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Ordinance - 2018 - 799A - Correct/Bailey Annexation - 09/26/2018ADA COUNTY RECORDER Christopher D. Rich BOISE IDAHO Pgs=6 BONNIE OBERBILLIG EAGLE CITY 2018-094636 10105!201810:37 AM NO FEE IIIII'III lIlIlIlIlIlIlIlIl IIIII IIIIIIIIIII 11111 111 ORDINANCE NO. 799A (CORRECTION) 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 A -R (AGRICULTURAL - RESIDENTIAL); 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 A -R (Agricultural -Residential); 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 A -R (Agricultural - Residential) 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:ICOUNCILIDraft Ordinances\ORD 799A Bailcy.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 A -R (Agricultural -Residential) 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 A -R 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:ICOUNCILU)aft Ordinances\ORD 799A Ilailcy.doc DATED this 25th day of September 2018. CITY COUNCIL OF THE CITY OF EAGLE Ada County, Idaho Stan Ridgway, yor A TEST: _ %J. Sharon °••� tipG Lh• O� ATF' s ergmann, Eagle ity Clerk u 4. 0'46 'R STATE OF IDAHO ) : ss. County of Ada Z Q.' sTAT� 60*O On this 2.(u day of Selo krvtlo eY , in the year 2o(0. , before me, the undersigned, a Notary Public in and for said State, personally appeared SBE', known to me to be the MAYOR of said municipal corporation that executed this inst ume°nt 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 SMITH COMMISSION 4425743 NOTARY PUBLIC r STATE OIDAHO MY COMMISSION . J7�C Z Z__D Notary Public, Residing at: M1drl/e rLo My Commission Expires: -1 _ 20 Page 3 of 3 Km.f1CNCIl.\Urali 1 )rdr.,t \I ARI ) 799A Bailey do. km iq,�IHI �1��-11 plc' 9233WESTSTATE STREET 1 BOISE, ID 83714 1 208 .639.6939 1 FA X 208.639.6930 December 20, 2017 Project No.: 17-241 Exhibit A Legal Description for Annexation into theCityofEagle 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 ' 0 2"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 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. L. BAS 12.io.w `l ENGINEERS 1 SURVEYORS 1 PLANNERS w ww.kmengllp.com P:\17-241\CAD\SURVEY\EXHIBITS\17.241 ANNEXATION EXHIBIT.DWG, AARON BALLARD, 12/20/2017, KYOCERA TASKALFA 4SSOCI KX.PC3, 75 150 300 rium. POINT OF COMMENCEMENT NW CORNER SECTION 5 W. Beacon Light Rd. BASIS OF BEARING N89'40'10"E 2653.59' _ — 1990.20'335.56' 327.83' R/W R/W R/V! N 1/4 CORNER SECTION 5 -\ LEGEND BRASS CAP ALUMINUM CAP D CALCULATED POINT r'EZONE BOUNDARY — — GOV'T/SECTION LINE RIGHT-OF-WAY LINE RCH 1q►1hloiAq 11►LC ENGINEERS - SURVEYORS. PLANNERS 9233 WEST STATE STREET BOISE, IDAHO83714 PHONE (208) 6396939 FAX (208) 639-6930 DATE' PROJECT: 12-20-2017 SHEET: 1 OF 1 17-241 0o (O NO1'09'56"W POINT OF BEGINNING Total Annexation: 5.269± APN: R0389160100 S89'38'02"W 335.62' Ptarmigan Subdivision _S01 -10'15"E EN. Anacortes Lane (Private) Exhibit B - Annexation into the City of Eagle Brian and Jennifer Bailey 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 JVAHO PO Box 36 • Boise ID 83722-0410 State Tax Commission 800 Park Blvd., Plaza IV • Boise ID 83712-7742 December 3, 2018 Sharon Bergmann Eagle City Clerk P O Box 1520 Eagle, ID 83616 Subject: Ordinance No. ord._799A EAGLE (CITY) Dear Ms. Bergmann: RECEIVED & FILED CITY OF EAGLE DEC 0 6 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 http://tax.idaho.eov/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 TDD (800) 377-3529 5 Ordinance: ord._799A 9/25/2018 oz z 270 W Beacon Light Rd Beacon Rd Beacon Rd Legend Parcel Line O Eagle (City) District _ District Change Similar District I= Tax Code Area Other Annexations Coordinate Nystrm. NAI Mt Sbkrbne Idaho west YIPS 11113 rent NO.eTransrr, hierralnr Datum North Amrdnnth. Deer, M.reltan -11,500 unite rrorr us From: 2700000 To: 0050009 •—w-BeacSn (:Igh?j Rd 270 1614 821N 'I'6N R1W 1 I. ITGIIE J District I'SN'R2W I5N 121W FACT. ITY) 15N R1E Anx215 10/30/2018 T5N R2E� 14N 121E 100 200 300 400 Feet Ada County Eagle (City) 31 Area of Interest 32 270 TSN RIE X33 06 05-9 '14N 1211: 05 0 ns -i.25 0.5 ;utiles Geographic Information Systems Technical Support Bureau (208) 334-7750 This map is only a representation of the tax code area boundaries and should not be used for legal or surveying applications. 04 05.9 i� 0S-2; 120 IDA -JD Stave lea Commusem