Ordinance - 1990 - 161 - Annexation - 03/16/19909017312
ORDINANCE NO. 161
OROGIIKAL
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
February 5, 1990, as required by Section 67-6525, Idaho Code, and
recommended to the Mayor and Council that the annexed property be
zoned R-4; and
WHEREAS, the Eagle City Council, pursuant to public notice as
required by law, held a public hearing on February 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 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 CiLy, 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.
Page 2
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 day of March, 1990.
ATTEST:
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CITY OF EAGLE
ADA COUNTY, IDAHO
BARBARA MONTGOMERY
EAGLE CITY CLERK
Ada County, Idaho ss
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BY
MAYOR STEVE GUERBER
EXHIBIT A
In the County of Ada, State of Idaho:
The Northwest Quarter of the Northwest Quarter of Section Ten,
Township Four North, rin qe One East of Boise Meridian, Together
with all water, ditch and water rights appertaining thereto,
and including two ishares of water in the Farmer's Water
Ditch Company, which stock represents water used in the
irrigation of said land and which stock is hereby assigned
in second party.
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CITY OF EAGLE, IDAHO
SUMMARY OF ORDINANCE 161
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. 161 of the
City of Eagle, Idaho, adopted on March 13, 1990, is as follows:
Section 1: Makes findings that the property can legally be
annexed by the City.
Section 2: Describes the annexed property as a portion of
the N.W. 1/4 of the N.W. 1/4 of Section 10, T4N, R 1E.B.M.
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. 161 are on file for review and inspection
at the Eagle City hall during normal business hours.
D thi 13th day of March, 1990.
rbara Monigomer
Eagle City Clerk
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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. 161 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 THISday of March , 1990.
0o
Mo a Doba .n Mack, City Attorney
PROOF OF PUBLICAirION
County of Ada
§ ss.
State of Idaho §
Marjorie Ruth Moon, being first duly sworn, on a
says that she is the principal clerk of The VALL
NEWS, a newspaper of general circulation, publis
weekly by Marjorie Ruth Moon, publisher, at Merid
County of Ada, State of Idaho;
That the annexed notice was published in said ne
paper once each and every week for / consegu
week, the first publication being on the 12-,/ da
,19 9v , and the last publication bein.
the 2-/ day of , 19 e .
That the said newspaper has been published cont
ously and uninterruptedly in said county during a pc
of more than seventy-eight consecutive weeks prior to
first publication of the attached notice.
Principal Cl
Subscribed and sworn to before me this 2.9 4 dal
�i •�.-�.0 , 19 9 c .
CITY OF EAGLE, IDAHO
SUMMARY OF ORDINANCE 161
An ordinance annexing certain real property situated in the unincorporated area of Ada
Canty, 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. 161 of the City of Eagle, Idaho,
adopted on March 13, 1990, is as follows:
Section 1: Makes findings that the property can legally be annexed by the City.
Sx�ioa 2: Describes the annexed property as a portion of the N.W. 1/4 of the N.W.
1/4 of Section 10, T4N, R 1E. B.M.
Section 3: Provides that the annexed property shall be subject to ordinances and
regulations of the City.
Section4: Zones the annexed property R-4, Residential, 4 units per acre.
;moi: Directs the Qty Clerk to comply with Sections 50-223 and 63-2215, Idaho
Code.
Section 6: Provides an effective date.
Copies of Ordinance Na 161 are on file for review and inspection at the Eagle City Hall
during normal business hours.
DATED this 13th day of March, 1990.
CITY OF EAGLE
Ada County, Idaho
Is/ Steve Guerber
Steve Guerber
Mayor
Attest:
/s/ Barbara Montgomery
Barbara Montgomery
Eagle Gty Clerk
CERTIFICATION OF CITY ATTORNEY
I, the undersigned City Attorney for and legal advisor to the City of Eagle, Idaho, hereby
certify thatlhaveread the foregoing Summary of Ordinance No. 161 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 16 day of March, 1990.
/s/
Mona Dobaran Mack, City Attorney
EXHIBIT A
The Northwest Quarter of the Northwest Quarter of Section Ten,
Township Four North, ramp:One East of Boise Meridian, Together
with all water, ditch and water rights appertaining thereto,
_ and including two shares of water in the Farmer's Water
Notary Pu
Ditch Company, which stock.represents water used in the
irrigation of said land and which stock is hereby assigned
in second party.
PUBLISH: Mar. 28,1990m
Residence, / t 0 6/
My commission expires:
(SEAL)