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Ordinance - 2024 - 915 - Spartan Estates Subdivision - 02/27/2024
ADA COUNTY RECORDER Trent Tripple BOISE IDAHO Pgs=7 VICTORIA BAILEY CITY OF EAGLE, IDAHO 2024-010576 02/29/2024 03:33 PM NO FEE ORDINANCE NO, 915 AN ORDINANCE ANNEXING CERTAIN REAL PROPERTY SITUATED IN THE UNINCORPORATED AREA OF ADA COUNTY, IDAHO, AND CONTIGUOUS TO THE CORPORATE LIMITS OF TIIE CITY OF EAGLE, TO TILE CTFY OF EAGLE, IDAHO; CHANGING1 IL ZONING CLASSIFRIATION OF SAID REAL PROPERTY DESCRIBED HEREIN FROM RUT (RURAL -URBAN TRANSITION ---- ADA COUNTY DESIGN.ATION) 'FO R-E-DA (RESIDENFIAL ESTATES WITH A DEVELOPMENT A(REEMENT); AMENDING THE ZONING MAP OF THE CITY OF EAGLE TO REFLECT SAID CHANGE; 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. th.e boundaries of the City contiguous real property in the manner provided by Section. 50-222, Idaho Code; and WHEREAS, Clark Mahy the owner 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 owner 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 R-E-DA; and WHEREAS, the property described in Exhibit "A" is identified by the Ada County Assessor's Office as tax parcel number Parcel :115040 I 1 10275; and WHEREAS, the Planning and Zoning Commission of the City, pursuant to public notice as required by law, held a public hearing on May 17, 2021., as required by Section 67-6525, Idaho Code, and made a recommendation to the Mayor and Council; and Page I of 3 7 \ CO \ Draft 0,dluarq:es,,ORD 915 - Spa,tan. H5t0 tf S A P,Z \ ORD 9 LI Spaau, Est,gcs A F.Z.enc. WHEREAS, the Eagle City Council, pursuant to public notice as required by law, held a public hearing oh February 22, 2022, 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 R F 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. NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND COUNCIL, OF THE CITY OF EAGLE, ID MHO, 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 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: R-E-I)A (Residential Estates 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 accordancewith 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 R--E-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 the subject to all ordinances, resolutions, police regulations, taxation, and other powers of the City of Eagle. Section 5: The City Clerk is hereby directed to file, within ten 0.0) 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. Page 2 of , K:1GOEINil3Ltf.+;aft O a miss\OFf) 935 - Span -a, Estates A F2:\ORD 93 5 Spartan Estates RZ.docx 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 27th day of February 2024. CITY COUNCIL OF THE CITY OF EAGLE Ada County, Idaho Brad Pfke, Mayor ATAST: .... 1 I : •,„,,a‘,' • ',* • , - - 3 '3. ,....„.• ' - -- e " ? .,... . ,..,.. Tracy E. OsIl it 'Eagle City Clerk ;:i ,,. '... •• ,\ ,,, , , ., • ..., STATE OF IDAHO ) ss. County of Ada ) ' ,t,' • ....-s• ...); • , • • 's . • e ' c'e .,3 3•: ", ,... V , ,...0,,,,,R• S' Sil,i1}'N. On this 11 day of cay,./a. ‘iNs. , in the year IM,1 , before me, the undersigned, a Notary Public in and for said State, persona11y 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. os mitt Milos 44V e .... • . * tr. test C S P441*, . TARII16; • 4r° I 4t° • 1:4° Notary 1ih1ic Residing at: C- i•V o PuBorc My Commission Expires: ........ 201`2-S tj:64,:e1/4) No 51 0.4e*3 ttlt, .... 4844#1,8811.-- Page 3 of 3 KACOUNCILIDraft Ordinances \ ORD 915 - Spartan Estates A RDORD. 915 Spartan Estates A Ridocx November 17, 2020 Project No. 20-119 9233 WEST STATE STREET 1 BOISE, ID 83714 208.639.6939 1 FAX 208.639.6930 Exhibit A A parcel of land situated in a portion of Government Lot 1, Section 1, Township 4 North, Range 1 West, Boise Meridian, Ada County, Idaho and being more particularly described as follows: Commencing at a found aluminum cap marking the Northeast corner of said Government Lot 1, which bears N00°53'58"W a distance of 2„685.06 feet from a found brass cap marking the East 1/4 corner of said Section 1; Thence following the easterly line of said Government Lot 1, S00°53°58" a distance of 1,320.07 feet; Thence leaving said easterly line, N89*131.7"W a distance of 25.00 feet to the westerly right-of-way line of North Meridian Road and being the POINT OF BEGINNING. Thence N89°13'17"W a distance of 382.70 feet to a found 1/2-inch rebar on the easterly subdivision boundary line of Tamara Place Subdivision (Book 58 of Plats, Page 5538); Thence following said easterly subdivision boundary line, NOO°55'02"E a distance of 534.34 feet to the southerly subdivision boundary line of Gallup Estates (Book 78, Pages 8193-8194); Thence leaving said easterly subdivision boundary line and following said southerly subdivision boundary line, S89*13117"E a distance of 382.54 feet to said westerly right-of-way line of North Meridian Road; Thence leaving said southerly subdivision boundary line and following said westerly right-of-way line, SOO°53`58"W a distance of 534.34 feet to the POINT OF BEGINNING; Said parcel contains a total of 4.693 acres, more or less. Attached hereto is Exhibit B and by this reference is hereby made a part hereof, All subdivisions, deeds, records of surveys and other instruments of record referenced herein are recorded documents of the county in which these described lands are situated in. ENGINEERS I SURVEYORS PLANNERS P:20•1.19\CAD\SURVEAExHIBfT\20-119 BOLNGAKY.RWG, PAUL KBM. 13(28f2020. TASrALf.A 255OCt, 0 z 0CV riU 0 crr- m ecs m er c o' L 0 c z 0 0 0 Lon = tors Cr N Cr Ci Vs. tip cn -cs 3N 3Nn INrd d Q d o NOO°55'02' E 534.34' 1320.07` --S00°53'58"W p 2685.0G'—. BASIS OF BEARING m N. Meridian Rd. 0 (!) tro N 0 O La CO .C..._.. CU Cd4 M la.ry P�' co na N.�yy V, p +Pa Portion of Government Lot 1 of Section 1 T4N., R1W., B.M., Ada County, Idaho m 0 -0 00 Z>0 c o 0 -13 rn o) 0 Title: Date: 11.1 .2020 Seale: 1. inch = 250 feet 111a~: Deed P1otter•.des Tract 1: 4.693 Acres: 204449 Sq Feet: Closure W :t85.3O55w 0.01 Feet: Precision =1 /313804: Perimeter -° 11834 Feet 0011t89.117w382.70 002�-rtti0.5502e 534.34 0€13-s89. € 31 %'e 382.54 004 =s00.5353w 534.34 Vicinity Map axe. 0 it ogg \od CU nngneeee 43`42'50.14" N 116°23'13.92" W 1 0 u a�i o © • o a x a n. 0 N Ca u N •• `1 C3 v Q • U1 IDAHO State Tax Commission April 2, 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._915 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 T4N R1W 2710000 0050068 (ENLARGE) 01 I ----11= i------ i-M = INE -- •_1—..— N— 0050068 T4N R1E 06 0050009 iwAraLig W Caliber Ct T5N RIW 36 0 162.5 325 650 N I 1 1 1 IA US Feet 3360000 31 K1r. z W Beacon Light Rd z� Beacon Rd U z 27101)00 a C a 2700000 i R1E � QerCt r • • 4N• 1 I I i I 0050009 EAGLE Taxing District Type .- ■ Tax Code Areas PLSS —=110 Interstate Highway Street Water 0 20 40 80 I I I I I US Feet N w :dahn Stater x Commission DIS Date:4/2/2024 Coordinate System: NAD 1983 Idaho TM Projection: Transverse Mercator Datum: North American 1983 Map Units: Meter This map Is only a representaemn of Tax Code Area boundaries and should not be used fur legal or surveying applications. Effective Year 2025 Proposed Taxing District Boundary Change District: EAGLE County: ADA Type: CITY ISTC Document Number: 32 ISTC Document Name: ord._915 Document Date: 2/27/2024 Tax Code Area Change(s): From: 2710000 To: 0050068 (ENLARGE) ORDINANCE NO. 915 AN ORDINANCE ANNEXING CERTAIN REAL PROitHIY SE1JATED N THE UNINCORPORATED AREA OF ADA COUNTY, IDAHO, AND CON11G000S TO THE CORPORATE LMITS OF THE CITY OF EAGLE, TO THE CITY OF EAGLE, IDAHO; CHANGING THE ZONNG CLASSIFICATION OF SAO REAL PROPERTY r1FRCRIBED HEREIN FROM RUT (RURAL -URBAN TRANSrrION - ADA COUNTY DESIGNATION) TO R-E-OA (RESIDENTIAL ESTATES WITH A DEVELOPMENT AGREEMENT); AMENDING THE ZONING MAP OF THE CITY OF EAGLE TO REFLECT SAID CHANGE; DIRECTING THAT COPIES OF THIS ORDINANCE BE PLED 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 Cly contiguous real property in the manner Provided by Section 50-222, Idaho Code; and WHEREAS. Clark Mahy the owner 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 sad real property to the City of Eagle; and WHEREAS, the owner of the real properly situated within the City of Eagle and particularly described in Exhibit "A" of this ordinance has requested, in writing, a rezone from RUT to R-E-DA; and WHEREAS, the property described h Exhibit -A" is identified by the Ada County Aaaessors Office as tax parcel number Parcel )LS0401110275; and WHEREAS. the Planning and Zoning Commission of the City, pursuant to public notice as required by law, held a public hearing on May 17, 2021, 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 iaw, held a public hearing on February 22, 2022, 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 R-E-DA for the property described In Exhibit 'A" is appropriate to meet the requirements of Idaho Code, Eagle City Code and the Eagle Comprehensive Ptan and should be granted. NOW, THEREFORE, BE FT ORDAINED BY THE MAYOR AND COUNCIL OF THE CfTY OF EAGLE, IDAHO, as foliowa: 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 properly can be reasonably assumed to be used for the orderly development of the City, and that the owner of said properly has requested, In writing, annexation thereof to the City. Section 4: The real property, all situated In Ada County, Idaho, adjacent and contiguous to the City, particularly descrbed In Exhibit "A" and as generally shown on Exhibit B. attached here to and inckrded herein by reference, is hereby annexed to the incorporated territorial limits of the City of Eagle, Idaho. Section 9: 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 (Ru- ral -Urban Transition) zoning classification and is hereby included in the R-E-DA (Residential Estates with a development agreement) zoning classification all pursuant to the Zoning Ordinance of the City of Eagle. The City Council further finds and deternines that said zone change Is in accordance with the Eagle Comprehensive Pen 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 R-E-DA zoning district. Section 41 From and after the effective date of the Ordinance, all property and persons within the boundaries and territory described above shall be sub)ect to all ordinances, resoktions, police regulations, taxation, and other powers of the City of Eagle. Section S: The City Clerk is hereby directed to file, within ten (10) days of passage and approval of the Ordinance, a certified copy of this Ordinance with the offices of the Auditor. Treasurer, and Assessor of Ada County, Idaho, and with � th'e� ��1 Idaho State Tax commission, Boise, bahho, as required by Se,tkx 150-223, Idaho Code, and to comply with the P _ �r1r P ROVED: Idaho Cod with o the preparation and filingf and legal description of to real pr�v rty 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 -Suit Fort Worth Stu -Telegram The Fresno Bee The Island Packet The Kansas City Star Lexington Herald -Leader The Telegraph - Ma -on Merced Stun -Star Miami Herald El Nuevo Herald AFFIDAVIT OF PUBLICATION The Modesto Bee The Sun News - Myrtle Beach Raleigh News & Observer Rock Hill ) The Herald The Sacramento Bee San Luis Obispo Tribune Tacoma I The News Tribune Tri-City Herald The Wichita Eagle The Olympian Account # Order Number Identification Order PO Amount Cob Depth 36791 527041 Print Legal'Ad=1PL0162534Q.- IPL0162534 $139.00 3 82 L Attention: Kellie Rekow CITY OF EAGLE / LEGALS PO BOX 1520 EAGLE, ID 836169102 clerks@cityofeagle.org nr__t t_;V�C1 $FILED CITY OF EAOLE MAR 0 4 2024 File: Route 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: 03/03/24 5-te6raiii eiaAd (Legals Clerk) 0n this 4th day of March 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 exPrilttarl the canna of Section 63-215. e, w regard prepare o a map n on + annexed by the Ordinance. A�� Section Bi This Ordinance shall take effect and be in force from and altar its passage, approval, and publicatio8AMOt'UNT PAID: • ACCOUNT is Exhibit "Er maybe viewed at Eagle City Hall, 660 E. Civic Lane, Eagle, Idaho 83616, during regular business hours. DATED this 27th day of February 2024. CHECK #: CITY COUNCIL OF THE cry OF EAGLE Ada County, Idaho Brad Pike, Mayor ATTEST: Tracy E. Osborn, Eagle City Clerk required by law. In lieu of publication of the entire ordinance, a summary thereof in compliance with Section 50-90 Idaho Code, may be published. DATE: �/�/ Exhibit A �✓ L b A parcel of land situated in a portion of Govemment Lot 1, Section 1, Township 4 North, Range 1 West, Boise Meridian, Ada County, Idaho and being more particularly described as follows: Commencing at a found aluminum cap marking the Northeast corner of sold Govemrent Lot 1, which bears N00'53'58"W a distance of 2,685.06 feet from a found brass cap marking the East 1/4 corner of said Section 1; Thence tollowing the easterly line of said Government Lot 1, S00`53'58" a distance of 1,320.07 feet; Thence leaving said easterty line, N89`13'17'W a distance of 25.00 feet to the westerly right-of-way line of North Meridian Road and being the POINT OF BEGINNING. Thence N8913'17'W a distance of 382.70 feet to a found 1/2-inch reber on the easterly boundary line of Tamara Place Subdivision (Book 58 of Plats, Page 5,538); Thence following said easterly subdivision boundary line, N00`55'02'E a distance of 534.34 feet to the southerly boundary line of Gallup Estates (Book 78, Pages 8,193-8.194); Thence leaving said easterly subdivision boundary line and following said soutery subdivision boundary line, S89'13'17"E a distance o1 382.54 feet to said westerly right-of-way line of North Meridian Road; Thence leaving saki southerly subdivision boundary line and following said westery right-of-way fine, SO0'53'58'W a distance of 534.34 feet to the POINT OF BEGINNING; Said parcel contains a total of 4.693 acres, more or less. Attached hereto is Exhibit B and by the reference is hereby made a part hereof. All subdivisions, deeds, records of surveys and other trstunents of record referenced herein are recorded documents of the county in which these described lands ere situated in. IPL0162534 Mar 3 2024 tot Notary Public in and for the state of Texas, residing in Dallas County STEP}{AtaIE HATCHER My Notary 10 4133534406 Expires January 14, 2026 Extra f geforlotortilpkatea(ndatlts. Legal doaTlnet plasedo notdlstroyl