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Ordinance - 1992 - 204 - Annexation - 06/23/199292't2439 ADA COUNTY, I D. FOR"�""� J. DAVID NAVARRO RECORDER BY Det.' �IeORDINANcg NO. 204 9AJ0) - Ani l =ad DROO memoa iii .1%ING 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 have 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 20, 1992, as required by Section 67-6525, Idaho Code, and recommended to the Mayor and Council that the annexation be denied, based on the density of the zoning request of R1 and intended use of the property in conflict with ECC 9-1-3.A and sections of the Purpose and Scope of the Eagle Comprehensive Plan, 1990. WHEREAS, the Eagle City Council, pursuant to public notice as required by law, held a public hearing on June 9, 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 WHEREAS, the Eagle City Council made findings and conclusions as required by law, and has determined that the requested annexation should be granted, and the zoning classification of R1 and AR are 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 Exhibit "B", which are attached, are annexed hereto and by reference incorporated herein, are 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 p.rc Ly 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 classifications of the lands described in Section 2 above are hereby established as R1 and AR,as reflected on Exhibits "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 and 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 23 day of June, 1992. CITY OF EAGLE ADA COUNTY, IDAHO BY ATTEST: MAYOR 614,E GUERBER • n • SCh YA �¢n'dJ 25? L I I ,zoAp • 0 U U 1 • • ...✓- —. • BE,IcONS '_• / idr 4 ROA { 41 a l • \\\<iti 1E- R. • \•_ r �OAO1 _ - 2546 ' 2556 • ---_ 12 5 ao - 4 - F N 0,. 0 .~V-r. F.1 r V-- .... '...9:*M • Eagle 4411.....ul_ • • CANAL N. (4-4') 0 Sh4/. •.. . • • • R'asw • .-I-5112— . 1►lib —e. .. :..f . 25 44 � Rif GdgingSta ?5bg • •-: ii lV• 4. p.. ii I. - Flume i;Tc�' T:ai el Part. • \\ B,yfLF BM 2,955 ,: cAA' -jam — .„..„...-...A„,-,--- M1Ie.. �� - :r,---,,,• �_ 42 i'"---"�-,7.Flume ; • ;L ' 254\ \ •.� r . I ° VI:: I VT - \c", 2540- DAVIS j5— A G _17• EAGLE ISLAND h 2523 2530 PRISON FARM E 1 S 18 -• A iN D •'18.j P by Tile 3 254 \\ 17 •• M,gsO,Y,C \\\ qT<:i. \\ \ \eagle Bridge V \,., :� BOISE. 1.51 ------N. r16 \': A l ti G 11• „,11 /r " ii • v.� \ C•9,y \ 9< V▪ ` I .. _ .. •.?569 1 18 121 7 *EST 1/4 SECTION 7, T4NR1 E ANNEXATION REQUEST FOR REDWOOD CREEK SUBDIVISION 28. 24' E 20SMA' 13 IH m 89' 2s 36' W 460.46 �+ 730.11 H 8 GOADS ESTATE 54 86 ACRES 4734 ' 12 7 13 118 X 01'19' 02. W 135290 1322.77 5 44 25' 36 w 1344.86- - 2 CENTER 1/4 SEC RCN 7 T4NR 1 E PLUNKETT FARM 81.43 ACRES HIGHWAY STATE S7R 7 ' W TNERLY RICHT AY lJt(i 588 4724 712.83 BY 41 34 ■ 1318.68 ZONE A 815 7 8 18 17 EXHIBIT "A" Zone: Rl (Residential) REDWOOD CREEK SUBDIVISION GOADE ESTATE DESCRIPTION APRIL 7, 1992 DESCRIPTION FOR A PARCEL OF LAND BEING PORTIONS OF GOVERNMENT LOTS 2 AND 3 AND THE SE 1/4 OF THE NE 1/4 AND THAT PORTION OF GOVERNMENT LOT 4 WHICH LIES IN THE RIGHT OF WAY OF STATE HIGHWAY 44, ALL OF THE ABOVE OF SECTION 7, TOWNSHIP 4 NORTH, RANGE 1 EAST OF THE BOISE MERIDIAN, ADA COUNTY, IDAHO, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE WEST 1/4 CORNER OF SECTION 7, T.4 N., R. 1 E., B.M., THENCE N 89°25'35" 2,515.45 FEET TO THE CENTER 1/4 OF SAID SECTION 7, THE REAL POINT OF BEGINNING OF THIS DESCRIPTION; THENCE N 01°11'34" E 1320.74 FEET TO THE NORTHEAST CORNER OF THE SE 1/4 OF THE NW 1/4 OF SAID SECITON 7; THENCE S 89°26'24" W 2068.87 FEET ALONG THE NORTH LINE OF SAID SE 1/4 OF THE NW 1/4 TO A POINT; THENCE S 00°35'20" W 2668.84 FEET TO A POINT ON THE SOUTHERLY RIGHT OF WAY OF HIGHWAY 44; THENCE N 89°47'24" E712.83 FEET ALONG SAID RIGHT OF WAY LINE TO A POINT; THENCE N 01°19'02" E 1352.96 FEET TO THE SOUTHWEST CORNER OF SAID SE 1/4 OF THE NE 1/4' THENCE N 89°25'35" E 1324.86 FEET TO THE REAL POINT OF BEGINNING OF THIS DESCRIPTION; THIS PARCEL CONTAINS 84.86 ACRES, MORE OR LESS. MICHAEL E. MARKS, 4998 EXHIBIT "B" Zone: AR (Agricultural -Residential) REDWOOD CREEK SUBDIVISION PLUNKETT FARM PARCEL DESCRIPTION MARCH 4, 1992 DESCRIPTION FOR A PARCEL OF LAND BEING THE SOUTH 1/2 OF THE SW 1/4 OF THE NE 1/4 AND THE NW 1/4 OF THE SE 1/4 AND THAT PORTION OF THE SW 1/4 OF THE SE 1/4, WHICH LIES IN THE RIGHT OF WAY OF STATE HIGHWAY 44, ALL OF THE ABOVE OF SECTION 7, TOWNSHIP 4 NORTH, RANGE 1 EAST OF THE BOISE MERIDIAN, ADA COUNTY, IDAHO, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE WEST 1/4 CORNER OF SECTION 7, T.4 N., R. 1 E., B.M., THENCE N 89°25'35" 2,515.45 FEET TO THE CENTER 1/4 OF SAID SECTION 7, THE REAL POINT OF BEGINNING OF THIS DESCRIPTION; THENCE N 01°11'34" E 660.37 FEET TO THE NORTHWEST CORNER OF THE SOUTH 1/2 OF THE SW 1/4 OF THE NE 1/4 OF SAID SECTION 7; THENCE N 89°26'07" E 1,322.72 FEET THE THE NORTHEAST CORNER OF THE SOUTH 1/2 OF THE SW 1/4 OF THE NE 1/4 OF SAID SECTION 7; THENCE S 01°10'23" W 660.14 FEET TO THE EAST 1/16 OF SAID SECTION 7; THENCE S 01°21'37" W 1,369.80 FEET TO THE INTERSECTION OF THE EAST LINE OF THE SW 1/4 OF THE SE 1/4 AND THE SOUTHERLY RIGHT OF WAY OF HIGHWAY 44; THENCE S 89°47'24" W 1,318.66 FEET ALONG SAID RIGHT OF WAY LINE TO THE INTERSECTION WITH THE WEST LINE OF SAID SW 1/4 OF THE SE 1/4; THENCE N 01°11'26" E 1,361.29 FEET TO THE REAL POINT OF BEGINNING OF THIS DESCRIPTION; THIS PARCEL CONTAINS 61.43 ACRES, MORE OR LESS. MICHAEL E. MARKS, 4998 CITY OF EAGLE, IDAHO SUMMARY OF ORDINANCE 204 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. 204 of the City of Eagle, Idaho, adopted on June 23, 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 the S 1/2 of the SW 1/4 of the NE 1/4 and the NW 1/4 of the SE 1/4 and that portion of the SW 1/4 of the SE 1/4, which lies in the Right of Way of State Highway 44, all of the above of S 7, T 4 N, R 1 E B.M., County of Ada, Idaho; and description for a parcel of land being portions of Government lots 2 and 3 and the SE 1/4 of the NE 1/4 and that portion of Government lot 4 which lies in the Right of Way of State Highway 44, all of the above of S 7, T 4 N, R 1 E of the B.M., County of Ada, Idaho. Section 3: Provides that the annexed property shall be subject to ordinances and regulations of the City. Section 4: Zone the annexed property R1, (Residential, one unit per acre) and 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. 204 are on file for review and inspection at the Eagle City hall during normal business hours. DATED this 23 day of June, 1992. �C ' OF, -L GL d.: ho Steve Guer Ma Ba •ara ont.ome Eagle City Clerk vs0R111.n0�'; ` O , • ROOF OF PUBLICATILi . 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 —2 K�` day of �" I ,19 9 at , 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. //A/Z.1 Principal Clerk ribed and sworn before me this " 7� day of S , 19. Notary Public Residence: My commission expires: J r/ -97 7 (SEAL) <C /1 /44,, 004- aetv,Ce CITY OF EAGLE, IDAHO SUMMARY OF ORDINANCE 204 An ordnance annexing certain teal 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. 204 of the City of Eagle, Idaho, adopted on June 23, 1992, is as follows: SecligiLL Makes findings that the property can legally be annexed by the City. Section 2; Describes the annexed property astheS 1R of the SW 1/4 of the NE 1/4 and the NW 1/4 of the SE 1/4 and that portion of the SW 1/4 of the SE 1/4, which lies in the Right of Way of State Highway 44, all of the above of S 7, T 4 N, R 1 E B.M., County of Ada, Idaho; and deacon for aparcel oflandbeing portions of Government lots 2 and 3 and the SE 1/4 of the NE 1/4 and that portion of C . ._ ..... lot 4 which lies in the Right of Wayof State Highway 44, all of theabove ofS 7,T4N,R 1 EoftheB.M., County of Ada, Idaho. Section 3: Provides that the annexed property shall be subject to ordinances and regulations of the City. Section 4: Zone the annexed property R1, (Residential, one unit per aae)and 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. 204 are on file for review and inspection at the Eagle City hall during normal business haus. DATED this 23 day ofJune, 1992. CITY OF EAGLE Ada Canty, Idaho /s/Steve Guerber Mayor Attest: /s/Barben Montgomery >agleQV/ Clerk a LeaLATION OF CITY ATTORNEY I, the • ` . 1 City Attorney for and legal advisor to the city of Eagle, Idaho, hereby cefifiy that I have read the attached summary of Ordiance No. 204 of the City of Eagle, that the same is true and complete and provides adequate notice to the public of the contents of said Ordinanca.. DATEDTHIS 23 DAYOFJUNE, 1992. hrAM NA MACK rrry a rrr nix v