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HomeMy WebLinkAboutCooper Canyon AZ 02-002crrY OF MERIDIAN ORDINANCE NO. AN ORDINANCE FINDING THAT CERTAIN LAND OWNED BY LAWRENCE TUCKNESS TRUST OF MERIDIAN TO BE KNOWN AS COOPER CANYON SUBDMSION LOCATED EAST OF NORTH LOCUST GROVE ROAD AND SOUTH OF EAST WILSON LANE 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 HIGH DENSITY RESIDE~ DISTRICF (R-4o); 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 DIRECiTNG THE CITY ENGINEER TO ADD SAID PROPERTY TO THE OFFICIAL MAPS OF THE CITY OF MERIDIAN, IDAHO; AND DIRECHNG THE CLERK OF THE CiTY OF MERIDIAN TO FILE A CERTIFIED COPY OF THE ORDINANCE AND MAP OF THE ARF_AS TO BE ANNEXED WITH ADA COUNTY RECORDER, AUDITOR, TR.F. ASURER AND ASSESSOR, AND THE STATE TAX COMMISSION OF THE STATE OF IDAHO, PURSUANT TO IDAHO CODE SECTION 5o-223 AND SECTION 63-22~5. BE IT ORDAINED BY THE MAYOR AND THE COUNCIL OF THE CITY OF MERIDIAN, COUNTY OF ADA, STATE OF IDAHO: SECTION 1. FINDINC~: That the following described land is contiguous and adjacent to the City of Meridian, Idoho, 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 situated in the NW V4 of Section 8, T.3N., R.1E., B.M., City of Meridian, Ada County, Idaho, being a portion of Lot 7 of Pleasant Valley Subdivision, ANNEXATION AND ZONING ORDINANCE (AZ-02-002) - 1 according to the official plat thereof recorded in Book 12 of Plats at Page 665, Ada County Records being more particularly described as follows: COMMENCING at the northwest comer of said Section 8, from which comer the south 1/,~ comer of said section bears Soo°oo'23'' W., 2649.56 feet; thence, along the westerly line of said section. B) Soo°oo'23'' W., 455.00 feet to the intersection with the centerline of Wilson Lane as shown on Record of Survey No. 3963; thence, along said centerline. N89°34'4o" E., lo38.12 to the intersection with the westerly line of .said Lot 7 and the POINT OF BEGINNING; thence, continuing along said centerline. N89°34'4o~ E., 246.81 feet to a point that bears Noo°o4'o3~ W., 29.oo feet from the northwest comer of Block 1 of Elliott Park Subdivision according to the official plat thereof recorded in Book 82 of Plats at Pages 89~4 and 89X5, Ada County Records; thence along the westerly line of said block and the northerly prolongation thereof. 2) Soo°o4'o3" E., 11o6.95 feet to a found 1" iron pipe on the northerly bank of an existing drain ditch as shown on said plat; thence, along said northerly bank. 3) N65°50'18" W., 272.O5 feet to a point on the westerly line of said Lot 7; thence, along said westerly line. 4) Noo°oo'23'' E., 993.77 feet to the POINT OF BEGINNING. Containing 5.97 acres, more or less. SUBJECT TO all Covenants, Rights, Rights-of-Way, and Easements of Record, with Exhibit "B' attached hereto. SECTION 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. ANNEXATION AND ZONING ORDINANCE (AZ-02-002) - 2 SECTION 3: That the real property herein by this ordinance annexed to the City of Meridian hereinabove described shall be zoned High Density Residential District (R-4o). SECTION 4: That the City Engineer is hereby directed to alter ail 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 I~: 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 (~o) 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 ANNEXATION AND ZONING ORDINANCE (AZ-02-002) - 3 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 THE CITY OF MERIDIAN, IDAHO, thi. day of ,2ooz. APPROVED BY THE MAYOR OF THE CITY OF MERH)~, IDAHO, this day of , zoo2. ATTEST: MAYOR CITY CLERK First Reading: Adopted after first reading by suspension of the Rule as allowed pursuant to Idaho Code 5o-9o2 Yes: No: Second Readin§: Third Reading: STATE OF IDAHO,) County of Ada.) SS. On this day of ,2oo2, 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 insmunent, 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. (SF~L) NOTARY PUBLIC FOR IDAHO RESIDING AT: MY COMMISSION EXPIRES: ANNEXATION AND ZONING ORDINANCE (AZ-02-002) - 4 Z:\Work\M\Merklian\Meridian 1536oM\CooperCanyon SubAZO~-OO~ )@_))! cup)@_})@¥AZOr4.doc ANNEXATION AND ZONING ORDINANCE (AZ-02-002) - 5 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. __, 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., lmown 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:\Work~lX2deridian~vteridian 15360M~Cooper Canyon SubAZ02-002 )@_))! cup)@_))@\CertificationOfClerkOrd.doc CERTIFICATION OF THE CITY CLERK OF THE CITY OF MERIDIAN AZ-02-002 KEVIN E. D[NIUS JULIE KLEIN FISCHER WM. F. GIGRAY, III T. GuY [-[ALLAM* D. SAMUEL JOHNSON LARRY D. MOORE WILLIAM A. MORROW WILLIAM F. NICHOLS* CHRISTOPHER S. NYE *Also admitted in OR ** Also admitted in WA WHITE PETERSON WHITE, PETERSON, MORROW, GIGRAY, ROSSMAN, NYE & ROSSMAN, P.A. PHILIP A. PETERSON ERICA S. PHILLIPS ERIC S. ROSSMAN TODD A. ROSSMAN DAVID M. SWARTLEY PAMELA J. TARLOW TERRENCE 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., SUITE 200 NAMPA, IDAHO 83653- 8402 TEL. (208) 466-9272 FAX (208) 466-4405 PLEASE REPLY TO MERIDIAN OFFICE April 10, 2002 William G. Berg, Jr. City of Meridian 33 E. Idaho Meridian, Idaho 83642 Re: Dear Will: Ordinance No. 02- , (The Lawrence Tuckness Trust of Meridian) Summary of Publication 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 The Lawrence Tuckness Trust of Meridian, pursuant to the City's action. I do hereby advise the City, and make this statement, that said summary is true 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). Enclosure Z:\Worl0NlqMeridian~eridian 15360M~Cooper Canyon Sub AZ02-002 )@_))! cup)@_))@q3ergSumOrd041002Ltr.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 The Lawrence Tuclmess Trust, to be lmown as Cooper Canyon Subdivision consisting of 5.81 acres with a zoning designation of R-40 High 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 situated in the NW I/4 of Section 8, T.3N., R. 1E., B.M., City of Meridian, Ada County, Idaho, being a portion of Lot 7 of Pleasant Valley Subdivision, according to the official plat thereof recorded in Book 12 of Plats at Page 665, Ada County Records being more particularly described as follows: COMMENCING at the northwest corner of said Section 8, from which corner the south 1/4 corner of said section bears S00°00'23'' W., 2649.56 feet; thence, along the westerly line of said section. A) S00°00'23'' W., 455.00 feet to the intersection with the centerline of Wilson Lane as shown on Record of Survey No. 3963; thence, along said centefline. B) N89°34'40'' E., 1038.12 to the intersection with the westerly line of said Lot 7 and the POINT OF BEGINNING; thence, continuing along said centerline. 1) N89°34'40'' E., 246.81 feet to a point that 2¸) 3) bears N00°04'03'' W., 29.00 feet from the northwest corner of Block 1 of Elliott Park Subdivision according to the official plat thereof recorded in Book 82 of Plats at Pages 8914 and 8915, Ada County Records; thence along the westerly line of said block and the northerly prolongation thereof. S00°04'03'' E., 1106.95 feet to a found 1" iron pipe on the northerly bank of an existing drain ditch as shown on said plat; thence, along said northerly bank. N65°50'18'' W., 272.05 feet to a point on the westerly line of said Lot 7; thence, along said westerly line. 4) N00°00'23'' E., 993.77 feet to the POINT OF BEGINNING. Containing 5.97 acres, more or less. SUBJECT TO all Covenants, Rights, Rights-of-Way, and Easements of Record, with Exhibit "B" attached hereto. 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 first reading by suspension of the Rule as allowed pursuant to Idaho Code 50-902: YES NO Second Reading: Third Reading: Z:\Work2vl~VIeridianLMeridian 15360/v~Cooper Canyon Sub AZ02-002 )@_))! cup)@_))@\SUMANNEXZONGORD.doc FAIRVIEW AVENUE o ROS 3963 % "-,~ N8g'3,C'40"E EXHIBIT "B" A PARCEL OF' LAND SITUATED IN THE NWl/4- OF' SECTION 8, T3N, R1E, B.M., CITY OF MERIDIAN, ADA COUNTY. IDAHO. BEING A PORTION OF' LOT 7 OF PLEASANT VALLEY SUBDIVISION RECORDED IN BK 12, PAGE 665, ADA COUNTY RECORDS. 2001 "' ~ NBg'34'40"E 1038.12' --'Q 24-5.85 7 ,-~-8 0 100 200 400 600 I ~V65~ ./ TOOT~-0RTON ENGINEERING CO. ENGINEERS SURVEYORS PLANNERS 9777 CHINDEN 80ULEVAR0 · BOISE, IDAHO 8,3714-2008 PHONE: 208-323-2288 - FAX: 208-.323-2399 1:\01~67\EXH-i~OU~ARY.OW6 OAf£: 10/15/01 JOB: 01067