Loading...
Ordinance - 1976 - 30 - Annexation Of Several Properties - 12/23/19767701828 ORDINANCE NO. 10 AN 0".D I NANCE ANNEXING CERTAIN REAL PROPERTY WHICH IS DESCRIBED AS FOLLOWS: THE CITY OF EAGLE - WEST ANNEXATION DESCRIPTION A PORTION OF THE E ` SECTION 7 A PORTION OF SECTION 8, DOWNING DOWNS SUBDIVISION, DOWNING DOWNS SUBDIVISION NO. 2, DOWNING DOWNS SUBDIVISION NO. 3 AND BAKER'S ACRES SUBDIVISION ALL IN T.4N., R.IE., B. M., ADA COUNTY, IDAHO, AND TIIE CITY OF EAGLE - EAST ANNEXATION DESCRIPTION: THE N2 NW 1r PORTIONS OF TIIE E z ALL IN SECTION 9, NE a NE i, SECTION 16 AND SW *, SECTION 10 ALL IN T.Q.N., !;.1E., B. M., ADA COUNTY, IDAHO AND TIIE CITY OF EAGLE - VAN DUSEN ANNEXATION: NW4NW4/CIT R/X EXC: TAX 11/15 FT S/ADJ EXC; TAX 12/20 FT S/ADJ/ SEC 16 4N IE ADA COUNTY, IDAHO WHEREAS, the City Council and the Mayor of the City of Eagle have concluded that it is in the best interests of said City to annex to said City certain real property which is described as follows: EAGLE EAST ANNEXATION The N of the NW of Section 9, T.4N., R. IE., B. M., Ada County Idaho lying Southerly from the centerline of Floating Feather Road and Easterly From ;the centerline of Eagle Road; ALSO: A portion of the E 2 of Section 9, T.4N., R.iE., B. M., Ada County Idaho, lying Southerly from the centerline of Floating Feather ^oad Westerly from the centerline of Edgewood Lane and Northeasterly from the centerline of State Highway No. 44; ALSO: A portion of the NE of the NE * of Section 16, T.4N., ".IE. P. M. Ada County Idaho, lying Northeasterly from ;the centerline of State Highway No. 44 and Westerly from the centerline of Edgewood Lane; 1ND ALSO: •\ portion of the S''! j of Section 10 T.4N., R.iE. R. M. Ada County Idaho lying Westerly from the centerline of Edrewood Lone. EXCLUDING: Parcel 1000 of NW ti NE h Section 9, T.4N., R. 1E. AND Property known as Eagle Hills Golf Course under the sole ownership of lIARVED, INC. VAN DIISEN ANNEXATION NW4NW4/cit r/X exc; tax 1 1 / 15 ft s/adj exc; tax 12/20 ft s/adj/ sec 16 4N 1E., Ada County, Idaho. EAGLE ?FEST ANNEXATION Beginning at the Section Corner common to Sections 5, 4. 8, and 9, T.4N., R.IE., B. M. Ada County Idaho; thence South 89 38'43" West 1,331.33 feet along the Northerly boundary of the said Section 8 which is also the centerline of Floating Feather Road, to a point, also said point being the REAL POINT OF BEGINNING: thence South 0 16'33" West 657.30 feet to a point on the Easterly boundary of the said Section 8, which is also the centerline of Floating Feather Road. to a point, also said point being the REAL POINT OF BEGINNING: thence South 18 50'43" West 1 399.72 Feet along the said Easterly boundary of the said Downing Downs Subdivision to the Southeast corner of the said Downing Downs Subdivision; thence South 89 37'43" West 101.20 feet along the Southerly boundary of the said Downing Downs Subdivision to a point; thencc South 0 06'20" West 655.62 feet to a point on the Southerly boundary of the N z of the said Section 8 said point bears South 89 40'40" West 1 899.52 feet fron the corner of the said Section 8: thence South 89 40'40" West 770.38 feet along the said Southerly boundary of the N z of Section 8 to a point marking the Northeast corner of the SW * of said section 8; thence South 0 19'43" West 664.48 feet to the Northeast corner oF Twilight Strip Subdivision as filed for record in the office of the Ada County Recorder Boise Idaho; thence South 89 29'09"West 792.00 feet along the Northerly boundary of the said Twilight Strip Subdivision to a point: thence South o 23'07" East 666.44 feet to a point on the centerline of State Highway No. 44; thence Westerly along the said centerline of State Highway No. 44 to a point marking the centerline of Ballantine Lane; thence Northerly along the said centerline of Ballantine Lane to a point on the Northerly boundary of Section 7; thence Easterly along the Northerly boundary of said Section 7 which is also the centerline of Floating Feather Roadto a point marking the Northwest corner of the sai.d Section 8; thence Easterly along the Northerly boundary oF said Section 8 to the point of beginning. EXCLHD ING: Parcel 5178 of NE a SW * Section 8 4 N 1 E. and Parcel 5100 of N 2 of SW a and of S 2 of SE * in NW a Section 8 A N 1 E. Section 1. That the aforementioned real property which was described and the same is hereby accepted, as a part of the City of Eagle. Ada County Idaho. Section 2. That the City Clerk shall cause one (1) copy of the legal description and map which shall plainly and clearly designate the boundaries as altered, to be filed with the Ada County Recorder. Ada County Assessor, and; the State Tax Commission within 10 days following the effective day of this Ordinance. Section 3. This Ordinance shall be in full force and effect from and after its passage, approval and publication as required by law. Passed by the City Council and approved by the Mayor of the City of Eagle Ada County, Idaho this .2 3 =1-4-. day of , 1976. -!ST: 41) /"lL i,- ,,./i.r. �R City Clerk STATE OF IDAHO. COUNTY OF ADA. ss../7„," Filed for "record at the request of /` y . Min past/Lo'clock__td. this ay of 191 CLARENCE A. PLANTING. Record g .A \1 x..� neputy �7 Oa OI4Di ANCE NO.st-6 AN ORDINANCE30 ANNEXING ERBEPSPLWSI DSCIDAFOLOT ▪ CITY OF EAGLE — WEST ANN - ATION DESCRIPTION A PORTI OF THE SECTISECTIONON DpOpWNIN DOWNS SUBDIVISION, DOWNING DOWNS S DIVISION ► O. 2 DOWNING Ngg SUBDIVIION NO. 3 AND KER'S ACRES SUB- DIVISION A IN T. 4N., R.1E., B. M., ADA CO NTY, IDAHO, AND THE CITY OF EAGLE — EAST AN- NEXATION DESCRIPTION: THE • NI/2 NW 4, PORTIONS OF THE E 1/2 ' SECTION SECTION1N9, NE, ISECTIOIN 10 ALL IN T. 4N., R.1E., B. M., ADA COUNTY, IDAHO AND THE CITY OF EAGLE — VAN DUSEN ANNEX- ATIIONI:� NW4NW4/C1T R/X EXC; 12/20 FT S/ADJ/S SEC 16 4N 1� ADA COUNTY, IDAHO WHEREAS, the City Council and the Mayor of the City of Eagle hove con- cluded that It is in the best Interests of said City to annex to Valid Ci certain real property which is described as fol- lows: EAGLE EAST ANNEXATION The N 1/2 of the NW °I/4 of Section 9, T.4N., R 1E., B. M., Ada ,County Idaho lying Southerly from the centerline of Floating Feather Root, and Easterly from the centerline cit •E Ie Road; ALSO: A portion of the E 1/2 of Section 9, 1T.4N.,, R.1E.B. M., Ado County Idaho, Y Floating Feather theesterly/ from the centerline of Eagewood Lane and Northeasterly from the centerline of State Highway No. 44; ALSO: A portion of the NE 1/4 of the NE 1/4 of Section 16, T.4N., FUER. B. M'. Ada County, Me centerline lying.1 State Highway from; No. 44 dnd Westerly from the center- line of Edgewood Lane; AND ALSO: • A portion of the SW '/4 of Section 10, T.4N., R.1E. B. M. Ada County Idaho lying Westerly11from the centerline of e Parcel 1000 of NW 14, Section 9, T.4N., R. 1E. . AN known as Eagle Hills Golf Course under the sole ownership of D1SVAN INC. NNEXATION NW4NW4icit r/X exc; tax 11/15 ft wadi exc; tax 12/20 ft s/adli sec 16 4N EAGLE WEST "4NNE ATION 1 Beginning at a Section Corner y;, common to Sectl s 5, 4, 8, anll 9, 1; T.4N., R.1E., B. M. Ada County, Ido- ho; ' thence South 89 38'43" West031.33 feet along the Northerly boundary of the said Section 8, which is also the centerline of Floating Feather Road, to a point also sold point being the REAL POINT BEGINNING: thence South 0 16'33" West 657.30 feet to a point on the Easterly boundary of the said Section 8, which Is also the centerline of FloatingFeather Road, to POINT OF BEGINNING ng the REAL thence Soul?) 18 50'43" West 1 399 72 feet alongthe said Easterly bounoary of the sad Downing Downs Subdlvi- Doion to the Southeast corner of the said wning Downs Subdivision; thence South 89 3743" West 101.20 feet along the Southerly boundary of the f-- 4d terw'riny ...towns 4Ubdlvision to a point; thence South 0 06'20" West 655.62 feet to a point on the Southerly boundary of the N 1/2 of the said Section 8, said point bears South 89 40'40" West 1 899.52 feet from the EI/4 corner of the said Section 8; thence South 89 40'40" West 770.38 feet along the said Southerly boundary of the N 1/2 of Settlon 8 to a point marking the Northeast corner of the SW 1/4 of said section 8; thence South 0 19'43" West 664,4 feet to the Northeast corner of Twilight Strip- ubdivl ion as filed for record in STATE OF IDAHO) COUNTY OF ADA ) ss. deposes and says: That s e is of The Idaho Statesman, a dail' and published at Boise, Ada Coy and having a general circulatil said newspaper has been continr rupted]y published in said Cow of twelve consecutive months p publication of the notice, a c attached hereto; that said not in the regular edition of The thence South 89 29'09" West 792.00 feet along the Northerly boundary of the said Twilight Strip Subdivision to a point; thence South 0 23'07" East 666.44 feet to a point on the centerline of State High- way 140. 44; thence Westerly along the said center- line of State Highway No. 44 to a point marking the centerline of Ballantine Lane; thence Northerly along the said center- line of Ballontlne Lane to a point on the Northerly boundary of Section 7; thence Easterly alo�nr1g� the Northerly boundary of said Section 7 which Is also the centerline of Floating Feather Rood to a point marking the Northwest corner of the said Section 8; thence Easterly along the Northerly ooureagor yi� fgg sold Section 8 to the point EttXbbCLU DI NG: Parcel 5178 of NE 1/4 SW 1/4 Section 8 4 N 1 E. and Parcel 5300 of N 1/2 of SW 14 and ofSl/2 of SE 14 in NW V4 Section 8 4 N 1 E. Section 1. That the aforementioned real property which was described and the some is hereby accepted, as a part of the City of Eagle, Ada County, Ida- ho.Section 2. That the City Clerk shall cause one (1) copy of the egol descrip- tion and Map which shall ploiniy and clearly designate the bouhdaries as al- tered to be tiled with me.Ada County Recorder, Ada County Assessor ond; the State Tax Comm sslon within 10 days following the effective day of this Ordinance. Section 3. This Ordinance shall be in full force and effect from and offer its passage, approvoi and pubhcatlon as required by law. Passed by me City Council and ap- proved by the Mayor of Me City of Eagle, Ada County, Idaho this pra day of December, 1976, Mayor DECKARD, Pub. Dec. 26, 1976- 4966 for one insertion, in the issuL „, -.cam , 19%� M411441 -,---./7..i r i , Principal Clerk Subscribed nd sworn to before me this.? 7 day of , 19 7Z Notary Publ/c for ho, Residing at Boise, Idaho D01829 RESOI'ITION 1977 - PY COUNCILMAN PEARh•1AN LOWE 'IERRICK ARNOLD A RESOL"TION CORRECTING TYPOGRAPHICAL AND TRANSPOSITION! ERRORS ANF) CLEARING AMRIGIIITIES IN ORDINANCE ##30. RE IT RESOLVED RY THE MAYOR AND COI!NCII. OF T'!E CITY OF EAGLE, IDAHO T"AT; Section 1. In line 7 R strike "the N2 MW portions add of the E z all in Section 9" andA"the SE of Section 9." Section 2. Eagle East Annexation. Strike Paragraph 3 Page 1 Ordinance #30. In paragraph 4 strike "A portion of the F of Section 9" and "lying southerly from the centerline of Floating Feather Road westerly from the centerline of Edgewood Lane." Add "the S E1 of Section ; 9 lying northeast of the centerline of State 'Iighway 44 including that portion of Eagle 'fills West #1 lying therein." Section 3. Strike Paragraph 5 Fr 6 Page 1 Ordinance #30. and add "that portion of Eagle 'Ii i Is West i#1 lying in the S1 of the NO . Section 0 T4N,RIE." Section 4. Strike Paragraph 7 F, R, Page I, Ordinance f#30 and add "lot IR, Rlock 1, lot 21, Rlock 3, lot 22 Rlock 3 of Eagle Hills West f1." Section 5. Strike Paragraph 9, Page I, Ordinance #30. and add "the NW of the NW of Section 16, T4N, RIE except the North 150' of the West 173'." Section 6. Eagle West Annexation. In paragraph 3, page 2 Ordinance `30 strike "the said Section;S, which is also the centerline of Floating Feather ^oad to a point also said point being the real point of beginning;" and add "Downing Downs Subdivision as filed for record in the office of the Ada County Recorder, roise, Idaho;" Section 7. In Paragraph 4, Page 2, Ordinance #30 strike -19°50'er- and add "I9°7, Section R. Strike Paragraph 15 Fe 16, Page 2, Ordinance "30 and add: "Certain real property situated in Ada County. State of Idaho, more particularly descr'hed as follows: South of the SE* of the NW* and the NO of the SW; less the East 792 feet of the South 660 feet there of and commencing at a point on the + section line 13,67 chains East of the m quarter corner of the SWti Section 4, T4N, PIE, 2.M. and running thence south parallel with the section line 20 chains thence east 6.55 chains thence north parallel with section line 20 chains thence west 6.55 chains to the point of beginning all in Section 9 T4N. RIE B. P' 1. Ada County, Idaho EXCEPT that portion of the NW* of the SW!, Section R T4N RIE, 2. M. described as follows: 'eginninn at the section corner common to section 7, 9, 17 I9 of said township thence n 0°09' West 1414.9 feet to the north boundary of Highway 44 thence North 88°04' east 367,7 feet along said boundary to the point of curve thence around highway boundary curve right 9476 feet with radius of 22978.31 central angle of 2°27'45" to the intersection of said boundary and east line of said NW* of the SW the trite place of beginning thence North 0°13' east 443.4 feet the e North 99°43' West 196.5 feet thence South 0°13' West 443.4 feet to said highway boundary thence around said highway curve east 196.5 feet with radius 22978.31 feet and central angle of 0029,24" to the place of beginning. PASSED ^y the Council this /2 day of .ti u,. ,e".,4 /; %7 Approved 2y the Mayor this A,2 day of ,iia 7 2 layor ,ATTEST: City Clerk STATE OF IUAI1O, COtJ,.ry OF 'VOA, ss. Filed for record at the request of y�� __ Min. past // o'clock /9 L1. tfiis_A �.t..day of tir LARENCE A. I'LAjRecord'4' Deputy G' By U 19 7 P. Craig Storti John F. Kurtz, Jr. HAWLEY TROXELL ENNIS & HAWLEY P. 0. Box 1617 Boise, Idaho 83701 Telephone: (208) 344-6000 Attorneys for Petitioner Ur LDL!)iF1j j FILED H FEB 51980 I uiv;r1DA CLERK �►r�'► Lrunmeler UE pu r Y DISTRICT COURT, FOURTH JUDICIAL DISTRICT STATE OF IDAHO, COUNTY OF ADA DONALD E. WILDER and AUDREY L. WILDER, Husband and Wife, Petitioners, VS. CITY OF EAGLE, a municipal corporation, Respondent. ) Case No. 68792 ) ) ) FINDINGS OF FACT, CONCLUSIONS OF LAW AND JUDGMENT THIS CAUSE came on for hearing on October 11, 1979, and the Court, having heard and considered the evidence, and considered the stipulations of the parties, hereby finds the facts and states the conclusions of law as follows: FINDINGS OF FACT 1. The Petitioners, Donald E. Wilder and Audrey L. Wilder, husband and wife, are residents of the City of Eagle, County of Ada, State of Idaho. FINDINGS OF FACT, CONCLUSIONS OF LAW AND JUDGMENT -1- 2. The Respondent, City of Eagle, is a municipal corpora- tion incorporated under the laws of the State of Idaho and located in Ada County, Idaho. 3. Petitioners are owners of the following described real property located within the corporate limits of the City of Eagle, Ada County, State of Idaho: A parcel of land lying in a portion of the E 1/2 of the SE 1/4 of the SE 1/4 (South of the drain ditch) of Section 9, T. 4N., R. 1E., B.M., Ada County, Idaho, and more particularly described as follows: Beginning at a brass cap marking the South- east corner of the said SE 1/4 of Section 9, also said point being the REAL POINT OF BEGINNING; thence North 0°14'12" West 432.96 feet along the Easterly boundary of the said SE 1/4 of a which is also the centerline of Edgewood Road, to a point on the centerline of a certain drainage ditch; thence North 88°44'10" West 24.22 feet along the said centerline of a certain drainage ditch to a point of curve; thence Northwesterly along the said center- line of a certain drainage ditch along a curve to the right 58.66 feet, said curve having a central angle of 38°31'45", a radius of 87.23 ✓feet, tangents of 30.49 feet, and a long chord of 57.56 feet bearing North 69°28'18" West to a point of tangent; thence North 50°12'25" West 358.88 feet along the said centerline of a certain drainage ditch to a point of curve; Thence Northwesterly along the said center- line of a certain drainage ditch along a curve to the right 94.33 feet, said curve having a central angle of 23°16'37", a radius of 232.20 feet, tangents of 47.83 feet, and a long chord of 93.69 feet bearing North 38°34'06" West to a point of tangent; thence North 26°55'48" West 141.92 feet / along the said centerline of a certain drainage ditch to a point of curve; thence Northwesterly along the said center- line of a certain drainage ditch along a curve to the left 232.83 feet, said curve having a FINDINGS OF FACT, CONCLUSIONS OF LAW AND JUDGMENT -2- central angle of 33°07'36", a radius of 402.70 feet, tangents of 119.77 feet, and a long chord of 229.60 feet bearing North 43°29'36" West to a point of tangent; thence North 60°03'24" West 33.78 feet along the said centerline of a certain drainage ditch to a point on the Westerly boundary of the said E 1/2 of the SE 1/4 of the SE 1/4 of Section 9; thence South 0°09'41" East 1,077.96 feet along the said Westerly boundary of the E 1/2 of the SE 1/4 of the SE 1/4 of Section 9 to an iron pin marking the Southwest corner of the said E 1/2 of the SE 1/4 of the SE 1/4 of Section 9; thence North 89°00'55" East 662.70 feet along the Southerly boundary of the SE 1/4 of Section 9 to the point of beginning, compris- ing 10.89 acres, more or less. 4. The property described in Finding of Fact No. 3 is a single parcel of property consisting of more than five acres. 5. The property described in Finding of Fact No. 3 is currently and has consistently in the past been used by Petitioners as pasture land for Petitioners' cattle, and has been used at all times by Petitioners exclusively for agricultural purposes. 6. The real property described in Finding of Fact No. 3 does not receive any special benefits from the City of Eagle, resulting from the property being within the corporate limits of the City. 7. The parcel of property described in Finding of Fact No. 3 is located in the Southeastern corner of the City, and its detachment from the corporate limits of the City would not give the City an unusual shape, would not create a hole in the City's boundaries, and would not leave any small narrow necks of property existing within the corporate limits of the City. 8. The parcel of property described in Finding of Fact No. 3, being located on the edge of the City, is not surrounded with FINDINGS OF FACT, CONCLUSIONS OF LAW AND JUDGMENT -3- land within the City limits being used in a variety of ways, with the uses being related to the existence of the community. On the contrary, the parcel of property is surrounded only by agri- cultural land, and the supervision of the City of Eagle over lands adjacent to or in close proximity with the business and homes located within the corporate limits of the City will not be denied or adversely affected if the Petitioners' property is detached and disannexed. 9. There is no indication from the evidence that the parcel of property described in Finding of Fact No. 3 is being developed for uses incompatible with uses for which adjacent or affected lands within the corporate limits of the City are being employed. 10. The exterior of the physical symmetry of the outside boundaries of the City of Eagle will be no less uniform after detachment of Petitioners' property than it is now, there being many irregularities presently in the symmetry of the City's boundaries. When the Petitioners' property was annexed into the City, the City limits of Eagle were considerably extended. Therefore, the detachment of the Petitioners' property from the corporate limits of the City will not, with respect to the geometric shape of the City, adversely effect the due proportion of the parts of a body, conformance and consistency, and correspondence or similarity of form on opposite sides of an axis or center. In short, detachment of Petitioners' property, as described in Finding of Fact No. 3, will not materially mar the symmetry of the City of Eagle. 11. None of Petitioners' statements supporting any annexation of the City of Eagle had any effect on the City's decision to annex Petitioners' property, nor did the City place any reliance thereon. FINDINGS OF FACT, CONCLUSIONS OF LAW AND JUDGMENT -4- 12. The City of Eagle did not rely upon any representation by Petitioners regarding the City's proposed annexation to the City's detriment or prejudice. CONCLUSIONS OF LAW 1. Petitioners' property (as described in Finding of Fact No. 3) is a single parcel of property, located within the corporate limits of the City of Eagle, consisting of over five acres, and is used exclusively for agricultural purposes within the meaning of Idaho Code §50-226 et seq. 2. Petitioners' property does not receive sufficient special benefits to justify the retention of said property within the corporate limits of such City. 3. Detachment of Petitioners' parcel of property will not materially mar the symmetry of the City within the meaning of Idaho Code S50-230. 4. The doctrine of equitable estoppel based on a property owner's initial acquiescence to annexation of property is inapplicable to subsequent proceedings to disannex that property instituted pursuant to Idaho Code S50-226 et seq. 5. The City of Eagle did not rely to its prejudice or detriment on any representation made by Petitioners, or either of them, relating to the initial annexation of Petitioners' property into the City of Eagle. 6. Petitioners have established as a matter of law all of the elements prescribed by I.C. §50-226 et seq. necessary for disannexation under said statutes. Therefore, Petitioners are entitled to have their Petition granted, and have their property detached and disannexed from the corporate limits of the City of Eagle. FINDINGS OF FACT, CONCLUSIONS OF LAW AND JUDGMENT -5- P Based upon the foregoing Findings of Fact and Conclusions of law, now, Therefore, IT IS. HEREBY ORDERED, ADJUDGED AND DECREED, and this does so ORDER, ADJUDGE AND DECREE: 1. That Petitioners' Petition in the above -entitled action is granted, and that the parcel of property described in Finding of Fact No. 3 hereinabove, hereby is wholly detached and disannexed from the corporate limits of the City of Eagle, and that from this date forward the Petitioners' property shall be free and apart from the government of the municipal corporation, the City of Eagle. 2. That within twenty days after the execution and filing of these Findings of Fact, Conclusions of Law and Judgment, Petitioners shall file or cause to be filed with the County Recorder of Ada County and with the City Clerk of the City of Eagle, a certified copy of these Findings of Fact, Conclusions of Law, and Judgment and Decree. DATED this '5/4day of FINDINGS OF FACT, CONCLUSIONS OF LAW AND JUDGMENT -6- h UDGE f OWETT DISTRICT JUDGE 1980. 7-1 27 26 25 24 \ 23 22 t, -10- ✓1 77. 0 0 N 335.8 WAY I2 • Il 1 • f n 1G` 15 S EC. 9 -- T. 4 N.-R.IE. • w