Ordinance - 2018 - 799 - Annexation Of 2741 N. Anacortes Lane - 08/14/2018ADA COUNTY RECORDER Christopher D. Rich 2018-084510
BOISE IDAHO Pgs=5 BONNIE OBERBILLIG 09/06/2018 11:02 AM
EAGLE CITY NO FEE
1111111111111111111111111111111111111111111111111
00539287201800845100050055
ORDINANCE NO. 799
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 (RESIDENTIAL -ESTATES);
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, Brian Bailey, 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
(Residential -Estates); and
WHEREAS, the property described in Exhibit "A" is located at 2741 North Anacortes Lane; and
WHEREAS, the Planning and Zoning Commission of the City, pursuant to public notice as
required by law, held a public hearing on June 18, 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 July 24, 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 (Residential -
Estates) 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:ICOUNCILIDralt OrdinanceslORD 799 Bailey.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 (Residential -Estates) 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 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
K:ICOUNCIL I)rali OrdinanceslORD 799 I)aiky.doc
DATED this 14th day of August 2018.
CITY COUNCIL OF THE CITY OF EAGLE
Ada County, Ida
Stan Ridgeway, Mayor
ATTEST:
Sharon K. Bergmann, Eagle Citylerk
STATE OF IDAHO )
: ss.
County of Ada
On this /11 day of s /4" , in the year 20/6 , before me, the undersigned, a
NotaryPublic in and for said tate, personally appeared STAN RIDGEWAY, known to me to be
P Y
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.
ELLEN M. SM!TH
NOTARY PUBLIC
STATE OF'DAH-1(1'
1 • SiLG l C.
Notary Public /,�
Residing at: /�1, &We /r'
My Commission Expires: .L -/g- ZU
Page 3of3
N( ( )rdin. \(IRI) 799 Balk) dor
pacihliiIlej 9233 WEST STATE STREET
December 20, 2017
Project No.: 17-241
BOISE, ID 83714 1 208.639.6939
Exhibit A
Legal Description for
Annexation into the City of Eagle
RECEIVED & FILED
CITY OF EAGLE
MAY 0 5 2018
File
A,49,&44.639:6 30-
Lot 1, Block 1 of Anacortes Subdivision (Book 79 of Plats at Pages 8426-8427, records of Ada County, Idaho)
and a portion of the East 1/2 of Government Lot 3 of Section 5, Township 4 North, Range 1 East, Boise
Meridian, Ada County, Idaho and being more particularly described as follows:
Commencing at the northwest corner of said Section 5, which bears S89°40'10"E a distance of 2,653.59 feet
from the north 1/4 corner of said Section 5, thence following the northerly line of the Northwest 1/4 of said
Section 5, N89°40'10"E a distance of 1,990.20 feet to the POINT OF BEGINNING.
Thence following said northerly line, N89°40'10"E a distance of 335.56 feet;
Thence leaving said northerly line and following the easterly line of said Lot 1, S01°10'15"E a distance of
683.90 feet to the southeast corner of said Lot 1;
Thence leaving said easterly line and following the southerly line of said Lot 1, S89°38'02"W a distance of
335.62 feet to the southwest corner of said Lot 1;
Thence leaving said southerly line and following the westerly line of said Lot 1, N01°09'56"W a distance of
684.11 feet to the POINT OF BEGINNING.
Said parcel contains 5.269 acres, more or Tess, and is subject to all existing easements and/or rights-of-way of
record or implied.
Attached is EXHIBIT B and by this reference made a part of.
1 - Zo • 20 11
ENGINEERS 1 SURVEYORS 1 PLANNERS
www.kmengllp.com
P-\17.241\CAD\SURVEY \ EXHIBITS \17-241 ANNEXATION FXHIBIT.DWG, AARON BALLARD, 12/20/2017, KYOCERA TASKALFA 4550CI KX PC3,-
75 150 300
1"=150'
POINT OF
COMMENCEMENT
NW CORNER
SECTION 5
LEGEND
EXHIBIT B
BASIS OF BEARING
W. Beacon Light Rd. N89'40'10"E 2653.59'
-- a
1990.20' 335.56'
R/W R/W R/W
BRASS CAP
ALUMINUM CAP
0 CALCULATED POINT
REZONE BOUNDARY
— GOV'T/SECTION LINE
R/W RIGHT—OF—WAY LINE
p q.Ih 1:411 lel
ENGINEERS . SURVEYORS . PLANNERS
9233 WEST STATE STREET
BOISE, IDAHO83714
PHONE (208) 639.6939
FAX (208) 639-6930
DATE
PROJECT.
12-20-2017
SHEET:
1 OF 1
17-241
ca
N01' 09' 56"W
U
POINT OF
BEGINNING
Total Annexation: 5.269±
APN: R0389160100
S89'38'02"W 335.62'
Ptarmigan
Subdivision
RECEIVL L) & bILLU
CITY OF EAGLE
MAY 0 y 2018
Flle:
Routes to
N 1/4 CORNER
SECTION 5
327.83'
S01'10'15"E
N. Anacortes Lane (Private)
Specific Map of Area to be Annexed
Lot 1, Block 1 of Anacortes Subdivision situated in a portion of the East 1/2
of Government Lot 3, Section 5, T.4N., R.1E., B.M., Ada County, Idaho
Idaho Statesman
the Nswap•Par •r lh• 1rr•auru V•!Icy
!DA DS TAT E SMA N.0 OM
PO Box 40, Boise, ID 83707-0040
Account #
263905
Ad Number
0003812727
LEGAL
Attention: TRACY OSBORN
CITY OF EAGLE / LEGALS
660 CIVIC LANE
EAGLE, ID 83616
LEGAL NOTICE
PROOF OF PUBLICATION
ORDINANCE NO. 799 AN OREI Ord 799
Identification PO
LEGAL NOTICE
ORDINANCE NO. 799
.AN ORDINANCE ANNEXING CERTAIN HEAL PROPERTY SIIUAFED IN THE. U'1Nt.ORPOHAIED 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 SSID REAL PROPERTY DESCRI-
BED HEREIN FROM RUT (RURAL -URBAN TRANSITION) 10 R•E ;RESIDEN1iftL-ESTAiES); AMENDING THE
ZONING MAP OF THE CITY OF EAGLE TO REFLECT SAID CHANCE: DIRECTING THAT COPIES OF THIS
MRDINANCE DE FILED AS PROVIDED 13Y I ASV: AM) PRO'VIOINr3 AN EFFECTIVE DATE.
LIiHEREA.S, the City of Eagle, Idaho is a municipal corporation organized and operating under the laws
Of the State of Idaho and is autharved 19 annex 10 and froomorate withNn the. bc'ilndaries of the Car con-
tiguous real property in the manner provided by Sccnon 50 222. Idaho Cade; and
WHEREAS. Brian Bailey,, the owner of the real property situated m the rnincorperated area of Ada Cc un-
lv anal oarticula riy described n Exhibit "r, of this ordinance has requested, in writing, anneraticei of said
realraoe:ty to the City CO Eagle; and
WHEREAS. the owner cf the real property situated within the Ci13 of Eagle and particularly de=_crbed in
Eii1ib,l "A" of this ordinance ;•as requested, in wrd gig, a rezone from RIJT to R -C IResidenhal-Estatesl:
and
WHEREAS, the property described in Exhibit "A" is located at 2741 North Anaco tes Lane; and
WI IEREAS, the Planning and Zoning Commission of the City, pursuant to public notice as reueired by
law, held a public hearing on June 1/9, 2016, as foqu:ar-d by Section 67-6525. Idaho Cede. and made a
recommendation to the falavor and Corncil; and
WHEREAS. the Eagle City Ceuncil, pursuant to public notice as rewired by law. held a public hearing on
July 24. 2016, on the proposed annexation and 2noing for the real property described in Exhibit `A.as
required by Secoon 676525, Idaho Code. made findings and determined that the requested ann_xahon
should be ora:Aed and that a zoning classitIuation of R -E IRe,idential-Estatesl for the property described
in Exh:hit w' is appropriate to meet the requirements of Idaho CorI.a. Eagle City Codi' and the Earle
Comprehens:ve Plan and should be granted_
NOV.. THEREFORE, BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE CITY OF EAGLE. IDAHO, as
tel:0'r. s:
Section 1: The Ea.ele City Council hereby finds and declares that the real property particelarly descri
bed in Exhibit A. attachec hereao and incorporated herein by reference, is cr;ntiguous to the City, tnat
said oreonrty can be roosonabiy assumed t0 he used for the orderly development 01 t`'e C I•r, atilt that
the owner of said proper,' has requested, in writing. annexation ther eat to the City.
Section 2: T .e real property. all situated in Ada County. Idaho, adjacent and contiguous to the City,
earfcillarlj described in Exhibit "A" and as generally shc' n on Exhibit 'BT. attached her* to and included
reran by rcferenec, is hereby annexed tote incorporated torr:tcnal limits of the City of Eagle. Idaho
Section 3- The City Council hereby finds and determines that the re& property particuarly described in
Exhib:.t "A" and generally as shown on Exhibit "13", altaChet hereto and incorporated by reference, i5
hereby removed from the RUT ;R:IraILirbar. Transition; zoning ciassiteatinn and is hereby .nci:Jdad in the
R -E {Residential -Estates) zoning classit cat:on all pursuant to the Zoning Ordina-ce of the City of Eagle.
The City Couroil further finds and determines that said one change is In accordar'-ce with the Cagle
Comprehensive Plan and reie':ant City Codes and feat the Zoning tdsp of the City is hereby amended to
include the real property described In Exhibit "A" in the R -E zoning district.
Seder; 4 Froin and after the effective date of this Ordinance, all eror•-erly and persons within the
boundaries and territory described above shall he subject to al: rydinances, resolut:.rns, poli' a regula-
tions. taxation, and other powers of the City of Eagle.
Section 5. The City Ck •k s hereby directed to f•:alliin ter; :10) days of passage amd appruvai of lois
ordinance, a certified cofy of this Ordinance with thile. e offices of the Auditor, Treasurer, and Assessrr of
Ada Ccunty. Idaho. and ,With the Idaho tato Tax commission, Boise, Idem. as re '-red by Section 50-
223, Idaho Cods, and to curr'p:y with the rro'nsiono of Section 63.-215, Idaho Cade, with regard to the
prenaralicn and ii lig of a rriaf) and legal descriiltrpn of the real pronert'r annexed by this �r�ipy •
Section b: This Ordinance shall take effect and be in force from and after its pas=' pproValfatr
cubhr• cateoas required by Aim In lieu of publicaton of the entre ordnance, a surzy+i-- .thootgro ref+,
OI:ance with Section 50.901A, Idaho Code. may be published. ,e "g,
Esh biit'8 maybe reviewed during regular business hours at Eagle CityHall • yid°Cn_ @�gl
6.
DATED this 14th day of August 2018 o'
CITY COUNCIL OF THE CITY OF EAGLE
Ada County, Idaho • CO °
Stan Ridgeway, Mayer - ® •� D .T
ATTEST: Sharon Y. Bergmann, Eagle Crty Clerk - e i
Exhibit A• o°' U LIC
Legal Description for Annexation into the City of Etilt�� n,
a ,• k0
k �® r
Lot 1, 8IoLk 1 r 1 Anacortes Svodi'rision {Book 79 .of Plats al 'PaFieS 8426.8427f r p cart L Gi
ty, Idahr,) and a portion r,f the East 1/2 ni Gnvnrrement Lot 3 of Section 5. Township, -Piennirissr
Last• Bosse Meridian. Ada Ccunty. !dant, and being mere particularly described as folio.''(( .44s;-0,;eat
Curmrl=nogg 2l the northwest eelder of said Section 5, which nears S89`4010 -E a :ji �tsri'�e ui
2,653.`19 feet from the north 1/4 corner of said Section 5, thence following the r.-nrherly kr o' the
ilorthsrest 1/4 of said Secoon 5. N89'40'1C'E a distance of 1,990.20 feet to the POINT OF BEGIN
1INC.
Thence f011owin_q said northerly fine, N89'-10.10' E. a distance, of 335 56 feet;
Thence leaven said northeiI; line and foie ing the easterly line of sa.d Lot 1. 5010 1'D'15" E a dis-
tance of 683.90 feet to the southeast currier of said Lot 1;
Thence. leaving said eastery tine and folo'dng the sorithe:ly line of said Lor 1. S89'38 ' 0 7W a dis-
tance of 3.35 62 feet to the southwest corner co said Lot 1;
Thence leaving said southerly line arid following the westerly line of said Lot 1, ND10 09'56' W a dis-
CITY OF EAGLE
AUU 2 7 211W6
File:
Rnutn to
1 Amount Cols 1 Lines
8256.00 3 100
JANICE HILDRETH, 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 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.
Insertions
Beginning issue of 08/21/2018
Ending issue of. 08/21/2018
MU�t:717ibPiUU
kLegals Clerk)
STATE OF IDAHO )
COUNTY OF ADA )
SS
On this 22nd day of August 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.,
11i,t.„
Notary Public FOR Idaho
Residing at Boise, Idaho
My Commission expires E1
Yibitt
a
Lance of 684.11 feet to the POINT OF f3EGENNif.
Said parcel contains 5.269 acres, more or less, and is subject to all existing easements and/or rights-
of-way of record or implied.
Attached is EXHIBIT Band by this reference made a part of.
:Pesti. Aug. 21. 2018
6003812727.01