Ordinance - 1988 - 130 - Amend Ordinances 30, 45 And 71, Correct Legal Descriptions - 01/12/1988ORDINANCE NO. 130
ORDINANCE OF THE CITY OF EAGLE, IDAHO, AMENDING ORDINANCE NOS.
30, 45, AND 71 OF THE CITY OF EAGLE, AS AMENDED BY ORDINANCE NO.
126, ADOPTED ON DECEMBER 8, 1987, TO CORRECT THE LEGAL
DESCRIPTIONS OF REAL PROPERTY ANNEXED BY SAID ORDINANCES; AND
PROVIDING AN EFFECTIVE DATE
WHEREAS, the City of Eagle, Idaho (the "City"), is a
municipal corporation duly 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; and
WHEREAS, the City has at various times duly adopted
ordinances, more particularly specified hereinafter, annexing
certain contiguous real properties to the City, in accordance with
the procedures required by law; and
WHEREAS, the City has undertaken a complete review of all
properties annexed to the City since its original incorporation,
and by Ordinance No. 126, adopted on December 8, 1987, has
amended, if indicated as necessary by the review, the legal
descriptions of property in various ordinances; and
WHEREAS, the legal descriptions of property contained in
Ordinance Nos. 30, 45, and 71, as amended by Ordinance No. 126,
require further correction; and
WHEREAS, said corrections are of a technical, rather than of
a substantive, nature, and no consents, notices, hearings, or
other procedural steps are required as conditions precedent to the
correction of such legal descriptions as set forth hereinafter.
NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND COUNCIL OF
THE CITY OF EAGLE, IDAHO, as follows:
Section 1: That the legal descriptions of the real property
described in Ordinance No. 30, adopted by the Eagle City Council
on December 23, 1976, as amended by Ordinance No. 33, Resolution
No. 1977-1, and Ordinance No. 126, adopted on December 8, 1987,
be, and the same are hereby, amended to read as set forth in
Exhibit "A" which is annexed hereto and by reference incorporated
in this Ordinance as though fully set forth herein.
Section 2: That the legal description of the real property
described in Section 1 of Ordinance No. 45, adopted by the Eagle
City Council on November 25, 1979, as amended by Ordinance No.
126, adopted on December 8, 1987, be, and the same is hereby,
Page 1
amended to read as set forth in Exhibit "B" which is annexed
hereto and by reference incorporated in this Ordinance as though
fully set forth herein.
Section 3: That the legal description of the real property
described in Section 1 of Ordinance No. 71, adopted by the Eagle
City Council on June 9, 1981, as amended by Ordinance No. 126,
adopted on December 8, 1987, be, and the same is hereby, amended
to read as set forth within Exhibit "C" which is annexed hereto
and by reference incorporated in this Ordinance as though fully
set forth herein.
Section 4: That the amended description of each property set
forth in Sections 1 through 3 hereinabove be deemed to speak from
the date of the ordinance annexing each property and that each
parcel as described hereinabove be deemed to have been annexed to
the City from the date of each annexing ordinance.
Section 5: That this Ordinance shall take effect and be in
force from and after its passage, approval, and publication.
DATED this 12th day of January, 1988.
CITY OF EAGLE
tti
Mayor
By
MLDkaj087
Page 2
Eagle Annexation Ordinance No. 30 Amended by Ordinance No. 33
and Resolution 1977-1, Corrected Descriptions
Eagle East Annexation
Beginning at the center 1/4 corner of Section 9, T.4N., R.1E., B.M.,
Ada County. Idaho, said corner being on the west boundary of Eagle
Hills West No. 4;
Thence S89°49'38"E along the east -west mid-section line of Section 9 a
distance of 659.20 feet, more or less, to a point on the boundary
common to Eagle Hills West No. 4 and Eagle Hills West No. 1;
Thence N07°52'42"E along said common boundaries a distance of 423.38
feet to a point;
Thence N25°31'29"E a distance of 430.46 feet, more or less, to a point
of curvature;
Thence 161.17 feet along a curve deflecting to the right, said curve
having a radius of 312.35 feet, a central angle of 29°33'53" and a
long chord of N40°18'26"E, 159.39 feet to a point of reverse
curvature;
Thence 51.84 feet along a curve deflecting to the left, said curve
having a radius of 55.00 feet, a central angle of 54°00'00" and a long
chord of N28°05'22"E, 49.94 feet to a point of reverse curvature;
Thence 31.42 feet along a curve deflecting to the right, said curve
having a radius of 20.00 feet, a central angle of 90°00'00" and a long
chord of N46°05'22"E, 28.28 feet to a point on the boundary common to
Eagle Hills West No. 1, Eagle Hills West No. 3 and Eagle Hills West
No. 4;
Thence S88°54'38"E along the boundary common to Eagle Hills West No. 1
and Eagle Hills West No. 3 a distance of 30.00 feet to a point;
Thence N01°05'22"E a distance of 50.00 feet to a point of curvature;
Thence 31.42 feet along a curve deflecting to the right, said curve
having a radius of 20.00 feet, a central angle of 90°00'00" and a long
chord of N43°54'38"W, 28.28 feet to a point of compound curvature;
Thence 79.03 feet along a curve deflecting to the right, said curve
having a radius of 75.00 feet, a central angle of 60°22'16" and a long
chord of N31°16'30"E, 75.42 feet to a point of reverse curvature;
Thence 45.03 feet along a curve deflecting to the left, said curve
having a radius of 265.00 feet, a central angle of 09°44'10" and a
long chord of N56°35'33"E, 44.98 feet to a point;
Thence S69°13'26"E a distance of 147.90 feet to a point;
Thence S81°59'49"E a distance of 404.66 feet to a point;
Thence N84°08'53"E a distance of 95.52 feet to a point;
Thence N74°12'42"E a distance of 254.80 feet to a point;
Thence N00°09'25"E a distance of 190.05 feet to a point;
Thence leaving said common boundary S89°50'37"E along the boundary of
Eagle Hills West No. 1 a distance of 229.17 feet to a point;
Thence S00°22'02"W a distance of 125.00 feet to a point;
Thence S89°50'36"E a distance of 409.93 feet, more or less, to a point
on the east line of Section 9, said point also being on the east
right-of-way line of Edgewood Lane;
Exhibit' 0
Page 1
Thence S00°55'03"W along said east line of Section 9 and east
right-of-way line of Edgewood Lane a distance of 1.191.76 feet to the
1/4 corner common to Sections 9 & 10;
Thence S00°49'13"W along said east line of Section 9 a distance of
2,201.35 feet, more or less, to a point on the centerline of a drain
ditch;
Thence N87°40'46"W along said centerline a'distance of 24.22 feet to a
point of curvature;
Thence 58.66 feet along a curve deflecting to the right, said curve
having a radius of 87.23 feet, a central angle of 38°31'46" and a long
chord of N68°24'54"W, 57.56 feet to a point;
Thence N49°09'01"W a distance of 358.88 feet to a point of curvature;
Thence 94 34 feet along a curve deflecting to the right, said curve
having a radius of 232.20 feet, a central angle of 23°16'41", and a
long chord of N37°30'42"W, 93.69 feet to a point;
Thence N25°52'24"W a distance of 141.92 feet to a point of curvature;
Thence 232.83 feet along a curve deflecting to the left, said curve
having a radius of 402.70 feet, a central angle of 33°07'36" and a
long chord of N42°26'12"W, 229.60 feet to a point;
Thence N59°00'00"W a distance off 33.78 feet to a point;
Thence S00°53'44"W a distance of 1,077.97 feet to a point on the south
line of Section 9;
Thence N89°55'42"W along said south line a distance of 224.20 feet,
more or less, to a point on the centerline of State Highway No. 44;
Thence N55°46'42"W along the centerline of State Highway No. 44, as
shown on the State of Idaho Department of Highways Project No.
F-3321(1) drawings, a distance of 73.70 feet, more or less, to a point
of curvature;
Thence 1,881.55 feet along a curve deflecting to the left, said curve
having a radius of 6,611.05 feet, a central angle of 16°18'24" and a
long chord of N64°02'56"W, 1,875.21 feet to a point on the north -south
mid-section line of Section 9;
Thence N01°07'36"E along said north -south mid-section line of Section
9 a distance of 1,779.18 feet, more or less, to the Real Point of
Beginning.
The above described tract of land contains 177.499 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.
And excluding the following described areas:
Lot 18 of Block 1, Lot 21 of Block 3. and Lot 22 of Block 3. of Eagle
Hills West No. 1 Subdivision which are portions of the Eagle Hills
golf Course.
Note:
The above revised description also excludes Donald E. Wilder and
Audrey L Wilder property as described in Findings of Fact Conclusions
of Law and Judgement. Case No. 68792 in District Court. Fourth
Judicial District. State of Idaho, County of Ada. Recorded under
Recorders Instrument No. 8006899, on Feb. 5, 1980.
Exhib;f D
Page 2
Van Dusen Annexation
Commencing at the section corner common to Sections 8, 9. 16 & 17, T.4N.,
R.1E., B.M., Ada County, Idaho, said corner being on the centerline of
State Highway No. 69 (Eagle Road); Thence S89°52'50"E along the north line
of Section 16 a distance of 173.00 feet to the Real Point of Beginning;
Thence continuing along the north line of Section 16 S89°52'50"E a
distance of 1,152.57 feet, more or less, to the N.E. corner of the
N.W.1/4 of the N.W.1/4 of said Section 16;
Thence S00°51'29"W along the east line of the N.W.1/4 of the N.W.1/4
of said Section 16 a distance of 1.320.72 feet, more or less, to the
S.E. corner of the N.W.1/4 of the N.W.1/4 of said Section 16;
Thence N89°52'03"W along the south line of the N.W.1/4 of the N.W.1/4
of said Section 16 a distance of 1,327.33 feet, more or less, to the
S.W. corner of the N.W.1/4 of the N.W.1/4 of said Section 16, said
corner also being on the centerline of State Highway No. 69 (Eagle
Road);
Thence N00°56'03"E along the west line of the N.W.1/4 of the N.W.1/4
of said Section 16 and said centerline a distance of 1.170.44 feet,
more or less, to a point;
Thence S89°52'50"E a distance of 173.00 feet to a point;
Thence N00°56'03"E a distance of 150.00 feet to the Real Point of
Beginning.
The above described tract of land contains 39.614 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.
Exhi bi F D
Page 3
Eagle West Annexation
Commencing at the section corner common to Sections 4, 5, 8 & 9, T.4N..
R.1E.. B.M..Ada County, Idaho, said corner being on the centerlines of
State Highway No. 69 (Eagle Road) and Floating Feather Road; Thence
N89°17'44"W along the north line of Section 8 and the centerline of
Floating Feather Road a distance of 1.334.93 feet to the Real Point of
Beginning;
Thence S00°58126"W a distance of 566.78 feet. more or less. to a point
on the east boundary of the Downing Downs Subdivision;
Thence S01°20'06"W along the east boundary of the Downing Downs
Subdivision a distance of 90.50 feet to a point;
Thence S19°54'16"W along said east boundary a distance of 1,399.72
feet to the S.E. corner of the the Downing Downs Subdivision;
Thence N89°18'44"W along the south boundary of the Downing Downs
Subdivision a distance of 109.88 feet to a point;
Thence S00°26'51"W a distance of 658.11 feet. more or less, to a point
on the east -west mid-section line of Section 8;
Thence N89°20'09"W along said east -west mid-section line a distance of
771.48 feet, more or less. to the center 1/4 corner of Section 8;
Thence N00°53'19"E along the north -south mid-section line a distance
of 658.43 feet, more or less, to a point on the south boundary of
Downing Downs Subdivision;
Thence N89°18'44"W along the south boundary line of Downing Downs
Subdivisions No. 2 and No. 3 a distance of 1,331.93 feet, more or
less, to a point on the east boundary of Baker's Acres Subdivision,
said point also being on a 1/16th. line;
Thence S01°01'12"W along said east boundary and 1/16th. line a
distance of 658.99 feet. more or less, to the southeast corner of
Baker's Acres Subdivision. said point also being on the east -west
mid-section line of Section 8;
Thence N89°20'09"W along said east -west mid-section line a distance of
432.30 to a point;
Thence S01°12'37"W a distance of 1,300.55 feet, more or less. to a
point on the centerline of State Highway No. 44, said point being on a
curve;
Thence 543.11 feet along said centerline along a curve deflecting to
the left as shown on said State of Idaho Department of Highways
drawings, said curve having a radius of 22.918.31 feet. a central
angle of 01°21'28" and a long chord of N89°36'03"W, 543.11 feet to a
point of tangency;
Thence S89°44'39"W along said centerline a distance of 365.40 feet.
more or less. to a point on the section line common to Sections 7 & 8;
Thence continuing along said centerline S89°44'39"W a distance of
1,318.88 feet, more or less. to a point on the centerline of
Ballantine Lane. said point also being on a 1/16th. line;
Thence N01°21'40"E along the centerline of Ballantine Lane and 1/16th.
line a distance of 1,301.57 feet. more or less. to a point on the
east -west mid-section line of Section 7;
Exhibif D
Page 4
Thence continuing along said centerline N01°10'19"E a distance of
2,640.57 feet, more or less, to a point on the north line of Section
7, said point being on the centerline of Floating Feather Road;
Thence N89°27'51E along the north line of Section 7 and the centerline
of Floating Feather Road a distance of 1,321.91 feet, more or less, to
the section corner common to Sections 5, 6, 7 & 8:
Thence S89°17'52"E along the north line of Section 8 and the
centerline of Floating Feather Road a distance of 2,654.78 feet, more
or less, to the 1/4 corner common to sections 5 & 8;
Thence continuing along said north line and centerline S89°17'44"E a
distance of 1,333.91 to the Real Point of Beginning.
The above described tract of land contains 353.016 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.
Exhi bit D
Page 5
ale Annexation Ordinance No. 45 Corrected Description
Beginning 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 S88°44'24"W along the south line of Section 17 a distance of
673.86 feet, more or less, to a point on the southerly right-of-way of
the S. Channel Rd.;
Thence N41°09'12"W along said southerly right-of-way a distance of
93.72 feet to a point;
Thence N53°36'12"W a distance of 165.00 feet to a point;
Thence N85°41'12"W a distance of 396.00 feet to a point;
Thence S66°04'48"W a distance of 311.79 feet to a point;
Thence N67°33'48"W a distance of 1,209.11 feet, more or less, to a
point on the north -south mid-section line of said Section 17;
Thence N01°09'38"E along said mid-section line a distance of 437.43
feet a point;
Thence N88°55'47 "W a distance of 1,348.02 feet, more or less, to a
point on a 1/16th. line;
Thence N00°53'17"E along said 1/16th. line a distance of 1,669.34
feet, more or less, to a point on the east -west mid-section line of
said Section 17;
Thence NO1°21'55"E along a 1/16th. line of Section 17 a distance of
428.58 feet to a point;
Thence S86°09'57"E a distance of 568.02 feet to a point;
Thence N82°05'03"E a distance of 462.00 feet to a point;
Thence N84°04'03"E a distance of 528.00 feet to a point;
Thence N80°04'03"E a distance of 1,488.96 feet to a point;
Thence N89°07'03"E a distance of 294.36 feet to a point;
Thence S81°24'57"E a distance of 720.08 feet to a point on the east
line of Section 17, said point also being on the centerline of State
Highway No. 69 (Eagle Road);
Thence S00°56'03"W along said east line of Section 17 and centerline
of State Highway No. 69 (Eagle Road) a distance of 3,313.15 feet, more
or less, to the Real Point of Beginning.
The above described tract of land contains 261.525 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.
Ey. ilii G
Page 1
Eagle Annexation Ordinance No. 71 Corrected Description
Commencing at the section corner common to Sections 8. 9, 16 & 17, T.4N.,
R.1E., B.M., Ada County, Idaho; Thence S89°52'50"E along the north line of
Section 16 a distance of 1,325.57 feet to a 1/16th. corner, said corner
being the Real Point of Beginning;
Thence continuing along said north line of Section 16 S89°52'50"E a
distance of 1,087.75 feet to a point;
Thence S03°42'44"E a distance of 243.76 feet, more or less, to a fence
corner;
Thence S32°18'38"E a distance of 31.83 feet, more or less, to a fence
corner;
Thence S44°38'22"E a distance of 24.18 feet. more or less, to a fence
corner;
Thence S75°39'01"E a distance of 189.39 feet. more or less. to a point
on the north -south mid-section line of Section 16;
Thence S00°46'55"W along said north -south mid-section line a distance
of 1,179.16 feet to a point;
Thence S89°29'03"W a distance of 284.59 feet to a point;
Thence S66°20'23"W a distance of 137.93 feet to a point;
Thence S43°11'43"W a distance of 103.60 feet to a point;
Thence S00°56'03"W a distance of 470.26 feet, more or less. to a point
on an established meander line on the north side of the Boise River;
Thence S84°09'54"W along said meander line a distance of 645.56 feet
to a point;
Thence S85°47'35"W a distance of 206.72 feet. more or less. to a point
on a 1/16th. line;
Thence S00°51'29"W along said 1/16th. line a distance of 101.38 feet
to a point;
Thence S05°44'03"W a distance of 263.56 feet, more or less. to a point
on an established meander line on the north side of the Boise River;
Thence N84°15'57"W along said meander line a distance of 115.89 feet
to a point;
Thence N76°19'12"W a distance of 84.23 feet to a point;
Thence .N56°48'03"W a distance of 65.13 feet to a point;
Thence N80°42'08"W a distance of 151.01 feet to a point;
Thence N61°51'19"W a distance of 129.67 feet to a point;
Thence N48°57'19"W a distance of 214.46 feet to a point;
Thence N50°04'59"W a distance of 137.57 feet to a point;
Thence N59°05'24"W a distance of 179.24 feet to a point;
Thence N58°16'49"W a distance of 139.63 feet to a point;
Thence N61°40'02"W a distance of 273.52 feet, more or less, to a point
on the west line of Section 16, said point also being on the
centerline of State Highway No. 69 (Eagle Road);
Thence N00°56'03"E along said west line and centerline a distance of
569.10 feet, more or less, to a 1/16th. corner;
Ey.Wi61+- o
Page 1
Exhibit
Thence S89°52'03"B along a 1/16th. line a distance of 1,327.33 feet,
more or less, to a 1/16th. corner;
Thence N00°51'29"E along a 1/16th. line a distance of 1,320.72 feet,
more or less, to the Real Point of Beginning.
The above described tract of land contains 86.514 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.
Exhibi�' o
Page 2
A .ida •'� des'•tions prepared by:
ar / e ig )F L.S.
City of Eagle Cons, ing Engineer
December 30, 1987
STATE OF IDAHO)
) ss
County of Ada )
On this day of December 31, 1987, before me, the undersigned notary public in and
for said State, personally appeared Carlyle W. Briggs, P.E./L.S., known to me to
be the person whose name is subscribed to the within instrument and acknowledged
to me that he executed the same.
l� 6
i?
Maxine R. Briggs, Notary &;'lic
Residing at Boise, Idaho
SUMMARY OF
ORDINANCE NO. 130
AN ORDINANCE OF THE CITY OF EAGLE, IDAHO, AMENDING ORDINANCE NOS.
30, 45, AND 71 OF THE CITY OF EAGLE, AS AMENDED BY ORDINANCE NO.
126, ADOPTED ON DECEMBER 8, 1987, TO CORRECT THE LEGAL
DESCRIPTIONS OF REAL PROPERTY ANNEXED BY SAID ORDINANCES; AND
PROVIDING AN EFFECTIVE DATE
A summary of the principal provisions of Ordinance No. 130 of
the City of Eagle, Ada County, Idaho, adopted on January 12, 1988,
is as follows:
Section 1: Corrects the legal descriptions of real property
described in Ordinance No. 30, adopted by the Eagle City Council
on December 23, 1976, as amended by Ordinance No. 33, Resolution
No. 1977-1, and Ordinance No. 126, adopted on December 8, 1987.
Section 2: Corrects the legal description of real property
described in Section 1 of Ordinance No. 45, adopted by the Eagle
City Council on November 25, 1979, as amended by Ordinance No.
126, adopted on December 8, 1987.
Section 3: Corrects the legal description of real property
described in Section 1 of Ordinance No. 71, adopted by the Eagle
City Council on June 9, 1981, as amended by Ordinance No. 126,
adopted on December 8, 1987.
Section 4: Expresses the intent of the City Council that the
corrected descriptions be effective from the original date of
annexation.
Section 5: Provides for effective date.
The full text of Ordinance No. 130 is available at City Hall
and will be provided to any citizen for inspection, upon personal
request, during normal office hours.
DATED this 12th day of January, 1988.
ATTEST:_
Page 1
City Clerk
CITY OF EAGLE
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. 130 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 /01111 day of January, 1988.
City t orney
MLDkaj089
Page 2
County of Ada
SS.
State of Idaho
PROOF OF PUBLICATION
Marjorie Ruth Moon, 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 Marjorie Ruth Moon, publisher, 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 consecutive
weeks, the first publication being on the 16th day of
Ma rch ,19 88 , and the last publication being on
the 1 6th day of March 19 88.
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 of the attached notice.
Principal Clerk
Subscribed and sworn to before me this / 6, day of
/Y7 ,19
Notary Public
Residence:
My commission expires: / /Wm.)
(SEAL)
CITY OF EAGLE
SUMMARY OF
0A summary of the principal provi-
sions of Ordinance No. 130 of the City of
Eagle, Ada County; Idaho, adopted on
January 12, 1988, is as follows:
Sfstigal: Corrects the legal descrip-
tions of real property described in Ordi-
nance No.30, adopted by the Eagle City
Council on December 23, 1976, as
amended by Ordinance No. 33, Resolu-
tion No. 1977-1, and Ordinance No. 126,
adopted on December 8, 1987.
Section 2: Corrects the legal descrip-
tion of real property described in Section
1 of Ordinance No. 45, adopted by the
Eagle City Council on November 25,
1979, as amended by Ordinance No. 126,
adopted on December 8, 1987.
Section 3: Corrects the legal descrip-
tion of real property described in Section
1 of Ordinance No. 71, adopted by the
Eagle City Council on June 9, 1981, as
amended by Ordinance No. 126, adopted
on December 8, 1987.
Section 4: Expresses the intent of the
City Council that the corrected descrip-
tions be effective from the original date of
annexation.
Section 5: Repeals Ordinance No. 130,
adopted by the Eagle Qty Council on
January 12, 1988.
Section 6: Provides for effective date.
The full text of Ordinance No. 132 is
available at Qty Hall and will be provided
to any citizen for inspection, upon per-
sonal request, during normal office hours.
DATED this 8th day of March, 1988.
CITY OF EAGLE
By STEVE GUERBER
Mayor
ATTEST:
BARBARA MONTGOMERY
Qty Cleric
CERTIFICATION OF CITY.ATTOR-
NEY
I, the undersigned Qty Attorney for
and legal advisor to the City of Eagle,
Idaho, hereby certify that I have read the
anached summary of Ordinance No. 132
of the Qty of Eagle and that the same is
tote and complete and provides adequate
notice to the public of the contents of said
Ordinance.
DATED this 8th day of Mardi, 1988.
MONA L DOBARAN
Qty Attorney
PUBLISH: March 16, 1988