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Ordinance - 2002 - 412 - Change Zoning 1795 W. Floating Feather Road - 01/22/2002ADA CCJ" i Y RECORDER DAVID NAVARRO 2002 JA 23 All 8:1+3 ORDINANCE NO. 412 „ECORDED REQU FEE DEPUTY 7. 102010350 AN ORDINANCE CHANGING THE ZONING CLASSIFICATION OF THE REAL PROPERTY DESCRIBED HEREIN FROM A (AGRICULTURAL) CLASSIFICATION TO R- E (RESIDENTIAL ESTATES) 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 Exhibit "A" hereinafter is presently included in the R -E (Residential Estates -- one dwelling unit per two acres) 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 -E (Residential Estates - one dwelling unit per two acres) 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 A (Agricultural) zoning classification and included in the R -E (Residential Estates — one dwelling unit per two acres) 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\20: 1\RZ-10-01 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 A (Agricultural) classification and the real property described in Exhibit "A" is hereby included in the R -E (Residential Estates — one dwelling unit per two acres) 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 CITY COUNCIL OF THE CITY Ada Co , , , Idaho el .,'J1/,/ mr Rick Yzagui ATTEST: ayor , 2002. OF EAGLE Sharon " . Moore, Eagle City Cler STATE OF IDAHO ) : ss. County of Ada ) On this ,,2,? day of .�a n r t"az , in the year &Co , before me, the undersigned, a Notary Public in and for said State, personally appeared Ric )2_ y7�q cu ir- _ and Sharon R. /Ylon(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 wri''ex,,.....,,,,.,. • */* ## gh LA) PAhitti OP Nov qf p . • = Cr t1OTA�� se I. , Notary Public _ *i Residing ' * : Residing at: Stay-,rc�ah o Z PUBLIC' • My Commission Expires: (o 7 0 7 •,-14eOF ...•�•'s 19 Page 2 of 2 ICT boning Dept ,Eagle Applications\RZ&A.2Cu) nR2-10-01 ord. doc Aug -06-01 03:20P Arrow '_and Surveying ARROW 208 9^9-7321 P.02 EXHIBIT 4 Engineering & Surveying GPS, BOUNDARY, TOPOGRAPHIC AND A.L.T.A. SURVEYS CONSTRUCTION STAKING 222 E. State Street • Suite B • Eagle, Idaho 83616 • office: 1-208-939-7:73 • FiyeaF-Ev"`1 AUG 0 8 2001 File. Routq Np p A i T.B.F. 7-3-01 LEGAL DESCRIPTION FOR MIKE MALTERRE Part of the NE 1/4 NE 1/4 of Section 7, Township 4 North, Range 1 East, B.M., Ada County, Idaho described as: Beginning at a point on the north section line that is S 89°31' 10" W 300.00 feet from the Northeast Corner of Section 7 to the True Point of Beginning and running thence S 89° 31' I0" W 243.18 feet along said north section line; thence S 080. 30' 10" W 453.42 feet; thence S 00° 10' 10" W 56.95 feet; thence N 89° 14' 50" W 17.36 feet to the centerline of NEW DRY CREEK CANAL; thence along said centerline the following (10) ten courses: thence (1) S 02° 04' 54" E 29.16 feet; thence (2) S 25° 32' 21" E 71.85 feet; thence (3) S 34° 50' 12" E I45.88 feet; thence (4) S 23° 27' 13" E 40.37 feet; thence (5) S 17° 29' 49" E 143.65 feet; thence (6) S 14° 08' 28" E 176.92 feet; thence (7) S 20° 57' 04" E 67.92 feet; thence (8) S 30° 39' 37" E 81.79 feet; thence (9) S 49° 14' 14" E 58.59 feet; thence (10) S 63° 32' 39" E 65.17 feet; thence S 00° 45' 10" W 44.14 feet; thence S 89° 14' 50" E 225.00 feet to the southeast corner of the NE 1/4 NE I/4; thence N 000 43' 45" E 591.29 feet along the east section line of said Section 7; thence S 89° 31' 10" W 300.00 feet; and thence N 00° 43' 45" E 726.00 feet to the True Point of Beginning. Parcel contains 9.87 acres. n6.V41 V ...... ... CITY OF EAG AU 3 0 8 2d11 =IIP• Rciute to. MOLE rOaE Saga. -FE2AtiNG FEATHER pr (4 r 11111 1 II srgrE NIGHl aY 44 r P11 di ,,vi RJj amigo - T miL r 11/41 Vicinity Map Malterre Residence I� N Account # 116026 Attention. The Idaho Statesman RECEIVE -D & FILED CITY OF EAGLE FEB 0 4 2002 P.O. Box 40, Boise, Idaho 83707-0040 File: LEGAL ADVERTISING PROOF OF PUBLICATION to. DIM 599130 SHERI HORTON CITY OF EAGLE 310 E STATE ST. EAGLE, ID 83616 Jdentificabon Run Dates ORDINANCE 412 JANUARY 31, 2002 Number of Uneg Affidavit 1 ttmouriL $338.16 126 X 3 lutgaut 12510 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 nconsecutive weekly nconsecutive daily insertion(s) beginning issue of: X single odd skip JANUARY 31 , 2002 ending issue of: JANUARY 31 , 2002 /Am .-410PALtA 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. Notary Public or Idaho Residing at: - :Idaho My Commission expires: I t (et11L1 LEGAL NOTICE ORDINANCE NO, 412 OM A { TURAL)) CLASSIFICATION ORDINANCACHANGING R-EE (R ESIDENTIAL GENTIALEEST�ATES) CLASSIFICATION PROPERTY AMENDING THE ZOONIING ED AP 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, Tate 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 thatood 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 R -E (Residential Estates — one dwellin unit per two acres) classification under the zoning ordinance of the City of Eagle; and WH , 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•E (Residential Estates — one dwelling unit per two acres) classification is granted. NOW THEREFORE BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE CITY OFEAGLE, IDAHO, AS FOLLOWS: Section 1: The City Council hereby finds and determines that it is in the best interests of the public heafth, safety, and welfare of the Cite of Eagle and the residents and property therein that the real property particularly described in Exhibit "A" below be removed from the A (Agricultural) zoning classification and included in the R.E (Residential Estates — one dwelling unit per two acres) 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 the attached legal description Exhibit "A" all situated in the Crty of Eagle, Ada County Idaho, is hereby removed from the A (Agricultural) classification and the real property described in Exhibit "A" is herebyincluded in the R -E (Residential Estates — one dwelling unit per two acres) 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 newspapera�of the City.rit CII YY COUNCIL OFdTHE CITY OF �AGLLE2' Ada County, Idaho Rick Yzagulrre, Mayor ATTEST: Sharon K. Moore, Eagle City Clerk STATE OF IDAHO ) : ss. County of Ma ) On this 22nd day of Januaryin the year 2002, before me, the undersigned a Notary Public in and for said State, personally appeared Rick Yzaguirre and Sharon K. Moore, 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 fny official seal the day and year first written. Colleen Carroll, Notary Public Residing at: Star Idaho My Commission Expires: 06-27-07 LEGAL DESCRIPTION FMIKE MALTERRE Part of the NE 1/4 NE 1/4 of Section 7, Township 4 North Range 1 East B.M., Ada County, Idaho described as: Beginning at a point on the north section line that is S 89°!31'10' W 300.00 feet from the Nrtheast Comer of Section 7 to the True Point of Beginning and running thence S 89° 31 10' W 243.18 feet along said north section line; thence S 08°30'10' W 453.42 feet; thence S 00°10'10' W 56.95 feet; thence N 89°14'50' W 17.36 feet to the centerline of NEW DRY CREEK CANAL; thence along said centerline the following (10) ten courses: thence (1) S 02°04' 54' E 29.16 feet; thence (2) S 25° 32' 21' E 71.85 feet; thence (3) S 34° 50'12' E 145.88 feet; thence (4) S 23° 27'13' E 40.37 feet; thence (5) S 17°29'49' E 143.65 feet; thence (6) S 14°08'28' E 176.92 feet; thence (7) S 20° 57' 04' E 67.92 feet; thence (8) S,30° 39'37' E 81.79 feet thence (9) S 49°14'14' E 58.59 feet thence (10) S 63°32'39' E 65.17 feet• thence S 00°45'10' W 44.14 feet; thence S 89°14' 50' E 225.00 feet to the southeast corner of the NE 1/4 NE 1/4• thence N 00° 43' 45' E 591.29 feet along the east section line of said Section 7; thence S 89°31' 10' W 300.00 feet and thence N 00°43'45' E 726.00 feet to the True Point of Beginning. Parcel contains 9.87 acres. Vicinity Map Ma Item Residence Pub. Jan, 31, 2002 12510