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HomeMy WebLinkAboutSilver Oaks Ord CITY OF MERIDIAN ORDINANCE NO. BY THE CITY COUNCIL: BIRD, DONNELL, ROUNTREE, WARDLE AN ORDINANCE (AZ-05-016 SILVER OAKS SUBDIVISION) FOR ANNEXATION OF PROPERTY LOCATED ON A PORTION OF THE W Y2 OF THE SE ~ AND THE E Y2 OF THE SW ~ OF SECTION 10, TOWNSHIP 3 NORTH, RANGE 1 WEST, BOISE MERIDIAN, ADA COUNTY, IDAHO AS DESCRIBED IN ATTACHMENT "A" AND ANNEXING CERTAIN LANDS AND TERRITORY, SITUATED IN ADA COUNTY, IDAHO, AND ADJACENT AND CONTIGUOUS TO THE CORPORATE LIMITS OF THE CITY OF MERIDIAN AS REQUESTED BY THE CITY OF MERIDIAN; ESTABLISHING AND DETERMINING THE LAND USE ZONING CLASSIFICATION OF SAID LANDS FROM RUT (ADA COUNTY) TO R~15 (MEDIUM HIGH DENSITY RESIDENTIAL) AND L-O (LIMITED OFFICE) IN THE MERIDIAN CITY CODE; PROVIDING THAT COPIES OF THIS ORDINANCE SHALL BE FILED WITH THE ADA COUNTY ASSESSOR, THE ADA COUNTY RECORDER, AND THE IDAHO STATE TAX COMMISSION, AS REQUIRED BY LAW; AND PROVIDING FOR A SUMMARY OF THE ORDINANCE; AND PROVIDING FOR A WAIVER OF THE READING RULES; AND PROVIDING AN EFFECTIVE DATE. BE IT ORDAINED BY THE MAYOR AND THE CITY COUNCIL OF THE CITY OF MERIDIAN, COUNTY OF ADA, STATE OF IDAHO: SECTION 1. That the following described land as evidenced by attached Legal Description herein incorporated by reference as Exhibit "A" is within the corporate limits of the City of Meridian, Idaho, and that the City of Meridian has received a written request for annexation and re- zoning by the owner of said property, to-wit: Ten Mile Development, LIC SECTION 2. That the above-described real property is hereby annexed and re-zoned from RUT (Ada County) to R-IS (Medium High Density Residential) and L-O (Limited Office) in the Meridian City Code. SECTION 3. That the City has authority pursuant to the laws of the State ofIdaho, and the Ordinances of the City of Meridian to annex and zone said property. SECTION 4. That the City has complied with all the noticing requirements pursuant to the laws ofthe State ofIdaho, and the Ordinances of the City of Meridian to annex and re-zone said property . SECTION 5. That the City Engineer is hereby directed to alter all use and area maps as well as the official zoning maps, and all official maps depicting the boundaries and the zoning districts of the City of Meridian in accordance with this ordinance. ANNEXATION OF AZ~O5-016 SILVER OAKS SUBDIVISION - Page 1 of3 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 from 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 ofthis ordinance and a map prepared in a draftsman manner, including the lands herein rezoned, with the following officials of the County of Ada, State ofIdaho, to-wit: the Recorder, Auditor, Treasurer and Assessor and shall also file simultaneously a certified copy of this ordinance and map with the State Tax Commission of the State ofIdaho. SECTION 9. That pursuant to the affirmative vote of one-half (1/2) plus one (1) of the Members of the full Council, the rule requiring two (2) separate readings by title and one (1) reading in full be, and the same is hereby, dispensed with, and accordingly, this Ordinance shall be in full force and effect upon its passage, approval and publication. PASSED BY THE CITY COUNCIL OF THE CITY OF MERIDIAN, IDAHO, this day of , 2005. APPROVED BY THE MAYOR OF THE CITY OF MERIDIAN, IDAHO, this day of , 2005. MAYOR TAMMY de WEERD ATTEST: WILLIAM G. BERG, JR., CITY CLERK ANNEXA TION OF AZ-O5-016 SILVER OAKS SUBDIVISION - Page 2 of 3 STATE OF IDAHO, ) ) ss. County of Ada ) On this - day of , 2005, before me, the undersigned, a Notary Public in and for said State, personally appeared TAMMY de WEERD and WILLIAM G. BERG, JR., known to me to be the Mayor and City Clerk, respectively, ofthe 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: ANNEXATION OF AZ-O5-016 SILVER OAKS SUBDIVISION - Page 3 of3 NOTICE AND PUBLISHED SUMMARY OF ORDINANCE PURSUANT TO I.C. § 50-901(A) CITY OF MERIDIAN ORDINANCE NO. 05- PROVIDING FOR ANNEXATION AND ZONING ORDINANCE An Ordinance of the City of Meridian granting annexation and zoning for land located in the W Y2 of the SE Y4 and the E Y2 of the SW Y4 of Section 19, Township 3 North, Range 1 West, Boise Meridian, Ada County, Idaho, more particularly described in Attachment "A". This parcel contains 25.12 acres more or less. Also, this parcel is SUBJECT TO all easements and rights-of-way of record or implied. As surveyed in attached exhibit "B" and is not based on an actual field survey. A full text of this ordinance is available for inspection at City Hall, City of Meridian, 33 East Idaho, Meridian, Idaho. This ordinance shall become effective on the day of ,2005. City of Meridian Mayor and City Council By: William G. Berg, Jr., City Clerk First Reading: Adopted after first reading by suspension of the Rule as allowed pursuant to Idaho Code 50-902: YES NO Second Reading: Third Reading: STATEMENT OF MERIDIAN CITY ATTORNEY AS TO ADEQUACY OF SUMMARY OF ORDINANCE NO. 05- The undersigned, William L.M. Nary, City Attorney ofthe City of Meridian, Idaho, hereby certifies that he is the legal advisor of the City and has reviewed a copy of the attached Ordinance No. 05- of the City of Meridian, Idaho, and has found the same to be true and complete and provides adequate notice to the public pursuant to Idaho Code § 50-901A (3). DATED this day of ,2005. William. L.M. Nary City Attorney ORDINANCE SUMMARY - AZ-O5-016 SILVER OAKS SUBDIVISION - Page 1 EXHIBIT A Silver Oak Subdivision AZ-OS-O16 Legal Description "'---"'.""._'-- EXHIBIT ..\ Leg..1 DeseriplÌolI f,,1' Tell :'I"lile Dc\'eloprnenl, LLC Franklin Four-I)lc~ Residential Sitt A paree' ofJand bcing a portion oflhe \V1!2 of the SJ:J/4 and the 1.:1/2 of the 5W1/4 of Section 10, Township 3 North, Range I West, /Joise Meridian, Ada Cuunty. '¡I.tho. ,md lIlorc panicllJarly described as follows Commencing at a S/8 illch rebaI' J1Hlrkill,!; Ihc 51; COIllCI' of said Section 10, thence ¡¡loll!; Ihe South line of said Section I n, also being the centerline of f1rankhn R<'Iad, NS9"4û'29"W n distance of' 708.52 feCI 10 a II:! inch reha!, nnd from which a brJss car marking the SW Comer oflhe 5EI/4 Msnid Section JO bears N89"40'29"\V 11 dislancc of 9:1205 feet, thence Ie!lvj[tgsaid Soulh line NOO"O9'JI"E adislIlIleeof25.00 fecI to a point in thc centerline CIf the Kennedy' ,a!em!, thence mearldering along the centerline of s~id Kcnlledy Lnteml N42"O3'29"W 11 dist¡\I1Ce of 300.00 fCCIII'" point, thence N41 "15'2'r'\V 1& distance (If 190.55 fcet to a point being Ihe POWl OF BßGlNNfNG: Thellce conlinumg along said cenlcrliue N41°IS'29"W a distance of t (¡<)"¡5 fcellO a poinl: Thcnü, N39.0(j'21j"W a disl:lI1ce of 490.00 feel to a point; Thence Nn"4!,\'29"W a distance (1[409,25 (eel 10 It point on the Weslline of said SEJI4, Thence N31°4ft '21j"W It distance of 2110 75 feet to :, point; lllCncc N43"22'2'rW a distance 01'99,57 fcetlo It point; Thenc., leaving said eclllcrlinc of Ihe Kennedy Lateral NOO"13'0"'E II "islnnet' of 87,6 J fecI' formcrly NOO°(JI,) , 31"F a distance "f 88,01 feel) to ;1 518 inch rebar on the South right-or-WilY line of Ihe Union Pacific Railmlld; Thence almlg said Sonth righl.of-way line S8soS1':i3"E (fonncrly S88"5t'50"E) a distance of 1330,73 feel [0 a 5/8 II1CII rehar, '!lIenee Jea\'ing said South rigln'of.way line SOI"OS-1 O..W a distance of 1104.39 feel Ie, :1 !,<JiIlL Thence N89"O9' 17"W a dislan." of J96.27 feet 10 It point; Thence $48"4S'4;i"W a distance of I 18,9(, feel tn the POINT (IF BEGL'\INING: Said parcel eolllains 1,094,087 square feet or 25.12 acres, lIIore or less mId is subjecllo nil existing easements and rights-of-ways (If record or implied Silver Oak Subdivision Exhibit A EXHJ Hn .-\ Legnl Dðcriptinll for Tell Mile Dc}'cloprncllt, LLC'. Fl'nnJdili FolI '- )lcx Comme/"elnl Site A p¡lrcel of land heing a pmiion of the W 1/2 of the Sf li4 of Section 10, Tt'wnship 3 Nul'th, Ran!!e I \Vest, Boise Meridlnl1, Ada COUnty, Jd¡lho, and more particularJ.\' described as 1(lliows; Commencing ill a 5/S inch rebar marking the SE Corner ~)f said Section r 0, thence along the South line of said Section 1O, also hcing the eemerline of Franklin Road, NS<J"40'29"W :t distance of J 558.52 feet te,1 a 5/8 inch rabaT being the; POINT OF BEGINNING, and from which a brass cap marking the SW Comer of the SE 1/4 of said Section 10 bears N89D40',29"W a distance of 1081,05 feet; Thence "Hltinlling along said Soulh line N89D40',2Q"W a diStance of] 5000 feet to a 1/,2 inch rehllr; Thence Jeõll'ing s¡lid $(".lIh line NOO"O\1'J "E a distance of 25,00 feet to ¡¡ poim in the centerline of ¡he Kcnnedy Lateral; Thence meandering along [he centerline (If said Kennedy Lateral the followmg courses ami dist:lJ¡çes: Thence N42"OJ'29"W a (h~tance of 300.00 fect 10 a point; Tilt'nce N41"15 '29"W a distance of 190.55 feet 10 a point: Thence leaving the centerline of said Kennedy Lateral N48°48'4S"E a distance of IIS,!)() 10 a point, Thence S89°0()' 17"E I) distance (If 396.27 to a poim, Thence $OI"OS' O"W a distance (lf464,42 feet to the POINT OF BEGINNING, Said parcel contains approximately] 53,71 square feel or 353 acres, more Or less and is subJect to all (:1¡císting casements iI/I(I rights-of-ways of record or implied Silver Oak Subdivision Exhibit A EXHIBIT B FRANKLIN FOUR- FLEX SUBDIVISION A PORTION OF THE S 1/2 OF SECTION 10 TOWNSHIP 3 NORTH. RANGE 1 WEST, BOISE MERIDIAN , ADA COUNTY, IDAHO 2005 UNION PACIFIC RAILROAD - - - - - ~R~ R~-OF-W~~ PLS 4431 (S68'51 '50 "E) - - ~- ___.?~8~3"E 1330,73' " (NOO'09'31 "E) - - - - - - - - PLS 6ลกõi? "NOO'13'01'E -, ~ 87.61' (86.02') : ~ ~. N43'22'29"W 8/ ~\~. 99.57' g ';\\\\ RESIDENTIAL 'l: ~ ..t. ;1:1,094,087 S.F. vú': 25,12 AC. PLS 6901 \ \~. I 'ó~. I Scale: 1 "=300' ý}~... I~ Vs ~ ~" ~:~ ~~ ~to ..¡,Ç$' '\ ,~, ..- v...~ ,~ ~O~' 10 'OO~.... N48'4S'45"[ I~ \.:;'" -( 118.96' VJ ~ KENNEDY LATERAL~/\~Ä §~'09'1~~Î' ¥y ~~. 396.27' RE~W AEP~~ Q.--.. .. '-1'O;/.t.{.pq COMMERCIAL I ~. '<¡';"'~'~35;1ÁcS.f.~11 MAR 2 It 2005 ~~.; . . ':'0 0'-1' MERIDIAN PUBLIC 'ó,~';:" I SECTION CORNER WORKS DEPT. NOO'O9'31"E~~'.91' C,P,&F,No, 8725155 25.00' -""'-- ~'" '\ - - .~J~ -:: =-=- -:: - - uÑRfJ\OABLE - \ U:;:;~:~~ /' ~* 1/4 CORNER ""'" \...~ FRANKLIN ROAD L N 89'40'29': W ,.,/ C.P,&F,No. 8951331 """'" 150.00 "..,/ ". """""""""""""""""" .N89'40'29"W 2640.57~............,...'" DETAIL FILENAME: PINNACLE DRAWN BY: P: \A- CIVIL \ CO46333_sitLexhibit.dwg HWE Engineers) Inc. CREATION DATE: CHECKED BY: 12552 w. E~.cutiy. Or., Suit. 8, Bol... Id.~o 03-14-05 83713 RES (208) 887-7780