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HomeMy WebLinkAboutMarlin Sub AZ 02-007WHITE PETERSON KEVIN E. DINIUS JULIE KLEIN FISCHER WM. F. GIGRAY, III T. GUY HALLAM* D. SAMUEL JOHNSON LARRY D. MOOR~ WILLIAM A. MORROW WILLIAM F.NICHOLS* CHRISTOPHER S. NYE *Also admitted in OR ** Also admitted in WA WHITE, PETERSON, MORROW, GIGRAY, ROSSMAN, NYE & ROSSMAN, P.A. PHILIP A. PETERSON ERICA S. PHILLIPS EPdC 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 William G. Berg, Jr., City Clerk MERIDIAN CITY HALL 33 East Idaho Meridian, Idaho 83642 June 12, 2002 JUN t2 2002 CITY OF MERIDIAN CITY CLERK Re: WINSTON MOORE / REVISED ANNEXATION AND ZONING FINDINGS / REVISED AZ ORDINANCE / REVISED SUMMARY ORDINANCE / AZ-02-007 Dear Will: Pursuant to instructions for revisions for the annexation and zoning for Marlin Subdivision, from the Planning and Zoning Department, please find enclosed the revised originals of the FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING, revised AZ Ordinance, and a revised Summary Ordinance. Please replace these three documents with the ones that were previously delivered to your office. All the other documents pertaining to this matter are fine. These are on the agenda for June 18, 2002. If you have any questions arise, please advise. Z:\Work\M\Meridian'0deridian 15360M\Marlin Sub AZ-02-007 PP-02-008 CUP-02-010LRevised FFCL AZ Ord and Sum Ord Clk 061202Ltr. doc CITY OF MERIDIAN ORDINANCE NO. AN ORDINANCE FINDING THAT CERTAIN LAND TO BE KNOWN AS MARLIN SUBDIVISION LOCATED NORTH OF 1-84 AND EAST OF S. LINDER ROAD 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 OWNERS, KIMBALL PROPERTIES LIMITED PARTNERSHIP AND WINSTON MOORE, 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 LOW-DENSITY RESIDENTIAL DISTRICT (R-4); 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 contiguous 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: The NWl/4 of the SW1/4 and a portion of the SW1/4 of the SW1/4 of Section 13, T.3N., R. 1W., B.M., Ada County, Idaho, more particularly described as follows: Commencing at the comer common to Sections 23, 24, 14, and the said Section 13; thence along the West boundary of said Section 13 North 00000'26'' West, 1117.63 feet to a point on the South right-of-way of Interstate 84 and the REAL POINT OF BEGINNING. ANNEXATION AND ZONING ORDINANCE (AZ-02-007) - 1 thence continuing North 00000'26'' West, 1533.70 feet to the 1/4 comer common to said Sections 13 and 14; thence along the East-West mid-section line, common to the South boundary of The Landing Subdivision No. 7, as same is recorded in Book 69 of Plats at Page 7085, records of Ada County, Idaho, North 89059'42" East, 1326.84 feet to the C-W 1/16 comer, said point being the northwest comer of The Landing Subdivision No. 9, as same is recorded in Book 74 of Plats at page 7658, records of Ada County, Idaho; thence along the West boundary of said subdivision and the West boundary of The Landing Subdivision No.'s 10 and 11, as same are recorded in Book 78 of Plats at Page 8288, and Book 79 of Plats at Page 8526, respectively, records of Ada County, Idaho. South 0°01'40" East, 1536.17 feet to a point on the South right-of-way of said Interstate 84; thence along said right-of-way North 89053'54'' West, 1327.39 feet to the Point of Beginning. Containing 46.76 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 Low-Density Residential District (R-4). 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: All ordinances, resolutions, orders or parts thereof in conflict herewith are hereby repealed, rescinded and annulled. SECTION 6: This ordinance shall be in full force and effect from and after its passage, approval and publicatiOn, according to law. ANNEXATION AND ZONING ORDINANCE (AZ-02-007) - 2 SECTION 7: 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-like 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. 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 ATTEST: MAYOR 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: ANNEXATION AND ZONING ORDINANCE (AZ-02-007) - 3 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:\WorkLM~Meridian\Meridian 15360MLMarlin Sub AZ-02-007 PP-02-008 CUP-02-010LAZOrd.doc ANNEXATION AND ZONING ORDINANCE (AZ-02-007) - 4 E Z.~ 0 o 0 --Icl V U~J-O oO --Z NOO'(~O'26"W 1533.70' OU U3ONn S NOTICE AND PUBLISHED SUMMARY OR ORDINANCE PURSUANT TO I.C.§ 50-901(A) CITY OF MER/DIAN 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 Kimball Properties Limited Partnership and Winston Moore, located North of 1-84 and East of S. Linder Road, Meridian, Idaho, to be known as Marlin Subdivision consisting of 46.76 acres with a zoning designation of R-4 Low-Density Residential District; 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 The NWl/4 of the SW1/4 and a portion of the SW1/4 of the SW1/4 of Section 13, T.3N., R. lW., B.M., Ada County, Idaho, more particularly described as follows: Commencing at the comer common to Sections 23, 24, 14, and the said Section 13; thence along the West boundary of said Section 13 North 00o00'26'' West, 1117.63 feet to a point on the South right-of-way of Interstate 84 and the REAL POINT OF BEGINNING. thence continuing North 00o00'26'' West, 1533.70 feet to the ¼ comer common to said Sections 13 and 14; thence along the East-West mid-section line, common to the South boundary of The Landing Subdivision No. 7, as same is recorded in Book 69 of Plats at Page 7085, records of Ada County, Idaho, North 89o59'42" East, 1326.84 feet to the C-W 1/16 comer, said point being the northwest comer of The Landing Subdivision No. 9, as same is recorded in Book 74 of Plats at page 7658, records of Ada County, Idaho; thence along the West boundary of said subdivision and the West boundary of The Landing Subdivision No.'s 10 and 11, as same are recorded in Book 78 of Plats at Page 8288, and Book 79 of Plats at Page 8526, respectively, records of Ada County, Idaho. South 0°01 '40" East, 1536.17 feet to a point on the South right-of-way of said Interstate 84; thence along said right-of-way North 89053'54'' West, 1327.39 feet to the Point of Beginning. Containing 46.76 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 first reading by suspension of the Rule as allowed pursuant to Idaho Code 50-902: YES NO Second Reading: Third Reading: Z:\Work\M~Meridian\Meridian 15360MhMarlin Sub AZ-02~007 PP-02-008 CUP-02-010\SUMANNEXZONGORD.doc