Ordinance - 1994 - 236 - Annexation - 01/25/19949`f0 r 682
ADA CO. RECORDER
J. DAVID NAVARRO
BOISE ID
ORIGINAL
'94 FEB 2 fin 927 ORDINANCE NO. 236
FEU,'Dtr'GC2
AN MOVRANt.HAFTWIMMOr 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 Section 50-
222, Idaho Code; 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
to public notice as required by law, held
December 26, 1993 as required by Section 67 -
recommended to the Mayor and Council that the
request of R1 be approved.
of the City, pursuant
a public hearing on
6525, Idaho Code, and
annexation and zoning
WHEREAS, the Eagle City Council, pursuant to public notice as
required by law, held a public hearing on January 11, 1994 on the
proposed annexation and zoning for the real property described in
Section 2 below, as required by Section 67-6525, Idaho Code and
made findings and determined that the requested annexation should
be granted, and the zoning classification of R1 as recommended by
the Eagle Planning and Zoning Commission, 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" and "B", 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 R1, as
reflected on Exhibit "A" and "B", 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 R1 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 Section 50-223, Idaho
Code, and to comply with the provisions of Section 63-2215, Idaho
Code, 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 ection 50-901A, Idaho Code, may be
published.
DATED this o5�day o 994.
ATTEST:
AQS
4 V,
0
R•
CITY OF EAGLE
ADA COUNTY, IDAHO
BY 4rS6U
MAYOR STEVE GUERBER
EXHIBIT "A"
REVISED LEGAL DESCRIPTION FOR
SUGARBERRY WOODS SUBDIVISION
A parcel of land being a portion of the North 1/2 of the
Southwest 1/4 of Section 19, T.4N., R.1E., B.M., Ada County,
Idaho, said parcel being more particularly described as follows:
Commencing at the Brass Cap marking the corner common to Sections
19 and 30, T.4N., R.1E., and Sections 24 and 25, T.4N., R.1W.,
B.M., Ada County, Idaho; thence, N.0°27'15"E. 1633.95 feet •
along the line common to said Sections 19 and 24, said point
being the REAL POINT OF BEGINNING;
thence continuing, N.0°27'15"E. 1019.95 feet to an iron pin
marking the 1/4 Corner common to said Sections 19 and 24;
thence, S.89°43'10"E. 2407.94 feet to the Center 1/4 Corner
of said Section 19 and the Southeast corner of Clearvue Estates
Subdivision, records of the Ada County Recorder, Boise, Idaho;
thence, S.0°10'41"W. 1324.22 feet along the east line of said
SW 1/4 of Section 19 to the Southeast corner of the NE 1/4
SW 1/4 of Section 19;
thence, N.89°47'03"W. 2058.33 feet along the south line of
said N 1/2 SW 1/4;
thence, N.6°04'50"W. 307.52 feet;
thence, N.89°32'45"W. 321.00 feet to the REAL POINT OF
BEGINNING, said parcel containing 70.99 acres.
Including:
All road rights-of-way of record or in use.
J. HOWARD
ENGINEERING & SURVEYING
2626 N. 32nd Street
BOISE, IDAHO 83703
(208) 344.0574
Exhibit "B"
SW PARCEL NOT INCLUDED IN SUBDIVISION
A parcel of land being a portion of the North 1/2 of the
Southwest 1/4 of Section 19, T.4N., R.1E., B.M., Ada County,
Idaho, said parcel being more particularly described as follows:
Commencing at the Brass Cap marking the corner common to Sections
19 and 30, T.4N., R.1E., and Sections 24 and 25, T.4N., R.1W.,
B.M., Ada County, Idaho; thence, N.0°27'15"E. 1326.95 feet
along the line common to said Sections 19 and 24 to the Southwest
corner of Government Lot 5, said Section 19, said point being
the REAL POINT OF BEGINNING;
thence continuing, N.0°27'15"E. 307.00 feet along said line;
thence, 5.89°32'45"E. 321.00 feet;
thence, S.6°04'50"E. 307.52 feet to the south line of said
N 1/2 SW 1/4 of Section 19;
thence, N.89°47'03"W. 356.00 feet along said line to the REAL
POINT OF 13EGINNING, said parcel containing 2.38 acres.
Including:
All road nights -of -way of record or in use.
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PROOF OF PUBLICAI,ON
County of Ada
State of Idaho
Co • Stym4w3ti 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 p blicatio ing on the ,7/1 -df day of
,19 __ 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 w='or to the first
publication of the attached noti
Principal Clerk
Subscribed and sworn before me J day of
,'�''G . 19 9
.1A14(//)
Notary Public
Residence: 4../de,ge.
My commission expires: ....3--//-q9
(SEAL)
ORDINANCE NO. 236
AN ORDINANCE OF THE CITY OF
EAGLE,IDAHO, APPROVING AND
CONFIRMING THE ASSESSMENT
ROLL OF LOCAL IMPROVEMENT
DISTRICT NO. 91-1; LEVYING
ASSESSMENTS AGAINST THE
PROPERTY SHOWN ON THE
ASSESSMENT ROLL; PROVIDING
FOR THE PAYMENT OF
ASSESSMENTS IN INSTALL-
MENTS; AND PROVIDING FOR
OTHEJ( MATTERS RELATING TO
THE CONFIRMATION OF LOCAL
IMPROVEMENT DISTRICT
ASSESSMENTS FOR LOCAL
IMPROVEMENT DISTRICTNO. 91-
1.
A summary of the principal pro-
visions of Ordinance No. 234 of the
City of Eagle,Idaho,adoptecionJanuary
11, 1994, is as follows:
mon l: Finds and detennjes
that each lot, tract, parcel, and othe
property included within Local
LfProvanauDistrictNo. 91-1 ("LLD.
No 91-1 ") will be specially benefited by,
theimprovements within LID. No. 91-
1.
R
Confirms the Assess-
ment Roll for LLD. No. 91-1.
bion 3: Finds that each prop-
erty assessed within LLD. No. 91-1 is
'benefited to the amount of the
assessment thereon.
0 4: Provides for filing of
the certified Assessment Roll with the
County Recorder, provides that the
assessments shall be a lien on the
property assessed, and provides for
mailed notice of assessments.
Provides for payment
of as ses sments either within thirty days
or in installments over 10 years.
coon 6: Provides for establish-
ment of an Installment Dicket forLLD.
No. 91-1.
Sxtion 7: Provides appeal pnxed-
me.
ings.
ity.
date.
Section g:Ratifiedpriorproceed-
2: Provides for severabil-
•Providesfor effective
The full text of Ordinance No.
234 is available at the office of the City
Clerk, at City Hall, and will be provided
to any citizen upon personal request
during nontral office hours.
1994.
DATED this 25th day of January
PROOF OF PUBLICATION
County of Ada
State of Idaho
G. 5syn'tcrosk+ being first duly sworn, on oath says that
he 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 ublication being on the day of
cp.,
__ ,19 , 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
publication of the attache lotice.
Subscribed and sworn before me this
(1 \ct c h ,19QJ.
Residence:
the first
Win -7W Clerk
day of
My commission expires: 10 ) Z..g [c
(SEAL)
Notary Public
ORDINANCE NO. 236
AN ORDINANCE OF THE CITY OF
EAGLE, IDAHO, APPROVING AND
CONFIRMING THE ASSESSMENT
ROLL OF LOCAL IMPROVEMENT
DISTRICT NO. 91-1; LEVYING
ASSESSMENTS AGAINST THE
PROPERTY SHOWN ON THE
ASSESSMENT ROLL; PROVIDING
FOR THE PAYMENT OF
ASSESSMENTS IN INSTALL-
MENTS; AND PROVIDING FOR
OTHER MATTERS RELATING TO
THE CONFIRMATION OF LOCAL
IMPROVEMENT DISTRICT
ASSESSMENTS FOR LOCAL
Th ROVEMENTDIS'IRICTNO.91-
1.
A summary of the principal pro-
visions of Ordinance No. 234 of the
City of Eagle,Idaho,adoptedonJanuary
11, 1994, is as follows:
Section 1: Finds and determines
that each lot, tract, parcel, and othe
property included within Local
Improvement District No. 91-1("LLD.
No 91-1") will be specially benefited by
theimprovements within LLD. No. 91-
1.
Section 2: Confirms the Assess-
ment Roll for LI.D. No. 91-1.
Finds that each prop-
erty assessed within L.I.D. No. 91-1 is
benefited to the amount of the
assessment thereon.
Section 4: Provides for filing of
the certified Assessment Ron with the
County Recorder, provides that the
assessments shall be a lien on the
property assessed, and provides for
mailed notice of assessment&
Seco n : Provides for payment
of assessments either within thirty days
or in installments over 10 years.
it44 5\e
Section 6: Provides for establish-
ment of an Installment Dicker forLLD.
No. 91-1.
ure.
ings.
Section 7: Providesappeal prooed-
Section 8: Ratifiedpriorproceed_
Section 9: Provides forseverabr7-
PROOF OF PUBLICATION .
County of Ada
State of Idaho
C . Ssynacroski being first duly sworn, on oath says that
he 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 t cons utive weeks,
First pubat' n being on the day of
\ ,60 ,19 Q1\ , 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 at t ed notice.
Principal Clerk
Subscribed and sworn before me this' d day of
, 19
c4Z, 77-2
Notary Public
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PROOF OF PUBLICATION
County of Ada
State of Idaho
G. SIN encloski, being fust duly sworn, on oath says that
he 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,
.r -S day of
,19 q , and the last publication
First publication being on the
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 attayi¢d notice.
Principal Clerk
Subscribed and sworn before me this Y day of
,19
Residence:
My commission expires:
P)* 6'b O
Z 04 t7b�2 r
NI:7V���'0y0a p6
wrIc
›WIZEJZt4°W 0.
tTIEV
Notary Public
The Valley News
Legal Notices (continued)
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 tem -
tory described above shall be subject to
all oadinances,resolutions, policeregu-)
dations, taxation, and other powers cif
the Qty of Eagle.
Section 4: The zoning land use classifi-
cation of the land described in Section 1
above is hereby established as R2, as
reflected on Exhibit"A," attached hrein
as provided by the Zoning Ordinnce of
the city. The Comprehensive Flan and
Zoning Map of the City are hereby
amended to include the real property
described in Section 2 above in the R2
zoning land use classifications.
Section 5: The City Clerk ishereby dir-
ected 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
63-2215, Idaho Code, 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 Section 50-
901A, Idaho Code, may be published.
DATES this 25th day of January
1994.
CITY OF EAGLE
ADA COUNTy, IDAHO
BY STEVE GUERBER, MAYOR
ATTEST: BARBARA
MONTGOMERY
CITY CLERK
�h...�� - • T f1