Ordinance - 1990 - 163 - Annexation - 05/08/1990ORDINANCE NO. 163
AN ORDINANCE ANNEXING CERTAIN REAL PROPERTY SITUATE 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;
ESTABLISHING THE ZONING CLASSIFICATION OF SAID REAL PROPERTY;
DIRECTING THAT COPIES OF THIS ORDINANCE BE FILED AS PROVIDED BY
LAW; AND PROVIDING EFFECTIVE DATE
WHEREAS, the City of Eagle, Idaho (the "City") , 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 situate 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
pursuant to public
on March 19, 1990,
recommended to the
zoned as follows:
Parcel 4, M-3; and
Planning and Zoning Commission of the City,
notice as required by law, held a public hearing
as required by Section 67-6525, Idaho Code, and
Mayor and Council that the annexed property be
Parcel 1, R-5; Parcel 2, R-5; Parcel 3, C-3;
Parcel 5, M-3; and
WHEREAS, the Eagle City Council, pursuant to public notice as
required by law, held a public hearing on March 27, 1990, on the
proposed zoning for the real property described in Section 2 below,
as required by Section 67-6525, Idaho Code.
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 owners of said
property have requested, in writing, annexation thereof to the
City.
Section 2: The real property, all situate 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.
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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 classifications of the lands
described in Section 2 above is hereby established as follows:
Parcel 1, R-5; Parcel 2, R-5; Parcel 3, C-3; Parcel 4, M-3; and
Parcel 5, M-3, as provided by the Zoning Ordinance of the City.
The Zoning Map of the City is hereby amended to include the real
property described in Section 2 above in the land use
classifications established in this Section.
Section 5: The City Clerk is hereby directed to file, within
ten (10) days of the 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 8th day of May, 1990.
CITY OF EAGLE
Ada County, Idaho
By
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(41
Steve Guerber, Mayor
t'i
EXHIBIT "A"
PART ONE: AREA OF ANNEXATION
A PARCEL OF LAND LOCATED IN THE NE 1/4 AND THE SE 1/4 OF SECTION 10, TOWNSHIP 4 NORTH,
RANGE 1 EAST, BOISE MERIDIAN, ADA COUNTY, IDAHO, AND MORE PARTICULARLY DESCRIBED AS
FOLLOWS:
BEGINNING AT A BRASS CAP MARKING THE EAST 1/4 OF SECTION 10; THENCE N 89°31'42" W A
DISTANCE OF 40.00 FEET TO A POINT, A POINT BEING ON THE NORTH LINE OF THE SE 1/4 OF SAID
SECTION 10 AND BEING ON THE WEST RIGHT-OF-WAY OF STATE HIGHWAY 55, SAID POINT BEING
THE POINT OF BEGINNING;
THENCE S 01°17'43" W A DISTANCE OF 1,026.77 FEET ALONG SAID WEST RIGHT-OF-WAY TO A
POINT;
THENCE S 88°17'22" W A DISTANCE OF 409.19 FEET TO A POINT ON THE NORTHEASTERLY RIGHT-
OF-WAY OF THE FARMERS UNION CANAL;
THENCE S 32°22'38" E A DISTANCE OF 328.90 FEET TO A POINT ALONG SAID NORTHEASTERLY
RIGHT-OF-WAY;
THENCE S 89°37'22" E A DISTANCE OF 12.30 FEET TO A POINT ON THE SOUTH UNE OF THE NE 1/4
OF THE SE 1/4 OF SAID SECTION 10;
THENCE S 48°26'25" E A DISTANCE OF 280.27 FEET TO A POINT ON THE WEST RIGHT-OF-WAY OF
STATE HIGHWAY 55;
THENCE S 01°19'39" W A DISTANCE OF 1,022.08 FEET ALONG SAID WEST RIGHT-OF-WAY OF
STATE HIGHWAY 55 TO A POINT;
THENCE N 72°00'00" W A DISTANCE OF 287.10 FEET TO A POINT;
THENCE N 70°00'00" W A DISTANCE OF 875.00 FEET TO A POINT;
THENCE N 83°00'00" W A DISTANCE OF 970.00 FEET TO A POINT;
THENCE N 68°35'00" W A DISTANCE OF 199.15 FEET TO A POINT;
THENCE N 00°38'55" W A DISTANCE OF 193.97 FEET TO A POINT;
THENCE N 12°17'56" E A DISTANCE OF 181.07 FEET TO A POINT;
THENCE N 06°39'29" W A DISTANCE OF 273.30 FEET TO A POINT ON THE SOUTH LINE OF THE NW
1/4 OF THE SE 1/4 OF SAID SECTION 10;
THENCE N 89°3T22" W A DISTANCE OF 354.70 FEET ALONG SAID SOUTH LINE TO THE SW CORNER
OF THE NW 1/4 OF THE SE 1/4 OF SAID SECTION 10;
THENCE N 00°5246" E A DISTANCE OF 1,322.55 FEET TO A 5/8" IRON PIN MARKING THE CENTER
1/4 CORNER OF SAID SECTION 10:
THENCE S 89°31'42" E A DISTANCE OF 1,335.50 FEET TO THE NE CORNER OF THE NW 1/4 OF THE
SE 1/4 OF SAID SECTION 10;
THENCE N 01°21'48" E A DISTANCE OF 330.00 FEET TO A POINT ON THE EAST UNE OF THE WEST
HALF OF THE NE 1/4 OF SAID SECTION 10;
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HENCE N 89°31'42" W A DISTANCE OF 667.38 FEET To\A POINT ON THE WEST LINE OF THE EAST
HALF OF THE WEST HALF OF THE NE 1/4 OF SAID SECTION 10;
THENCE N 01°25'44" E A DISTANCE OF 2,298.21 FEET ALONG SAID WEST LINE TO A POINT ON THE
NORTH UNE OF THE NE 1/4 OF SAID SECTION 10;
THENCE S 89°44'38" E A DISTANCE OF 664.79 FEET ALONG SAID NORTH LINE TO THE NE CORNER
OF THE NW 1/4 OF THE NE 1/4 OF SAID SECTION 10;
THENCE S 01°21'48" W A DISTANCE OF 2,046.31 FEET ALONG THE EAST UNE OF THE WEST HALF
OF THE NE 1/4 OF SAID SECTION 10 TO A POINT ON THE NORTHEASTERLY RIGHT-OF-WAY OF THE
FARMERS UNION CANAL;
THENCE S 43°03'00" E A DISTANCE OF 226.17 FEET ALONG SAID NORTHEASTERLY RIGHT-OF-WAY
TO A POINT;
THENCE S 41°00'53" E A DISTANCE OF 131.98 FEET ALONG SAID NORTHEASTERLY RIGHT-OF-WAY
TO A POINT;
THENCE S 08°34'19" E A DISTANCE OF 222.00 FEET ALONG SAID NORTHEASTERLY RIGHT-OF-WAY
TO A POINT;
THENCE S 17°28'23" E A DISTANCE OF 187.59 FEET ALONG SAID NORTHEASTERLY RIGHT-OF-WAY
TO A POINT;
THENCE N 85°53'00" E A DISTANCE OF 953.60 FEET TO THE POINT OF BEGINNING.
SAID PARCEL CONTAINS 159.920 ACRES, MORE OR LESS.
PART TWO: DESCRIPTIONS OF ZONING DISTRICT BOUNDARIES WITHIN THE
PREVIOUSLY DESCRIBED ANNEXATION
PARCEL 1: R-5
THE EAST ONE-HALF OF THE WEST ONE-HALF OF THE NORTHEAST ONE-QUARTER (E 1/2 W 1/2 NE
1/4) OF SECTION 10, TOWNSHIP 4 NORTH, RANGE 1 EAST OF THE BOISE MERIDIAN, ADA COUNTY,
IDAHO.
EXCEPT THE SOUTH 330 FEET THEREOF.
PARCEL 2: R-5
A PARCEL OF LAND LOCATED IN THE NW 1/4 OF THE SE 1/4 OF SECTION 10, TOWNSHIP 4 NORTH,
RANGE 1 EAST, BOISE MERIDIAN, ADA COUNTY, IDAHO AND MORE PARTICULARLY DESCRIBED AS
FOLLOWS:
BEGINNING AT A POINT MARKING THE WEST ONE-QUARTER CORNER OF SECTION 10;
THENCE NORTH 89°00'56" EAST 2,654.10 FEET ALONG THE NORTHERLY BOUNDARY OF THE SE
1/4 OF SECTION 10 TO A POINT MARKING THE CENTER OF SAID SECTION 10, ALSO SAID POINT
BEING THE POINT OF BEGINNING;
THENCE NORTH 89°50'56" EAST, (ALSO SHOWN OF RECORD AS EAST) 1,082.60 FEET ALONG THE
NORTHERLY BOUNDARY OF SAID NW 1/4 OF THE SE 1/4 OF SECTION 10 TO A POINT;
THENCE SOUTH 19°50'56" WEST (ALSO SHOWN OF RECORD AS SOUTH 20' WEST) 536.00 FEET TO
A POINT;
THENCE SOUTH 76°56'57" WEST 694.34 FEET (ALSO SHOWN OF RECORD AS SOUTH 75°00' WEST,
706 FEET) TO A POINT
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THENCE NORTH 74°27'52' WEST, (ALSO SHOWN OF RECORD AS NORTH 70°15' WEST) 235.80 FEET
TO A POINT ON THE WESTERLY BOUNDARY OF SAID NW 1/4 OF THE SE 1/4 OF SECTION 10;
THENCE NORTH 0°17'16" EAST, 594.95 FEET (ALSO SHOWN OF RECORD AS NORTH 595.6 FEET)
ALONG THE WESTERLY BOUNDARY OF THE NW 1/4 OF THE SE 1/4 OF SECTION 10 TO THE POINT
OF BEGINNING.
PARCEL 3: C-3
A PARCEL OF LAND LOCATED IN THE NE 1/4 OF SE SECTION 10, TOWNSHIP 4 NORTH, RANGE 1
EAST OF THE BOISE MERIDIAN IN ADA COUNTY, IDAHO, MORE PARTICULARLY DESCRIBED AS
FOLLOWS:
BEGINNING AT THE SECTION CORNER COMMON TO SECTION 2, 3, 10 AND 11, TOWNSHIP 4 NORTH,
RANGE 1 EAST OF THE BOISE MERIDIAN;
THENCE SOUTH ALONG THE SECTION LINE A DISTANCE OF 2,615.6 FEET TO THE EAST 1/4 CORNER
OF SAID SECTION 10, THE POINT OF BEGINNING;
THENCE WEST ALONG THE EAST -WEST MID-SECTION LINE A DISTANCE OF 40 FEET;
THENCE SOUTH 85°37' WEST A DISTANCE OF 953.6 FEET TO A POINT ON THE NORTHEASTERLY
RIGHT -OF WAY- OF THE FARMERS UNION CANAL AND ALSO ON THE EAST -WEST MID-SECTION LINE
OF SAID SECTION UNE;
THENCE SOUTH 28°17' EAST A DISTANCE OF 797.7 FEET MORE OR LESS TO THE NORTHWEST
CORNER OF THAT PARCEL OF LAND DESCRIBED IN WARRANTY DEED #724499, RECORDED ON
SEPTEMBER 3, 1969;
THENCE NORTH 83°53' EAST A DISTANCE OF 575.9 FEET TO A POINT;
THENCE EAST A DISTANCE OF 40 FEET TOTHE NORTHEAST CORNER OF SAID PARCEL OF LAND
DESCRIBED IN SAID WARRANTY DEED #724499;
THENCE NORTH ALONG THE EAST SECTION UNE OF SAID SECTION 10 A DISTANCE OF 713.7 FEET
TO THE POINT OF BEGINNING.
SUBJECT TO THE RIGHT -OF WAY OF STATE HIGHWAY #55 ALONG THE EAST BOUNDARY OF THE
ABOVE DESCRIBED PROPERTY.
PARCEL 4: M-3
A PARCEL OF LAND LOCATED IN THE SE 1/4 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 1,082.60 FEET TO THE 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 302.80
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 FARMER 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 89045'42" WEST (FORMERLY WEST) A DISTANCE OF 2,324.20 FEET TO AN IRON PIN
(FORMERLY 2,316.00 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 POINT OF BEGINNING.
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PARCEL 5: M-3
A PARCEL OF LAND LOCATED IN THE SOUTH 1/2 OF THE SE 1/4 OF SECTION 10, TOWNSHIP 4
NORTH, RANGE 1 EAST, BOISE MERIDIAN, ADA COUNTY, IDAHO, MORE PARTICULARLY DESCRIBED
AS FOLLOWS:
BEGINNING AT A P.K. NAIL MARKING THE NORTHEAST CORNER OF THE SOUTHEAST QUARTER OF
THE SOUTHEAST QUARTER OF SAID SECTION 10;
THENCE SOUTH 89°4700" WEST A DISTANCE OF 40.00 FEET TO A POINT ON THE WEST RIGHT-OF-
WAY OF HIGHWAY 55;
THENCE SOUTH 00°12'56" WEST ALONG SAID WEST RIGHT-OF-WAY, A DISTANCE OF 182.66 TO THE
POINT OF BEGINNING;
THENCE CONTINUING SOUTH 00°12'56" WEST ALONG SAD WEST RIGHT-OF-WAY, A DISTANCE OF
1,030.86 FEET;
THENCE NORTH 72°00'00" WEST A DISTANCE OF 311.70 FEET;
THENCE NORTH 70°00'00" WEST A DISTANCE OF 875.00 FEET;
THENCE NORTH 83°00'00" WEST A DISTANCE OF 970.00 FEET;
THENCE NORTH 68°35'00" WEST A DISTANCE OF 199.15 FEET;
THENCE NORTH 00°38'54" WEST A DISTANCE OF 618.41 FEET;
THENCE NORTH 89°47'00" EAST A DISTANCE OF 2,064.44 FEET;
THENCE SOUTH 49°33'08" EAST A DISTANCE OF 280.30 FEET TO THE POINT OF BEGINNING.
TOGETHER WITH ALL WATER RIGHT APPURTENANT THERETO.
EXCEPT 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:
BEGINNING AT A P.K. NAIL MARKING THE NORTHEAST CORNER OF THE SOUTHEAST QUARTER OF
THE SOUTHEAST QUARTER OF SAID SECTION 10;
THENCE 9°56'23" EAST 231.27 FEET TO AN IRON PIN;
THENCE SOUTH 12°1756" WEST 181.07 FEET TO AN IRON PIN;
THENCE NORTH 0°30'54" WEST 424.44 FEET TO THE POINT OF BEGINNING.
NOTE: THIS DESCRIPTION WAS PREPARED FROM DATA OF RECORD USING THE IDAHO STATE
PLANE COORDINATE SYSTEM INTENDED FOR THE USE OF THE CITY OF EAGLE FOR THE PURPOSE
OF ANNEXATION AND DOES NOT REPRESENT A FIELD SURVEY NOR A DESCRIPTION OF AN
INDIVIDUAL PARCEL OF PROPERTY. req r v PrA7710X R4044
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SUMMARY OF
ORDINANCE NO. 163
AN ORDINANCE ANNEXING CERTAIN REAL PROPERTY SITUATE IN THE
UNINCORPORATED AREA OF ADA COUNTY, IDAHO, AND CONTIGUOUS TO THE
CORPORATE LIMITS OF THE CITY OF EAGLE, IDAHO, TO 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 EFFECTIVE DATE
A summary of the principal provisions of Ordinance No. 163
of the City of Eagle, adopted on May 8, 1990, is as follows:
Section 1: Finds and declares the real properties described
in Exhibit "A", designated parcel no.s 1, 2, 3, 4, and 5,
contiguous to and necessary for the orderly development of the City
of Eagle (City) and acknowledges the written request of the owners
of said properties to annex them to the City.
Section 2: Annexes and incorporates said real properties to
and in the City.
Section 3: Subjects the property and persons within the
annexed properties to the powers of the City.
Section 4: Establishes the zoning land use classifications
of the annexed properties, as set forth in Exhibit "A", and amends
the zoning map of the City to include the annexed properties with
such classifications.
Section 5: Directs the City Clerk to file Ordinance No. 163
with state and county officials and to prepare and file a map and
legal description of the annexed properties, all as required by
law.
Section 6: Provides for effective date and filing an
ordinance summary.
The full text of Ordinance No. 163 is available at City Hall
and will be provided to any person for inspection upon personal
request during normal office hours.
DATED this 14th day of May, 1990.
CITY OF EAGLE
By
Page 1
F
aj
Mayor '"
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 attached
summary of Ordinance No. 163 of the City of Eagle, that the same
is true and complete and provides adequate notice to the public of
the contents of said Ordinance.
DATED this 14th day of May, 1990.
City At orney
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County of Ada §
State of Idaho §
ss.
ROOF OF PUBLICAM JN
Cliff Hadley, being first duly sworn, on oath says that
she is the principal clerk of The VALLEY NEWS, a
newspaper of general circulation, published weekly by
B.A. Publishing at Meridian, County of Ada, State of
Idaho;
That the annexed notice was published in said news-
paper once each and every week for 1 igtiati46
weep{ the first publication being on the 23rd day of
May ,199 Q and the last publication being on
the 23rd day of May , 19 9°.
That the said newspaper has been published continu-
ously and uninterruptedly in said county during a period
of more than seventy-eight consecutive weeks prior to the
first publication pf the atthed notice.
pal Clerk
scribed and sworn to before me thi 5'`--d-al of
,1
otary Public
Resi • ence:
My commission expires: *1::::9-9,
2 --
(SEAL)
SEE ATTACHED