ayor
ATTEST:
Sharon . Moore, Eagle Citly Clerk
STATE OF IDAHO )
ss.
County of Ada )
Notary PubLic On this day of �uY, in the year �� �,� , before me, the undersigned, a
il for said ate, personally appeared
:�/1aYdn k.ru
rcr , known to me to be the MAYOR and CIT CLERK 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 hav- . set my hand and affixed my official seal the day and year
first written.
4r
STausslas
Residing at: Ktthai
My Commission Expires: la/aa oa
Public
Page 3 of 3
K:\COUNCQ.\Draft Ordinances\Ord 424 Countryside West.doc
MAY -30-2002 13:41
EXHIBT A
P.02
RECEIVED & FILED
CITY OF EAGLE
DESCRIPTION FOR ANNEXATION
PROPOSED TIMBERLAND ESTATES SUBDIVI >ION
AJD Desy''iPT10N TD P:5T'IAuSM File:
20 NE May 14, 2002 Route to:
A parcel of land located in the SW 1/4 of Section 7, Township 4 North, Range 1 East, Boise
Meridian, Eagle, Ada County, Idaho, being more particularly described as follows:
Commencing at the northeast corner of the NE 1/4 of the SW 1/4 (Center 1/4 Corner) of
Section 7, Township 4 North, Range 1 East, B.M; thence S 89°25'17" W 331.21 feet along
the north line of said NE 1/4 of the SW 1/4 to the northeast comer of the W 1/2 of the E 1/2 of
said NE % of the SW 1/4, said point being on the existing Eagle City Limits Boundary, and
the REAL POINT OF BEGINNING of this description;
Thence S 01 °08'07" W 1232.44 feet along the east line of said W 1/2 of the E 1/2 of said NE
1/4 of the SW 1/4 to a point on the north right-of-way of W. State Street;
Thence continuing S 01°08'07" W 63.02 feet to a point on the centerline of W. State Street;
Thence S 89°41'30" W 319.01 feet along said centerline to a point on the existing Eagle
City Limits Boundary;
Along the existing Eagle City Limits Boundary:
Thence N 08°53'55" W 63.71 feet to a point on the north right-of-way of W. State Street,
said point also being on the west line of the E % said NE 1/4 of the SW 1/.;
Thence N 01°05109" E 1230.85 feet along said west line to the northwest corner of said E
1/2 of said NE 1/4 of the SW 1/4;
Thence N 89°25'17" E 331.22 feet along the north line of said E 1/2 of said NE 1/4 of the SW
1/4 to the REAL POINT OF BEGINNING of this description.
Said parcel of land contains 427,556 SF (9.82 acres), more or less.
Michael E. Marks, P.L.S. No.4998
10503\10503.axmex.des.doc
MAY -30-2002 13:41
LXHIBJ T B
DESCRIPTION FOR A -R REZONE -1-6 K 1
PROPOSED TIMBERLAND ESTATES SUBDIVISION
May 14, 2002
P.03
A parcel of land located in the SW % of Section 7, Township 4 North, Range 1 East, Boise
Meridian, Eagle, Ada County, Idaho, being more particularly described as follows:
Commencing at the northeast corner of the NE % of the SW V4 (Center 1/4 Corner) of
Section 7, Township 4 North, Range 1 East, B.M; thence S 89°25'17" W 662.43 feet along
the north line of said NE ' of the SW % to the northeast corner of the W %2 of the NE 1/4
of the SW 1/4 of said Section 7, the REAL POINT OF BEGINNING of this description;
Thence S 01°05'09" W 1230.85 feet along the east line of said W '/2 of the NE % of the SW
'/4 to a point on the north right-of-way of W. State Street;
Thence S 08°53'55" E 63.71 feet to a point on the centerline of W_ State Street;
Thence S 89°41'30" W 341.11 feet along said centerline to a point on the west line of said
W Vzofthe NE 1/4 of the SW 1/4;
Thence N 01°02'12" E 1292.28 feet along the said west line to the northwest corner of said
W1/2 of the NE 1/4 of the SW '/;
Thence N 89°25'17" E 331.21 feet along the north line of said W 1/2 of the NE 1/4 of the SW
1/4 to the REAL POINT OF BEGINNING of this description.
Said parcel of land contains 427,738 SF (9.82 acres), more or less.
LAND`
Michael E. Marks, P.L.S. No.4998
10503\ 1 0503.rzone.des.doc
ipailarr C
W. CONIFER ()RIVE
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ADA COUNTY
EAGLE j
ADA COfJNTY
BRIGGS ENGINEERING, INC.
BRIGGS )
NC
(208) 3449700
1800 W. OVERLAND ROAD
BOISE, IDAHO 83705
RED.\NOW R I
EAGLE
EAGLE
PROPOSED
EAGLE
ANNEXATION
300
ADA COUNTY
RECEIVED & FILED
CITY OF EAGLE
Res/ 15 2001
'ile.
oute to.
EAGLE
ADA COUNTY
0
EAGLE CITY
LIMITS BOUNDARY
W. STATE STREET
PROPOSED EAGLE ANNEXATION
COUNTRYSIDE WEST SUBDIVISION
LOCATED IN THE NE 1/4 OF THE SW 1/4 OF SECTION 7
T.4N., R.1E., B.M., EAGLE, ADA COUNTY, IDAHO
DESIGN I DRAB B 1 SCALE I DA,E/13/01
{ DWG. NO.
I 10503
300
REVISION
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BRIGGS ENGINEERING, INC.
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(208) 344-9700
1800 W. OVERLAND ROAD
RUT
PROP DSED
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RUT
A -R
—r RECEIVED & FILED
CITY OF EAGLE
FISP.
`�ute to•
NO'1 1 5 2n1
R -2 -DA -P
ZONE BOUNDARY
W. STATE STREET
300 0 300 600 Feet
PROPOSED REZONE
COUNTRYSIDE WEST SUBDIVISION
LOCATED IN THE NE 1/4 OF THE SW 1/4 OF SECTION 7
T.4N., R.1E., B.M., EAGLE, ADA COUNTY, IDAHO
DESIGN I DRAFT I SCALE I DATE
1 DWG. NO.
REVISION
SHEET
1 OF 1
..Henn •no
Valley Times
PO Box 1790 Eagle, Idaho 83616 AUG 2 2 2002
File:
Obote To:
Identification: Ordinance No."424
Run Dates: August 12
RECEIVED & FILED
CITY OF EAGLE
LEGAL ADVERTISING PROOF OF PUBLICATION
Account: City of Eagle
Address: 310 E. State Street
Eagle, Idaho 83616
Attention: Sharon Moore
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Page 11
ttinued)
ains 427,556 SF
ess.
,.S. No. 4998
iT B
t A -R REZONE
.1
IBERLAND
DIVISION 4poimi
2002
in the SW 1/4
p 4 North, Range
Tian, Eagle, Ada
more particularly
northeast corner
SW 1/4 (Center 1/
n 7, Township 4
B.M.; thence S 89
2.43 feet along the
. 1/4 of the SW 1/4
3laer of the W 1/2 of
el 1/4 of said Sec -
DINT OF BEGIN-
iption;
s 05'09" W 1230.85
Ine of said W 1/2 of
W 1/4 to a point on
t -way of W. State
-oe lguougonpa
q;I4 �lununll( :es 53'55 E 63.71
the centerline of W.
s;wu8 all t
3g 3o a)gr paJC(
leg; 000`02 lap es 41'30" W 341.11
Lll1M sauluntuurterline to a point on
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Number Lines: /' — '%D,Piri Amount:
Other:
Geneva A. Trent, being duly sworn, deposes
and says: That she 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,
Star, and Eagle, and has been uninterruptedly
published in said County during a period of
seventy-eight consecutive weeks prior to the first
publication of this notice, a copy of which is attached
hereto, and that the notice was published in
Valley Times, in conformity with Section 60-108,
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
supplement; and that said notice was published
on the following •ii es:
Beginning:—
S
Endi g:a---
STATE OF IDAHO )
)SS
COUNTY OF ADA )
On this day of / �n the year of 2002
before me, a Notary Pub , personally appeared
Geneva A. Trent known or identified to me to be the person
whose name is subscribed to the within instrument,
and being by me first duly sworn, declared that the
statements herein are true, and acknowledged to me that
she executed the same.
Notary Publ r
Residing at:
My Commission expires: a
je
August 13, 2002
Valley Times
Page 11
ORDINANCE NO. 424
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; ESTABLISHING THE ZONING CLASSIFICATION OF SAID REAL
PROPERTY; CHANGING THE ZONING CLASSIFICATION OF THE REAL PROPERTY DESCRIBED HEREIN; AMENDING THE ZONING MAP OF THE CITY OF
EAGLE TO REFLECT SAID CHANGES; 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 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 "B" of this ordinance has requested, in writing, a rezone
from A -R to R-1; and
WHEREAS, the Planning and Zoning Commission of the City, pursuant to public notice as required by law, held a public hearing on January 14, 2002, as required by Section
67-6525, Idaho Code, and on January 28, 2002, recommended to the Mayor and Council that the annexation and zoning request of Capital Development be approved; and
WHEREAS, the Eagle City Council, pursuant to public notice as required by law, held a public hearing on March 12, 2002, on the proposed annexation and zoning for the
real property described in Exhibit "A" and the rezoning for the real property described in Exhibit "B", 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-1 for the properties described both in Exhibit "A & B" 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 Z: 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
"C", attached, is hereby annexed to the incorporated territorial limits of the City of Eagle, Idaho.
Section 3: The zoning land use classification of the land described in Exhibits "A" and "B" is hereby established as Residential (Residential — up to one dwelling unit per acre)
District Classification R-1, as reflected on Exhibit "D" , attached herein, as provided by the Zoning Ordinance of the City. The official Zoning Map of the City is hereby
amended to include the real property described in Exhibits "A" and "B" in the R-1 zoning district.
Section 4: 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 both Exhibits "A" and "B" and generally as shown on Exhibit "D", attached hereto and incorporated by
reference, now situated in the City of Eagle, Ada County, Idaho, is hereby removed from the A -R (Agricultural -Residential) and the RUT (Rural Urban Transitional) District
classification and is hereby included in the Residential (up to one dwelling unit per acre) District Classification R-1 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 Exhibits "A" and "B" in the R-1 zoning district.
Section S; 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 61 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 Z: 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 23'd day of July, 2002.
CITY COUNCIL OF THE CITY OF EAGLE
Ada County, Idaho
Rick Yzaguirre, Mayor
ATTEST:
Sharon K. Moore, Eagle City Clerk
STATE OF IDAHO )
:ss.
County of Ada
On this day of , in the year , before me, the undersigned, a Notary Public in and for said State, personally appeared
_ and , known to me to be the MAYOR and CITY CLERK 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.
, Notary Public
Residing at:
My Commission Expires:
EXHIBITA
DESCRIPTION FOR ANNEXATION
PROPOSED TIMBERLAND ESTATES SUBDIVISION AND ESCRIPTION TO ESTABLISH R-1 ZONE
MAY 14, 2002
A parcel of land located in the SW 1/4 of Section 7, Township 4 North, Range 1 East, Boise Meridian, Eagle, Ada County, Idaho, being more particularly described as follows:
Commencing at the northeast corner of the NE 1/4 of the SW 1/4 (Center 1/4 Corner) of Section 7, Township 4 North, Range 1 East, B.M.; thence S 89 degrees 25'17" W
331.21 feet along the north line of said NE 1/4 of the SW 1/4 to the northeast corner of the W 1/2 of the E 1/2 of said NE 14 of the SW 1+4, said point being on the existing
Eagle City Limits Boundary, and the REAL POINT OF BEGINNING of this description;
Thence S 01 degrees 08'07" W 1232.44 feet along the east line of said W 1/2 of the E 1/2 of said NE 1i4 of the SW 114 to a point on the north right-of-way of W. State Street;
Thence continuing $ 01 degrees 08'07" W 63.02 feet to a point on the centerline of W. State Street;
Thence S 89 degrees 41'30" W 319.01 feet along said centerline to a point on the existing Eagle City Limits Boundary;
Along the existing Eagle City Limits Boundary;
Thence N 08 degrees 53'55" W 63.71 feet to a point on the north right-of-way of W. State Street, said point also being on the west line of the E 1/2 of said NE 1/4 of the SW
1/4;
Thence N 01 degrees 05'09" E 1230.85 feet along said west line to the northwest corner of said E 1/2 of said NE 1/4 of the SWE 1/4;
Thence N 89 degrees 25'17" E 331.22 feet along the north line of said E 1/2 of said NE 1/4 of the SW 114 to the REAL POINT OF BEGINNING of this description.
(Continued in next column)
Exhibit A (continued)
Said parcel of land contains 427,556 SF
(9.82 acres), more or less.
Michael E. Marks, P.L.S. No. 4998
EXHIBIT B
DESCRIPTION FOR A -R REZONE
TO R-1
PROPOSED TIMBERLAND
ESTATES SUBDIVISION
May 14, 2002
A parcel of land located in the SW 1/4
of Section 7, Township 4 North, Range
1 East, Boise Meridian, Eagle, Ada
County, Idaho, being more particularly
described as follows:
Commencing at the northeast corner
of the NE 1/4 of the SW 1/4 (Center 1/
4 Corner) of Section 7, Township 4
North, Range 1 East, B.M.; thence S 89
degrees 25'17" W 662.43 feet along the
north line of said NE 1/4 of the SW 1/4
to the northeast corner of the W 1/2 of
the NE 1/4 o£ the SW 1/4 of said Sec-
tion 7, the REAL POINT OF BEGIN-
NING of this description;
Thence S 01 degrees 05'09" W 1230.85
feet along the east line of said W 1/2 of
the NE 1/4 of the SW 1/4 to a point on
the north right-of-way of W. State
Street;
Thence S 08 degrees 53'55" E 63.71
feet to a point on the centerline of W.
State Street;
Thence S 89 degrees 41'30" W 341.11
feet along said centerline to a point on
the west line of said W 1/2 of the NE 1/
4 of the SW 1/4;
Thence N'01 degrees 02'12" E 1292.28
feet along the said west line to the north-
west corner of said W 1/2 of the NE 1/
4 of the SW 1/4;
Thence N 89 degrees 25'17" E 331.21
feet along the north line of said W 1/2
of the NE 1/4 of the SW 1/4 to the
REAL POINT OF BEGINNING of this
description.
Said parcel of land contains 427,738 SF
(9.82 acres), more or less.
Michael E. Marks., P.L.C. No. 4998
NOTE: Exhibits C and D are available
for review at Eagle City Hall.
For The ,PeopfecfIdaho
STATE TAX COMMISSION
8U4) Park Blvd.. Plaza IV • Boise. ID • 83722
September 4, 2002
Sharon K. Moore
Eagle City Clerk/Treasurer
P.O. Box 1520
Eagle, ID 83616
Subject: Ordinance No. 424
Dear Ms. Moore:
RECEIVED & FILED
CITY OF EAGLE
SEP 0 5 2002
File.
Route tr,'
The Idaho State Tax Commission received the documentation that was provided for the
annexation of real property into the City of Eagle, for tax year 2003. The Idaho State Tax
Commission approves the map and legal description. This approval is limited to the
acknowledgement that the map and legal description meets the requirements of Section
63-215 Idaho Code, and Idaho State Tax Commission Rule 225.
Sincerely,
of
GIS alyst, Sr.
Technical Support Bureau
Idaho State Tax Commission
cc: County Assessor
County Clerk
Harley Hinshaw, Property Appraisal Section Manager
Gary Houde, Technical Records Specialist
Equal Opportunity Employer
Hearing Impaired Callers TDD I-800.377-3529