Ordinance - 2023 - 908 - Route 44 Crossing Subdivision Annexation And Rezone - 09/26/2023 ADA COUNTY RECORDER Trent Tripple 2023-057959
BOISE IDAHO Pgs=8 BONNIE OBERBILLIG 10/11/2023 12:35 PM
CITY OF EAGLE, IDAHO NO FEE
ORDINANCE NO. 908
AN ORDINANCE ANNIT"XING CERTAIN REAL PROPERTY SITUA.TFD rN THE
UNTINCOR-PORATED AREA OF ADA COUNTY, IDAHO, AND CONTIGUOUS TO T11-11"
CORI)ORATELIMITS OF THE CITY OF EIAGLIH, -1-0 THE CITY OF EAGLE, IDAHO;
CHANGfNGTHE ZONING CLASSIFICATION OF SAID REAL, PROPERTY DESCRIBEID
HEREIN-1 FROM RI (ESTATE RESIDENTIAL --- AEA COUNTY DESIGNATION),. C2
(COMMUN"ITY COMMEIRCIAL --- ADA couNTY DESIGNNATIONI ), AN[) C-I-DA
(NEIGHBORI-1.001) BUSINESS DISTRICT WITH A DEVEWPMENT AGREEMENT) TO
C_I-DA-P (NEIGYI-IBORHOOD BUSIN'ESS DISTRICT W-IT14 A DEVELOPNIENT
AGREEMENT — IUD); AMFN-Dl-,N-G THE ZONING MAP OF THE CITY OF EAC31F TO
REFLECT SAID CHANGE; DIRECTING TILE COPIES CIS` THIS ()RDINANCE BE FILED
AS PROVIDED BY f,AW; PROVIDING A. S.11"VEIRABILITY CLAUSE; AND PROVIDING
AN EFFECTIVE DATE.
WHEREAS, the City of Eagle, Idaho is a niunicipal 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-'2221, Idaho Code; and
W-HEIR13A.S. ES 5.0, LLC arid ES 7.7, LLC, the owners 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
1-1 ib
WI-1 EREAS, the property described in Exhi it "A" is identified by the Ada County Assessor's
Office as tax parcel numbers S04123150;00 and S041 2346940; and
WHEREAS, tile owners of the real property situated within the City of Eagle and particularly
described in. Exhibit "C'" of this ordinance has requested, in writing, a rezone from. Ill and C2
(Estate Residential and Cominunity Corarnercial — Ada County designations) and C-l-DA
(Neighborhood Business District with a development agreement) to C-I-Ida-11 (Neighborhood
Business District with a development agreement—PUD); and
WHEREAS, the property described in Exhibit "C" is identified by the Ada County Assessor's
Office as tax parcel numbers S0412325460, S0412325457, R1527450111, R4527450120,
S0412346940.1 and S0412315000; and
Page I of 3
X TOLTINCAL'Omft Owm.n,�`,ORD 9,08 ROUT E 44 CRO SS[N,5_,W
WHEIZEAS, (lie Planning and Zoning Commission of the City, pursuant to public notice as
required by law, lield a public hearing on September 7, /2'021, 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 October 216, 20211, on the proposed annexation described in Exhibit "A" and zoning
for the real property described it., Exhibit "C" as required by Section 67-6525, Idaho Code, made
findings and determined that the requested xminexation should be granted and that a zoning
classification of C-l-DA.-P for the property described in Exhibit "C" is appropriate to meet the
requirements of Idaho Code, Eagle City Code and the Eagle Comprehensive Plan and Should be
g, rit —
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NOW, TfIEREFORE, BE IT ORDAINED 13Y THE MAYOR AND COUN.11CIL 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 developu-tent of
the City, and that the owner of said property has requested, in writing, annexation thereof to the
pity
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, Idalio.
Section 3- The City Council hereby finds and determine's that the real property particularly
described in Exhibit "C" and generally as shown on Exhibit "D", attac
I hed hereto and
incoiporated by reference, is hereby rernoved from the RI and C2 (Estate Izesidential anc,
Community Commercial -- Ada County designations) and C-1-DA (,,Neighborhood Business
District Mill a agreement)
development
I -ent) zoning classifications find is hereby included in the C-1-
DA-P (Neighborhood lushness District with a development agreement --- PUD) zoning
classification all pursuant to the Zoning Ordinance of the City of Eagle, The City Council
further {finds and de-tffniines that said zone change is in accordance with the Eagle
Comprehensive Plan and relevant City Codes and that the Zoning Mal) of the City is hereby
arnerided to include the real property described in Exhibit "C" in the C-I-DA-P (Neighborhood
Business District with a development agreemelit, --PUD) zoning district,
Section 4: From and after the effective elate 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 circumstail.ce is
declared invalid for any reason, -iuch declaration shall not af c't the validity of remaining
portions of this ordinance.
Pate 2 of 3
Oidim xl,�WD 90'ROUT$44 CROSSIN6,doc
Section 6. The Cit Clerk is hereby directed to file, within ten (10) days of passage and
Y
approval of this Ordinance, a certified COPY Of this Orditiance with the offices of the Auditor,
1'reasurer, and Assessor of Ada County, Idaho, and with the Idaho State Tax comn-iission, Boise,
Idaho, as required by Section 50-223, Idaho Code, and to Comply with the provisions of Section
631-215, Idaho Code, with regard to the preparation and filing of a map and legal description of
the real property annexed by this Ordinance.
Section 7: This Ordinance shall take effect and be in force from and after its passage, approval,
and publication as required by law. In lieu of publication of the entire ordinance, a summary
thereof in compliance with Section 50-901A, Idaho Code, may be published.
DATED this 26th day of September 2023.
CITY COUINCIL. OF THE CITY OF EAGLE
Ada County, Idaho
Jason ierc , Imayor
sm
ATTEST:
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nE. tabrn, Eagle City Clerk-
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STATE OF IDAHO )
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County of Ada
On.this -1.1 day of in the year before me, the undersigned, a
Notary Public in and.for nally appeared JASON PIERCE, known to me to be the
MAYOR of said municipal corporation that executed this instrument and the persons who
executed the said instrument On behalf of said corporation, and acknowledged to me that such
corporation executed the same.
In witness whereof, I un havQqreto set i-ny hand and affixed my official seal the day and year
first written, csof*$*
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K'\C'0U1NC1L',Draft On'qan�,�,�OFD 909 ROUiT 44CROSSIN,
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LAND SURV
State Highway 44& Linder
Date. June 5, 2023
Job No.: 1919
ANNEXATION DESCRIPTION
The following Describes a Parcel of Land lying in a portion of the SW 1r4 of Section 12, Township
4 forth, Range 1 West, Boise Meridian, City of Eagle, Ada County Idaho and more particularly
described as follows:
BEGINNING at the Northwest Corner of the SE 1/4 SW 1/4 Southwest 1/16 Corner) of said
Section '12, which is being Monurnented with a PK nail, from which, the West 1f4 Corner of
said Section 12, which is being Monurnented with a found Aluminum Cap, bears forth
44°28'41"West, 1,866.39 feet;
Thence North. 00'38'15" East 360.84 feet to the Southerly Right of Way of the Middleton Canal as
shown on Record of Surrey Inst. No. 8086 on file with Ada County, from which a found 1-
1/4 inch brass dish witness corner„ stamped "PPS 3 77" bears South 00'3 '15" West a
distance of 16.00 feet;
Thence, along said Canal, South 59'01'41" East, 360.23 feet to a found 5/8 inch diameter iron pin
with plastic cap stamped *'PLS 9366'
Thence leaving said Canal„ South '10a1 '23" West, 180.25 feet to a found ;8 inch diameter iron
pin with plastic cap stamped `PLS 3577";
Thence, South 10007' 6" West, 146.32 feet to a found 3l8 inch diameter iron pin with plastic cap
stamped °`P S 1344 " marking the Northerly Fight of Way of State Highway 44;
Thence leaving said light of Way and continuing, South 10'07" 6Y West, 62.90 feet to the Center
lire of State Highway 44 and also being the beginning of a non-tangent curve to the left;
Thence, along the Center line of said State Highway 44 a distance of 274.44 feet along the arc of
said curare left, having a radius of 22,918.31 feet, a central angle of 00"41'10", the long chord of
which beam South 82'17'41"West., a distance of 274.44 feet.
Thence departing said Centerline forth 00°38'1 " East, 60.69 feet to the Northerly Fight of Way of
said Mate Highway 44;
Thence leaving said light of way and continuing forth 00'38'1 " East, 184.23 feet;
Whence South 89°36'07" East, 25.10 fleet to the POINT OF BEGINNING.
The above Described Parcel of land contains 3.34 Ass„ more or less.
623 11th Ave. So-ath, Nampa, ID 83651 T. (208)442-01 t5 C, "208) 608-25 10 , rgray.d1s@g.n�a.il,com
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EXHIBIT #fB##
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City of Eagle Annexation East Property /5/20 2:3L
o inch 1 . 219 ev Annexation - -20 3. dp
Try 1:3.34 ir:res,145174 6q.F ,,. ,t ssur :n?2.1 15 .E31 ft. (1'1138 t),4`ar err ?n r=? #,
6 i POOL 381 NW84 08,M.3815e 184.2
?02 s59.0141e 360.23 09 s89.36,7e 25.1
03 s1O.1223w 18025
;45 s10,0756W 62.9
<06 Lt,r='229'48.31,defta=000.411 10,c3?cwd=sg2.1741w 274.44
tb7 m-10,3815e 60.69
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State Highway 44& Linder
Date: May 31, 2023
Job No.: 1919
REZONE DESCRIPTION
CRIPTION
The following Describes a Parcel of Land being a portion of Lot 1 and Lot 2 of Compton Andrews
Tract as on file in Book 5 of Plats at Page 223 in the Office of the recorder of Ada County, Idaho,
and a portion of the S 1l4 of Section 12, Township 4. Forth, Mange 1 'Vest, Boise Meridian, City
of Eagle, Ada County Idaho and more particularly described as follows:
COMMENCING at the Northwest Corner of the SW 114 (West 1/4 Corner) of said Section 12,
which is being Monurnented with a found Aluminum Cap; From which, the Center 1/4
Corner of said Section 12, which is being Monumented with a found Aluminum Cap, bears
;south 89'20'30" East, 2,644.79 feet,
Thence, along the West boundary of said tikif7rf 1i4, South 0'49"21"' West, 983.19 feet to a point
marking the South boundary prolongation of Sedona Creek Subdivision as can file in Book
86 of flats at Page 9715 in the Office of the recorder of Ada County, Idaho;
Thence along said prolongation and South boundary, South 89"21'57" East, 147.00 feet to the
POINT OF BEGINNING;
ING;
Thence, continuing along said South boundary of said Sedona Creek Subdivision the following
courses and distances.
Thence, South 89"21'57" East, 327.96 feet to a found 5/8 inch diameter iron pin with plastic cap
stamped"PLS 4116";
Thence, South 00'3 '54" Vest, 268.01 feet to a found 5/8 inch diameter iron pin with plastic cap
stamped "PLS 411 6";
Thence, South 89°21'24" East, 850.50 feet to a found 5/8 inch diameter iron pin with plastic cap
stamped"PLS 4116" marking the Southeast corner of said Sedona Creek subdivision;
Thence, along the ;Mast boundary of said Sedona Creek Subdivision, North 00'38''15" East 295.02
feet to the southerly Right of Way of the Middleton 'Canal as shown on record of Surrey
Inst, No. 8086 on file with Ada County, from which a found 1-1;4inch brass dish witness
corner, stamped "PLS 3577" bears South 00'38'15" West a distance of 16,00 feet;
Thence, along said Canal, South 59'01'41" East, 3.60.23 feet to a found 5,8 inch diameter iron pin
with plastic cap stamped "PLS 936 ";
Thence, South 10012'23" West, 180.25 feet to a point to a found 5:8 inch diameter iron pin with
plastic cap stamped "PLS 2577;
Thence, South 10007'56" Vest, 146.32 feet to a found 5/8 inch diameter iron pin with plastic cap
stamped "PLS 13446" marking the Northerly Fight of Way of State Highway 44;
623 1 lth Ave. SS€uth,':arnpa., ID 83165 - T. (208"442-0115 C. 1208) 608-2510, rgray.clse@,gmaiI.com
CompAssLAIVD SlYRPEYING.FLLC
Kirnley-Hom-Job No I 919\Sur%,ey\,Descri�iions\Rezoie.doe
Page 2 of 2
Thence leaving said Right of Way and continuing, South 10007'56" West, 62.92 feet to the Center
line of State Highway 44 and also being the beginning of a non-tangent curve to the left:
Thence, along said Center line, a distance of 1599.25 feet along the arc of said Curve left, having a
radius of 22,918.31 feet, a central angle of 03'59'19", the long chord of which bears South
80"38'19"West., a distance of 1598.93 feet to a point marking the Westerly boundary of the SW
1/4 of said Section 12;
Thence departing said Centerline and along the Westerly boundary of the SW 1/4 of said Section
12, North 00*4921" East, 769.48 feet;
Thence leaving said Westerly boundary, South 89'2938" East, 47.00 feet to the Easterly Right of
Way of N. Linder Road;
Thence leaving said Right of Way, South 89'20'38" East, 100.00 feet;
Thence parallel with the Westerly Boundary of said SW 1/4, North 00'49'21" East, 47.28 feet to the
POINT OF BEGINNING.
The above Described Parcel of Land contains 18.80 Acres, more or less.
623 1 Ith Ave. South,Nampa, ID 83651 1 T. (2-08)4/1-2-01 15 ;C, (208) 608-2-5 10 - rgray,c1s@gmaiLzo,.n
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1919 Rezone Route 44 Crossing
T,�r/31/20T3
;Scale. I €nch= 220 feet IFile;
o r 4U:1: 18,8026 Acres,Closure:n26.19 35e 0.02€E.01241854),Pe,im
'01 s89.2157e 327.96 10 n-W.4921e 769.48
;!02 sOG.3654w 259 01 11 s89.26 8e 4 i
�03 s69.2124e 850.5 12 sn9.2038o 1176
'�04 i;00.3815e 295.02 13 n00,4921e 47.28
95 s,%,O 14 i e 3W 23
06sIG,I 'w 180.25
07 sl#.£756w 146.32
:06 s'I0.C756w 62.92
'iti' ^r '?C ..om.„.fS. zr„•f:� rs:..ctgr- c,.;j 'd.�Cz': ,,........,..........�..,.,.. - ,
RECEIVED&FILED
I1D/ FKD CITY OF EAGLE
PO Box 36 • Boise ID 83722-0410 State Tax Commission 11321 W Chinden Blvd • Boise ID 83714-1021 JAN 2 Z 2024
File:
Route to:
January 17, 2024
Tracy Osborn
Eagle City Clerk
P 0 Box 1520
Eagle, ID 83616
Subject: Ordinance No. ord._908 EAGLE (CITY)
Dear Tracy Osborn:
The Idaho State Tax Commission(ISTC)received the documentation that was provided for the
annexation of real property in EAGLE (CITY), for tax year 2024. 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 https://tax.idaho.gov/distchanges.
Sincerely,
Geographic Information Systems Division
Technical Support Bureau
Idaho State Tax Commission
Phone (208) 334-7750
Email gis@tax.idaho.gov
CC:
Rebecca W Arnold, Ada County Assessor
Trent Tripple, Ada County Clerk
Equal Opportunity Employer • tax.idaho.gov • Hearing Impaired TDD(800)377-3529
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