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Home My WebLink AboutDrawbridge Sub. AZ 02-019 WHITE PETERSON WHITE, PETERSON, MORROW, GIGRAY, ROSSMAN, NYE & ROSSMAN, P.A. KEVIN E. DINIUS JULIE KLEIN FISCHER WM. F. GIGRAY, Iu T. GUY HALLAM. D. SAMUEL JOHNSON W1LLlA.\1 A. MORROW WILLlA.\1 F. NICHOLS. CHRISTOPHER S. NYE PHILIP A. PETERSON ERICA S. PHILLIPS ERIC S. ROSSMAN TODO A. ROSSMAl-J DAVID M. SWARTLEY PAMELAJ. TARLOW TERRf..'IICE R. WHITE** NICHOLASL. WOLLEN ATIORNEYS AT LAw NAMPA OFFICE 5700 E. FRANKLlN RD., SUlTE200 NAMPA. (OAHO 83653.8402 TEL (208) 466-9272 FAX (208) 466-4405 830 N. MAlN STREET, SUITE 200 POST OFFICE Box 1150 MERIDIAN, IDAHO 83680-llS0 TEL (208)288.2490 FAX (208) 28S-2S01 PLEASE REPLY TO MERIDIAN OFFICE ... Also admitted in OR H Also admitted in WA October 29,2002 RECEIVED OCT 3 0 2002 City Of Meridian City Clerk Office William G. Berg, Jr., City Clerk MERIDIAN CITY HALL 33 East Idaho Meridian, Idaho 83642 Re: DRAWBRIDGE SUBDIVISION I ANNEXATION AND ZONING FINDINGS I AZ ORDINANCE & CERTIFICATION OF CLERK I SUMMARY ORDINANCE AND SUMMARY ORDINANCE COVER LETTER I AZ-02-019 Dear Will: Please find enclosed the original of the FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING APPLICA nON FOR ANNEXA nON AND ZONING prepared as per instructions from the Council meeting of October 15, 2002, and which are on the agenda for November 6, 2002. Also, please find enclosed the above AZ Ordinance and the Certification ofthe 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 Findinl!s of Fact and Conclusions of Law and Decision and Order Grantinl! Application for Rezone are adopted. Additionally, 1 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 ] 5360M\Drawbridge Sub Al02.0 19 PP02-O] 5\FFCL and OrdinanceClk.doc CITY OF MERIDIAN ORDINANCE NO. AN ORDINANCE FINDING THAT CERTAIN LAND TO BE KNOWN AS DRAWBRIDGE SUBDIVISION LOCATED ON THE WEST SIDE OF TEN MILE ROAD, APPROXIMATELY V. MILE SOUTH OF McMILLAN 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, LEE AND JILL WOODBURY, 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 RURAL MEDIUM DENSITY RESIDENTIAL DISTRICT (R-3); AND DECLARING THAT SAID LAND, BY PROPER LEGAL DESCRIPTION AS DESCRIBED BELOW, BE APART 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 ofland being the Nl/2 of the NE II. of the SEl/4 of the NEl/4 of Section 34, TAN., R.1 W., Boise Meridian, Ada County, Idaho and being more described as follows: Commencing at the NE Section corner of said Section 34, thence S0052'40" W a distance of 1315.55 feet to a 5/8 inch rebar marking the POINT OF BEGINNING; ANNEXATION AND ZONING ORDINANCE (AZ-02-019) - 1 Thence continuing So052'40" W a distance of328.89 feet to a point from which the SE comer of the NE 1/4 of said Section bears S0052' 40" W a distance of 986.67 feet; Thence N89009' 11" W a distance of 662.56 feet to a 5/8 inch rebar; Thence No050'31" E a distance of329.38 feet to a 5/8 inch rebar; Thence S89006'39" E a distance of 662.77 feet to the POINT OF BEGINNING; Said parcel contains 5.01 acres more or less and is subject to all existing easements and rights-of-ways of record or implied. 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 Rural Medium Density Residential District (R-3). 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 Meridian, including the lands herein annexed, with the following officials of the County of Ada, ANNEXATION AND ZONING ORDINANCE (AZ-02-019) - 2 State ofIdaho, 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 ofIdaho, all in compliance with Idaho Code 963-2215 and 950-223. PASSED BY THE COUNCIL OF THE CITY OF MERIDIAN, IDAHO, this ,2002. day of APPROVED BY THE MAYOR OF THE CITY OF MERIDIAN, IDAHO, this ,2002. day of MA YOR ATTEST: 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,) ss. County of Ada. ) 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, [ 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\Meridian\Meridian ] 5360M\Drawbridge Sub AZ02-019 PP02.0 15\AZOrd.doc ANNEXATION AND ZONING ORDINANCE (AZ-02-019) - 3 ~ Cl u.z 0" >-z ~Cj Ow 0.'" (r(~ au 31'" NaLN ;1.\ 1111 lill! ii! i" '" : ~! ... \ HI "n illl'i 1.'1 ;f i:; , Ii! \\ i.II, il , 1/ I. ,,;" !' II I; Ji \;"1 l/ "I I, /1 Ii! ii '/ iji _,; ;j iii /1 II! IJ _',. ii! 11/:) ill Y '!:Ii; li"'I:'( Ii;;,;, i!I'!! 'I \\ !;i;; :iili 11':1 i;:'::2 ~ I i~ i, I ii~ il'I!:;; ~ !i j is: Iii! Iii! 'I]! 1']1 ili Iii! 1,1,1 liii lirl (Ii, ir,/ ii! iii ]'1 Iii. Iii ,;1 ii! ", Iii I ~_ !H .ss'S~&~ ~ I, // i/ i/ // // I' .68'9~ . 0 w I~ ~ 0'" o '" "'''' '" 00 i=. J;:: flj l!!l &l 1'>>", '" Z .lll:'6~ 3o~~OON _____..J.._____ ,/-,,-' /;>,. ,jl /I 'f fr "CC~!..J._c_- i i I ._~,-.,. o ~ 00 >' '" ! '" o Z o I (I)> ~ s: z w", 'OO::<(5~ o In 0 00'0 Z::>ZO::"'J: j! W~<( ~ ~ ... ~ ~~ Z ('l) LLO:::f <( C) c: O~i5 zO:fi>-~ffi - 0:: Q) I- oj:; ~~ (/) U~ O~ o i -~y ~ ~ z ~ ~ ~ <( .!l ~ 2l 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 ofthe State ofIdaho 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 ofthe 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 ofthe City of Meridian. (SEAL) Notary Public for Idaho Commission Expires: Z:\Work\M\Meridian\Meridian 15360M\Drawbridge Sub AZ02-019 PP02-015\CertificationOfClerkOrd.doc CERTIFICATION OF THE CITY CLERK OF THE CITY OF MERIDIAN AZ-02-0 19 WHITE PETERSON WHITE, PETERSON, MORROW, GIGRAY, ROSSMAN, NYE & ROSSMAN, P.A. KEVIN E. DI~IUS JULIE KLl:IN FrSCI-IEI{ WM. F. GIGR.W, III T. GUY HALL!\M* D. SAMU"I,JOIINSO'l WILLIAM A I\:loRRUW WILLlA\1 F. NICHOLS* CHRISrol'HER S. NYE PHILIP A. PETERSON ERICA S. PHilLIPS ERIC S. ROSSMAN TODDA. ROSSMAN DAVID M. SWARTLc:Y PAMELAJ. TARLOW TERRENCE R. WHITEn NICHOLAS L WOLLEN ATTORNEYS AT LAW NAMPA OFFICE 5700 E. FRANKLIN RD., SUITE 200 NAMPA, lDAHO 83653-8402 TEL (208) 466-9272 FAX (208) 466-4405 830 N. MAIN STREET, SelTE 200 POSTOFFfCEBox 1150 MERIDIAN, IDAHO 83680-1150 TEL (208)288-2499 FAX (208) 288-250L PLEASE RErL Y TO MERIDIAN OFFICE "'Also admil1ed in OR ** Also admitted in W A October 29,2002 William G. Berg, Jr. City of Meridian 33 E. Idaho Meridian, Idaho 83642 Re: Ordinance No. 02-_, (Lee and Jill Woodbury) Summary of Publication Dear Wili: 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 Lee and Jill Woodbury, 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 ofIdaho Code S 50-901(A). Enclosure Z:\Work\M\Meridian\Meridian 15360M\Drawbridge Sub AZ02-019 PP02-0 I 5\BergSumOrdI 02902Ltr.doc NOTICE AND PUBLISHED SUMMARY OF ORDINANCE PURSUANT TO I.e. ~ 50-901(A) CITY OF MERIDIAN ORDINANCE NO. 02- PROVIDING FOR AN ANNEXATION AND ZONING ORDINANCE An Ordinance ofthe City of Meridian granting annexation and zoning for land owned by Lee and Jill Woodbury, to be known as Drawbridge Subdivision consisting of 5.01 acres with a zoning designation ofR-3 Rural Medium Density; 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 ofland being the Nl/2 ofthe NE V. of the SEl/4 of the NEl/4 of Section 34, TAN., R.l W., Boise Meridian, Ada County, Idaho and being more described as follows: Commencing at the NE Section comer of said Section 34, thence Soo52' 40" W a distance of 1315.55 feet to a 5/8 inch rebar marking the POINT OF BEGINNING; Thence continuing Soo52'40" W a distance of328.89 feet to a point from which the SE comer of the NEl/4 of said Section bears Soo52'40" W a distance of 986.67 feet; Thence N89009' 11" W a distance of 662.56 feet to a 5/8 inch rebar; Thence Noo50'31" E a distance of 329.38 feet to a 5/8 inch rebar; Thence S89006'39" E a distance of 662.77 feet to the POINT OF BEGINNING; Said parcel contains 5.01 acres more or less and is subject to all existing easements and rights-of-ways of record or implied. 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 15360M\Drawbridge Sub AZ02-019 PP02.0] 5\SUMANNEXZONGORD.doc