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Ordinance - 2000 - 382 - Annexation Oakley Estates - 12/12/2000A CO RECOER i. 0 ID NAVAR ic.-. r?A..1 211000E 20 PH 1: 4 7 ORDINANCE NO. 382 r ^ORDED - REDU,�1 FEE ` ' DEP, — 100101772 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 August 14, 2000 as required by Section 67-6525, Idaho Code, and recommended to the Mayor and Council that the annexation and zoning request of FAM Developers Inc. be approved. WHEREAS, the Eagle City Council, pursuant to public notice as required by law, held a public hearing on October 17, 2000 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 -E 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. Page 1 of 3 K.\Planning Dept\Eagle Applications \RZ&A\2000\A-04-00 & RZ-03-00 ord.doc 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 two acres) District Classification R -E 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 two acres) 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- E 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 12th day of December, 2000. CITY COUNCIL OF THE CITY OF EAGLE ATTEST: Sharon Moore, Eagle City Chlerk - Page 2 of 3 K.\Planning Dept\Eagle Applications \RZ&A\2000\A-04-00 & RZ-03-00 ard.doc STATE OF IDAHO ) : ss. County of Ada ) On this /4;3 day of freem.j,e,-- , in the year 07400 , before me, the undersigned, a Notary Public in and for said State, personally appeared RIc� YzQ uirre and , lvc n f .114006.-,e_, known to me to be the MAYOR and CITICLERK 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. VO , Notary Public Residin: at: Kj c.K4�,1j My Commission Expires: /,?a/0a Page 3 of 3 KAPlanning Dep6Eagle Applications \RZ&A\2000\A-04-00 & RZ-03-00 ord.doc Roylance & Associates A. 391 W. State Street, Suite E, Eagle, Idaho 83616 p.�Telephone (208) 939-2824 Fax (208) 939-2855 Engir 3 • Surveyors • Landplanners May 4, 2000 Project No. 1973 Legal Description FAM Developers Inc. 15.27 Acre Tract A tract of land situated in the Southeast 1/4 of the Southeast 1/4 of Section 6, Township 4 North, Range 1 East, Boise Meridian, Ada County, Idaho, described as follows: Commencing at a found brass cap monumenting the Southeast Corner of said Section 6 and being on the centerline of Floating Feather Road, thence westerly along the southerly line of said Section 6 and the centerline of said Floating Feather Road South 89°-31'-10" West a distance of 1321.45 feet to a found brass cap monumenting the Southwest Corner of said Southeast 1/4 of the Southeast 1/4 and the centerline intersection of Floating Feather Road and Ballantyne Road, said point being the POINT OF BEGINNING. Thence leaving said southerly line and following the centerline of said Ballantyne Lane North 00°-21'-44" West a distance of 658.25 feet to a point marking the Northwest Corner of the Southwest 1/4 of the Southeast 1/4 of the Southeast 1/4; Thence leaving said centerline and following the northerly line of said Southwest 1/4 of the Southeast 1/4 of the Southeast 1/4 North 89°-32'-24" East a distance of 173.39 feet (formerly South 89°-48'-11" East a distance of 141.27 feet) to a point; Thence leaving said northerly line North 18°-16'-16" East a distance of 179.09 feet (formerly North 17°-21'-27" East a distance of 183.73 feet) to a found steel pin; Thence North 86°-05'-25" East a distance of 178.84 feet (formerly North 85°-57'-00" East a distance of 178.98 feet) to a point; Thence North 05°-22'-08" East a distance of 150.11 feet (formerly North 04°-44'-28" East a distance of 148.81 feet) to a found steel pin; Thence North 88°-25'-16" East a distance of 559.58 feet (formerly North 87°-59'-23" East a distance of 559.40 feet) to a found steel pin; Thence North 00°-35'-07" East a distance of 317.32 feet (formerly North 00°-04'-22" East a distance of 319.37 feet) to a found steel pin on the northerly line of said Southeast 1/4 of the Southeast 1/4; Thence easterly along said northerly line North 89°-33'-38" East a distance of 332.93 feet (formerly North 89°-01'-25" East a distance of 333.04 feet) to a point, said point being the Northeast Corner of said Southeast 1/4 of said Southeast 1/4; Thence southerly along said Southeast 1/4 of the Southeast 1/4 South 00°-21'-00" East a distance of 657.78 feet (formerly South 00°-54'-37" East a distance of 656.65 feet) to a point, said point being the Southeast Corner of the Northeast 1/4 of said Southeast 1/4 of the Southeast 1/4; VADA f1TR!'TC\CTT7TC(lU\107Z\ATlMTUNT Pc, AT C\1Pon11ill 5 (Inc Legal Description 14.69 Acres Page 2 of 2 Thence westerly along the southerly line of said Northeast 1/4 of the Southeast 1/4 of the Southeast 1/4 South 89°-32'-24" West a distance of 660.80 feet (formerly South 89°-14'-01" West a distance of 661.62 feet) to a found steel pin monumenting the Northeast Corner of the Southwest 1/4 of said Southeast 1/4 of the Southeast I/4 of said Section 6; Thence southerly along the easterly line of said Southwest 1/4 of the Southeast 1/4 of the Southeast 1/4 South 00°-21'-22" East a distance of 134.18 feet (formerly South 00°-37'-37" East a distance of 133.57 feet) to a point; Thence leaving said easterly line South 89°-31'-10" West a distance of 417.68 feet (formerly South 89°-22'-23" West a distance of 417.68 feet) to a point; Thence South 00°-21'-22" East a distance 523.84 feet (formerly South 00°-37'-37" East a distance of 488.46 feet) to a point on centerline of said Floating Feather Road; Thence westerly along said centerline South 89°-31'-10" West a distance of 243.04 feet (formerly 237.42 feet) to the POINT OF BEGINNING. The above described tract of land contains 15.27 acres, more or less, subject to all existing easements and rights-of-way. Prepared By: ROYLANCE & ASSOCIATES P.A. 391 W. STATE STREET, SUITE E EAGLE, IDAHO 83616 (208) 939-2824 FAX (208) 939-2855 O —per{ -2 <I 111T1 TT• n•rni 11'TT•T[1ell. T11 11'1'1\ A 7-111 AT 1\T L"'!' A T C' 1......11 (VIC .1..n 611+1 trr- "t3 " - L n ad— RT--- l_ --C- -- , OAKLEY ESTATES `! SUBDIVISION • EAGLE, IDAHO RT RT RT RT •., AeR t6p RT ating Feaihk. I RT C�G R-1 LL.ftt Tr 1 t\ RT t- • for t. • • II RT_ J ,'- • .swat •er+.ti — 1 C7 RcS T 1 /1 ► si 1 �. R—t R—E—P 1 •! ';,-.1;• • 44 Account # 116026 Ordered bv: The Idaho Statesman P.O. Box 40, Boise, Idaho 83707-0040 LEGAL ADVERTISING PROOF OF PUBLICATION DTI# Identification 379797 TRACY CITY OF EAGLE 310 E. STATE STREET EAGLE, ID 83616 ORDINANCE NO 382 P.O. # Rate RE CIITY O VEFEAGiLED r rn File Route tc• r L,ng 4,46 NT Amount: Run Dates December 26, 2000 Number of Lines 107X3 Affidavit 1 $267.29 Legal # 9166 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 []single consecutive daily []odd skip insertion(s) beginning with the issue of: DECEMBER 26 2000 and ending with the issue of: DECEMBER 26 2000 STATE OF IDAHO) V )ss COUNTY OF ADA ) On this 26 day of DECEMBER in the year of 2000 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 swom, declared that the state- ments therein are true, and acknowledged to me that she executed thecsame. ,CL, 7i�a Notary Public for)daho My Commission expires: Residing at: Boise, Idaho K j / Tor The LPeor6 of Idaho STATE TAX COMMISSION 800 Park Blvd., Plaza IV • Boise. 113 • 83722 January 4, 2001 Sharon K. Moore Eagle City Clerk P.O. Box 1520 Eagle, ID 83616 REIITY OFDEAGLED JAN 0 8 2001 File - Route tri • Subject: Ordinance No. 382 Dear Ms. Moore: The Idaho State Tax Commission has reviewed and processed the following action(s): Ordinance No. 382 When this action has been completed, any changes dictated by this action(s) will appear on the year 2001 tax code area maps. Sincerely, Craig Johns421144."-il on GIS Analyst Technical Support Bureau CC: County Assessor County Clerk Equal Opportunity Employer Hearing Impaired Callers TDD 1-800-377-3529 LEGAL NOTICE ORDINANCE NO. 382 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; ESTAB- LISHED 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 August 14, 2000 as required by Section 67-6525, Idaho Code, and recommended to the Mayor and Council that the annexation and zoning request of FAM Developers Inc. be approved. WHEREAS, the Eagle City Council, pursuant to public notice as required by law, held a public hearing on October 17. 2000 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 grnted. Further, the zoning classification of R -E 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, alt situated in Ada County, Idaho, adiacent 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 two acres! District Classification R -E 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 subiect 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 two acres! 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 RE 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 commis- sion, 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 12th day of December, 2000. 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 12 day of December in the year 2000 before me, the undersigned, a Notary Public in and for said State, personally appeared instrument and and personswho exnecVted the said instrument on and ehalf CITY fCsaid corrpof oradiion,uandacknowledged ttotexecuted m 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, Id. My Commission Expires: 12.23/02 EXHIBIT "A" May 4, 2000 Prosect No. 1973 Legal Description FAM Developers Inc. 15.27 Acre Tract A tract of land situated in the Southeast 1/4 of the Southeast 1/4 of Section 6, Township 4 North, Range 1 East, Boise Meridian, Ada County, Idaho, described as follows: Commencing at a found brass cap monumenting the Southeast Comer of said Section 6 and being on the centerline of Floating Feather Road, thence westerly along the southerly line of said Section 6 and the centerline of said Floating Feather Road South 89°31'10' West a distance of 1321.45 feet to a found brass cap monumenting the Southwest Comer of said Southeast 1/4 of the Southeast 1 4 and the centerline intersection of Floating Feather Road and Ballantyne Road, said point being the POINT OF BEGINNING. Thence leaving said southerly line and following the centerline of said Ballantyne Lane North 00°21'44" West a distance of 658.25 feet to a point marking the Northwest Comer of the Southwest 1,4 of the Southeast 1/ 4 of the Southeast 1/4; Thence leaving said centerline and following the northerly line of said Southwest 1,4 of the Southeast 1/4 of the Southeast 1/ 4 North 89.3224` East a distance of 173.39 feet (formerly South 89'48'11° East a distance of 141.27 feet) to a point; Thence leaving said northerly line North 1816'16' East a distance of 179.09 feet (formerly North 17°21'27' East a distance of 183.73 feet) to a found steel pin; Thence North 86°05'25' East a distance of 178.84 feet (formerly North 85°57'00' East a distance of 178 98 feet) to a point; Thence North 05°22'08' East a distance of 150.11 feet (formerly North 04°44'28' East a distance of 148.81 feet) to a found steel pin; Thence North 88°25'16' East a distance of 559.58 feet (formerly North 87°59'23' East a distance of 559.40 feet) to a found steel pin; Thence North 00°35'07' East a distance of 317.32 feet (formerly North 00°04'22' East a distance of 319.37 feet) to a found steel pin on the northerly line of said Southeast 114 of the Southeast 1/4; Thence easterly along said northerly line North 89'33'38` East a distance of 332.93 feet (formerly North 89°01'25" East a distance of 333.04 feet) to a point, said point being the Northeast Comer of said Southeast 1/4 of said Southeast 1/4, Thence southerly along said Southeast 1/4 of the Southeast 1 /4 South 0021'00' East a distance of 657.78 feet (formerly South 00°54'37 East a distance of 656.65 feet) to a point, said point being the Southeast Comer of the Northeast 1/4 of said Southeast 1/4 of the Southeast 1/4; Thence westerly along the southerly line of said Northeast 1/4 of the Southeast 1/4 of the Southeast 1/4 South 89°32'24' West a distance of 660.80 feet (formerly South 89°14'01' West a distance of 661.62 feet) to a found steel pin monumenting the Northeast Corner of the Southwest 114 of said Southeast 1 /4 of the Southeast 1'4 of said Section 6; disThence tance of southerly rffeeet (forrmerleasterly South 00'37'3r fEast a dist distance of 13357 feetto Southeast point; 4 of the Southeast 1/4 South °21'22' East a Thence leaving said easterly line South 89°31'10' West a distance of 417.68 feet (formerly South 89°22'23' West a distance of 417.68 feet) to a point; Thence South 00°21'22" East a distnce 523.84 feet (formerly South 00°37'31' East a distance of 488.46 feet) to a point on centerline of said Floating Feather Road; Thence westerly along said centerline South 89'31'10' West a distance of 243.04 feet (formerly 237.42 feet) to the POINT OF BEGINNING. The above described tract of land contains 15.27 acres, more or less, subiect to all existing easements and rights-of-waY. Prepared By: ROYLANCE 8: ASSOCIATES P.A. 391 W. STATE STREET, SUITE E EAGLE, IDAHO 83616 (208) 939-2824; FAX (208) 939-2855 Pub. Dec. 26, 2000 9166