HomeMy WebLinkAboutValley Shepherd Amd AZ OrdncWHITE PETERSON
RECEIVED,
MAY 2 0 2002
CITY OF MERIDIAN
CITY CLERK OFFICE
KEVIN E. DINIUS
JULIE KLEIN FISCHER
WM. F. GIGRAY, III
T. GuY HALLAM*
D. SAMUEL JOHNSON
LARRY D. MOORE
WILLIAM A. MORROW
WILLIAM F. NCHOLS*
CHRISTOPHER S. NYE
*Also admitted in OR
** Also admitted in WA
WHITE, PETERSON, MORROW, GIGRAY, ROSSMAN, NYE & ROSSMAN, P.A.
PHIL1P A. PETERSON
ERICA S. PHItL1PS
ERIC S. ROSSMAN
TODD A. ROSSMAN
DAVID M. SWARTLEY
PAMELA J. TARLOW
TF, RP,.ENCE R. WHITE**
NICHOLAS L. WOLLEN
ATTORNEYS AT LAW
830 E. FIRST STREET, SUITE 200
POST OFFICE BOX 1150
MERIDIAN, IDAHO 83680-1150
TEL (208) 288-2499
FAX (208) 288-2501
NAMPA OFFICE
5700 E. FRANKLIN RD.,
SurrE 200
NAMPA, IDAHO 83653-
8402
TEL. (208) 466-9272
FAX (208) 466-4405
PLEASE REPLY TO
MERIDIAN OFFICE
May 20, 2002
William G. Berg, Jr.
Meridian City Hall
33 E. Idaho Street
Meridian, Idaho 83642
Re:
VALLEY SHEPHERD CHURCH OF THE NAZARENE /AZ-00-018
AMENDED ORDIANCE 01-908 ANNEXATION AND ZONING
ORDINANCE (R-8)
Dear Will:
Please fred enclosed an amended ordinance for the annexation and zoning for Valley
Shepherd Church of the Nazarene. Apparently, the legal which was originally supplied to the City
was incorrect, and it was not discovered to be incorrect until the ordinance reached the State Tax
Commission office. I have attached a copy of the memo from Bruce Freckleton explaining this
matter. Therefore, in light of the situation, and with the submittal of the new legal, please find
attached the amended ordinance. Also, please supply this information to the Mayor and Council so
that they will be aware of the situation and why the ordinance needed to be amended.
Please place this amended ordinance on an upcoming City Council agenda for
approval. If you have any questions arise, please advise.
~ W~. F. Nichols ~
Z:\WorkhMhMeridianLMeridian 15360M\NazareneChurchAZ018\Clerk on Amended Ord 01908 .doc
Memo
May 15, 20O2
Marlene St. George
Sonya Allan
File
Bruce Freckleton
Annexation 'Ordinance 01-908
'Madene,
We received notification from the State Tax Commission that lhe abOve Ordinance has issues ~ the
legal description. We verified the error, and acquired a new legal from the aPPlicants engineer. Now we
need to proceed wilh an Amended Ordinance to include the new information. Attached you will finda new
legal description with my aPProval stamp dated May 15, 2002,and an Exh~oit map prepared by Roylance &
Associates P.A.. Please use these items in the amended ordinance.
From the de~k of...
~o E.=w~e~ La~e~ sure 200
Meri&i~ Idaho 83642
(208) 898-5500
Fa~ (208) 887-1297
CITY OF MERIDIAN
AN ORDINANCE AMENDING ORDINANCE NO. 01-908
BY COUNCIL MEMBER:
AN ORDINANCE OF THE CITY OF MEKIDIAN, IDAHO, AMENDING ORDINANCE NO. 01-908
TO AMEND THE LEGAL AND FINDING THAT CERTAIN LAND TO BE KNOWN AS THE
LOCATION OF VALLEY SHEPHERD CHURCH OF THE NAZARENE LIES CONTIGUOUS OR
ADJACENT TO THE CITY LIMITS OF THE CITY OF MERIDIAN, COUNTY OF ADA, STATE
OF IDAHO; AND FINDING THAT THE OWNER HAS MADE A REQUEST FOR ANNEXATION
IN WRITING TO THE COUNCIL; AND THAT SAID LAND BE ANNEXED TO THE CITY OF
MERIDIAN AND ZONING DESIGNATED MEDIUM DENSITY RESIDENTIAL DISTRICT (R-8);
AND DECLARING THAT SAID LAND, BY PROPER LEGAL DESCRIPTION AS DESCRIBED
BELOW, BE A PART OF THE CITY OF MERIDIAN, COUNTY OF ADA, STATE OF IDAHO;
REPEALING ALL ORDINANCES, RESOLUTIONS, ORDERS OR PARTS THEREOF IN
CONFLICT HEREWITH; AND DIRECTING THE CITY ENGINEER TO ADD SAID PROPERTY
TO THE OFFICIAL MAPS OF THE CITY OF MERIDIAN, IDAHO; AND DIRECTING THE CLERK
OF THE CITY OF MERIDIAN TO FILE A CERTIFIED COPY OF THE ORDINANCE AND MAP
OF THE AREAS TO BE ANNEXED WITH ADA COUNTY RECORDER, AUDITOR, TREASURER
AND ASSESSOR, AND THE STATE TAX COMMISSION OF THE STATE OF IDAHO,
PURSUANT TO IDAHO CODE SECTION 50-223 AND SECTION 63-2215.
BE IT ORDAINED BY THE MAYOR AND THE COUNCIL OF THE CITY OF
MERIDIAN, COUNTY OF ADA, STATE OF IDAHO:
SECTION 1. FINDINGS: That the following described land is comiguous and
adjacent to the City of Meridian, Idaho, and that the City of Meridian has received a written request for
annexation to the City of Meridian, Idaho, with attached MAP as Exhibit "A", by the owner of said
Property to-wit:
AMENDED ORDINANCE NO.01-908 ANNEXATION
AND ZONING ORDINANCE (AZ-00-018)
- 1
A tract of land located in the Northeast one-quarter of the Southeast one-quarter of
Section 24, Township 3 North, Range 1 West, Boise Meridian, Ada County, Idaho; more particularly
described as follows:
Commencing at the Northeast comer of the Southeast one-quarter of said Section 24,
thence along the easterly line of said Southeast one-quarter South 00°-37'-31'' West a distance of 188.40
feet to a steel pin located at the Southeast comer of that property conveyed to William O. Aaron and Jean
L. Aaron, husband and wife, in that warranty deed recorded July 19, 1985 as Instrument No. 8537566,
Records of Ada County, Idaho, said point being the POINT OF BEGINNING.
Thence along the southerly line of said Aaron tract, North 87°-08'-00" West a distance
of 94.40 feet to a steel pin;
Thence continuing along the southerly line of said Aaron tract, North 89°-58'-30" West
a distance of 1231.55 feet, more or less, to the Southwest comer thereof, said point being on the westerly
line of the Northeast one-quarter of the Southeast one-quarter of said Section 24;
Thence along said westerly line South 00°-29'-01'' West a distance of 1145.52 feet, more
or less, to the Southwest comer of the Northeast one-quarter of the Southeast one-quarter of said Section
24; ,
Thence along the southerly line of the Northeast one-quarter of the Southeast one-quarter
of said Section 24, South 89°-55'-18" East a distance of 1323.03 feet, more or less, to the Southeast
comer of the Northeast one-quarter of the Southeast one-quarter of said Section 24;
Thence along the easterly line of the Northeast one-quarter of the Southeast one-quarter
of said Section 24, North 00%37%31" East a distance of 1142.10 feet, more or less, to the POINT OF
BEGINNING.
AMENDED ORDINANCE NO.01-908 ANNEXATION
AND ZONING ORDINANCE (AZ-00-018)
- 2
The above described tract of land contains 34.84 acres, more or less, subject to all rights-
of-way and easements.
SECTION 2: That the above-described real property be, and the same is hereby annexed
and made a part of the City of Meridian, Ada County, Idaho.
SECTION 3: That the real property herein by this ordinance annexed to the City of
Meridian hereinabove described shall be zoned Medium Density Residential District (R-8).
SECTION 4: That the City Engineer is hereby directed to alter all use and area maps
as well as the official zoning maps, comprehensive plan and all official maps depicting the boundaries
of the City of Meridian in accordance with this ordinance.
SECTION 5: The zoning designation set forth in Section 3 of this ordinance is subject
to the terms and conditions of that certain Development Agreement by and between the City of Meridian
and the owner of the land described in Section 1 dated the 19th day of January, 2001, and that the uses
are to be developed under the planned unit development process and conditional use permit process.
SECTION 6: All ordinances, resolutions, orders or parts thereof in conflict herewith
are hereby repealed, rescinded and annulled.
SECTION 7: This ordinance shall be in full force and effect ~om and after its passage,
approval and publication, according to law.
SECTION 8: The Clerk of the City of Meridian shall, within ten (10)
days following the effective date of this ordinance, duly file a certified copy of this ordinance and a map
prepared in a draftsman manner plainly and clearly designating the boundaries of the City of Meridian,
including the lands herein annexed, with the following officials of the County of Ada, State of Idaho,
to-wit: the Recorder, Auditor, Treasurer and Assessor and shall also file simultaneously a certified copy
AMENDED ORDINANCE NO. 01-908 ANNEXATION
AND ZONING ORDINANCE (AZ-00-018) 3
of this ordinance and map with the State Tax Commission of the State of Idaho, all in compliance with
Idaho Code §63-2215 and §50-223.
PASSED BY THE COUNCIL OF TIlE CITY OF MERIDIAN, IDAHO, this day of
,2002.
APPROVED BY THE MAYOR OF TIlE CITY OF MERIDIAN, IDAHO, this day of
,2002.
ATTEST:
MAYOR
CITY CLERK
STATE OF IDAHO,)
County of Ada.
· SS.
On this day of , , before me, the undersigned,
a Notary Public in and for said State, personally appeared ROBERT D. CORRIE and WILLIAM G.
BERG, JR., known to me to be the Mayor and City Clerk of the CITY of Meridian, Idaho, and who
executed the within instrument, and acknowledged to me that the City of Meridian executed the same.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the
day and year first above written.
(SEAL)
NOTARY PUBLIC FOR IDAHO
RESIDING AT:
MY COMMISSION EXPIRES:
Z:\Work\M~Meridian~Meridian 1 $360M~NazareneChu rchAZ018~AmendedOrd01908AZOrd.doc
AMENDED ORDINANCE NO.01-908 ANNEXATION
AND ZONING ORDINANCE (AZ-00-018)
- 4
, NORTH~ES[ CORNER OF
~:THE NORTHEAST I/4 OF
rilE SOUTHEAST 1/4 OF
/
SOUTH~ES[ CORNER OF
THE NORTHEAST I/4 OF:
1HE SOUTHEAS[ ~/4 OF
SEC llON 2~
NSg'58'25"~/ 152~.$4'
INST.' NO. 8537566
N8.9'58'$O'~Y I2,.,Zl. 55' _+
34.84 ACRES -+
INST. NO. 97024920
NE1/4 OF THE SE 1/4
SECTION 24
400
S89'55'18"E I$2~0,.,z'
SOUTHEASt CORNER OF
'IHE NORTHEASt 1/4 OF
THE SOUTHEAS[ ~/4 0F
SECllON 24
ROYI_ANCE: AND A88OCIATE8' P/
Engineers --=Surveyors --. Land planners
391 W'State.'Street Suite E
600 Eagle, Idaho~ 83616
!' (208) 939-2824