Ordinance - 2018 - 790 - Annexation Of 5 Acre Parcel 1825 W. Beacon Light Rd. Ryan Wilhite - 03/27/2018ADA COUNTY RECORDER Christopher D. Rich 2018-030158
BOISE IDAHO Pgs=5 BONNIE OBERBILLIG 04/05/2018 12:55 PM
EAGLE CITY NO FEE
11111111111111111111111I1II 1111111 1111111 11111 111
00480991201800301580060062
ORDINANCE NO. 790
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 RUT (RURAL -URBAN TRANSITION) 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, Ryan Wilhite, 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 RUT to R -E-
DA; and
WHEREAS, the property described in Exhibit "A" is located at 1825 West Beacon Light Road;
and
WHEREAS, the Planning and Zoning Commission of the City, pursuant to public notice as
required by law, held a public hearing on February 5, 2018, 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 March 13, 2018, 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.
Page 1 of 3
K:\COUNCIL\DraIi Ordinances\ORD 790 Wdhiie.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 RUT (Rural -Urban Transition) 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 50-901 A, Idaho Code, may be published.
Page 2 of 3
K:\COUNCIL\Draft Ordinances\ORD 790 Wdhite.doc
DATED this 27th day of March 2018.
CITY COUNCIL OF THE CITY OF EAGLE
Ada County, Idaho
Stan Ridg . , Mayor
ATTEST:
Sharon K. Bergmann, Eagle City C erk
STATE OF IDAHO )
: ss.
County of Ada
On this day of -'ti'l , in the yearI S/, 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.
TRACY E. OSBORN
NOTARY PUBLIC
STATE OF IDAHO
Notary Pylic (..1/172(A kid/CA-6Residing
{ My Commission Expires: a h-vrfAciai
Page 3 of 3
K:\000NCIL\Draft Ordinances\ORD 790 Wtlhne doc
EXHIBIT "A"
Legal Description of 1825 W Beacon Light Rd Eagle, ID 83616
A PARCEL OF LAND LOCATED IN SECTION 6, TOWNSHIP 4 NORTH, RANGE 1 EAST, BOISE
MERIDIAN, ADA COUNTY, IDAHO, MORE FULLY DESCRIBED AS FOLLOWS:
BEGINNING AT THE NORTHEAST CORNER OF SECTION 6, TOWNSHIP 4 NORTH, RANGE 1
EAST, BOISE MERIDIAN,
THENCE RUNNING SOUTH 89° 58' WEST ALONG THE SECTION LINE ON
THE NORTH SIDE OF SAID SECTION 6 A DISTANCE OF 489.72
FEET TO THE REAL POINT OF BEGINNING:
THENCE RUNNING SOUTH 01° 06' EAST A DISTANCE OF 506.82 FEET TO
A POINT; THENCE RUNNING SOUTH 89° 58' WEST A DISTANCE OF 429.74
FEET TO A POINT; THENCE RUNNING NORTH 01° 06' WEST A DISTANCE
OF 506.82 FEET TO A POINT ON THE SECTION LINE ON THE
NORTH SIDE OF SAID SECTION 6: THENCE RUNNING NORTH 89° 58'
EAST ALONG THE SECTION LINE ON THE NORTH SIDE OF SAID SECTION
6 A DISTANCE OF 429.74 FEET TO THE REAL POINT OF BEGINNING.
SUBJECT TO ALL EASEMENTS AND RIGHT-OF-WAYS
OF RECORD AND IN USE INCLUDING A 34.74 FEET ACCESS ROAD
RIGHT-OF-WAY ALONG THE SIDE OF THE PROPERTY.
CPF N0. 2017-092742 W. BEACON Mit ROAD
NW BASIS Of BEARING
NW CORNER CT. LOT 1 S.89'tr2rE. 1323.19' (1323.04' 8 1323.22')
GO111),:-.---4_4_21221________ 47.01' 382,73'
i
$ 8
n
Ai
I / N IA HOME N
I
o 4 j
n PARCEL A is
/ „.....2.1.,
1.°° SO Fr
i 1 �T 3.DD ACES .0 NOV 3 0 2011' % n $ g NOTES:
$'I'S ^; = R Z 1. REFERENCE IS MADE TO THE FOLLOYBryNOC�RECORD e OF SURMEY NOS. 1320. 1451.
qqgg N I" 6041. 8826, 8954, 7056, 8797. 10033 KND,T1078 RECORDS OF ADA COUNTY,
X g 1X• rl
z' 2. REFERENCE IS MADE TO THE FOLL09INC SUBDIVISION PLATS: ACADEMY PLACE
"-•' 14.89'17'27'03. 382.52' SUBDIVIDAHO.
ISION OBOOK 4, PAGE . 1,
BOOK 57. PONY 7.PHAGES 54295430OK 0.. RECORDS OF ADA COUNTY.
, PAGES 5967-5968; µ
Zt i i
; PARCEL 8 in 3. REFERENCE IS MADE TO THE BLM PLAT AND NOTES FOR TOWNSHIP 4 NORTH. /
r 87183 SO FT o RANGE 1 EAST. BOISE MERIDIAN, ADA COUNTY, IDAHO.
4.z
2.00 ACRES Is
z �'i
CPF N0. 2017-092741
_._3Ij02 T.SN. R.)E
5 7.4N. R.1E.
RECORD OF SURVEY NO.
MINOR LAND DIVISION
FOR
RYAN & JULIE WILHITE
PARCELS OF LAND LYING IN A PORTION OF
GOVERNMENT LOT 1, SECTION 6, T.4N., R.1E.,
BOISE MERIDIAN, A 7 COUP IDAHO_
ED & FILED
CITY OF EAGLE
1
SW CORNER
GOVT. LOT 1
i
N.6717'2711. 429.74'
UNPLATTED
Affookib
3N e -c- .1./
S.89'50'10'91. 1322.62'
ACADEMY PLACE
BOOK 4, PAGE 155
t
SE CORNER
GOVT. LOT 1
4. REFERENCE IS MADE 10 TIE FOLLO'ING DEED INSTRUMENT NC
228365, 238999, 239793. 249347. 255400. 288284, 279308, 2'
741339. 818581. 819236, 7802525, 7835119. 7912991. 8804002.
8809574, 8809672. 9036265, 9129425, 94040764. 94040949. 9
99057119. 99061187. 100042110. 102067850. 106119107 AND 10
OF ADA COUNTY. IDAHO.
5. THIS PROPERTY IS ZONED RUT.
6. PROPERTY/PARCEL IJNES SHALL NOT REDUCE TIE AREA. FRO
DEPTH OF EACH BUILDING SITE BELOW THE MINIMUM PRESCRIBED
ORDINANCE OR AS SPECIFICALLY APPROVED. COUNCIL APPROVAL
REQUIRED.
LEGEND
PROPERTY BOUNDARY
PROPERTY DMSION BOUNI
CENTERUNE
OTHER BOUNDARY LINE
EASEMENT UNE
WEU.
FOUND BRASS CAP MOTO
FOUND ALUMINUM CAP MC
FOUND 5/8' IRON PIN
0NB WITNESS CORNER -FOUND
5/8' IRON PIN
Owc WITNESS CORNER -SET 1/2' IRON
PIN W/ CAP NARKED LS 7045
® FOUND RR SPIKE
• SET 1/2' IRON PIN W/ CAP
MARKED LS 7045
• POINT ON UNE -SET 1/2' IRON
PIN W/ CAP MARKED IS 7045
o FOUND 1/2' IRON PIN
O CALCULATED POINT
( ) DATA OF RECORD
100 0 50 100 200
SCALE: 1' . 100'
PAGE 1 OF 2
INDEX NO. 411-06-110-000
MARKS LAND SURVEYING, INC.
COLLEEN MARKS, L.S. 7045
5300 W. HILL RD.
BOISE. IDAHO 83703
Pit (208) 378-7703 FX: 376-7759
.DAM 11/29/171 DRAM BY: CM IDLE 9a291E MAW.
Idaho Statesman
th. N. of the T Ville]
IDANOS MAN.COM
PO Box 40, Boise, ID 83707-0040
Account # I Ad Number
LEGAL PROOF OF PUBLICATION
Identification 1 PO
263905 0003604101 1 LEGAL NOTICE ORDINANCE NO. 790 AN OR(
Attention: TRACY OSBORN
CITY OF EAGLE / LEGALS
660 CIVIC LANE
EAGLE, ID 83616
Ord 790
LEGAL NOTICE
ORDINANCE NO. 790
AN ORDINANCE ANNEXING CERTAIN REAL PROPERTY SITUATED IN THE UNINCORPORATED AREA OF
ADA COUNTY, IDA I0, 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 DESCRI-
BED HEREIN FROM RUT (RURAL URBAN TRANSITION) TO R EDA (RESIDENTIAL•ESTATES WITH A DEVEL.
OPMEf•IT 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 I AW; AND PROVID-
ING AN EFFECTIVE DATE.
WI IFREAS, tee City of Eagle, Idaho is a municipal corporation organized and operating under the laws
ot 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
1.I IEREAS, Ryan W1h le, the owner of the real property situated in the unincorporated area of Ada Coun-
ty and particularly described in Exhibit "A" ot this ordinance has requested, in writing, annexaticn of said
real property to the City of Eagle: and
WHEREAS, the owner of the real property situated within the City of Eagle and partcularly described in
Exhibit "A' of this ordinance has requested, in writing, a rezone from RUT to R.E DAs and
WHEREAS, the property described in Exhibit "A" is located at 1825 West Beacon Light Road; and
WHEREAS, the Planning and Zonir.g Commission of the City, pursuant to public notice as required by
law, held a public hearing on February 5, 2018, as required by Section 676525, 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
March 13, 2018, 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 determ ned that the requested annexa-
tion should be granted and that a zoning classification of ITE -OA for the property described in Exhibit "A'
1s appropriate to meet the reqe,rements of Idaho Code, Cagle City Code and the Eagle Comprehensive
(Plan and should be granted.
NOW, THEREFORE, 8E IT ORDAINED BY THE MAYOR AND COUNCIL OF THE CITY OF EAGLE, IDAHO, as
follows:
Section 1: The Eagle CFty Council hereby finds and declares that the real property particularly descri-
bed 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. annexahon thereof to the City.
Section 2; The real property, all situated in Ada County, Idaho,B
adjacent and contiguous to the City,
.pari cularly described in Exhibit "A" and as generally shown on Exhibit'", attached here to and included
herein by reference, is hereby annexed to te incorporated terrifonal limits ot the City of Eagle, Idaho.
Section 3: The City Council hereby finds and determines that the real property particu arty descnbed in
Exhibit "A" and generally as shown on Exhibit "B", attached hereto and incorporated by reference, is
hereby removed from the RUT (Rural -Urban Transition) zoning classiticat,on and is hereby included in the
R -E -DA (Residential -Estates %eh a development agreement) zoning classification all pursuant to the Zon-
ing Ord=nance of the City of Eagle. The City Council further finds and determines that said zone change
1s in accordance with the Eagle Comprehensive Plan and re:evant City Codes and that the Zoning Map of
the Cry is hereby amended to include the real property described m Exhibit 'A" m the R -E -DA zoning dis-
trict.
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 al ordinances, resolutions, police regula
tions, taxation, and other powers of the City of Eagle.
Section 5: The City Clerk is hereby directed to fife, within ten (10) days of passage and approval of this
Ordinance, a certified copy of this Ordinance with the offices of the Auditor, Treasi.rer, and Assessor of
Ada County. Idaho, and with the Idaho State Tax cornmission, Boise, Idaho, as requ red 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 rea' property annexed by this Ordinance_
Section 6; This Ordinance shall take effect and be in force from and after its passage, approval, and
ipublication as required by law- In lieu of publication of the entre ord fiance, a summary thptretii in com-
et ance with Section 50 901A, Idaho Code, may be published_ tto ' 't tit
hoExhibit B can be reviewed during regular business hours at Eeg a City Hall 660 E. .ar E '' V i jcfdr,�,
DATED this 27th dayof March 2018. �� l`'
CITY COUNCIL OF THE CITY OF EAGLE
Ada County, Idaho
Stan Ridgeway, Mayor
ATTEST: Sharon K. Bergmann, Eagle City Clerk
Amount 1 Cols 1 Lines
$256.00 3 100
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: 04/09/2018
Ending issue of: 04/09/2018
JAN1)
7� egals Clerk)
,,STATE OF IDAHO )
COUNTY OF ADA )
.SS
On this 9th day of April in the year of
2018 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 executed the same.
j.1OTARy.
0
o ▪ e.o °
EXHIBIT B
Legal Description of ° AUB LIC °e �: Residingat: Boise, Idaho
1825 W Beacon Light Rd Eagle, ID 83616 %I -11),e% o 0
A PARCEL OF LAND LOCATED IN SECTION 6, TOWNSHIP 4 NORTH, RANGE 1EACITf ed Oo ° °°° `�, ag O�L�vZ
ADA COUNTY, IDAHO, MORE AS FULLY CORNEREOF EASC ION 6,.'/S: �� '**- My Commission expires:
08 BEGINNING AT THE NORTHEAST OF SECTION TOWNSHIP 4 NORTH, RA�t►1(i Tt°�i1P,
MER•DIAN,
THFNCC RUNNING SOUTH 89' 58' WEST ALONG THE SECTION LINE ON THE NORTH SIDE OF SNP
SECTION 6 A DISTANCE OF 489.72 FEET TO THE REAL POINT OF BEGINNING:
THENCE RUNNING SOUTH 01° 06' EAST A DISTANCE OF 506.82 FEET TO A POINT- THENCE RUNNING
SOUTI 189' 58' WEST A DISTANCE OF 429.74 FEET TO A POINT; TI IENCC RUNNING NORTI 101 ° 06'
WEST A DISTANCE OF 506.82 FEET TO A POINT ON THE SECTION LINE ON THE NORTH SIDE OF SAID
SECTION 6: THENCE RUNNING NORTH 89° 58' EAST ALONG THE SECTION L'NE ON THE NORTH SIDE
o ° otary Public FOR Idaho
OF SAID SECTION 6 A DISTANCE OF 429.74 FEET TO THE REAL POINT OF BEGINNING.
SUBJECT TO ALL EASEMENTS AND RIGHT-OF'NAYS
OF RECORD AND IN USE INCLUDING A 34.74 FEET ACCESS ROAD
RIGI IT -OF -WAY ALONG 111E S DE OF THE PROPERTY.
Pub. Apr. 9, 2018
000360410101
IDAHO
PO Box 36 • Boise ID 83722-0410
State Tax Commission 800 Park Blvd., Plaza IV • Boise ID 83712-7742
November 13, 2018
Sharon Bergmann
Eagle City Clerk
P O Box 1520
Eagle, ID 83616
Subject: Ordinance No. ord._790 EAGLE (CITY)
Dear Ms. Bergmann:
RECEIVED & FILED
CITY OF EAGLE
NOV 19 2018
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 2019. We approve and recognize the
neap and legal description; however this approval and recognition is limited to the
acknowledgement that the map and legal description meet the requirements of Idaho Code Section
63-215, and IDAPA 35.01.03, referred to as the Idaho Property Tax Administrative Rules.
Find current year information about taxing district change requests at the Current Status Web page.
Please visit httn://tax.idaho.>?ov/i-1069.cfm.
Sincerely,
Geographic Information Systems Division
Technical Support Bureau
Idaho State Tax Commission
Phone (208) 334-7750
Email gis@tax.idaho.gov
CC:
Robert McQuade, Ada County Assessor
Christopher Rich, Ada County Clerk
Equal Opportunity Employer • tax.idaho.gov • Hearing Impaired TDD (800) 377-3529
270
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4/3/2018
From: 0050009
To: 0050009
From: 2700000
To: 0050009
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