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Ordinance - 2016 - 757 - Annexation & Rezone Mckee Property 1887 W. Beacon Light Road - 08/23/2016ADA COUNTY RECORDER Christopher D. Rich 2016-085842 BOISE IDAHO Pgs=5 BONNIE OBERBILLIG 09/12/2016 12:24 PM EAGLE CITY NO FEE 111111111111111111111111111111111111111111111 I III 00272494201600858420050050 ORDINANCE NO. 757 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; CHANGING THE ZONING CLASSIFICATION OF SAID REAL PROPERTY DESCRIBED HEREIN FROM RUT (RURAL -URBAN TRANSITION) TO R -E (RESIDENTIAL -ESTATES); AMENDING THE ZONING MAP OF THE CITY OF EAGLE TO REFLECT SAID CHANGE; 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 owner 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 owner of the real property situated within the City of Eagle and particularly described in Exhibit "A" of this ordinance has requested, in writing, a rezone from RUT to R -E; and WHEREAS, the property described in Exhibit "A" is located at 1887 West Beacon Light Road; and WHEREAS, the Planning and Zoning Commission of the City, pursuant to public notice as required by law, held a public hearing on June 6, 2016, as required by Section 67-6525, Idaho Code, and made a recommendation to the Mayor and Council; and WHEREAS, the Eagle City Council, pursuant to public notice as required by law, held a public hearing on August 9, 2016, 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. Pagel of 3 K.\COUNCIDDraR Ordinances\ORD 757 McKee.doc 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 particularly described in Exhibit "A", attached hereto and incorporated herein by reference, 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 City, particularly described in Exhibit "A" and as generally shown on Exhibit `B", attached here to and included herein by reference, is hereby annexed to the incorporated territorial limits of the City of Eagle, Idaho. Section 3: The City Council hereby finds and determines that the real property particularly described in Exhibit "A" and generally as shown on Exhibit `B", attached hereto and incorporated by reference, is hereby removed from the RUT (Rural -Urban Transition) zoning classification and is hereby included in the R -E (Residential -Estates) zoning classification all 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 and that the Zoning Map of the City is hereby amended to include the real property described in Exhibit "A" in the R-2 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 63-215, 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. Page 2 of 3 KACOUNCTUDraft Ordinances\ORD 757 McKee.doc DATED this 23rd day of August 2016. CITY COUNCIL OF THE CITY OF EAGLE d A °hunt L4... ah Stan Ridgeway, Mayor . ss. County of Ada On this rd day of , in the year , before me, the undersigned, a Notary Public in and for said State, personally appeared STAN RIDGEWAY, known to me to be the MAYOR 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. IVI^pVIRIS fleet 5'Sd IIIIIIIIII� 1..),+IIiIVIIIVI IIIIIIIIIIII�II Notary Public Residing at:- 111PrIIw ,:r ; lluul IIIIIII"' th° II 1ul11 / My Commission Expires: �mue w uV�, 111111 � � �;: illy 'Illi uu upw Page 3 of 3 KAICOUNCTUDraft OrdlnencesWRD 757 McKee doe EXHIBIT "A" Marks Land surveying, Inc, 5300 Hill Road Boise, ID 83703 Ph: (208) 378-7703 Cell: (208) 890-6684 E -mai}: cmarks@markslandsurveying.com Property Description A parcel of land lying in a portion of Government Lot 1, Section 6, T.4N., R.1 E., Boise Meridian, Ada County, Idaho, said parcel being more particularly described as follows: Commencing at a found Aluminum Cap marking the NW Comer of said Government Lot 1, Section 6, T.4N., R.1 E., Boise Meridian, Ada County, Idaho, said NW Corner of Government Lot 1, Section 6, bears N.89017'27"W. 1323.19 feet from a found Brass Cap marking the NE Corner of said Government Lot 1, Section 6, said NW1/4 Comer of Government Lot 1, Section 6, also bears N.00025'21'1N. 1286.12 feet from efound Rail Road Spike marking the SW Corner of said Government Lot 1, Section 6; thence S.89017'27"E. 377.86 feet along the north boundary of said Government Lot 1, Section 6 and the centerline of W. Beacon Light Road to a point, said point being witnessed by a found 5/8" iron pin which bears S.00021'27"E. 25.00 feet, said point also marking the REAL POINT OF BEGINNING; thence leaving the said north boundary of said Government Lot 1, Section 6 and the said centerline of W. Beacon Light Road, S.00°21'27"E. 747.27 feet to a found 5/8" iron pin; thence N.89°50'06"E. 1.04 feet to a found 5/8" iron pin; thence, S.00022'11 6"E. 533.10 feet to a found 5/8" iron pin lying along the south boundary of said Government Lot 1, Section 6; thence along the said south boundary of Government Lot 1, Section 6, N.89050'10"E. 455.49 feet to a point, said }point being witnessed by a found 5/8" iron pin which bears N.00°24'30"W. 1.82 feet; thence leaving the said south boundary of Government Lot 1, Section 6, N.00°24'30"W. 766.61 feet to a found 1/2" iron pin; thence N.8901-P27"W. 429.74 feet to a set 1/2" iron pin; thence N.00024'30"W. 506.82 feet to a point lying along the said north boundary of Government Lot 1, Section 6 and the said centerline of W. Beacon Light Road, said point being witnessed by a set 1/2" iron pin which bears S.00024'30"E. 25.00 feet; thence N.89017'27"W. 25.87 feet along the said north boundary of Government Lot 1, Section 6, and the said centerline of W. Beacon Light Road to the point of beginning, containing 8.36 acres, more or less., , SUBJECT TO AND/OR TOGETHER WITH: Any easements or rights of way of record or in use. McKee Total Parcel Page 1 of 1 EXHIBIT "B" 20 .. Idaho _Statesman____ WWThme Nnv P.M al lAo �7runar• V -11 n7 v. I D A NO S TAT CSM A N.CDM PO Box 40, Boise, ID 83707-W40 LEGAL PROOF OF PUBLICATION Account # Ad Number Identification 11 PO 263905 0002670938 LEGAL NOTICE ORDINANCE NO. 757 AN OR[ Ordinance No. 757 Attention: FFIle: CITY OF EAGLED CITY OF EAGLE / LEGALS SLP 1 9 2016 660 CIVIC LANE EAGLE, ID 83616 LEGAL N0710E ORDINANCE NO. 757 OF THE CITY OF EAGLE TO REFLECT SAID CHANGE; DIRECTING THAT COPIES OF TNS ORDINANCE BE FILED AS PROVIDED BY LAW, AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the City of Ea I. Idaho is a municipal corporation organ- ized and operating under CI lairs of the State of Idaho and is author- lred to annex to and incorporate within the boundaries of the City carr bguous real property m the manner provided by Section 50-222, Idako Coda end VPM EAS the ovmer of the real pro erty, situated in Ile unincorporat- ed area of Ada County art particufarey described in Exhibit 'A' of this ordinance has requested, in writing, annexation of said real property to the C' of Ea ; and WHE S, t owner of the real property situated within the City of Ea- gle and particularly described m Exhibit A' of this ordinance has re- gqrrested, in writing, a rezone from RUT to R £- and WHE the property described in Exhittit "A" is located at 1887 West on ht Road and WHEREAS, the Planning and Zoning Commission of the City, pursuant to public notice as re ed by law, held a public hearing on June 6, 2016, as r abedbon 67.6525, Idaho Code, and made a rec- ormmenda n to dire yyor and Council; and WHEREAS the Eagle Cdy Council pursuant to public notice as requred by caw, hejd a public hearing on August 9 2016, on the proposed an- nexation and zoning for the real property described in Exhibit "A' as re- ad try Section 67.6525, Idaho Code, made findings and determined that the requested annexation should be granted and that a zoning clas• sification of R E for the proporty described in Exhibit "A' is appropriate to meet the requ-irements of Idaho Code, Eagle City Code artd Ore Eagle Comprehensive Plan and should be anted, NOW THEREFORE, 13E If ORDAINED BY THE MAYOR AND COUNCIL OF THE dITY OF EAGLE, IDAHO, as follows; Section 1: The Ea le Cly COUnCd hereby finds and declares that the real property particularly described oro Exhibit "A', attached hereto and mccrporated herein by reference, is contiguous to the City that said property can be reasonably assumed to be used for the orderly doves' opment of the City, and that the owner of said property has requested, m writing, annexation thereof to the Cii Section2: The real prope , all situated in Ada County Idaho, adja- cerit and cant ucus to the particularly described In Exhibit 'A' and as generally shown on tilt "� , attached here to and included herein by reference, is hereby annexed to Ore incorporated territorial limits of the CAy of EaIdaho. Section 3; a City Council herefinds and determines that the real oroperty oarbodarIv described In xhibit A' and generally as shown on all pursuant to the Zoning Ordinance of the City of Eagle. The Cib Courted further finds and determines that said zone change is i accor - once with the Ea Comprehensive Plan and relevant Cityy Codes and that the Zoning ap of the Citi is hereby amen to dnclude the real property described in Exhibit "A in the R•2 zoning district. Section4e From and after the effective date of this Ordinance, all pry erty and persons within the boundaries and territory described above shall be subject to all ordinances, resolutions, police regulations, taxa bon, and other powers of the City of Eagle. Section S The City Clerk is hereby directed to file, within ten (10) days of pass aagge and apppprroval of this Ordinance, a certified copy of this Orrin• nonce Xie the a ices of the Auditor, Treasurer, and Assessor of Ada County, s req i by Section 50223, daho State Tax ro comply wit® p Idaho, visions of Section 63.215, 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 lake effect and be in force from and af- ter its pass, a, approval,. and publication as required by lair- In lieu of publication off the entire ordinance, a summary thereof in compliance with Section 50.901A, Idaho Code, may be published. DATEDthis 23rd day of August 2016, CRY COUNCIL OF THE CITY OF EAGLE Ada County, Idaho Stan Ridgeway, Mayor ATTEST: Sharon K. Bergmann, Eagle City Clerk OTATC nC inALLn 1 count ji Cols Lines $202.52 1 2 117 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. 1 Insertions Beginning issue of: 09/15/2016 Ending issue of: 09/15/2016 gals Clerk) STATE OF IDAHO) .SS COUNTY OF ADA) On this 15th day of September in the year of 2016 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 first duly swom, declared that the statements therein re true, and acknowledged to me th she exe0ded the me. Notary Public FOR Idaho Residing at: Boise, Idaho My Commission expires:'""� TDy"O State Tax Commission November 3, 2016 Sharon Bergmann Eagle City Clerk P O Box 1520 Eagle, ID 83616 Subject: Ordinance No. Dear Ms. Bergmann: PO Box 36 - Boise ID 83722-0410 800 Park Blvd., Plaza IV - Boise ID 83712-7742 ord.-757 EAGLE (CITY) RECEIVED & FILED CITY OF EAGLE File:. Route NOV 0 7 2016 The Idaho State Tax Commission (ISTC) received the documentation that was provided for the annexation of real property in EAGLE (CITY), for tax year 2017. We approve the map and legal description; however this approval is limited to the acknowledgement that the map and legal description meet the requirements of Section 63-215 Idaho Code, and Idaho State Tax Commission Rule 225. Please review the documentation for accuracy and respond in a timely manner or it may be too late to make corrections. Please respond if the attached documentation is correct or if there are issues. You can contact me by email at gis@,tax.idaho.gov or by phone at (208) 334-7750. Thank you for your cooperation. Find current year information about taxing district change requests at the Current Status Web page. Please visit http://tax.idaho.gov/i-1069.cfm. Sincerely, Craig Johnson GIS Analyst Technical Support Bureau Idaho State Tax Commission Equal opportunity Employer • tax.idaho.gov • Hearing Impaired TDD (800) 3773529 -r A CD CD CD CD O O ` ' O N M ncrER Ln -. N r CDO � � � I 7 a N Ko--n-Un-- M i OD N �+ A 00 p 000 w rD O O C � a eeD � � A Q co -D N M. O iU E Q � � K N = J O CD co -, N O hl Bi Sky PI - 0 N N p O �O d N ^7 V V � m e� �D e� N Mike Williams From: Mike Williams Sent: Monday, November 07, 2016 4:29 PM To: gis@tax.idaho.gov Cc: Tracy Osborn Subject: City of Eagle Ordinance Nos. 754 and 757 Craig, We have reviewed the ISTC documentation letters dated November 3, 2016. The attachments provided correctly identify the areas that were annexed by the City of Eagle pursuant to the subject ordinances. Mike Michael Williams, CFM Planner III City of Eagle 660 Civic Lane Eagle, ID 83616 Work 939-0227 Direct 489-8774 Fax 938-3854 M