Ordinance - 2002 - 406 - Zone Change Great Sky #7 - 01/22/2002ADA COUNTY RECORDER
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20024 28 AM; 8:43
ORDINANCE NO. 406
ORDED- REQUEST OF
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FEE -._._DEF TY
102010345
AN ORDINANCE CHANGING THE ZONING CLASSIFICATION OF THE REAL
PROPERTY DESCRIBED HEREIN FROM R-4 (RESIDENTIAL) CLASSIFICATION TO
MU -DA (MIXED USE WITH DEVELOPMENT AGREEMENT) 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-4 (Residential — four dwelling units per acre) 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 MU -DA (Mixed Use
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 MU -DA
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K:\Planning Dept\Eagle Applications \RZ&A\2001\AZ-14-00 MOD ord.doc
(Mixed Use 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.
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 MU -
DA (Mixed Use 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 . ty, Idaho
I. 1111r1
Rick za:1 ' ., Mayor
ATTEST:
Sharon K. Moore, Eagle
,
.41131:- 004410000 „,
o. a
Clerk'
SQAL
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STATE OF IDAHO )
: ss.
County of Ada )
On this a9 day of ,�� , in the year,200,9 , before me, the undersigned, a
Notary Public in and for said State, lersonally appeared kj e k }�z�� qjw r�P and
k, fy)re,,y, , known to me to be the MAYOR and CITYLERK 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.
.•�.•J DPX
E 011 We S,',,
('SPL.,) &)ULJ
, Notary Public
Residing at: Ste/, Joh o
My Commission Expires: a, _Q 7
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EYH1' T
g.. 5505 W. Franklin Road • Boise, k-nhn RS7OS-1 O'S
RECEIVED & FILED
CITY OF EAGLE
Land Description
Great Sky Estates No. 7 Subdivision
September 24, 2000
SEP 2.2000
File:
Route to:
A parcel of land situated in the southwest quarter of the southeast quarter of Section 10,
Township 4 North, Range 1 East, Boise Meridian, Ada County, Idaho, being more particularly
described as follows:
Commencing at the quarter corner common to Sections 10 and 15, Township 4 North,
Range 1 East, Boise Meridian, Ada County, Idaho; thence S89°43'26"E, 584.77 feet along the
boundary common to said Sections 10 and 15 to the southwest corner of land described in
Instrument Number 94005232, records of Ada County, Idaho, which is the Real Point of
Beginning:
Thence N28°27'45"W, 461.22 feet along the southwesterly boundary of land
described in said Instrument Number 94005232;
Thence N44°53'31"E, 153.71 feet;
Thence N24°30'25"E, 132.98 feet to the centerline of Hill Road;
Thence 41.75 feet along a non -tangent curve deflecting to the left with a radius of
485.01 feet, a central angle of 04°55'55", a long chord of 41.74 feet and a long
chord bearing of S79°23'22"E to a point of tangent;
Thence S81 °51' 19"E, 101.56 feet along the centerline of Hill Road;
Thence S08°07'46'W, 326.99 feet to a point of curvature;
Thence 47.90 feet along a tangent curve deflecting to the left with a radius of
75.00 feet, a central angle of 36°35'31", a long chord of 47.09 feet and a long
chord bearing of S10°09'59°E to a point of tangent;
Thence S28°27'45"E, 277.85 feet along a line parallel to the southwesterly
boundary of land described in said Instrument Number 94005232 to the
southerly boundary of land described in said Instrument Number 94005232;
Thence N89°40'34"W, 179.89 feet along the southerly boundary of said lan
described in said Instrument Number 94005232 to the Real Point o
Comprising 2.816 acres, more or less.
Account #
116026
Attention.
The Idaho
Statesman
RECEIVED
CITY OF EAGLE
FEB 0 4 2002
P.O. Box 40, Boise, Idaho 83707-0040 File.
LEGAL ADVERTISING PROOF OF PUBLICATId t�
598866
SHERI HORTON
CITY OF EAGLE
310 E STATE ST.
EAGLE, ID 83616
identification
Run Dates
ORDINANCE 406
JANUARY 31, 2002
Number of Lines
Amount:
$354.12
132 X 3
Affidavit LegaJ-#
1 12504
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
[]consecutive daily
insertion(s)
beginning issue of: JANUARY
ending issue of: JANUARY
X
single
odd skip
31 , 2002
31 , 2002
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 Ida a•
Residing at::..•- e , ho
My Commission expires:
LEGAL NOTICE
ORDINANCE NO. 406 DESCRIBED HEREIN FROM R-4�RESM
AN ORDINANCE CHANGING THE ZONING CLASSIFICATION OF THE REAL PROPERT
DENTIAL){CLASSIIME �0 TO
TO REFLECT USE WAID CHANGE ANDENTAa� AN EFFECTIVESS D cTION; AMENDIN THE
ZONING MAP OF
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 .zoning p �y
e.
WHEREAS, the real property and particularly described in Exhibit cause" e exists
rris pes�n tiincl official
n thR4 (Residential -four�dwelling
AREAS the real
unitsper acre), the
esCity Council
under the zoning ordinance of a min of hat the and EagleComprehensive
MEWS,
relevant City Codes and the that the of
zon ng.from rdR'4 (Residential — our dwelling units per acre) clas�ation to MU -DA (Mixed Ue
District with Development Agreement) classification isDaCOdNCIL OF THE CITY OF EAGLE, IDAHO, AS FOLLOWS:
NOW THEREFORE, CityBE R ORDAINED BY THE MAYOR public
therein that the real property particularly described in Exhibit "A" below be removed from the R-4
alth, safety, and weffare of the City
Section 1: The Council hereby finds and determines that is ncluded in the MU -DA (Mixed Use District with Development Agreement)
(Residential Eagle and the residents lling and propertyyc
classification
n fouraant to
theZoning
per acre)rice zoning classification e City
i yof
class grit rice pursuant
the tiCompreh Ordinance
Plao and elevard Eagle.
CodesC� Council further finds and determines that said zone change is
in ac Eagle generally as shownC on Exhibit "B" and located as specificallydescribed in the attached legal
Sectionptio2: The described real .property g (yhereby
description Exhibitfcdo all situated r in the City descnbed inaExhibCounty,
Adis he is
iluded in thde from
(Mixe R-4ed Use Districtfwwi h Deour velopment
units
per acre) classification and the real property
Agreement) classification.hereby foregoingzoning
Section 4: This ordnance shall take effe t and Eagle,
forIdaho,m after its passage approval, and one (1) publicatif thclassification.
o dinance
in the Secofficial newspaper of the City.
DATED this 22nd day of January, 2002.
CITY COUNCIL 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 1 appeared
On this 22nd day of January, ip the year 2002, before me, the undersigned, a NotaryPublic in and for said State, personally
R strument and
Sharon
who executedknown
the said instrbe the ument on behallf R of said d corpCLERK
oration,fand acknowledged corporation
thatt that
h corrpporad tion
instrument and thep
In witness whereof, I have hereunto set my hand and affixed my official seal the day and year first executed the same.
written.
Colleen Carroll, Notary Public
Residing at: Star ahe : 6-27-07 EXHIBIT "A"
My Commission
Land Description
Great Sky Estates No. 7 Subdivision
A parcel of land situated in the southwest quarter of the southeast quarter of Section 10, Township 4 North, Range 1 East, Boise
ho,
Meridian, Ada County, Idaho, being more particulaSections described as follows:
Commencing3'26 the, 584.77 feet along the bto oundary ommon to six Township
Secti ns 10o anndRange to the asoi southwest come erofland Cdescribed in
thenceuS8
Instrument 28°27' 5 W, 461. records of Ada County, thw Idaho, whichois the Reald Pointec ofib Beginning:
sain
Thence N28°27'45'W, 461.2 feet along the southwesterly boundary of land described in said Instrument Number 94005232;
Thence N44°53'31"E, 153.71 feet
Thence N24°30'25'E,1gg32.98 feet to the centerline of Hill Road;
Thence 41.75 f a o g chord
b ann 0 curve
E tgo to the
Ir � with
arradius of 485.01 feet, a central angel of 04°55'55", a long chord
of ;1.74 feet andlong
2 -fence S81°51'19'E 101.56 feet along the. centerline of Hill Road;
'hence S08°07'46"W, 326.99 feet to a point of curvature;
7iience 47.90 foe et congd bean of curve deflecting
e lec E to to
a the
point f tangent;radius of 75.00 feet a central angel of 36°35'31', a long chord
of
47J9 efeeta28aI longalongrryy
Thence S28°27'45'Ee 277.85hdary of d described parallelitl Instrument r 94005232;bof land described in said Instrument Number
9 e2 8 the southerly
Thence 2 to the ou er 179.89ounboundary
along the southerlyed said
Ins r of sant Numb r 05in said Instrument Number 94005232 to the Real
Comprising 2.816 acres, more or less.
Point of Beginning.
EXHIBIT B
I.
12504