Ordinance - 2016 - 762 - Annexation/Rezone Of Terry Property At 2755 West State Street - 11/15/2016ADA COUNTY RECORDER Christopher D. Rich 2016-112980
BOISE IDAHO Pgs=5 LISA BATT 11/21/2016 03:18 PM
EAGLE CITY NO FEE
II I II I III III 1111111111111111111 VIII 111111 IIII II III
00300885201801128800050050
ORDINANCE NO. 762
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 MU -DA (MIXED USE 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.
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 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 MU -
DA; and
WHEREAS, the property described in Exhibit "A" is located at 2755 West State Street; and
WHEREAS, the Planning and Zoning Commission of the City, pursuant to public notice as
required by law, held a public hearing on August 1, 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 September 13, 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
MU -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.
Pagel of 3
K:\COUNCII.\Draft Ordinances\ORD 762 Terry.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 MU -DA (Mixed Use 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 MU -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 762 Teny.doe
DATED this 15th day of November 2016.
CITY COUNCIL OF THE CITY OF EAGLE
Ada County, Idaho
Stan Ridgeway, Mayor
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ATTEST: P,......h * •.,
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Sharon . Bergmann, Eagle City Cl4k
STA'.••
STATE OF IDAHO)
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County of Ada )
On this day of 1'Y1,i'� , in the year, 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. _
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Page 3 of 3
K'.COUNCU-0raft OrdlnancmORD 762 Terty doc
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MEHM= 9233 WEST STATE STREET I BOISE, ID 83714 1 208.639.6939 l FAX 208.639.6930
October 27, 2016
Project No.: 16-051
EXHIBIT A
LEGAL DESCRIPTION FOR
ANNEXATION AND REZONE TO MU -DA
A parcel of land being a portion of Government Lot 5 of Section 7, Township 4 North, Range 1 East, Boise
Meridian, City of Eagle, Ada County, Idaho and being more particularly described as follows:
Commencing at a found brass cap marking the South 1/4 corner of said Section 7, which bears S01°11'30"W a
distance of 2,629.42 feet from an aluminum cap marking the center of said Section 7, thence following the
easterly line of the Southwest 1/4 of Section 7, N01"11'30"E a distance of 1,332.23 feet to a point on the
centerline of W. State Street (S.H. 44);
Thence leaving said easterly line and following said centerline, S89`41'32"W a distance of 983.74 feet to the
POINT OF BEGINNING.
Thence leaving said centerline, S0100654"W a distance of 935.64 feet to a point;
Thence S85°38'52"W a distance of 142.28 feet to a point;
Thence N79'06'08"W a distance of 198.00 feet to a point;
Thence N01°08'44"E a distance of 907.21 feet to a point on said centerline of W. State Street (S.H. 44);
Thence following said centerline N89°41'32"E a distance of 336.38 feet to the POINT Of BEGINNING.
Said parcel contains 7.203 acres, more or less, and is subject to all existing easements and/or rights-of-way of
record or implied.
Attached is EXHIBIT B and by this reference made a part of.
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ENGINEERS I SURVEYORS I PLANNERS
www.kmengilp.com
CENTER SECTION 7
of
N CENTERLINE rn -
POINT OF N
W. State St. (S.H. 44) BEGINNING ( 4
N89'41'32"E _336.38' S89'41'32"W N
— 983.74' w
-- — — — s
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ENGINEERS. SURVEYORS. PLANNERS
9233 WEST STATE STREET
BOISE, IDAHO 83714
PHONE(208)639-6939
FAX(208)639-6930
DATE: 10.27-2016
PROJECT: 16.051
SHEET:
1 OF 1
/W /W R/W R/W R/W— roj
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In
NORTH UNE
to o o GOVT LOT 5 ;� o
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Unplatted
POINT OF
COMMENCEMENT
SOUTH 1/4 CORNER
SECTION 7
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Total Rezone: 7.203±
H APN: S0507346700 Unplatted
CURRENT ZONING: RUT
o PROPOSED ZONING: MU—DA )
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Unplatted cn
S85.3B'52"W
142.28'
LINV7!9-06'0
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North Channel of Boise
River
LEGEND
EXHIBIT B - ANNEXATION AND REZONE
RICHARD AND SHARON TERRY
A PORTION OF GOVERNMENT LOT 5, SECTION 7, T.4N., R.1E., B.M.,
CITY OF EAGLE, ADA COUNTY, ID
BRASS CAP
®
ALUMINUM CAP
CALCULATED POINT
— —
REZONE BOUNDARY
— — — —
— GOV'T/SECTION UNE
R/W
RIGHT-OF-WAY UNE
—
ROAD CENTERLINE
EXHIBIT B - ANNEXATION AND REZONE
RICHARD AND SHARON TERRY
A PORTION OF GOVERNMENT LOT 5, SECTION 7, T.4N., R.1E., B.M.,
CITY OF EAGLE, ADA COUNTY, ID
..�L�tvta & FILED
CITY OF EAGLE
DEC i u 2r1:;
Valley Times
PO Box 166, Star, Idaho 83669
LUGAL ADVERTISING PROOF OF PUBLICATION -
Acpount: Identification:Y U D_
AMress: c. Ln • Run dates:
l 3 1 Number Lines 3 Amount D,
A*ntion: Other
November 28, 2016
ORDINANCE NO. 762
AN ORDINANCE ANNFMG 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 Cra OF EAGLE, IDAHO;
CHANGING THE ZONING CLASSIFICATION OF SAID REAL PROPERTY DESCRIBED
HEREIN FROM RUT (RURAL -URBAN TRANSMON) TO MU -DA (MD® USE 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 BYLAW; AND PROVIDING AN EFFECTIVE DAZEWHEREA.
sthe a City ne f Idaho �I rO is a mlmicipal cerPudus orgamyW and operating under
ofthe City contiguous nal in
MMrized to annex ro and mcetporape wittrin tlx b wduies
proF�Y m mamerpmrvided by Section 50.24 Idaho Code; and
the owner of the reel properly situated in the -incorporated area of Ada County
iy desc IW in Exhibit "A" of this ord'maoce has requesn4 in writing, amegat on
epertyt0 the City of Eagle; and
WHEREAS, the owner of the nal *up" siWftd within die City of Eagle and particularly
descnbed m Exhibit "A" of this ordinance has requested, m writing, a rezone from RUT to MLL
DA; and
WHEREAS, the property descn1W in Exbibit "A" is located at 2755 west state street; and
required WHEREAS, the Ph and Zo*g Commission of the City, pursuant to public notice as
Cod; and made a recocB on August I, 2016, as required by Section 67.6525, Idaho
mmeadation to the Mayor and Council; and
WHEREAS, theEagle City Council, prusuaot to public notice as required by law, held a public
epte312016, on the proposed atmexulion and zoning for die nrel property
de=bM m Exhibit "A" as m gmrod by Section 67.6521, Idaho Cod; made 6ndmga and
MIT the requested nuumWon should be gm w and that a zoning classi6c ajon of
pmpe+ty descnbed in ExluU A" is appropriate to mad the
Idaho Code, We City Code and the Eagle Comprehensive Plan and should be graded, of
d��ayae �+s aarennnss�r rxr ssoF5kL., ®airs
a� ams
rage i o11
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Melissa Upton, being duly sworn, deposes
and says: That she is the Principal Clerk of
Valley Times, a weekly newspaper published at
Star, Ada County, State of Idaho; that the said
newspaper is in general circulation in the said
County of Ada, and in the vicinity of Meridian,
Star, and Eagle, and has been uninterruptedly
published in said County during a period of
seventy-eight consecutive weeks prior to the first
`plication of this notice, a copy of which is attached
hereto, and that the notice was published in
Valley Times, in conformity with Section 60-108,
Idaho Codes, as amended, for I— time(s)
in the regular and entire issue of said paper, and
was printed in the newspaper proper, and not in a
supplement; and that said notice was published
on the following dates:
Beginning �j �nyg,i�.�� 'tp
Ending
jaA I
STATE OF IDAHO)
)SS
�/ COUNTY OF ADA)
On this IV day of Po_ in the year of 2016
before me, a Notary Public, personally appeared
1lissa Upton, known or identified to me to be the person
whose name is subscribed to the within instrument,
and being by me first duly sworn, declared that the
statements herein are true, and acknowledged to me that
she executed the same.
u 67- Notary Public for Idaho
Q Residing at Star, ID
My commission 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.-762 EAGLE (CITY)
MUItIVED & FILE
CITY OF EAGLE
JAN 2 U 2017
File:
Route to:___
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.cfm.
Sincerely,
Geographic Information Systems Division
Technical Support Bureau
Idaho State Tax Commission
Phone (208) 334-7750
Email taxgis@ics.idaho.gov
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Equal Opportunity Employer 9 taxldaho.gov 9 Hearing Impaired TDD (800) 377-3529
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