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Ordinance - 2002 - 411 - Annex/Zone Henry's Subdivision - 01/22/2002REC0ROE9y REQUEST OF ADA COUNTY RECORDER O,nb'!r- r1A,I FEE OEM') 2002 JA 28 A;, 8:143 ORDINANCE NO. 411 �� 102010352 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 Planning and Zoning Commission of the City, pursuant to public notice as required by law, held a public hearing on September 17, 2001 as required by Section 67-6525, Idaho Code, and recommended to the Mayor and Council that the annexation and zoning request of Northwest Development, LLC be approved; and WHEREAS, the Eagle City Council, pursuant to public notice as required by law, held a public hearing on October 23, 2001, 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 described in Exhibit "A" 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 \Eagle Applications.RZ&A\2001 W 05-01 & RZ-08-01 ord doc 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", attached, is hereby annexed hereto and zoned Residential (Residential Estates one dwelling unit per two acres) Classification R -E by reference incorporated herein, 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 22nd day of January, 2002. CITY COUNCIL OF THE CITY OF EAGLE Ada lun , Idaho Rick ' za_I 1 , Mayor ATTEST: --Sharon . Moore, Eagle City Cler Page 2 of 3 K \Planning Dept\Eagle Applications \RZ&A\2001\A-05-01 & RZ-08-01 ord doc STATE OF IDAHO ) : ss. County of Ada ) On this „ia day of ,-ranf / , in the year .2007 , before me, the undersigned, a Notary Public in and for said State, personally appeared ,?I c,H V u,, ffr _ and a nn (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. 14 CA • • • •• O a• PUBL%G •.•••978-... OF Waist.* iree iditeA,) , Notary Public Residing at: Sta./, rdca 0 My Commission Expires: 6, -a 7 -0.7 Page 3 of 3 K \Planning Dept\Eagle Applications \RZ&A\2001\A-05-0I & KZ -08-01 ord.doc E 4 tB)T A HUBBLE ENGINEERING, INC. ncLocivcu a riLcv CITY OF EAGLE File. n43: 701 S. Allen St., Suite 102 ■ Meridian, ID 83642 208/044-o=4 . rax CUo/oio-tine J U L 2 2001 Project No. 0113700 July 23, 2001 DESCRIPTION FOR HENRY'S SUBDIVISION A portion of the SE1/4 of the NE1/4 of Section 1, T.4N., R.1W., B.M., Eagle, Ada County, Idaho more particularly described as follows: BEGINNING at the E1/4 corner of said Section 1 from which the C1/4 comer of said Section 1 bears South 89°51'45" West, 2642.19 feet; thence along the East-West centerline of said Section 1 South 89°51'45" West, 1321.10 feet to the CE1/16 comer of said Section 1; thence leaving said East-West centerline North 00°00'31 East, 1342.39 feet to the NE1/16 of said Section 1; thence along the North boundary line of the SE1/4 of the NE1/4 of said Section 1 North 89°51'25" East, 1020.78 feet; thence leaving said North boundary line South 00°00'17" East, 300.00 feet; thence North 89°51'25" East, 300.00 feet to a point on the East boundary line of said Section 1; thence along said East boundary line of South 00'00'17" East, 1042.52 to the POINT OF BEGINNING, containing 38.64 acres, more or less. Prepared by: HUBBLE ENGINEERIN , INC. Gregory G. Carter, P.L.S. J:1Projects\Henry's North 40\Documents\DESHenrysSub.doc x'11 Z.I\,t D & 7 ILZ.w CITY OF EAGLE JUL Z Ziii.. Fila• Route to: If ii Account # 116026 Attention • The Idaho Statesman P.O. Box 40, Boise, Idaho 83707-0040 LEGAL ADVERTISING PROOF OF PUBLICA Mit 599158 SHERI HORTON CITY OF EAGLE 310 E STATE ST. EAGLE, ID 83616 identification Run Dates ORDINANCE 411 RECEIVED & FILED CITY OF EAGLE FEB 0 4 2002 File: t $380.72 JANUARY 31, 2002 Number of Linea 142 X 3 'Affidavit 1 lug" 12509 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: CNE nconsecutive weekly nconsecutive daily insertion(s) beginning issue of: JANUARY ending issue of: JANUARY STATE OF IDAHO WI single odd skip 31 , 2002 31 , 2002 ro,UBtetk. .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 ,sse,,,,ecy##by me first duly swom, declared that the statements therein ••• ,,%,x.10 RPS by true, and acknowledged to me that she executed the same. .l+Pptffry 'ublic for Ido o'er • G Riesiditi at:- else, Idaho VIK PUBN> .• ••, l.'•°°.°••° ti •• p:•`; •.,.#.,g TE, ',% OF. mission expires: I I v) o 1 ORDEAL NOTICE 411 AN ORDINANCE ANNEXING CERTAIN REAL PROPERTY SITUATED IN THE UNINCORPORATED AREA OF ADA COUNTY IDAHO REAL LIMITS OF CITY OF NG THEE TO CLASSIFICATION OF THCITY OF EAGLE, E E REAL PROPERTY USHING THE AND CONTIGUOUS TO THE CORPORA DZOSING CLASSIFICATION AMENDING WUDMAP OF THE CITY OF EAGLE TO REFLECT SAIDA GES; DIRECTING THA T CEPIES OF HEREIN• NICEB� AS PNRGOVIDED BY LAW; AND PROVIDING AN EFFECTIVE COPIES OF THIS ORDINANCE WHEREAS, the City of Eagle, in the lawsr provided to of Idaho 51 is Idaho is a municipal corporation organized and operating under the of the State of Ida o andis authorized to annex to and incorporate within the boundaries of the City contiguous real property 2, Idaho EREode and situated in the unincorporated area of Ada County and particularly described in Exhibit °A" of WHEREAS, , the owners eofd the realwritiproperty of to a City of Eagle; and thi�mbEbertce hashfanning and Zoningd by annexation tomm sio �� C pursuant to public notice as required by law, held a public hearing on September 1`/, 2001 as rewired Seaton 67-6525, Idaho ode and recommended to the Mayor and Council that the annexation and zonin re est of Northwest Development, LLC be approved andg described in Exhibit "A", as required bySection 6725, Idaho Cdescribedden findings the Eagle City Council pursuant topublit notice as required by law, held apublic hearing_ on October 23, 2001,on the and dete annexation and zoning for the real prshoul be granted and that a zoning classification of R•E for the propert)I it and determined thato the requested annexation �d "A" is appropriate to meet the requirements of Idaho Code Eagle C Code and the Eagle Comprehensive Plan and should be granite d. eeqquu City de IDA described as Exhibit "A attached hereto and NOW, THEREFORE,Thea e City Council ilhereby finds an declares thatthereal property IDAHO,in follows: Section 1: The Eagle C'dyat said property can be reasonably assumed to be used for the orderly incorporated velby reference, belowhis ownerneof said to the City, that theparticularly described in Exhibit "A" Sectiondevelopment 2: of the City, and that the e in Aproperty has o, ad aces in writing annexation thereofo the City. gThe real property, all , attached, Asa erebyy, Idaho adjacentand d and condi nus to the City, dential Estates — one Classification Ro-E Exhibit rreference incorporated herein, to the incorporated territorial limits of the City of Eagle Idaho. ing unit per and as generally shown on Exhiod "B", is hereby annexed azoned aboveeresbherebyal lestablished as Residential l(Residerrtial two acres) TThof SectionEs s3: The dwelling zoningland use acres) Dation ,the land described attached described provided Section 2 aboveinin the nE zoning City.— one Zoning unit ap of the C�1 ���reby as to include the reall property herein, as nby the2 aboOrdie R -E the City., The officialdescribed of Eagle. distract. and persons within the boundaries and territory Section 4: From and after the effective date of this Ordinance, all property above The City to all ordinances, hereby y directed police withinreten (1 s taxation, and other powers a � hi Idaho State Tax commission, copy Section 5: The Cily Clerk is hereby directed to trier, ten (lO) days of passager►tY and approval of this Ordinance, a certified copy of wftAda h the provisions hf Idaho, action with 63-2215, Idaho Code, with regard to Boise r daho, as required the oby Section 50-223,s of the Idaho Cuode, and to comp' with pr is this of Section. the preparation ads Ordnance of a map and a legal dect and tieni of lace real prandtiy pp So b C ion oftre ordinance asusummaary ereeoof in compliancaeftwith Section -50-901A, 2Idaho Code may be pution as blished. ed by law. n lieu of publication ay, 2002. CITY COUNCIL OF THE IOF AGLEE Ada County, Idaho Rick Yzaguirre, Mayor ATTEST: Sharon K. Moore, Eagle City Clerk STATE OF IDAHO ) ss. County of Ada 1cnpersonally appeared On this 22nd day ofh January, in the year 2002, said ibnstrument to ethe rlf and said corporation,ERKa Notary of nd acknowledged cd tState,a that such corporation Rick Yzaguirre and Sharon ,K�. o Moore, known � to be the MAYOR and CrTY CLERK said municipal corporation that executed this instrument and the persons executed the same. official seal the day and year first written. In witness whereof, I have hereunto set my hand and affixed my Colleen Carroll, Notary Public • Residing at Exp : 06-27-07 • Project tNNo. .00113700 p 2PTIONFOR �� (HENRY'S SUBDIVISION County,particularly A portion G the se E1/4 comerofsaid Section 1, Nom which the C1/Eagle, omerdo iSection more arrs South 89°51'45' est 2642.19 BEGINNING at feet; South thence leavinsaidaEasst-Westtcce tnte►line North 00°00'31 Section 89°51'45" West, 1321.10 feet to the CE1/16 comer of 1342.39 f Section to the 16 said 2 d East, Section i020.78 feet said Section 1; thence along-thes g NE1/4 of thence North boundary line of the SEl/4 of the thence leavingsaid North boundary line South 00°00'17' East, 300.00 feet; thence North9°51'25° East, 300.00 feet to a pdmt on the East boundary line of said Section 1• thence along said East boundary line of South 00°00'17' East, 1042.52 to the POINT OF BEGINNING, containing 38.64 acres, more or less. Gregory by: BLL ENGINEERING, INC. �q A CITYOF�T (For The cPeop(e of Idaho ,n e'• STATE TAX COMMISSION 800 Park Blvd.. Plaza IV • Boise. ID • 83722 March 7, 2002 Sharon K. Moore Eagle City Clerk/Treasurer P.O. Box 1520 Eagle, ID 83616 Subject: Ordinance Nos. 409, 410, and 411 Dear Ms. Moore: RECEIVED CITY OF EAG EU� MAS 0 8 2002 Fire: Route to: 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, e. ter --ter 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