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Ordinance - 1981 - 71 - Annexation 84.687 Acres Referred To As Fra - 06/09/1981ORDINANCE NO. 71 AN ORDINANCE ANNEXING CERTAIN LANDS AND TERRITORY, SITUATE IN ADA COUNTY, IDAHO, AND ADJACENT AND CONTIGUOUS TO THE CORPORATE LIMITS OF EAGLE CITY, ESTABLISHING AND DETERMINING THE LAND USE CLASSIFICATION OF SAID LANDS AS M -I A; PROVIDING THAT COPIES OF THIS ORDINANCE SHALL BE FILED WITH THE ADA COUNTY AUDITOR, THE ADA COUNTY TREASURER, THE ADA COUNTY ASSESSOR, AND THE IDAHO STATE TAX COMMISSION, AS REQUIRED BY LAW; AND PROVIDING AN EFFECTIVE DATE. NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE CITY OF EAGLE, IDAHO: Section 1. The lands and territory situated in Ada County, Idaho, adjacent and contiguous to the City of Eagle, Idaho, more particularly described in Exhibit "A" which is annexed hereto and by reference made a part of this ordinance as though fully set forth herein, be, and the same are hceby annexed to and incorporated into the territorial limits of the City of Eagle, Idaho. Section 2. The City Clerk of Eagle City is hereby directed to file, within ten (10) days after the passage and approval hereof, a certified copy of this Ordinance with the County Assessor, County Recorder and County Treasurer of Ada County, Idaho, and the State Tax Commission of Idaho, and to file a copy of said legal description and map with the County Assessor and County Recorder of Ada County, Idaho, and the State Tax Commission of Idaho, all as provided by Sections 50-222 and 63-2215, Idaho Code. Section 3. Pursuant to the findings and recommendations of the Eagle City Planning and Zoning Commission, the land use classification of the lands described in Exhibit "A" which is annexed hereto and by reference made a part hereof is hereby fixed and established as M -I A (Light Manufacturing District - Planned Unit Development). Section 4. This ordinance shall be in full force and effect from and after its passage, approval and publication as required by law. Paed by the City Council of the City of Eagle, Idaho, this day of _ �, ",_ , 1981. Appr d by the Mayor of the Citgle, Idaho, this q day of D , 1981. ttf ce) v POTTER & ASSOCIATES, INC. 1/r513/9/8l 80-107 LI /9 /, 40 W. FRANKLIN MERIDIAN. IID 83642 (208) 888-5491 The included legal description is based on a survey performed by me,' or under my direction, recently. I have carefully reviewed this descrip- tion and certify and seal it to be accurate to the best of my knowledge and belief as described herein. Any change, addition (or deletion of any part of this description will act to void any warranty or) responsibility, express or implied, that I may have towards the subject property. It is my understanding of the law that any responsibilities or warranties relieved of me in the above manner will automatically flow to the party responsible for changing this description. The following is the legal description herein referred to: LEGAL DESCRIPTION A tract of land situate in the N2 NW4, and Government Lots 3 & 4. Sec- tion 16, T.4N., R.1E., B.M., Ada County, Idaho, being more particularly de- scribed as follows: Commencing -at the NW section corner of Section 16, T.4N., R.1E., B.M., marked by an Ada County brass cap; thence N. 89° 40' 22" E., 1325.52 feet to the W. 1/16 corner between Sections 16 and 9, marked by a set 5/8" rebar, LS 874, THE REAL POINT OF BEGINNING; thence continuing N. 89° 40' 22" E., 1087.73 feet to a point marked by a set 5/8" iron pin, LS 874; thence S. 4° 09' 32" E., 243.76 feet to a point on a fence corner marked by a set 5/8" iron pin, LS 874; thence S. 32° 45' 26" E., 31.83 feet to a fence corner, marked by a set 5/8" iron pin, LS 874; thence S. 45° 05' 10" E., 24.18 feet to a fence corner marked by a set 5/8" iron pin, LS 874; thence S. 76° 05' 49" E., 189.39 feet to a point on the north -south mid-section line marked by a set 5/8" iron pin, LS 874; thence S. 0° 19' 51" W., 1626.66 feet to a point on a meander line on the north side of Boise River, established on August 8, 1980, said point also being on the centerline of a now existing 20 foot wide U.S. Engineer Levee marked by a set 1/2" iron pin LS 874; thence along the centerline of said levee, the following courses and distances: S. 68° 53' 50" W., 415.38 feet to a set 1/2" iron pin, LS 874; S. 83° 42' 50" W., 740.75 feet to a set 1/2" iron pin, LS 874: S. 85° 20' 31" W., 206.68 feet to the east line of Government Lot 4, as said Lot 4 is shown on that certain G.L.O. Plat, dated September 13, 1935, marked by a set 1/2" iron pin, LS 874; thence S. 00° 24' 25" W., 101.38 feet 'along said east line of lot 4, to a point that is measured at right angles to the north line of Boise River; thence S. 05° 16' 59" W., 263.56 feet to a point of intersection with the afore said meander line established August 1/5/81 80-107 -2- POTTER -2- POTTER & ASSOCIATES, INC. ENGINEERS • SURVEYORS • PLANNERS 8, 1980, marked by a set 1/2" iron pin, LS 874; thence along said meander line the following courses and distances: N. 84° 43' 01" W., 115.89 feet to a set 1/2" iron pin, LS 874; N. 76° 46' 16" W., 84'.23 feet to a set 1/2" iron pin, LS 874; N. 57° 15' 07" W., 65.13 feet to a set 1/2" iron pin, LS 874; N. 81° 09' 12" W., 151.01 feet to a set 1/2" iron pin, LS 874; N. 62° 18' 23" W., 129.67 feet.to a set 1/2" iron pin, LS 874; N. 49' 24' 23" W., 214.46 feet to a set 1/2" iron pin, LS 874; N. 50' 32' 03" W., 137.57 feet to a set 1/2" iron pin, LS 874; N. 590 32' 28 W., 179.24 feet to a -set 1/2" iron pin, LS 874; N. 58° 43' 53" W., 139.63 feet to a set 1/2" iron pin, LS 874; N. 61° 12' 58" W., 151.84 feet to a point on the east right-of-way line of State Highway No. 69, Project No. RS -3790 (1) Highway survey as shown on the plans thereof now on file in the office of the Idaho Transportation Department Division of Highways, said point being 110.00 feet east of the west section line of said Section 16, marked by a set 5/8" iron pin, LS 874; thence N. 0° 29'01" E., 625.34 feet along the east right-of-way line of said State Route No. 69 and parallel to the west section line of said Section 16 to a point on the north line of Government Lot 4, and as'shown on the G.L.O. Plat, dated September 13, 1935, said point also bears N. 89° 40' 22" E., 110.00 feet from the NW corner of Government Lot 4, marked by a set 5/8" iron pin, LS 874; thence N. 89° 40' 22" E., 1217.28 feet along the north line of said Lot 1, 41 the NE corner of said lot, saidpoint also being the SW corner of the NE NW of Section 16, marked by a set 5/8" iron pin, LS 874; thence N. 0° 24' 25" E., 1320.27 feet along the west line of the NE NW4 of Section 16 to the point of beginning. Excepting there from a tract of land situate in a portion of Section 16, T.4N., R.1E., B.M., Ada County, Idaho. More particularly described as follows: Commencing at the NW corner of said Section 16, thence south along the west line of said Section 16, a distance of 576.18 feet, thence south 57° 37' 10" E., a distance of 2344.36 feet to a point, thence N. 42° 15' 40" E., a distance of 290.67 feet to the REAL POINT OF BEGINNING; thence continuing N. 42° 15' 40" E., a distance of 103.60 feet; thence N. 65° 24' 20" E., a distance of 137.93 feet; thence N. 88° 33' 00" E., a distance of 290.15 feet; ; thence S. 00° 36' 44" E., a distance of 453.57 feet; thence S. 66° 49' 45" W., a distance of 432.77 feet; thence S. 82° 08' 17" W., a distance of 93.00 feet; thence N. a distance of 495.13 feet to the REAL POINT OF BEGINNING. The above described tract of land contains 5.934638 acres more or less, and is subject to all existing road rights-of-way, ditch easements, and the Boise River Army Engineer's Dike. 1/5/81 80-107 -3-- POTTER & ASSOCIATES, INC. ENGINEERS • SURVEYORS • PLANNERS Excepting, also, from a portion of the land lying in the SE4, NW4, a strip of land 50 feet wide most directly connecting land owned to the south thereof by James DeChambeau for road right-of-way purposes. In this connection, an exact metes and bounds description of said road easement shall be calculated prior to closing and more particularly included herein. Said tract of land subject to rights-of-way and easements of record or in use and together with any water or water rights appurtenant to the herein above described land. Said tract of land containing therein a calculated gross area of 90.622 acres more or less and a net area of84.687 acres more or less (excluding that certain 5.935 acres more or less exception). IP ( 4- I. 14.40110 101114,.. 7 Tam- - ral 1 4 • 011 4 4 t 4 011 4 ° 4 4.44,944.4.4.411.1 11. 04 4.4.4.4.4. 0 0.00 4000. 4..4*.00 • 4.0 0: - 4- - — - -.v_v «-u $Vi ll IC. in- evitable sneak attack, for Merion's rage, her vengeance. Merion has never surrendered a scrire under par for 72 holes played in championship conditions, and although she proba- bly will this week, she's not going to do so without a fight. The players had better watch their flank in the days to come. LEGAL NOTICES NOTICE OF TRUSTEES SALE On Wednesday, the 29th day of July, 1981, at the hour of 10:00 o'clock A.M., of said day, in the lobby of the Office of FIRST AMERICAN TITLE COMPANY, 7311 Potomac Dr., Boise, County of Ada, State of Idaho, First American Title Company of Idaho, Inc., an Idaho Corporation, as successor trustee, will sell at public auction, to the highest bidder, for cash, in lawful money of the United States, all payable of the time of sale, the following de- •,cribed real property, situated in the .ounty of Ada, State of Idaho, and de- ;cribed as follows, to -wit: Lot 2 in Block 1 of MARTEESON MANOR, according to the official plat thereof filed in Book 37 of Plats at Page 3148; AS AMENDED BY an Affidavit recorded December 1, 1975, as Instrument No. 7537425, official records of Ada County, Idaho. Said sale will be made without cov- hant or warranty regarding title, pos- ssion or encumbrances to satisfy the iIigation secured by and pursuant to e Power of sale conferred in the deed trust executed by MANSION ROTHERS, INCORPORATED, an Toho corporation, grantor, to FIRST ' IdiERICAN TITLE COMPANY OF 'AHO, INC., as trustee, for the benefit d security of THE IDAHO FIRST TIONAL BANK, a National Banking sociation, recorded June 18, 1979 as itrument No. 7932854 Mortgage re- ds of Ada County, Idaho. ddeeI fault hefatilue to pay�the princip I ount in full on or before the maturity e of May 13, 1980. As result of the each, the Grantor presently owes the �cipal of $45,000.00 pIus interest from . ie 13, 1979 on the balance of $45,000.00 he rate of 12% per annum; together . a any fees or costs associated with . foreclosure, and the balance owing f this date on the obligation secured did deed of trust is $45,000.00. E+~ , March 17, 1981. STATE OF IDAHO) ) COUNTY OF ADA ) SS. Verlvn Childers , being duly sworn, 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 uninter- ruptedly 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 regular edition of The Idaho Statesman for one insertion, in the issue of June 19 , 19 81 OLAAJ_A_AJLJ,J , Principal Clerk Subscribed and sworn to before me this 19th day of June , 19 81 Notary Public for Id pb, "..? flog at Boise, Idaho