Ordinance - 2019 - 813 - Annexation & Zone Hollyhock Estates - 03/26/2019ADA COUNTY RECORDER Phil McGrane 2019-026055
BOISE IDAHO Pgs=6 LISA BATT 04103/2019 09:42 AM
EAGLE CITY NO FEE
IlIlIlIlIlIll IlIlIlIlIlIlIll III VIII 111111 1111 III
00608168201900260550060065
ORDINANCE NO. 813
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;
CHANGING THE ZONING CLASSIFICATION OF SAID REAL PROPERTY DESCRIBED
HEREIN FROM RUT (RURAL -URBAN TRANSITION) TO R -2 -DA (RESIDENTIAL WITH
A DEVELOPMENT AGREEMENT); AMENDING THE ZONING MAP OF THE CITY OF
EAGLE TO REFLECT SAID CHANGE; 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, Maddyn Homes, LLC, the owner of the real property situated in the unincorporated
area of Ada County and particularly described in Exhibit "A" and shown in Exhibit "B" of this
ordinance has requested, in writing, annexation of said real property to the City of Eagle; and
WHEREAS, the property described in Exhibit "A" is identified by the Ada County Assessor's
Office as tax parcel number S0402428260; and
WHEREAS, the property described in Exhibit "A" is located at 2220 North Lanewood Road; and
WHEREAS, the owners of the real property situated within the City of Eagle and particularly
described in Exhibit "A" and shown in Exhibit "B" of this ordinance has requested, in writing, a
rezone from RUT to R -2 -DA; and
WHEREAS, the Planning and Zoning Commission of the City, pursuant to public notice as
required by law, held a public hearing on December 3, 2018, as required by Section 67-6525,
Idaho Code, and made a recommendation to the Mayor and Council; and
Page 1 of 3
K:1000NCILII)raft OrdinanceslORI) 813 Hollyhock Estates.doc
WHEREAS, the Eagle City Council, pursuant to public notice as required by law, held a public
hearing on January 8, 2019, on the proposed annexation and zoning for the real property
described in Exhibit "A" as required by Section 67-6525, Idaho Code, made findings and
determined that the requested annexation should be granted and that a zoning classification of R-
2 -DA for the property described in Exhibit "A" is appropriate to 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 particularly
described in Exhibit "A", and shown in Exhibit "B" attached hereto and incorporated herein by
reference, 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" and as generally shown on Exhibit "B", attached
hereto and included herein by reference, is hereby annexed to the incorporated territorial limits of
the City of Eagle, Idaho.
Section 3: The City Council hereby finds and determines that the real property particularly
described in Exhibit "A" and generally as shown on Exhibit "B", attached hereto and
incorporated by reference, is hereby removed from the RUT (Rural -Urban Transition) zoning
classification and is hereby included in the R -2 -DA (Residential with a development agreement)
zoning classification all pursuant to the Zoning Ordinance of the City of Eagle. The City Council
further finds and determines that said zone change is in accordance with the Eagle
Comprehensive Plan and relevant City Codes and that the Zoning Map of the City is hereby
amended to include the real property described in Exhibit "A" in the R -2 -DA zoning district.
Section 4: 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 5: The City Clerk is hereby directed to file, within 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 63-215,
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.
Page 2 of 3
K:ICOUNCILU)raft Onftnances\ORI 813 Hollyhock G.uatcs.doc
DATED this 26th day of March 2019.
CITY COUNCIL OF THE CITY OF EAGLE
Ada County, Idaho
Stan Ridgeway, Mayor Q
ATTEST:
Sharon K. Bergmann, Eagle City Clerk
STATE OF IDAHO )
: ss.
County of Ada )
On this 02-6, day of Ck-1 , in the year 2019, before me, the undersigned, a
Notary Public in and for said State, personally appeared STAN RIDGEWAY, known to me to be
the MAYOR of said municipal corporation that executed this instrument and the persons who
executed the said instrument on behalf of said corporation, and acknowledged to me that such
corporation executed the same.
In witness whereof, I have hereunto set my hand and affixed my official seal the day and year
first written.
ELLEN M SMITH
COMMISSION #25743
NOTARY PUBLIC
STATE OF IDAHO
MY COMMISSION EXPIRES
17)7
Notary Public / r r
Residing at: M; Cid l e -I 6�
My Commission Expires: -2C2
Pagc 3 of 3
K 1COUNClI.\l)r,dl Ordinances( )RI) H13 Hu11yhoi.k l.,tares.du.
Of
PAIS LAND SURVEYING PLLC
Lanewood
Date: 6112/18
Job No.:2718
EXHIBIT aA"
ANNEXATION PARCEL
DESCRIPTION
RECEIVED & FILED
CITY OF EAGLE
JUN 2 6 2018
File:
Route to:
The following Describes a Parcel of Land being a Portion of the SE 1/4 of Section 2, Township 4
North, Range 1 West, Boise Meridian, Ada County Idaho, and more particularly described as
follows:
COMMENCING at the Center 114 Comer of Section 2, Township 4 North, Range 1 West, Boise
Meridian, Ada County Idaho which is being Monumented with a Found Aluminum Cap;
From which, the East 1/4 Comer of said Section 2 bears, South 89°16'08" East, 2639.37
feet which is being Monumented by a Found Brass Cap; Thence along the North-South
Center of Section Line, South 01°00'52" West, 608.48 feet to a Found 5/8" Iron Pin with
Plastic Cap "PLS 4347", the POINT OF BEGINNING:
Thence leaving said Center of Section Line, North 86°52'29" East, 467.94 feet to a Point; From
said Point, a found 5/8" Iron Pin with Plastic Cap "PLS 4347" which is Witnessing said Point
bears, South 86°52'29" West, 25.00 feet;
Thence, South 29°02'54" East, 208.71 feet to a Point;
Thence, South 05°36'04" West, 169.00 feet to a Point;
Thence, South 32°12'05" West, 123.58 feet to a Point;
Thence, South 82°24'04" West, 120.83 feet to a Point;
Thence, South 66°45'04" West, 202.00 feet to a Point;
Thence, South 30°42'04" West, 203.05 feet to a Point;
Thence, North 89°40'32" West, 89.59 feet to a point on the North-South Center of Section Line of
said Section 2;
Thence along the said North-South Center of Section Line, North 01°00'52" East, 699.62 feet to
the POINT OF BEGINNING:
The above Described Parcel of Land contains 6.72 Acres (292,550 Sq. Ft.), more or less.
623 I l th Ave. South, Nampa, ID 83651 ° T. (208) 442-0115 0 C. (208) 608-2510 lkoerner.cls@gmail.com
EXHIBIT "B"
A PORTION OF THE SE1/4 OF SECTION 2, T. 4 N., R. 1 W., B.M.,
ADA, COUNTY, IDAHO 2018
S 89°16'08" E 2639.37'
QC 1/4 Comer BASIS OF BEARING:
Section 2
0
N 86°52'x' E 467,94'
"PLS .,, - - 442.94' 25' WC
4347" "PLS N
POINT OF 4347" 'foe
BEGINNING �,
co
081E0 ..11W.
E 1/4 Comer
Section 2 0
0
Iw
Z
5
89.59'
clk189°40'32" W
ao
co
S 114 Comer
e n2
TOTAL PARCEL AREA
292, 550 Sq Ft
6.72 Acres
120.83'
S 82°24'04" w
se.
601(1 7141.°
JN 2718
COMPASS LAND SURVEYING, PLLC
62311th Avenue South Nampa, ID 83651
Office: (208) 442-0115 Fax: (208) 327-2106
n
89.59
n89"40'32"w
n86.5229"e
467.94
2718-ANNEXATON BOUNDARY DESCRIPTION
Scale: 1 inch= 85 feet (File:
Tract 1: 6.7160 Acres (292550 Sq. Feet), Closure: s45.1602e 0.01 ft. (1/318712), Perimeter -2284 ft.
01 n86.5229e 467.94
02 s29.0254e 208.71
-03 s05.3604w 169
-04 s32.1205w 123.58
05 s82.2404w 120.83
06 s66.4504w 202
07 s30.4204w 203.05
08 n89.4032w 89.59
09 n01.0052e 699.62
120.83
s82"24'04"w
Is„2/20,8
Account #
263905
Ad Number
Idaho Statesman
CITY OF EAGLE �t
Keeping you connected I IdahoStatesman.com APR 1 1 2019
0004157534 I ORDINANCE NO 813 AN ORDINANCE ANNEX!
Fite -
Route tea
AFFIDAVIT OF PUBLICATION
Identification
Attention: Tracy E. Osborn
CITY OF EAGLE / LEGALS
PO BOX 1520
EAGLE, ID 83616
ORDINANCE NO. 813
rii ORDINANCE ANNEXING CERTAIN REAL PROPERTY SITUAIED IN
THE UNINCORPORATED AREA OF ADA COUNTY, IDAHO, AND CON-
TIGUOUS TO THE CORPORATE LIMITS OF THE CITY OF EAGLE, TO
THE CITY OF EAGLE, IDAHO: CHANGING THE ZONING CLASSIFICA
TION OF SAID REAL PROPERTY DESCRIBED HEREIN FROM RUT
(RURALUJRBAN TRANSITION) TO R -2 -DA (RESID `ITIAL WITH A DE-
VELOPMENT AGREEMENT): AMENDING THE ZONING MAI' OF THE
CITY OF EAGLE TO REFLECT SAID CHANGE: DIRECTING THAT COP-
IES OF THIS ORDINANCE. BE FILED AS PROVIDED BY LAW; AND PRO-
VIDING AN EFFECTIVE DATE.
WHEREAS, the City of Eagle, Idaho is a municipal corporation organ-
ized and operating_ under the latus of the State of Idaho and is au-
thorized to annex to and incorporate within the boundaries ot the
City contiguous real property in the manner provided by Section 50-
222, Idaho Code; and
WHEREAS, Maddyn Homes, LLC, the owner of the real property situ
ated in the unincorporated area of Ada County and particularly de-
scribed in Exhibit 'A" and shown in Exhibit "B" of this ordinance has
requested, In writing. annexation of said real property to the City of
Eagle; and
WHEREAS, the property described in Exhibit "A" is identified by the
Ada County Assessor's Office as tax parcel number S0402428260:
and
WHEREAS, the property described in Exhibit "A' is ocated at 2220
North Lanewood Road, and
WHEREAS, the owners of the real property situated wimin the City ot
Eagle and particularly described in Exhibit `A" and shown in Exhibit
'B' of this ordinance has requested, in writing, a rezone from RUT to
R-2DA, and
WHEREAS, the Planning and Zoning Commission of the City. pur-
suant to public notice as required by law, held a public hearing on
December 3, 2018, as required by Section 676525, Idaho Cade.
and made a recommendation to the Mayor and Council: and
WHEREAS, the Eagle City Council, pursuant to public notice as re-
quired by lair, held a puollc hearing on January 8, 2019. on the pro-
posed annexation and zoning for the real property described in Ex-
hibit "A" as required by Section 67-6525. Idaho Code, made hndiriys
and determined that the requested annexation should be granted
and that a zoning classification ot R -2 -DA for the property described
in Exhibit "A" is appropriate to meet the requirements of Idaho Code.
Eagle City Code and the Eagle Comprehensive Plan and should he
granted.
NOW, THEREFORE. BE IT ORDAINED BY THE MAYOR AND COUNCIL
OF T IE CITY OF EAGLE, IDAFIO, as follows:
Section 1: The Eagle City Council hereby finds and declares that the
real property particularly described in Exhibit "A`, and shown in Ex-
hibit `B" attached hereto and incorporated herein by reference, is
contiguous to the City, that said property can be reasonably as
sumed 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. adja-
cent and contiguous to the City, particularly described in Exhibit "A`
and as generally shown an Exhibit '6', attached hereto and included
herein by reference, is hereby annexed to the incorporated territorial
limits of the City of Eagle. Idaho,
Section 3: The City Council hereby finds and determines that the real
property particularly described in Exhibit 'A' and generally as s
on Exhibit `B`, attached hereto and incorporated by referent
hereby removed from the RUT Rural -Urban Transition) zoning cI
fication and is hereby Included in the R2 -DA (Residential with a d
opment agreement) zoning classification all pursuant to the Z
Ordinance of the City of Eagle. The City Council further finds an
termines that said zone change is in accordance with the E
PO
Ordinance 813
Amount I ColsI Deoth I
5263.36 2
VICTORIA RODELA, 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.
1 Insertions
Beginning issue of 04/04/2019
Ending issue of 04/04/2019
Y/Jiv�
(Legals Clerk)
On this 4th day of April in the year of
2019 before me, a Notary Public.
personally appeared before me
Victoria Rodela known or identified to
me to be the person whose name
subscribed to the within instrument,
and being by first duly sworn,
declared that the statements therein
are true, and acknowledged to me
that she executed the same.
Notary Pub c in and for the state of
-.rp=Texas, residing in Dallas County
.. %•. • CHRISTINE GARCIA �5
My Notary ID # 131795128 4
of •• �E+,:
Expires fires November 13, 2022
Ex!ta charge for lost or duplicate affidavits.
e`yal document please do not destroy!
1,
Comprehensive Flan and relevant City codes and that the Lonrng
Map of the City is hereby amended to include the real property de-
scribed in Exhibit 'A" in the R -2 -DA zoning district.
Section 4: From and after the effective date of this Ordinance, all
Property and persons within the boundaries and territory descrioed
above shall be subject to all ordinances, resolutions, police regula-
tions, taxation. and other powers of the City of Eagle.
Section 5: The City Clerk is hereby directed to file. within ten (101
days of passage and approval of this Ordinance, a certified copy of
this Ordinance with the offices of the Auditor, Treasurer, and Asses•
sof 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 63.215, Idaho Code, with re
gard to the preparation and filing of a map and legal descnption 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.
Exhibit B may be reviewed at Eagle City Hall, 660 E. Civic Ln. Eagle.
Idaho, during regular business hours.
OATED this 26th day of March 2019.
CITY COUNCIL OF THE CITY OF EAGLE
Ma County, Idaho
Stan Ridgeway, Mayor
ATTEST:
Sharon K. Bergmann, Eagte City Clerk
STATE OF IDAHO
ss.
County of Ada
On this day of _, in theear 2019. before me, the under-
signed, a Notary Public in and forysaid State, personalty appeared
STAN RIDGEWAY. known to me to be the MAYOR of said municipal
corporation that executed this instrument and the persons who exe-
cuted the said instrument on behalf of said corporation. and ac-
knowledged to me that such corporation executed the same.
In witness whereof, I have hereunto set my hand and affixed my offi-
cial seal the clay and year fust written.
Notary Public
Residing at:
My Commission Expires
EXHIBIT "A"
ANNEXATION PARCEL
DESCRIPTION
The following Describes a Parcel of Land being a Portion of the SE
1/4 of Section 2, Township 4 North, Range 1 West, Boise Meridian.
Ma County Idaho, and more particularly described as follows:
COMMENCING at the Center 1/4 Corner of Section 2. Township 4
North, Range 1 West, Boise thlendian, Ada County Idaho which ts be-
ing Monumented with a Found Aluminum Cap; From which, the East
1/4 Corner of said Section 2 bears, South 89°16'08" East,
2639.37 feet which is being Monumented by a Found Brass Cap:
Thence along the North-South Center of Section Line, South
01°00'52' West, 608.48 feet to a Found 5/8' Iron Pin with Plastic
Cap "PLS 4347". the POINT OF BEGINNING:
Thence leaving said Center of Section Line, North 86°52'29' East,
467.94 feet to a Paint; From said Point, a found 5/8' Iron Pin with
Plastic Cap `PLS 4347" which is Witnessing said Point bears, South
86°52'29 West, 25.00 feet;
Thence, South 29`02'54" East, 208.71 feet to a Point;
Thence, South 05°36'04" West, 169.00 feet to a Pont;
Thence, South 32°12'05" West. 123.58 feet to a Point:
Thence, South 82°24'04" West, 120.83 feet to a Point;
Thence, South 66°45'04" West, 202.00 feet to a Point;
Thence. South 30°42'04" West, 203.05 feet to a Point;
Thence, North 89°40'32" West, 89.59 feet to a point on the North-
South Center of Section Line of said Section 2;
Thence along the said North-South Center of Section Line. North
01°00'52' East, 699.62 feet to the POINT OF BEGINNING:
The above Described Parcel of Land contains 6.72 Acres
(292.550 Sq. Ft.), more or less.
000415753401
IL)AHO
PO Box 36 • Boise ID 83722-0410
State Tax Commission 800 Park Blvd., Plaza IV • Boise ID 83712-7742
May 7, 2019
Sharon Bergmann
Eagle City Clerk
P 0 Box 1520
Eagle, ID 83616
Subject: Ordinance No. ord._813 EAGLE (CITY)
Dear Ms. Bergmann:
The Idaho State Tax Commission (ISTC) received the documentation that was provided for the
annexation of real property in EAGLE (CITY), for tax year 2020. We approve and recognize the
map and legal description; however this approval and recognition is limited to the
acknowledgement that the map and legal description meet the requirements of Idaho Code Section
63-215, and IDAPA 35.01.03, referred to as the Idaho Property Tax Administrative Rules.
Find current year information about taxing district change requests at the Current Status Web page.
Please visit http://tax.idaho. aov/i-1069.cfm.
Sincerely,
Geographic Information Systems Division
Technical Support Bureau
Idaho State Tax Commission
Phone (208) 334-7750
Email gis@tax.idaho.gov
CC:
Robert McQuade, Ada County Assessor
Phil McGrane, Ada County Clerk
yvu w
Equal Opportunity Employer • tax.idaho.gov • Hearing Impaired TDD (800) 377-3529
.,113
271
From: 0050068
To: 0050068 (NO CHA1N,GE1
i I i
Legend
Parcel Line 0 Eagle (City) District
Ili District Change 0 Similar District
Tax Code Area Other Annexations
Coordinate System: NAD 1983 StatePlane Idaho West FIDS 1103 Feet
Protection: Transverse Mercator
Datum: North American 1983
Central Meridian: -115.7500
Units: Foot US
I
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Ordinance: ord._813
3/26/2019
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Ada County
Eagle (City)
•
Geographic Information Systems
Technical Support Bureau
(208) 334-7750
This map is only a representation of the tax code area
boundaries and should not be used for legal or
surveying applications.
State Tax Commission