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Ordinance - 1986 - 105 - Annexation - 07/08/1986ORDINANCE NO. 105 AN ORDINANCE OF THE CITY OF EAGLE, IDAHO, ANNEXING CERTAIN REAL PROPERTY TO THE CITY, DESIGNATING THE ANNEXED TERRITORY AS COMMERCIAL, AMENDING THE SCHEDULE OF DISTRICT REGULATIONS, PROVIDING FOR THE FILING OF THE ORDINANCE BY THE CITY CLERK AND PROVIDING FOR A SEVERABILITY CLAUSE AND AN EFFECTIVE DATE. BE IT ORDAINED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF EAGLE, ADA COUNTY, IDAHO; SECTION 1. ANNEXATION OF CONTIGUOUS LAND. The following described real property, lying contiguous to the City of Eagle, is hereby annexed to and made a part of the City of Eagle: A portion of the Southwest quarter of Southeast quarter of Section 9, Township 4 North, Range 1 East, Boise -Meridian, described as follows: BEGINNING at the Southeast corner of the said Section, running thence West 881.9 feet, thence North 57° West 1054.6 feet, being the Northwest corner of and owned by Louisa McGrath and the real place of beginning, thence South 20°30' West 634.9 feet to a point of the section line which is the Southwest corner of the Louisa McGrath tract, thence West 662.5 feet, more of less to the South quarter corner of said section, thence North 855.7 feet, more or less to the Boise and Interurban Railroad right of way, thence Southeasterly with the line of said right of way to the place of beginning. Except the Westerly 500 feet thereof. SECTION 2. APPLICABLE ORDINANCES. From and after the effective date of this ordinance, all property and persons within the limits of the above-described annexed real property shall be subject to the provisions of all by-laws and ordinances of the City of Eagle, Idaho. SECTION 3. ZONING OF ANNEXED LAND. The above-described real property is hereby designated as zoning district C-2 (Area Business District) and all maps of the City of Eagle shall be amended to reflect such designation. SECTION 4. AMENDMENT TO SCHEDULE OF DISTRICT REGULATIONS. The official schedule of district regulations as set forth following §8-2-3, Eagle City Code, is hereby amended by the addition thereto of the following use under the commercial land use group: LAND USE DISTRICTS A R L -O C-1 C-2 C-3 CBD M-1 M-2 M-3 Self -storage C P P C SECTION 5. FILING OF ANNEXATION ORDINANCE. The City Clerk, within ten (10) days of this ordinance, shall file a certified copy of this ordinance with the Ada County Auditor, Ada County Treasurer, Ada County Assessor and the Idaho State Tax Commission and shall further comply with the provisions of §63-2215, Idaho Code, regarding preparation and filing of a map and legal description of the real property annexed herein. SECTION 6. SEVERABILITY. The provisions of this Ordinance are hereby declared to be severable and if any provisions of this ordinance or the application of such provision to any person or circumstance is declared invalid for any reason, such declaration shall not affect the validity of the remaining portions of this ordinance. SECTION 7. EFFECTIVE DATE. This ordinance shall become effective upon its passage, approval and publication in the manner provided by law. ATT PASSED by the City Council and APPROVED by the Mayor this day of July, 1986. Carol Haley Mayor ara Montg•mery City Clerk 8700440 AFFIDAVIT PROVIDING MORE PRECISE DESCRIPTION OF LAND ANNEXED BY THE CITY OF EAGLE, IDAHO - ANNEXATION ORDINANCE NO. 105, 1r«fr. Flo. 861"2.9s'd /0-17-86 Passed and Approved July 8, 1986 I, Carlyle W. Briggs, P.E., a Professional Engineer and Land Surveyor, licensed by the State of Idaho, and presently acting as Eagle City Engineer, do hereby certify that the following property description more accurately described the same land as intended to be described in Ordinance No. 105: A portion of the SW* of the SE* of Section 9, T.4N., R.1E., B.M., Ada County, Idaho, described as follows: Commencing at the SE corner of said Section 9; thence S89°27'44"W, 1,996.81 feet along the Southerly boundary line of the said Section 9, to the REAL POINT OF BEGINNING; Thence S89°27'44"W, 153.83 feet along the same line to a point; Thence N00°30'22"W, 662.35 feet to a point on the Southerly boundary line of Idaho Highway 44 (State Street); Thence 371.36 feet along a curve to the right, having a central angle of 3°14'53", a tangent of 185.73 feet, and a long chord bearing S66°19'51"E, 371.31 feet along the Southerly boundary line of said Idaho Highway 44 to a point; Thence S20°57144"W, 505.26 feet to the REAL POINT OF BEGINNING; Comprising 3.264906 acres. And also including the following described Southerly half of Idaho Highway 44: Commencing at the SE corner of said Section 9, thence S89°27'44"W, 1,996.81 feet along the Southerly boundary line of said Section 9, to a point; thence N20°57'44"E, 505.26 feet to a point on the Southerly boundary line of Idaho Highway 44, which is the REAL POINT OF BEGINNING: Thence 371.36 feet along a curve to the left, having a central angle of 3°14'53", a tangent of 185.73 feet, and a long chord bearing N66°19'51"W, 371.31 feet, along the Southerly boundary line of said Idaho Highway 44, to a point; Thence N00°30122"W, 64.92 feet to a point on the centerline of 120/wide Highway 44 right-of-way; Thence 395.12 feet along a curve to the right, having a central angle of 3°25'28", a tangent of 197.62 feet, and a long chord bearing S66°27'30"E, 395.06 feet, along the centerline of said Idaho Highway 44 right -or -way, to a point; Thence S20°57'44"W, 60.17 feet to the REAL POINT OF BEGINNING; Comprising 0.52788 acres. Carly e Wr." riggs, P.E Registered Profession Engineer & Land Surveyor Idaho License No. 666 State of Idaho) ) ss. County of Ada ) On this 31st day of December, 1986, before me, the undersigned, a Notary Public in and for said State, personally appeared Carlyle W. Briggs, P.E., known to me to be the person whose name is subscribed to the within instrument, and acknowledged to me that he executed the same. IN WITNESS WHEREOF, I have hereunto set my hand and seal on the day and year in this certificate first above written. Notary ub i c ,/� Residing at Boise, Idaho My Commission Expires July 25, 1988 Ada County, Idaho, % *guest of�e. t) S TIME I ;SO . ' DATE .,5 JOHN BASTIDO ECO= ER Dequty (1.3:11) •••• •••HN uUM.1'Je1 7 • at S _. L..a.11. 1W U1 o/ • �A. ♦•••••••N•••N••.••••••••N tJ u) 1 roe Ut•6 (TTy5-S- 6 y 3-64664/6:i - c 219.60' 653.63` xarst`Is•w 4 4!` 27781 `4�5'�`� DRAIN Q` -^i DITCH Nm•23 8 195.03• „3:-11 5 B9.27 44-W 2,65064' SEC COR. TO 114 COR 63.7 AC. S 69. 36'44'w - 4326.92' c�: y 4433.33 E6jTi ur-1�J>AAi ` ByC Ab%C4 '115,,5. 9 i. 10 995 81' SEC. COR. TO S. BOUNDARY HIGHWAY 44 y 4 606 600 5 69.36' 44'. w - 1,010.59' BRIGGS & ASSOCIATES CONSULTING ENGINEERS BOISE, IDAHO 16 -S 15 qs� s6ar' r. Num O { TO f• fOD sass_ rare TO 1100 �. /0i ,TAMPED O, Or EMS NUN 'y0 7 0: O �r tiFy a t � 4 EAGLE "OM EX. ods r0s -3F&flfter PROPERTY SITUATE :N THE N 1/2 OF THE N 1/2 OF SECTION 16, AND IN THE SE I/4 OF SECTION 9, L4N., R. IE., B. IL, AOA COUNTY, 10AHU. DRWN. BY : dD. CANNING AkfvfriAlk4, DATE : MARCH 24. 1917 SCALE: I`• 200' DWG. NO. JDC-770324 ti N 05'32' 16"W 277.61 . 195,03, m 8 • 8 8° 2 SdJ ,y1, ' I�o,.tiAE\ 653.83' DRAIN DITCH 0 1,R96.Bi 89° 27 44"W 'J 2,650.64' SEG. GOR. TO 1/4 COR. 63.7 AC. S 89° 36'44"W - 1,328.92' 4/33,33 ?7,b 8,)'.I b;3 .iced I 995 81' SEC. COR. TO S. BOUNDARY HIGHWAY 44 0.99332 ;,4 AC. ,i tlo iso?6? 4, et, .e A•. ; S7 9 i, 10 16 '16" 300,50 4S 4';s•6, 2F / �o v,. 412* o-10- ore�/ a S73048,1 3oz.�o, .4 \6 . co co 43 03* co 0 ‘6 00 tk iL S 89. 36' 44" W - 1,010.59' BRIGGS & ASSOCIATES CONSULTING ENGINEERS BOISE, IDAHO W n o -_ 2 -CON 0 toO fA POWER 15 POLES 30.38' PK NAIL O TO I" ROO 44.35' NAIL TO 1"ROD Nk /4, (16 STAMPED 0/ ON NAIL MEAD) C 04. 'OOj).e•O '4994, �41e dhne'JZ • ,ro% e PROPERTY SITUATE IN THE N I/2 ANO IN THE SE 1/4 B. M., ADA COUNTY, /".5- OF ps OF THE N 1/2 OF SECTION 16, OF SECTION 9, T.4N., R.IE., IDAHO. DRWN. BY : J.D. CANNING DATE : MARCH 24, 1977 SCALE I 183 200' Renew /Yo DWG. NO. JDC - 770324 SUMMARY OF ORDINANCE NO. 105 , Idaho, annexes certain of Eagle Ordinance No. 105 of the City the by-laws and land contiguous to the City, makes applicable to the annexed territory, declares the zoning ordinances of the City amends of said annexed territory to be C-2 (Area Business District), the schedule of district regulations toes providesfforsthe filingeof mini -storage uses within commercial zOrovides for severability and an the ordinance as required by law, P effective date. Section 1 of Ordinance 105 reads in full as follows: The following SECTION 1. ANNEXATION OF CONTOUS Dto the City of Eagle, described real property, lying contiguous is hereby annexed to and made a part of the City of Eagle: A portion of the Southwest quarter of southge 1east, quarter oof Section 9, Township Meridian, described as follows: BEGINNING at the Sout�ea881.9°rner feet,°f the said thence North 57°tWest running thence Wes 1054.6 feet, being the Northwest corner of and ownednby Southa 0°30' WeStn634.9 feet toaca pointegofnthe,section South 20°30' line which is the 662t5west feetCorner of the more of lessLOtosthecSouth tract, thence We quarter corner of said section, thence North 855.7 feet, more or less to the Boise and Interurban neRailraad right right of way, thence Southeasterly w ith of way to the place of beginning. Except the Westerly 500 feet thereof. with The full text Ordinance No. a1110times thatfile said officemisaregularly the City Clerk, at any and open. Eagle Public Notices SUMMARY OF ORDINANCE NO. 106 Ordinance No. 105 of the Qty of Eagle; Idaho, annexes certain land contiguous to the City, makes applicable the by-laws and ordinances of the City to the annexed territory, declares the zoning of said annexed territory to be C-2 (Area Business District), amends the schedule of district regulations to provide for self-storage— mini-storage uses within armmercfal zones, provides for the filing of the ordinance as required by law, provides for severability and an effective date. Section 1 of Ordinance 105 reads in full as follows: SECTION 1. ANNEXATION OF CONTIGUOUS LAND. The following described real property, lying contiguous to the City of Eagle, is hereby annexed to and made a part of the City of Eagle: A portion of the Southwest quarter of Southeast quarter of Section 9, Township 4 North, Range 1 East, Boise -Meridian, described as follows: BEGINNING at the Southeast corner of the said Section, running thence West 881.9 feet, thence North 57 degrees West 1054.6 feet, being the Northwest corner of and owned by Louisa McGrath and the real place of beginning, thence South 20 degrees 30' West 634.9 feet to a point of the section line which is the Southwest corner of the Louisa McGrath tract, thence West 65$5 feet, more or less to the South quarter corner of said section, thence North 855.7 feet, more or less la the Boise and Interurban Railroad right of way, thence Southeasterly with the lire of said right of way to the place of beginning. Except the Westerly 500 feet thereof. The hill text Ordinance No. 105 is on file for examination with the CIty Clerk, at any and all times that said office is regularly open. BARBARA MONTGOMERY, City Clerk Publish: July 10,1988. PROOF OF PUBLICATION State of Idaho, County of Ada SS. Jeannie Hawk , being first duly sworn, depose and say, that I am over twenty-one years of age, and chief clerk of VALLEY NEWS, a weekly newspaper of general circulation, published at Meridian, County of Ada, State of Idaho, and that the annexed notice was published in said paper once each week for consecutive weeks, the first publication being on the 10 day of _ July„ , 19.86._, and the last publication being on the 10 day of July 19 That said notice was published in the newspaper proper and not in a supplement. That said newspaper had been continuously and uninterruptedly published in said county for a period of 78 consecutive weeks prior to the first publication of this notice, and is a newspaper within the meaning of the I r aho statutes. Chief Clerk Subscribed and sworn to before me this . 11 ... day of ......._salt , 19.86_. Notary Public in and for daho Residence or Postoffice Address EXPIRES DEC. 1988 Meridian Idaho. J. PATRICK RIGECI .Q p 4ried -6.x,4 dt .. 217 WEST STATE STREET BOISE, IDAHO 83702 (208) 342-2608 June 12, 1986 Barbara Montgomery Eagle City Clerk P.O. Box 477 Eagle, ID 83616 Dear Mrs. Montgomery: Enclosed please find for publication an amended summary of Ordinance No. 105 of the City of Eagle. Pursuant to the provisions of §50-901 A, Idaho Code, I have reviewed the summary, which is true and complete and provides adequate notice to the public of its contents. JPR/mw Enclosure Very truly yours, . Patrick Riceci City Attorney Account Name City of Eagle Address P.O. Box 477 Ordered By Barbara Montgomery Identification Hearing: 5/13/86 11 Number of Affidavits Requested LEGAL NOTICE OF PUBLIC HEARING City of Eagle, Idaho Notice Is hereby given that the Eagle City Council will hold a public hearing on May 13, 1986 at 7:30 p.m. at the Eagle City Hall. The purpose of the hearing Is to con- sider an application submitted by D.C. Weaver for an Annexation to the City of Eagle and zoning commercial. Property Is generally located at 933 State St., business site of Burgess Pump and Weaver Construction. A specific legal description Is ob- tainable and on file in the office of the City Clerk. BARBARA MONTGOMERY City Clerk Pub. Apr. 29,1986 2020 StatesmanTlie Idaho P.O. BOX 40, BOISE, IDAHO 83707 LEGAL ADVERTISING INVOICE Amount Due /? 2, Account Number #30019 City/StateZip Eagle, ID P.O. Number Rate Run bates 1 g 86 nt Apr. 29 Legal Number #2020 STATE OF IDAHO SS. COUNTY OF ADA 83616 Laura Gay Barnes being duly sworn, deposes and says: That she is the Principal Clerk of The Idaho Statesman, a daily newspaper printed and published at Boise, Ada County, State of Idaho, and having a general circulation therein and which said newspaper has been continuously and uninterruptedly published in said County during a period of twelve consecutive months prior to the first publication of the notice, a copy of which is attached hereto; that said notice was published in The Idaho Statesman in conformity with Section 60-108, Idaho Code as amended, for One (1) 0 consecutive weekly 0 consecutive daily ® single 0 odd skip insertion(s) beginning with the issue of April 29 , 1986 and ending with the issue of April 29 16 Kif,/// 29th Subscribed and sworn to before me this day of April i 4 1 ,1 19 86 ��1 X t .A N/ Account Name City of Eagle Address P.O. Box 477 Ordered By Identification Hearing: 5/6/86 Number of Affidavits Requested LEGAL NOTICE OF PUBLIC HEARING CITY OF EAGLE, IDAHO Notice Is hereby given that the Eagle City Planning and Zoning Com- mission will hold a public hearing on May 6, 1986 at 7:30 p.m. at the Eagle Elementary School. The purpose of the hearing is to con- sider an annexation, zoning commer- cial. Application submitted by D.C. Weaver to annex property to the City of Eagle for the purpose of: Multi -stor- age units. Sublect proper}Y Is generally lo- cated at 933 State St., business site of Burgess Pump and Weaver Construc- tion. A specific legal description Is ob- tainable and on file In the office of the CItY Clerk. BARBARA MONTGOMERY Eagle CItY Clerk Pub. Apr. 21,1986 1922 StatcsmanThs� Idaho P.0. BOX 40, BOISE, IDAHO 8370/ LEGAL ADVERTISING INVOICE City/State Eagle, ID P.O. Number 1 Rate nt STATE OF IDAHO ) ss. COUNTY OF ADA ) Account Number #30019 Run Dates 1986 Amount Due Zip 83616 Apr. 21 Legal Number #1922 Laura Gay Barnes being duly sworn, deposes and says: That she is the Principal Clerk of The Idaho Statesman, a daily newspaper printed and published at Boise, Ada County, State of Idaho, and having a general circulation therein and which said newspaper ha's been continuously and uninterruptedly published in said County during a period of twelve consecutive months prior to the first publication of the notice, a copy of which is attached hereto; that said notice was published in The Idaho Statesman in conformity with Section 60-108, Idaho Code as amended, for ct2 ❑ consecutive weekly ❑ consecutive daily C/ single 0 odd skip insertion(s) beginning with the issue of A,,pri 1 71 , 19 g6 and ending with the issye of /I <.. (1) April 21 , 1985_ .6; Subscribed and sworn to before me this 21st day of April 19 86 /