Ordinance - 2002 - 413 - Change Zoning At 123 Aikens - 01/22/2002ADA COUNTY RECORDER
DAVID NAtV'ARRO
I r?
ZECORDED-REOUES OF
FEE !' DEPJT' i:�
2002JA28 4ti 8:43 6-n; 1020 10349
ORDINANCE NO. 413
AN ORDINANCE CHANGING THE ZONING CLASSIFICATION OF THE REAL
PROPERTY DESCRIBED HEREIN FROM R-4 (RESIDENTIAL) CLASSIFICATION TO
CBD -DA (CENTRAL BUSINESS DISTRICT - WITH DEVELOPMENT AGREEMENT)
CLASSIFICATION; AMENDING THE ZONING MAP OF THE CITY OF EAGLE TO
REFLECT SMD 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 Exhibit "A" hereinafter is presently
included in the CBD -DA (Central Business District - with development agreement)
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 R-4 (Residential - four dwelling units per acre) classification to CBD -DA (Central
Business District - with development agreement) 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" below be removed from the R-4
(Residential - four dwelling units per acre) zoning classification and included in the CBD -DA
(Central Business District -- with development agreement) 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.
Page 1 of 2
K \Planning Dept\Eagle Applications\RZ&A\2000\RZ-05-00 ord.doc
Section 2: The described real property generally as shown on Exhibit "B" and located as
specifically described in the attached legal description Exhibit "A" all situated in the City of
Eagle, Ada County, Idaho, is hereby removed from the R-4 (Residential —four dwelling units per
acre) classification and the real property described in Exhibit "A" is hereby included in the CBD -
DA (Central Business District --with development agreement) 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 22nd day of January, 2002.
CITY COUNCIL OF THE CITY OF EAGLE
Ada . unty, Idaho
Rick z.. i e, Mayor
ATTEST:
os swum%
G� o�POP.�� tea%
}I—kir('A 0 14 'Y�(9-60-4-(___ � ti
Sharon. Moore, Eagle City Clerk ®®® ° *,
STATE OF IDAHO )
County of Ada )
ss.
On this .),Q day of 3rc,Au,a/tel , in the yeara06a , before me, the undersigned, a
Notary Public in and for said State, personally appeared RICA `1)zcc-99 cc,, fit and
Shalon X. lfloo,e , 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.
�.••Ep CAR''••.
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, Notary Public
Residing at: Stty,
My Commission Expires: Co -07 7.0 7
Page 2 of 2
K \Planning Dept\Eagle Applications \RZ&A\2000\RZ-05-00 ord.doc
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File Number: P176848
SCHEDULE C
The land referred to in this Commitment is described as 1ollcas:
A PARCEL OF LAND BEINO A PORTION OF LOT 6 OF SC)NELZER ADDITION TO EAGLE,
IDAHO, AS RECORDED AT PAGE 899, BOOK 12 OF PLAT IN ADA COUNTY, IDAHO, AND
MORE PARTICULARLY DESCRIBED AS FOLLOWS:
BEGINNING AT THE NORTHWEST CORNER OF LOT 5; THENCE
SOUTH 0 DEGREE 48' NEST, 140.0 FEET ALONG THE (VEST BOUNDARY OF LOT 5 TO A
STEEL STAKE, THE REAL PLACE OF DEOINNING; THENCE CONTINUING
SOUTH 0 DEGREE 48' WEST, 30.0 FEET TO A STEEL STAKE; THENCE
SOUTH 89 DEGREES 12' EAST, 8.0 FEET TO A STEEL STAKE; THENCE
SOUTH 0 DEGREE 48' HEST, 78.1 FEET, MORE OR LEIS, TO THE SOUTH BOUNDARY
LINE OF LOT 5 NARKED BY A STEEL STAKE, THENCE
NORTH 84 DEGREES 11' EAST, 129 FEET ALONG THE SOUTH BOUNDARY OF LOT 5 TO
A STEEL STAKE; THENCE
NORTH 5 DEGREES 00' VEST, 84.14 FEET TO A STEEL STAKE; THENCE
NORTH 89 DEGREES 12' NEST, 125.1 FEET TO THE PLACE OF BEGINNING.
ALSO INCORPORATING THE FOLLOWING DESCRIBED PREMISES:
A PARCEL OF LAND LYING IN THE SOUTHWEST 1/4 OF THE SOUTHWEST 1/4 OF
SECTION 9, TOWNSHIP 4 MORIN, RANGE 1 EAST, BOISE MERIDIAN, EAGLE, ADA
COUNTY, IDAHO AND MORE PARTICULARLY DESCRIBED AS FOLLOWS:
BEGINNING AT THE SECTION CORNER COMMON TO SECTIONS 8, 8, 17 AND 16; THENCE
NORTH 0 DEGREE 48' EAST, 702.1 FEET ALONG THE WESTERLY BOUNDARY OF THE
SOUTHWEST 1/4 OF THE SAID SECTION 9, WHICH IS ALSO THE CENTERLINE OF
STATE HIGHWAY N0. 69 (EAGLE ROAD), TO A POINT ON THE NORTHERLY
RIGHT-OF-WAY LINE OF NORTHSIDE DRAIN DITCH (EAGLE DRAIN); THENCE
NORTH 84 DEOR5E8 11' EAST, 599.70 FEET ALONG THE SAID NORTHERLY
RIGHT-OF-WAY LINE OF NORTHSIDE DRAIN DITCH AND THE SOUTHERLY BOUNDARY OF
SCHHWEIZER ADDITION, AS FILED FOR RECORD IN THE OFFICE OF THE AOA COUNTY
RECORDER, BOISE, IDAHO IN BOOK 12 OF PLATS AT PAGE 609, ALSO SAID POINT
BEING THE REAL POINT OF ONAINNING; THENCE CONTINUING
NORTH 64 DEGREES 11' EAST, 129.00 FEET, MORE OR LESS, ALONG THE SAID
SOUTHERLY BOUNDARY OF THE SAID SCHMELZER ADDITION AND SAID NORTHERLY
RIGHT-OF-WAY LINE OF THE SAID 5081)1SIDE DRAIN DITCH (EAGLE DRAIN) TO A
POINT; THENCE
SOUTH 5 DEGREES 00' EAST, 54.64 FEET, MORE OR LESS, TO A POINT ON THE
SOUTHERLY RIGHT-OF-WAY LINE OF THE SAID NORTHSIDE GRAIN DITCH (EAGLE
DRAIN) ; THENCE
SOUTH 8d DEGREES 11' WEST,' 134.56 FEET MORE OR LESS ALONG THE SOUTHERLY
RIGHT-OF-WAY LINE OF THE SAID NORTHSIDE DRAIN OITOH (EAGLE DRAIN) TO A
POINT ON THE EXTENDED LINE 86.00 FEET EASTERLY OF AND PARALLEL WITH THE
EASTERLY BOUNDARY OF LOT 4 OF THE SAID SCHNELZER ADDITION; THENCE
NORTH 0 DEGREE 48' EAST, 55.00 FEET, MORE OR LESS, ALONG THE SAID EXTENDED
LINE 66.00 FEET EASTERLY OF AND PARALLEL WITH THE SAID EASTERLY BOUNDARY
OF LOT 4 OF THE SAID SCHMELZER.
ENA OF LEGAL DESCRIPTION
F29 82 '99 16:57
TOTAL P.06
iI0' TOTAL PAGE.02 001
RECEIVED & FILED
CITY OF EAGLE
MAY 1 6 2000
File:
Route to:
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Account # 12II#
116026.
Attention'
The Idaho
Statesman
RECEIVED & FILED
CITY OF EAGLE
FM 0 4 2002
P.O. Box 40, Boise, Idaho 83707-0040 File*
LEGAL ADVERTISING PROOF OF PUBLICATIONouv to.
599113
SHERI HORTON
CITY OF EAGLE
310 E STATE ST.
EAGLE, ID 83616
Identification
Run Dates
•,a%ew n4pSa.
ORDINANCE 413
JANUARY 31, 2002
(Number of Limn
Affidavit
1
Esmou.u.
$375.40
140 X 3
lutgaut
12511
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 at
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
nconsecutive daily
insertion(s)
beginning issue of:
x
single
odd skip
JANUARY 31 , 2002
ending issue of: JANUARY 31 , 2002
STATE OF IDAHO
)
.SS
COUNTY OF ADA
On this 3 1 day of JANUARY 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
are true, and acknowledged to me that she executed the same.
.••••� viU RPS '''•.
,•••• s:
'd
00 OZ AR Y �S Notary Public for Ida o
O Residing at: glse, I"dho
o ®0m 0
(D 04
LEGAL NOTICE
ORDINANCE NO. 413
ORDINANCE CHANGING THE ZONING CLASSIFICATION OF THE REAL PROPERTY DESCRIBED HEREIN FROM R-4 (RESI-
fIAL) CLASSIFICATION TO CBD -DA (CENTRAL BUSINESS DISTRICT - WITH DEVELOPNENf AGREEMEN1 CLASSIFICATION;
WING THE ZONING MAP OF THE CITY OF EAGLE TO REFLECT SAID CHANGE; AND PROVIDING AN EFFECTIVE DATE.
FEREAS, the City of Eagle, Idaho is a municipal corporation organized and operating under the laws of the State of Idaho; and
4EREAS, pursuant to Chapter 65, Tide 67, Idaho Code, the City of Eagle has the authority to adopt, establish and amend a Zoning
ance; and
fEREAS, the Mayor and Council have determined that good cause exists for amending the official zoning map of the Cityof Eagle.
IEREAS, the real property particularly described in Exhibit "A' hereinafter is presently included in the CBD -DA (Central Business District
development agreement) classification under the zoning ordinance of the City of Eagle; andthe
anand�vant City Council
that therfezoning from Rle has �-4 (Residential - fourrmined that the edwelling units per ae is in cre)ce classification with
atio CBD -A (Central
less District - with development agreement) classification is granted.
)W THEREFORE BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE CITY OF EAGLE, IDAHO, AS FOLLOWS:
cation 1: The C' Council hereby finds and determines that it is in the best interests of the public health, safety, and welfare of the City
ogle and the residents and property therein that the real property particularly descn'bed in Exhibit "A' below be removed from the R4
idential - four dwelling units per acre) zoning classification and included in the CBD -DA (Central Business District - with development
emeriti classification pursuant to the Zoning Ordinance of the City of Eagle. The City Council further finds and determines that said zone
gets in accordance with the Eagle Comprehensive Plan and relevant City Codes.
action 2: The described real property generally as shown on Exhibit B" and located as specifically described in the attached legal
:ription Exhibit "A' all situated in the City of Eagle, Ada County, Idaho, is hereby removed from the R-4 (Residential -four dwelling units
acre) classification and the real property described in Exhibit "A' is hereby included in the CBD -DA (Central Business District -with
alopment agreement) Classification.
ection 3: The official Zoning Map of the City of Eagle, Idaho, is hereby amended to reflect the foregoing change in zoning classification.
ecction 4: This ordinance shall take effect and be in force from and after its passage, approval, and one (1) publication of the ordinance
ie official newspappeeyrr of the Cofrity.
2002.
(TTY COUATED NCIL OFdTHE CITY OF EAGLE
da County, Idaho
ick Yzaguirre, Mayor
PEST: Sharon K. Moore, Eagle City Clerk
ITE OF IDAHO
s.
'My of Ada
)n this 22nd day of January, in the year 2002, before me, the undersigned, a Notary Public in and for said State, personally appeared
k Yzaguirre and Sharon K. Moore, known to me to be the MAYOR and CITY CLERK of said municipal corporation that executed this
trument and the persons who executed the said instrument on behalf of said corporation, and acknowledged to me that such corporation
:cuted the same.
n witness whereof, I have hereunto set my hand and affixed my official seal the day and year first written.
olleen Carroll, Notary Public
Residing at: Star Idaho
NH Commission expires: 06-27-07
EXHIBIT "A"
File SLE C
The land referred to in this commitment is described as follows:
A PARCEL OF LAND BEING A PORTION OF LOT 5 OF SCHMELZER ADDffION TO EAGLE, IDAHO, AS RECORDED AT PAGE 689, BOOK 12
' PLAT IN BEGINNINGDAT THE NORTHWEST AND
OMORE FTICULARLY LOT 5; THENCE DESCRIBED AS FOLLOWS:
SOUTH 0 DEGREE 48 WEST, 140.0 FEET ALONG THE WEST BOUNDARY OF LOT 5 TO A STEEL STAKE, THE REAL PLACE OF
'GINNING; THENCE CONTINUING
SOUTH 0 DEGREE 48 WEST 30.0 FEET TO A STEEL STAKE; THENCE
SOUTH 89 DEGREES 12' EAST, 6.0 FEET TO A STEEL STAKE; THENCE
SOUTH 0 DEGREE 48' WEST, 79.1 FEET, MORE OR LESS, TO THE SOUTH BOUNDARY UNE OF LOT 5 MARKED BY A STEEL STAKE,
�IENCE
NORTH 84 DEGREES 11' EAST, 129 FEET ALONG THE SOUTH BOUNDARY OF LOT 5 TO A STEEL STAKE; THENCE
NORTH 5 DEGREES 00' WEST 84.14 FEET TO A STEEL STAKE; THENCE
NORTH 89 DEGREES 12' WEST, 125.1 FEET TO THE PLACE OF BEGINNING.
ALSO INCORPORATING THE FOLLOWING DESCRIBED PREMISES: •
A PARCEL OF LAND LYING IN THE SOUTHWEST 1/4 OF THE SOUTHWEST -1/4 OF SECTION 9 TOWNSHIP 4 NORTH, RANGE 1 EAST,
OISE MERIDIAN, EAGLE ADA COUNTY IDAHO AND MORE PARTICULARLY DESCRIBED AS FOLLOWS;
BEGINNING AT THE SECTION CORNER COMMON TO SECTIONS 8, 9, 17 AND 16• THENCE
NORTH 0 DEGREE 48 EAST, 702.1 FEET ALONG THE WESTERLY BOUNDARY OF THE SOUTHWEST 1/4 OF THE'SAID SECTION 9, WHICH
ALSO THE CENTERLINE OF STATE HIGHWAY NO. 69 (EAGLE ROAD), TO A POINT ON THE NORTHERLY RIGHT-OF-WAY UNE OF
IORTHSIDE DRAIN DITCH (EAGLE, DRAIN)' THENCE
NORTH 84 DEGREES 11' EAST, 398.70 FEET ALONG THE SAID NORTHERLY RIGHT-OF-WAY UNE OF NORTHSIDE DRAIN DITCH AND
AHO INO LBYOOBOUNDARY LATS AT P GE 609, ALSO SAID POINT FILED BEING THE RECOREAL POD IN INT OF E BEGINNING; THENTHE ADACE CONTINUINGRDER, BOISE,
NORTH 84
AND SAID NORTHERLY RIGHT —WA MUNE MORE
SAID NORTHSIDE ALONG DRAIN SAIDITCH{EAGLE RAIN)) TBOUNDARY POINT; THETHE NCE MLEZER
SOUTH 5 DEGREES 00' EAST, 54.64 FEET, MORE OR LESS, TO A POINT ON THE SOUTHERLY RIGHT-OF-WAY UNE OF THE SAID
VORTHSIDE DRAIN DITCH (EAGLE DRAIN); THENCE
SOUTH 84 DEGREES 11' WEST, 134.56 FEET MORE OR LESS ALONG THE SOUTHERLY RIGHT-OF-WAY UNE OF THE SAID NORTHSIDE
DRAIN DITCH (EAGLE DRAIN) TO A POINT ON THE EXTENDED UNE 66.00 FEET EASTERLY OF AND PARALLEL WITH THE NORTH 0 DEGREE
18REAST,
LY 55.00 FEET, MORE
OF 4 OR
LESS ALONG THE OTHE SAID SCHMALSAI EXTENDED UNE 56.00 FEET EASTERLY OF AND PARALLEL WITH THE SAID
EASTEEND OF LEGAL DESCRIPTION
FEB. 2, 1999
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