Ordinance - 1991 - 193 - Chaning Zoning Classifications - 10/08/1991ORDINANCE NO. 193
AN ORDINANCE CHANGING THE ZONING CLASSIFICATION OF THE REAL
PROPERTY DESCRIBED HEREIN FROM THE C3 COMMERCIAL CLASSIFICATION
TO R-5 RESIDENTIAL 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 is presently included in the C3 Commercial
classification under the zoning ordinance of the City of Eagle,
and the owner thereof has requested a change of the zoning
classification of said property to the R-5 Residential
District; and
WHEREAS, the Planning and Zoning Commission of the City has, on
March 4, 1991, pursuant to public notice as required by law,
held a public hearing on the requested zone change, made findings
and conclusions, and has recommended to the City Council approval
of the requested change in zoning classification; and
WHEREAS, the City Council of the City of Eagle has, on August 26,
1991, pursuant to public notice as required by law, held a
public hearing on the requested zone change, made findings and
conclusions as required by law, and has determined that the
requested zone change should be granted.
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 removed from the C3 Commercial District and included
in the R-5 Residential District, all pursuant to the Zoning
Ordinance of the City of Eagle. The City Council further finds
and determines that said zone change 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 removed from the C3 Commercial
Classification and included in the R5 Residential Classification.
Section 3: The official Zoning Map of the City of Eagle, Idaho,
is hereby amended to reflect the foregoing change in 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, or a summary thereof in conformance with Section 50-
901A, Idaho code, in the official newspaper of the City.
DATED this 8 day of October, 1991.
ATTEST:
CITY OF EAGLE
ADA COUNTY, IDAHO
BY
STEVE GUERBER, MAYOR
*,.
0
EARA MO I T OMER
EAGLE CITY CLERK
EXHIBIT "A"
Commencing at the section corner common to Sections 16, 17, 20 & 21, T.4N.,
R.1E., B.M., Ada County, Idaho, said corner being on the centerline of
State Highway No. 69 (Eagle Road); Thence N00°56103"E, 2,640.61 feet along
the section line common to Section 16 and 17, which is also the centerline
of State Highway No. 69 (Eagle Road), to the 1/4 corner common to Sections
16 & 17; Thence continuing along said section line and centerline
N00°56'03"E, 58.89 feet to the Real Point of Beginning;
Thence S61°42'05"E, 212.57 feet along the north side of a private road
to a point;
Thence N87°24'11"E, 184.93 feet along the north side of said private
road to a point;
Thence N83°07'13"E, 121.85 feet along the north side of said private
road to a point;
Thence S80°40'27"E, 214.28 feet along the north side of said private
road to a point;
Thence S83°24'57"E, 170.35 feet along the north side of said private
road to a point;
Thence S83°20'33"E, 171.01 feet to a point;
Thence N85°37'27"E, 440.95 feet to a point;
Thence N52°51'25"W, 221.05 feet to a point on the boundary of Eagle
Annexation Ordinance No. 71, Corrected Description, said point being
on an established meander line along the south side of the Boise River
North Channel;
Thence N84°15'57"W, 115.89 feet along said boundary and meander line
to a point;
Thence N76°19'12"W, 84.23 feet to a point;
Thence N56°48'03"W, 65.13 feet to a point;
Thence N80°42'08"W, 151.01 feet to a point;
Thence N61°51'19"W, 129.67 feet to a point;
Thence N48°57'19"W, 214.46 feet to a point;
Thence N50°04'59"W, 137.57 feet to a point;
Thence N59°05'24"W, 179.24 feet to a point;
Thence N58°16'49"W, 139.63 feet to a point;
Thence N61°40'02"W, 273.52 feet, more or less, to a point on the
section line common to Section 16 and 17, said point also being on the
centerline of State Highway No. 69 (Eagle Road);
Thence S00°56'03"W, 692.45 feet along said section line and centerline
to the Real Point of Beginning.
The above described tract of land contains 12.693 acres, more or less, and
includes all roads, streets, highways, alleys, rights -of -ways. waterways
and easement areas within and adjacent to the above described tract of
land.
Page 1
ART
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20
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SE 61 42 5.0
NE 87 24 11.0
NE 83 7 13.0
SE 80 40 27.0
SE 83 24 57.0
SE 83 20 33.0
NE 85 37 27.0
NW 52 51 25.0
NW 84 15 57.0
NW 76 19 12.0
NW 56 48 3.0
NW 80 42 8.0
NW 61 51 19.0
NW 48 57 19.1
NW 50 4 59.0
NW 59 5 24.0
NW 58 16 49.0
NW 61 40 2.0
SW 0 56 3.0
212.570
184.930
121.850
214.280
170.350
171.010
440.950
221.050
115.890
84.230
65.130
151'010
129.670
214.460
137.570
179.240
139'630
273'520
692'450
NE 73 32 49.1 0.003
5000.0000
4899.2276
4907.6067
4922.2026
4887.4788
4867.9460
4848.1201
4881.7639
5015'2355
5026.8144
5046.7347
5082.3967
5106.7947
5167.9601
5308.7848
5397.0602
5489.1342
5562.5467
5692-3570
4999.9990
5000.0000
5187.1655
5371.9056
5492.8782
5704.3261
5873'5525
6043.4094
6483.0741
6306.8684
6191.5583
6109.7178
6055'2188
5906.1928
5791.8551
5630.1099
5524.5971
5370'8136
5252.0401
5011.2861
4999.9967
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u. 5. 81GNrar 20-26
SUMMARY OF
ORDINANCE 193
AN ORDINANCE CHANGING THE ZONING CLASSIFICATION OF THE REAL
PROPERTY DESCRIBED HEREIN FROM THE C3 COMMERCIAL CLASSIFICATION
TO R-5 RESIDENTIAL CLASSIFICATION; AMENDING THE ZONING MAP OF
THE CITY OF EAGLE TO REFLECT SAID CHANGE; AND PROVIDING EFFECTIVE
DATE
A summary of the principal provisions of Ordinance No. 193 of the
City of Eagle, Idaho, adopted on September 24, 1991 is as
follows:
Section 1: Finds and determines that the change of zoning
classification of the real property described in Section 2 from
C3 Commercial Classification to R-5 Residential Classification
is in the best interests of the City and is in conformance with
the City's Comprehensive Plan;
Section 2: Changes the zoning classification from C3 to R-5 of
a parcel of land situate in Section 16, parcels A and B, T4N,
R1E, B.M., Ada County, City of Eagle, Idaho;
Section 3: Amends the official Zoning Map of the City.
Section 4: Provides for effective date.
The full text of ordinance No. 193 is available at City Hall and
will be provided to any person for inspection upon personal
request during normal office hours.
DATED this 8 day of October, 1991.
CITY OF EAGLE
ounty Id
STEVE GUERBE
MAYOR OF
B
ARA MOGOME
CITY CLERK
v6�0 'Y
b.„
4484a 13 Ok:136t3t1°44
O1 J
0 .0
PROOF OF PUBLICATION
County of \da
St.0 of
Helen Alidjani, being first d.ily on oath say.; kit
she is the principal clerk of THE VALLEY NEWS, a
newspaper of general circulation, published m.eckly at
Meridian, County of Ada, State of Idaho:
That the annexed notice was published in said newspaper
• once each and every week for 1 consecutive weeks,
,Firsst publication being on the 2_ 4/14/14.fday of
i�
t �r 316'6e l_ , 19 Q / and the tact 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.
,v‘411
Principal Clerk
Su scrihcd and sworn before me this cN2 6 day of
LLfAtor,199/.
--/444/V5
otary Public
Residence:
My commissioncxpires:• JO
J —1 r9 7
(SEAL)
SUMNARY OF ORDINANCE 193
AN ORDINANCE CHANGING
THE ZONING CLASSIFICATION OF
THE REAL PROPERTY DESCRIBED
HEREIN FRON THE C3 COMMER-
CIAL CLASSIFICATION TO R-5
RESIDENTIAL CLASSIFICATION;
AMENDING THE ZONING MAP OF
THE CITY OF EAGLE TO REFLECT
SAID CHANGE; AND PROVIDING
EFFECTIVE DATE
A summary of the principal provi-
sions of Ordinance No. 193 of the City of
Eagle, Idaho, adopted on September 24,
1991 -is as follows:
Section 1: Finds and determines
that the change of zoning classification
of the -real property described in Section
2 from C3 Commercial Classification to
R-5 Residential Classification is in the
best interests of the City and is in con-
formance with the City's Comprehen-
sive Plan;
Section 2: Changes the zoning
classification from C3 to R -S of a parcel
of land situate in Sectice 16, parcels A
and. B, T4N, RIE, B.M, Ada County,
City of Eagle, Idahoc
Section 3: Amends the official
Zoning Map of the City.
Section 4: Provides for effective
date.
The full text of ordinance No. 193
is available at City Hall and will be
provided to any pence for inspection
upon personal request dating normal
office hams.
DATED this 8 day d October,
1991.
CITY OF EAGLE
Ada Cetmty, Idaho
/s/STEVE GUERBER
MAYOR OF EAGLE
ATTEST:
/s/BARBARA MONTGOMERY
CITY CLERK
Publish October 24, 1991.
CERTIFICATION OF
CITY ATTORNEY
I, the undersigned City Attorney
for and legal advisor to the City of Eagle,
Idaho, hereby certify that I have read the
foregoing Summary of Ordinance No.
193 of the City of Eagle and that the
sameis true and complete and provides
adequate notice to the public of the
contents of said ordinance.
DATED THIS 8 day of Ocotber,
1991.
/s/Mona Dobaran Mads
Cary Attorney
•
PROOF OF PUBLICATION
County of Ad.i
Stat:: of I�I.ihi�
Helen Alidjani, being first dhily sw<Irn, on oath says th.tt
she is the principal clerk of TILE VALLEY NEWS, a
newspaper of general circulation, published '.cekly at
Meridian, County of Ada, State of Idaho;
That the annexed notice was published in said newspaper
• oncc.cach and every week for consecutive weeks,
First publication being on the ?I s -e day of
OV't 4 -A -A to/L
, 19 9 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.
j Principal Clerk
7J`
Subscribed and sworn before me this V day of
Residence'�i°�/%� , -e
My commission expires..
(S EAL)
_ /
Notary Public
lam' Z
ORDINANCE NO. 193
AN ORDINANCE CHANGING THE
ZONING CLASSIFICATION OF THE
REAL PROPERTY DESCRIBED
HEREIN FROM THE C3 COMMER-
CIAL CLASSIFICATION TO R-5
RESIDENTIAL CLASSIFICATION;
AMENDING THE ZONING MAP OF
THE CITY OF EAGLE TO REFLECT
SAID CHANGE; AND PROVIDING
EFFECTIVE DATE
WHEREAS, the realptopaty par-
ticulady desrnbed in Section 2 herein-
after is presently included in the C3
Commercial classification under the
zoning ordinance of the City of Eagle,
and the owner thereof has requested a
change of the zoning classification of
said property to the R-5 Residential
District; and
WHEREAS, the Planning and
Zoning Commission of the City has, on
Marc14,1991,purauaattopublicnotice
as required by law, held a public flaring
on the requested zone change, made
findings and conclusions, and has rec-
ommended to the City Caandbapproval
of the requested change in zoning classi-
fication; and
WHEREAS, the City Council of
the City of Eagle has, on August 26,
1991, pursuant to public notice as re-
quired by law, held a public hearing on
the requested zine change, made findings
and conclusions as required bylaw, and
has determined that the requested zone
change should be granted.
NOW THEREFORE, BE IT OR-
DAINED BY THE MAYOR AND
COUNCIL OF THE CITY OF EAGLE,
IDAHO, AS FOLLOWS:
Section 1: The City Coancilhereby
fords 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 removed from the C3
Commercial District and included in the
R-5 Residential District, all pursuant to
the Zoning Ordinance of tlx City of
Eagle. The City Council further fords
and determines that said zone change is
in conformance with the Comprehen-
sive Plan of the City of Eagle.
Section 2: The real property, all
situated ntheC tyofEagle,Ada County,
Idaho, particulady described in Exht'bit
"A", which is attached hereto and iacor-
poratedherein by this reference is hereby
removed from the C3 Commercial Clas-
sification and included in the R5 Resi-
dential Classification. Section 3: The
officialZoning Map of the City of Eagle,
Idaho, is hereby amended to reflect the
foregoing change in zoning classifica-
tion Section 4: This Ordinance shall
take effect and beinfo efromandafter
its passage, approval, and one (1) publi-
cation of the Ordinance, or a summary
thereof inceuformancewith Section 50-
901A, Idaho code, in the official news-
paper of the City.
DATED this 8 day of October,
1991.
CITY OF EAGLE,
ADA COUNTY, IDAHO
BYIs/SIEVEGUERBER,
MAYOR
ATTEST:
Is/BARBARA MONTGOMERY
EAGLE CITY CLERK
Publish Oct. 31,1991
_EXHIBIT "A"
PARCEL A
A PORTION OF SECTION 16,
TOWNSHIP 4 NORTH, RANGE 1
EAST, BOISE, MERIDIAN, ADA
COUNTY, IDAHO DESCRIBED AS
FOLLOWS: BEGINNING AT THE
SOUTHWEST CORNER OF SAID
SFCTTON 16 SAID SECTION 16:
SOUTH 74° 29' 31" EAST
ALONG SAID DIXE A DISTANCE
OF 132.66 FEET, THENCE
SOUTH 89° 25' 56" EAST A DIS-
TANCE OF 129.61 1hh'T ALONG
SAID DIKE, THENCE
SOUTH 79 ° 28' 46 " EAST
ALONG SAID DIKE A DISTANCE
OF 231 .53; THENCE
SOUTH 66 °12 ' 30" EAST A
DISTANCE OF 151.19 FEET ALONG
SAID DIKE; THENCE
SOUTH 09° 28'00" EAST A DIS-
TANCE OF 90.00 FEET ALONG SAID
DIKE TO A POINT ON THE NORTH
SIDE OR A PRIVATE ROAD;
THENCE
NORTH 84° 21' 00" WEST
ALONG NORTH SIDE OF SAID
PRIVATE ROAD A DISTANCE OF
170.35 FEET; THENCE
NORTH 81° 36' 30" WEST
ALONG NORTH SIDE OF SAID
PRIVATE ROAD A DISTANCE OF
21428 FEET; THENCE
SOUTH 82° 11' 10" WEST
ALONG NORTH SIDE OF SAID
PRIVATE: ROAD A DISTANCE OF
121. 851 hh 1; THENCE
SOUTH 86° 28' 08" WEST
ALONG NORTH SIDE OF SAID
PRIVATE ROAD A DISTANCE OF
184.93 FEET; THENCE
NORTH 62° 38' 08" WEST
ALONG NORTH SIDE OF SAID
PRIVATE ROAD A DISTANCE OF
16858 FEET TO THE REAL POINT
OF BEGINNING.
EXCEPT THAT PORTION
THEREOF CONVEYED TO IDAHO
TRANSPORTATION BOARD BY
DEED RECORDED UNDER IN-
STRUMENT NO. 7612286.
PARCEL B
A PORTION OF SECTION 16,
TOWNSHIP 4 NORTH, RANGE 1
EAST, BOISE MERIDIAN, ADA
COUNTY, IDAHO, DESCRIBED AS
FOLLOWS: BEGINNING AT THE
SOUTHWEST CORNER OF SAID
SECTION 16, THENCE
NORTH ALONG THE WEST
LINE OF SAID SECTION 16, A DIS-
TANCE OF 2664.02 FEET; THENCE
SOUTH 82° 13' 43" EAST A DIS-
TANCE OF 879.90 FEET TO AN EX-
ISTING PROPERTY CORNER; BE-
ING THE REAL POINT OF BEGIN-
NING; THENCE
NORTH 8°14' 36" WEST (FOR-
MERLY NORTH 9°28' WEST) A DIS-
TANCE OF 90.00 FEET TO AN EX-
ISTING PROPERTY CORNER,
THENCE
NORTH 8°14' 36" WEST A DIS-
TANCE OF 24.42 FEET TO A POINT
ON THE SOUTH BANK OF THE
BOISE RIVER; THENCE
SOUTH 81°51' 36" EAST
ALONG SAID BANK FOR 631.99
FEET; THENCE
SOUTH 84° 41' 24" WEST A
DISTANCE OF 440.95 FEET;
THENCE
NORTH 84°16' 36" WEST A
DISTANCE OF 171.01 FEET TO THE
REAL POINT OF BEGINNING.
Publish Oct 31, 1991