Ordinance - 1999 - 342 - Annex/Rezone The Colony - 03/23/1999ADA COUNTY RECORDER
. D. VIO NAVARRO
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Recording of Ordinance No. 342
Requested By and When Recorded Return To:
Sharon K. Moore
City Clerk/Treasurer
City of Eagle City
310 E. State Street
Eagle, Id 83616
This sheet has been added to the document to
accommodate the recording information.
ORDINANCE NO. 342
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 December 7, 1998 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 Enaelen be approved.
WHEREAS, the Eagle City Council, pursuant to public notice as required by law, held a public
hearing on February 9, 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.
Page 1 of 2
H.\COUNCIL\Draft Ordinances\Draft Ord 342.doc
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 per 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 23rd day of March, 1999.
CITY COUNCIL OF THE CITY OF EAGLE
Ada Com, Idaho
Rick \'zaguirre
ATTEST:
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Sharon Moore, Eagle City C rk �o ry
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Page 2 of 2
H. •.COUNCIL Draft Ordinances\Draft Ord 342 doc
STATE OF IDAHO )
ss.
County of Ada )
On this 23rd day of March, in the year 1999, before me, the undersigned, a Notary
Public in and for said State, personally appeared Rick Yzaguirre and Sharon K. Moore,
known to me to be the MAYOR and CITY 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 first written. �,t O S
VA ,e' -)//49e ----•J oI Co
Notary Pi1ic
It 410/ Residing at:
My Commission Expires: !/pa
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ENGINEERS - SURVEYORS
m
McCARTER • TULLER • CHRONIC, INCORPORATED
707 N. 27TH ST. BOISE, IDAHO 83702 (208) 345-0780 FAX (208) 343-8967
The Colony Subdivison
Annexation Description
A Subdivision located in a portion of
Government Lots 2 and 3 of Section 7, T.4N., R.1E., B.M.,
Ada County, Idaho
Beginning at the 1/16 corner common to Section 7, T.4N., R.1E., B.M. and Section 12, T.4N., R.1W.,
B.M.; thence North 00°42'30" East, 106.56 feet along the section line of said Sections 7 and 12 to
a found 6/8" iron pin with a plastic cap on the northerly right-of-way of State Highway No. 44/State
Street, said pin being the REAL POINT OF BEGINNING;
thence North 00°42'30" East, 1,220.08 feet along the westerly boundary of Government Lot
3 to a found aluminum monument marking the West Ya Corner of said Section 7;
thence continuing along the westerly boundary of Government Lot 2, North 00°28'48" East,
1,320.93 feet to found brass monument marking the North 1/16 Corner on the West boundary
of said Section 7;
thence North 89°26'23" East, 463.97 feet to a found 6/e" iron pin in a 2" iron pipe, which is
marking the Northwest Corner of Redwood Creek Subdivision No. 2, recorded in Plat Book
68 at Page 7010;
thence South 00°35'23" West, 2,543.84 feet along the westerly boundary of said Redwood
Creek Subdivision No. 2, and the westerly boundary of Redwood Creek Subdivision, recorded
in Plat Book 64 at Pages 6445 and 6446 to a found 6/8" iron pin with a plastic cap marking the
Southwest Corner of said Redwood Creek Subdivision, which is a point on the northerly
right-of-way of State Highway No. 44/State Street;
thence continuing South 00°35'23" West, 65.01 feet to the center line of State Highway
44/State Street;
thence South 89°47'22" West, 464.05 feet along the said center line of State Highway 44/State
Street to a point on the westerly boundary of Government Lot 3;
thence North 00°42'30" East, 65.01 feet along the said westerly boundary to the REAL POINT
OF BEGINNING.
Said parcel contains a calculated area of 27.693 acres, more or less.
Saving and accepting all easements of record or in use.
Job No. 98.542
October 20, 1998
A:\WP51\Files\98-542AX.Leg
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BLOCK 2
PRELIMINARY PLAT OF
THE COLONY
CRAIG AND KRISTEN VAN ENGELEN
PART OF GOVERNMENT LOT 2 & 3,
OF SECTION 7, T. 4 N., R. 1 R., B.M.
ADA COUNTY, IDAHO
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BLOCK 5
REDWOOD CREEK SUBDIVISION
PLAT BOOK 64. PAGE 6445-6446
R-1 ZONING
REDWOOD CREEK SUBDIVISION NO. 2
PLAT BOOK 68, PAGE 7010
R-1 ZONING
The Valley News, P.O. Box , Meridian, Idaho 83680
Affidavit of Publication
STATE OF IDAHO
COUNTY OF ADA
Tim Frates
} ss.
Ordinance No. 342
TITLE OF PUBLICATION
City of Eagle
PLAINTIFF OR LEGAL AGENT
. 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 ending with the issue of April 7
19 99 A • ,� /
X �1
STATE OF IDAHO
COUNTY OF ADA
On this 1 day of May
Public, personally appeared
in the year of
Tim Frates
1999
April 7
before me, a Notary
. known or identified
to m�e�tQ,��� ��whose name subscribed to the within instrument, and
bei ' worn, declared that the statements therein are true, and
a nowje d. �i ha to/she executed
_ -
• ••' Residing at
My Commission expires
s�
Notary Public for Idaho
STATEMENT
Valley News
Meridian, Idaho
Number of Lines 92 Lines
Number of Insertions 1
92 Lines @ 1.50 $ 138.00
Lines @ 1.25 $
TOTAL COST
ORDINANCE NO. 342
AN ORDINANCE ANNEXING
CERTAIN REAL PROPERTY SITU-
ATED IN THE UNINCORPORATED /spa(
-,AREA OF ADA COUNTY, IDAHO, 21
ti}AND CONTIGUOUS TO THE COR-
PORATE LIMITS OF THE CITY OF Slav
EAGLE, TO THE CITY OF EAGLE,
IDAHO; ESTABLISHED THE ZON-
ING CLASSIFICATION OF SAID
REAL PROPERTY; DIRECTING
THAT COPIES OF THIS ORDI-
NANCE BE FILED AS PROVIDED
BY LAW; AND PROVIDING AN
EFFECTIVE DATE. ajdo�
WHEREAS, the City of Eagle,
Idaho is a municipal corporation orga-
nized and operating under the laws of poi
the State of Idaho and is authorized to
annex to and incorporate within the )j UO
boundaries of the City contiguous real m •
property in the manner provided by
Section 50-222, Idaho Code; and
WHEREAS, the owners of the real
property situated in the unincorporat-
ed area of Ada County and particular-
ly described in Section 2 of this ordi-
nance has requested, in writing,
annexation of said real property to the
City of Eagle; and
WHEREAS, the Planning and Zon-
ing Commission of the City, pursuant
to public. notice as required by law,
held a public hearing on December 7.
1998 as required by Section 67-6525,
Idaho Code, and recommended to the
Mayor and Council that the annexa-
tion and zoning request- of Craig and
Kristen Van Engelen be approved.
WHEREAS, the Eagle City Coun-
cil, pursuant to public notice as
required by law, held a public hearing
on February 9. 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 classi-
fication of R -I is appropriate to meet
therequirements of Idaho Code, Eagle
City Code and the Eagle Comprehen-
sive Plan and should be granted.
NOW, THEREFORE, BE 1T
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 contigu-
ous 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
siri,atMA in Ada CDUnI. Idaho, adia-
ATl1 I _d` qP
1•