Loading...
Ordinance - 2024 - 912 - Old Valley Flex Park Annexation & Rezone - 02/13/2024ADA COUNTY RECORDER Trent Tripple BOISE IDAHO Pgs=5 VICTORIA BAILEY CITY OF EAGLE, IDAHO ORDINANCE NO. 912 2024-008893 02/21/2024 03:35 PM NO FEE AN ORDINANCE ANNEXING CERTAINREAL PROPERTY SITUATED IN THE UNINCORPORATED AREA OF ADA COLINTY, 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 MU-DA NIXED USE 'WITH A DEVELOPMENT AGREEMENT); AMENDING THE ZONING MAP OF THE CITY OF EAGLE 'FO REFLECT' SAID CHANGE; DIREC'FING THAT COPIES OF THIS ORDINANCE I3E: FILED AS PROVIDED BY LAW; PROVIDING A SINERABILUY CLAUSE; 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 reA property in the manner provided by Section 50-222, Idaho Code; and WHEREAS, West Old Valley. 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 'WHEREAS, the owners 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 MU- DA; and WHEREAS, the property described in Exhibit "A" is identified by the Ada County Assessor's Office as tax parcel numbers R1.527450810 and R 1527450801; and WHEREAS, the Planning and Zoning Commission of the City, pursuant to public notice as required by law, held a public hearing on March 6, 2023, 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 25, 2023, 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 MU-DA 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 I of 3 K:lCOUNCIL'Oraft Ortiirta[lee:,,01'1). 912 Old Valiey Elfr; P:1.:2it2,1021 3.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 propeity, all situated in Ada County, :Idaho, adjacent and contiguous to the City, particularly described in Exhibit "A" and as generally shown on Exhibit "13", attached here to and included herein by reference, is hereby annexed to the incorporated territorial limits of the City of Ea.gle, 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 MU-DA (Mixed Use with a development agreement) 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 MU-DA 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 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 circumstance is declared invalid for any reason, such declaration shall not affect the validity of remaining portions of this ordinance. Section 6: 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 d.escription 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. Page 2 of 3 KAC,OUNCIL Oldioane,..lOPID 932 old Valicy Flex Park 233240213AD, DATED this 13th day of February 2024, CITY COUNCIL OF THE IcAYY OF EAGLE Ada County, Idaho Brad 'tide, Mayor A-1 ATTEST: Tracy-E. OsboriJ1eCity Clerk STATE OF IDAHO ) ss. 01. s'7 0 • N * SEAL 4". OF 4','•fsps4gW° County of Ada ) On this Ill day of vavg\-1 , in the year 2024, before me, the undersigned, a Notary Public in and for said State, personally appeared BRAD PIKE, 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 have hereunto set my hand and affixed my official seal the day and year first written. C. S..... 00,0•gusti,,,7 0. .s.,..4 csE.4., . 47.zY: -4°1AR % .":A##;.• . so., ...... : - . ., ... -, .., . . . , • i 1410TAR },.. ..<A-s. 1 ..... , .') : 4. ::" • .., (11 7. - . ,„ : : . ,„. . ...... 4.:-..., ... ...... 7 lz..... 0, : —•-- :'-,;.••,z,91:* • 113,01-lic,.4).1 1 s"::/;:,•(;), ................ .. • 0 ###;11::?".1.9:'h's." .... 11.10111 Notary ublic Residing at: My Commission Expires: Page 3 of 3 KACOUNVID.Draft Ordinances ORD 912 Old Valley Flex Park 20240213.kc fiA61\ti cAnIc»/ / r* mfomnatimm Joseph D.Canning, PE/PLS 23I3 l Vista Ave Ste206 Boise, ID 83705 Te|ephone2U8.3433]81 jdcann{n0@cantengr.com West Old Valley, LLC^City of Eagle Annexation Description A parcel of land situate in a portion of the southwest quarter of the southwest quarter of Section 12, Township 4 North, Range l West, Boise Meridian, Ada County, Idaho, being more particularly described as follows: Commencing at the west quarter corner of said Section 12 and the centerline of North Linder Road, thence SOO-24'58"W, 1,773.06 feet along the westerly boundary of the southwest quarter of said Section 3.2 and the centerline of North Linder Road to the centerline of State Highway 44 and to the Point of Beginning: Thence continuing SOO'24'58"W, 252.19 feet along the westerly boundary of the southwestquarter of said Section 12 and the centerline of South Linder Road to the centerline of West Old Valley Road which bears N00^24'5O"E,6ZO.06feet from the southwest corner ofsaid Section 12; Thence N89'10'55"E, 1,299.78 feet along the centerline of West Old Valley Road; Thence NOO*35'30"E, 465.95 feet to the centerline of State Highway 44; Thence 1,323.37feet along anon-tangent curve deflecting tothe left having aradius of22/918.31feet, acentra} angle ofO3^18'3O",along chord bearing VfS79^53'2O^VV,and along chord distance cf1,32I18feet along the centerline ofState Highway 44tothe Point ofBeginning. Comprising 10.91 acres, more or less. Page 1of1 11116005Slic Annexation Description West Old Valley, LLC 500'24'58"W 1,773.06' N00E35'30E Point of Beginning S00'24'58)V 252.19' NOV24'58nE, 2,645.31 South Under Road CENTURION ENGINEERS, INC. Consulting Engineers, Land Surveyors, Planners 2323 S. Vista Ave. Ste. 206 Boise, ID 83705 208.343.3381 www.centengr.corn West Old Valley Road S00"24'58”W 620.06' SCALE: 1'----200' IDAHO State Tax Commission March 29, 2024 Tracy Osborn Eagle City Clerk P O Box 1520 Eagle, ID 83616 PO Box 36 • Boise ID 83722-0410 11321 W Chinden Blvd • Boise ID 83714-1021 Subject: Ordinance No. ord._912 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 2025. 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 McClatchy The Beaufort Gazette The Belleville News -Democrat Bellingham Herald Centre Daily Times Sun Herald Idaho Statesman Bradenton Herald The Charlotte Observer The State Ledger -Enquirer Durham I The Herald -Sun Fort Worth Star -Telegram The Fresno Bee The Island Packet The Kansas City Star Lexington Herald -Leader The Telegraph - Macon Merced Sun -Star Miami Herald E1 Nuevo Herald AFFIDAVIT OF PUBLICATION The Modesto Bee The Sun News - Myrtle Beach Raleigh News & Observer Rock Hill I The Herald The Sacramento Bee San Luis Obispo Tribune Tacoma ( The News Tribune Tri-City Herald The Wichita Eagle The Olympian Account # order Number Identification Order PO Amount Cols Depth 36791 524751 Print Legal Ad-IPL01615450 - IPL0161545 5136.72 3 80 L Attention: Kellie Rekow CITY OF EAGLE / LEGALS PO BOX 1520 EAGLE, ID 836169102 clerks@cityofeagle.org CITY OF EAC,"_E FEB 2 8 2024 File: Route to:. ORDINANCE NO. 912 AN ORDINANCE ANNEXING CERTAIN REAL PROPERTY SITUATED IN THE UNINCORPORATED AREA OF ADA COUNTY, IDAHO, AND CON11000US TO THE CORPORATE LIMITS OF THE CITY OF EAGLE, TO THE CRY OF EAGLE, IDAHO; CHANGING THE ZONING CLASSIFICATION OF SAD REAL PROPERTY DESCRIBED HEREIN FROM RUT (RURAL -URBAN TRANSITION) TO MU-DA (MIXED USE WITH A DEVELOPMENT AGREEMENT); AMENDING THE ZONING MAP OF THE CITY OF EAGLE TO REFLECT SAID CHANGE; DIRECTING THAT COPES OF THIS ORDINANCE BE FLED AS PROVIDED BY LAW; PROVIDING A SEVERABILITY CLAUSE; AND PROVIDING AN EFFECTNE 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, West Old Valley, LLC, the owners of the real property situated in the unincorporated area of Ada County and particularty described in Exhibit "A" of this ordinance has requested, in writing, annexation of said real property to the City of Eagle; and WHEREAS, the owners 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 MU-0A; and WHEREAS, the property described in Exhibit "A" Is Identified by the Ada County Assessor's Office as tax parcel numbers R1527450810 and R1527450801:and WHEREAS, the Planning and Zoning Commission of the City, pursuant to public notice as required by law, held a public hearing on March 6, 2023, 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 25, 2023. 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 MU-DA for the property described in Exhibit "A" is appropriate to meet the requirements of Idaho Codo, Eagle City Code and the Eagle Comprehensive Plan and should be granted. NOW, THEREFORE, BE R 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 Ctty. 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 MU-DA (Mixed Use with a development agree- ment) 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 properly described in Exhibit "A" in the MU-DA 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 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 circumstance is declared invalid for any reason, such declaration shall not affect the validity of remaining portions of this ordinance. Section 6: The City Clerk is hereby directed to tile, 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 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. Exhibit "B" can be viewed at Eagle City Hall, 660 E. Civic Lane, Eagle, klaho, 83616 during regular business hours. DATED this 13th day of February 2024. CITY COUNCIL OF THE CITY OF EAGLE Ada County, Idaho Brad Pike, Mayor ATTEST: Tracy E. Osbom, Eagle City Clerk Exhibit "A" West Oki Valley, LLC. City of Eagle Annexation Description A parcel of land situate in a portion of the southwest quarter of the southwest quarter of Section 12, Township 4 North, Range 1 West, Boise Meridian, Ada County, Idaho, being more particularly described as follows: Commencing at the west quarter comer of said Section 12 and the centerline of North Linder Road, thence S00'24'58"W, 1,773.06 feet along the westerly boundary of the southwest quarter of said Section 12 and the centerline of North Under Road to the centerline of State Highway 44 and to the Point of Beginning: Thence continuing S00'24'58'W, 252.19 feet along the westerly boundary of the southwest quarter of said Section 12 and the centerline of South Linder Road to the centerline of West Oki Valley Road which bears N0074'58"E, 620.06 feet from the southwest comer of said Section 12; Thence N89'10'55"E, 1299.78 feet along the centerline of West Old Valley Road; Thence N0015'30"E, 465.95 feet to the centerline of State Highway 44; Thence 1,323.37 feet along a non -tangent curve deflecting to the left having a radius of 22,918.31 feet, a central angle of 0318'30", a long chord bearing of S7953'20'W, and a long chord distance of 1,323.18 feet along the centerline of State Highway 44 to the Point of Beginning. Comprising 10.91 acres, more or less. IPL0161545 Feb 28 2024 Stefani Beard, 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 insertion(s) published on: 02/28/24 .3.642.0.te:ge.a4d (Legais Clerk) 0n this 28th day of February in the year of 2024 before me, a Notary Public, personally appeared before me Stefani Beard 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. APPROEO" 1 AMOUNT PAID: 363 • ACCOUNT#• Ot"c,'j%5.0 -c). CHECK #• s� Hailt4e,r, DATE: Notary Public in and for the state of Texas, residing in Dallas County STEPHANIE HATCHER My Notary ID # 133534406 Expires ,actuary 14, 2026 Extra charge for lost or duplicate affidavits. Legal document pleasedonotdfstroyl