Ordinance - 1999 - 343 - Zone Change/Brookwood Subdivision - 05/25/1999ORIGINAL
ORDINANCE NO. 343
AN ORDINANCE CHANGING THE ZONING CLASSIFICATION OF THE REAL
PROPERTY DESCRIBED HEREIN FROM A (AGRICULTURAL) CLASSIFICATION TO R-
2 -DA -P (RESIDENTIAL, TWO UNITS PER ACRE WITH DEVELOPMENT AGREEMENT AND
PUD) AND R -4 -DA -P (RESIDENTIAL, FOUR UNITS PER ACRE WITH DEVELOPMENT
AGREEMENT AND PUD) 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 -P (residential, two units per acre with
Development Agreement and PUD) and R -4 -DA -P (residential, four units per acre with
Development Agreement and PUD) classifications are 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 -P and R -4 -DA -P classifications 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.
Section 2: The described real property generally as shown on Exhibit "A" and located as
specifically described in the attached legal descriptions (Exhibits "B" and "C") by Toothman-
Orton Engineering Company date stamped May 14, 1999, 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 -P classification and the real property
described in Exhibit "C" is hereby included in the R -4 -DA -P classification.
Section 3: The official Zoning Map of the City of Eagle, Idaho, is hereby amended to reflect the
foregoing change in zoning classification.
Page 1 of 2
\EAGLENTI .COMMON \ COUNCIL '•.Ordinances •Ord 343 doc
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 May, 1999.
CITY OF EAGLE
ADA COUNTY, IDAHO
Ric Yza
Mayor
ATTEST:
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Sharon oore �g� * 1
City Clerk/Treasurer ` 4 f
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Page 2 of 2
''EAGLENTI,.COMMON\COUNCIL •.Ordinances •.Ord 343 doc
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BROOKWOOD SUBDIVISION
RECEIVED & FILED
CITY OF EAGLE
PROJECT: 98036 MAY 1 1999
DATE: April 8, 1999
PAGE: 1 of 2 File:
Route to-
EXIIIBIT "13"
CITY OF EAGLE Rx2 ZONING BOUNDARY
WITHIN BROOKWOOD SUBDIVISION
A parcel of land situated in the S1/2 of Section 4, T.4N., R.1E., B.M., City of Eagle,
Ada County, Idaho, being a portion of that certain 219.19 Acre parcel of land as shown
on Record of Survey No. 4319, Ada County Records, more particularly described as
follows:
COMMENCING at the southwest comer of said Section 4, from which, the south '/a
corner of said Section bears N.89°05'57"E., 2660.01 feet; thence, along the westerly
line of said Section,
A) N.01°26'33"W., 272.50 feet to the POINT OF BEGINNING; thence,
continuing,
1) N.01°26'33"W., 877.83 feet to the intersection with the centerline of
Dry Creek; thence, along said centerline through the following courses:
2) N.81°41'26"E., 116.02 feet; thence,
3) N.55 ° 19'37"E. , 190.85 feet; thence
4) N.80°24'03"E., 326.43 feet to the north line of the SW1/4 of the SW1/4
of said Section 4; thence,
5) N.89°57'27"E., 286.90 feet; thence,
6) N.51°57'48"E., 6.29 feet to said north line; thence, leaving said Dry
Creek centerline, along said north line,
7) N.89°11'51"E., 438.87 feet to the SW1/16 corner of said Section;
thence, along the west line of the NE1/4 of the SW1/4 of said Section,
8) N.01°30'07"W., 569.56 feet to a 5/8" iron pin on the north bank of Dry
Creek marking the southwest corner of Lot 7, Block 1 of Upper Dry
Creek Estates Subdivision as shown Book 58 of Plats at Pages 5570 and
5571, Ada County Records; thence, along said north bank and the
southerly line of said Block 1 through the following courses:
9) N.85°37'49"E., 103.88 feet; thence,
10) N.70°25'36"E., 121.13 feet; thence,
11) N.66°11'12"E., 613.79 feet; thence,
12) N.65°42'57"E., 763.79 feet; thence,
13) N.84°15'29"E., 139.32 feet; thence, leaving said southerly line of Block
1, continuing along said north bank of Dry Creek through the following
approximate courses:
14) N.76°58'20"E., 324.92 feet; thence,
File G:\98036\wpfiles\Zone-R2.doc
PROJECT: 98036
DATE: June 29. 1998
PAGE: 2 of 2
RECEIVED & FILED
CITY OF EAGLE
MAY 1 4 1999
File:
Route to:
15) N.88°50'20"E., 100.50 feet; thence,
16) N.42°31'37"E., 101.87 feet to the intersection of the north bank of Dry
Creek with the north line of the S1/2 of Section 4; thence, leaving said
north bank, along the north line of said S1/2 of Section 4,
17) N.89°18'50"E., 1855.67 feet to the E1/4 corner of said Section; thence
along the easterly line of said Section,
18) S.01 °02'35"E., 713.15 feet to the southeasterly corner of that certain
14.677 Acre Parcel of land as shown on Record of Survey No. 915;
thence, along the southeasterly line of said Parcel,
19) S.51 °04'52"W., 969.71 feet; thence, generally along the following
courses,
20) N.00°00'00"W., 942.18 feet; thence,
21) S.64°29'09"W., 1479.07 feet; thence,
22) S.45°15'07"W., 529.14 feet; thence,
23) S.55°13'48"W., 650.62 feet; thence,
24) S.70°13'55"W., 656.43 feet; thence,
25) S.01 °29' 19"E., 417.84 feet to a point on southerly boundary of said
Record of Survey No. 4319; thence, along said southerly line through
the following courses:
26) S.65°21'12"W., 347.91 feet to the westerly line of the SE1/4 of the
SW1/4 of Section 4; thence, along said westerly line,
27) S.01°30'07"E., 139.95 feet to the W1/16 corner between Sections 4 and
9; thence, along the south line of said Section 4,
28) S.89°05'57"W., 830.10 feet; thence,
29) N.01°26'33"W., 30.00 feet to line parallel with and 30.00 feet northerly
of said south line of Section 4; thence, along said parallel line,
30) S.89°05'57"W., 425.00 feet; thence,
31) N.46°10'07"W., 59.67 feet to line parallel with and 33.00 feet easterly
of the west line of said Section; thence, along said parallel line,
32) N.01°26'33"W., 200.81 feet; thence,
34) S.88°33'27"W., 33.00 feet to the POINT OF BEGINNING.
CONTAINING 133.29 Acres, more or less.
SUBJECT TO all Covenants, Rights, Right -of -Way and Easements of Record.
File G:\98036\wpfiles\Zone-R2.doc
PROJECT: 98036
DATE: April 121999
PAGE: 1 of 1
EXHIBIT "C"
CITY OF EAGLE RA4 ZONING BOUNDARY
WITHIN BROOKWOOD SUBDIVISION
RECEIVED & FILED
CITY OF EAGLE
MAY 1 4 1999
File:
Route to:
A parcel of land situated in the S1/2 of Section 4, T.4N., R.1E., B.M., City of Eagle,
Ada County, Idaho, being a portion of that certain 219.19 Acre parcel of land as shown
on Record of Survey No. 4319, Ada County Records, more particularly described as
follows:
BEGINNING at the brass cap monument marking the southeast corner of the SW 1/ of
the SE'4a of said Section 4, from which, the S'/a corner of said section bears
S.89°05'36"W., 1312.23 feet; thence, along the south line of said section,
1) S.89°05'36"W., 1312.23 feet to the S1A corner of Section 4; thence,
continuing along said south line,
2) S.89°05'57"W., 1010.06 feet; thence,
3) N.01°29' 19"W . , 280.05 feet; thence generally along the following
courses:, continuing,
4) N.01°29'19"W., 417.84 feet; thence,
5) N.70°13'55"E., 656.43 feet; thence,
6) N.55°13'48"E., 650.62 feet; thence,
7) N.45°15'07"E., 529.14 feet; thence,
8) N.64°29'09"E., 1479.07 feet; thence,
9) S.00°00'00"W., 942.18 feet to a point on the southeasterly line of said
Record of Survey No. 4319; thence, along said southeasterly line
through the following courses:
10) S.89°11'27"W., 62.32 feet; thence,
11) S.11°20'20"W., 481.93 feet; thence,
12) S.72°52' 13 "W. , 399.95 feet to a point on the east line of said SW'/a of
the SE'/a of section 4; thence, along said east line,
13) S.01°18'05"E., 730.46 feet to the POINT OF BEGINNING.
CONTAINING 85.90 Acres, more or less.
SUBJECT TO all Covenants, Rights, Right -of -Way and Easements of Record.
File G:\98036\wpfiles\Zone-R4.doc
The Valley News, P.O. Box 9, Meridian, Idaho 83680
Affidavit of Publication
STATE OF IDAHO
COUNTY OF ADA
} Ss.
Ord. #343
TITLE OF PUBLICATION
City of Eagle
PLAINTIFF OR LEGAL AGENT
Scott Zelden , being duly sworn,
deposes and says:
That I am the Publisher pf THE VALLEY NEWS, a
weekly newspaper published in Meridian, in the County of Ada and State of
Idaho; that said newspaper has been and is in general circulation in the county
aforesaid, and in the vicinity of Meridian; that the advertisement, a copy of which
is attached hereto, was published in said newspaper once a week for 1
consecutive weeks in the regular and entire issue of said paper during the
period and time of publication, and was published in the newspaper proper and
not a supplement; that said paper has been established and regularly published for
more than seventy-eight consecutive weeks prior to the date of first publication of
said advertisement.
Such notice was published in the issue beginning with
19 99 . and ending wiue of
19 99�
Willi 11111&11 FIIIII Nib
��',.. ~.
X
14
STATE OF IDAHO
COUNTY OF ADA
On this 6 day of July in the year of 1999 before me, a Notary
Public, personally appeared Scott Zelden , known or identified
June 9
June 9
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 he/she executed the soik
qu, mmnru�n�z
_ �4T Aro ,
Rfsiding at
:tea -30 \G'.0�I
n expires
Notary Public for Idaho
1:4171-‹)
� (,
�'''lnrn,nunwuuaa�n
STATEMENT
Valley News
Meridian, Idaho
Number of Lines 138 Lines
Number of Insertions 1
138 Lines @ 1.50 $ 207.00
Lines @ 1.25 $
TOTAL COST
\S/TT T Tlr' A,
NO. 343
AN ORDINANCE CHANGING
THE ZONING CLASSIFICATION
OF THE REAL PROPERTY
DESCRIBED HEREIN FROM A
(AGRICULTURAL) CLASSIFICA-
TION TO R -2 -DA -P (RESIDEN-
II TIAL, TWO UNITS PER ACRE
WITH DEVELOPMENT AGREE-
MENT AND PUD) CLASSIFICA-
TION; AMENDING THE ZONING
. MAP OF THE CITY OF EAGLE TO
11 REFLECT SAID CHANGE; AND
; PROVIDING AN EFFECTIVE
DATE.
WHEREAS, the real property par-
d ticularly described in Section 2 here-
- inafter is presently included in the A
1 (Agricultural) classification under the
zoning ordinance of the City of
1 Eagle; and
WHEREAS, the City Council of
the City of Eagle has determined that
1 the zone change is in accordance with
the Eagle Comprehensive Plan and
T relevant City Codes and that the
rezoning from A (Agricultural) classi-
3 fication to .R -2 -DA -P (residential, two
units per acre with Development
k Agreement and PUD) and R -4 -DA -p
(residential, four units per acre with
Development Agreement and PUD)
classifications are granted.
[l NOW THEREFORE, BE IT
ORDAINED BY THE MAYOR AND
IUNC1L OF THE CITY OF L
GLE, IDAHO, AS FOLLOWS:
[ /Section 1: The City Council here-
finds and determines that it is in
f 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 particu-
,, ,fly described in Section 2 below be
N3,44noved from the A (Agricultural)
zoning classification and included in
5 the R -2 -DA -P and R -4 -DA -P classifi-
cations all pursuant to the Zoning
Ordinance of the City of Eagle. The
City Council further finds and deter-
mines that said zone change is in
accordance with the Eagle Compre-
. hensive Plan and relevant City Codes.
Section 2: The described real
property generally shown on Exhibit
"A" and located as specifically
described in the attached legal
descriptions (Exhibits "B" and "C")
b� Toothman-Orton Engineering
Company date stamped May 14,
1999, 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 -P classifica-
tion and the real property described in
Exhibit "C" is hereby included in the
R -4 -DA -P classification.
i
L
1►T/1 I -A cqP
The Valley News, P.O. Box 1, Meridian, Idaho 83680
Affidavit of Publication
STATE OF IDAHO
COUNTY OF ADA
} ss.
Brookwood Subdivision/Zoning Lines
TITLE OF PUBLICATION
City of Eagle
PLAINTIFF OR LEGAL AGENT
Scott Zelden
, being duly sworn,
deposes and says:
That I am the Publisher of THE VALLEY NEWS, a
weekly newspaper published in Meridian, in the County of Ada and State of
Idaho; that said newspaper has been and is in general circulation in the county
aforesaid, and in the vicinity of Meridian; that the advertisement, a copy of which
is attached hereto, was published in said newspaper once a week for 1
consecutive weeks in the regular and entire issue of said paper during the
period and time of publication, and was published in the newspaper proper and
not a supplement; that said paper has been established and regularly published for
more than seventy-eight consecutive weeks prior to the date of first publication of
said advertisement.
Such notice was published in the issue beginning with
19 99 , and endin
19�
X
e issue of June 9
STATE OF IDAHO
COUNTY OF ADA
On this 6 day of July
Public, personally appeared
in the year of
Scott Zelden
June 9
1999 before me, a Notary
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
acknowledg „tramynthat he/she executed the
�. •\'S1 OWF
81* O R
r.
lsiding at
. V c1� C/g.' rO
�.�'9J�;•• •qiebilion expires
Notary lic for Idaho
itz
STATEMENT
Valley News
Meridian, Idaho
Number of Lines 67 Lines
Number of Insertions 1
67 Lines @ 2.70 $ 180.90
Lines @ 1.25 $
TOTAL COST
EAGLE ROAD
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