Ordinance - 1995 - 257 - Amend Zoning Map Classification - 02/07/1995ORIGINAL
ORDINANCE NO. 257
AN ORDINANCE CHANGING THE ZONING CLASSIFICATION OF THE REAL
PROPERTY DESCRIBED HEREIN FROM THE R-5 (RESIDENTIAL DISTRICT)
CLASSIFICATION TO THE C-2 (GENERAL BUSINESS DISTRICT)
CLASSIFICATION; AMENDING THE ZONING MAP OF THE CITY OF EAGLE TO
REFLECT SAID CHANGE PURSUANT TO AN EXECUTED DEVELOPMENT AGREEMENT;
AND PROVIDING EFFECTIVE DATE
WHEREAS, the real property particularly described in Section 2
hereinafter is presently included in the R-5 Residential District
Classification under the zoning ordinance of the City of Eagle, and
the owners thereof has requested a change of the zoning
classification of said property to the C-2 (General Business
District) Classification; and
WHEREAS, the Planning and Zoning Commission of the City has, on
November 7, 1994 pursuant to public notice as required by law,
held a public hearing on the requested zone change, made findings
and conclusions, and has recommended to the City Council approval
of the C-2 (General Business District) Classification, and
recommended a change in zoning classification pursuant to an
executed Development Agreement; and
WHEREAS, the City Council of the City of Eagle has, on January 10,
1995 and January 24, 1995, pursuant to public notice as required
by law, held a public hearing on the requested zone change, made
findings and conclusions as required by law, and has determined
that the zone change, pursuant to an executed Development Agreement
which sets forth the terms and conditions for the zoning ordinance
amendment, as recommended by Eagle Planning and Zoning Commission,
with modifications, 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 R-5 Residential District and included in the C-2
(General Business District) COAditioned. upolk the!!execution of the
Development Agreement rxv d by the City all pursuant to
the Zoning Ordinance of the City of Fagle. 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 attached Exhibit "A" described real property, all
situated in the City of Eagle, Ada County, Idaho, is hereby removed
from the R-5 Residential Classification and included in the C-2
(General Business 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 7 day of February , 1995.
CITY OF EAGLE
ADA COUNTY, IDAHO
a
�BY0 , J �[1 '
ER, MAYOR
ATTEST:
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EXHIBIT A
771 751
Beginning at the Southeast corner of said Northeast quarter of the Southwest
quarter of Section 8, Township 4 North, Range 1 East, Boise Meridian, at point
on the North boundary of proposed new State Highway 44 right-of-way, which
point is
North 0'39'30" West a distance of 1325.9 feet from the South quarter corner of
said Section 8, thence
North 0'39'30" West along the center line of said Section 8, a distance of
660.0 feet to a steel pin; thence
South 89'10'30" West and parallel to the North side of said Section 8, a
distance of 645.4 feet, to a steel pin, the real point of beginning;
thence
South 89'10'30""West and parallel to the North side of said Section 8, a
distance of 146.6 feet to a steel pin; thence
South 0'39'30" East a distance of 613.4 feet to a steel pin on the North
boundary of propsed new State Highway 44 right-of-way; thence
South 76'49'48" East along the North side of said right-of-way a distance of
32.6 feet to a steel pin; thence along the Northerly side of said
right-of-way along a circular curve to the right whose radius is 22,968.31
feet and whose chord bears South 87'54'47" East a distance of 115.0 feet
to a steel pin; thence
North 0'39'30" West a distance of 627.1 feet to a steel pin, the real point
of beginning.
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PIONEER TITLE CQ.
TIME !a;L O F.!.
DATE H I
JOHN PASTI A
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I'KUM YlUt't , 111L-1F1C 1U C lU1VLLI' 11 ILL J LL 1 UUU, UUU
,40 Number: P 123031
•COMMITMENT FOR TITLE INSURANCE
SCHEDULE C
The land referred to In this Commitment is described as follows:
BEGINNING AT THE SOUTHEAST CORNER OF THE NORTHEAST QUARTER SOUTHWEST QUARTER OF
SECTION 8, TOWNSHIP 4 NORTH. RANGE 1 EAST, IN ADA COUNTY. IDAHO A POINT ON THE NORTH
BOUNDARY OF STATE HIGHWAY 44, WHICH POINT IS NORTH 0 DEGREE 39'30" WEST A DISTANCE OF
1325.9 FEET FROM THE SOUTH QUARTER CORNER OF SAID SECTION 8;
THENCE NORTH 0 DEGREE 39'30" WEST ALONG THE CENTERLINE OF SAID SECTION 0 A DISTANCE OF
660.0 FEET TO A STEEL PIN;
THENCE SOUTH 89 DEGREES 10'30" WEST AND PARALLEL TO THE NORTH SIDE OF SAID SECTION 8 A
DISTANCE OF 325.4 FEET TO AN IRON PIN;
THENCE SOUTH 65 DEGREES 11'30" WEST A DISTANCE OF 175.18 FEET TO AN IRON PIN, THE REAL
POINT OF BEGINNING:
THENCE SOUTH U DEGREE 39'30" EAST A DISTANCE OF 555.0 FEET TO AN IRON PIN ON THE NORTH
BOUNDARY OF STATE HIGHWAY 44 RIGHT OF WAY;
THENCE ALONG THE NORTH BOUNDARY STATE HIGHWAY 44 A6 FOLLOWS: NORTH 87 DEGREES 28'49"
WEST ALONG THE CHORD OF A CURVE A RADIUS OF 22,978.31 FEET A DISTANCE OF ' ' " FEET TO A
STEEL PIN;
THENCE SOUTH 81 DEGREES 05'51" WEST A DISTANCE OF 51.11 FEET TO A STEEL PIN;
THENCE NORTH 87 DEGREES 43'32" WEST ALONG THE CHORD OF A CURVE A RADIUS OF 22,968.31
FEET A DISTANCE OF 35.32 FEET TO A STEEL PIN:
THENCE NORTH 0 DEGREE 39'30' WEST A DISTANCE OF 486.0 FEET TO A STEEL PIN;
THENCE NORTH 65 DEGREES 38' EAST A DISTANCE OF 175.08 FEET TO A STEEL PIN; THE REAL POINT
BEGINNING.
EXCEPT
BEGINNING AT THE SOUTH QUARTER CORNER OF SECTION 8, TOWNSHIP 4 NORTH, RANGE 1 EAST,
BOISE -MERIDIAN, ADA COUNTY, IDAHO;
THENCE NORTH 0 DEGREE 39'30" WEST A DISTANCE OF 1,325.9 FEET ALONG THE NORTH AND SOUTH
QUARTER SECTION LINE OF SAID SECTION 8 TO A POINT ON THE NORTHERLY BOUNDARY LINE OF
STATE HIGHWAY NO. 44;
THENCE NORTH 86 DEGREES 35'30" WEST A DISTANCE OF 174.0 FEET ALONG THE NORTHERLY
BOUNDARY LINE OF SAID STATE HIGHWAY NO. 44 TO A POINT;
THENCE ALONG THE NORTHERLY BOUNDARY OF SAID STATE HIGHWAY NO. 44 ON A CURVE TO THE
LEFT 312.34 FEET SAID CURVE HAVING A CENTRAL ANGLE OF 0 DEGREE 46'44" AND A RADIUS OF
22.978.31 FEET AND WHOSE CHORD BEARS NORTH 86 DEGREES 58'52" WEST A DISTANCE OF 312.34
FEET TO AN IRON PIN MARKING THE REAL POINT OF BEGINNING;
THENCE CONTINUING ALONG THE NORTHERLY BOUNDARY OF SAID STATE HIGHWAY NO. 44 ON A
CURVE TO THE LEFT 74.67 FEET, SAID CURVE HAVING A CENTRAL ANGLE OF 0 DEGREE 11'09" AND A
RADIUS OF 22,978.31 FEET AND WHOSE CFIORD BEARS NORTH 87 DEGREES 27'49" WEST A DISTANCE
OF 74.57 FEET TO AN IRON PIN;
THENCE CONTINUING ALONG THE NORTHERLY BOUNDARY OF SAID STATE HIGHWAY NO, 44 SOUTH 81
DEGREES 05'51" WEST A DISTANCE OF 51.11 FEET TO AN IRON PIN;
THENCE CONTINUING ALONG THE NORTHERLY BOUNDARY OF SAID STATE HIGHWAY NO. 44 ON A
CURVE TO THE LEFT 35.32 FEET, SAID CURVE HAVING A CENTRAL ANGLE OF 0 DEGREE 05'17" AND A
RADIUS OF 22,968.31 FEET AND WHOSE CHORD BEARS NORTH 87 DEGREES 43'32" WEST A DISTANCE
OF 36.32 FEET TO AN IRON PIN;
-",IENCE NORTH 1 DEGREE 08'13" EAST A DISTANCE OF 249.96 FEET TO AN IRON PIN;
IENCE SOUTH 87 DEGREES 35' EAST A DISTANCE OF 160.23 FEET TO AN IRON PIN;
THENCE SOUTH 1 DEGREE 08'13" WEST A DISTANCE OF 240.0 FEET TO THE REAL POINT OF
BEGINNING.
END OF LEGAL DESCRIPTION
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PROOF OF PUBLICATION
County of Ada
State of Idaho
Cv • sty,>14,4,1being first duly sworn, on oath says that she is
the principal clerk of 1 HE VALLEY NEWS , a newspaper
of general 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 t day of
,19 , and the last publication
being on the day of
,1Q
That the said newspaper has been published continuously
and uninterruptedly in said county during aperiod of more
than seventy-eight consecutive weeks prior to the first
publication of the attached notice.
do %
Subscriand sworn before me this
IV— ,19
cipal Clerk
day of
Residence: ,
Notary Public
-D . + ZZ7
Thursday, Febi
ORDINANCE NO. 257
AN ORDINANCE CHANGING THE ZONING CLASSIFICATION
HEREIN FROMTHER-5 (RESIDENTIALDISTRICT)CLASSIFICA
DISTRICT) CLASSIFICATION; AMENDING THE ZONING MAP
SAID CHANGE PURSUANT TO AN EXECUTED DEVELOPIIM
EFFECTIVE DATE.
WHEREAS, the real property partictdarly described in Section 2 li
Residential District Classification under the zoning ordinance of the
requested a change of the zoning classification of said property to the C
and
WHEREAS, the Planning and Zoning Commission of the City has, on
as required by law, held a public hearing on the requested zone chant
recommended to the City Council approval of the C-2 (General Busines
a change in zoning classification pursuant to an executed Developmen
WHEREAS, the City Council of the City of Eagle has, on January 10, II
notice as required by law, held a public hearing on the requested zone
required by law, and has determined that the zone change, pursuant to
sets forth the teens and conditions for the zoning ordinance amendment
Zoning Commission, with modifications, should be granted.
NOW THEREFORE, BE IT ORDAINED BY THE MAYOR AND COL
AS FOLLOWS:
Section 1: The City Council hereby fmds and determines that it is in the 1
welfare of the City of Eagle and the residents and property therein tha
Section 2 below be removed from the R-5 Residential District and incl
conditioned upon the execution of the Development Agreement apr
the Zoning Ordinance of the City of Eagle. The City Council further fine
conformance with the Comprehensive Plan of the City of Eagle.
Section 2: The attached Exhibit "A" described real property, all situated
hereb removed from the R-5 Residential Classification and include
Classification.
Section 3: The official Zoning Map of the City of Eagle, Idaho, is hereb)
zoning classification.
Section 4: This ordinance shall take effect and be in force from and after i
of the ordinance in the official newspaper of the City.
DATED this 7th day of February 1995.
ATTEST:
BARBARR '3,4, •,e.RY
EAGLEj. '
ciP
Publish: February 16th, 1995
PROOF OF PUBLICATION
County of Ada
State of Idaho
Co. Szy,14N,j being first duly sworn, on oath says that she is
the principal clerk of THE VALLEYNEWS, a newspaper
of general 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 klo_ day of
e ,19 1. , and the last publication
being on theoc ' &iyof ,19
Tat the said newspaper has been put _shed condr'. us'.,
and uninterruptedly in said county during a period of more
than seventy-eight consecutive weeks prior to the first
publication of the attached notice.
Subscribed aid sworn before m this
r
19
cipal Clerk
day of
Valley News -Times
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Notary Public