Ordinance - 2018 - 803 - Annexation Riverfund Five Six Five - 08/28/2018ORI
ADA COUNTY RECORDER Christopher D. Rich 2018-084503
BOISE IDAHO Pgs=5 VICTORIA BAILEY 09/0612018 10:59 AM
EAGLE CITY NO FEE
111111111111 II I I I II I III I I II I IIIII I I I II I III I II I NI
ORDINANCE NO. 803
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 -4 -DA -P (RESIDENTIAL
WITH A DEVELOPMENT AGREEMENT — PUD); 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, MWDF Five Six Five Riverwalk, LLC, 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 -4 -
DA -P; and
WHEREAS, the property described in Exhibit "A" is located at 5335 West State Street; and
WHEREAS, the Planning and Zoning Commission of the City, pursuant to public notice as
required by law, held a public hearing on May 16, 2016, 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 June 28, 2016, 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 -4 -DA -P 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:\COUKCILUhah Orilinixxs\ORI) 803 Ri%ertund live Six Fivr.Jox
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 -4 -DA -P (Residential with a development
agreement — PUD) 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 -4 -DA -P 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:ICOUNCIIADra1i OrdinanccssORD 803 Rivrr1'und I i i Six Fivr.doc
DATED this 28th day of August 2018.
CITY COUNCIL OF THE CITY OF EAGLE
Ada County, Idaho
72X
Stan Ridgeway, Mayor
ATTEST:
ry4--c�1�
Sharon K. Bergmann, Eagle ity Clerk
STATE OF IDAHO
County of Ada )
On this /9 day of
SS.
elan , in the ycaPIU/r , before me, the undersigned, a
Notary Public in and for sat tate, personally appeared STAN RIDGEWAY, known to me to he
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 al fixcd my official seal the day and year
first written.
TRACY E. OSBORN
NOTARY PUBLIC
STATE OF IDAHO
Notary Pul
Residing
(17rA
My Commission Expires: D/I'I/o2-/e/- )
Page 3 of 3
K V:1)1. \l II \I hall t>rdrrun...U>RI) Sol Ri,rr fund I r�r tin 1 nc dew
December 15, 2015
Project No. 115186
Exhibit "A"
HELTON/NORD ANNEXATION DESCRIPTION
Page 1 of 1
I RECEIVED & FILED
CITY OF EAGLE
FEB 2 9 2016
File:
= Route trr,
A parcel of land located in the Southeast One Quarter of Section 11 and the Northeast One Quarter
of Section 14, Township 4 North, Range 1 West, Boise Meridian, Ada County, Idaho, more
particularly described as follows:
Commencing at the Section Corner common to Sections 11, 12, 13 and 14 of said Township 4 North,
Range 1 West, (from which point the East One Quarter Corner of said Section 11 bears North
00°49'22" East a distance of 2645.46 feet distant);
Thence from said Section Corner, South 75°31'08" West a distance of 1521.45 feet to the POINT OF
BEGINNING;
Thence South 82°35'37" West a distance of 233.80 feet;
Thence North 00°44'37" East a distance of 401.48 feet;
Thence South 89°51'03" East a distance of 36.90 feet;
Thence North 04°45'23" West a distance of 384.10 feet to a point on the southerly right of
way line of West State Street (State Highway 44);
Thence North 14°45'26" West a distance of 60.00 feet to the centerline of West State Street
(State Highway 44);
Thence 55.44 feet on the arc of a curve to the left, said curve having a radius of 13,750.99
feet, a central angle of 00°13"52", a chord bearing of North 75°07'38" East, and a chord
distance of 55.44 feet on said centerline;
Thence North 75°00'56" East a distance of 195.86 feet on said centerline;
Thence leaving said centerline, South 00°23'11" West a distance of 876.91 feet to the point
of beginning.
The above-described parcel contains 4.38 acres more or less.
Prepared By:
THE LAND GROUP, INC.
James R. Washburn
0
• www.theIaticif;rnupinc.cnrn
Situated in a portion of the SE 1/4 01 M:ac.[Ion 11, and the NE 114 of Section 14,
Township 4 North. Range 1 West, B M
Ada County, Idaho
2014
SEGMENT
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RECEIVED & FILED
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4.3e Acres±
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LENGTH i RADJS oiA /� CHORD LENGTH iCHORD E31. MING
55 44' 13/50 99 { 013.52' 44' N75'01'3v"E
ENGINEER/SURVEYOR PROJECT INFORMA1ION
THE LAND GROUP, INC.
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Home Capital resources
Helton/Nord Annexation
Ada County, Idaho
Scale 1" = 200'
11/01/2015
112143
Exhibit B
J
Idaho Statesman
the flarsapapur u 11ha'lrras.uro Vulicy
1 OA11.0STATCSMAr1.COM
PO Box 40, Boise, ID 83707-0040
Account #
263905
Ad Number
0003836060
LEGAL PROOF OF PUBLICATION
ILEGAL NOTICE ORDINANCE NO. 803 AN OR[ I ORD 803
Identification 1 PO
Attention: TRACY OSBORN
CITY OF EAGLE / LEGALS
660 CIVIC LANE
EAGLE, ID 83616
RECE)VEL;
CITY OF EAGLE
RP 2018
File:
Route to•_. -.
LEGAL NOTICE
ORDINANCE NO. 803
AN O RD9N.Ar'ICE ANNEXING CERTAIN REAL PROPER1Y SITUATED IN THE: UNf 1CORPORNIED AREA OF
ADA COUNTY, 10.41-10, AND CONT'c"nI c TO TI -IE CORPORATE WITS OF THE CITY OF EAGLE, TO THE
CITY OF EAGLE IDAHO: CHANGING THE ZONING CLASSIFICATION OF SAID REAL PROPf.RTY DESCRI-
BED HEREIN FROM RUT ; RURAL•URB4NI TRANSITION) TO R -4 -DA -P i9RESIDENTiAL WITH A DEVELOPMENT
.AGREEMENT - PtJDI; AMENDING THE ZONING MAP OF THE CITY OF EAGLE TO REFLECT SAID CHANGE;
DIRECTING THAT COPIES OF THIS ORDINANCE; 13E FILED AS PROVIDED BY I.A'.'r': AND PROVIDING AN EF-
FECTIVE DME.
WHEREAS, the Citi' of Eagle, Idaho is a municipal corporation orhaniaed and operating under the laws
of the State of Idaho and is authorized to annex to and incorporate within the bcaandaries of the City con -
tenons real property in the manner provided by Section 50.222, Idaho Code; and
V I-lcRF.AS. at'wnr live. Sir, Five Riverwalk, LLG, the owner of (he real property situated in the unincorpo-
rated area of Ada County and particularly described in Exhibit "A" of this ordinance has requested, in
writing, annexation of sand real property to the City of Eagce; and
"WHEREAS. the owner of the real properly situated within the City of Eagle and particularly described in
Exhibit "A" at this ordinance has requested, m writing, a rezone from RUT to 12t4-DA•P; and
WHEREAS, the property described in Exhibit "A' is located at 533514'est State Street; and
WHEREAS, the Planning and Zoning Commission of the City, pursuant to public notice as required by
law, held a public bearing on May 16, 2016, a, required by Seet:on 67-6525, Idaho Code, and mare 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
Juno 28, 2016, on the proposed annexation and toning for the foal property described in Exhibit "A4' as
fequirred by Section 6Y-6525, Idaho Code, made findings and determined that the requested annexation
should I>e granted and that a zoning cfassifrcatron of R-4OA-P for the property described o Exhibit "A" is
appropriate to meet tce :requirements of Idaho Code, Eagle City Code and the Eagle Comprehensive
Man and should be granted.
NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE CITY OF EAGLE, IDAHO, as
follows'
Section 1: rhe Eagle City Council hereby finds and declares that the real property particular) descri-
bed in Exhibit'A', attached hereto and incorporated herein by reference, is contiguous to the City, that
said property can be reasonably assumetf to he used for theorderly fleveloprnent of the City, and that
the owrc,•er of said property has requested, In writing. annexation thereof to the City
Section 2: The real property, all situated iri Ada County, Idaho, adjacent arid contiguous to the City.
panicutartyr described in Exhibit "A" and as generally shown on Eyhibit'11' , attached here to and included
herein by reference, is hereby annexed to the incorporated territorial limits of me 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 "P", attached hereto, and incorporated by reference, is
hereby removed ed from the RUT (f iral•Urban Transition} zoning ctassilicatioa and is hereby included in the
R-4•D.rrP (Residential with a development agreement - PUD) zoning classification all pursuant to the Zon-
ing Ordinance of the City of Eagle. The Cay Council further finds and determines thatsaid zone change
is in accordance with the Eagle Comprehensive Plan and relevant City Codes and that the Zoning ?.lap on
the City is hereby arnended to include the real property described in Exhibit "A" in ttie R -4 -DA zoning
•tlislreCt.
Sector?. 4: from and 31 er the effective date of this Ordinance. all property and persons within the
boundaries and territory deserted above shall be subject to at ordinances, resolutions, police regula-
tions, taxation, and other. powers of the City of Eagle.
Section 5' Tto City Cletk is hereby directed to tic within tiro d10) days of passage and approval of this
'Ordinance, a certified copy •of this Ordinance with the offices of the.Auditor, treasurer, and Assesses of
Ada County, Idaho, and with the Idaho. State Tax commission, Boise, Idaho, as requared by Section 50-
223, Idaho Code, and to comply tnth the provisions of Section 63-215, Idaho Code, with regard to the
preparation and ilrling of a reap and legal description of the real property annexed by this Ordinance.
Section 6, This Ordinance sihall take effect anis be in force from and after its passage. approval, and
,nublioation as required by aaw. In lieu of publication of the entire ordinance, n summary thereof in comm
plrance with Section 50 901A, Idaho Code, may be published.
Exhibit B May be viewed at Engle City Hall 660 E. Civic :Lane Eagle, Idaho during tegtilar business
hours.
OArEDthis 28th dayof August 2018. °
CITY COUNCIL OF TE CITY OF EAGLE
Ada County, Idaho ' Stan Ridgeway. Mayer
ATTEST: Sharon K. Bergmann, Eagle City Clerk
ORDINANCE 803
EXHIBIT A
HELTON/NORI3 ANNEXATION DESCRIPTION
December 15, 2015
Project No. 115186
n •;i.
,rt a0
A parcel of land: located in the Southeast On.e Quarter of Section 11 and the Northeast One,Qvarte>r of
Section 14, Township 4 Norton, Range 1 West, Boise Meridian, Ada County, Idaho, more paitictdarty de-
scribed as follows:
Commencing at the Section Comer common to Sections 11, 12, 13 and 14 of said Township 4 North,
Range 1 West, (front which point the East One Quarter Corner of said Section 11 bears North
00",19'22" East a distance, of 2645.46 feet distant)'
Thence from said Section Corner, South 15`31'08" West a distance of 1521.45 feet to the POINT OF
BEGINNING;
Amount 1 Cols
5289.04 3
Lines j
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:
1 Insertions
Beginning issue of. 09105/2018
Ending issue of: 09/0512018
f�¢gals Clerk)
STATE OF IDAHO )
COUNTY OF ADA )
On this 5th day of September 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.
SS
(L kA.. -�
;Notary Public FOR Idaho
:Residing at: Boise, Idaho
My Commission expires' -6
,t
Thence Cotrth 82"35'7" Wes a distance 01233.80 feet:
Thence North 00e44'37" East a distance of 402,48 feet;
Thence South 89'51'03" East a distance of 36.90 feet;
Thence North 04"45'23" West a distance of 384.10 feet to a paint on the southerly right of way tine of
West State Street (State Highway 44);
Thence North 14°45'26" West a distance of 60.00 feet to the centerline of West State Street (State
:Highway 44);
Thence 55.44 feet on the arc of a curve to the left. said curve having a radius nt 13,750.99 feet, a
central angle of 00°13"52", a chord bearing of North 75°07'38" East. and a chord distance of 55.44
*feet on sard centerline;
Thence North 75"O0'56" East a distance of 195.86 feet on said centerline'
Thence leaving sard centerline, South 00°23'11' West a distance of 876.91 feet to the point of begin -
ming.
The ahove.described parcel contains 4.38 acres more or less.
Prepared By: THE LAND GROUP, INC.
James R. Washbuto
Pub. Sept. 5, 2018
3003836060.01
UAHO
PO Box 36 • Boise ID 83722-0410
State Tax Commission 800 Park Blvd., Plaza IV • Boise ID 83712-7742
October 26, 2018
Sharon Bergmann
Eagle City Clerk
P O Box 1520
Eagle, ID 83616
Subject: Ordinance No. ord._803 EAGLE (CITY)
Dear Ms. Bergmann:
RECEIVLO
CITY OF EAGLE
NOV 0 2 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
map 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.aov/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 • taxidaho.gov • Hearing Impaired TOD (800) 377-3529
IOU
Or inance: orilf_803
/29/20113
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Legend
- Parcel Line = Eagle (City) District
I= District Change EJ Similar District
Tax Code Area Other Annexations
Croorell nate System
Sy.t.,-NA0 l5015tattleare 1600. West MIK 11111Yeer
Proor0ort Tranweese Mew -1w
Datum North Ame-IcAn 13
Crete, leenclun -115 7500
Una, FP. US
Ada County
Eagle (City)
GIS Staff
Technical Support Bureau
(208) 334-7750
This map is only a representation of the tax code area
boundaries and should not he used for legal or
surveying applications
Slate 12( Commas on