Loading...
Ordinance - 2001 - 383 - Annex/Zone Countryside Estates - 07/17/2001ADA COUNTY RECORDER (Q-- J. DAVID NAVARRO t.iT r IDA.11-I • FEE DEPUTY_ _._... 1JL30 AM 8:38 cc 101075760 Tit Z00 i ORM) - RUES iCF ORDINANCE NO. 383 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; ESTABLISHING THE ZONING CLASSIFICATION OF SAID REAL PROPERTY; CHANGING THE ZONING CLASSIFICATION OF THE REAL PROPERTY DESCRIBED HEREIN; AMENDING THE ZONING MAP OF THE CITY OF EAGLE TO REFLECT SAID CHANGES; 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 Exhibit "A" of this ordinance has requested, in writing, annexation and zoning of said real property to the City of Eagle to the R -2 -DA -P zoning district; and WHEREAS, the owners of the real property situated with in the City of Eagle and particularly described in Exhibit "C" of this ordinance has requested, in writing, a rezone from A -R to R -2 - DA -P; and WHEREAS, the Planning and Zoning Commission of the City, pursuant to public notice as required by law, held a public hearing on May 19, 2000 as required by Section 67-6525, Idaho Code, and recommended to the Mayor and Council that the zoning requests of Capital Development and Tom Ricks be approved; and WHEREAS, the Eagle City Council, pursuant to public notice as required by law, held a public hearing on November 28, 2000, on the proposed annexation and zoning for the real property described in Exhibit "A", and on the proposed zoning change for the real property described in Exhibit "C" 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 -2 -DA -P for the property described in Exhibits "A" and "C" is appropriate to meet the requirements of Idaho Code, Eagle City Code and the Eagle Comprehensive Plan and should be granted. Page 1 of 3 K\COUNCIL\Drak OrdinanceslOrd 383 dft.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 described in Exhibit "A", attached hereto and incorporated by reference, 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 generally shown on Exhibit "B", attached, is hereby annexed to the incorporated territorial limits of the City of Eagle, Idaho. Section 3: 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" and generally as shown on Exhibit "B", situated in the City of Eagle, Ada County, Idaho, is hereby included in the Residential (two dwelling units per acre conditioned with development agreement -PUD) District Classification R- 2 -DA -P 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 -DA -P zoning district. Section 4: 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 "C" and generally as shown on Exhibit "D", attached hereto and incorporated by reference, situated in the City of Eagle, Ada County, Idaho, is hereby removed from the A -R (Agricultural -Residential) District classification and the real property described in Exhibit "C" is hereby included in the Residential (two dwelling units per acre conditioned with development agreement -PUD) District Classification R -2 -DA -P 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 "C" in the R -2 -DA -P zoning district. Section 5: 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 6: 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. Page 2 of 3 K:\COUNCIL\Draft Ordinances\Ord 383 dft.doc Section 7: 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 17th day of July, 2001. CITY COUNCIL OF THE CITY OF EAGLE Ada Co i i , Ie aho ,,,k., _, Rick zag r, ' ayor A'1 l EST: Sharon oore, Eagle City Cl: k STATE OF IDAHO ) . ss. County of Ada ) l On this / J 7 day ofJ(A / 1 , in the year ,,/'l 1, be +re me, the undersigned, a N tary Public in and for said State, personally appeared f _ _ , . _ %i/^e.. and k. Me,, known to me to be the MAYOR and CITY RK 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. fNotary Public Residing at: Kum, My Commission Expires: /thc3 Ll? Page 3 of 3 K:\COUNCIL\Draft Ordinances\Ont 383 dft.doc P1 . Jvtu & HLED CITY OF EAGLE EXHIBIT A DESCRIPTION FOR ANNEXATION PROPOSED COUNTRYSIDE ESTATES Filo: Rout.9 to: April 18, 2000 idV1;EP MAY 1 0 2000 A parcel of land Tying in the N'/2 of the SW 1/4 of the NE 1/4 of Section 7, Township 4 North, Range 1 East, Boise Meridian, Ada County, Idaho, more particularly described as follows: Commencing at the southwest comer of the NE' (the center' comer) of Section 7, T.4N., R.1 E., B.M., thence N 01°11'17" E 660.37 feet along the west line of the SW % of the NE 1/4 and along the east boundary of Redwood Creek Subdivision No.2, filed in Book 68 of Plats, at Page 7010, records of the Ada County Recorder's Office, to the southwest comer of the N '/2 of the SW 1/4 of the NE 1/4 of said Section 7, the REAL POINT OF BEGINNING of this description; Thence continuing N 01°11'17" E 659.94 feet along the west line of the SW' of the NE' and along the east boundary of said Redwood Creek Subdivision No.2 to a point; Thence N 89°27'39" E 330.12 feet to a point; Thence S 01°11'17" W 130.00 feet to a point; Thence N 89°30'00" E 468.56 feet to a point; Thence S 70°00'00" E 204.40 feet to a point; Thence N 83°00'00" E 133.58 feet to a point; Thence N 74°00'00" E 80.00 feet to a point; Thence N 64°00'00" E 80.00 feet to a point; Thence S 88°48'21" E 50.00 feet to a point on the east line of the 7; % of the NE % of said Section Thence S 01°11'39" W 526.53 feet along the east line of the SW % of the NE % of said Section 7 to the southeast comer of the N'/2 of the SW % of the NE' of said Section 7; Thence S 89°26'02" W 1322.16 feet along the south line of the N'/2 of the SW % of the NE 1/4 of said Section 7 to the REAL POINT OF BEGINNING of this description. Said parcel of land contains 16.58 acres, more or Tess. Michael E. Marks, P.L.S. No.4998 981205\countryside. annexation2.des pbjEd 1 JeU1ea-1 6uileaId III I 1 alelS 1 f 11i 111 JUN -26-2001 10:21 mmEn. C DESCRIPTION FOR REZONE PORTION OF COUNTRYSIDE ESTATES RECECITIVOFD AGLEO JUN 2 6 2001 June 25, 2001 File' Route to• A parcel of land Tying in the SW % of the NE / and the NW % of the SE '.4 of Section 7, Township 4 North, Range 1 East, Boise Meridian, Ada County, Idaho, more particularly described as follows: Commencing at the southwest comer of the NE'/. (the center'/. comer) of Section 7, T.4N., R.1 E., B.M., the REAL POINT OF BEGINNING of this description; Thence N 01011,17" E 660.37 feet along the west line of the SW % of the NE'/. and along the east boundary of Redwood Creek Subdivision No_2 to a point; Thence N 89°26'02" E 1322.16 feet to a point on the east line of the SW % of the NE % of said Section 7; Thence S 01°11'39" W 660.18 feet along the east line of the SW'/ of the NE 1% of said Section 7 to the southeast comer of the SW'/ of the NE'/ of said Section 7; Thence S 01°20'06" W 530.48 feet along the east line of the NW % of the SE % of said Section 7 to a point; Thence N 88°39'54" W 35.00 feet to a point on a curve; Thence 86.25 feet along a curve to the right, said curve having a radius of 145.00 feet, a central angle of 34°04'54", a tangent of 44.44 feet and a chord of 84.99 feet which bears S 18°22'33" W to a point of tangent; Thence S 35°25'00' W 129.97 feet to a point; Thence S 74°42'06" W 37.99 feet to a point on a curve; Thence 117.81 feet along a curve to the left, said curve having a radius of 298.00 feet, a central angle of 22°39'08", a tangent of 59.69 feet and a chord of 117.05 feet which bears N 77°20'21' W to a point of tangency; Thence N 88°39'54' W 343.84 feet to a point of curvature; Thence 476.64 feet along a curve to the left, said curve having a radius of 298.00 feet, a central angle of 91'738138w, a tangent of 306.67 feet and a chord of 427.44 feet which bears 5 45°30'48" to a point of tangency; Thence S 0°18'30" E 255.90 feet to a point on the north right-of-way of State Highway 44; Thence S 89°41'30" W 400.00 feet along the north right-of-way of State Highway 44 to a point on the west Zine of the NW' of the SE' of said Section 7; Thence N 01°11'05" E 1237.04 feet along the west line of the NW % of the SE' of said Section 7 to the REAL POINT OF BEGINNING of this description_ Said parcel of land contains 46.15 acres, more or less. Michael E Marks, P.L.S. No.4998 981205\REZONE2.des TOTAL P.02 I I (Ballayne co CD For' he Teopk c f Idaho STATE TAX COMMISSION 800 Park Blvd., Plaza IV • Boise, ID • 83722 September 11, 2001 Sharon K. Moore Eagle City Clerk 310 East State Street Eagle, ID 83616 Subject: Ordinance No. 383 Dear Ms. Moore: The Idaho State Tax Commission has reviewed and processed the following action(s): Ordinance No. 383 When this action has been completed, any changes dictated by this action(s) will appear on the year 2002 tax code area maps. Sincerely, Craig Johnson GIS Analyst Technical Support Bureau CC: County Assessor County Clerk Equal Opportunity Employer Hearing Impaired Callers TDD 1-800-377-3529 RECEIVED & FILED CITY OF EAGLE OCT O©2001 File: Route to: .cL E rave aseo ai - de sem dna: 2 Business Friday, September 21, 2001 LEGAL NOTICE ORDINANCE NO. 383 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; ESTABLISHING THE ZONING CLASSIFICATION OF SAID REAL PROPERTY; CHANGING THE ZONING CLASSIFICATION OF THE REAL PROPERTY DESCRIBED HEREIN; AMENDING THE ZONING MAP OF THE CITY OF EAGLE TO REFLECT SAID CHANGES; 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 Crty 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 particular described in Exhibit "A" of this ordinance has requested, in writing, annexation and zoning of said real propertyto the Cityof Eagle to the R -2 -DA -P zoning district; and WHEREAS, the owners of the real property situated with in the City of Eagle and particularly descnbed in Exhibit "C' of this ordinance has requested, in writing, a rezone from A -R to R -2 -DA -P; and WHEREAS, the Planning and ZoningCommission of the City, pursuant to public notice as required by law, held a public hearing on May 19, 2000 as required by Section 6525, Idaho Code, and recommended to the Mayor and Council that the zoning requests of Capital Development and Tom Ricks be approved; and WHEREAS, the Eagle City Council, pursuant to public notice as required by law, held a public hearing on November 28, 2000, on the proposed annexation and zoning for the real property described in Exhibit "A', and on the proposed zoning change for the real property described in Exhibit "C" 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 -2 -DA -P for the property described in Exhibits "A" and "C" 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 in Exhibit "A", attached hereto and incorporated by reference, 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 generally shown on Exhibit "B", attached, is hereby annexed to the incorporated territorial limits of the City of Eagle, Idaho. Section 3: The City Council hereby finds and determines that it is in the best interests of the public health, safety, and welfare of the C0 of Eagle and the residents and property therein that the real property particularly described in Exhibit "A" and generally as shown on Exhibit "B", situated in the City of Eagle, Ada County, Idaho, is hereby included in the Residential (two dwelling units per acre conditioned with development agreement -PUD) District Classification R -2 -DA -P 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 Crty 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 -DA -P zoning district. Section 4: The City Council hereby finds and determines that it is in the best interests of the public heatth, safety, and welfare of the City of Eagle and the residents and property therein that the real property particularly described in Exhibit "C" and generally as shown on Exhibit "D", attached hereto and incorporated by reference, situated in the City of Eagle, Ada County, Idaho, is hereby removed from the A -R (Agriculfural-Residential) District classification and the real property described in Exhibit "C" is hereby included in the Residential (two dwelling units per acre conditioned with development agreement -PUD) District Classification R -2 -DA -P 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 "C" in the R -2 -DA -P zoning district. Section 5: 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 6: 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 7: 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 17th day of Judy, 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 17 day of July, in the year 2001, before me, the undersigned, a Notary Public in and for said State, personally appeared Rick Yzaguirre and Sharon K. 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 E. Osbom, Notary Public Residing at: Kuna, Idaho My Commission Expires: 12/23/02 EXHIBR A na•s1Jno3sn-p3p•MMM :uor&ui -gsem u! 4mo043urs!0 'Siff < n02•fopsn•MMM :4uawrleda0 aOi4sn f < wo31}osoJ3(w-MMM :44osor3(w < ;aN ay; u0 •A.En;gad Apra tit SU!1Eat( E anett-pue=rsarri alp re 6 •AON Aq sapfBuad pasodord nate -ago Or saprs ipoq sruem luau predaQ aapsn j arty •suopei0ln snoinard roj posoz,tw az tru -ad puE 1a4rem alp or uo14 - padmo3 arorsa; pinom rum saopoErd ssamsnq s,josol3 - gAi tri Su0t13t14sa. sruem ruaumiano2 alp `pearsul •4joso13lw aPlnrp or srro33a patropuugE szornoaso;d `q uotu slip ;art -reg •aurf plea s,uopElaslunu - pE uortzgJ atp luoa3 AEme 2u! -rug Aimois uaaq sett ruatm - rredaQ aopsn j tisng alt , •aoprEpsanm mspoirar alp or 2urrraJaz 'Pees et; „'atittm E 103 reartp Jo ssEp rua;a; - 3rP E uo sasnoo3 trsn j;o rtraturrEdaQ alp rEg4 ruerrod - tin Afgegord s,4r luaumoz - intra ruazrn3 alp uaAID„ •asEo alp Jig pa43Errsrp zauot ou a;am Aarpp padpq aq pinom sapis tpoq pros ai;apug „asEtpmd or rola (Szatmo2sn3.103) UOSEar 2101u auo sapinord„ marsAs 2ttpwla -do gX smopmpA 2mwoodn alp J0 Rpm rEapim alp pue 3SBO rsnzrpuE atp pies'dnomp uogettuo3tr1 E2t0 tprm rSAre -uE ssamsnq E `apapu'3 qua -ssaziloid ru ojtu2ls ou uaaq Siemale Pees aAEq wer alp 04 asop sraAmEi 'rata anEq sraAmEJ rJos013Wf pue szorno - asord ruatuurano2 aptuA •Smapuarm Erpaur m gosoro -1WW1 SunpErrE _tarp asE3 alt; tuo33 paAOWar sem UOSapEf •Afodouotu IESafi1 UE parErado $osor3iw rem 2m - pntotn `ranamoti `s2ulpug - tpo s,uosw e j 3o AUEtu Plait -dn arnoo stead& aures atf"l, •omr to Auedmo3 alp Tearq o; rapio s,uos)foE f ono maup T.moo sieaddE snotultretm H"1 s1114 E 3i Phnom sampaoi arndsrp antpEu IEtp anarfaq sa -n E phone or;ajar reap apEtu sa `pasdEifo3 s)iil -EIpaur E SE a2F paureu Af(En4u; ruatuapras tpu 33osorom puu alp pooroj `uos setuotf"l, 'asEo rrnoo jeu4 slit -21 atp „`Apatu - pE aurpaa3o. avanpoadun aq pinom uoliwpaul /C1 E aSed uo s,uospagiv aas alp ro3 a2ErEd 2mpunj atp 30 uoii.iod E Apo Sem ganim `troifiltrt S•£$ ati 1, •steal( anti -seal re 103 sropuan tern trim; saolnras puE spool 4g2noq aAEq or isle sem mega awls Ara3o12 atm Bare atp m ruauiioidtua asearom pue Ar1O a 'I rirs m s;ar;Enb - peat( aaElodzoo sly ppnq diad or Aatrotu alp asn Au -Edmoo aip regi uoplpuoo a>lr UO Sa101s urouatuy or u2nl2 SEM ruEr2 atp `r(nsmE(atp or Smpio33y -pm or saluEdmoo pap - re or pasn Sr t;3ri(m `pung a3UErsrssy feirrsnpUl s,a4E4s alp wog aureo Aauom ata •S661 m -op salols ueouaury -paaoxa puE rata AuEdmoo alp Imp rartmo3 'ranamot( `sfe1B3o s,uosuagfy 'd4i0 a31r1 IFS ill rmoD 1311rsiQ pr£ m ram srtp pang kms E u1 Tsaia4ur m uoifflui trZ$ se Ilam sE uorfflui 5E$ jjm2uo alp ro3 &upise sr orris '23UJO szeranaO Aatrrorry stern alp ;o3 um' - sards E'AtjdmfH fined Pres „'ri3Eq Aauotu rpm arras - ap s;aAEdxo4 `suopE2rigo srr malt lou pip s,uosrragty asneoaq `motr ptre roads sem Aauom ,sraAEdxEr 'apetu sem ruatuaal2E try„ '6661 m PalmboE s,uos -paw Auedtuoo E 'salons uEolrattry Aq panraoar sruEr2 ruatudofanap 3ruiou -03a m uorifnu S£$ Jo suuar •ar(s qam asiog io kip 9144 01Nun wo3 • u ewsa;e;SotleP l ;tl woYunwsaJDJsoljupltn riapf 108Zf79-LL£ 3v Kau uaNlajloda1 a3anu o3'sruaw -woolosnapr Klorsla, fo o,L •premE ago samasap rsaq ottm saultu;a4ap puE suol4Eoltd -de alp smalna1 aarrrtrnuoo tropoafas ruapuadapm try -tnE2ozd Arrfenb puE u0irEAraSII03 ra4Em E 10 tri i2ord uoponpar arsEm E paruatuaidim anEq rsntu sassamsnq `afgr2ga aq o,l, •Prone alp 103 A(fentruE AfddE or Arlunrrod -do atp 9AEt( sassamsng Tres sla)paQ „'saidure rratp rE Arids pue anbeid E pa - rsnq Suruurm .1 -PA Pttesnog1, t -921 pros „'sass 103 attrl4 ptte . uopuanard pue surarsAs ra, Aq Arradord rot - Motu osie ssa •m `smopuim Jo srrtrn AsidstP 3 -88£ 4e J9U 14' Jo £86E -178E eiauy 111