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Ordinance - 2000 - 364 - Zone Change/Wroten Property - 01/25/2000
ORDINANCE NO. 364 AN ORDINANCE CHANGING THE ZONING CLASSIFICATION OF THE REAL PROPERTY DESCRIBED HEREIN FROM A (AGRICULTURAL) CLASSIFICATION TO R- 2 -DA (RESIDENTIAL — TWO UNITS PER ACRE MAXIMUM WITH A DEVELOPMENT AGREEMENT) CLASSIFICATION; AMENDING THE ZONING MAP OF THE CITY OF EAGLE TO REFLECT SAID CHANGE; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the real property particularly described in Section 2 hereinafter is presently included in the A (Agricultural) classification under the zoning ordinance of the City of Eagle; and WHEREAS, the City Council of the City of Eagle has determined that the zone change is in accordance with the Eagle Comprehensive Plan and relevant City Codes and that the rezoning from A (Agricultural) classification to R -2 -DA (Residential — two units per acre maximum with a development agreement) classification is granted. NOW THEREFORE, BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE CITY OF EAGLE, IDAHO, AS FOLLOWS: Section 1: 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 Section 2 below be removed from the A (Agricultural) zoning classification and included in the R -2 -DA (Residential —two units per acre maximum with a development agreement) classification 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. Section 2: The described real property generally as shown on Exhibit "A" and located as specifically described in the attached legal description (Exhibit "B") by Pacific Land Surveyors dated, June 7, 1996, all situated in the City of Eagle, Ada County, Idaho, is hereby removed from the A (Agricultural) classification and the real property described in Exhibit "B" is hereby included in the R -2 -DA (Residential — two units per acre maximum with a development agreement) classification. Section 3: The official Zoning Map of the City of Eagle, Idaho, is hereby amended to reflect the foregoing change in zoning classification. Section 4: This ordinance shall take effect and be in force from and after its passage, approval, and one (1) publication of the ordinance in the official newspaper of the City. Page 1 of 2 Kr\Planning Dept\Eagle Applications\RZ&A\1998\RZ-8-98 ord.doc DATED this 25th day of January, 2000. CITY OF EAGLE ADA COUNTY, IDAHO Rick Yzagui Mayor ATTEST: Sharon Moore, City Clerk/Treasurer `` ems`` CP \I + c C; ` 4i Y ei • Page 2 of 2 K.\Planning Dept\Eagle Applications \RZ&A\1998\RZ-8-98 ord.doc ■a .s • • '• j~q • • 000E004 4• F". •• i ax•c.e •,.l0 �•• •• • ■■SIMMS•■ F,-ttBt-r ••■a.■■ • CURRENT ZONE = AGRICULTURAL PROPOSED ZONE = R-2—Dis• •tea■ NATURAL AREA �W'°+ nm Var. env, 111.4 • • 0 CHANNEL oT lrra•• a! 100 ti lata• !on r• ; . 1 • ■ •41'15a` •411 I'• afvga RECEIVED & FILED CITY OF EAGLE SEP 251998 Fj�•_ Route to: 0.1.0.. C004 Nos L. • .* - 0* • .... bow •s • ... fir .. • ..•..j-•..•• • «.•..•I__ Conn* taw* 9 !! 6/Ml pf \�Y • ■a®••■••■ a• mos •••• ■� a. NATURAL AREA 1 FIGURE 9 ©gars AGr ittppO IEI ZO •aw.r P • wr• i' • %• tt 113rr SE. '.290'Nortli.)11aple:Grove':11oad'• • Boise, ID•_83704 (208), 371441$15;.=,Fag'=(208 7 i 1• PROJECT' 527.336 ,;';i '•DATE: June 7;: t996 ;:. ' •• • �'DESCR1 TION FOR ' ;WRGTENPROPERTY. ' " A'PORTIQNOF:GOVERNMENTLOTS 2,3, AND 4. Y1NG:NORTH OF, THE, SOUTH: CHANNEL OF:THE BOISE:RIVER,IN SECTION.20•.;;, SAND A POKTION OP THE SOUTH -HALF OF SECTION:11'; - ; ;' `•:.:" TOWNSHIP• 4 **lit! RANGE 1 EAST;:BOISE MERIDIAN,= }• • "-.• ."EAGLE, ADA. COUNTY, IDAHO . • •~A.parcel'of:land being a:portion'pf Government. Lots:2,3,.and ¢:lying North of tle'Sout of the Boise River in.Secdoit 20,•and a'pprtl9n of,the South=Half of Section 17, Township' 4.'I�Tor l Bast; Boise Meridian; lagle;�Ada:County, Idaho and more particularly .described as follows:" , Beginning at an. Aluminum monument marking the Northeast corner of the Northw;estpuarter• .said. Section 20 Township 4 Noitli, 7tange 1 East, Boise Meridian, Eagle; Ada County. Idaho, said.:• Alunsinum monument bein'g'the REAL. FOINT:OF BEGINNING • . thencealong the Northerly,boundary'of said Section 20, North'_88°45'49;' East,886 89.'feet d iro• n pin on;the.}ight'bank of the South channel of the Boise river; ' ::',thence leaving Northerly boundaiy of Section 20,. and along the said Right Bank of South,Channel'of.the Boise: River the followingcourses and -distances; • thenceSouth:36°28'24"West 30.,I0 feet to an•uon pin, thence South 36°28'24"' West 67.42 feet to. ari iron pin; • -thence, South 52°14' 10".West 146.35'feet to, an Iron pin; .thence, South 34°06'48":.West 1,18..96 -feet fo' an' iron pin; thence South 10°40'05" Wehst,204.32,feet to an iron• pin; thence South 73°06'09''' Wgst182:20 feet toan iron pin;• • thence North 72°50'38" W„ 205.93 feet to an iron pin;• s (thence Nortli 72°22'7" :West:416.62 feet to an iron pin; thence North 15°34'17"•West.:128.87 feet to an iron pin; thence South 80°31'42". West 1809 feet to an iron pin; thence, South 76°20''36". West:214:20 feet to an iron pin; thence.. South 70°24''09 West •105.07' feet•to an iron pin, thence South 79°37'39". West 97.00 feet to an iron pin, 'thence •South'56°59'19"West.187::84.feet to aniron •pin; :Pacific T,aml Gttnro;m;a' .7;,.:.;:....' C tln,trnt+ in • ti 4 {:r w f r 1: 4• thenceSouth 85°30'46" West 132.11 feet to an iron pin; thence North 76°23'01" West 219.08 feet to an iron pin; thence North 32°09'03 West 51:11 feet to an iron pin; 'thence North 79°44' 29" West 299:90 feet to an iron pin; :thenceNorth.85°17'04" West 130.73 feet to an iron pin; thence North 61°57'09" West 192.04 feet to an iron pin; thence leaving said right bank of the Boise river, North'29°08'03" East 982.81 feet to an iron pin; ' • thence South 88°20'46" East 1440.36 feet to an iron pin on.the Easterly boundary of the . .Southwest Quarter of.Section.17; • thence along said Easterly boundary, South 01°10'48" West 629.54 feet to the point of beginning; comprising 45:00 acres, more or les8. SUBJECT. TO: . A 20.00 foot Sanitary Sewer Easement being a portion of the Southwest Quarter of Section 17, and a portion of the Northwest Quarter of Sectionr20, Township 4North, Range 1 East, Boise Meridian, '. Eagle,• Ada .County,. Idaho and more particularly described as follows::. , • • Beginning at an Aluminum inonument.m•arking the Southeast theCornerSouthwestQuarter of . of • ectioii 17, Township 4 North, Range 1 East, Boise Meridian, Eagle,+Ada County, Idaho; thence along the Easterly boundary of the said Southwest Quarter of Section 17, North 61°10'48" * East.629:54 feet to an iron pin; • thence leaving said Easterly boundary, North 88°20'46" West 1303:00 feet to a point, said point being the REAL POINT OF BEGINNING; thence South 07°10'27" East 236.19 feet to a point;. thence South 29°08'03" West 776.25 feet to a point; thence South. 30°58' 13" West 22.55 feet to a point; • thence South 16°58'06" East 21.67 feet to a point on the.Right Bank of the South Channel of the Boise River, • thence along said Right Bank of the South Channel of the Boise ltiver,•North 85°11'04" West 21:52 feet to a point; . thence leaving said Right Bank of the South Channel of the Boise River, North 16°58'06" West 22.61 feet to a point; thence North 30°58' 13" East 31.12 feet to a point; thence North 29°08'03" East 769.37 feet to a point; enice North 07°10'27".West 232.74 feet to a •point; ..' r ence South 88°20'46" East 20,24 feet to the.point of beginning: . • Alt existing : easements and road rights -of way'of record orappeaing on the: abovd=descn Prepared by PACIFIC `L •,AND :SURVEYO John t (Tom)'Eddy P.L: S: • • • • ACCount Number/Trans. S 116026 191237 omered By TRACY E. OSBORN CITY OF EAGLE 310 E. STATE ST. EAGLE, ID 116026 The Idaho Statesman P.O. BOX 40, BOISE, IDAHO 83707-0040 LEGAL ADVERTISING INVOICE Identification ORDINANCE NO. 05441" P.O. NumWei Rate MA tales TT FEBRUARY 5, 2000 Estimated Inches 141X3 LINES # Affidavits 1 ANlount Due $351.27 RealInches Legal Number 6189 JANICE HILDRETH, , being duly swom, deposes and says: That she is the Principal Clerk of The Idaho Std esman, a daily newspaper p d pu I'�hep at Boise, Ada County, State of Idaho, vii, havin§5 �hera( e`(�'&uJ1a> QQp�herein and which said newspaper h �m conti(�uously and tiri �huptedly published ip said C9Ry during A Udriod of wow ponsqvtive months pit, t6 the ffiAi public05, Idaho Code as g •' of the noti6e py 6 which is attached hereto. that rp ti p,s publi§hed in The Idaho States��nn in coh•�' 2Q rp w�h ion E- " amended, for bNE ❑ consecutive weekly ❑ corisWiye daily insertion(s) beginniii§Witi the issue of FEBRUARY 5 and ending with the iss a of FEBRUARY 5 STATE OF IDAHO ) COUNTY OF ADA ) ss. Ll single ❑ odd skip , 2000 , 2000 On this 5TH day of FEBRUARY in the year of 2000 , before me, a Notary Public, personally appeared tified JANICE p HILDRETH t .+ailr ou sci knownfj erwithin ns rrertt, ani! beiri§by mnp dull/ Ekoni, dAcl d t ��� �,sib ( �e�[[��ttis the�f b' r(are true, and AOedged to me that she ddffeb the Mile. 1//7 eaAAa4L-D Notary lic for Idaho Residing at: Boise, Idaho My commission expires: /Q/ ,372.406-1 LEGAL NOTICE ORDINANCE NO. 364 (AGRI- CULTURAL) CLASSIFICATION TO 2 IDA CLASSIFICATIONIEIL OF UNITS PER ACRE MAXIMUM WITHEANDEVOELO AGREEMENT) CLASSIFICATION: AMENDING THE ZONING MAP OF THE CITY OF EAGLE TO REFLECT SAID CHANGE; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, The real property particularly described in Section 2 hereinafter is presently included in the A (Agricultural) classifica- tion under The zoning ordinance of The City of Eagle; and WHEREAS, the City Council of the City of Eagle has determined that the zone change is in accordance with the Eagle Comprehen- sive Plan and relevant City Codes and that the rezoning from A (Agricultural) classification to R -2 -DA (Residential Iwo units per acre maximum with a development agreement) classification is granted. NOW SectioTHEREFORE, 1: heOCiitty CouEncilORDAINED he ebyNfindsBY anddeterm determines iCOUNCIL in the besstt iOF nterestsofof theOpublic health safety, and welfare of the the A (Agriculturaof Eagle and l) the classificts and ation and included itherein nthe real 2 DA (Residential - twonits larly described acre maximum with a developfrom ment agreement) classification 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. Section 2: The described real property generally as shown on Exhibit "A" and located as specifically described in the attached legal description (Exhibit "B") by Pacific Land Surveyors dated, June 7, 1996, all situated in the City of Eagle, Ada County, Idaho, is hereby removed from the A (Agricultural) classification and the real property described in Exhibit "B" is hereby included in the R -2 -DA (Residential - two units per acre maximum with a development agreement) classification. Section 3: The official Zoning Map of the City of Eagle, Idaho, is hereby amended to reflect the foregoing change in zoning classification. Section 4: This ordinance shall take effect and be in force from and after its passage, approval, and one (1) publication of the ordinance in the official newspaper of the City. DATED this 25th day of January, 2000. CITY OF EAGLE, ADA COUNTY, IDAHO Rick Yzaguirre, Mayor ATTEST: Sharon Moore, City Clerk/Treasurer MA NIB EXHIBIT A CURRENT ZONE = AGRICULTURAL PROPOSED ZONE = R -2 -Ddu • MAMMAL LII4 twr • ''� 1ia14L1 all tY os °pts jird. CUlWMd1 EXHIBIT B DESCRIPTION FOR WROTEN PROPERTY A PORTION OF GOVERNMENT LOTS 2, 3, AND 4 AND A PORTION OF THE SOUTOF HALF OF SECTION 17 TOWNSHIP 4 NORTH SECTIONRANG1 2BOISE MERIDIAN, EAGLE, ADA COUNTY, IDAHO A parcel of land being a portion of Government Lots 2, 3, and 4 Tying North of the South Channel of the Boise River in Section 20, and a portion of The South -Half of Section 17, Township 4 North, Range 1 East, Boise Meridian, Eagle, Ada County, Idaho and More particularly described as follows: Beginning at an Aluminum monument marking the Northeast comer of the Northwest Quarter of said Section 20, Township 4 North, Range 1 East, Boise Meridian, Eagle, Ada County, Idaho. said Aluminum monument being the REAL POINT OF BEGINNING; thence along the Northerly boundary of said Section 20, North 88 45'49' East 886.89 feet to an iron pin on the right bank of the South channel of the Boise River; thence leaving said Northerly boundary of Section 20, and along the said Right Bank of the South Channel of the Boise River the following courses and distances; thence South 36 28'24' West 30.10 feet to an iron pin; thence South 36°28'24' West. 67.42 feet to an iron pin; thence, South 52 14'10' West 146.35 feet to an iron pin; thence, South 34°06'48' West 118.96 feet to an iron pin; thence South 10"40'05' West 204.32, feet to an iron pin; thence South 73°06'09' West 182.20 feet to an iron pin; thence North 72 50'38' West 205.93 feet to an iron pin; thence North 72°22'27' :West 416.62 feet to an iron pin; thence North 15°34'17' West 128.87 feet to an iron pin; thence South 8011'42' West 186.79 feet to an iron pin; thence South 76°20'36' West 214.20 feet to an iron pin; thence South 70 24'09' West 105.07 feet to an iron pin; thence South 79 37'39' West 97.00 feet to an iron pin; thence South 5659'19' West 187.84 feet to an iron pin; thence South 85 30'46' West 132.11 feet to an iron pin; thence North 76 23'01' West 219.08 feet to an iron pin; thence North 32°09'03' West 51.11 feet to an iron pin; thence North 79 44'29' West 299.90 feet to an iron pin; thence North 85 17'04' West 130.73 feet to an iron pin; thence North 61 57'09' West 192.04 feet to an iron pin; thencetSouth 8said 2 right 9 East 1440k 36 feet to an i iron pin on 29 9he Easterly bt ounda81 ry oft the Southwest Quarter of Section 17; Thence along said Easterly boundary, South 01 10'48' West 629.54 feet to the point of beginning, comprising 45.00 acres, more or less. SUBJECT TO: A 20.00 foot Sanitary Sewer Easement being a portion of the Southwest Quarter of Section 17, and a portion fo the Northwest Quarter of Section 20, Township 4 North, Range 1 East, Boise Meridian, Eagle, Ada County, Idaho and more particularly described as follows: Beginning at an Aluminum monument marking the Southeast corner of The Southwest Quarter of Section 17, Township 4 North, Range 1 East, Boise Meridian, Eagle, Ada County, Idaho; thence leavingg esaid Easterly boundary, said drth� 8888°20'464 Westr 1303 00 feet t 17, North01 said point be ng5 thea REAL {POINT OF BEGINNING; thence South 07 10'27' East 236.19 feet to a point; thence South 29°08'03' West 776.25 feet to a point; thence South 30°58'13' West 22.55 feet to a point; Thence South 16 58'06' East 21.67 feet to a point on the Right Bank of the South Channel of the Boise River; thence along said Right bank of the South Channel of the Boise River, North 85 17'04' West 21.52 feet to a point; thence leaving said Right Bank of the South Channel of the Boise River, North 16' 58'O6' West 22.61 feet to a point; thence North 30°58'13' East 31.12 feet to a point; thence North 29°08' 03' East 769.37 feet to a point; thence North 07 10'27' West 232.74 feet to a point; thence South 88 20'46' East 20.24 feet to the point of beginning. SUBJECT TO: All exisiting easements and road rights-of-way of record or appearing on the above-described parcel of land. Prepared by PACIFIC LAND SURVEYORS John T. (Tom) Eddy, P.L.S. Pub. Feb. 5, 2000 FOUFOQUIRE1 O CiAR I T Aiip'opens zoltwea 6189