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Home My WebLink AboutZ - Ord. 23-2039 ADA COUNTY RECORDER Trent Tripple 2023-065766 BOISE IDAHO Pgs=4 BONNIE OBERBILLIG 11/22/2023 08:03 AM CITY OF MERIDIAN, IDAHO NO FEE CITY OF MERIDIAN ORDINANCE NO. 23-2039 BORTON, CAVENER, HOAGLUN BY THE CITY COUNCIL: OVERTON, PERREAULT, STRADER AN ORDINANCE (PETSCHE REZONE H-2023-0039) FOR REZONE OF A PARCEL OF LAND WITHIN BLOCK 5 OF F.A. NOURSE'S THIRD ADDITION TO MERIDIAN (A RECORDED PLAT IN BOOK 6 AT PAGE 289 OF ADA COUNTY RECORDS) WITHIN A PORTION OF THE NORTHEAST QUARTER OF SECTION 7, TOWNSHIP 3 NORTH, RANGE 1 EAST, BOISE MERIDIAN, MERIDIAN, ADA COUNTY, IDAHO, MORE PARTICULARLY DESCRIBED IN EXHIBIT "A," REZONING 0.60 ACRES OF LAND FROM C-C (COMMUNITY BUSINESS) ZONING DISTRICT TO O-T (OLD TOWN) ZONING DISTRICT IN THE MERIDIAN CITY CODE; DIRECTING CITY STAFF TO ALTER ALL APPLICABLE USE AND AREA MAPS AS WELL AS THE OFFICIAL ZONING MAPS AND ALL APPLICABLE OFFICIAL MAPS DEPICTING THE BOUNDARIES AND THE ZONING DISTRICTS OF THE CITY OF MERIDIAN IN ACCORDANCE WITH THIS ORDINANCE; PROVIDING THAT COPIES OF THIS ORDINANCE SHALL BE FILED WITH THE ADA COUNTY ASSESSOR, THE ADA COUNTY TREASURER, THE ADA COUNTY RECORDER, AND THE IDAHO STATE TAX COMMISSION,AS REQUIRED BY LAW;AND PROVIDING AN EFFECTIVE DATE. BE IT ORDAINED BY THE MAYOR AND THE CITY COUNCIL OF THE CITY OF MERIDIAN, COUNTY OF ADA, STATE OF IDAHO: SECTION 1. That the property described in the Legal Description attached hereto as Exhibit "A," which is incorporated herein by reference, is within the corporate limits of the City of Meridian, Idaho, and that the City of Meridian has received a written request for rezoning by Tammy Petsche, the owner of said property. SECTION 2. That the above-described real property is hereby rezoned from C-C (Community Business) Zoning District to O-T (Old Town) Zoning District. SECTION 3. That City Staff is hereby directed to alter all applicable use and area maps as well as the official zoning maps and all applicable official maps depicting the boundaries and the zoning districts of the City of Meridian in accordance with this ordinance. SECTION 4. That the City Clerk is hereby directed to file a certified copy of this ordinance and its exhibits with the Ada County Assessor, the Ada County Treasurer, the Ada County Recorder, and the Idaho State Tax Commission within ten(10) days following the effective date of this ordinance. SECTION 5. That all ordinances, resolutions, orders or parts thereof in conflict herewith are hereby repealed. REZONE ORDINANCE-PETSCHE REZONE H-2023-0039 PAGE I SECTION 6.That this Ordinance, once passed, shall be in full force and effect upon publication, in accordance with law. PASSED BY THE CITY COUNCIL OF THE CITY OF MERIDIAN,IDAHO,this 21st day of November, 2023. APPROVED BY THE MAYOR OF THE CITY OF MERIDIAN, IDAHO, this 21st day of November, 2023. MAYOR ROBERT E. SIMISON ATTEST: CHRIS JOHNSON, CITY CLERK STATE OF IDAHO, ) ) ss: County of Ada ) On this 21 ST day of November , 2023, before me, the undersigned, a Notary Public in and for said State, personally appeared ROBERT E. SIMISON and CHRIS JOHNSON known to me to be the Mayor and City Clerk, respectively,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. Notary Public for Idaho My Commission Expires: 3-28-2028 REZONE ORDINANCE—PETSCHE REZONE H-2023-0039 PAGE 2 EXHIBIT A ELSENGEBRITSONLAND SURVEYS, PLLC. 2251 S. Sumac Street, Boise, Idaho 83706 Telephone (208) 859-6032 mike@elsurveys.com 26 June 2023 Revised: 26 July 2023 ELS Project No. 230616— Tammy Petsche Land Description for Rezone Reference Warranty Deed Instrument No. 2019-115758 Contains 26,284 square feet more or less EXHIBIT A A portion of land within Block 5 of F.A. Nourse's Third Addition to Meridian (a recorded plat in Book 6 at Page 289 of Ada County records) within a portion of the NE '/4 of Section 7, T. 3 N., R. 1 E., B.M., City of Meridian,Ada County, Idaho more particularly described as follows: Commencing at a found Brass Cap monument marking the Northwest corner of said Section 7 from which a found Brass Cap monument marking the West '/4 corner of said Section bears S 00°00'00" E a distance of 2651.94 feet,thence southerly along the west boundary line of said Section S 00°00'00" E a distance of 621.20 feet to the POINT OF BEGINNING. Thence easterly perpendicular to said Section line N 90°00'00" E a distance of 263.60 feet to a found iron pin; Thence southerly parallel to said Section line S 00°00'00" E a distance of 106.20 feet to a found iron pin on the South line of said Block 5; Thence westerly along said South line N 90°00'00" W a distance of 73.60 feet to a found square fence post set in concrete; Thence northerly perpendicular to said South line and parallel to said Section line N 00°00'00"W a distance of 9.00 feet to a point; Thence parallel to and 9.00 feet northerly of said South line N 90°00'00" W a distance of 190.00 feet to a point on said Section line; Thence northerly along said Section line N 00°00'00" W a distance of 97.20 feet to the POINT OF BEGINNING. The above-described tract of land contains 26,284 square feet more or less subject to all existing easements and rights-of- way. 3793 K:IELS1Projects1202312306161Admin\Legals\EXH A Rezone description 062623.doc z N. MERIDIAN ROAD o o I BASIS OF BEARING Z N 00'00'00" W 2651.94' Z o , _ 9 7.20' ^' 1933.54' 621.20' + -tom o �o ACHD R/W o m m z ' N - — 97_20 co'cn = F rr, CD o� II N I � xo 10� rri C) cn r? co �m Ito4` C !fib 0) "I Cn l Ko CIO 4.5 G °` . . � ► � c� m 1 ,9 1 nl � DO zZ pr op�06' p � rri rri o ry r Z D� : � r z �w yZ � b y o� -< ►O m - - I -- 97.20' -- Or�n �' y ' � z I I m Z �Z 106.20' mm0 n wo�ti O � 000zoCn m oN�o� z � a, ooZ o � 0�00� �I r\,ZnOoR1 r � owz � � d Oar or oN �, -n wrnocnwnp � 0 CU m Z � Z cn co m r- Z z c� Z r-n r` c, cn � C o z ' - '& �7 S DO 00 00 E 106.20 o �z rn O ap�p O �p O zE X o � f � so I � z -� m �,_ o-O m Z � l I j ~ m i 1 CERTIFICATION OF SUMMARY: William L.M. Nary, City Attorney of the City of Meridian, Idaho, hereby certifies that the summary below is true and complete and upon its publication will provide adequate notice to the public. 3 i William L. M. Nary, 6ty Attorney i r SUMMARY OF CITY OF MERIDIAN ORDINANCE NO. 23-2039 a An Ordinance (Petsche Rezone H-2023-0039) for rezone of a parcel of land within Block 5 of F.A. Nourse's Third Addition to Meridian (a recorded plat in Book 6 at Page 289 of Ada County records) within a portion of the northeast quarter of Section 7, Township 3 North, Range 1 East, Boise Meridian, Meridian, Ada County, Idaho, more particularly described in Exhibit "A," rezoning 0.60 acres of land from C-C (Community Business) zoning district to O-T (Old Town) zoning district in the Meridian City Code; directing city staff to alter all applicable use and area maps as well as the official zoning maps and all applicable official maps depicting the boundaries and the zoning districts of the City of Meridian in accordance with this ordinance;providing that copies of this ordinance shall be filed with the Ada County Assessor, the Ada County Treasurer, the Ada County Recorder, and the Idaho State Tax Commission, as required by law; and providing an effective date.A full text of this ordinance is available for inspection at City Hall, City of Meridian, 33 East Broadway Avenue, Meridian, Idaho. This ordinance shall be effective as of the date of publication of this summary. [Publication to include map as set forth in Exhibit B.] REZONE ORDINANCE-PETSCHE REZONE H-2023-0039 PAGE 3