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Ordinance - 1998 - 329 - Change Zoning Cbd/Amend Zoning Map Of City - 08/11/1998ORDINANCE NO. 329 AN ORDINANCE CHANGING THE ZONING CLASSIFICATION OF THE REAL PROPERTY DESCRIBED HEREIN FROM R-4 (RESIDENTIAL) CLASSIFICATION TO CBD (CENTRAL BUSINESS DISTRICT); 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 R-4 (Residential) 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 R-4 (Residential) classification to CBD (Central Business District) classification is 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 R-4 (Residential) zoning classification and included in the CBD (Central Business District) 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. Section 2: The described real property generally as shown on Exhibit "A" and specifically described in the attached legal descriptions (Exhibits "B" and "C") by Roylance and Associates P.A. dated June 17, 1998, and July 2, 1998 all situated in the City of Eagle, Ada County, Idaho, is hereby removed from the R-4 (Residential) classification and is included in the CBD (Central Business District) 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 H:\COUNCIL\Ordinances\Ordinance 329 draft.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 11th day of August, 1998. CITY OF EAGLE ADA COUNTY, IDAHO Rick Yzag Mayor ATTEST: rA Sharon . Smith, City Clerk/Treasurer 40446.0.177Z,N, v e �roAa �• '� as, ✓ �,� 1 a *! �••� It SEAL ,a - .4,,, i...., 4 % AP,6..pz,L,...,7 ....,, .... 1i•4+off• lc3 `tba Page 2 of 2 H.\COUNCIL\Ordinances\Ordinance 329 draft.doc 01:53 208345 '9 I , tr. 1:::11 I 'c_� 1_' p1 W SME --- -----1 r - ;�-. 1 1 i PAGE 02 AMR 11.1 R elm I ; It ----------------------------- 1 TAn R.le SEC.08 lot22.19,8 q r1�A 06/19/98 FRI 16:14 FAX 208 424 2626 66/17/1999 14:29 12889392E Roylance & Associates P.A. l 10111.2624 Fat rte) s� U . IMO ea■i. Duda W, Eizefo, Idaho mine it pwna ManIHsto rt "Bt JA KATHRYN ALBERTSON FDN ROYLANCE Engineers • la 002 rAki= u c June 17, 1998 Project No. 1373 $athle a Elliott LeSolDelicOPtica Lot 30, BJH 1. Krupa Cove Subdivision Eagle, Ididus Atom of land being Lot 30, Block 1 of XeErd Cava Subdivision (a recorded subdue on file to Book 66 of Plata at Pages 6803. 6804 and 6805, records of Ads Co>n thy, Nebo). said subdivision being wed in the Sam 114 of Section 8 and the Northeast 1/4 of Section 17, Township 4 Nott. RAW 1 But Boise 3daidian, City of a, Ada County. Idaho, more particularly described u follows: monumentinS the Corner of said Section 8, CotomattwtB at a brass cap 1/4 of Section 8 North 01°-03'-33" East a theme along the easterly line a�'said� Nort1+� Comer of said _ dist 0'2636.65 fiadt to a bran asp mosumeming Southeast 1/4 of Secy a t� South 016-03%33" 6 27�" � 1809.45 feet to � PS nstl. thence leaving said ° k° Nottb point of beginningof said lid Cove Sub&w'sion. thence North 88°-56'-27" West a distance of 170.00 Beet to a ftemd steel p1° monotoeseingthe Southeast Corner of said Lot 30 and the POINT OP BEGINNING. Thence North 88°-56'-00" West a distance usonumenting thid t 3x50 feat to a *Auld steel pin e Southwest Thome North 00°.14'-15" West a &stance of 106.64 fist to a fid steel pin teosenenting the Northwest Corner of said Lot 30; Thence South 11116-56'410"East a diatom of 157.91 tint to s found steel pin mom the Nom Corner of said Lot 30; Thence South 0i"-039,33" West a distance of 106.61 feet to *found steel *being the POINT OF BECINNING. ibe above demised tract of lend is subject to all a tit'Bollematits and -ofway- Prepared by Mm 37311-ao6 RoYlance and Associates, P.A. 391 W. Stetc Street, She Eagle, Idaho 23616 (208) 939.2224 (208) 939-2855 FAX July 2, 1998 Project No. 1373 Kathleen Elliott Legal Description A tract of land being a portion of Lot 31, Block 1 of Kestrel Cove Subdivision (a recorded subdivision on file in Book 66 of Plats at Pages 6803, 6804 and 6805, records of Ada County, Idaho), said subdivision being situated in the Southeast 1/4 of Section 8 and the Northeast 1/4 of Section 17, Township 4 North, Range 1 East, Boise Meridian, City of Eagle, Ada County, Idaho, more particularly described as follows: Commencing at a found brass cap monumenting the Southeast Comer of said Section 8, thence along the easterly line of said Southeast 1/4 of Section 8 North 01°-03'-33" East a distance of 2636.65 feet to a found brass cap monumenting the Northeast Comer of said Southeast 1/4 of Section 8, thence South 01°-03'-33" West a distance of 1809.45 feet to a found PK nail, thence leaving said easterly line North 88°-56'-27" West a distance of 360.00 feet to the point of beginning of said Kestrel Cove Subdivision, thence North 88°-56'-27" West a distance of 170.00 feet to a found steel pin monumenting the Southeast Comer of Lot 30 of said Kestrel Cove Subdivision, thence North 01°-03'-33" East a distance of 106.61 feet to a found steel pin monumenting the Northeast Corner of said Lot 30 and the POINT OF BEGINNING. Thence North 88°-56'-00" West a distance of 157.91 feet to a found steel pin monumenting the Southwest Corner of said Lot 31; Thence North 00°-14'-15" West a distance of 140.79 feet to a found steel pin; Thence northeasterly 30.81 feet along the arc of a circular curve to the right, said curve having a radius of 20.00 feet, a central angle of 88°-15'-24", a chord bearing of North 43°-53'-27" East and a chord distance of 27.85 feet to a found steel pin; Thence North 88°-01'-09" East a distance of 131.15 feet to a found steel pin monumenting the Northeast Corner of Lot 31; Thence South 01°-03'-33" West a distance of 113.39 feet to a found steel pin; Thence South 88°-56'-27" East a distance of 11.20 feet to a found steel pin; Thence South O1°-03'-33" West a distance of 54.76 feet to the POINT OF BEGINNING, EXCLUDING the portion of said Lot 31 currently zoned CBD in the City of Eagle. The above described tract of land is subject to all existing easements and rights-of-way. Prepared by: z:\wordtext2\wordtext\1373\lega1.807 Roylance and Associates, P.A. 391 W. State Street, Suite E Eagle, Idaho 83616 (208) 939-2824 (208) 939-2855 FAX Mayor: Rick Yzaguirre August 13, 1998 The Valley News P.O. Box 299 Meridian, Idaho 83642 CITY OF EAGLE P.O. Box 477 Eagle, Idaho 83616 (208) 939-6813 (208) 939-6827 Fax SENT BY FAX (208) 888-1097 AND MAIL Dear Patti, Enclosed please find a copy of Ordinance 329, a rezone from R-4 to CBD. Council: Stanley J. Bastian Steve Guerber Nancy Merrill Lynne Sedlacek Please publish the full text of this notice one time only. Please send an affidavit of publication (e.g. notarized proof of publication) upon completion of this requested publication. As always, if you have any questions regarding this request, please contact me at Eagle City Hall, 939-6813. Sincerely, Tracy E. Gsborn Admin. Clerk teo:bms Enclosure: Ordinance 329 H:\COUNCIL\LETTERS\W ESTADA. WPD