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Ordinance - 2016 - 761 - Annex/Zone Eusterman Subdivision - 11/16/2016ADA COUNTY RECORDER Christopher D. Rich BOISE IDAHO P9S=5 LISA BATT 2016-11297! EAGLE CITY 11/21/2016 03:18 Ph IIIIIIIII III 111111111111111111 NO FEE ���� CIIIIIIIIIII ��� 00300984201601129790060053 ORDINANCE NO. 761 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; CHANGING THE ZONING CLASSIFICATION OF SAID REAL PROPERTY DESCRIBED HEREIN FROM RUT (RURAL -URBAN TRANSITION) TO R -E -DA (RESIDENTIAL - ESTATES WITH A DEVELOPMENT AGREEMENT); AMENDING THE ZONING MAP OF THE CITY OF EAGLE TO REFLECT SAID CHANGE; DIRECTING THAT COPIES OF THIS ORDINANCE BE FILED AS PROVIDED BY LAW; AND PROVIDING AN EFFECTIVE DATE. WIJEREAS, 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 owner 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 of said real property to the City of Eagle; and WHEREAS, the owner of the real property situated within the City of Eagle and particularly described in Exhibit "A" of this ordinance has requested, in writing, a rezone from RUT to R -E- DA; and WHEREAS, the property described in Exhibit "A" is located at 3709 West Floating Feather Road; and WHEREAS, the Planning and Zoning Commission of the City, pursuant to public notice as required by law, held a public hearing on May 16, 2016, as required by Section 67-6525, Idaho Code, and made a recommendation to the Mayor and Council; and WHEREAS, the Eagle City Council, pursuant to public notice as required by law, held a public hearing on June 14, 2016, on the proposed annexation and zoning for the real property described in Exhibit "A" 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 -E -DA for the property described in Exhibit "A" 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 KACOUNCIDDraft Ordinances\ORD 761 Eusteman.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 particularly described in Exhibit "A", attached hereto and incorporated herein by reference, 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 here to and included herein by reference, is hereby annexed to the incorporated territorial limits of the City of Eagle, Idaho. Section 3: The City Council hereby finds and determines that the real property particularly described in Exhibit "A" and generally as shown on Exhibit `B", attached hereto and incorporated by reference, is hereby removed from the RUT (Rural -Urban Transition) zoning classification and is hereby included in the R -E -DA (Residential -Estates with a development agreement) zoning classification 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 -E -DA zoning district. Section 4: 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 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 63-215, 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. Page 2 of 3 KACOUNCIUDraft Ordinances\ORD 761 Eustennan.doc DATED this 15th day of November 2016. CITY COUNCIL OF THE CITY OF EAGLE Ada County, Idaho Stan Ridgeway, Mayor ATTEST: �f Sharon K. Bergmann, Eagle Cil Clerk STATE OF IDAHO) ss. County of Ada ) .•`''�pGLE '•. �j•' � ATF'•.• � :, U' 0 •, yi O On this -j&0day of , in the yearp�, before me, the undersigned, a Notary Public in and for said State, personally appeared STAN RIDGEWAY, known to me to be the MAYOR 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. / A _ ve••�•� O S B O •*'' : G ••• % ;� ® oRY Z ® ti 4E `• PUBV • •. .• �V- 10# •*'•srA TE•OF '''hInan,+' , Iry, Pub,[,Ic ' [ding t: a jijv) Commission Expires: - `02 Page 3 of 3 K ICOUNCIUDraft Ordinances' -ORD 761 Eusterman.doc EXHIBIT "A" IDAHO 1450 East Watertower St. Suite 130 SURVEY 99 Meridian, Idaho 83642 GROUP i Route to: Phone (208) 846-8570 Fax (208) 884-5399 Project No. 16-010 March 3, 2016 ANNEXATION DESCRIPTION FOR EUSTERMAN SUBDIVISION Lot 4, Block 1 of Ray's Acres Subdivision as file in Book 30 of Plats at Pages 1870 and 1871, records of Ada County, Idaho and a portion of the NW 1/4 of the NE 1/4 of Section 12, TAN., RAW., B.M., Ada County, Idaho more particularly described as follows: Commencing at the NE corner of said Section 12 from which the N1/4 corner of said Section 12 bears North 89°22'24" West, 2641.97 feet; thence along the North boundary line of said Section 12 North 89°22'24" West, 1,620.50 feet to the REAL POINT OF BEGINNING; thence leaving said North boundary line and along the East boundary line of said Lot 4 and the northerly extension thereof South 00°40'07" West, 825.88 feet to the SE corner of said Lot 4; thence along the southerly boundary line of said Lot 4 North 84°40'58" West, 302.32 feet to the SW corner of said Lot 4; thence along the West boundary line of said Lot 4 and the northerly extension thereof North 00°46'04" East, 801.16 feet to a point on the North boundary line of said Section 12; thence along said North boundary line South 89022'24" East, 299.94 feet to the REAL POINT OF BEGINNING. Containing 5.61 acres, more or less. S:\ISG Projects\3709 W. Floating Feather Topo 16-010\Documents\Eusterman Sub Annexation Desc.doc 1/4 S.1 W. FLOATING FEA S.12 721.53' A RAY'S ACRES EXHIBIT "B" 13ASIS OF BEARING REAL POINT ROAD- N89*22'24"W 2641.97' OF BEGINNING S.1 S.6 299.94' - - 1620.50' S.12 S.7 HtGEIVturI:_ 3:1w II CITY OF EAG I E It i zz MAR 0 3 20 ~ I I O I I JL I � I I I I I I _ I N84'40'Sg"W A 302.3 -- �0 (N85'27'34"W) Na s S�c� GAG i 7 729 'PF F OF \� \� y G. C P� IDAHO I File: 1450 E. WATERTOWER ST. i Route to: BLOCK 1 I I GROUP, P.C. O I I I I -co 5 LO LO ACRES CN RAY'S I^ ,3 O :r o I N O 5.61 ACRESI v I d v I I O I I JL I � I I I I I I _ I N84'40'Sg"W A 302.3 -- �0 (N85'27'34"W) Na s S�c� GAG i 7 729 'PF F OF \� \� y G. C P� IDAHO 1450 E. WATERTOWER ST. SURVEY SUITE 130 MER DIAN, IDAHO 83642 GROUP, P.C. (208)848-0570 RAY'S ACRES 20 120 360 0 60 240 SCALE: 1 " = 120' ANNEXATION EXHIBIT DRAWING FOR I Ie -opo EUSTERMAN SUBDIVISION SHEET NO. LOT 4, BLOCK 1 OF RAYS ACRES SUBDIVISION LOCATED IN THE NW 1/4 OF DWG. DATE THE NE 1/4 OF SECTION 12, T.4N., R.M. B.M. ADA COUNTY, IDAHO 3/3/2nlg A Ackrd Valley Times • PO Box 166, Star, Idaho 83669 ADVERTISING PROOF OF PUBLICATION File: RECEIVED & FILE CITY OF EAGLE DEC 19 2016 Ac ount: �, �„ �- �� �.�� Identification: Ce Address: C1v I _C L4 -i Run dates: 91 ( Amount '3Ao ORDINANCENO.761 AN ORDINANCE ANNMG CERTAIN REAL PROPERTY SITUATED IN THE CORPORATE UNINCORPORATED AREA OFF THE ADA COUNTY, IDAHO, AND CONTIGUOUS TO THE CITY OF EAGLE, TO THE CITY OF EAGLE, IDAHO; CHOGNG THE ZONING CLASSIFICATION OF SAID REAL PROPERTY DESCRM HEREIN FROM RUT (RURAL -URBAN TRANSITION) TO R IrDA (RESIDENI7AG ESTATES WITH A DEVELOPMENT AGREEIEIT); AMENDING THE ZONING MAP OF THE CITY OF EAGLE TO REFLECT SAID CHANGE; DIRKTING THAT COPIES OF THIS ORDINANCE BE FILED AS PROVIDED BY LAW, AND PROVIDING AN EFFECTIVE DATE. M PEAS, the City of Eagle, Idaho is a mrmicipel 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 owner of the real properly abated in the unincorporated area of Ada CouNy and particularly described in Exhibit "A" of this ordinance has requested, in wrrttng, annexation of said real property to tho City of Eagle; and WHEREAS, the owner of the real property situated within the City of We and *eularily described in Exhibit "A" of this ordinam has requested, in writing, a rezone from RUT to R -E- DA; and WHEREAS, the property desmbed in ExhtW "A' is located at 3709 West Floating Feather 4a, the Plamung and Zoning Commission of the City, pursuant to pubbe notice as required bylaw, held a public heanog on May 16, 7016, as required by Section 67 6525, Idaho Code; and made a recommendauou to the Mayor and Council; and WHEREAS, the Eagle City Council, pursuant to public notice as required by law, held a public hearing on time 14, 2016, an the proposed annexation and zoning for the real property described in Exhibit "A" as required b) -Section 67.6525, Idaho Code, made findings and determined that gle requested annexation should be granted and that caning classification of R -E -DA for the property described in Exhibit "A" is appropriate w meet the requirements of Idaho Code, Eagle City Code and the Eagle Comprehensive Plan and should be granted. Eil�i'B•rreyOeNc�eddaei9re�=•<�.-1ws�Ee�eCtYMa96WE/S�Iane,Ea¢etDatal5 Rbun A W pWId3 Melissa Upton, being duly sworn, deposes �- and says: That she is the Principal Clerk of alley Times, a weekly newspaper published at Star, Ada County, State of Idaho; that the said newspaper is in general circulation in the said ounty of Ada, and in the vicinity of Meridian, u Star, and Eagle, and has been uninterruptedly 2 published in said County during a period of �nty-eight consecutive weeks prior to the first w0 on of this notice, a copy of which is attached 13" hereto, and that the notice was published in Z016 +y Times, in conformity with Section 60-108, ho Codes, as amended, for I— time(s) P die regular and entire issue of said paper, and printed in the newspaper proper, and not in a 170 and pplement; and that said notice was published ion 12,on the following dates: Beginning t�R n-zl s �S ,l 1p of said 0.50 . 4 �Said feet , At 11 ---car r-5 I!atirteJ flip aQt :F aoPiz o s 9� OF STATE OF IDAHO) )SS ! COUNTY OF ADA) day of in the year of 2016 ore me, a Notary Public, personally appeared n, known or identified to me to be the person name is subscribed to the within instrument, ring by me first duly sworn, declared that the herein are true, and acknowledged to me that she executed the same. Nofary Public for Idaho Residmi at Star, ID mission expires: IDAHO State Tax Commission January 17, 2017 Sharon Bergmann Eagle City Clerk P O Box 1520 Eagle, ID 83616 Subject: Ordinance No. Dear Ms. Bergmann: PO Box 36 - Boise ID 83722-0410 800 Park Blvd., Plaza IV - Boise ID 83712-7742 ord.-761 EAGLE (CITY) File: tULIVED & FILE CITY OF EAGLE JAN 2 U 2017 The Idaho State Tax Commission (ISTC) received the documentation that was provided for the annexation of real property in EAGLE (CITY), for tax year 2017. We approve the map and legal description; however this approval is limited to the acknowledgement that the map and legal description meet the requirements of Section 63-215 Idaho Code, and Idaho State Tax Commission Rule 225. Please review the documentation for accuracy and respond in a timely manner or it may be too late to make corrections. Please respond if the attached documentation is correct or if there are issues. You can contact us by email at taxgis@ics.idaho.gov or by phone at (208) 334-7750. Thank you for your cooperation. Find current year information about taxing district change requests at the Current Status Web page. Please visit http://tax.idaho.gov/i-1069.cfn. Sincerely, Geographic Information Systems Division Technical Support Bureau Idaho State Tax Commission Phone (208) 334-7750 j Email taxgis@ics.idaho.gov C�y��� J��JS Tc— A W/ hy 671s 0 ou.✓ Equal Opportunity Employer • tax.idaho.gov • Hearing Impaired TDD (800) 377-3529 §§ ■ � ... � « � ƒ ��) ]w- | � ■ / @ § 2\ «-« � c ) k�/\\ e2#]m \ �» � !k ■ §/ 2 � a � . ■ 2 § E+- «-fie y � 2�k \ , ( \ � 6 . Z ) PC ®P,-dl~ __ o 2 ( �� ƒ/ � �0 7❑❑ •i # � /` �\ y . / ■ #m -a _em d ■ � --- - x w 2 ��O � / ;cc t jo y - 4�`��