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Ordinance - 2001 - 387 - Annex/Zone Castlebury Subdivision - 09/25/2001RECORDED- REQUEST OF R0ISE.IDAHO FEE Pt. DEPUTY 4 ADA COUNTY RECORDER J. QAVID NAVARRO 5 .1 2001SP27 AM 8: 39 101099271 CI& ORDINANCE NO. 387 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; ESTABLISHED THE ZONING CLASSIFICATION OF SAID REAL PROPERTY; 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 Section 2 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 November 20, 2000 as required by Section 67-6525, Idaho Code, and recommended to the Mayor and Council that the annexation and zoning request of Capital Development Inc. be approved. WHEREAS, the Eagle City Council, pursuant to public notice as required by law, held a public hearing on January 9, 2001 on the proposed annexation and zoning for the real property described in Section 2 below, as required by Section 67-6525, Idaho Code, made findings and determined that the requested annexation should be granted. Further, the zoning classification of R-1 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: Page 1 of 3 K:\COUNCIL\Ord nances\Ord 387.doc Section 1: The Eagle City Council hereby finds and declares that the real property described 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 City, particularly described in Exhibit "A" and as shown on Exhibit "B", attached, is annexed hereto and zoned Residential (one dwelling unit per acre) District Classification R-1 by reference incorporated herein, to the incorporated territorial limits of the City of Eagle, Idaho. Section 3: 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 4: The zoning land use classification of the land described in Section 2 above is hereby established as Residential (one dwelling unit per acre) 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-1 zoning district. 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 25th day of September, 2001. CITY COUNCIL OF THE CITY OF EAGLE Ada Cou , dah Rick Yzaguirr ATTEST: �, �cst C9 ry4-C_ Sharon Moore, Eagle CityCle k g Page K \COUNCIL\Ordinal STATE OF IDAHO ) : ss. County of Ada ) On this a 5 day of N,Wielnker , in the yeas1 , .bpfore me, the undersigned, a N tary Public in and for said State, personally appeared RICk r2Q i rte. and ,rah K. Moore, , known to me to be the MAYOR and CrIT 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 hecto set my hand and affixed my official seal the day and year first written. y'��s SPRY •� fir. .4 ,/ / .ei.1„,„ a O� ./ V O ,, _ ,1/ : i.! L , Notary Public a PA ��v% ; Residi g at: �.d/�. �� 4 N-. My Commission Expires: ja' 310O 144, STATS 13, .ti,Hul+$ 0 Page 3 of 3 K:\COUNCIL\Ordinances \Ord 387. doc ANNEXATION LEGAL CASTLEBURY SUBDIVISION RECEIVED & FILED CITY OF EAGLE SEP 2 0 2000 FiI®: Route to: A parcel of land located in the West 1/2 of the SE `/a of Section 19, T.4N., R.IE., B.M. Ada County, Idaho more particularly described as follows; Commencing at the brass cap marking the southeast corner of Section 19, T.4N., R. 1E., B.M., Ada County, Idaho; thence N.89°51'35"W. 1316.98 feet along the south line of said SE 1/4 to the East 1\16 comer common to said Section 19 and Section 30, said point being the point of beginning; Thence continuing, N.89°51'35"W. 1108.27 feet; Thence, N.0° 10' 27"E. 248.71 feet: Thence N.89°51'35"W. 208.71 feet to the West line of said SE 1/4 of Section 19; Thence N. 0° 10' 27"E. 2399.69 feet along said West line to the Center '/a corner of said Section 19; Thence S.89°40'58"E. 1318.71 feet along the north line of said SE 1/4 to an aluminum cap marking the CE 1/16 comer; Thence S.0° 12' 41 "W. 2644.33 feet to the point of beginning, said parcel containing 78.87 acres. CASTLEBURY.doc 1`T NOT TO SCALE tIrr `.0 VICINITY MAP RECEIVED & FILED } CITY OF EAGLE CASTLEBURY 5UBDIVISIONSEP 2 0 2000 LYING IN THE W 1/2, SE 1/4, SECT. 19, T.4N., R.1E., B.M., ADA COUNTY, IDAHO Filo: Route to: R-2 nr•mai: 777' FT CI-IINDEN BLVD. U.S. NWY. '20/26 1 it J.J. HOWARD ENGINEERING / SURVEYING retia -a ru esu/ Mg mve snot 7-. -JH-a Account # The Idaho Statesman RECEIVED & FILED CITY OF EAGLE OCT 10 2001 P.O. Box 40, Boise, Idaho 83707-0040 File' LEGAL ADVERTISING PROOF OF PUBLICATI Mute to. DTI# Identification 116026 540362 ORDINANCE 387 Ordered by: P.O. # Rate TRACEY OSBORN CITY OF EAGLE 310 E. STATE ST. EAGLE, ID 83616 NT Run Dates Amount: $308.90 October 6, 2001 Number of Lines 115 X 3 Affidavit Legal # 1 11646 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: i STATE OF IDAHO X single odd skip OCTOBER 6 , 2001 OCTOBER 6 , 2001 ) )ss COUNTY OF ADA ) On this 8 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, a aknowledged to me that she executed the same. Notary Public for !Oho Residing at: Boise, Idaho My Commission expires: ./20 ORDINANCE NO. 387 AND CONTIGUOUS TOCE NE' CERTAIN REAL PROPERTY SITUATED IN THE UNINCORr T CORPORATE LIMITS OF THE CITY OF EAGLE, TO THE CI' • 'VIED EAGLE,IIDAHO; ESTABOF ADA LISHED THE ZONING CLASSIFICATION -OF SAID REAL PROPERTY; DIRECTING THAT COPIES OF THI?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 Section 2 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 November 20, 2000 as required by Section 67-6525, Idaho Code, and recommended to the Mayor and Council that the annexation and zoning request of Capital Development Inc. be approved. WHEREAS, the Eagle City Council, pursuant to public notice as required by law, held a public hearing on January 9, 2001 on the proposed annexation and zoning for the real property described in Section 2 below, as required by Section 67-6525, Idaho Code, made findings and determined that the requested annexation should be granted. Further, the zoning classification of R-1 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 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 City, particularly described in Exhibit "A" and as shown on Exhibit "B , attached, is annexed hereto and zoned Residential (one dwelling unit per acre) District Classification R-1 by reference incorporated herein, to the incorporated territorial limits of the City of Eagle, Idaho. Section 3: 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 4: The zoning land use classification of the land described in Section 2 above is hereby established as Residential (one dwelling unit per acre) 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 descnbed in Section 2 above in the R-1 zoning district. Section 5: Tne 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 25th 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 25TH day of September, in the year 2001, before me, the undersigned, a Notary Public in and for said State, personally appeared Rick Yzagwrre and Sharon Moore, 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 Osborn, Notary Public Residing at: Kuna, Idaho EXHIBIT " B 11 My Commission Expires: 12/23/02 EXHIBIT A ANNEXATION LEGAL CASTLEBURY SUBDIVISION A parcel of land located in the West 1/2 of the SE 1/4 of Section 19, T.4N., R. 1 E., B.M. Ada County, Idaho more particularly described as follows; Commencing at the brass cap marking the southeast corner of Section 19, T 4N., R IE., B.M., Ada County, Idaho; thence N.89`5135 -W. 1316.98 feet along the south line of said SE 1/4 to the East 1\16 corner common to said Section 19 and Sec- tion 30, said point being the point of beginning; Thence continuing, N.89`51'35'W. 1108.27 feet; Thence, N.010'27'E. 248.71 feet: Thence N.89°51'35'W. 208.71 feet to the West line of said SE 1/4 of Section 19; Thence N.0°10'27"E. 2399.69 feet along said West line to the Center 1/4 corner of said Section 19; Thence S.89°40'58'E. 1318.71 feet along the north line of said SE 1/4 to an aluminum cap marking the CE 1/16 corner; Thence S.0° 12'41'W. 2644.33 feet to the point of beginning, said parcel containing 78.87 acres. Pub. Oct. 4, 2001 NOT To SCALE N. MERIDIAN ROAD VICINITY MAP CASTLEBURY SUBDIVISION LYING IN THE W 1/2, SE 1/4, SECT. 19, T.4N., R.1E., B.M., ADA COUNTY, IDAHO ` —i !• CNINDEN BLVD. U.S. HWY. 20/26 111 J.J. HOWARD7� i -2=1:�14P4 'For The (People c f Idaho STATE TAX COMMISSION 800 Park Blvd., Plaza IV • Boise, ID • 83722 November 6, 2001 Sharon K. Moore Eagle City Clerk/Treasurer P.O. Box 1520 Eagle, ID 83616 Subject: Ordinance No. 387 Dear Ms. Moore: RECEIVED& F EI CITY OF EAGLE NOV 2 8 2001 File: Route to: The Idaho State Tax Commission received the documentation that was provided for the annexation of real property into the City of Eagle, for tax year 2002. The Idaho State Tax Commission approves the map and legal description. This approval is limited to the acknowledgement that the map and legal description meets the requirements of Section 63-215 Idaho Code, and Idaho State Tax Commission Rule 225. Sincerely, Cindy Lou McDonald GIS Manager Technical Support Bureau Idaho State Tax Commission cc: County Assessor County Clerk Harley Hinshaw, Property Appraisal Section Manager Gary Houde, Technical Records Specialist Equal Opportunity Employer Hearing Impaired Callers TDD 1-800-377-3529