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Ordinance - 2022 - 873 - Amberly Ranch Subdivision Annexation & Rezone - 05/10/2022 ADA COUNTY RECORDER Phil McGrane 2022-051326 BOISE IDAHO Pgs=9 ANGIE STEELE 05/31/2022 09:24 AM CITY OF EAGLE, IDAHO NO FEE ORDINANCE NO. 873 AST 11 I ORDINANCE AN-NE'XING C-1:'RTAIN REAL PROPERTY SITUATED INT THE UNINCORPORATEID AREA OF ADA COUNTY, IDAHO, AND CON.-TIGUOU'S TO THE CORPORATE LIMITS OF THE CITY OF EAGI...E, 'ICE '1'1-,[E CITY OF EAG1,1H, IDAHO; CHANGING ]'HE ZONFNG CLASSIFICATION OF SAID REAL PROPERTY DESCRIBED I-IFRI".IN FROM RUT (RURALfR1;.TRAI -URBANT TRANSITION) TO R-E-DA MHSIDENTIAL- ESTATES WITH A DEVELOPMENT AGREE'MENT), AMENDING THE' ZONING MAP OF THE CITY OF EACTLE, TO REFLECT SAID CHANGE; DIRECTING THAT COPIES OF' THIS ORDINANCE BE FILED AS PROVIDED BY LAW; PROVIDING A SEVERABILITY, CLAUSE. AND PROVIDING A.NTEI"Fl-(-.,'I'IVFf)Ar.i:,, WHEREIAS, the City of Eagle, Idaho is a municipal corporation organized and of rating under the laws of the State of Idaho and is authorized to annex to and incorporate Mthin the boundaries of the City contiguous real property in,the manner provided by Section 50-222, Idaho Code; and WHEREAS, Feng-Ling Wang, the owner of the real property situated in the unincorporated area of Ada County and particularly described and shown in Exhibit "A" of this ordinance, and Gerard Investments LLC, the owner of the real property situated in the unincorporated area of Ada County and particularly described and shown in Exhibit "B" of this ordinance, have requested, in writing, annexation of said real property to the City of Eagle; and WHEREAS, the owners of the real property situated within the City of Eagle and particularly described in Exhibit "A" and "B" of this ordinance have requested, in writing, a rezone from RUT to R-E-DA, and I WHE REAS, the property described and shown in Exhibit "A" is identified by the Ada County Assessor's Office as tax parcel Nos. S050612061 0 and S0506120 700, and the property described and shown in Exhibit "B" is identified by the Ada County Assessor's Office as tax parcel No. R368'000100- and WHEREIAS, the Planning and Zoning Cominission of the City, pursuant to public notice as required by law, held a public hearing on December 6. 2021, as required by Section 67-6525. Idaho Code, and made a recommendation to the flavor and Cow-kilo and Page I of nl:-Amb�'y Parch A RZ doc k` Ox"vDINANCE N . 873 .AN ORDINANCE ANNEXING CERTAIN REAL PROPERTY SITUATED IN THE UNINCORPORATED AREA OF AAA. COUNTY,, I AH , .AND CONTIGUOUS TO THE CORPORATE LIMITS OF THE CITY OF EAGLE, TO THE CITY OF EAGLE, IDAHO; CHANGING THE ZONING CLASSIFICATION N OF SAID REAL PROPERTY DESCRIBED (RESIDENTIAL- ESTATES WITH .A. DEVELOPMENT AGREEMENT); AMENDING THE ZONING MAP OF THE CITY OF EAGLE TO REFLECT SAID CHANGE; DIRECTING TING THAT COPIES OF THIS ORDINANCE E BE FILED .AS PROVIDED BY LA.W, PROVIDING A SEVERABILITY CLAUSE,, 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, Feng-ding Wang, the owner of the real property situated in the unincorporated area of Ada County and particularly described and shown in Exhibit "A" of this ordinance, and Gerard Investments LLC, the owner of the real property situated in the unincorporated area of .Ada County and particularly described and shown n Exhibit "B" of this Ordinance, have requested, in writing, annexation Of said real property to the City of Eagle; and WHEREAS,, the owners of the real property situated within the City of Eagle and particularly descried in Exhibit "A"" and "'B" of this ordinance have requested, in writing, a rezone from RUT to R-E-DA; and WHEREAS, the property described and shown in Exhibit "A" is identified by the Ada County .Assessor's Office as tax.parcel Nos. S050612061 0 and S0506120700, and the property described and shown in Exhibit " " is identified by the Ada County Assessor's Office as tax parcel No. R3 6 3 I C C and WHEREAS, the Planning and :honing Commission mission Of the City, pursuant to public notice as required by law, :field a public fearing on .December 6, 2021, as required by Section - 52 , Idaho Code, and made a recommendation to the Mayor and Council; and Pagel of K:\COI.NCIL\Draft Ordinances\4RI3 873 Arnberly Ranch A RZ.doc WHEREAS,, the Eagle City Council, pursuant to public notice as required by law, held a public hearing on February 8, 2022, on the proposed annexation and zoning for the real property described and shown in Exhibit "A" and Exhibit "B" 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 and shown in Exhibit "A" and Exhibit "B" 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 particularly described and shown in Exhibit"A" and Exhibit "B", 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 and shown in Exhibit "A" and 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 and shown in Exhibit "A" and 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-TEA (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 one 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 and shown in Exhibit '"A" and Exhibit "B" 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 provisions of this ordinance are hereby declared to be severable and if any provision of this act or the application of such provision to any person or circumstance is declared invalid for any reason, such declaration shall not affect the validity of remaining portions of this ordinance. Section 6*. 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 Page 2 of 3 K-TOUNCILDraft Ordinances\ORD 973 Arnberly Ranch A RZ.doc the real property annexed by this Ordinance. Section 7: This Ordinance shall take effect and be in force from and after its passage, approval, 111*and publication as required by law. In lieu of pu I wication of the entire ordinance, a summary thereof in compliance with Section 50-901 A, Idaho Code, may be published. DATED this I Oth day of May 2022. CITY COUNCIL OF THE CITY OF EAGLE Ada County, Idaho Jas ifierce, Mayor A EST.- 01,E Tracy E. Wo M-, Eagle City Ak j 4� % STATE OF IDAHO) S1 ss. County of Ada On this day of in the year 2022, before me, the undersigned, a Not Public in and for said Sthte, personally appeared JASON PIERCE, 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. CS Not'Vf Public A 4� 4r j40TA R Residing at: My Commission Expires.-- 4Pto tJBLXC 9 op 4 of Page 3 of 3 KACOUNCILDraft Ordinances\ORD 873 Amberly Ranch A RZ.doc Exhibit "A"' Annexation Description for 2793 N. Ballantyne Lane September 23, 2021 A portion of Government Lot 2 of Section 6, Township 4 North, Range 1 East, Boise Meridian, Ada County, Idaho more particularly described as follows: Commencing at the 1/4 corner common to Section 6, T4N., R.1 E., B.M. and Section 31, T.5N., R.1 E., B.M.from which the Section corner common to Sections 5 and 6, T4N., RA E., B.M., and Section 31 and 32, T.5N.j R. E., B.M., bears, North 89022'28" East, 2646.62 feet; thence on the north boundary line of said Section 6, North 89021'46" East, 645.88 feet to the REAL POINT OF BEGINNING; thence continuing on said north boundary line, North 89'21'46" East, 677.50 feet to the Northeast corner of said Government Lot 2; thence on the east boundary line of said Government Lot 2, South 01'45'30" East, 321-81 feet to the exterior boundary line of Hoffman Subdivision No. I as filed in Book 57 of Plats at Pages 5429 and 5430, records of Ada County, Idaho thence on said exterior boundary line the following two (2) courses and distances: South 89022'28" West, 677.50 feet; North 01 045'30"West, 321.67 feet to the REAL POINT OF BEGINNING. Containing 5.003 acres, more or less. End of Description. , ALA IS 0 cr 1,1779 Of: MCC Page I of I Ak IV LE: 1 -- 125 250 500 BASIS OF BEARING +••#.•••.• * N 8 9#/fir 21 2 "E ,�r s f.r ''�'a*+♦•••y•» T. 5N •r.•' •**.+•#••• W. BEACON LIGHT RAJ. •++ + •i•+;' 0", "''o,'11771/ ---�N T.4N. S. REAL POINT z OF BEGINNING T•4N. top 89 23 E ±5.003 ACRES 1323 24' f z . .....:... . S8 "22'28"W 677.501 F HOFFMA N z SUB NO. I z r- • ...NS (plift sit OF • c JOS . IDAHO ANNEXATION EXHIBIT FOR 21-266 9955 W.EMERALD ST. SHEET NO. SURVEY BOISE,VAHO 83704 2793 N, BALLANTYNE LANE (208)84"5.70 ' GROUPS LLC A PORTION OF GOVERNMENT LOT 2 OF SECTION 60 DWG. DATE T.4N., RAE., S.M., ADACOUNTY; IDAHO 3/2 21 n °21'46"e 677.5 677.5 AL Cr 79 0 O C 9/23/2021 Scale: 1 inch100 feet Filer... �.: N. �riw rw r Tract 1:5.0031 Acres 217937 Sq.Feet),Closure:nOfl.0 00e 0.00 ft. 1 5& 124,Perimeter=1998 ft. 1 n89.2 4 e 677.5 2 sOl.4530e 321.81 03 s89.2228w 677.5 Exhibit "B" Annexation Description for 2141 W. Beacon Light Road September 23, 2021 A portion of Government Lot 2 of Section 6, Township 4 North, Range 1 East, Boise Meridian, Ada County, Idaho more particularly described as follows: Commencing at the 1/4 corner common to Section 6, T4N-j R.I E., B.M. and Section 31, T.5N., R.1 E., B.M. from which the Section corner common to Sections 5 and 6, T4N., R.1 E., B.M., and Section 31 and 32, T.5N., RA E., B.M., bears, North 89022'28" East, 2646-62 feet, thence on the north boundary line of said Section 6, North 89021'46" East, 25-00 feet to Northwest corner of Hoffman Subdivision No. 1 as filed in Book 57 of Plats at Pages 5429 and 5430, records of Ada Count , Idaho and y the REAL POINT OF BEGINNING; thence continuing on said north boundary line coincident with the exterior boundary line of said Hoffman Subdivision No. 1, North 8902 1'46" East, 620.88 feet; thence leaving said north boundary and continuing on said exterior boundary line, South 01045'30" East, 321.67 feet; thence on the easterly boundary line of Lot 1, Block 1 of said Hoffman Subdivision No. 1 the following two (2) courses and distances: South 89022'28"West, 24-43 feet; South 01 045'30" East, 264.82 feet to the exterior boundary line of said Hoffman Subdivision No. 1; thence on said exterior boundary line the following four(4) courses and distances: South 8902228" West, 435.69 feet; North 0 1 045'30" West, 199.88 feet; South 89022'28" West, 160.75 feet; North 0 1 045'39" West, 386.49 feet to the REAL POINT OF BEGINNING. Containing 7.471 acres, more or less. End of Description. I GIs 11 9 Ck. of: Mc Page 1 of 1 C 125 250 500 BASIS OF BEARING �•*1 A T.5 . S. 1 4 • •''''A •2 A rt W. BEACON LIGHT RD. E , 1 A• `' A A. . 1 S.32 T. S. N214E 7 S. S. �� l REAL POINT T. N. z F BEGINNING Lp UN �.TIED 1323.24 m Tl`. -- CE r~ z a L2 m • n SUB NO. S 9 22 2 W 435. KENS NG TON MEAD O WS SUB LINE TABLE LINE BEARING LENGTH ENS L2 wS '22'2 "W 24.43 0- 0 17�79 00 0 o F cIDAHO ANNEXATION EXHIBIT FOR JCS NO. 2-266 9955 W.EMERALD ST. SHUT NO. SURVEY 80fSE,IDAHO 83704 2141 W. BEACON LIGHT ROAD GROUP, LLC A PORTION OF GOVERNMENT LOT 2 OF$f:CTl0N 6, DWG. DAM" R.E., .M., ADA COUNTY, IDAHO 9/23/2021 n89°21'46"e fit ,8 00 160.75 00 A *AOW OF • MCC 9/23/2021 ---------------- Scale: 1 inch= feet File: � � LIGHT � � 0" Tract`: .4710 Acres 54 5 Sq.Feet),Closure:s36.5902e 0.01 ft. 1/31 987),Perimeter=2415 ft. 02 sOl.4530e 321.67 3 s .2228w 24.4 04 sOl.4530e 264.82 5 s89.2228w 435.69 06 nOl.45 0w 199.8 07 s89.222w 160.75