Ordinance - 2016 - 754 - Annexation And Rezone 4149 W. State St. - 08/23/2016ADA COUNTY RECORDER Christopher D. Rich 2016-085841
BOISE IDAHO Pgs=5 BONNIE OBERBILLIG 09112/2016 12:24 PIA
EAGLE CITY NO FEE
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00272493201800858410050053
ORDINANCE NO. 754
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 MU -DA (MIXED USE WITH A
DEVELOPMENT AGREEMENT); 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 MU -
DA; and
WHEREAS, the property described in Exhibit "A" is located at 4149 West State Street; and
WHEREAS, the Planning and Zoning Commission of the City, pursuant to public notice as
required by law, held a public hearing on July 21, 2008, 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 26, 2008, 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
MU -DA 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
KACOUNCII.\Ordinances\Ord 754 4149 W State Street 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
hereto and incorporated 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 herein by reference, is hereby removed from the RUT (Rural -Urban Transition)
zoning classification and is hereby included in the MU -DA (Mixed Use with a development
agreement) 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 MU -DA 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
KACOUNC1L\0rdinances\0rd 754 4149 W State Street.doc
DATED this 23rd day of August 2016.
CITY COUNCIL OF THE CITY OF EAGLE
Ada County, Idaho
Stan Ridgeway, Mayor
ATTEST:
W
Sharon K. Bergmann, Eagle dty Clerk
�Ok�w ?�
®
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STATE OF IDAHO)
ss.
County of Ada )
On this g day of , in the year , before me, the undersigned, a
Notary Public in and for sait State, personally appeared STAN RIDGEWAY, known to me to be
the MAYOR of said municipal corporation that executed this instrument and the person 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.
No P lic
,
Residing a . #0
My Commission Expires:'
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1,n
Page 3 of 3
K::%COUNCIUOrdinancestOrd 7'54 4149 W State Street.doc
KE.STKE.L LAND
EXHIBIT "A" 5(A K V E.Y
RECEIVED S FILED
Cid' 0F EAGLE
Description for Erickson4lvil Inc. FEB 2 120
for Old Valley Plaza Subdivision - Annexation and Zoning Flle:
Route tar -
A parcel of land in Government Lot 3 of Section 12, Township 4 North, Range 1 West of the Boise Meridian,
Ada County, Idaho, more particularly described as fonows:
Commencing at an Aluminum Cap monument marking the East % comer of said Section 12; thence North
89°201 T West a distance of 2642.24 feet along the Northerly line of the Southeast Quarter of said Section
12 to a 5/8' iron pin marking the Northwest comer of the Southeast Quarter of said Section 12; thence
South 00°30'49' West a distance of 1310.49 feet along the Westerly rme of the Southeast Quarter of said
Section 12 to the Northeast comer of said Government Lot 3; thence along the Easterly line of said
Government Lot 3, South 00030'49' West a distance of 85.18 feet to a point on the centerfine of US
Highway 44 and the extension of the centerline of West Old Valley Road, the TRUE POINT OF
BEGINNING
Thence along the extension and the centerline of West Old Valley Road, South 00°30'49' West a
distance of 82.10 feet to a point of curvature;
Thence along a curve to the right, an arc distance of 156.33 feet, said curve having a radius of
140.00 feet and through a central angle of 63058'49", the long chord of which bears South 32030'14' West a
chord distance of 148.34 feet;
Thence continuing along said centerline, South 6402938' West a distance of 602.66 feet;
Thence leaving said centerline, on a One perpendicular to said centerline, North 25030'22' West a
distance of 40.00 fleet to the Southwest comer of Benmor Subdivision, Book 53, page 4616, records of Ada
County,
Thence along the Easterly One of said Subdivision, North 03°39'22° West a distance of 307.51 feet
to a point on the Southerly Right -of -Way One of said US Highway 44;
Thence leaving said Easterly Line and along a One perpendicular to the centerfine of said Highway,
North 0601T17 West a distance of 60.00 feet to a point on said centerrme;
Thence along said centerline along a curve to the right an arc distance of 670.87 feet, said awe
having a radius of 22918.31 fast and through a central angle of 01 040'38', the long chord of which bears
North 840'31'050 East a chord distance of 670.87 feet to the POINT OF BEGINNING.
Annexation area will contain 190,457 square feet or 4.372 acnes more or less.
369 E. Watertower Ln., Sts. A, Meridian, ID 83642 (208) 888-7343 phone - (208) 888-7354 fax
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Valley Times
PO Box 166, Star, Idaho 83669
Fite:
EdEIVED & Fila'
CITY OF EAGLE
SEP 19 2016
LEGAL ADVERTISING PROOF OF PUBLICATION
Account ,.~ Identification: c
Run dates:...
k a_______Number Lines i e �7 Amount m
Other
Melissa Upton,, being duly sworn, deposes
and says: That she is the Principal Clerk of
Valley Times, a weekly newspaper published at
Star, Ada County, State of Idaho; that the said
newspaper is in general circulation in the said
County of Ada, and in the vicinity of Meridian,
Star, and Eagle, and has been uninterruptedly
published in said County during a period of
seventy-eight consecutive weeks prior to the first
publication of this notice, a copy of which is attached
hereto, and that the notice was published in
Valley Times, in conformity with Section 60-108,
Idaho Codes, as amended, for �_ time(s)
in the regular and entire issue of said paper, and
was printed in the newspaper proper, and not in a
supplement; and that said notice was published
on the following dates:
Beginning
Ending
STATE OF IDAHO)
)SS
COUNTY OF ADA)
in this day 41 In
the year of 2016
before me, a Notary ublic, personally appeared
Upton, known or identified to me to be the person
whose name is subscribed to the within instrument,
and being by me first duly sworn, declared that the
ne herein are true, and acknowledged to me that
she executed the same.
Notary Public for Idaho
R iding at Sta
commission expires: n l
TQ"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-
ord._754 EAGLE (CITY)
File:
ECEIVED & FILED
CITY OF EAGLE
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@iix.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 htta://tax.idaho.gov/i-1069.cfm.
Sincerely,
Craig Johnson
GIS Analyst
Technical Support Bureau
Idaho State Tax Commission
Equal Opportunity Employer • tax.idaho.gav • Hearing Impaired TDD (800) 377-3529
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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