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Ordinance - 2001 - 397 - Change Zone 1177 N. Eagle Road - 10/09/2001ORIGINAL ORDINANCE NO. 397 AN ORDINANCE CHANGING THE ZONING CLASSIFICATION OF THE REAL PROPERTY DESCRIBED HEREIN FROM R-4 (RESIDENTIAL DISTRICT — FOUR UNITS PER ACRE) CLASSIFICATION TO MU -DA (MIXED USE 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 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 District — Four Units per Acre) zoning classification and included in the MU -DA (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 District — Four 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. Page 1 of 2 K:\000NCIL\Ord nances\Ord 397.doc 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 9th day of October, 2001. CITY COUNCIL OF THE CITY OF EAGLE Ada Coun , , Idaho Rick Yzaguirre, a •r ATTEST: Sharon oore, Eagle City Clerk so Val LOS, 3,B 0 © R4 a� VSEAL c OF 191%. STATE OF IDAHO ) : ss. County of Ada ) On this day of a7Uber , in the year / , efore me, the undersigned, a Notary Public in and for said State, personally appeared Iand 51A.1121 k • Motet , known to me to be the MAYOR and C 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 P Residing at: (4M4, My Commission Expires: /02/ Page 2 of 2 K: \COUNCIL\Onliuwnces\Onl 397. doc EXHIBIT A PROPOSED LIGHTHOUSE DENTAL CENTER RECEIVED & FILED CITY OF EAGLE 1 AY C 3 2001 Flle• Route to: May 2, 2001 Parcel "A" as shown on Record of Survey No. 440 located in the NE1/4 of the NE1/4 of Section 8, T.4N., R.1 E., B.M., Ada County, Idaho, excepting therefrom right-of- way for Floating Feather Road and North Eagle Road as described in Instrument No. 95088982, Records of Ada County, Idaho, more particularly described as follows: Commencing at the corner common to Sections 4,5,9, and the said Section 8; thence along the East boundary of said Section 8 South 01°03'29" West, 305.08 feet; thence North 89°17'44" West, 33.00 feet to a point on the West right-of-way of North Eagle Road and the REAL POINT OF BEGINNING. thence continuing North 89°17'51" West (Record North 89°38'40" West), 242.00 feet; thence North 01°03'29" East (Record North 00°00'00" East), 260.08 feet to a point on the South right-of-way of Floating Feather Road; thence along said right-of-way South 89°17'51" East (Record North 89°38'40" East), 218.00 feet; thence South 44°07'10" East, 33.83 feet to a point on the West right-of-way of North Eagle Road; thence along said right-of-way South 01°03'29" West, 236.08 feet to the Point of Beginning. Containing a calculated area of 1.44 acres, more or Tess. Written from data of record without benefit of a field survey. J:\Office Admin\WIP\Ramona\Legals\dtp\proposedLighhouseDentalCenter.doc I 4N1 E SEC 08ii .0 a1HX3 !) Account # 116026 Ordered by The Idaho Statesman r0&FILED CITY' OF EAGLE Li 24 2001 P.O. Box 40, Boise, Idaho 83707-0040 File LEGAL ADVERTISING PROOF OF PUBLICATIO 1te to• DTI# Identification 546953 ORDINANCE 397 P.O. # Rate TRACY OSBORN CITY OF EAGLE 310 E. STATE ST. EAGLE, ID 83616 ��r."4"S‘l4T1tAh 4c(4 i 1411 �'•. NT Run Dates Amount: $242.75 October 22, 2001 Number of Lines 137 X 2 Affidavit (Legal # 1 11730 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 X single nconsecutive daily odd skip insertion(s) beginning with the issue of: OCTOBER 2 2 , 2001 and ending with the issue of: OCTOBER 2 2 , 2001 STATE OF IDAHO ) )ss ffI- COUNTY OF ADA On this 22 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 swom, declared that the state- ments therein are true, and acknowledged to me that she executed the same. Notary Public for Id Residing at: Boise, Idaho My Commission expires: