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ORDINANCE NO. 209
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 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 owner 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
6, 1992, as required by Section 67-6525, Idaho Code, and
recommended to the Mayor and Council that the annexation be
approved, however, based on the density of the zoning request of R2
and intended use of the property remaining unchanged for the
present time, recommended a zone of AR (Agricultural -Residential).
WHEREAS, the Eagle City Council, pursuant to public notice as
required by law, held a public hearing on May 12, 1992, on the
proposed annexation and zoning for the real property described in
Section 2 below, as required by Section 67-6525, Idaho Code and
continued the hearing until May 26, 1992 for further review; and
WHEREAS, the Eagle City Council met on said annexation and zoning
on May 26, 1992, and by the petitioners request continued the
hearing until August 11, 1992; and
WHEREAS, the Eagle City Council met on August 11, 1992, made
findings and determined that the requested annexation should be
granted, and the zoning classification of AR (Agricultural -
Residential), 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 snouid
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 ha:,
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
AR,(Agricultural-Residential) 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 AR
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 Section 50-901A, Idaho Code, may be
published.
DATED this 25 day of August, 1992.
CITY OF EAGLE
ADA COUNTY, IDAHO
BY i
MAYOR STEVE GUERBER
ATTEST:
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BARA MONTC"� "` 0 ae
EAGLE CITY CLL!Ag/Ne''tfl 4 9/
A parcel of lay id being all of Lot 29 and a portioh of Lot 12 of Academy Place
Subdivision as shown on the plat thereof recorded in Book 4 of Plats at page 155 of Ada
County Records and the NE1/4 SW1/4 and the S1/2 SW1/4 of Section 5, T.4N., R.1E.,
B.M., Ada County, Idaho, more particularly described as follows:
BEGINNING at the Section Corner common to Sections 5, 6, 7, and 8 of said
T.4N., R.1E. being marked by a brass cap monument;
thence North 0°20'52" West on the West line of said Section 5 for a distance of
1315.54 feet to the South 1/16th corner common to said Sections 5 and 6;
thence South 89°18'33" East on the North line of the SW1/4 SW1/4 of said
Section 5, said line also being the South line of said Academy Place Subdivision for a
distance of 663.62 feet to a 5/8" iron pin marking the Southwest corner of Lot 29 of said
Academy Place Subdivision;
thence North 26°35'59" East (formerly described as North 26°36'27" East) on the
Westerly lot line of said Lot 29 for a distance of 1463.99 feet to the Center West 1/16th
Corner of said Section 5, said point also being the lot corner common to Lots 12 and 29
of said Academy Place Subdivision;
thence North 0°20'52" West (formerly described as North 1°09'14" West) on the
Westerly lot line of said Lot 12 for a distance of 412.50 feet to a 5/8" iron pin;
thence South 89°22'30" East (formerly described as North 89°49'08" East) for a
distance of 8.00 feet to a 5/8" iron pin;
thence South 0°20'52" East (formerly described as South 1°09'14" East) for a
distance of 412.50 feet to a 5/8" iron pin on the South line of Lot 12 of said Academy
Place Subdivision, also being the North line of the SW1/4 of said Section 5;
thence South 89°22'30" East on the North line of said SW1/4 for a distance of
1319.14 feet to the aluminum cap marking the Center 1/4 Corner of said Section 5;
Page 1 of 2
thence South 0021,17 East on the North-South centerline of said Section for a
distance of 2637.17 feet to the brass cap marking the South 1/4 Corner of said Section 5;
thence North 89°14'37" West on the South line of said Section 5, also being the
centerline of Floating Feather Road, for a distance of 2654.73 feet to the POINT OF
BEGINNING, containing 130.50 acres, more or Tess.
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Project #91-103
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CERTIFICATION
I, the undersigned, Barbara Montgomery ,
appointed CITY CLERK of the City of Eagle,
hereby certify that the attached is a full,
of:
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RECORDER BY . ; ./,l/Iti
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the duly qualified and
Ada County, Idaho, do
true, and correct copy
Ordinance #209 , of Eagle, Idaho, as of June 25, 1992.
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CITY OF EAGLE, IDAHO
SUMMARY OF ORDINANCE 209
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, Idaho; establishing the
zoning classification of said real property; directing that copies
of this ordinance be filed as provided by law; and providing an
effective date.
A summary of the principal provision of Ordinance No. 209 of the
City of Eagle, Idaho, adopted on August 25, 1992, is as follows:
Section 1: Makes findings that the property can legally be
annexed by the City.
Section 2: Describes the annexed property as all of lot 29
and a portion of lot 12 of Academy Place Subdivision as shown
on the plat thereof recorded in Book 4 of Plats at page 155 of
Ada County Records and the NE 1/4 SW 1/4 and the S 1/2 SW 1/4
of section 5, T 4N, R 1E, BM, Ada County, Idaho
Section 3: Provides that the annexed property shall be
subject to ordinances and regulations of the City.
Section 4: Zone the annexed property AR, (Agricultural -
Residential)
Section 5: Directs the City Clerk to comply with Sections 50-
223 and 63-2215, Idaho Code.
Section 6: Provides an effective date.
Copies of Ordinance No. 209 are on file for review and inspection
at the Eagle City hall during normal business hours.
DATED this 25 day of August, 1992.
CITY OF EAGLE
Ada County, Idaho
Steve -rber
or,
ara Mont'+omery
Eagle City Clerk
ROOF OF PUBLICATIt.N
County of Ada
State of Idaho
Helen Alidjani, 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 _1 it day of
"/f'' ie/m.6e r ,19 92- , 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 notice.
•
Principal Clerk
Sub • 'bed and s om before me this/✓�1daY of
lvotary Public
Residence: 1/Z eid
My commission expires: 0-/-g 7
(SEAL)
CITY OF EAGLE, IDAHO
SUMMARY OF ORDINANCE 209
An ordinance annexing certain real
property situated in the unincorporated
area of Ada Couty, Idaho, and contiguous
to the corporated city limits of th a City of
Eagle, Idaho: establishing the zoning
classification of said real property;
directing that copies of this ordinance be
filed as provided by law; and providing
an effective date.
A summary of the principal
provision of Ordinance No. 02 of the
City of Eagle, Idaho, adopted on August
25, 1992, is as follows:
Section 1' Makes findings that the
property can legally be annexed by the
City.
matron . Describes the annexed
Property as all of lot 29 and a portion of
lot 12 of Academy Place Subdivision as
shown on the plat thereof recorded in
Book 4 of Plats at page 155 of Ada
County Records and the NE 1/4 SW 1/4
andtheS 1/2 SW 1/4 of section 5,T 4N,
R IE, BM, Ada County, Idaho.
Sectio `3. Provides that the
annexed property shall be subject to
ordiances and regulations of the City.
calLNA. Zone the annexed
property AR, (Agricultural -Residential)
&tt-or-.l S: Directs the City Clerk
to comply with Sections 50-223 and 63-
2215, Idaho Code.
date.
;on 6• Provides an effective
Copies of Ordinance No. Mare on file
for review and inspection at the Eagle
City hall during normal business hour.
DATED this 21 day of & n, 1992.
CITY OF EAGLE
/s/Steve Guerber
Mayor
Attest:
/s/Barbara Montgomery
Eagle City Cleric
Publish September 3, 1992.