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Ordinance - 2017 - 765 - Annex/Rezone Of Garrigan Estates Subdivision - 01/10/2017ADA COUNTY RECORDER Christopher D. Rich 2017-005733 BOISE IDAHO Pgs=6 VICTORIA BAILEY 01/19/2017 12:14 PM EA¢LE CITY NO FEE 11111111111111111111111111 III VIII III 1111111111III 1 III 00321712201700057330060055 ORDINANCE NO. 765 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 RR (RURAL RESIDENTIAL) TO R -E -DA (RESIDENTIAL -ESTATES 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 RR to R -E- DA; and WHEREAS, the property described in Exhibit "A" is identified by the Ada County Assessor's Office as tax parcel number R3046210221; and WHEREAS, the Planning and Zoning Commission of the City, pursuant to public notice as required by law, held a public hearing on November 16, 2015, 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 December 7, 2015, 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 R- E -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 KACOUNCIUDraft Ordinances\ORD #765 Garrigan Estates Sub.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 RR (Rural Residential) zoning classification and is hereby included in the R -E -DA (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 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 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 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 KACOUNCIDDraft Ordinances\ORD #765 Garrigan Estates Sub.doc DATED this 10th day of January 2017. CITY COUNCIL OF THE CITY OF EAGLE Ada County, Idaho , Stan Ridgeway, Mayor A" 'TEST: Sharon Be gmann, Eagle Ci Clerk STATE OF IDAHO) ss. '�O .•`'- EACtt� r�•NN•� 09 0 q'q GJ A Ttt` i► O ■♦ 7 u •TnE County of Ada ) On this I d day of J& , 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. v4M Notary Public Residing at:AA� z( N!N 4� My Commission Expires: L-4"zLv - �,o w Page 3 of 3 KACOUNCHMraft Ordinanees\ORD #765 Gamgan Estates Sub doe EXHIBIT "A" N DTP SURVEYING, LLC � g.i��z w-��s d n C'msn.com Professional Land Surveyor 1506 E. 11) 83616haska . S August 31, 2015 GARRIGAN ESTATES SUBDIVISION NO.2 ANNEXATION DESCRIPTION Portions of Lots 2, 4, and 5 of Garrigan Estates Subdivision, as same is recorded in Book 78 of Plats at Page 8320, records of Ada County, Idaho, and a portion of W. Homer Road, located in the SW1/4 of the SE1/4 of Section 26, T. 5N.,R.1W., B.M., City of Eagle, Ada County, Idaho, more particularly described as follows: Commencing at the Southeast corner of said Section 26, from which the South corner of said Section bears North 88055'11" West, 2642.59 feet; Thence North 88055'11" West, 2282.84 feet the REAL POINT OF BEGINNING. Thence South 00"32'58" West, 5.56 feet to the apparent centerline of W. Homer Road; Thence along the center of W. Homer road North 89"32'43" West, 279.86 feet; Thence North 00°31'52" East and along the exterior boundary of said Garrigan Estates Subdivision a distance of 216.54 feet; Thence North 88°55'13" West, 80.12 feet; Thence North 00°29'48" East, 1106.26 feet; Thence South 88°53'17" East, 343.24 feet; Thence departing said exterior boundary South 00"31'04" West, 201.55 feet; Thence South 86°26'54" East, 212.59 feet to the most Southerly corner of Said Lot 5; Thence North 00°36'16" East, 210.59 feet to a point on the North line of said Garrigan Estates Subdivision; Thence South 88°53'17" East, 123.30 feet to the Northeast corner of said Garrigan Estates Subdivision; Thence along the East line of said Subdivision South 00°32'43" West, 823.45 feet to Point "A"; Thence continuing South 00032'43" West, 340.91 feet to the Northeast corner of Lot 1 of said Garrigan Estates Subdivision; Thence North 88°55'11" West, 318.16 feet to the Northwest corner of said Lot 1; Thence South 00"32'58" West, 149.44 feet to the Point of Beginning. EXCEPTING THEREFROM: Commencing at Point "A" above described; Thence North 89°10'56" West, 34.37 feet to the Southeast corner of Adjusted Lot 4 as shown on Record of Survey No. 7538, Ada County records, said point being the Real Point of Beginning. Thence around adjusted Lots 3 and 4 as shown on said Record of Survey the following courses and distances: North 89010'56" West, 180.79 feet; South 00°31'51" West 97.15 feet; South 47°5631" West, 163.47 feet; Thence 29.39 feet along the arc of a non -tangent curve to the left, having a radius of 80.00 feet, a central angle of 21"02'57", and a long chord bearing North 48"23'33" West, 29.23 feet; Thence 224.64 feet along the arc of a non -tangent curve to the right, having a radius of 400.00 feet, a central angle of 32°10'37", and a long chord bearing North 42949'51" West, 221.70 feet; North 68°10'01" East, 194.31 feet; North 10023'15" West, 58.35 feet; North 54026'49" East, 69.02 feet; North 85°32'01" East, 252.34 feet; South 00'40'16" West, 167.36 feet to the Point of Beginning. Containing a net area of 16.00 acres, more or less. EXHIBIT "B" CURVE TABLE CURVE RADIUS LLENGTH CHORD BRG CHORD DELTA C1 80.00' 1 29.39' N 48'23'33" W 1 29.23 21'02'57" C2 400.00' 224.64' N 42'49'51" W 1 221.70' 3210'37" IN rT)p suRwym, LLc Professional Land Surveyor LINE TABLE LINE BEARING S 88'53'f7' E 34324' S88'S3'7� ---i---3333-- � tzaao 1 L1 N 88'55'13" W 80.12' q Id NA 5.56' 1 1 t tl ♦ L4 N 10'23'15" W 58.35' L5 N 54'26'49" E 1 � I = N� S 8628 54' E 272. 1 1 1 1 —i NET AREA: 16.00 ACRES i 25 100 400 WI ; 0 50 200 SCALE: 1 " = 200' g� 1� N §113,e _E3333—� I8 1 Qm 1 780.79' �. POINT "A" pp{ ` AGF' N89'10'S6'W 215.76' a_ 4 4 31 °• gl 9T41 O OF FR RY H g 1 3433_ 26 1/4 BEAT POINT � BEGINNING 28 25 ---_ - -- - ----- ..'- ---__----__ — 2282.84' .:..................... N 89'32'43' W 279.86 < ............... W. HONER ROAD N WWII, W 264259'"""""" BASIS OF BEARING CURVE TABLE CURVE RADIUS LLENGTH CHORD BRG CHORD DELTA C1 80.00' 1 29.39' N 48'23'33" W 1 29.23 21'02'57" C2 400.00' 224.64' N 42'49'51" W 1 221.70' 3210'37" IN rT)p suRwym, LLc Professional Land Surveyor LINE TABLE LINE BEARING LENGTH L1 N 88'55'13" W 80.12' L2 S 00'32'58" W 5.56' L3 S 00'31'51" W 97.15' L4 N 10'23'15" W 58.35' L5 N 54'26'49" E 69.02' CITY OF EAGLE ANNEXATION EXHIBIT PORTIONS. OF LOTS 2, 4 & 5, BLOCK 1, GARRIGAN JOB NO. 00-000 208.860.3442 ESTATES SUBDIVISION AND A SHEET NO dtpcugb@msn.com PORTION OF W. HOMER R0. LOCATED 1 1506 E. Pe,ID83 6 IN THE SW 1/4 OF THE SE 1/4 OF FAgSECTION 26, T.5N., RAW.. B.M., CITY WG. DATI OF EAGLE, ADA COUNTY, IDAHO 9-01-15 Idafio Statesman Th. N.-TD•p.• al tA■ Tf1.1.- Y.ILT IDANGSTATtS MAN-CuM PO Box 40, Boise, ID 83707-0040 LEGAL PROOF OF PUBLICATION File: RECEIVED & FiLtU CITY OF EAGLE JAN 18 20V Account # Ad Number I Identfffcation I PO 263905 0002877225 1 LEGAL NOTICE ORDINANCE NO. 765 AN OR[ I Ord 765 1 $326.80 3 1 130 Attention: TRACEY OSBORN CITY OF EAGLE / LEGALS 660 CIVIC LANE EAGLE, ID 83616 LEGAL NOTICE ORDINANCE NO. 765 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 con- tiguous real property in the manner provided by Section 50.222, Idaho Code; and VGHEREAS, the owmer of the real property situated in the unincorporated area of Ada County and partic ularly described in Exh bit'A" of this ordinance has requested, in writing, annexation of said real proper 1v to the City of Eagle; and WHEREAS. the owner of the real property situated within the City of Eagle and particufarly described in Exhibit "A' of this ordinance has requested in writing, a rezone from RR to R £ QA and WHEREAS, the _propeAy described in Exhibit °A" is identified by the Ada County Assessor's Office as tax _WHEREAS, the f banning -and 2onmg Commission of the City, pursuant to public notice as required by taw, held a public hearing on November 16, 2015, as required by Section 67-6525, Idaho Code, and made a recommendation to the Mayor and Council; and WHEREAS, the Ea�Ie City Counc. , pursuant to public notice as required by law, held a public hearing on December 15, 2015, 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 an- nexation should be granted and that a zoning classification of R-EQA for the property described in Extub• d 'K is appropriate to meet the requirements of Idaho Code, Eagle City Code and the Eagle Compre- hensive Plan and should be granted. NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE CITY OF EAGLE, IDAHO, as follows: Section I: The Eagle City Council hereby finds and declares that the real property particularly descri- bed in Exhibit 'W attached hereto and incorporated herein by reference, is contigguous to the City that said property can be reasonably assumed to be used for the orderly development of the City, ana that the owner of said property has requested, n writing, annexation thereof to the City. Section 2: The real property, all situated in Ada County, Idaho, adjacent and contiguous to the City, parbcularly described in Exhibit A" and as generally shown on Exhibit `B", attached here to and included herein by reference. is herebv annexed to the incorporated territorial limits of the City of Eagle, Idaho, hereby removedlom the RR (Rural Residential) zoning classification and is hereby included in the RE -DA (Residential -Estates with a developpment agre?ment) zoamg classification all pursuant to the Zoning Ordi- nance of the City of Eagle. The Clty Council further finds and determines that said zone change is in ac- cordance 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 R -E -DA zoning district - Section 4. From and afber the effective date of this Ordinance, all property and personswitfan the boundaries and territory descr.bed above shall be subject to all ordinances, resolutions, police regula- tions, taxation, and other powers of the City of Eagle. Section 5: The C' Clerk is herebyy directed to file within ten (10) days of passage and approva� of this Ordinance, a certified copy of then Ordmance with tete 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. Secton 6: This Ordnance shall take effect and be in force from and after its passage, approval, and publication as required by taw. In lieu of publication of the entire ordnance, a summary thereof in coin plrance with Section 50-901A, Idaho Cade, may be published. Eagle City Clerk EXHIBIT "A" GARRIGAN ESTATES SUBDIVISION NO. 2 A resubdivision of portions of Lots 2, 4, and 5 of Garrigan Estates Subdrwsion located in the SW114 of the SEI/4 of Section 26, T. 5N.,RAW., B.M., City of Eagle. Ada County, Idaho, as same is recorded in Book 78 of Plats at Page 8320, records of Ada Coun Idaho, more parbculary described as follows: Commencing at the Southeast corner of said Section 5, from which the South '/L corner of said Sec- tion bears North 88"55'11" West, 2642.59 feet Thence North 88'55'11" West, 2562.57 feet to the Southwest tamer of said Garrigan Estates Sutuiivislon; Thence North 00°05'46" West, 12.62 feet to the Southwest comer of said Lot 2 and the REAL POINT OF BEGINNING. Thence along the exterior boundary of said Garrigan Estates Subdivision North 00"31'52" East, 195.31 feet, Thence North 88°5513" West, 80.12 feet; Thence North 00'29'48 East, 1106.26 feet; Thence South 88'53'17" East, 343.24 feet; Thence departing said exterior boundarySouth 00°31'04" West 201.55 feet; Thence South 86'25'54" East, 212,59 feet to the most Southerly corner of Said Lot 5; , being duly swom, deposes and says: That she is the Principal Clerk of The Idaho Statesman, a daily newspaper printed and published at Boise, Ada County, State of Idaho, and having a general circulation therein, and which said newspaper has been continuously and uninterruptedly published in said County during a period of twelve consecutive months prior to the first publication of the notice, a copy of which is attached hereto: that said notice was published in The Idaho Statesman, in conformity with Section 60-108, Idaho Code, as amended, for. 1 Insertions Beginning issue of: 01/16/2017 Ending issue of. 01/16/2017 (�_,a ��a,,L 44 )Jmh (e iris Cleric) STATE OF IDAHO) .SS COUNTY OF ADA) On this 16th day of January in the year of 2017 before me, a Notary Public, personally appeared before me known or identified to me to be the person whose name subscribed to the within instrument, and being by first duly swom, dedared that the statements therein are true, and acknowledged to me that she executed the same. Notary Public FOR Idaho Residing at: Boise, Idaho • TpuT1111#% f a M� "S&Vires: k E.�� • O�PRY LQ • • O: PUB�'�.•' ••.• �i'•.....••'• 1� �•` .••••�TgTE TO��O�,,• Thrince North 00'36'16" East, 210.59 feet to a point an the North line of said Garrigan Estates Subdivl• 57101'hence South 88°53'17" East, 123.30 feel to the Northeast corner of said Garrigan Estates Subdivi- of said Subdivision South 00'3243" West. 823.45 feet to Point A'; 00"32'43' West. 340.91 feet to the Northeast corner of Lot 1 of said 318.16 feet to the NorfMvest comer of said Lot 1; 144.69 feet to the Southwest comer of said Lot 1; 280.06 feet to the Point of Beginning_ at Point "A" above described- Thence North 89'10'56" West, 34.37 feet to the Southeast sted Lot 4 as shown on Record of Survey No. 7538, Ada County records said point being at Beginning, Thence around adjusted Lots 3 and 4 as shown on said hecord of Survey I a non -tangent curve to the left, having a raius of 80.00 feet a cen- chord bearing North 48°23'33• West, 29.29 feet; of a non -tangent curve to the right, having a rarhus of 400.00 feet, a mg chord bearing North 42"49151" West, 221.70 feet, ld'161 West. 167.36 feet to the Point of Beginning. a net area of 15.90 acres, more or less. NOTE: "Exhibit B may be reviewed dunrng regular business hours at Eagle City Hell 660 E. Civic Ln. Eagle, Idaho. Pub. Jan. 16, 2017 0002877225-01 �Mo "M �- "M5 -•--z s -,, I ri~i4limian HiEx`6 irai auin dwrale�ii•yYAN.CQY PO Bt>tlf 40, 8p6se, ID Vi6i4X 40 LEGAL PROOF OF PUBLICA File: RECEIVE & FILED CITY OF EAGLE JAN 2 4 2017 Amount # Ad Number Identification PO Amount I Cols Lines 263905 0002877225 LEGAL NOTICE ORDINANCE NO. 765 AN OR[ Ord 765 $326.80 3 1 130 Attention: TRACEY OSBORN CITY OF EAGLE / LEGALS 660 CIVIC LANE EAGLE, ID 83616 :tiilRRl tii8l�l!lBSsSUBDiYFS90P1 NQr i Lot 5: JANICE HILDRETH, being duly swom, deposes and says: That she is the Principal Clerk of The Idaho Statesman, a daily newspaper printed and published at Boise, Ada County, State of Idaho, and having a general circulation therein, and which said newspaper has been continuously and uninterruptedly published in said County during a period of twelve consecutive months prior to the first publication of the notice, a copy of which is attached hereto: that said notice was published in The Idaho Statesman, in conformity with Section 60-108, Idaho Code, as amended, for: 1 Insertions Beginning issue of: 01/16/2017 Ending issue of: 01/16/2017 �d� Ayjka�a (Legals Clerk) STATE OF IDAHO) .SS COUNTY OF ADA) On this 1 gth day of January in the year of 2017 before me, a Notary Public, personally appeared before me Janice Hildreth known or identified to me to be the person whose name subscribed to the within instrument, and being by first duly sworn, declared that the statements therein are true, and acknowledged to me that she cuted the same. No Public FOR Idaho �, /ells//// � �•.� �O i,,, Residing at: Boise, Idaho � ••• Commission expires: 6� 7 Y 2 2.6 rpwamr '. pUB Ll •• cif'. • • •PCO •,,91E OF 881881111111161 � ••`• I]at n Ao" 'i � f ip rit.a tie : i:Ri)a of x d. ear s tes'S ►dh�F 60(m WTu " East, Ua= w m .Rid Jtloit wo" .Ciow of yah liaraw des 1Nr� gongl* LPA li*af 3oYd'&Aui a7}RLila.4,} m ■ SIpII.. A/7'• ii�ulr�� . Secy. QQ°i 1Y@ .. 92 ixHllet df LUt. U4 :S C�!'118r' a eaed Lot t: �a�t dna: 10 ft Oid I ICY1+6' Wost,1 f)7 feet 6a to Point of "ir lg. a nar ansa at 15.90aaes, more or few ND klaha7: "EAM 0 may be ritvj(rvred during fop* bWraAs htKn at EaSk Ci y.", 560 E. Q* t r. E*&, Rib. laM 1ti, 2017 IDAI-lO State Tax Commission April 28, 2017 Sharon Bergmann Eagle City Clerk P O Box 1520 Eagle, ID 83616 Subject: Ordinance No. ord._765 EAGLE (CITY) Dear Ms. Bergmann: RECEIVED & FILED CITY OF EAGLE MAY 0 3 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 2018. 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 httn://tax.idaho.2ov/i-1069.cfm. Sincerely, Geographic Information Systems Division Technical Support Bureau Idaho State Tax Commission Phone (208) 334-7750 Email taxgis@ics.idaho.gov CC: Robert McQuade, Ada County Assessor Christopher Rich, Ada County Clerk Jerott Rudd, Tax Property Bureau Chief Gary Houde, Senior Research Analyst re \II Equal Opportunity Employer • tax.idaho.gov • Hearing Impaired 700 (800) 377-3529 EXISTING LEGAL CHANGES To TCA Map Change From TCA 1 0050072 Enlarge 2720000 Page 1 of 1 Affected Map I Location Eagle Sec.26 T5N R1W B.M. 4/28/2017 272 Fanners (lase Gnel 339 rdinance: ord._765 1/10/2017 272 Area of Inter+ 05-89 0541 Anx016 4/4/2017 From: 2720000 To:0050072 es•a 272 336 1:3,000 0 100 200 300 400 500 600 700 Feet Legend Parcel Line 7City nDistrict Change n Tax Code Area Cmdwm Sywaa: NM 1913 SWSWIme Idaho Wel PIS 1103 Fed hgechoo. T0193,99191910tralor Damn NaAAme'.a 1913 0199991MmMm.-1157990 Umo. Panus Ada County Eagle (City) 272 sa RO 4N IW E:AULf. 0542 Th 1:24,000 0.5 1 Miles GIS Staff Technical Support Bureau (208) 334-7750 This map Is only a representation of the tax code arca boundanes and should not be uscd for legal or surveying applications • 05-4 .x- 05.9