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
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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
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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
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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
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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.--
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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.
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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
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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.
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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
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Scale: 1 inch= feet File: � � LIGHT � �
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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