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Ordinance - 1992 - 196 - Zoning Classifications - 01/14/1992opeomat,L ORDINANCE NO. 196 AN ORDINANCE ESTABLISHING THE ZONING CLASSIFICATION OF THE REAL PROPERTY DESCRIBED HEREIN TO M2 MANUFACTURING CLASSIFICATION; AMENDING THE ZONING MAP OF THE CITY OF EAGLE TO REFLECT SAID CHANGE; AND PROVIDING EFFECTIVE DATE WHEREAS, the real property particularly described in Section 2 hereinafter was annexed on June 12, 1990 ,is presently not zoned, and the owners have requested a zoning classification of said property to the M3 Manufacturing District; and WHEREAS, the Planning and Zoning Commission of the City has, on July 15, 1991, pursuant to public notice as required by law, held a public hearing on zoning classification, made findings and conclusions, and has recommended to the City Council a zoning classification of R5 Residential; and WHEREAS, the City Council of the City of Eagle has, on October 22, 1991, pursuant to public notice as required by law, held a public hearing on the zoning classification, made findings and conclusions as required by law, and has determined that the zone R5, Residential, recommended by Eagle Planning and Zoning and the zone M3 Manufacturing District requested by the owners are inappropriate and has determined that the property should be zoned M3 Manufacturing District, the owners have consented. NOW THEREFORE, BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE CITY OF EAGLE, IDAHO, AS FOLLOWS: Section 1: The City Council hereby finds and determines that it is in the best interests of the public health, safety, and welfare of the City of Eagle and the residents and property therein that the real property particularly described in Section 2 below be entered into the M2 Manufacturing District, all pursuant to the Zoning Ordinance of the City of Eagle. The City Council further finds and determines that said zone classification is in conformance with the Comprehensive Plan of the City of Eagle. Section 2: The real property, all situated in the City of Eagle, Ada County, Idaho, particularly described in Exhibit "A", which is attached hereto and incorporated herein by this reference is hereby Classified and included in the M2 Manufacturing Classification. Section 3: The official Zoning Map of the City of Eagle, Idaho, is hereby amended to reflect the foregoing zoning classification. Section 4: This Ordinance shall take effect and be in force from and after its passage, approval, and one (1) publication of the Ordinance, in conformance with Section 50-901A, Idaho code, in the official newspaper of the City. DATED this 14 day of January , 1992. CITY OF EAGLE ADA COUNTY, IDAHO BY ATTEST: s nil flna094 °- 01°';f:: BARBARA SIONTGOME EAGLE CITI"CLERK tir s - J• STEVE GUERBER, MAYOR Eagle Lioid Co, A TRACT OF LAND SITUATED IN THE SOUTHEAST QUARTER OF SECTION 10, TOWNSHIP 4 NORTH, RANGE 1 EAST, BOISE -MERIDIAN, ADA COUNTY, IDAHO MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT THE CENTER QUARTER CORNER OF SAID SECTION 10, THENCE EAST A DISTANCE OF 1082.6G FEET TO THE REAL POINT OF BEGINNING, THENCE CONTINUING EAST A DISTANCE OF 271.23 FEET, THENCE NORTH 01°04'31" EAST A DISTANCE OF 507.89 FEET TO A POINT ALONG THE FARMERS UNION CANAL, THENCE SOUTH 39°00'14" EAST ALONG SAID FARMERS UNION CANAL, A DISTANCE OF 269.63 FEET, THENCE SOUTH 09°54'31" EAST ALONG SAID FARMERS UNION CANAL A DISTANCE OF 302.60 FEET, THENCE SOUTH 14°22'00" EAST ALONG SAID FARMERS UNION CANAL A DISTANCE OF'87.00 FLET, THENCE SOUTH 27°28'00" EAST ALONG SAID FARMERS UNION CANAL A DISTANCE OF 900.00 FEET, THENCE SOUTH 30°13'00" EAST ALONG SAID FARMERS UNION CANAL A DISTANCE OF 300.00 FEET, THENCE SOUTH 35°13'00" EAST ALONG SAID FARMERS UNION CANAL A DISTANCE OF 218.00 FEET, THENCE NORTh 89°45'42" WEST (FORMERLY WEST) A DISTANCE OF 2324.20 FEET TO AN IRON PIN, (FORMERLY 2316.00 TO THE SAME PIN). THENCE NORTH 00°48'03" EAST A DISTANCE OF 708.20 FEET, THENCE SOUTH 70°15'08" EAST A DISTANCE OF 235.80 FEET, THENCE NORTH 75°00'00" EASY A DISTANCE OF 706.00 FEET, THENCE NORTH 20°00'00" EAST A DISTANCE OF 536.00 FEET TO THE REAL POINT OF BEGINNING TOGETHER WITH INGRESS AND EGRESS OVER AND ACROSS THE NORTH 50 FEET OF THE FOLLOWING DESCRIBED PROPERTY: A PORTION OF SECTION 10, TOWNSHIP 4 NORTH, RANGE 1 EAST, BOISE -MERIDIAN, ADA COUNTY, IDAHO, MORE PARTICULARLY DESCRIBED AS FOLLOWS: FROM THE SOUTHEAST CORNER OF SECTION 10, TOWNSHIP 4 NORTH, RANGE 1 EAST, IN STATE HIGHWAY NO. 15, AND MARKED 10'11. AND RUNNING, THENCE 15'14 N RTH 1319.8 FEET TO THE SOUTHEAST CORNER OF THE NORTHEAST QUARTER OF THE SOUTHEAST QUARTER, SECTION 10, TOWNSHIP 4 NORTH, RANGE 1 EAST, BOISE -MERIDIAN, ADA COUNTY, IDAHO, THE REAL POINT OF BEGINNING THENCE NORTH 288.95 FEET TO AN IRON PIN, THENCE SOUTH 88°10' WEST 443.4 FEET TO AN IRON PIN, AT THE RIGHT OF WAY FENCE OF THE FARMER'S UNION CANAL, THENCE SOUTH 32°30' EAST ALONG THE RIGHT OF WAY FENCE 328.9 FEET TO AN IRDN PIN, THENCE NORTH 89°30' EAST 266.3 FEET TO THE POINT OF BEGINNING ALSO TOGETHER WITH ACCESS BRIDGE ACROSS FARMERS UNION CANAL, AS REFERRED TO IN WARRANTY DEED RECORDED FEBRUARY 11, 1899, IN BOOK 39 OF DEEDS AT PAGE 125, RECORDS OF ADA COUNTY, IDAHO. EXCEPT DITCH AND ROAD RIGHTS OF WAY ACa County. IGano. ss Raqu�st of Lawyer Title TIME BATE ,s .7 — X JOHf ASi'DA ORDES 1�. ' DtputY M.GMWAY 55 HORSESHOE Principal Clerk day o tary Public My commission expires: J) -97 • PROOF OF PUBLICATION 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 023"L day of ,19 92 ,and the Last publication beingonthe 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. r1 c„/ r; �U'v /Ade- .9,% • Sub ri r r and sworn before me this ,19 9.07 -- Residence: (SEAL) 1 • FEET TO THE REAL POINT OF BE - 12 Frida Januar GINNING, Y THENCE CONTINUING EAST A DISTANCE OF 271.23 FEET, THENCE NORTH 01'04'31” EAST A DISTANCE OF 507.89 FEET TO A POINT ALONG THE FARMERS UNION CANAL, THENCE SOUTH 39'00'14" EAST ALONG SAID FARMERS UNION CANAL, A DISTANCE 0E269.63 FEET, THENCE SOUTH 09'54'31" EAST ALONG SAID FARMERS UNION CANAL A DISTANCE OF 302.80 FEET, THENCE SOUTH 14'22'00" EAST ALONG SAID FARMERS UNION CANAL A DISTANCE OF 87.00 FEET, THENCE SOUTH 27'28'00" EAST ALONG SAID FARMERS UNION CANAL A DISTANCE OF 900.00 FEET, THENCE SOUTH 30'13'00" EAST ALONG SAID FARMERS UNION CANAL A DISTANCE OF 300.00 FEET, THENCE SOUTH 35'13'00" EAST ALONG SAID FARMERS UNION CANAL A DISTANCE OF 218.00 FEET, THENCE NORTH 89'45'42" WEST (FOR- MERLY WEST) A DISTANCE OF 2324.20. FEET TO AN IRON PIN, (FORMERLY 2316.00 TO THE SAME PIN). THENCE NORTH 00'48'03" EAST A DISTANCE OF 708.20 FEET, THENCE SOUTH 70'15'08" EAST A DISTANCE OF 235.80 FEET, THENCE NORTH 75'00'00" EAST A DISTANCE OF 706.00 FEET THENCE NORTH 20'00'00" EAST A DISTANCE OF 536.00 FEET TO THE REAL POINT OF BEGINNING TOGETHER WITH INGRESS AND EGRESS OVER AND ACROSS THE NORTH 50 FEET OF THE FOLLOW- ING DESCRIBED PROPERTY: A PORTION OF SECTION 10, TOWNSHIP 4 NORTH, RANGE 1 EAST, BOISE -MERIDIAN, ADA COUNTY, IDAHO, MORE PAR- TICULARLY DESCRIBED AS FOL- LOWS: FROM THE SOUTHEAST CORNER OF SECTION 10, TOWNSHIP 4 NORTH, RANGE 1 EAST, IN STATE HIGHWAY NO. 15, AND MARKED 10'11. AND RUNNING, THENCE 15'14 NORTH 1319.8 FEET TO THE SOUTHEAST CORNER OF THE NORTHEAST QUARTER OF THE SOUTHEAST QUARTER, SECTION 10, TOWNSHIP 4 NORTH, RANGE 1 EAST, BOISE -MERIDIAN, ADA COUNTY, IDAHO THE REAL POINT OF BEGINNING THENCE NORTH 288.95 FEET TO AN IRON PIN, THENCE SOUTH 88'10' WEST 443.4 FEET TO AN IRON PIN, AT THE RIGHT OF WAY FENCE OF THE FARMERS UNION CANAL, THENCE SOUTH 32'30' EAST ALONG THE RIGHT OF WAY FENCE 328.9 FEET TO AN IRON PIN, THENCE NORTH 89'30' EAST 266.3 FEET TO THE POINT OF BEGINNING ALSO TOGETHER WITH ACCESS BRIDGE ACROSS FARMERS UNION CANAL AS REFERRED TO IN WARRANTY DEED RECORDED FEBRUARY 11, 1899, IN BOOK 39 OF DEEDS AT PAGE 125, RECORDS OF ADA COUNTY, IDAHO. kXCEFTDITCH AND ROAD RIGHTS OF WAY V 1 �+ ORDINANCE NO. 196 AN ORDINANCE ESTAB- LISHING THE ZONING CLASSIFI- CATIONOFTHEREALPROPERTY DESCRIBED HEREIN TO M2 MANUFACTURING CLASSIFICA- TION; AMENDING THE ZONING MAP OF THE CITY OF EAGLE TO REFLECT SAID CHANGE; AND PROVIDING EFFECTIVE DATE WHEREAS, the real property particularly described in Section 2 hereinafter was annexed on June 12, 1990 ,is presently not zoned, and the owners have requested a zoning clas- sification of said property to the M3 Manufacturing District; and WHEREAS, the Planning and Zoning Commission of the City has, on July 15,1991, pursuant to public notice as required by law,held a public hearing on zoning classification, made findings and conclusions, and has rec- ommended to the City Council a zon- ing classification of R5 Residential; and WHEREAS, the City Council of the City of Eagle has, on October 22, 1991, pursuant to public notice as re- quired by law, held a public hearing on the zoning classification, made findings and conclusions as required by law, and has determined that the wne R5, Residential, recommended by Eagle Planning and Zoning and the zone M3 Manufacturing District requested by the owners are inappropriate and has determined that the property should be zoned M3 Manufacturing District, the owners have consented. NOW THEREFORE, BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE CITY OF EAGLE, IDAHO, AS FOLLOWS: Section 1: The City Council hereby finds and determines that it is in the best interests of the public health, safety, and welfare of the City of Eagle and the residents and property therein that the real property particularly de- scribed in Section 2 below be entered into the M2 Manufacturing District, all pursuant to the Zoning Ordinance of the City of Eagle. The City Council further fmds and determines that said zone classification is in conformance with the Comprehensive Plan of the City of Eagle. Section 2: The real property, all situated in the City of Eagle, Ada County, Idaho, particularly described in Exhibit "A", which is snitched hereto and jncotporated herein by this refer- ence is hereby Classified and included in the M2 Manufacturing Classifica- tion. Section 3: The official Zoning Map of the City of Eagle, Idaho is hereby amended to reflect the fore- going zoning classification. Section 4: This Ordinance shall take effect and be in force from and after its passage, approval, and one(1) publication of the Ordinance, in con- formance with Section 50-901-A, Idaho code, in the official newspaper of the City. Dated this 14th day of January, 1992. CITY OF EAGLE ADA COUNTY, IDAHO BY/sISTEVEGUERBER MAYOR ATTEST: Is/ BARBARA MONTGOMERY A tract of'land situated in the South half of the Southeast quarter of Section 10, Township 4 North, Range 1 East, Boise - Meridian, Ada County, Idaho, more particularly described as follows: