Ordinance - 1995 - 260 - Amend Zoning Map Classification - 06/13/1995ORIGINAL
ORDINANCE 260
AN ORDINANCE CHANGING THE ZONING CLASSIFICATION OF THE REAL
PROPERTY DESCRIBED HEREIN FROM THE A (AGRICULTURAL DISTRICT) TO R2
(RESIDENTIAL DISTRICT); AMENDING THE ZONING MAP OF THE CITY OF
EAGLE TO REFLECT SAID CHANGE; AND PROVIDING EFFECTIVE DATE.
WHEREAS, the real property particularly described in Section 2
hereinafter is presently included in the A (Agricultural District)
under the zoning ordinance of the City of Eagle, and the owner
thereof has requested a change of the zoning classification of said
property to the R2 (Residential District); and
WHEREAS, the Planning and Zoning Commission of the City met, on
March 20, 1995, pursuant to public notice as required by law, and
held a public hearing on the requested zone change, made findings
and conclusions, and recommended to the City Council approval of
the requested change in zoning classification; and
WHEREAS, the City Council of the City of Eagle met, on April 25,
1995 and May 9, 1995, pursuant to public notice as required by law,
and held a public hearing on the requested zone change, made
findings and conclusions as required by law, and determined that
the requested zone change should be granted.
NOW THEREFORE, BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE CITY
OF EAGLE, IDAHO, AS FOLLOWS:
Section 1: The City Council hereby finds and determines that it
is in the best interests of the public health, safety, and welfare
of the City of Eagle and the residents and property therein that
the real property particularly described in Section 2 below be
removed from the A (Agricultural District) and be included in the
R2 (Residential District), pursuant to the Zoning Ordinance of the
City of Eagle. The City Council further finds and determines that
said zone change is in conformance with the Comprehensive Plan of
the City of Eagle.
Section 2: The described real property, attached as Exhibit
"A", a legal description and official map, all situated in the City
of Eagle, Ada County, Idaho is hereby removed from the A
(AGRICULTURAL DISTRICT) classification and included in the R2
(RESIDENTIAL DISTRICT) classification.
Section 3: The official Zoning Map of the City of Eagle, Idaho,
is hereby amended to reflect the foregoing change in zoning
classification.
Section 4: This ordinance shall take effect and be in force
from and after its passage, approval and one (1) publication of the
ordinance in the official newspaper of the City.
DATED this 13 day of June, 1995.
CITY OF EAGLE
ADA COUNTY, IDAHO
STEVE GUERBER, MAYOR
ATTEST:
t 9
�c1Y .
BARBARA MONTGOMERY,
"EXHIBIT A"
A DESCRIPTION OF THE STREAMSIDE SUBDIVISION
A parcel of land being a portion of Government Lots 2, 3 and 4 lying south of the South Channel of
the Boise River together with any accretion land lying adjacent to Government Lots, 2, 3 and 4 in
Section 20, T.4N., R.1E., B.M., Eagle, Ada County, Idaho and more particularly described as
follows:
COMMENCING at the northeast corner of said Section 20, T.4N., R.1E., B.M., Eagle, Ada County,
Idaho; thence along the easterly boundary of the northeast '4 said Section 20 S.01 ° 12'58 "W. ,
1,169.12 feet to a point; thence leaving said easterly boundary N.88°47'02" W., 33.00 feet to a point
marking the westerly right-of-way of Eagle Road; thence leaving said westerly right-of-way of Eagle
Road and along the southerly line of a private road as described in Abstract of Judgement Instrument
No. 8245559, Case No. 61059; S.88°30'14"W., 383.76 feet to a point; thence S.78°29'42"W.,
225.20 feet to a point; thence 5.54°24'41"W., 245.54 feet to a point; thence 5.67°38'05"W, 355.09
feet to a point; thence S.79° 11'07"W., 201.21 feet to the POINT OF BEGINNING; thence leaving
said southerly line of a private road S.00°06'45"E., 47.70 feet to a point, said point being on the High
Water Line of the South Slough; thence along the High Water Line of the said South Slough the
following courses: N.80°18'00"W., 186.83 feet; N.86°24'50"W., 97.06 feet; N.66°19'30"W.,
162.79 feet; N.82°24' 10"W., 191.38 feet; N.75°51'30"W., 201.83 feet; N.86°43'40"W, 150.34
feet; S.83°42'30"W, 102.98 feet; N.86°05'50"W., 253.47 feet; N.64°52'20"W., 131.53 feet;
N.74°53'50"W., 82.07 feet; 5.78°10'10"W., 67.76 feet; N.86°38'20"W., 160.00 feet;
N.68°40'10"W., 164.22 feet; N.55°58'00"W., 281.26 feet; N.46°15'10"W., 81.16 feet;
N.57°33'40"W., 181.45 feet; N.73°14'00"W., 148.57 feet; S.87°39'00"W., 128.26 feet;
N.72°08'00"W., 110.01 feet; N.50°14'30"W., 105.79 feet; N.17°13'00"W., 116.80 feet;
N.32°16'20"W., 138.27 feet; N.22°31'00"W., 54.36 feet; thence N.41°23'15"W., 109.22 feet to the
point of intersection of the South Slough with the southerly meander line of the South Channel of the
Boise River as established by the Idaho Department of Lands in April 1993; thence along the said
southerly meander line of the South Channel of the Boise River the following courses:
N.89°30'52"E., 40.62 feet; S.74°05'28"E., 90.57 feet; S.52°38'11"E., 158.77 feet; S.65°54'43"E„
49.96 feet; S.45°15'16"E., 70.27 feet; S.69°03'29"E., 164.51 feet; N.70°09'52"E., 70.00 feet;
N.84°52'33"E., 103.86 feet; N.77°58'44"E., 215.06 feet; N.81°23'37"E., 103.08 feet;
N.82°30'10"E., 202.31 feet; N.80°40'41"E., 163.92 feet; N.48°45'30"E., 146:10 feet;
S.70°11'38"E., 148.85 feet;. S.74°18'12"E., 144.17 feet; 5.70°33'00"E., 140.12 feet;
S.49°05'09"E., 76.41 feet; S.82°27'47"E., 308.45 feet; N.75°45'16"E., 92.27 feet; N.22°30'21"E.,
55.88 feet; N.44°46'07"E., 74.92 feet; N.18°50'51"E., 143.40 feet; N.38°51'28"E., 108.44 feet;
N.36°32'21" E., 266.32 feet; thence N.56°26'33"E., 161.16 feet to a point on the northerly boundary
of Government Lot 2; thence along the northerly boundary of said Lot 2 N.88°45'33"E., 247.86 feet
to the northeast corner of said Lot 2; thence along the easterly boundary of Government Lot 2
S.01 °48' 16"W., 1,510.32 feet to a point on the southerly boundary of a private road as described in
Abstract of Judgement Instrument No. 8245559, Case No. 61059; thence along said southerly
boundary S.79°11'07"W., 1.57 feet to the POINT OF BEGINNING.
Said parcel containing 51.30 acres, more or less.
This description was prepared from a Record of Survey No. 2526.
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CITY of AGLE
County of Ada
State of Idaho
PROOF OF PUBLICATION
Tere Foley, being first duly sworn, on oath says she
is the principal clerk of The Valley News -Times, a
newspaper ofgenerai circulation, published weekly
at Meridian, County of Ada, State of Idaho;
That the annexed notice was published in said
newspaper once each and every week for
consecutive weeks, first publication being on the
a; day of
,19?
That the said newspaper has been published
continuously and uninterruptedly in said county
during a period of more than seventy-eight
consecutive weeks prior to the first publication of
the attached notice.
Principal Clerk
Subscribed and sworn before me this 25- day
Residence:
My commission expires:
(SEAL)
_NetgriPublic
24:31:7(2_
(SEAL) Q -
ORDINANCE 260
AN ORDINANCE CHANGING THE ZONING CLASSIFICATION OF THE
REAL PROPERTY DESCRIBED HEREIN FROM THE A (AGRICULTURAL
DISTRICT) TO R2 (RESIDENTIAL DISTRICT); AMENDING THE ZONING
MAP OF THE CITY OF EAGLE TO REFLECT SAID CHANGE; AND
PROVIDING EFFECTIVE DATE.
WHEREAS, the real property particularly described in Section 2 hereinafter is
presently included in the A (Agricultural District) underthe zoning ordinance of the
City of Eagle, and the owner thereof has requested a change of the zoning
classification of said property to the R2 (Residential District); and
WHEREAS, the Planning and Zoning Commission of the City met, on March 20,
1995, pursuant to public notice as required by law, and held a public hearing on the
requested zone change, made fundings and conclusions, and recommended to the
City Council approval of the requested change in zoning classification; and
WHEREAS, the City Council of the City of Eagle met, on April 25,1995 and May
9, 1995, pursuant to public notice as required by law and held a public hearing on
the requested zone change, made findings and conclusions as required by law, and
determined that the requested zone change should be granted.
NOW THEREFORE, BE IT ORDAINED BY THE MAYOR AND COUNCIL OF
THE CITY OF EAGLE, IDAHO, AS FOLLOWS:
Section 1: The City Council herebyfmds and determines thatitis in the best interests
of the public health, safety, and welfare of the City of Eagle and the residents and
property therein that the real property particularly descrirbed in Section 2 below be
removed from the A (Agricultural district) and be included in the R2 (Residential
District), pursuant to the Zoning Ordinance of the City of Eagle. The City Ciouncil
further fmds and determines that said zone change is in conformance with the
Comprehensive Plan of the City of Eagle.
Section 2. The described real property, attached as Exhibit "A", a legal description
and official map, all situated in the City of Eagle, Ada County, Idaho is hereby
removed from the A (AGRICULTURAL DISTRICT) classification and included
in the R2 (RESIDENTIAL DISTRICT) classification.
Section 3: The official Zoning Map of the City of Eagle, Idaho is hereby amended
to reflect the foregoing change in zoning classification.
Section 4: This ordinance shall take effect and be in force from and after its passage,
approval and one (1) publication of the ordinance in the official newspaper of the
City.
DATED this 13 day of June, 1995.
CITY OF EAGLE
ADA COUNTY, IDAHO
BY /s/STEVE GUERBER
MAYOR
ATTEST:
BARBARA MONTGOMERY, CMC
CITY OF EAGLE
Publish June 22, 1995.
"EXHIBIT A"
A parcel of land being a portion of Government Lots 2, 3, and 4lying south of the
South Channel of the Boise River together with any accretion lyand lying adjacent
toGovernment Lots 2,3 and 4in Section 20, T.4N.,R.1E., B.M., Eagle, Ada County,
Idaho and more particularly described as follows:
A DESCRIPTION OF THE STREAMSIDE SUBDIVISION
A parcel of land being a portion of Government Lots 2. 3 and 4 lying south of the South Channel of
die Bones River together with any accretion land lying adjacent to Government Lois, 2. 3 and 4 in
Section 20. T4N , R 1E., 8 M . Eagle, Ada Count). Idaho and more particularly described as
follows
COMMENCING at the northeast corner of said Section 20. T4N.. R.1E.. B.M . Eagle, Ma County,
Idaho. thence along the easterly boundary of the northeast u said Section 20 S. 01'12'58-W. ,
1.169.12 feet to a poem, thence leaving said easterly boundary N 88.47'02' W . 33 00 feu to a point
muting the westerly rightof-way of Eagle Road. thence lea•ung said westerly right-of-way of Eagle
Road and along the southerly Zine of a private road as described un Abstract of Judgement instrument
Na. 8245559. Case No. 61059, S 88'30'14"W 383 76 feu to a point. thence S.78.29'42'W„
225.20 feet to a pour, thence S.54.24'4I'W, 24534 fat to a point. thence S..67.38'05'w., 355.09
feet to a point. thence S 79'11'07"W 201.21 feet to the POINT OF BEGINNING; thence leaving
said southerly line of a private road 5.00.06'45"E.. 47.70 fen to a poem, said pour being on the High
Water Line of the South'Slough; thence along the High Water Line of the said South Slough the
following courses: N.80'18'00'W., 186.83 fat; N.86'24'S0'W, 97.06 fat; N.66`19'30'W .
162.79 feu; N.82'24' 117'W , 191.38 feet; N.75'51'30'W., 201.83 fat; N.86'43'40' ' , 150 34
feet; 5.83'42'313'W., 102.98 feet; 14 86'05'50'W., 253 47 feet; N.64'52'20'W., 131.53 feet,
N.74'53'50'W., 82.07 feet; 5.78.10'10"W., 67.76 feet, N.86'38'20'W., 160 00 feet.
N.68'40' 10' W , 164.22 feet, N.55.58'00' W , 281.26 feet- N.46'15'10 -W„ 81.16 feet;
N.57.33'40'W., 181.45 feet. N.73'14.00'W., 148.57 feet; S 87'39'00'W.. 128 26 feet.
14 72'08'00'W., 110.01 feet. N.50'14'30'w, 105.79 feet; N.17.13'00'W., 116 20 feet.
1432'16'20'R:, 138.27 feet. N.22'31'00'W, 54.36 feet, thence 14 41'23'15'W , 109 22 feet to the
point of mrersecuon of the South Slough with the southerly meander lune of the South Channel of the
Batu Riser as established by the Idaho Department of Lands in April 1993, thence along the said
southerly meander line of the South Channel of the Boise River the following courses
N.89.30'52'E., 40 62 feet- S.74.05'28'E., 90.57 feet, 5.52.38'11'E.. 158.77 feet; S.65.54'43'E„
49.96 feet; S.45.15'16'E_, 70.27 feu, 5.69.03'29'E 164.51 feet; N.70.09'52'E., 70.00 feta;
N.84.52'33'E., 103.86 feet; N.77.58'44'E., 215.06 feet; N.81.23'37'E., 103.08 feu;
N.82'30'10'E., 202.31 feet; N.80'40'41'E., 163.92 feet; N.48'45'30'E., 146.10 feet;
S.70' 11'38'E.. 148.85 feet; 5.74.18' 12'E., 144.17 feet; S.70'33'00'8, 140 12 feet;
5.49'05'09'E., 76.41 feet; S.82'27'47'E., 308.45 feet; N.75.45'16'E., 92,27 text; N.2.'h•30'21'E.,
55.88 feet; N.44'46'07'E., 74.92 feu; N 18'50'51'E., 143.40 feet; N.38'51'28'E., 108.44 feu;
N.36'32'21' E., 266.32 fen; theme N56'26'33'E., 161.16 feet to a point on the oorthety boundary
of Government Lot 2; thence atom the northerly boundary of said Lot 2 N.88.45'33'E., 247.86 fat
to the northeast corner of said Lot 2. thence along the easterly boundary of Government Lot 2
S.01.48'16'W., 1,510.32 few to a point on the southerly boundary of a private road as descried in
Abstract of Judgement instrument No. 8245559, Case No. 61059; thence along said southerly
boundary S.79.11'07'W., 1.57 fen to the POINT OF BEGINNING.
Said panel containing 51.30 acres. more or less.
This description was prepared from a Record of Survey No. 2526.