HomeMy WebLinkAboutTuscany Lakes AZ 02-005WHITE PETERSON
KEVIN E. DINIUS
JULIE KLEIN FISCHER
WM. F. GIGRAY, Ill
T. GUY HALLAM*
D. SAMUEL JOHNSON
I.~RY D. MOORE
WILL[AM A. MORROW
WILLIAM F. NICHOLS*
CHRISTOPHER S. NYE
*Also admitted in OR
** Also admitted in
WA
PHILIP A. PETERSON
ERIC~& S. PHILLIPS
EPic S. ROSSMAN
TODD A. ROSSMAN
DAVID M. SWARTLEY
PAMELA J. TARLOW
TERRENCE R. WHITE**
NICHOLAS g WOLLEN
WHITE, PETERSON, MORROW, GIGRAY, ROSSMAN, NYE & ROSSMAN, P.A.
A~rom~s ^T L~W NAMPA OFFICE
5700 E. FRANKLIN RD.,
SUITE 200
NAMPA, IDAHO 83653-8402
TEL. (208) 466-9272
FAX (208) 466-,L405
830 N. MAIN STREET, SUITE 200
POST OFFICE BOX 1150
MERIDIAN, IDAHO 83680-1150
TEL (208)288-2499
FAX (208)288-2501
June 25, 2002
William G. Berg, Jr., City Clerk
MERIDIAN CITY HALL
33 East Idaho
Meridian, Idaho 83642
PLEASE REPLY TO
MERIDIAN OFFICE
RECEIVED
JUN 2 $ 2002
CITY OF MERIDIAN
CITY CI
Re:
GEM PARK II PARTNERSHIP / FARWEST LLC / ANNEXATION AND
ZONING FINDINGS / AZ ORDINANCE & CERTIFICATION OF CLERK /
SUMMARY ORDINANCE AND SUMMARY ORDINANCE COVER LETTER
AZ-02-005
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 passed until the
Findings of Fact and Conclusions of Law and Decision and Order Grantine Ap¢ieation for Rezone are
adopted. 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.
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CITY OF MERIDIAN
ORDINANCE NO.
AN ORDINANCE FINDING THAT CERTAIN LAND TO BE KNOWN AS TUSCANY LAKES
SUBDIVISION LOCATED WEST OF S. EAGLE ROAD AND SOUTH OF E. VICTORY 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 OWNER MARTY
GOLDSMITH, WALTER SIMONT AND RAYMOND SMITH, JEAN AND RICHARDSON
BURNETT FAMILY TRUST, WHICH PERSONS MAKE UP FARWEST, LLC AND 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:
A parcel of land located in the north lA of Section 29, Township 3 North, Range lEast
of the Boise Meridian, Ada County, Idaho, being more particularly described as
follows:
Commencing at the northwest corner of Section 29, T3N., R1E., B.M., thence S.
0° 14'24" W 1322.87 feet along the west line of said Section 29 to the northwest
ANNEXATION AND ZONING ORDINANCE (AZ-02-005) - 1
comer of the south ½ of the NW IA, the REAL POINT OF BEGINNING of this
description;
Thence S 89036, 13" E 520.48 feet along the north line of said south ½ to a point;
Thence N 51058'04" E 87.93 feet to a point;
Thence N 46000'49" W 150.80 feet to a point;
Thence N 18°01'28" E 385.82 feet to a point;
Thence S 72°47'45" E 841.76 feet to a point on the centerline of the Eight-Mile
Lateral;
Along said centerline the following:
Thence S 4045'54'' E 111.17 feet to a point of curvature;
Thence 123.47 feet along a curve to the left, said curve having a radius of 250.00 feet,
a central angle of 28°17'48'', a tangent of 63.02 feet and a chord of 122.22 feet which
bears S 18°54'48'' E to a point oftangency;
Thence S 33°03'42'' E 16.09 feet to a point of curvature;
Thence 49.89 feet along a curve to the right, said curve having a radius of 350.00
feet, a central angle of 08°10'01'', a tangent of 24.99 feet and a chord of 49.85 feet
which bears S 28058'42" E to a point on the north line of the south ½ of the NW IA of
said Section 29;
Leaving said centerline:
Thence S 89o36, 13" E 1193.74 feet to the northeast comer of said South ½ of the
NWl/4;
Thence S 0°15'20" W 1042.84 feet along the east line of said south ½ of the NW ~A to
a point on the centefline of the Ridenbaugh Canal;
Along the centerline of the Ridenbaugh Canal the following:
Thence N 46°01'42" E 147.75 to a point of curvature;
Thence 161.84 feet along a curve to the left, said curve having a radius of 750.00 feet,
a central angle of 12°21 '48", a tangent of 81.23 feet and a chord of 161.52 feet which
bears N 39°50'48'' E to a point of tangency;
Thence N 33039'54" E 488.53 feet to a point of curvature;
Thence 134.02 feet along a curve to the left, said curve having a radius of 750.00 feet,
a central angle of 10°14'18'', a tangent of 67.19 feet and a chOrd of 133.84 feet which
bears N 28032'45" E to a point of tangency;
Thence N 23025'36" E 313.49 feet to point on the north line of the south ½ of the NE
IA;
Leaving said centerline:
Thence S 89°37'11" E 4.91 feet to the southwest comer of the east ½ of the NW IA of
the NE ¼;
Thence N 0° 18'31" E 11.51 feet along the west line of the east ½ of the NW IA of the
NE ¼ to a point on the centerline of the Ridenbaugh Canal;
Along said centerline the following:
Thence N 23 o25,36" E 950.12 feet to a point of curvature;
ANNEXATION AND ZONING ORDINANCE (AZ-02-005) - 2
Thence 148.92 feet along a curve to the left, said curve having a radius of 200.00 feet,
a central angle of 42°39'48'', a tangent of 78.10 feet and a chord of 145.51 feet which
bears N 2°05'42" E to a point of tangency;
Thence N 19°14'12'' W 150.61 feet to a point of curvature;
Thence 160.51 feet along a curve to the left, said curve having a radius of 250.00 feet,
a central angle of 36047, 12", a tangent of 83.13 feet and a chord of 157.77 feet which
bears N 37037'48" W to a point of tangency;
Thence N 56°01'24" W 43.02 feet to a point on the north line of said Section 29;
Leaving said centerline:
Thence S 89036'38'' E 476.32 feet to the east 1/16 comer common to Sections 20
and 29;
Thence S 89036'44" E 670.56 feet along the north line of the NE ¼ to a point on the
east line of the west ½ of the NE ¼ of the NE ¼ of said Section 29;
Thence S 0028'30'' W 1291.05 feet along said east line of the west ½ of the NE ~A of
the NE ¼ to a point;
Thence S 89°37'11" E 670.98 feet to a point on the east line of said Section 29;
Thence S 0°27'45" W 1290.94 feet along said east line to a point;
Thence N 89037'43'' W 1336.68 feet to a point on the west line of the SE ¼ of the NE
¼ of said Section 29;
Thence S 0°21'39" W 60.00 feet to the southeast comer of the SW ¼ of the NE ¼ of
Section 29;
Thence N 89037'43" W 1336.57 feet to the southwest comer of the NE ¼ (center ¼
comer) of said Section 29;
Thence lq 89038'09" W 2679.90 feet to the southwest comer ofNW ¼ (west ¼
comer) of said Section 29;
Thence N 0°14'24" E 1322.87 feet along the west line of said Section 29 to the
REAL POINT OF BEGINNING of this description:
This parcel contains 193.78 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 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.
ANNEXATION AND ZONING ORDINANCE (AZ-02-005) - 3
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
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-02-005) - 4
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:
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ANNEXATION AND ZONING ORDINANCE (AZ-02-005) - 5
,t'6'06~ t
~SflO0'l S
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:
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CERTIFICATION OF THE CITY CLERK OF THE CITY OF MERIDIAN
AZ-02-005
WHITE PETERSON
KEVIN E. DINIUS
JULIE KLEIN FISCHER
WM. F. GIGRAY, III
T. GuY HALLAM*
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, MORROW, GIGRAY, ROSSMAN, NYE & ROSSMAN, P.A.
PHILIP A. PETERSON
ERICA S. PHILLIPS
ERIC S. ROSSMAN
TODD A. ROSSMAN
DAVID M. SWARTLEY
PAMELA J, Tn~LOW
TERRENCE R. WHITE**
NICHOLAS L. WOLLEN
ATTORNEYS AT LAW
830 N. MAIN 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
June 25,2002
William G. Berg, Jr.
City of Meridian
33 E. Idaho
Meridian, Idaho 83642
Re;
Ordinance No. 02- , (Marty Goldsmith, Walter Simont and Raymond
Smith, Jean and Richardson Burnett Family Trust, which person make up
Farwest, LLC) 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 Marty
Goldsmith, Walter Simont and Raymond Smith, Jean and Richardson Burnett Family Trust, which
persons make up Farwest, LLC, 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
m. F. Nichols
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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 Marty Goldsmith,
Waker Simont and Raymond Smith, Jean and Richardson Burnett Family Trust, which persons make up
Farwest, LLC, to be known as Tuscany Lakes Subdivision consisting of 196.20 acres with a zoning
designation of R-4 Low 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 north ½ of Section 29, Township 3 North, Range lEast of
the Boise Meridian, Ada County, Idaho, being more particularly described as follows:
Commencing at the northwest comer of Section 29, T3N., R1E., B.M., thence S.
0°14'24" W 1322.87 feet along the west line of said Section 29 to the northwest comer of
the south ½ of the NW ¼, the REAL POINT OF BEGINNING of this description;
Thence S 89°36'13" E 520.48 feet along the north line of said south ½ to a point;
Thence N 51°58'04" E 87.93 feet to a point;
Thence N 46o00'49" W 150.80 feet to a point;
Thence N 18°01 '28" E 385.82 feet to a point;
Thence S 72047'45" E 841.76 feet to a point on the centerline of the Eight-Mile Lateral;
Along said centerline the following:
Thence S 4°45'54'' E 111.17 feet to a point of curvature;
Thence 123.47 feet along a curve to the left, said curve having a radius of 250.00 feet, a
central angle of 28°17'48", a tangent of 63.02 feet and a chord of 122.22 feet which bears
S 18o54'48" E to a point of tangency;
Thence S 33o03'42" E 16.09 feet to a point of curvature;
Thence 49.89 feet along a curve to the right, said curve having a radius of 350.00 feet, a
central angle of 08°10'01'', a tangent of 24.99 feet and a chord of 49.85 feet which bears
S 28058'42" E to a point on the north line of the south ½ of the NW ¼ of said Section 29;
Leaving said centerline:
Thence S 89°36'13'' E 1193.74 feet to the northeast comer of said South ½ of the
NWl/4;
Thence S 0°15'20" W 1042.84 feet along the east line of said south ½ of the NW ¼ to a
point on the centerline of the Ridenbaugh Canal;
Along the centerline of the Ridenbaugh Canal the following:
Thence N 46°01 '42" E 147.75 to a point of curvature;
Thence 161.84 feet along a curve to the left, said curve having a radius of 750.00 feet, a
central angle of 12°21 '48", a tangent of 81.23 feet and a chord of 161.52 feet which bears
N 39050'48'' E to a point of tangency;
Thence N 33039'54'' E 488.53 feet to a point of curvature;
Thence 134.02 feet along a curve to the left, said curve having a radius of 750.00 feet, a
central angle of 10014' 18", a tangent of 67.19 feet and a chord of 133.84 feet which bears
N 28032'45'' E to a point of tangency;
Thence N 23025'36'' E 313.49 feet to point on the north line of the south ½ of the NE ¼;
Leaving said centerline:
Thence S 89°37'11" E 4.91 feet to the southwest comer of the east ½ of the NW ¼ of the
NE ¼;
Thence N 0°18'31" E 11.51 feet along the west line of the east ½ of the NW ¼ of the NE
¼ to a point on the centerline of the Ridenbaugh Canal;
Along said centerline the following:
Thence N 23°25'36" E 950.12 feet to a point of curvature;
Thence 148.92 feet along a curve to the left, said curve having a radius of 200.00 feet, a
central angle of 42o39'48'', a tangent of 78.10 feet and a chord of 145.51 feet which bears
N 2°05'42'' E to a point of tangency;
Thence N 19°14'12'' W 150.61 feet to a point of curvature;
Thence 160.51 feet along a curve to the left, said curve having a radius of 250.00 feet, a
central angle of 36°47' 12", a tangent of 83.13 feet and a chord of 157.77 feet which bears
N 37o37'48'' W to a point of tangency;
Thence N 56°01 '24" W 43.02 feet to a point on the north line of said Section 29;
Leaving said centerline:
Thence S 89o36'38'' E 476.32 feet to the east 1/16 comer common to Sections 20 and
29;
Thence S 89o36'44'' E 670.56 feet along the north line of the NE 1/4 to a point on the east
line of the west ½ of the NE ¼ of the NE ¼ of said Section 29;
Thence S 0o28'30'' W 1291.05 feet along said east line of the west ½ of the NE 1/4 of the
NE ¼ to a point;
Thence S 89°37'11" E 670.98 feet to a point on the east line of said Section 29;
Thence S 0o27'45'' W 1290.94 feet along said east line to a point;
Thence N 89o37'43'' W 1336.68 feet to a point on the west line of the SE ¼ of the NE ¼
of said Section 29;
Thence S 0°21 '39" W 60.00 feet to the southeast comer of the SW ¼ of the NE ¼ of
Section 29;
Thence N 89°37'43'' W 1336.57 feet to the southwest comer of the NE ¼ (center ¼
comer) of said Section 29;
Thence N 89o38'09'' W 2679.90 feet to the southwest comer ofNW ¼ (west ¼ comer) of
said Section 29;
Thence N 0°14'24" E 1322.87 feet along the west line of said Section 29 to the REAL
POINT OF BEGINNING of this description.
This parcel contains 193.78 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 first reading by suspension of the Rule as allowed pursuant to Idaho Code 50-902:
YES NO
Second Reading:
Third Reading:
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