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HomeMy WebLinkAboutHeritage Commons AZ OrdinanceCITY OF MERIDIAN ORDINANCE NO. AN ORDINANCE FINDING THAT CERTAIN LAND TO BE KNOWN AS HERITAGE COMMONS LOCATED ON THE WEST SIDE OF LOCUST GROVE ROAD BETWEEN EAST MCMILLAN ROAD AND EAST USTICK ROADS oWNED BY EUGENE QUENZER AND WHICH 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, by the owner of said Property to-wit: A parcel of land located in the E ¥2 of Section 31, T. 4 N., R. 1E., B.M., Ada County, Idaho, more particularly described as follows: Commencing at the 1/4 section comer common to Sections 31 and 32 of said T. 4 N., R. 1 E., said point being on the centerline of North Locust Grove Road, also said point being the REAL POINT OF BEGINNING; ANNEXATION AND ZONING ORDINANCE (AZ-02-006) 1 Thence South 00°31 '35" West, 671.76 feet on the section line common to said Sections 31 and 32; Thence South 89o05'24'' West, 354.28 feet on the northerly boundary of Parcel B of Record of Survey Number 909, recorded as Instmment Number 8632832 of Ada County Records; Thence South 00°30'18" West, 650.71 feet (formerly described as South 0°05'29" East, 650.20 feet) on the westerly boundary of Parcels A and B of said Record of Survey Number 909, to a point on the southerly boundary line of the N ½ of the SE ¼ of said Section 31; Thence North 89°46'10" West, 2290.20 feet on the southerly boundary line of said N ½ of the SE ¼ of Section 31, to the southwest comer of said N ½ of the SE ¼; Thence North 00°45'41'' East, 1329.43 feet on the north-south mid-section line of said Section 31, to the center ¼ section comer of said Sections 31; Thence North 00°41 '44" East, 21.70 feet (formerly described as North, 20 feet, more or less) on the north-south mid-section line of said Section 31, to a point on the centerline of an irrigation ditch; Thence South 89° 15'54" East, 1320.85 feet (formerly described as Southeasterly, 1320 feet, more or less) on the now partially obliterated centerline of an irrigation ditch to a point on the westerly boundary line of the SE ¼ of the NE ¼ of said Section 31, said point being on the centerline of an existing irrigation ditch; Thence South 08o35'27'' West, 10.00 feet (formerly described as South 10 feet, more or less) on the westerly boundary line of said SE ¼ of the NE ¼, to the southwest comer of said SE ¼ of the NE ¼; Thence South 89°46'21'' East, 1317.76 feet (formerly described as North 89037'08'' East, 1320.14 feet) on the east-west mid-section line of said Section 31, to the real point of beginning. Containing 75.78 acres more or less. 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). ANNEXATION AND ZONING ORDINANCE (AZ-02-006) - 2 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 day of , , 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 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 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 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. ANNEXATION AND ZONING ORDINANCE (AZ-02-006) 3 PASSED BY THE COUNCIL OF THE CITY OF MERIDIAN, IDAHO, this ,2002. APPROVED BY THE MAYOR OF THE CITY OF MERIDIAN, IDAHO, this ,2002. day of day of MAYOR ATTEST: 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: STATE OF IDAHO,) County of Ada. ) SS. On this day of ,2002, 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~Vl~Meridian~deridian 15360M\Heritage Commons AZ02-006 PP02-007 CUP02-007~ZOrd.doc ANNEXATION AND ZONING ORDINANCE (AZ-02-006) - 4 CERTIFICATION OF THE CITY CLERK OF THE CITY OF MERIDIAN To: The Recorder, Auditor, Treasurer and Assessor of Ada County, and The State Tax Commission of the State of Idaho I, WILLIAM G. BERG, JR., City Clerk, of the City of Meridian, Ada County, State of Idaho, do hereby certify that the attached copy of Ordinance No. 02-__, passed by the City Council of the City of Meridian, on the day of , 2002, is a true and correct copy of the original of said document which is in the care, custody and control of the City Clerk of the City of Meridian. WILLIAM G. BERG, JR. STATE OF IDAHO, ) County of Ada, ) SS. On this day of , in the year , before me, , a Notary Public, appeared WILLIAM G. BERG, JR., known or identified to me to be the City Clerk of the City of Meridian, Idaho that executed the said instrument, and acknowledged to me that he executed the same on behalf of the City of Meridian. (SEAL) Notary Public for Idaho Commission Expires: Z:\WorkhMhMeridian~eridian 15360M'xt-Ieritage Commons AZ02-006 PP02-007 CUP02-007~CertificationOfClerkOrd.doc CERTIFICATION OF THE CITY CLERK OF THE CITY OF MERIDIAN AZ-01-014 N P~VA*I~ LN u~ Z S00'30'18"W 650.71' N00'45'41"£ 1329.43' S00'31 '35"W -. 671.76' L1 L2 KEVIN E. DINIUS JULIE KLEIN FISCHER WM. F. GIGRAY, II1 T. GUY HALLAM* D. S,~U~L JOHNSON LARRY D. MOOR~ WILLIAM A. MOP, ROW WILLIAM F. NICHOLS* CHRISTOPHER S. NYE *Also admitted in OR ** Also admitted in WA WHITE PETERSON WHITE, PETERSON, MORROW, GIORAY, ROSSMAN, NYE & ROSSMAN, P.A. PHILIP A. PETERSON ERICA S. PHILLIPS ERIC S. ROSSMAN TODD A. ROSSMAN DAV/D M. SWARTLEY PAM£~,A 1. TA~OW TERRENCI~ 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 F^X (208) 288-2501 NAMPA OFFICE 5700 E. FRANKLIN RD., SUITE 200 NAMPA, IDAHO 83653- 8402 TEL. (208) 466-9272 FAX (208) 466-4405 PLEASE REPLY TO MERIDIAN OFFICE June 5, 2002 William G. Berg, Jr. City of Meridian 33 E. Idaho Meridian, Idaho 83642 Re: Ordinance No. 02- , (Eugene Quenzer) Summary of Publication DearWill: Pursuant to the direction of the Meridian City Council, this office has prepared a summarization of the ordinance providing for an annexation and zoning ordinance for Eugene Quenzer, pursuant to the City's action. I do hereby advise the City, and make this statement, that said summary is tree and complete and provides adequate notice to the public of the provisions of said ordinance. You are hereby directed to file this statement with the ordinance, pursuant to the provisions of Idaho Code § 50-901(A). Very truly yours, Enclosure Wm. F. Nichols Z:\WorkLM~vleridian~vleridian 15360M\Heritage Commons AZ02-006 PP02-007 CUP02-007~BergSumOrd060502Ltr.doc NOTICE AND PUBLISHED SUMMARY OR ORDINANCE PURSUANT TO I.C. § 50-901(A) CITY OF MERIDIAN ORDINANCE NO. 02- PROVIDING FOR AN ANNEXATION AND ZONING ORDINANCE An Ordinance of the City of Meridian granting annexation and zoning for land owned by Eugene Quenzer, to be known as Heritage Commons Subdivision consisting of 76.16 acres with a zoning designation of R-8 Medium Density Residential; and to provide providing for effect of invalidity; providing that all ordinances and resolutions in conflict are repealed and rescinded; and providing an effective date. Legal Description A parcel of land located in the E ½ of Section 31, T. 4 N., R. 1E., B.M., Ada County, Idaho, more particularly described as follows: Commencing at the ¼ section comer common to Sections 31 and 32 of said T. 4 N., R. 1 E., said point being on the centerline of North Locust Grove Road, also said point being the REAL POINT OF BEGINNING; Thence South 00031'35'' West, 671.76 feet on the section line common to said Sections 31 and 32; Thence South 89o05'24'' West, 354.28 feet on the northerly boundary of Parcel B of Record of Survey Number 909, recorded as Insla'ument Number 8632832 of Ada County Records; Thence South 00°30'18'' West, 650.71 feet (formerly described as South 0o05'29'' East, 650.20 feet) on the westerly boundary of Parcels A and B of said Record of Survey Number 909, to a point on the southerly boundary line of the N ~ of the SE ¼ of said Section 31; Thence North 89046' 10" West, 2290.20 feet on the southerly boundary line of said N ½ of the SE ¼ of Section 31, to the southwest comer of said N ½ of the SE ¼; Thence North 00°45'41'' East, 1329.43 feet on the north-south mid-section line of said Section 31, to the center ¼ section comer of said Sections 31; Thence North 00°41 '44" East, 21.70 feet (formerly described as North, 20 feet, more or less) on the north-south mid-section line of said Section 31, to a point on the centerline of an irrigation ditch; Thence South 89o15'54'' East, 1320.85 feet (formerly described as Southeasterly, 1320 feet, more or less) on the now partially obliterated centerline of an irrigation ditch to a point on the westerly boundary line of the SE ¼ of the NE ¼ of said Section 31, said point being on the centerline of an existing irrigation ditch; Thence South 08o35'27'' West, 10.00 feet (formerly described as South 10 feet, more or less) on the westerly boundary line of said SE ¼ of the NE ¼, to the southwest comer of said SE ¼ of the NE IA; Thence South 89°46'21" East, 1317.76 feet (formerly described as North 89°37'08" East, 1320.14 feet) on the east-west mid-section line of said Section 31, to the real point of beginning. Comaining 75.78 acres more or less. 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 ,2002. City of Meridian Mayor and City Council By: William G. Berg, Jr., City Clerk First Reading: Adopted after £trst reading by suspension of the Rule as allowed pursuant, to Idaho Code 50-902: YES NO Second Reading: Third Reading: Z:\WorkLMhMeridianhMeridian 15360MXHeritage Commons AZ02-006 PP02-007 CUP02-007\SUMANNEXZONGORD.doc