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Ordinance - 2002 - 410 - Annex/Zone Addie Corner - 01/22/2002ADA COUNTY RECORDER .;. DAVID NAVARRO 2002 JA 28 AM ad E+3 ORDINANCE NO. 410 RECORD - REQUEST OF FEE PUT P U T Y 102010351 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 SMD 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 August 20, 2001 as required by Section 67-6525, Idaho Code, and on September 4, 2001 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 9, 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- 4 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 AEagle Applications \RZ&A\2001\A-04-01 & RZ-07-01 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 Four - up to four dwelling units per acre) Classification R-4 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 Four - up to four dwelling units per acre) 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-4 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 C ty, Idaho Rick za ayor ATTEST: _O--\f(C4A? sl_,_- 'I((4,H-2 ‘---Sharon. Moore, Eagle City Clerk ate" s �4F �t .000 wr `Oe�Po,E0$4�'a\ 1to ©®w' by I ii I SEAL 1 lifr vrt 0,y Page 2 of 3 K.\Planning Dept\Eagle Applications\RZ&A\2001\A-04-01 & RZ-07-01 ord.doc STATE OF IDAHO ) : ss. County of Ada ) On this ,;�,7 day of t , in the year02O0,2 , before me, the undersigned, a Notary Public in and for said State, Personally appeared Rio < y7 w, r/C and _jhatoi) ){. fficnira , 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. Alln.) , Notary Public Residing at: Stcf, Idah o My Commission Expires: 6 - 2 7 -O.7 Page 3 of 3 K \Planning Dept\Eagle Applications \RZ&A\2001W-04-01 & RZ-07-01 ord.doc 06.•20:01 13:12 FAX 375 0997 EYHI8IT A 10 .j A Pioneer Compar:y PIONEER TITLE COMPANY oP ADA COUNTY 8151 W. Rifleman Ave / Boise, Idaho 83704 / (206) P- i Lar 1 `a (4- Fi WARRANTY DEED t7ND]v1DUAL) SOS /61/.00 !/ 7 File• 377-2700 FOR VALUE RECEIVED GEORGE L. JENSEN AND CAROL X. JENSEN, HUSBAND AND WIFE Grantor 6 , do hereby grant, bargain, sell and convey unto WILLIAM D. LEAV£LL AND LUCILE M. LEAVELL, HUSBAND AND WIFE x27-20 the Grantee s , whose current address is: tltc following described real property in ADA follows, to -wit: SEE ATTACHED EXHIBIT MADE A PART OF 5 Ar; t Dir3trgq2... U� _ i, 11: County, State of Idaho. moreparticulaty described as "A" WHICH BY THIS REFERENCE IS INCORPORATED HEREIN AND AND PCO2 AO a CUU)ITY RECORDco J. RO ()AVID NOA110 1398 MI l k Psi 'i: 50 REC0RGED-RE3UEST OF FEEe-UE 96046520 TO HAVE AND TO HOLD the said premises, with their appurtenances unto the said Grantee and Grantee bears and assigns forever. And the said Grantor ado hereby covenant to and with the said Grantee e , the Grantor s are the owner : in fee simple of said premises; that said premises arc free from all encumbrances, EXCEPT those to which this conveyance is expressly trade subject and those made. suffered or done by the Grantee s and subject to reservations, restrictions, dedications, easements, rights of way and agreements, (if any) of record, and general taxes and assessments, (Includes Irrigation and utility assessments, (if any) for the current year. which are not yet due and pay able, and that Grantor will warrant and defend the sunt from all lawful clalrns whatsoever. Dated: May 12, 1998 40 dry P GEO E L.'JEN� CAROL' JENS6N,0 a pe+N°p7p0:e.•eeu STATE OF rnAHD ,� 1.]r, sno se. a S`:s�ppaw.,y.y On this 13_ day Qf_ j y , . in e year of 1098 . before me THE U)3DERS I;IL _ r , a notary public, per- sonally appeared ___GEB4 Gi_J..._7L11RNiEN known or identified tome tb bit t w Esc name a rr. • subscribed to the within instrument, and acknowledged to me thil. exeeirlIamc. rTl'OP19pss..t , „ .t uoese, ID Not Public: fJ_�i�?[C��_- r J5!05r99 Residing at: My Comutission Expires: X002 RECEIVED & FILED CITY OF EAGLE JUN 2 7 2001 06.'20.'01 13:12 FAX 375 0997 003 xisl13IT p 2of2 FROM SECTION CORNER COMMON TO SECTIONS 2, 3, 10 ANO 11 IN TOWNSHIP 4 NORTH, RANGE 1 EAST, BOISE MERIDIAN,; THENCE WEST ON SECTION LINE, 90 FEET TO THE REAL POINT OF BEGINNING; THENCE WEST 860 FEET; THENCE SOUTH 8 DEGREES 00' WEST 235.8 FEET; THENCE EAST 982.9 FEET TO POINT ON SECTION LINE; THENCE NORTH 183.8 FEET ON SECTION LINE; THENOE WEST 90 FEET; THENCE NORTH 50 FEET TO THE REAL POINT OF BEGINNING. EXCEPT THAT PORTION CONVEYED TO ADA COUNTY HIGHWAY DISTRICT SY DEED AECORDED UNDER INSTRUMENT NO. 96072197 AMO FXCFPT THAT PORTION LYING WITH STATE HIGHWAY NO. 55. END OF LEGAL DESCRIPTION RECEIVED & FILED CITY OF EAGLE File. Route to: CITY OF EAGLE �` 1 2 7 21 File Route to: Account # 116026 Attention• Mit The Idaho Statesman P.O. Box 40, Boise, Idaho 83707-0040 LEGAL ADVERTISING PROOF OF PUBLIC to I RECEIVED &FILED' CITY OF EAGLE FEB 0 4 2002 File' Jdentificatioa Amount: 599083 P.O.# SHERI HORTON CITY OF EAGLE 310 E STATE ST. EAGLE, ID 83616 Run Dates ORDINANCE 410 $477.81 JANUARY 31, 2002 Number of Linea Affidavit 1 133 X 4 lualau 12508 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 nconsecutive daily insertion(s) beginning issue of: single odd skip JANUARY 31 , 2002 ending issue of: JANUARY 31 , 2002 xi/ STATE OF IDAHO ) .SS COUNTY OF ADA ) On this 31 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 swom, declared that the statements therein are true, and acknowledged to me that she executed the same. Notary Public for Id�h-o Residing ateief, Idaho My Commission expires: I (p (() t A LEGAL NOTICE ORDINANCE NO. 410 I ORDINANCE ANNEXING CERTAIN REAL PROPERTY SITUATED IN THE UNINCORPORATED AREA OF ADA COUNTY, IDAHO AND CONTIGUOUS TO THE CORPORATE TS OF THE CITY OF EAGLE TO THE CITY OF,EAGLE, IDAHO; ESTABLISHING THE ZONING CLASSIFICATION OF SAiD REAL PERTY; CHANGING THE ZONING Et S IC TIO ORDINANCE THE REAL BE TROPFILEAS PROVIDED BY LAW; NAND DING E ZONINGEFFECMAA DATE.OE CiTY OF EAGLE TO REFLECT SAID CHANGES; DIRECTING. THAT HEREAS 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 idaries of the City contiguous real property in the manner provided by Section 50.222 Idaho Code; and HEREAS, 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, 'xation of said real property to the City of a • and IFfEREAS, the Planning and Zoning Commission of the City, pursuant to public notice as required by law, held a public hearing on August 20, 2001 as required by Section 67-6525, o Code, and ontember 4, 2001 recommended to the Mayor and Council that the annexation and zoning request of Northwest Development, LLC be approved; and iHEREAS the Ea e City Council pursuant to public notice as required by law, held a public hearing on October 9, 2001, on the proposed annexation and zoning for the real property Fribed in Exhibit ", 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•4 Vie 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. OW, THEREFORE BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE CIN OF EAGLE, IDAHO as follows: that said prop er can City Council asonaby assumed to to used for the orderlyl developmentof the City,aed in nd that the wnerattached ereto and of said property has equestede ncwriting, nnexation thereof to City. Action 2: The real property, all situated in Ada County Idaho, adjacent and contiguous to the City, particularlydescribed in Exhibit "A" and as generally B shown on Exhibit '137, attached, ereby annexed hereto and zoned Residential (Residential Four — up to four dwelling units per acre) Classification R-4 by reference incorporated herein, to the incorporated territorial limits he City of Eagle, Idaho. ,action 3: The zoning land use classification of the land described in Section 2 above is hereby established as Residential (Residential Four — up to four dwelling units per acre) District, reflected on Exhibit Ir,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 lection 2 above in the R.zoning district. 'action 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 ail ordinances, olufions, police regulations, taxation, and other powers of the City of Eagle. lactim 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, usurer, and Assessor of Ada County, Idaho, and with the with State Tax commission, Boise, Idaho, as required by Section 50-223, Idaho Code, and to comply with the provisions of :bon 643.2215 Idaho Code, with regard to the preparation and filing of a map and legal description of the real property annexed by this Ordinance. 7lection entrry thyereof in : This Ordinaaneeshall ll take Secteffect and be IdnhforceCof oma and after blisits passage, approval, and publication as required by law. In lieu of publication of the entire ordinance, a co ;ITTYY d. COUNCIL OF THdayE CITY OF EA�2 tda County, Idaho tick Yzaguirre, Mayor ,TTEST; Sharon K. Moore, Eagle City Clerk STATE OF IDAHO J : ss. wounty of Ada On this 22nd day of Januaryin the year 2002, before me, the undersigned, a NotaryPublic in and for said State, personalty appeared Rick Yzaguirre and Sharon K. Moore, known to me be the MAYOR and CITY CLERKK of said municipal corporation that executed this instrument and the persons who executed the said instrument on behalf of said corporation, and knowledged 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. Colleen Carroll, Notary Public Residing at Star Idaho My Commission Expires: 06-27-07 IT .. FROM SECTION CORNER COMMON TO SECTIONS 2 3 10 AND 11 IN TOWNSHIP 4 NORTH,RANGE 1 EAST, BOISE MERIDIAN,; THENCE WEST ON0 FEC11ONIUNE, 90 FEET TO THE REAL POINT OF BEGINNING; THENCE WSOUTH 8 DEGREES 00' WEST 235.8 FEET; THENCE EAST 982.9 FEET TO A POiNT ON SECTION UNE; THENCE NORTH 183.8 FEET ON SECTION LINE; THENCE WEST 90 FEET• THENCE NORTH 50 FEET TO THE REAL POINT or BEGINNING. THAT PORTION CONVEYED TO ADA COUNTY HIGHWAY DISTRICT BY DEED RECORDED UNDER INSTRUMENT NO. 96072197 AND EXCEPT _ D OFORTION LEGAL DESCRIPTIONINGWIH STATE HIGHWAY NO. 55. P-Iu,TP 4./44ii WARRANTY DOD ?OR VALUE SECISVED mice L. Jim AlID DARM17. JE2MC 807811m On VIES GU= s .de hetehy yas tamale. sell ted cams mle 10.1.I.1SS D. ISSTISS. MD MILE at. 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Orsnll ofteceed. and gmend%Telmd aonsmroett. ==**lamb a�•a assetredneaadpsyebb.alalSal Onales tee massoat � Wel s Dated: tfay 1z, 1998 "Txrs or , b On dais ar it vaulty T lme+aerridmattelsa x0. aelmeslaased m me the op "e .e..ee. tD r *NateM s yew ot_n+fa .take*em _938.12111=e8Z11. , asemypablio.Yes` to tse.idsnitiamamst. s•dst'd • Pub. Jan. 31, 2002 RoesA>DUe .�. sada* so ]dy tommisien EepieeS }aig • i2C uFe v 1 £.H i_I_i milli7 1 1 11111NI itliTlici tilla OA :!4": lmwat urn.' °I truPnwili11. NWIL!Cmia. II€3fti,r lot / . 12508 ,For The PLoprretfIdaho STATE TAX COMMISSION 8(K) 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: r RC EIVED OF EAGLE MAR 0 8 2002 Filer 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, 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 1-500-377-3529