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Ordinance - 2002 - 408 - Annex/Zone Autumcrest - 01/22/2002ADA COUNTY RECORDER J. DAVID t AVARRO I RECORDED -7 QUEST FEE DEPUTY_ 2002Jd28 AM8:43 -5-f)-- 102010347 ORDINANCE NO. 408 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 4, 2001 and September 10, 2001 as required by Section 67-6525, Idaho Code, and on September 10, 2001 recommended to the Mayor and Council that the annexation and zoning request of Pacific Ridge be approved; and WHEREAS, the Eagle City Council, pursuant to public notice as required by law, held a public hearing on November 13, 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\200I\A-02-01 & RZ-05-01 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 1 un ,Idaho Rick za , Mayor ATTEST: lY:sz1-e Sharon K. Moore, Eagle City Cl k ©r� it _1,4 0 Etii .2. et SEAL 4 a 41 ctriC Page 2 of 3 K \Planning Dept\Eagle Applications \RZ&A\2001\A-02-01 & RZ-05-01 ord.doc STATE OF IDAHO ) : ss. County of Ada ) On this ‘,2,,,7 day of Jci.i),a aa-. , in the yeardpoa , before me, the undersigned, a Notary Public in and for said State, personally appeared p,,,k v7 cc 1 ��� and Mori' , known to me to be the MAYOR and CITY seLERK 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. em/Thi 60A40) , Notary Public Residing at: 5 tfx7., 1 dcLA o My Commission Expires: 6 .2 7 0 7 Page 3 of 3 K \Planning Dept\Eagle Applications \RZ&A\2001\A-02-01 & RZ-05-0I ord.doc EXHIBIT A. 1 HUBBLE ENGINEERING, INC. 701 S. Allen St., Suite 102 Meridian, ID 83642 vL.L a rlL. L/ CITY OF EAGLE MAY 31 20C1 FiIP• Ani thit trr 208/322-8992 • Fax 208/378-0329 Project No. 0107100 May 30, 2001 AUTUMNCREST ANNEXATION AND REZONE RUT TO RE A portion of the SW1/4 of the NE1/4 of Section 6, T.4N., R.1 E., B.M., Ada County, Idaho, more particularly described as follows: Commencing at the northwest corner of said Section 6; thence North 89°22'35" East, 2425.08 feet to the 1/4 corner common to Section 31, T.5N., R.1E., and the said Section 6; thence along the North- South mid-section line South 1°45'51" East, 1305.89 feet to the C -N 1/16 corner being an angle point on the exterior boundary of Kensignton Meadows Subdivision, as same is recorded in Book 60 of Plats at Page 6026, records of Ada County, Idaho, said point being the REAL POINT OF BEGINNING. Thence along the southerly boundary of said subdivision and the northerly boundary of the SW1/4 of the NE1/4 North 88°31'07" East, 1322.97 feet to the NE1/16 corner; thence South 1°45'17" East, 1322.32 feet to the C -E 1/16 corner; thence along the East-West mid-section line South 88°13'03" West, 1022.73 feet; thence North 1°45'51" West, 50.00 feet; thence South 88°13'03" West, 300.00 feet to a point on the North-South mid- section line; thence along said line and the easterly boundary of said Kensington Meadows Subdivision North 1°45'51" West, 1279.27 feet to the Point of Beginning. Containing 39.92 acres, more or Tess. Prepared by: HUBBLE ENGINEERING, INC. D. Terry Peugh, P.L.S. JAProjectsTetrie-Craig-Topo-Boun-PrePlat (01-071-00»DocumentsWutumncrestSub-RUT-RE.doc ea-t7gr` up J Account # 116026 Attention The Idaho Statesman P.O. Box 40, Boise, Idaho 83707-0040 LEGAL ADVERTISING PROOF OF PUBLICA1I, mount' RECEIVED & FILED CITY OF EAGLE FE3 0 4 2002 598959 SHERI HORTON CITY OF EAGLE 310 E STATE ST. EAGLE, ID 83616 Identification ORDINANCE 408 pun Dates JANUARY 31, 2002 (Number of Linea Affidavit 1 $378.06 141 X 3 Leoal # 12506 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: JANUARY ending issue of: JANUARY STATE OF IDAHO ) .Ss COUNTY OF ADA X single odd skip 31 , 2002 31 , 2002 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. $C7:0Notary Publi for Id ' Residing at, Idaho My Commission expires: 1 1 0 I n Lf LEGAL NOTICE ORDINANCE NO. 408 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 THS ZONING CLASSIFICATION OF SAID REAL PROPERTY; CHANGING THE ZONING CLASSIFICATIOII 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 4, 2001 and September 10, 2001 as required by Setion 676525, Idaho Code, and on September i0, 2001 recommended -to the Mayor and Council that the annexation and zoning request of Pacific Ridge be approved; and WHEREAS, the Eagle City Council, pursuant to public notice as required by law, held a public hearing on November 13, 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 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 Cite 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 film 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 thye entire ordinance, a summary thereof in compliance with Section 5b -901A, Idaho Code, may be published. CITY CTEDOUNCIL OF THE CITY OF EAGLE Ada County, Idaho Rick Yzaguirre, Mayor ATTEST: Sharon K. Moore, Eagle City Clerk STATE OF IDAHO ) ss. County of Ada I 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. January, 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. Colleen Carroll, Notary Public Residing at: Star Idaho My Commission expires: 06-27-07 EXHIBIT "A" Project No. 0107100 May 30, 2001 AUTUMNCREST ANNEXATION AND REZONE RUT TO RE A portion of the SW1/4. of the NE1/4 of Section 6, T.4N., R.1E., B.M. Ada County, Idaho, more particularly described as follows: Commencing at the northwest comer of said Section 6; thence North 89°2'35" East, 2425.08 feet to the 1/4 comer common to Section 31, T.5N., R.1E., and the said Section 6; thence along the North-South mid-section line South 1°45'51" East 1305.89 feet to the C -N 1/16 comer being an angle point on the exterior boundary of Kensignton Meadows Subdivision, as same is recorded in Book 60 of Plats at Page 6026, records of Ada County,Idaho, said point being the REAL POINT OF BEGINNING. Thence along the southerly boundary of said subdivision and the northerly boundary of the SW1/4 of the NE1/4 North 88°31'07" East, 1322.97 feet to the NE1/16 comer; thence South P45',17 East, 1322.32 feet to the C.E 1/16 comer; thence along the East-West mid-section line South 88°13'03' West, 1022.73 feet; thence North 1°45'51' West, 50.00 feet; thence South 88°13'03" West, 300.00 feet to a point on the North-South mid-section line; thence along said line and the easterly boundary of said Kensington Meadows Subdivision North 1°45'51' West, 1279.27 feet to the Point of Beginning. Containing 39.92 acres more or Tess. Prepared by: HUBBLE ENGINEERING, INC. D. Terry Peugh, P.L.S.