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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 IIIIIIIIIIIIII IIIIIIIIIIIIII1111 II IIIIIIIIIII I III 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 ?� ® �® 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:' ,.w le 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 Kestrdaomey.com m 1-- m FEx W 60.00' Q ti QD h0 ,OL% oM„ ROOM M„ 6*, OS.00S AMMM ANY ^ ' z CO Z 2 W My J Q O � 100.00' � z W �O UV �O Q Q N 60.00' cn W O O� 2 Z � Z 1- j Q U- LLJ N i = o:: 0 0 ¢ N e O = �4 � I� _� m CO O W � Z R c O U W Z No C) JQ Q Wto D 60.00' Q ti QD h0 ,OL% oM„ 6b, O!C.00S M„ 6*, OS.00S �Z 2 U (Wi1 z CO O Q O � 100.00' � z �O UV �O Q 60.00' O O� Z 1- j Q U- LLJ 4! m e O = �4 LQ m CO � Z O U W Z No C) JQ Q Wto D Z� QJ Z v QZ Q 60.00' Q ti QD h0 0 Nors!/1108ns aom3a lk0 kd 4A LQ 2 z CO 1 j 4! �O V �4 O 0 Nors!/1108ns aom3a lk0 kd 4A 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 ro CD \ 1 r CD rQ dQ Fln y C� sv n 0 0� CD CD P 010. x A� � 000 �' A 0 0 Z a 'o CD 0 g c u vo �C-D w m O CD A � k 0 � a 0 CD w S Rosebud CD CD rn O � O OD foolM 01 l� f1 O \7�� o m � x 0) � co 3 3 �I 0 J 0 O w N A 0071 O 0 1p V O a n WWI 0 a h Q o s o to 44 H 0 a Iv A co OD foolM 01 l� 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