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Ordinance - 2002 - 425 - Annex/Rezone Eagle Family Worship - 05/21/2002AOAUHTY RECORDER . DAVID NAVARRO -r-FF tf�trn 2E02 t1Y 3 I 8: 27 619r «2Q6I345 RECORD?ED. QUEST OF FEE ._DEPUTY ORDINANCE NO. 425 ORIGINAL 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 Section 1 hereinafter of this ordinance has requested, in writing, annexation of said real property to the City of Eagle; and WHEREAS, the Planning and Zoning Commission of the City, pursuant to public notice as required by law, held a public hearing on March 4, 2002 as required by Section 67-6525, Idaho Code, and recommended to the Mayor and Council that the annexation and zoning request of Eagle Family Worship be approved; and WHEREAS, the Eagle City Council, pursuant to public notice as required by law, held a public hearing on April 9, 2002, 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 for the property 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 described in Exhibit "A", attached hereto and incorporated by reference, below is contiguous to the City, that said property can be reasonably assumed to be used for the orderly development of the City, and Page 1 of 3 K.'Planning Dept\Fagle Applicatir.ns\RZ&A12002\A-01-02 & RZ-01-02 orddoc 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", both attached hereto and incorporated herein by reference, is hereby annexed and zoned Residential (Residential Estates one dwelling unit per two acres) Classification R -E to the incorporated territorial limits of the City of Eagle, Idaho. Section 3: The zoning land use classification of the land described in Section 2 above is hereby established as Residential (Residential Estates — one dwelling unit per two acres) District, as reflected on Exhibit "B" , 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 Section 2 above in the R -E 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 63-2215, Idaho Code, with regard to the preparation and filing of a map and legal description of the real property annexed by this Ordinance. Section 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 21st day of May, 2002. CITY COUNCIL OF THE CITY OF EAGLE Ada Co • , Idaho Rick Yzag e, Mayor ATTEST: Sharon K. Moore, Eagle CitytClerk Page 2 of 3 K\Planning Dept Eagle Applications \RZ&A\2002\A-01-02 & RZ-01-02 ord doc STATE OF IDAHO ) : ss. County of Ada ) fOn$/- On this day of Nag , in the year. aoa , before me, the undersigned, a Notary Public in and for said St te, personally appeared ICL i2 2 tti rr-e. _ and c }O YOV1 K Moor t , known to me to be the MAYOR and CITY CLERK of said municipal corporation that executed this instrument and the persons who executed the said instrument on behalf of said corporation, and acknowledged to me that such corporation executed the same. In witness whereof, I have hereunto set my hand and affixed my official seal the day and year first written. tosiankk s. 081 4' ,� AR �, / ■ j, ,;� , ,Notary Public (;5 "Residing at. (410 t Ld& r 0 My Commission Expires: /0,2310 Page 3 of 3 K \Planning Dept\Eagle Applications 'RZ&A\2002 A-01-02 & RZ-01-02 ord doc ANDERSON -DAVID '$,� ASSOCIATES, INC. January 8, 2002 Legal Description For Annexation/Zoning EXHIBIT A RECEIVED & FILED CITY OF EAGLE File. Route to: JAN 10 2002 A parcel of land being a portion of North Park Lane, West Floating Feather Road and all of Lot 2, Block 1 of MARSHALL FARMS SUBDIVISION No. 1, according to the official plat thereof, filed in Book 62 of Plats at Page 6128 and 6129, records of Ada County, Idaho more particularly described as follows: BEGINNING at a brass cap monument marking the Southwest corner of the Southeast Quarter of Section 1, Township 4 North, Range 1 West of the Boise Meridian, Ada County, Idaho; thence along the center line of North Park Lane and the westerly line of the Southeast • Quarter of said Section 1, North 00°00'07" West a distance of 360.33 feet; thence leaving said center line and westerly line, North 89°59'53" East a distance of 30.00 feet to the Northwest corner of said Lot 2; thence along the northerly line of said Lot 2, North 89°43'12" East a distance of 660.00 feet to the Northeast corner of said Lot 2; thence along the easterly line of said Lot 2, South 00°00'07" East a distance of 330.18 feet to the Southeast corner of said Lot 2; thence S 00°16'48" East a distance of 30.00 feet to a point on the center line of West Floating Feather Road and the southerly line of the Southeast Quarter of said Section 1; thence along said center line and said southerly line, South 89°43'12" West a distance of 690.14 feet to the POINT OF BEGINNING. Said parcel contains 248,528 square feet or 5.71 acres more or Tess. End of description Land Surveying Services Parcel name: exhibit a North: 4371.0035 East : 3443.1591 Line Course: N 00-00-07 W Length: 360.33 North: 4731.3335 East : 3443.1469 Line Course: N 89-59-53 E Length: 30.00 North: 4731.3345 East : 3473.1469 Line Course: N 89-43-12 E Length: 660.00 North: 4734.5599 East : 4133.1390 Line Course: S 00-00-07 E Length: 330.18 North: 4404.3799 East : 4133.1502 Line Course: S 00-16-48 E Length: 30.00 North: 4374.3802 East : 4133.2968 Line Course: S 89-43-12 W Length: 690.14 North: 4371.0076 East : 3443.1651 Perimeter: 2100.66 Area: 248,528 sq. ft. 5.71 acres Mapcheck Closure - (Uses listed courses, radii, and deltas) Error Closure: 0.0072 Course: N 55-29-59 E Error North: 0.00409 East : 0.00594 Precision 1: 291,756.94 w,. 4 RECEIVED & FILED CITY OF EAGLE JAN 10 2002 FiI' Route to: RUT RUT :RUT i r Ur R1 RUT 1 W �S.1- 1 1i J FLOATING FEATHER ROAD 11 ty244 RECEIVED & FILED CITY OF EAGLE FHA' Route to' F$ RUT RUT RVT • MU.OA N JAN 10 2002 VICINITY MAP (1"=1000') H1DJT B Tor The u'eop&s of Idaho C5 June 13, 2002 Sharon K. Moore Eagle City Clerk/Treasurer P.O. Box 1520 Eagle, ID 83616 STATE TAX COMMISSION 8(8) Park Blvd.. Plaza IV • Boise. ID • 83722 Subject: Ordinance No. 425 Dear Ms. Moore: RECEIVED & FILED CITY OF EAGLE JUN 14 2002 File - Route Mn• 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, %fit Cindy Lou McDonald GIS Manager 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 1-800-377-3529 The Idaho Statesman RECEIVED & FILED CITY OF EAGLE JUN 0 7 2002 P.O. Box 40, Boise, Idaho 83707-0040 Fite. LEGAL ADVERTISING PROOF OF PUBLICATIare to Account # D lft 116026 667338 Attention. TRACY CITY OF EAGLE 310 E STATE ST. EAGLE, ID 83616 identification Amount. Run Dates ORDINANCE 425 $290.28 MAY 29, 2002 Number of Lines 108 X 3 Affidavit Leaal # 1 13573 JANICE HILDRETH, being duly swom, deposes and says: That she is the Principal Clerk of The Idaho Statesman, a daily newspaper printed and published at Boise, Ada County, State of Idaho, and having a general circulation therein, and which said newspaper has been continuously and uninterruptedly published in said County during a period of twelve consecutive months prior to the first publication of the notice, a copy of which is attached hereto: that said notice was published in The Idaho Statesman, in conformity with Section 60-108, Idaho Code, as amended, for: ONE consecutive weekly consecutive daily insertion(s) beginning issue of: ending issue of: X single odd skip MAY 2 9 , 2002 MAY 2 9 , 2002 STATE OF IDAHO ) .ss COUNTY OF ADA ) On this 2 9 day of MAY in the year of 2002 before me, a Notary Public, personally appeared before me Janice Hildreth known or identified to me to be the person whose name subscribed to the within instrument, and being by me first duly sworn, declared that the statements therein ','••sssele•'••ffr.,,�••are true, and acknowledged to me that she executed the same. 1L axy Public for Idaho C/ 1M.ti� 1 q• �� •i iing at: Emmett, Idaho L• Z 1 ,� J i$ammission expires: I lD D Lt 4� 4 .; ss • O • ••••, S T 44. P��, #b4iuS��I%t LEGAL NOTICE ORDINANCE NO. 425 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; ESTABUSHING THE ZONING CLASSIFICATIONEIAMNDISAID NG THE ZONING MAP OF THE CITY OF THE TO REFLECT G SAID CHANGES; DIRECTTION OF THE REAL ING 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, WHEREAS, the owners of the real property situated in the unincorporated area of Ada County and particularly described in Section 1 Idaho Code• and hereinafter of this ordinance has requested, in writing annexation of said real property to the City of Eagle; and WHEREAS, the Planning and Zoning_Commission of the City, pursuant to public notice as required by law, held a public hearing on March 4 2002 as required by Section 67-6525, Idaho Code, and recommended to the Mayor and Council that the annexation and zoning request of Eagle Family Worship be approved; and WHEREAS, the Eagle City Council, pursuant to public notice as required by law, held a public hearing on April 9, 2002, on the proposed annexation and zoning for the real property described in Exhibit W, 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 for the property 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 described in Exhibit "A", attached hereto and incorporated by reference, below 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, adjjhereto and paocent and contiguous to the City, particularly described in Exhibit "A" and as (Residential Estates one dwelling n it per two acres) Classification R -E to the incorporated herein rated territorial reference, is limits of the City of annexed and Idaho dentia) Section 3: The zoning land use classification of the land described in Section 2 above is hereby established as Residential (Residential 1.0 Estates — one official Zoniunit ng Maproof the City iissihereby amended toas reflected rinclude the real property desched cribas ed inded Sectionthe 2 above ginn the R -E the Section 4: From and after the effective date of this Ordinance, all property and persons within the boundaries and territory describeddistrict 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 fax commission, Boise, Idaho, as required by Section 50-223, Idaho Code, and to comply with the proviions 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. as lieu Section ubti aThis tion of the Ordinance ordinance, effect summary thebe in reof in e compliand ce�wi h Sr its passage, ction 50-901A, Idaho Coder may be purequired it shed. by law. In DATED this 21st day of May, 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 21ST day of MAY, in the year 2002, before me, the undersigned, a Notary Public in and for said State, personally appeared RICK instrument and the persons K. who exRecuknown ted the said instrumenteoMAYOR of said d corporation, tion,fand acknod wledged l tome thatt such corporation In executed the same. n witness whereof, I have hereunto set my hand and affixed my official seal the day and year first written. Tracy E. Osborn, Notary Public Residing at Kuna, Idaho My Commission Expires: 12/23/02 EXHIBIT A January 8, 2002 Legal Description For Annexation/Zoning A parcel of land being a portion of North Park Lane, West Floating Feather Road and all of Lot 2 Block 1 of MARSHALL FARMS SUBDMSION No 1, according to the official plat thereof, filed in Book 62 of Plats at Page 6128 and 6129, records of Ada County, Idaho more particularly described as follows: BEGINNING at a brass cap monument �tmarking the Southwest comer of the Southeast Quarter of Section 1, Township 4 North, Range 1 Quarter ofesaid Sectio 11n, North 00°00 Idaho; hWesstt thence stance the center 60 33 feetfNorth thence leaving saie d center the lineerlyandiwesste tyine of said ythe line North 89°43'12' East a distance of 30.00 660.00 feet to the Northeast west comer of�saidLLot22; thence alongnce lothe easterthe ly line of said Lot 2i South rth 00°00'02 00°16'48' East point onn the distanceceentere West FI atinge Feather the Roaand the soeutherty said ne of tie Southeast Quarter of said Section 1 then30ce aloeng sait to d center line and said southerly line, South 89°43'12' West a distance of 690.14 feet to the POINT OF BEGINNING. Said parcel contains 248,528 square feet or 5.71 acres more or less End of description. North: 4371.0035 East : 3443.1591 Line Course: N 00-00-07 W Length: 360.33 North: 4731.3335 East 3443.1469 Line course: N 83-59-53 E Length: 30.00 North: 4731.3345 East 34731469 Line Course: N 89-43-12 E Length: 660.00 North: 4734.5599 East : 4133.1390 Line Course: S 00-00-07 E Length: 330.18 North: 4404.3799 East 4133.1502 Line Course: S 00-16-48 E Length: 30.00 North. 4374.3802 East 41332968 Line the C4371.0076 East 344316512 W Length: 90.14 Perimeter: 2100.66 Area: 298,528 sq. ft 5 11 acres Mapcheck Closure - (Uses listed courses radii, and deltas) ErroError Nlorth:0 0409 East : 0.0.0072 Curse: N 0594 5-29-59 E Precision 1: 291,756.94 Pub. May 29, 2002 1 13573