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HomeMy WebLinkAboutAmberstone Sub AZ 02-003KEVIN E. DINIUS JULIE KLEIN FISCHER WM. F. GIGRAY, III T. Gm' HaLt,AM* D. SAMUEL JOHNSON LARRY D. MOORE WILLIAbl A. MORROW WILLIAM F. NICHOLS* CHRISTOPHER S. NYE *Also admitted in OR ** Also admitted in WA RF, CEWED JUN 2 ~t 2~.02 CITY OF MERIDIAN CITV Cl ~ox' WHITE PETERSON WHITE, PETERSON, MORROW, GIGRAY, ROSSMAN, NYE & ROSSMAN, P.A. PHILIP A. PETERMON ERICA S. PHILLIPS ERIc S. ROSSM~W TODD A. ROSSMAN DAVID M. SWARTLEY PAMELA J. TaRLOW TERRENCE R. WHITE** NICHOLAS L. W'OLLEN ATrORNEYS AT LAW 830 N. MAIN STREET, SUITE 200 POST OFFICE BOX 115o MERIDIAN, IDt.qO 8368o-n5o TEL (208) 288-2499 FAX (208) 288-2501 NAMPA OFFICE 5700 E. FRANKLIN RD., Surm 200 NAMPA, IDAHO 83653-8402 TEL. (208) 466-9272 FAX (208) 466-4405 PLEASE REPLY TO MERIDIAN OFFICE June 20,2002 William G. Berg, Jr., City Clerk MERIDIAN CITY HALL 33 East Idaho Meridian, Idaho 83642 Re: JAMES JEWETT / ANNEXATION AND ZONING FINDINGS / AZ ORDINANCE & CERTIFICATION OF CLERK / SUMMARY ORDINANCE AND SUMMARY ORDINANCE COVER LETTER / AZ-02-003 Dear Will: Please find enclosed the original of the FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING prepared as per instructions from the Council meeting of June 18, 2002, and which are on the agenda for July 2, 2002. Also, please find enclosed the above AZ Ordinance and the Certification of the Clerk for the annexation and zoning for City of Meridian. After the Findings of Fact and Conclusions have been adopted, then please place this ordinance on the City Council agenda. This ordinance should not be oassed until the Findings of Fact and Conclusions of Law and Decision and Order Granting Aoplication for Rezone are adooted. Additionally, I have enclosed a Summary Ordinance and the cover letter, which Summary Ordinance will need to be presented to the Council at the same time the full annexation and zoning ordinance is presented to Council for approval. If you have any questions arise, please advise. Z:\Work\M\Meridian\Meridian 15360MXAmbcrston¢ Sub AZ02-003 PP02-002\FFCL and OrdinanceClk.doc CITY OF MERIDIAN ORDINANCE NO. 02- AN ORDINANCE FINDING THAT CERTAIN LAND TO BE KNOWN AS AMBERSTONE SUBDIVISION LOCATED SOUTH OF W. CHERRY LANE AND SOUTH OF N. SUMMERTREE WAY 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 JAMES JEWETT 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 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: A parcel of land situate in the northeast quarter of the northwest quarter of Section 10, Township 3 North, Range 1 West, Boise Meridian, Ada County, Idaho, being more particularly described as follows: Commencing at the northwest comer of said Section 10; thence S 89°44'11" E, 1,985.89 feet along the northerly boundary of said Section 10 to the Real Point of Beginning: ANNEXATION AND ZONING ORDINANCE (AZ-02-003) - ! Thence continuing S 89044' 11" E, 209.87 feet along the northerly boundary said Section 10; Thence S 00°25'12'' W, 384.71 feet; Thence S 88052'03" E, 130.98 feet to the boundary of Rod's Parkside Creek Subdivision as filed in the office of the Ada County, Idaho; Thence S 00032'28" E, 278.72 feet along the boundary of' said Rod's Parkside Creek Subdivision; Thence continuing S 89035'22" W, 343.06 feet along the boundary of said Rod's Parkside Creek Subdivision; Thence leaving said boundary of Rod's Parkside Creek Subdivision N 00°12'24" E, 669.43 to the Real Point of Beginning. Comprising 4.059 acres, more or less. Subject to easements and right-of-ways of record or apparent. 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: 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. 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 manner plainly and clearly designating the boundaries of the City of ANNEXATION AND ZONING ORDINANCE (AZ-02-003) - 2 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: 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\M\MeridianWIeridian 15360M\Queenland Acres AZ01-022L~ZOrd.doc ANNEXATION AND ZONING ORDINANCE (AZ-02-003) - 3 Z 0~ .["17'699 LOON S00',.92'28"E ~o 278.72' 0 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, ) · SS. County of Ada, ) 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:\WorkLMLMeridianLMeridian 15360M~mberstone Sub AZ02-003 PP02-002\CertificationOfClerkOrd.doc CERTIFICATION OF THE CITY CLERK OF THE CITY OF MERIDIAN AZ-02-003 WHITE PETERSON WHITE, PETERSON, MORROW, GIGRAY, ROSSMAN, NYE & ROSSMAN, P.A. KEVm E. DINIUS PHILIP A. PETERSON JULIE KLEIN FISCHER ERICA S. PHILLIPS WM. F. GIGRAY, Ill ERIC S. ROSSMAN T. GUY HALLAM* TODD A. ROSSMAN D. SAMUEL JOHNSON DAVID M. SWARTLEY LARRY D. MOORE PAMELA J. T,~,LOW WILLIAM A. MORROW TERKENCE R. WHITE** WILLIAM F. NICHOLS* NICHOLAS L. WOLLEN CHRISTOPHER S. NYE *Also admitted in OR ** Also admitted in WA ATTORNEYS AT LAW 830 N. MAIN STREET, SUITE 900 POST OFFICE BOX 1150 MERIDIAN, IDAHO 83680-1150 TEL (208) 288-2499 FAX (208) 288-2501 NAMpA OFFICE 5700 E. FP,~ NK~n~ RD., SUITE 200 NAMPA, IDAHO 83653-8402 TEL. (208) 466-9272 FAX (208) 466-4405 PLEASE REPLY TO MERIDIAN OFFICE June 20, 2002 William G. Berg, Jr. City of Meridian 33 E. Idaho Meridian, Idaho 83642 Re: Ordinance No. 02- , (JAMES JEWETT) Summary of Publication Dear Will: 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 James Jewett, 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:\Work~/~,feridiankMeridian 15360M~mberstone Sub AZ02-003 PP02-002kBergSumOrd062002Ltr.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 James Jewett, to be known as Amberstone Subdivision consisting of 3.84 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 situate in the northeast quarter of the northwest quarter of Section lO, Township 3 North, Range 1 West, Boise Meridian, Ada County, Idaho, being more particularly described as follows: Commencing at the northwest corner of said Section lo; thence S 89°44'11" E, 1,985.89 feet along the northerly boundary of said Section lo to the Real Point of Beginning: Thence continuing S 89°44'11" E, 209.87 feet along the northerly boundary said Section lO; Thence S oo°25'm' W, 384.71 feet; Thence S 88°52'o3'' E, 13o.98 feet to the boundary of Rod's Parkside Creek Subdivision as filed in the office of the Ada County, Idaho; Thence S oo°32':~8' E, ~78.7e feet along the boundary of said Rod's Parkside Creek Subdivision; Thence continuing S 89°35':~2'' W, 343.06 feet along the boundary of said Rod's Parkside Creek Subdivision; Thence leaving said boundary of Rod's Parkside Creek Subdivision N oo°m'e4' E, 669.43 to the Real Point of Beginning. Comprising 4.059 acres, more or less. Subject to easements and right-of-ways of record or apparent. 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:\WorkLMWleridian~vleridian 15360MLa~mberstone Sub AZ02-003 PP02-002\SUMANNEXZONGORD.doc