Ordinance - 1991 - 183 - Annexation - 03/26/19910
ORDINANCE NO. 183
MORK
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
November 5, 1990, as required by Section 67-6525, Idaho Code, and
recommended to the Mayor and Council that the annexation be
denied, based on the zoning request of R5.
WHEREAS, the Eagle City Council, pursuant to public
required by law, held a public hearing on December 12,
the proposed annexation and zoning for the real
described in Section 2 below, as required by Section
Idaho Code; and
notice as
1990, on
property
67-6525,
WHEREAS, the Eagle City Council, continued the public hearing at
the request of the property owners until the meeting of March 12,
1991; 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, by reducing the zoning
classification to R4 the and zoning would 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" which 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 lands
described in Section 2 above is hereby established as R-4, as
provided by the Zoning Ordinance of the City. The Comprehensive
Plan and Zoning Map of the City is hereby amended to include the
real property described in Section 2 above in the R-4 zoning land
use classification.
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 ,2(p day of March, 1991.
ATTEST:
CITY OF EAGLE
ADA COUNTY, IDAHO,
BY
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MA'0R VEVE GUERBER
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MERY � r,
EAGLE CITY CLERK
EXHIBIT A
AVANTE CASA
ANNEXATION PARCEL
Lots 1 through 5 of Patterson's Subdivision located in the S
1/2 of the SW 1/4 of Section 10, T.4N., R.1E., S.M., Ada County,
Idaho; more particularly described as follows:
Commencing at the Section corner common to Sections 9, 10, 15
and 16 of said T.4N., R.1E.;
thence N 0°00'00" E along the section line common to said
sections 9 and 10 said line also being the centerline of Edgewood
Drive, distance of 1,321.50 feet to a point,
thence departing said centerline N 89°20'21" E a distance of
25.00 feet to a point on the Easterly right-of-way line of Edgewood
Drive, said point also being the Real Point of Beginning;
thence continuing N 89°20'21" E along the Northerly line of
the S 1/2 of the SW 1/4 of said Section 10, said line also being
the Northerly line of Lot. 1 of said Patterson's Subdivision,
1,375.49 feet to a point;
thence 5 0°00'00" W departing the Northerly line of the s 1/2
of the SW 1/4 of said Section 10, 1,338.00 feet to a point on the
Southerly line of said Section 10, and the Southerly line of Lot
5 of Patterson's Subdivision;
thence N 89°59'09" W along the southerly line of said Section
10, a distance of 1,375.4 feet to a point on the Easterly right-
of-way of Edgewood Drive;
thence N 0°00'00" E along the Easterly right-of-way line of
Edgewood Drive a distance of 1,321.50 feet to the Real Point of
Beginning;
Parcel contains 42.7498 acres
Also including the Easterly right-of-way of Edgewood Drive.
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CERTIFICATION
I, the undersigned, Barbara Montgomery , the duly qualified
and acting City Clerk of the City of Eagle, Ada County,
Idaho, do hereby certify that the attached is a full, true, and
correct copy of Ordinance 183 of the City of Eagle, dated MARCH
26, 1991.
BARBARA MONTGO RY
EAGLE CITY CLERK
CITY OF EAGLE, IDAHO
SUMMARY OF ORDINANCE 183
II rAp_
An ordinance annexing certain real property situated in the
unincorporated area of Ada County, Idaho, and contiguous to the
corporate limits of the City pf 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. 183 of the
City of Eagle, Idaho, adopted on March 26, 1991, is as follows:
Section 1: Makes findings that the property can legally be
annexed by the City.
Section 2: Describes the annexed property as lots 1 through
5 of Patterson's Subdivision located in the S 1/2 of the SW
1/4 of Section 10, T.4N., R.1E., B.M., Ada County Idaho
Section 3: Provides that the annexed property shall be
subject to ordinances and regulations of the City.
Section 4: Zones the annexed property R-4, Residential, 4
units per acre.
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. 183 are on file for review and inspection
at the Eagle City hall during normal business hours.
DATED this 26th day of March, 1991.
CITY OF EAGLE
ount, , I
Steve Guer•er ,o°f F 1 /4_
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Barbara Mon % omOtai
Eagle City Ck �JC3a� ti
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Mayor
CERTIFICATION OF CITY ATTORNEY
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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. 183 of the City of Eagle and
that the same is true and complete and provides adequate notice
to the public of the contents of said ordinance.
DATED THIS 26 day March, 1991.
r)41. 4eL
Mona D aran Mac , City Attorney
ROOF OF PUBLICATIC..I
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- day of
,19 g'/ , 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.
/41°— 11114‘;
Principal Clerk
Subscribed and sworn before me this
Residence:
day of
,194/.
624,7 $,7A.Q_Aiz.4zf
/Notary Public
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My commission expires: /()/%
(SEAL)
SUMMARY OF ORDINANCE 183
An ordinance annexing certain real
property situated in the unincorporated
area of Ada County, Idaho, and Con-
tiguous tothe corporate limits of the
of Eagle, Idaho; establishing the zoning
classification of said real property; di-
recting that copies of this ordinance be
filed as provided by law; and providing
an effective date.
A summary of the principal pro-
vision of Ordinance No. 183 of the City
of Eagle, Idaho, adopted on March 26,
1991, is as follows:
Section 1: Makes findings that the
property can legally be annexed by the
City.
Section 2: Describes the annexed
property as lots 1 through 5 of Patterson's
Subdivision located in the S 1/2 of the
SW 1/4 of Section 10, T.4N., R.IE.,
B.M., Ada County Idaho
Section 3: Provides that the an-
nexed property shall be subject to ordi-
nances and regulations of the City.
Section 4: Zones the annexed
property R-4, Residential, 4 units per
acre.
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. 183 are
on file for review and inspection at the
Eagle City hall during normal business
hours.
DATED this 26th day of March, 1991.
CITY OF EAGLE Ada County, Idaho
Steve Guerber
Mayor
is/Barbara Montgomery
City Clerk
Publish April 4