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Ordinance - 1994 - 246 - Annexation Berkshire Acres - 05/24/1994ORDINANCE NO. 246 940`k9'138 3. DAVID :;.- ; ,-,Rr? BOISE W 7.':;4 PIMA Z1 /02-°° AN ORDINANCE ANNEXING CERTAIN REAL PROPERTY $ITUATExi 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; ESTABLISHED THE ZONING CLASSIFICATION OF SAID REAL PROPERTY; 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 Idaho Code, Section 50-222; and WHEREAS, the owners of the real property situated in the unincorporated area of Ada County and particularly described in Section 2 of this ordinance has requested, in writing, annexation of said real property to the City of Eagle; and WHEREAS, the Planning and Zoning Commission of the City, pursuant to public notice as required by law, held a public hearing on April 4, 1994, as required by Idaho Code, Section 67-6525, and recommended to the Mayor and Council that the annexation and zoning request of R4 (Residential 4 units per acre) be denied. WHEREAS, the Eagle City Council, pursuant to public notice as required by law, held a public hearing on May 10, 1994, on the proposed annexation and zoning for the real property described in Section 2 below as required by Idaho Code, Section 67-6525, made findings and determined that the requested annexation should be granted, and the zoning classification of R4 (Residential 4 units per acre) is appropriate to meet the requirements of Idaho Code, Eagle City Code and the Eagle Comprehensive Plan and should be granted. 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 described below 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", attached, is annexed hereto and by reference incorporated herein, is hereby annexed to and incorporated in the territorial limits of the City of Eagle, Idaho. Section 3: 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 4: The zoning land use classification of the land described in Section 2 above is hereby established as R4,(Residential 4 units per acre) as reflected on Exhibit "A", attached herein, as provided by the Zoning Ordinance of the City. The Comprehensive Plan and Zoning Map of the City are hereby amended to include the real property described in Section 2 above in the R4 (Residential 4 units per acre) zoning land use classifications. Section 5: The City Clerk is hereby directed to file, with in 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 Idaho Code, Section 50- 223, and to comply with the provisions of Idaho Code, Section 63- 2215, 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 Idaho Code, Section 50-901A, may be published. �Qc�/ , 1 DATED this �.�f I day of / �1. 1994. CITY 4 EAGLE ATTEST: Fy' MC}3UTGOMBIZY77 EAC .,E , ITY:I GLERK: ' t ;^�". d., BY (_ MAYOR STEVE GUERBER Project No. 13' Date: March 21, 1994 "EXHIBIT A" DESCRIPTION FOR PROPOSED BERKSHIRE ACRES SUBDIVISION A parcel of land being a portion of the E 1/2 of the W 1/2 of the NE 1/4 of Section 10, T.4N., R.1E., B.M., Eagle, Ada County, Idaho and more particularly described as follows: Commencing at a brass cap marking the Northeast corner of the said Section 10; thence along the Northerly boundary of the said NE 1/4 of Section 10, which is also the centerline of East Floating Feather Road North 89°44'39" West 1994.34 feet to THE POINT OF BEGINNING; thence leaving the Northerly boundary of said Section 10 South 01°11'53" West 852.59 feet to a point; thence North 89°44'39" West 387.58 feet to a point; thence North 0039'53" East 852.50 feet to a point on the Northerly boundary of said Section 10; thence along the Northerly boundary of said Section 10 South 89°44'39" East 395.51 feet to THE POINT OF BEGuIJ.LIL, Said parcel of land contain 7.66 acres, more or less. Except that portion of said parcel lying within the right-of-way of East Floating Feather Road. Ii I , I J I • 1 ' I11 — 1 • Wpm 2 3 i 101.0::d0 IOCNO/1AWK SUR(NVIGION O I 7 • 1 O 10 12 1.031.0. 01.1•••••+ur 1AI•I•J 000•1r'•.•• 60' 'MOAT O' WAY TYFICAL STREET OSLTIE N PAVEMENT MATG51170ST1050 C.SI2 5. FLOATING FATHER MAD Fe•FHMF 00114x02 — - - •QNDNar LM 5211212 a101.1 520100210:0404 — 5 — 15000521JNTA5T MIM 0.11 - 1 — p0•TNO 00111000001110 152,011050 U 50 —O— 5201TNS WO. Q►A W00 — . — •105152 ONOOLD 100.105110 —RR— 5205105 O0.111001010M — 0— M051020 105 O 0010111014000.01.2 • n111+O 11011.- R.N. • 1130111111a0111' rola • e0101112 MAWR PU1'0n105 5205102050E WR. 010. GUTTER 00 ODOIWK L,GENIXFROTO6EDj .1•0100000 1011ARI 1Y521111100101a — M910Fp01101q W ✓ 1.1001.0100— 205050011 PRELIMINARY PLAT OF BERKSI-IIRE ACRES SUBDIVISION A PORTION OF THE E 1/2 OF THE W IR OF THE NE 1/4, SECTION 10, T.4N., RIE., BJ'1., ADA COUNTY, IDAHO 1994 50 25 0 00 ,fO 200 SCALE I. MD 0121111101/4 1101111... NSB ELMER O. AND LUCRETIA GARLOCK 2601 E. FLOATING FEATHER ROAD EAGLE IDAHO 096* GIVELOVAL MIKE 1600 WAITE LANE 966 BAKERSFIELD. CA. 13309 Arwas. 166 AGREE =CUM: RT nt.v- 1)5010Ar1[A, FRONT • 90'.— REAR • S0' 61DE INTERIOR • 60' SIDE W/ STREET • 60' MNR477 LOT 617E. 6 AC1E6 RRTlf2W R-4 BUILDING SETBACKS. FRONT • 20' REAR • 26' MS1 SIDE INTERIOR • l6' MN. BIDE W/ STREET • 20' MMMll1 LOT DI7E1 6.000 SOFT. jRRICIATION DISTRICT. FAFrER'B INION CANAL :OWAf.F 11RP(W.A.1. CITY OF EAGLE WATER SUPPLY: EAGLE WATER COMPANY . L ALL STORE DRAINAGE TO OE PETA15D 04 INTL 7. 6111EE1 PPRONT TQNT5 TO OE MILT 70 ALND. STANDARDS, ). LOT O CV BLOCK 1 R A NLN-OLALDAOLd LOT AND IS DE5gN4TOD FOR ONSET DRAINAGE AREA A. O 2I Z W I? t \1210\14110.1!'00 ORIGINAL AMENDING ORDINANCE NO. 246 AN ORDINANCE AMENDING THE LEGAL DESCRIPTION IN THE ORIGINAL 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; ESTABLISHED THE ZONING CLASSIFICATION OF SAID REAL PROPERTY; 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 Idaho Code, Section 50-222; and WHEREAS, the owners of the real property situated in the unincorporated area of Ada County and particularly described in Section 2 of this ordinance has requested, in writing, annexation of said real property to the City of Eagle; and WHEREAS, the Planning and Zoning Commission of the City, pursuant to public notice as required by law, held a public hearing on April 4, 1994, as required by Idaho Code, Section 67-6525, and recommended to the Mayor and Council that the annexation and zoning request of R4 (Residential 4 units per acre) be denied. WHEREAS, the Eagle City Council, pursuant to public notice as required by law, held a public hearing on May 10, 1994, on the proposed annexation and zoning for the real property described in Section 2 below as required by Idaho Code, Section 67-6525, made findings and determined that the requested annexation should be granted, and the zoning classification of R4 (Residential 4 units per acre) is appropriate to meet the requirements of Idaho Code, Eagle City Code and the Eagle Comprehensive Plan and should be granted. 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 described below 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", attached, amending the legal description to correct mistakes and annexing hereto and by reference incorporated herein, hereby annexed to and incorporated in the territorial limits of the City of Eagle, Idaho. Section 3: 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 4: The zoning land use classification of the land described in Section 2 above is hereby established as R4,(Residential 4 units per acre) as reflected on Exhibit "A", attached herein, as provided by the Zoning Ordinance of the City. The Comprehensive Plan and Zoning Map of the City are hereby amended to include the real property described in Section 2 above in the R4 (Residential 4 units per acre) zoning land use classifications. Section 5: The City Clerk is hereby directed to file, with in 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 Idaho Code, Section 50- 223, and to comply with the provisions of Idaho Code, Section 63- 2215, 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 Idaho Code, Section 50-901A, may be published. DATED this .0747/ day ofaVAV/ 1994. C I TTOF EAGLE ADA COUNTY, IDAHO ATTEST: BY (' ' n� () MAYOR STEVE GUERBER • E4.14 rr 06Y0e4���•,•11 • e - TIARA MON EAGLE CITY eLE41 I ROOF OF PUBLICATION County of Ada State of Idaho Cv • Stye -4404i being first duly sworn, on oath says that she is the principal clerk of THE 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 I consecutive weeks, First publication being on the 7-9 day of ,19 6\Y, and the last publication being on the 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 noti Principal Clerk Subscribed and sworn before me this S day of 1.L ,19 _. tary Public 0 0 Residence: My commission expires: 7 - S 9 ) UNt • 411 N0 :„ II f jr4. 1 y' ti' *j PRELIPMATZ. P. .1T t BERKSuIRE ACRES SUBC A PORT p• 6 PAC E IA C. TUE w 7 r SEC710• 10 T •N RAE nt'. ADA COUNTY IDA.0 ne• NIA Le 81.111111 • MP trinal ..�.�. er.C.IMAILM.C. PAWL. WC. CANAL ,... O..>,.4, WISE "0000 •• ari.orep env 41,4.1 --..-.4••-••••• • 1'. - --- i ,- 4117 III _ A LLCIOLLLAMILV 246') Pr -100F OF PUBLICATION County of Ada State of Idaho Co • Slyirokqi being first duly sworn, on oath says that she is the principal clerk of THE 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 7AI day of ,19 / I, and the last publication being on the 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 attached4tice. Principal Clerk Subscribed and sworn before me this 5 ad day of Residence: , 19 9Y_. 4fr..(4-6) otary Public My commission expires: 7" VS -97 ,aasolusel•SI • 1 UNE •••.•• ,A . �..Ntl.. O • • $ 0 Isl. • ' N(SE e t • his " 1 I ,c23 ril • G • �•••i• SDA tiN►���,, ORDINANCE NO. 246 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; ESTABLISHED THE ZONING CLASSIFICATION OF SI AD REAL PROPERTY; DIRECTING THAT COPIES OF THIS ORDINANCE BE FILED AS PROVIDED BY LAW; AND PROVIDING AN EFFECTTVEDATE. WHEREAS, the City of Eagle, Idaho is a municipal corporation organized and operating under the laws oftheState o£Idahoandis authorized to annex to and incorporate within the boundaries of the City contiguous real property in the manner provided by Idaho Code, Section 50-222; and WHEREAS, the owners of the real property situated in the .IareasareaofAdaCounty and particularly described in Section 2 of this ordinance has requested, in writing, annexation of said real property to the City of Eagle; and WHEREAS, the Planning and Zoning Commission of the City, pursuant to public notice as requiiredby law, held a public hearing on April 4, 1994, as requited by Idaho Code, Section 67-6525, and recommended to the Mayor and Council that the annexation and zoning request of R4 (Residential4 units per acre) be denied. WHEREAS, the Eagle City Council, pursuant to public notice as required by law, held a public hearing on April 4, 1994, as required by Idaho Code, Section 67-6525, and recommended to the Mayorand Council that the annexation and zoning requiest of R4 (Residential 4 units per acre) he denied. WHEREAS, the Eagle City Council, pursuant to public notice as - required by law, held a public hearing on May 10, 1994, on the proposed annexation and zoning for the real property described in Section 2 below as required by Idaho Code, Section 67- 6525, made findings and determined that the requested annexation should be granted, and the zoning classification of R4 (Residential 4 units per acre) is appropriate to meet the requirements of Idaho Code, Eagle City Code and the Eagle Comprehensive Plan and should be granted. 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 fmds and declares that the real property described below 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,annexationthereof to the City. Section2: The real pro[perty,all situated in Ada County, Idaho adjacent and contiguous to the City, particularly described in Exhibit "A", attached, is annexed hereto and by reference incorporated herein, is hereby annexed to and incorporated in the territorial limits of the City of Eagle, Idaho. Section 3: From and after the effective date of this Ordinance, all property and persons within the boundaries and territory described above shallbe subject Cir.k 31 .. Due, •- to all ordinances, resolutions, police regulations, taxation, and other powers of the City of F,agle. Section 4: The zoning land use classification of the land described in Section 2 above is hereby established as R4, (Residential 4 units per acre) as reflected on Exhibit "A", The Comprehensive Plan and Zoning Map of the City are hereby amended to include the real property described in Section 2 above in the R4 (Residential 4 units per acre) zoning land use classifications. Continued on Page 14 14 Thursday, June 2, 1994 Continued from Page 13 Section 5: The City Clerk is hereby directed to file, within ten (10) days of passage and approval of this Ordinace, a certified copy of this Ordinace 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 Idaho Code, Section 50-223, and to comply with the provisions of Idaho Code, Section 63-2215, 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 Idaho Code, Section 50-901A, may be published. DATED this 24 day of May, 1994. CITY OF EAGLE ADA COUNTY, IDAHC BY MAYOR STEVE GUERBEI ATTEST: BARBARA MONTGOMERY EAGLE CITY CLERK Publish June 1,1994.