Loading...
Ordinance - 2022 - 880 - Eventyr Subdivision - 08/09/2022ADA COUNTY RECORDER Phil McGrane 2022-071676 BOISEIDAHO Pgs=6 VICTORIA BAILEY 08/ 15/2022 09:19 AM CITY OF EAGLE, IDAHO NO FEE ORDINANCE NO. 880 AN ORDINANCE. ANNEXING CERTAIN REAL PROPERTY SITUATED IN, THE UNINCORPORATED AREA OF AD A COt T NTY, IDAHO, AND C'ONTIGUOUS TO THE, COR'PORATE LIMITS OF THE CITY OF EAGLE., TO THE CITY OF EAGLE, IDAHO; CIJANGING THE, ZONING CLASSIFICATION OF SAID REAL PROPERTY DESCRIBED HEREIN FROM Rt_;'-'I' (R:LTRAL-I.jikBAN 't RANSI'1-1(--)N) TO R-2-IAA (RI-ISIDENTIAL WITH A 1).EVEI.OPMP"NI' A(-iR-I:".F,M.E,--N'T); AMENDING THE ZONING MAP OF THE CITY OF EAGLF'1 TO REFLECT SAID CHANIGE, DIRECTING THAT COPIES .01, JUJS ORDINIANCE BE FILED AS PROVIDFD BY LAW, PROVIDINCri A Sl:-VERABILITY CLAUT SE, AND PROVIDING ANEFFECTIVE DATE. WHEREAS, the City of Eagle, Idaho is a municipal corporation organized and operating Linder the laws of the State of Idaho and is authorized to anriex to and incorporate within the boundaries of the City contiguous real property in the manner provided by Section 50-222, Idaho Code; and W14FRE.AS, Anderson Development LLC, the owner of the real property situated in the umneorporated area of Ada County and particularly described and shown in Exhibit "A" of this ordinance has 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" of this ordinance has requested, in writing, a rezone from RUIT to R-i- DA, and WHEREAS, the property described and shown in E-,d,-iibit "A" is identified by the Ada County Assessor's Office as tax parcel Nos. 041421301,0, and WI-IFIRF'AS, the Planning and Zoning Commission of the City, pursuant to public notice as required by law. held a public hearing on November 1, 2021, as required by Section 671-6525, Idaho Code, and made a recommendation to dw Mayor and Council.; and WHEREAS, the Eagle City Council, pursuant to public notice as required by law, held a public hearing on January 25, 2022, on the proposed annexation and zoning for the real property described and shown 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-2-DA for the property described and shown in Exhibit "A" is appropriate to meet the requirements of Idaho Code, Eagle City Code and the Eagle Comprehensive Plan and should be granted. NOW, THEREFORE, BE. ITORDAINE'D BY THE MAYOR. AND COUNCIL OF THE CITY OFEAGLF'., IDAHO, as f.'ollows: Section 1: The Eagle `ity Council bereby finds and declares that the real property particularly described and shown in Exhibit "A", attached hereto and incorporated herein by reference, is Nee I of 3 K\COUNCILIDiaft OMiaa.,es\ORD 880 Eveulty,Sub A FZ.doc Re-record to add record of survey exhibit ORDINANCE NO. 880 AN ORDINANCEE ANNEXING CERTAIN REAL PROPERTY SITUATED IN THE UNINCORPORATEDAREA OF ADA COUNTY, II AH , AND CONTIGUOUSLS TO THE CORPORATE LIMITS OF THE CITY OF EAGLE, TO THE CITY OF EAGLE, I AHO, CHANGING THE ZONING CLASSIFICATION OF SAID REAL PROPERTY DESCRIBED HEREIN FROM RUT (RURAL-URBAN TRANSITION) TO R-2-DA (RESIDENTIAL WITH A DEVELOPMENT AGREEMENT); AMENDING THE ZONING MAP OF THE CITY OF EAGLE TO REFLECT SAID CHANGE; DIRECTINGING THAT COPIES OF THIS ORDINANCE BE :AILED AS PROVIDED BY LAW; I RIDING A SEVERABILITY CLAUSE,,E, 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 5 -222, Idaho Code; and WHEREAS, Anderson Developmentent ITC, 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 has 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" of this ordinance has requested, in writing, a rezone from RUT to R-2- A d WHEREAS, the property described and shown in. Exhibit "A"s is identified by the Ada County Assessor's Office as tax parcel Nos. S0414213 010, and WHEREAS, the Planning and Zoning Commission of the City, pursuant to public notice as required by law, held a public bearing on November 1, 2021, as required by Section '- 25, 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 bearing on January 25, 2022, on the proposed annexation and zoning for the real property described and shown in Exhibit "A" as required by Section 67-6525, Idaho Cede, made findings and determined that the requested annexation should be granted and that a zoning classification of R-2- A for the property described and shown in Exhibit "A" 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, I DAH , as follows: Section 1: The Eagle City Council hereby finds and declares that the real property particularly described and shown in Exhibit "A", attached hereto and incorporated herein by reference, is Pagel of K:TOLN IUDraf't Ordinances\ORD 890 Eveutyr Sufi A RZAOC Re-record to add record of survey exhibit 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", 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" attached hereto and incorporated by reference, is hereby removed from the RUT (Rural-Urban Transition) zoning classification and is hereby included in the R-2-DA (Residential 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 and shown in Exhibit"A"and in the R-2-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 C 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 7: 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. Exhibit"A"can be viewed at Eagle City Hall, 660 E. Civic Lane, Eagle, ID during regular business hours. Page 2 of 3 K-ACOUNCIUDraft Ordinances\ORD 880 Eventyr Sub A RZ.doc DATED this 9th day of AUGUST 2022. CITY COUNCIL OF THE CITY OF EAGLE Ada County, Idaho Jaso"le e,, Ma.y©r OF E AT EST: JON 0 T I IoLeAt racyc 40E. Eagle City Clerk I- 4A Ld e'-,, 4W OF STATE OF IDAHO ) ss. County of Ada On thi's day of AVCNQS- in the year 2022,before me,the undersigned,a Not Public in and for said State, 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, ana 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. A C S Kota is 0 VARY Residing at: Y-I a My Commission Expire SOpli13 0 ozAth.Nil 4$ 1** 44Ai46OV Page 3 of 3 KACOUNCILDraft Ordinances\ORD 880 Eventyr Sub A RZ.doc LR Geo 2308 a Cole Rd., Suite Exhibit Exterior Boundary Description A;parcel ofar id, lying within the North Half of Section .14, Township 4 North, Range 1 West, Boise Meridian, Ada County, Idaho, being more particularly described as follows.- Commencing follows.- at the southwest corner of Lot 1, Bloch 1 of Teal wood Subdivision on file in Book 59 of Plats, at Page 5823, records of Ada County, monumented by a found 5, " rebar with plastic cap stamped "LS 24 1", on the easterly boundary of Moan Lake Ranch on file in Book 72 of eats, at Page 7355, records of Ada County, from which,the Northwest corner of Lot 1.1, Block 1 of said Moon Lake Ranch monumented by a found 5 8" rebar with plastic cap stamped P .S 2 15" bears South 045' 5" West, a distance of 938.60 feet; Thence along said easterly boundary, South 045' 5" West, 404.83 feet to the centerline of Pioneer Canal,the POINT OF BEGINNING, witnessed by a found 5, " rebar with illegible cap bearing North 045'05" West, a distance of 25.96 feet; Thence along the centerline of Pioneer Canal the following seventeen (17)courses 1) South 89°21'22" east, 77.97 feet; 2 along a curve to the right having a radius of 350.02 feet, a central angle of 36032'44", and an arc distance of 223.26 feet, subtended by a chord bearing South 71" 5' 0" Fast, 219.49 feet; 3 South 52048'38" Fast, 152.66 feet; 4 along a curve to the left laving a radius of 1 . 1 feet, a central angle of 13053'15", and an arc distance of 24.24 feet, subtended by a chord bearing South 59045'15" Fast, 24.18 feet, 5 along a curve to the right laving a radius of 495.99 feet, a central angle of 24027'13", and an arc distance of 211.68 feet, subtended by a chord bearing South 54028'1 " Fast, 21 . 8 feet; 6) along a compound curve to the right laving a radius of 4 .00 feet, a central angle of 22045' 1", and an arc distance of 15.88 feet, subtended by a chord bearing South 3 "52' " Fast, 15.78 feet; 2 :South 1 02 !'3 " Fast, 10.79 feet; 8 along a curve to the left having a radius of 60.00 feet, a central angle of 43021'33", and an arc distance of 45.41 feet, subtended by a chord bearing South 4101 '25" Fast, 44.33 feet; 9) South 2051'12" Fast, 71. 1 feet; 1 2308 N. Cole Rd.,LR Geo. Boise, Idaho 83704 Suite G 1 along a curve to the left having a radius of 4 .00 feet, a central angle of 74021'50", and an arc distance of 51. 2 feet, subtended by a chard bearing North 9057' 3" East,48.35 feet; 11 North 4204 '58" East, 58.88 feet; 12 along a curve to the right having a radius of 40.00 feet, a central angle of 28°34'3 ", and an arc distance of 19.95 feet, subtended by a chord bearing North 5704'18" East, 1 .75 feet; 13 North 71021'37" East, 35.42 feet; 14 North 6103512 " East, 402.71 feet, 15 North 2"48'28" East, 196.54 feet; 1 along a curve to the right having a radius of 20.00 feet, a central angle of 045' 5", and an arc distance of23.31 feet, subtended by a chard bearing South 83"48'2 " East, 22.01 feet; 17 South 5 "25'27" East, 12.44 feet to the ordinary high-water line oftbe North Channel of the Boise River as establish by the Department of Lands in 1991, as shown can Record ofSurvey Number 1859, records ofAda County; Thence along the said ordinary high-water line of the North channel of the Boise ever the following five 5 courses: 1 South 4403 ' 8" West, 103.37 feet to a found 5 8" rebar with plastic cap stamped "P .S 12464" 2 South 67*35'43" West, 242.67 feet to a found 5 8" rebar with plastic cap stamped "PLS 124 4"; 3 South 2 "*57'48" West, 97.17 feet to a found 5 8" rebar with plastic cap stamped P LS 12464"; 4 South 3014'5 " West, 88.73 feet to a found 5 8" rebar with plastic cap stamped P LS, 12464" 5 South 37°59'18" West, 279.15 feet to a fend 5 8" rebar with plastic cap stamped "PLS 124 4"; Whence along the northerly boundary and the easterly extension thereof of Lot 12, Block 1 of said Moon Lake Ranch North 8 0 '52" West, 384.65 feet to a found 5 '8" rebar with plastic cap stamped "PLS 7 15" 2 2308 N.LR Geo Cole .,Suite A SURVF--YING & MAPPING 'COMPANY Boise, Idaho 83704 Thence continuing along said northerly boundary, North 04 !' " East, 1.32 feet to a found 5 " rebar with plastic cap stamped "PLS 12464"; Thence continuing along said northerly boundary, North 01 '3 " West, 434. feet to the Northwest corner of Lot 11, of said Moon Lake Ranch, monumented by a found 5 „ rebar with plastic cap stamped "P LS 015" Thence along the easterly boundary of said Moon Lake Ranch, North " ".5' .'5" East, 533.77 feet to the POINT OF BEGINNING. Containing 353,35 square feet or 8.112 ages, more or less. End of Description Nd 12464 ;0 0 00000 OF Prepared By: Aaron Rush, P L Px 3