Ordinance - 2001 - 402 - Change Zoning At 209 S Eagle Road - 09/18/2001ADA COUNTY RECORDER
J. DAVID MAVARRO
W1i(3F. IDAHO
ZOO I SP 27 AM 8: 39
ORDINANCE NO. 402
RECORDED • REQUES T Or
FEE DEPUTY
101099272
AN ORDINANCE CHANGING THE ZONING CLASSIFICATION OF THE REAL
PROPERTY DESCRIBED HEREIN FROM R-4 (RESIDENTIAL DISTRICT — FOUR UNITS
PER ACRE) CLASSIFICATION TO CBD -DA (CENTRAL BUSINESS DISTRICT WITH
DEVELOPMENT AGREEMENT) CLASSIFICATION; AMENDING THE ZONING MAP OF
THE CITY OF EAGLE TO REFLECT SAID CHANGE; AND PROVIDING AN EFFECTIVE
DATE.
WHEREAS, the real property particularly described in Exhibit "A" hereinafter is presently
included in the R-4 (Residential District — Four 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 District — Four Units per Acre) classification to CBD -DA (Central
Business 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 District — Four Units per Acre) zoning classification and included in the CBD -DA
(Central Business 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 District — Four Units per
Acre) classification and the real property described in Exhibit "A" is hereby included in the
CBD -DA (Central Business 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.
Page 1 of 2
K:\COUNCIL\Ordinances\Ord 402.doe
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 18th day of September, 2001.
CITY COUNCIL OF THE CITY OF EAGLE
Ada Cou , , Id. o
Rick Yzaguirr
ATTEST:
✓ Sharon Moore, Eagle City 61erk
STATE OF IDAHO )
County of Ada )
On this /g day of1/4.YeiPY , in the year : 00
Noy Public in and for said State, personally appeared
K. /Adore.. , known to me to be the MAYOR and C
ss.
before me, the undersigned, a
11 and
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.
, Notary Public
Residi g at: // 2J
My Commission Expires: hp1/p?3/Ov3
Page 2 of 2
K:\000NCIL\Onlinances\Ord 402.doc
Roylance & Associates P.A.
391 W. State Street, Suite E, Eagle, Idaho 83616
EXHIBIT A
November 27, 2000
Project No. 2133
Legal Description
J Bar K & Associates
18,438 Square Foot Tract
Engineers • Surveyors • Landplanners
Telephone (208) 939-2824 Fax (208) 939-2855
RECEIVED & FILED
CITY OF EAGLE
DEC 19 2000
File.
Route tr
A tract of land located in the Southeast 1/4 of Section 8, Township 4 North, Range 1 East,
Boise Meridian, City of Eagle, Ada County, Idaho, further described as follows:
Commencing at the Southeast corner of the Southeast 1/4 of said Section 8, thence
North 00°-00'-00" East along the easterly line of said Southeast 1/4 a distance of 423.20 feet
to a point, thence departing said easterly line North 90°-00'-00" West a distance of 33.00 feet
to a set 5/8 inch iron rod located on the westerly right-of-way of Eagle Road, said point being
the POINT OF BEGINNING.
Thence continuing North 90°-00'-00" West a distance of 226.60 feet to a point from which
a found 1/2 inch iron rod bears North 80°-53'-42" West a distance of 0.16 feet;
Thence North 32°-57'-00" East a distance of 112.02 feet to a point from which a found
1/2 inch iron rod bears South 13°-22'-38" West a distance of 0.15 feet;
Thence South 90°-00'-00" East a distance of 165.67 feet to a set 5/8 inch iron rod located
on said westerly right-of-way;
Thence South 00°-00'-00" West along said westerly right-of-way a distance of 94.00 feet
to the POINT OF BEGINNING.
The above described tract of land contains 18,438 square feet, subject to all easements and
rights-of-way.
Prepared By:
ROYLANCE & ASSOCIATES P.A.
391 W. STATE STREET, SUITE E
EAGLE, IDAHO 83616
208-939-2824
208-939-2855 (FAX)
tt—z7-��
1
H JBIT B
pub
u
eiBea
Kesli elJ
The Idaho
Statesman
RECEIVED & FILED
CITY OF EAGLE
OCT 092001
P.O. Box 40, Boise, Idaho 83707-0040 File'
LEGAL ADVERTISING PROOF OF PUBLICATION Route for
Account # DTI# Identification Amount:
116026 538082 ORDINANCE 402
Ordered by: P.O. # Rate
TRACEY OSBORN
CITY OF EAGLE
310 E. STATE ST.
EAGLE, ID 83616
NT
Run Dates
$276.98
October 4, 2001
Number of Lines
103 X 3
Affidavit
1
Legal #
11645
JANICE HILDRETH, being duly sworn, 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 with the issue of:
and ending with the issue of:
X
single
odd skip
OCTOBER 4 , 2001
OCTOBER 4 , 2001
STATE OF IDAHO
)ss
COUNTY OF ADA
On this 5 day of OCTOBER in the year of 2001
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 state-
ments therein are true, and acknowledged to me that she executed the same.
Notary Public for Ida o
Residing at: Boise, I.aho
My Commission expires:
07,/a
LEGAL NOTICE
ORDINANCE NO. 402
(RESI-
DENTIALAN ORDINANCE CHGING THE DISTRICT — FOUR UNITS PERI ANG CRE CLI C
AS ATION TO CBD -DA (CENTRAL BUSINESS DISTRICTCSIFICATION OF THE REAL PROPERTY DESCRIBED HEREIN�WITH DEVELOP-
MENT AGREEMENT) CLASSIFICATION; AMENDING THE ZONING MAP OF THE CITY OF EAGLE TO REFLECT SAID CHANGE; AND
PROVIDING AN EFFECTIVE DATE.
WHEREAS, the real property particularly described in Exhibit "A" hereinafter is presently included in the R-4 (Residential District — Four
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 District — Four Units per Acre) classification to CBD -0A (Central Business
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 descnbed in Exhibit "A" below be removed from the R-4
(Residential District — Four Units per Acre) zoning classification and included in the CBD -DA (Central Business 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, AdaCounty, Idaho, is hereby removed from the R-4 (Residential District — Four Units
per Acre) classification and the real property described in Exhibit "A" is hereby included in the CBD -DA (Central Business 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 18th day of September, 2001.
CITY COUNCIL OF THE CITY OF EAGLE
Ada County, Idaho
Rick Yzaguirre, Mayor
ATTEST: Sharon Moore, Eagle City Clerk
STATE OF IDAHO
: ss.
County of Ada
On this 18th day of September, in the year 2001, before me, the undersigned, a Notary Public in and for said State, personally appeared
Rick Yzaguirre and Sharon Moores 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.
Tracy E. Osbom, Notary Public
Residing at: Kuna, Idaho
My Commission Expires: 12/23/02
EXHIBIT A
Legal Description
J Bar K & Associates
18,438 Square Foot Tract
A tract of land located in the Southeast
1/4 of Section 87 Township 4 North, Range
I East, Boise Meridian, City of Eagle, Ada
County, Idaho, further described as follows:
Commencing at the Southeast corner of
the Southeast 1/4 of said Section 8, thence
North 00°-00'-00' East along the easterly -
line of said Southeast 1/4 a distance of
423.20 feet to a point, thence departing
said easterly line North 90°-00'-00' West a
distance of 33.00 feet to a set 5/8 inch iron
rod located on the westerly right-of-way of
Eagle Road, said point being the POINT OF
BEGINNING.
Thence continuing North 90°-00'-00' West
a distance of 226.60 feet to a point from
which a found 1/2 inch iron rod bears North
80°-53'-42' West a distance of 0.16 feet;
Thence North 32°-57'-00' East a distance
of 112.02 feet to a point from which a
found 1/2- inch iron rod bears South 138-
22'-,8' West a distance of 0.15 feet;
Thence South 90°-00'-00' East a distance
or 165.67 feet to a set 5/8 inch iron rod
located on said wester right-of-way;
Thence South 00°-0 '-00' West along said
westerly right-of-way a distance of 94.00
feet to the POINT OF BEGINNING
The above described tract of land con-
tains 18,438 square feet, subject to all
easements and rights-of-way
ROYLANCE & ASSOCIATES P A.
391 W STATE STREET, SUITE E
EAGLE, IDAHO 83516
208-939-2824
208-939-2855 (FAX)
m
EXHIBIT B
Pub. Oct. 4, 2001 11645'