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Ordinance - 1999 - 362 - Annex/Zone/ Colony Ii - 12/14/1999ORDINANCE NO. 362 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 October 18. 1999 as required by Section 67-6525, Idaho Code, and recommended to the Mayor and Council that the annexation and zoning request of Craie and Kristen Van Eneelen be approved. WHEREAS, the Eagle City Council, pursuant to public notice as required by law, held a public hearing on December 7. 1999 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 RR=1 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. ADA COUNTY RECORDER J. DAVID NAVARRO t OfcE.. EJ" HO 1999 OE 29 AM 8:50 Page 1 of 2 K:ICOUNCIL\Ordinances.Ord 362 doc RECORDED -REQUEST OF DEPUTY./.1 99122986 6:46C€6? -1 - FEE Section 2: The real property, all situated in Ada County, Idaho, adjacent and contiguous to the City, particularly described in Exhibit "A" , attached, is annexed hereto and zoned Residential (one dwelling unit ner acre) District Classification R-1 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 ner acre) District , as reflected on Exhibit "A" , attached herein, as provided by the Zoning Ordinance of the City. The Comprehensive Plan and Zoning Map of the City are hereby amended to include the real property described in Section 2 above in the R-1 zoning land use classifications. 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 14th day of December, 1999. CITY COUNCIL OF THE CITY OF EAGLE Ada Cour, y, Idaho • Rick Yzaguirr , ayor ATTEST: Sharo Moore, Eagle ity Clerk 1oggetatfteNipoit V i' "'r .ce�aG�4? O1 '"tea cp Page 2 of 2 K;ICOUNCILIOrdinanceslOrd 362 doc STATE OF IDAHO ) : ss. County of Ada On this /1t dayof J(P / , in the year , before me, the undersigned, a Notary Public in and for said State, personally appeared and ,Sh rtx K. A4l Ce, known to me to be the MAYOR and Y 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 -j(g, / , Notary Public Residing at: /(u/?a Idaho My Commission Expires: /�/•z3%z LWIEIafMY SUM. N0. 1 REZONE SITE PLAN COLONY II SUBDIVISION CRAIG and KRISTEN VAN EENGELEEN A PORTON Of THE NW 1/4 OF SECWON 7, TOWNSHIP 4 NORTH. RANGE 1 EAST, BOISE MERIDIAN ROA1INO FEATHER MID N EV2E'41'E 004121 COP SIC.7 422541 E= 700 O426,11'E 1084.1E •.e••.s••®••le•••.� 0•••••®e•,..••••••••SEP • - — arsr------ • NOT IN PIAT wr Ana �•�=0• �i•�4S 2190086 SF 50.277 Ac CURRENT ZONING IS RT PROPOSED ZONING IS R2 � •RA NWMUNI SrAo If • 1• 1 1 •._.......„...77,7;_......_.• .n N1/tE MT IAC WLI PROPOSED COLONY SUED. REDW00D CREEK SUB. No. 2 PEAT BOOK 4E. PAGE 7010 R -I ZONING 04000 RECEIVED & FILED CITY OF EAGLE AUG 2 0 1999 File: Route tO: •1/•oaE a. V9 100 EO a 100 200 200 Di FEET COLONY II SUBDIVISION CRAIG & KRISTEN VAN ENGELEN it.C:LMTC.— r"'" 01,10110 AN {WI R ovum MR _ maim mug foo IT Pt - w MTC ENGINEERS - SURVEYORS McCARTER • TULLER • CHRONIC, RECEIVED & FILED CITY OF EAGLE AUG 2 0 1999 707 N 27TH ST. BOISE, IDAHO 83702 (208) 345-0780 FAX (208) 343-8967 SECTION: 7 T4N, R1 E, B.M. DESCRIPTION OF A TRACT OF LAND - 50.277 ACRES - COLONY II SUBDIVISION 8-13-99 A portion of the Northwest 1/4 of of Section 7, Township 4 North, Range 1 East of the Boise Meridian in Ada County, Idaho, more particularly described to wit: Commencing at a found brass monument marking the Northwest corner of the Northwest 1/4 of Section 7, Township 4 North, Range 1 East of the Boise Meridian, THE REAL POINT OF BEGINNING. thence North 89°26'41° East 991.09 feet along the Section line between Sections 6 and 7 to a set 5/8" iron pin with a plastic cap; thence South 01°07'55" West 250.66 feet to a set 5/8" iron pin with a plastic cap. thence North 89°26'41" East 230.00 feet to a set 5/8" iron pin with a plastic cap; thence South 01°07'55" West 101.63 feet to a set 5/8" iron pin with a plastic cap; thence North 89°26'41" East 666.94 feet to a set 5/8" iron pin with a plastic cap; thence South 01°11'10" West 968.56 feet to a found 5/8" iron pin marking the Southwest corner of the Wehren Subdivision; thence South 89°25'42" West 1407.77 feet along the Northerly boundary of Redwood Creek Subdivision to a found 2" iron pipe marking the Northwest corner thereof; thence South 89°26'23" West 463.97 feet to a found brass monument marking the Southwest corner of Government Lot 1; thence North 00°27'53" East 1320.91 feet along the Westerly boundary of said Govemment Lot Ito the REAL POINT OF BEGINNING of this description. This tract contains 50.277 acres, more or Tess, and is subject to all existing rights of way and easements. n Eor7Cte TeopCe of Idaho STATE TAX COMMISSION1 800 Park Blvd., Plaza IV • Boise. ID • 83722 January 5, 2000 Sharon K. Moore Eagle City Clerk/Treasurer P.O. Box 1520 Eagle, ID 83616 RECEIVED & FILED CITY OF EAGLE. JAN Al:e Routs to: Subject: Ordinance No. 362 Dear Ms Moore: The Idaho State Tax Commission has reviewed and processed the following action(s): Ordinance No. 362 When this annexation is completed, any changes dictated by this action(s) will appear on the year 2000 tax code area maps. Sincerely Jeff Servatius GIS Analyst, Sr. Technical Support Bureau CC: County Assessor County Clerk Equal Opportunity Employer Hearing Impaired Callers TDD 1-800-377-3529 The Idaho Statesman P.O. BOX 40, BOISE, IDAHO 83707-0040 LEGAL ADVERTISING INVOICE Account NumberlTrans. Identification 116026 174246 ORD.362 P.O. Humber Ordered By TRACY E. OSBORN CITY OF EAGLE 310 E. STATE ST. EAGLE, ID 116026 e'*r .IIII/I.... %.��,41 3LISk —% '% •. • -moi CG e 1 op: * °o C pU'`'' eo, , ,s • e OOOOOOOOOOOOOOOO Rate Run Dates Amount Due RECE$RED GMFILED OITY OF EAGLE ..MN 0 3 :TCG - - -- � File: NT .1 DECEMBER 28, 1999 • ,r Esflmated Inches Real Inches 136X2 LINES #Affidavits Legal Number 1 5874 JANICE HILDRETH , being duly swom, 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 E1 single ❑ consecutive daily ❑ odd skip insertion(s) beginning with the issue of DECEMBER 28 and ending with the issue of DECEMBE 28 , 19 , 1999 STATE OF IDAHO ) COUNTY OF ADA ) ss. On this 28TH day of DECEMBER in the year of 1999 , before me, a Notary Public, personally appeared JANICE HILDRETH known or identified to me to be the person whose name subscribed to the within instrument, and being by me first duly sworn, declared that the statements therein are true, and acknowledged to me that she executed the same. Notary Public f•r Idaho Residing at: My commission expires: Boise, Idaho LEGAL NOTICE ORDINANCE NO. 362 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; DIRND ECTING THAT APIES OFITES ORDINANCE BE FILED AS PROVIDED BY LAW; TE. WHEREAS, nde Rthee laws oft State of Idaho and imunicipal aunllhcorized to annex to organizedand withinr 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 October 18, 1999 as required by Section 67-6525, Idaho Code, and recommended to the Mayor and Council that the annexation and zoning request of Craig and Kristen Van En elen be approved. WHEREAS, the Eagle em er 7, 199pursuant proms ed notice zoning for the a apc hearing on December 7, real properly described in Section 2 below, as required by Section 67-6525, Idaho Code, made findings and determined that the requested annexation should be granted. Fur- ther, the zoning classification of R-1 Is appropriate to meet the requirements of Idaho Code, THEREFORE, RE Code BE IT ORDAINED BY THE PlanandAND COUIgranted. THE NOW, THEREFORE, 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, all situated in Ada County, Idaho,adiacent and contigu- ous to the City particularly described in Exhibit "A" , attached, is annexed hereto and zoned Residential (one dwelling unit per acre) District Classification R-1 by reference Incorporated herein, to the incorporated territorial limits of the City of Eagle, Idaho.pe persons withiFromtand and territory ddeescriribedsabove shalt bbll e sublectyto al 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 acre) District,as reflected on Exhibit "A" , attached herein, as provided by the Zoning Ordinance of te City. The Comprehensive Plan and Zoning Map of the City are hereby amended to include the real property described in Section 2 above in the R-1 zoning land use classifications. 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, Boise, Idaho assrequirederAda Section 50-223, and with the and to comho State ply commission,eBoise, 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, summary thereof in coumppliance withSectio lieu n50-901 Idaho Code, maenflre y be published. DATED this 14th day of December, 1999. CITY OF THE CITY OF EAGLE Ride Yzaguirre, Mayor ATTEST: Sharon Moore, Eagle City Clerk EXHIBIT A „r • MOW. (°"q " q 1I 0 14 r It SECTION : 7 T4N, R1E B.M. DESCRIPTION OF A TRACT OF LAND - 50.2777 ACRES - COLONY II SUBDIVISION. A portion of the Northwest 1/4 of Section 7, Township 4 North, Range 1 East of the Boise Meridian in Ada County, Idaho, more particularly described to wit: Commencing at a found brass monument marking the Northwest comer THE North- west 1/4 of Section 7, Township 4 North, Range 1 East of the Boise Meridian, RL POINT OF BEGINNING. to thence North 89°26'41" East 991.09 feet along the Section line between Section 6 and 7 a set 5/8' iron pin with a plastic cap; thence South 01°07'55" West 250.66 feet to a set 5/8" iron pin with a plastic cap. thence North 89°26'41" East 230.00 feet to a set 5/8" iron pin with a plastic cap. thence South 01°07'55" West 101.63 feet to a set 5/8' iron pin with a plastic cap. thence North 89°26'41" East 66.94 feet to a set 5/8' iron pin with a plastic cap. thence South 01°1190" West 968.56 to a found 5/8" iron pin marking the Southwest comer of the Wehren Subdivision; thence South 89°25'42" West 1407.77 feet along the Northerly boundary of redwood Creek Subdivision to a found 2' iron pipe marking the Northwest comer thereof;_ wence corner 3" ent L� 13.97 feet to a fogund brass monument marking e South- west outh- mthence North e Lot 110 the R TEAL P INT OF BEGINNING offhis description. sterly boundary of said Govem- This tract contains 5.277 acres, more or Tess, and is subiect to all existing rights of way and easements. STATE OF IDAHO ) : ss. County of Ada On this 14th day of December,pin the year 1999, before me, the undersigned, a Notary knownknintand to be theSM MAYOR and CLERK of sYzaguirre idmunicipalaco a%o mat executed corporation, and acknowledgededto metttwhiat such executed eecuteted s behalf of In witness whereof, I have hereunto set my hand and affixed my official seal the day