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Ordinance - 1994 - 243 - Annexation Floyd Patterson - 04/12/19949 035022c:, Bolrc ID ORIGINAL t '94 a 15 0f =EE ,ST OF r9 NORDINANCANNEXING 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. b ORDINANCE NO. 243 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 Idaho Code, Section 50-222; and WHEREAS, the owners 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 January 7, 1994, as required by Idaho Code, Section 67-6525, and recommended to the Mayor and Council that the annexation and zoning request of R4 (Residential 4 units per acre) be denied. WHEREAS, the Eagle City Council, pursuant to public notice as required by law, held a public hearing on February 22, 1994, on the proposed annexation and zoning for the real property described in Section 2 below as required by Idaho Code, Section 67-6525, made findings and determined that the requested annexation should be granted, and the zoning classification of R4 (Residential 4 units per acre) 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 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 City, particularly described in Exhibit "A", attached, 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. Section 4: The zoning land use classification of the land described in Section 2 above is hereby established as R4,(Residential 4 units per acre) as reflected on Exhibit "A", attached herein, as provided by the Zoning Ordinance of the City. The Comprehensive Plan and Zoning Map of the City are hereby amended to include the real property described in Section 2 above in the R4 (Residential 4 units per acre) zoning land use classifications. 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 Idaho Code, Section 50- 223, and to comply with the provisions of Idaho Code, Section 63- 2215, 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 Idaho Code, Section 50-901A, may be published. DATED this day o aWt CITY OF EAGLE ADA COUNTY, IDAHO, 1994. TEVE GUERBER EXHIBIT "A" BOUNDARY DESCRIPTION FOR FLOYD PATTERSON A parcel 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: Commencing at the southeasterly corner of said SE 1/4, monumented with a brass cap monument; thence N 89°41'34" W along the southerly boundary of said SE 1/4 a distance of 1114.06 feet to a point; thence leaving said southerly boundary N 0°17'54" E a distance of 246.43 feet to a 1/2 inch diameter iron pin and the POINT OF BEGINNING; thence continuing N 0°17'54" E a distance of 71.58 feet to a 5/8 inch diameter iron pin; thence N 86°31'25" W a distance of 99.88 feet to a 5/8 inch diameter iron pin; thence N 12°13'28" E a distance of 164.07 feet to a 5/8 inch diameter iron pin on the centerline of existing Hill Road; thence along said existing centerline the following described courses: thence N 74°52'38" W a distance of 74.78 feet to a 5/8 inch diameter iron pin; thence a distance of 150.79 feet along the arc of a 1235.49 foot radius curve left, said curve having a central angle of 6°59'35" and a long chord bearing N 78°22'26" W a distance of 150.70 feet to a 5/8 inch diameter iron pin; thence N 81°52'13" W a distance of 691.75 feet to a 5/8 inch diameter iron pin; thence 41.75 feet along the arc of a 485.01 foot radius curve right, said curve having a central angle of 4°55'55" and a long chord bearing N 79°24'16" W a distance of 41.74 feet to a concrete nail; thence leaving said existing centerline S 24°29'31" W a distance of 132.98 feet (of record as S 24°02'49" W a distance of 132.99 feet) to a 1/2 inch diameter iron pin; thence S 44°52'37" W a distance of 153.74 feet (of record as S 44°27'00" W a distance of 153.86) to a 1/2 inch diameter iron pin; thence S 28°30'21" E a distance of 52.04 feet to a 1/2 inch diameter iron pin; Patterson Description Page 2 of 2 thence S 84°09'07" E a distance of 1154.98 feet (of record as S 84°08'13" E a distance of 1155.20 feet) to the POINT OF BEGINNING. This parcel contains 6.38 acres and is subject to any easements existing or in use. WARRANTY DEED FOR GOOD AND VALUABLE CONSIDERATION, EDNA PATTERSON HARVEY, Grantor, hereby CONVEYS, GRANTS, SELLS and WARRANTS to BRUCE A. PATTERSON and KIMBERLY S. PATTERSON, Husband and Wife, STACIA L. PATTERSON and SHARON L. PATTERSON, as tenants-in-common, and their heirs, successors and assigns, Grantees, of P. O. Box 4055, Boise, Idaho 83711, the property described on Exhibit "A", attached hereto and made a part hereof. Together with all and singular tenements, hereditaments and appurtenances thereto unto belonging or in anywise appertaining. Grantor does hereby represent, declare and covenant to and with the Grantees that she is the owner in fee simple of the Property; that she has full right, power and ability to convey the Property to Grantees; that she has not previously entered into an agreement to or otherwise transferred, assigned or conveyed the Property to any other person or entity; that there are no encumbrances except those of record which have been disclosed to Grantees; and that it will warrant and defend the above and the title to the Property from all lawful claims whatsoever. In witness whereof, the Grantor has executed this instrument this 34 day of November, 1993. EDNA PATTERSON HARVEY STATE OF IDAHO ) ss. County of Adarif ) On this S ay of 11/4.(01%• , in the year of / J�'3 , before me, a Notary Public, personally appeared EDNA PATTERSON HARVEY, known to be the person that executed the within instrument, and acknowledged to me that such she executed the same. IN WITNESS WHEREOF, I hereby set my hand and affix my official seal, the day and year hist above -written. " 40 r; �c r / ! ��/ljCuti- �Jrv� L Notary Public 1 r, r ADA RECORDER Residing at ✓K ertu/s4"L �� J. DAVE; ;-.AV, RO My Commission Expires S 3 -77 DBOISE ID 09392301 '93 NOU 3 F111 29 9.41? U[ r al444 FEE .. RECORD'E1) AT rnE REQUEST OF .', PROOF OF PIJI County of Ada State of Idaho Co- SZyeroglibeing first duly sworn, on oath says that she is the principal clerkofTHE VALLEY NEWS, anewspaper of general circulation, published weekly at Meridian, County of Ada, State of Idaho; That the annexed notice was published in said n;,..ara va once each and every week for 1 consecutive weeks, First publication being on the o2 ( day of ,19 ill , and the last publication day of .19 being on the That the said newspaper has been published continuously and uninterruptedly in said county during aperiod of more than seventy-eight consecutive weeks prior to the first publication of the attached notice. Principal Clerk Subscribed and sworn before me this day of , 19 _5,1 Notary .. ,..,, i.,. PPublic Residence: My commission expires: (SEAL) The Valley News ORDINANCE NO. 243 AN ORDINANCE ANNEXING CERTAINREAL PROPERTY SITU- ATEDINTHE UNINCORPORATED AREA OF ADA COUNTY, IDAHO, AND CONTIGUOUS TO THE COR- PORATE LIMITS OF THE CITY OF EAGLE, TO THE CITY OF EAGLE, IDAHO; ESTABLISHING THE ZONING CLASSIFICATION OF SAID REAL PROPERTY; DIR- ECTING THAT COPIES 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 organized and operating under the laws oftheStateof Idaho and is authorized to annex to and incorporate within the boundaries of the City contiguous real property in the manner provided by Idaho Code, Section 50-222; and WHEREAS, the owners of the real property situated in the unincor- porated area of Ada County and par- ticularly described in Section 2 of tis ordinance have requested, in writing, annexation of said real property to the City of Eagle; and WHEREAS, the Planning and Tuning Commis cion of the Cry, pursuant to public notice as required by law, held a pblic hearing on January 7, 1994, as required by Idaho Code, Section 67- 6525, and recommended to the Mayor and Council that the annexation and zoning request of RF (Residential 4 units per acre) be denied. WHEREAS, the Eagle City Council, pursuant to public notice as required by law, held a public hearing on February 22, 1994, on the proposed annexation and zoning for the real property described in Section 2 below as required by Idaho Code, Section 67- 6525, made findings and determined that the requested annexation should be granted, and the zoning classification of R4 (Residential 4 units per acre) is appropriate to meet the requirements of Idaho Code, Eagle City Code and the Eagle Comprehensive Plan and sould be granted. NOW, THEREFORE, BE IT ORDAIN- ED BY THE MAYOR AND COUN- CIL OF THE CITY OF EAGLE, IDAHO, as follows: ection 1: The Eagle City Council hereby finds and declares that the real property described below is contigu- ous to the City, that said property can be reasonably assumed to be used for the (Cont. in next column) orderly development of the City, that the owner of said property has quested, in writing, annexation thea to the City. Section 2: The real property, all situs in Ada County, Idaho, adjacent contiguous to the City, particul described in Exhibit "A", attache( annexed hereto and by refere incorporated herein, is hereby anne to and incorporated in the territc rpilits of the City of Eagle, Idaho. ,Section 3: From and after effective date of this Ordinance,, property and persons within the bot aries and territory described above s be subject to all ordinances, resoluti police regulations, taxation, and o powers of the City of Eagle. Section 4: The zoning land classification of the land describer Section2 above is herebyestablishe R4 (Residential 4 units per acre) reflected on Exhibit "A", artachedbr as provided by the Zoning Ordinanc the City. The Comprehensive Plan. Zoning Map of the City are her amended to include the real prof described in Section 2 above in the (Residential 4 units per acre) zoo