Ordinance - 2002 - 423 - Change Zone Lockwood Estates - 05/21/2002ORIGINAL
ORDINANCE NO. 423
AN ORDINANCE CHANGING THE ZONING CLASSIFICATION OF THE REAL
PROPERTY DESCRIBED HEREIN FROM A (AGRICULTURAL) CLASSIFICATION TO R-
1 (RESIDENTIAL- ONE DWELLING UNIT PER ACRE) CLASSIFICATION; AMENDING
THE ZONING MAP OF THE CITY OF EAGLE TO REFLECT SAID CHANGE; 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
WHEREAS, pursuant to Chapter 65, Title 67, Idaho Code, the City of Eagle has the authority to
adopt, establish and amend a Zoning Ordinance; and
WHEREAS, the Mayor and Council have determined that good cause exists for amending the
official zoning map of the City of Eagle.
WHEREAS, the real property particularly described in Section 2 hereinafter is presently included
in the A (Agricultural) classification under the zoning ordinance of the City of Eagle; and
WHEREAS, the City Council of the City of Eagle has determined that the zone change is in
accordance with the Eagle Comprehensive Plan and relevant City Codes and that the rezoning
from A (Agricultural) classification to R-1 (Residential - one dwelling unit per acre)
classification is granted.
NOW THEREFORE, BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE CITY
OF EAGLE, IDAHO, AS FOLLOWS:
Section 1: 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 Exhibit "A" attached hereto and incorporated herein by
reference be removed from the A (Agricultural) zoning classification and included in the R-1
(Residential -- one dwelling unit per acre) classification pursuant to the Zoning Ordinance of the
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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.
Section 2: The described real property generally as shown on Exhibit "B, and located as
specifically described in Exhibit "A", both attached hereto and incorporated herein by reference,
all situated in the City of Eagle, Ada County, Idaho, is hereby removed from the A (Agricultural)
classification and is hereby included in the R-1 (Residential — one dwelling unit per acre)
classification.
Section 3: The official Zoning Map of the City of Eagle, Idaho, is hereby amended to reflect the
foregoing change in zoning classification.
Section 4: This ordinance shall take effect and be in force from and after its passage, approval,
and one (1) publication of the ordinance in the official newspaper of the City.
DATED this 21st day of May, 2002.
CITY OF EAGLE
ADA COUNTY, IDAHO
Rick Yzagui
Mayor
ATTEST:
Sharon K. Moore,
City Clerk/Treasurer
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EARL & ASSOCIATES, INC.
SURVEYORS, ENGINEERS & PLANNERS
314 BADIOLA STREET
CALDWELL, IDAHO 83605 E
CITY O AGLE
TELEPHONE: (208)8 454-0256
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FOR: RADA PROPERTIES, L.L.C.
JOB NO.: 000101' •
DATE: November 7, 2001 EXHIBIT A
PROPERTY DESCRIPTION
•
NOV 13 2001
File'
Route to:
ssoc.co n
A parcel of land being a portion of the NE 1/4 NE 1/4 of Section 7, Township 4 North, Range 1
East, Boise Meridian, Ada County Idaho, more particularly described as follows:
Commencing at the NE comer of said NE 1/4 NE 1/4, (Section corner common to sections 5, 6, 7
and 8), said corner monumented with a 3 inch diameter brass disk;
Thence S. 89° 27' 38" W., a distance of 543.18 feet along the north boundary of said NE 1/4
NE 1/4 to the POINT OF BEGINNING;
Thence S. 8° 26' 50" W., a distance of 453.42 feet to a point;
Thence S. 0° 33' 10" E., a distance of 56.95 feet to a point;
Thence N. 89° 59' 48" W., a distance of 23.55 feet to a point on the centerline of Dry Creek Ditch;
Thence along the centerline of Dry Creek Ditch the following courses and distances:
Thence 100.34 feet along the arc of a 236.88 foot radius tangent curve left with a central angle of
24° 16' 13" and tangents of 50.94 feet, the long chord of which bears S. 20° 58' 51" E., a distance
of 99.59 feet to a point;
Thence S. 33° 06' 57" E., a distance of 175.62 feet to a point;
Thence S. 15° 53' 43" E., a distance of 201.02 feet to a point;
Thence S. 13° 10' 31" E., a distance of 146.14 feet to a point;
Thence 255.18 feet along the arc of a 267.50 foot radius tangent curve left with a central angle of
54° 39' 24" and tangents of 138.24 feet, the long chord of which bears S. 41° 01' 23" E., a distance
of 245.61 feet to a point;
EARL & ASSOCIATES, INC.
SURVEYORS, ENGINEERS & PLANNERS
Page 2
Thence leaving said centerline, S. 0° 00' 12" W., a distance of 50.32 feet, (formerly, "20.00 feet
more or less", per Warranty Deed recorded as Instrument No. 101905 in Book 160 at Page 58 of
Deeds in the office of the Recorder, Ada County, Idaho), to a point on the south boundary of said
NE 1/4 NE 1/4, said point bears S. 89° 26' 42" W., a distance of 225.00 feet from the SE corner of
said NE 1/4 NE 1/4, (N 1/16 corner common to sections 7 and 8);
Thence S. 89° 26' 42" W., a distance of 1097.43 feet along the south boundary of said NE 1/4 NE
114 to the SW corner of said NE 1/4 NE 1/4, (NE 1/16 corner), said corner monumented with a 3
inch diameter brass disk;
Thence N. 1° 11' 45" E., a distance of 946.42 feet along the west boundary of said NE 1/4 NE 1/4
to a point;
Thence S. 46° 29' 34" E., a distance of 164.78 feet to a point;
Thence N. 34° 08' 50" E., a distance of 410.64 feet to a point;
Thence N. 38° 44' 50" E., a distance of 119.72 feet to a point;
Thence S. 89° 28' 01" W., a distance of 129.76 feet to a point;
Thence S. 66° 14' 39" W., a distance of 89.89 feet to a point;
Thence S. 33° 58' 36" W., a distance of 172.90 feet to a point;
Thence S. 67° 06' 52" W., a distance of 30.15 feet to a point;
Thence N. 78° 32' 31" W., a distance of 87.23 feet to a point on the west boundary of said NE 1/4
NE 1/4;
Thence N. 1° 11' 45" E., a distance of 229.32 feet along the west boundary of said NE 1/4 NE 1/4
to the NW corner of said NE 1/4 NE 1/4, (E 1/16 corner common to sections 6 and 7), said corner
monumented with a 3 inch diameter brass disk;
Thence N. 89° 27' 38" E., a distance of 778.28 feet along the north boundary of said NE 1/4 NE
1/4 to the POINT OF BEGINNING.
This parcel contains 23.46 acres more or less.
Also, this parcel is subject to all easements and rights-of-wa of record or implied.
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The Idaho
Statesman
P.O. Box 40, Boise, Idaho 83707-0040
RECEIVED & FILED
CITY OF EAGLE
FiIP•
JUN 0 7 2002
LEGAL ADVERTISING PROOF OF PUBLICIOIt
Account # DTI# .identification Amount"
116026 666571
Attention• Lait
TRACY
CITY OF EAGLE
310 E STATE ST.
EAGLE, ID 83616
Pun Dates
ORDINANCE 423 $192.00
MAY 29, 2002
(Number of Lines
108 X 2
(Affidavit
1 Leaal #
13574
JANICE HILDRETH, being duly sworn, 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 swom, declared that the statements therein
are true, and acknowledged to me that she executed the same.
,,,aowes eeee,,
�•• U RP,,,),.
.�•,,4 °R••••• No�yy Public for Idaho
.• y : , pRY iticing at: Emmett, Idaho
1 4°y Ci emission expires:
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LEGAL NOTICE
ORDINANCE NO. 423
AN ORDINANCE CHANGING THE ZONING CLASSILFIICSA$1TION OF THE REAL PROP-
ERTY 1
(RESIDSCRIBED ENTIAL— 0 ONE DCS INGEUNLEOM APER ACRE) C SAIDI ICC�GE DIN THE
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
WHEREAS, pursuant to Chapter 65, Title 67 Idaho Code, the City of Eagle has the
nty
authoto adopt, establish and amend a Zoning Ordinance; and
WHEREAS, the Mayor and Council have determined that good cause exists for amending
the official zoning map of the City of Eagle.
WHEREAS, the real property particularly described in Section 2 hereinafter is presently
included in the A (Agricultural) classification under the zoning ordinance of the City of Eagle;
and
WHEREAS, the City Council of the City of Eagle has determined that the zone change is in
accordance with the Eagle Comprehensive Plan and relevant City Codes and that the
rezoning from A (Agricultural) classification to R-1 (Residential — one dwelling unit per acre)
classification is granted.
NOW THEREFORE, BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE CITY OF EAGLE,
IDAHO, AS FOLLOWS:
Section 1: 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 Exhibit 'A" attached hereto and
incorporated herein by reference be removed from the A (Agricultural) zoning classification
and included in the R-1 (Residential — one dwelling unit per acre) classification 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.
Section 2: The described real property generally as shown on Exhibit "B, and located as
specifically described in Exhibit "A', both attached hereto and incorporated herein by
reference, all situated in the City of Eagle, Ada County, Idaho, is hereby removed from the A
(Agricultural) classification and is hereby included in the R-1 (Residential — one dwelling unit
per acre) classification.
Section 3: The official Zoning Map of the City of Eagle, Idaho, is hereby amended to
reflect the foregoing change in zoning classification.
Section 4: This ordinance shall take effect and be in force from and after its passage,
approval, and one (1) publication of the ordinance in the official newspaper of the City.
DATED this 21st day of May, 2002.
CITY OF EAGLE
ADA COUNTY, IDAHO
Rick Yzaguirre, Mayor
ATTEST: Sharon K. Moore,
City Cleric/Treasurer
PROPERTY DE CRIPTION
A parcel of land being a portion of the NE 1/4 NE 1/4 of Section 77 Township 4 North
Range 1 East, Boise Mendian, Ada County Idaho, more particular lyy descnbed as follows:
Commencing at the NE comer of said NE 1/4 NE 1/4, (Section comer common to
sections 5 6, 7 and 8), said comer monumented with a 3 inch diameter brass disk;
Thence §. 89' 27' 38' W., a distance of 543.18 feet along the north boundary of said NE
1/4 NE 1/4 to the POINT OF 13EGINNING;
Thence S. 8° 26' 50' W., a distance of 453 42 feet to a point;
Thence S. 0° 33 10° 13 a distance of 56 9s feer to a point I
Thence N. 89° 59' 48' W., a distance of 23.55 feet to a point on the centerline of Dry
Creek Ditch;
Thence along the centerline of Dry Creek Ditch the following courses and distances.
Thence 100.34 feet along the arc of a 236.88 foot radius tangent curve left with a central
angle of 24°16'13' and tangents of 50.94 feet, the long chord of which bears S 20° 58' 51
" E a distance of 99.59 feet to a point
Thence S 33° 06' 57' E.' a distance of 175.62 feet to a point
Thence S 15° 53' 43' E, a distance of 201.02 feet to a point
Thence S. 13° 10' 31' E., a distance of 146.14 feet to a point,
Thence 255. 18 feet along the arc of a 267.50 foot radius tangent curve left with a
central angle of 54° 39' 24' and tangents of 138.24-t, the long chord of which bears S
41° 01' 73' E., a distance of 245.61 feet to a point
Thence leaving said centerline, S. 00 00' 12' W., a distance of 50.32 feet, (formerly,
'20.00 feet more or less", per Warranty Deed recorded as Instrument No 101905 in Book
160 at Page 58 of Deeds in the office of the Recorder, Ada County, Idaho), to a point on the
south boundary of said NE1/4 NE 114, said point bears S. 89° 26' 42' W., a distance of
225.00 feet from the SE comer of said NE 1/4 NE 1/4, (N 1/16 comer common to
sections 7 and 8),
Thence S. 39° 26' 42' W.' a distance of 1097 43 feet along the south boundary of said
NE 1/4 NE 1/4 to the SW comer of said NE 1/4 NE 1/4, (NE 1/16 come-r-Lsaid comer
monumented with a 3 inch diameter brass disk;
Thence N. 10 11' 45' E., a distance of 946.42 feet along the west boundary of said NE
1/4 NE 1/4 to a point
Thence S. 46° 29' 34' E, a distance of 164.78 feet to a point;
Thence N. 34- 08' 50' E., a distance of 41064 feet to a point
Thence N. 38° 44' 5077 E., a distance of 119.72 feet to a point
Thence S 89° 28' 01' W, a distance of 129.76 feet to a point
Thence S. 65° 14' 39' W., a distance of 89.89 feet to a point
Thence S. 33° 58' —6' W, a distance of 179.90 feet to a point
Thence S. 67° 06' 52' W., a distance of 30.15 feet to a point
Thence N. 780 32' 3P W., a distance of 87.23 feet to a point on the west boundary of
said NE 1/4 NE 1/4;
Thence N. 1° 11' 45' E., a distance of 229.32 feet along the west boundary of said NE
1/4 NE 1/4 to the NW corner of said NE 1/4 NE 1/4, (E 1/16 corner common to sections
6 and 7), said comer monumented with a 3 inch diameter brass disk;
Thence N. 89° 277 38' E., a distance of 7?8.28 feet along the north boundary of said NE
1/4 NE 1/4 to the POINT OF BEGINNING.
This parcel contains 23.46 acres more or less
Also, this parcel is subject to all easements and rights -of -record or implied.
Pub. May 29, 2002 13574