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Home My WebLink AboutBair Property AZ 02-018 RECEIVED WHITE PETERSON OCT - 9 2002 City Of Meridian WHITE, PETERSON, MORROW, GIGRAY, ROSSMAN, NYE & I9j~~ p.W!=e KEVIN E. DI"IUS JuLlEKLEI" FlSCHER WM. F. GIG""Y, III T. GUY HALlAM' D.SAMUELJOHNSON WILUAM A MORROW WILLlAMF.NICHOLS' CHRISTOPHERS.NYE PHILlPAP""',"",ON ERlCAS.PHJLLlPS ERIC S. ROSSMAN TODD A ROSSMAN DAVID M, SWARTLEY PAMELAJ. TARLOW TERlUENC' R. WHIT'- NICHOLAS L. WOLLEN AITORNEYS AT LAw NAMPAOFFICE 5700 E. FRANKLIN RD., SUITE 200 NAMPA. IDAHOS]6S3.'402 TEL. 120S) 466.9272 FAX 120S) 466-4405 830N. MAIN STREET. 80ITE200 POST OFFICE Box 1150 MERIDIAN, IDAHO 83680-1150 TEL 120S) 288.2499 FAX (20S) 288-2501 PLEASE !ŒPLYTO MERIDIAN OFFICE 'Also admitled in DR ., Also admitted in WA October 9. 2002 William G. Berg, Jr., City Clerk MERIDIAN CITY HALL 33 East Idaho Meridian. Idaho 83642 Re: TOUCHMARK LIVING CENTERS I ANNEXATION AND ZONING FINDINGS I FIRST ADDENDUM TO DEVELOPMENT AGREEMENT I ORDINANCE & CERTIFICATION OF CLERK I SUMMARY ORDINANCE AND SUMMARY ORDINANCE COVER LETTER I AZ-02- 018 Dear Will: Please find enclosed the original of the FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECIS[ON AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING prepared as per instructions from the Council meeting of October I, 2002, and which are on the agenda for October IS, 2002, I have also attached the original of the First Addendum Development Agreement for the owner(s) and/or developer(s) signatures. After the Council meeting of October IS, 2002, if Council approves the Findings of Fact and Conclusions of Law for the above matter, then the Findings will need to be attached to the First Addendum to Development Aweement and Development Agreement as Exhibit "B", After the Findings of Fact and Conclusions of Law and Decision and Order Granting Application for Annexation and Zoning have been adopted, please submit the First Addendum to Development Agreement to the owner(s) and/or developer(s) for signatures, Also, please find enclosed the above AZ Ordinance and the Certification of the Clerk for the annexation and zoning for the 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 he nassed until the Findin2s of Fact and Conclusions of Law and Decision and Order Grantin2 Aonlication for Rezone are adonted, 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. [fyou have any questions arise, please advise, Z:IWorklMIMeridianlMeridian I 5360MIBai, PropeDY Annex AZ-O2-018\FFCL DEV AGMT ORD Clerk Llr.doc CITY OF MERIDIAN ORDINANCE NO. - AN ORDINANCE FINDING THAT CERTAIN LAND TO BE KNOWN AS TOUCHMARK LIVING CENTERS LOCATED ON THE SOUTH SIDE OF FRANKLIN ROAD, 1:, MILE EAST OF EAGLE 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 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 LIMITED OFFICE DISTRICT (L-O); 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 orland being located in the NW Y. of Section 16, Township 3 North, Range 1 East, Boise Meridian, Ada County, Idaho, being more particularly described as follows: Commencing at the northwest comer of Section 16, Township 3 North, Range 1 East, Boise Meridian; thence S 89°28'47" E 2706,25 feet to the northeast comer of the NW y. (North Y. Comer) of said Section 16, the REAL POINT OF BEGINNING ofthis description; ANNEXATION AND ZONING ORDINANCE (AZ-O2-018) - I Thence S 00°13'01" E 939.06 feet along the east line of the NW Y. of said Section 16 to a point; Thence N 85°31 '47" W 235,00 feet to a point; Thence N 00°13'01" W 922,87 feet to a point on the north line of said NW 1/4; Thence S 89°28'47" E 234.24 feet to the REAL POINT OF BEGINNING of this description; Said parcel contains 5,006 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 Limited Office District (L-O). 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: The zoning designation set forth in Section 3 ofthis ordinance is subject to the tenns and conditions of that certain Development Agreement and the Addendum to the Development Agreement by and between the City of Meridian and the owner of the land described in Section I dated the - day of '-' and- day of , and that the uses are to be developed under the planned unit development process and conditional use pennit process, SECTION 6: All ordinances, resolutions, orders or parts thereof in conflict herewith are hereby repealed, rescinded and annulled, ANNEXATION AND ZONING ORDINANCE (AZ-O2-018) - 2 SECTION 7: This ordinance shall be in full force and effect from and after its passage, approval and publication, according to law, SECTION 8: 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 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 §63-22l5 and §50-223, PASSED BY THE COUNCIL OF THE CITY OF MERIDIAN, IDAHO, this - day of ,2002. . APPROVED BY THE MAYOR OF THE CITY OF MERIDIAN, IDAHO, this - day of ,2002. MAYOR 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: ANNEXATION AND ZONING ORDINANCE (AZ-O2-018) - 3 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, 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 EXPlRES:- Z:IWmklMIMeridianlMecidian ¡5360MISa;, PropeDy Annex AZ-O2-0 I 8\AZOrd.doc ANNEXATION AND ZONING ORDINANCE (AZ-02-018) - 4 ~ 8 9 1716 5! 0 a: ~ ~ .. " , CTY OF MERIDIAN FRANKUN ROAD sr:~~, ~ r::rf::'~~, CTY OF MERIDIAN BRIGGS ENGINEERING. INC. ~ (208)344-9700 1800 W. OVERLANO ROAD BOISE, 10AHO . 83705 u-------- fJ I ¡!!I :i :::::; ~ ü I I ADA COUNTY 1/4 CORNER , I) S 89' 29' 19' E 2702.58' 16- -=-- - - CITY liMlTs- "h¥' '/;/:~,~ ,;>~~,,~~ , k~~~~~~;1 ~t;;';~';;'J8 ~1;;;;;;;;;I;¡j .'" ;;;;;~~~; ; Õ ";"';"; ~ õ;? ~;~~/~; ~ 0"/'" - 0,"/////'0 <II "/'/'/Jo / ,;, ,;/ ,; z ~;;;;;;;;'J ", /" ", /;':;;: '/';"~~ AAfA OF ANNEXAlION .. 5.006 ACRES +\- CTY OF MERIDIAN DESIGN ,,~ '.' , " - N. --n:: I ~ a: --~ I ~EW ESTATES \ \ \ REVISION SHEET 1 OF 1 DWG.NO, 20201 EXHIBIT 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 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 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, , in the year , before me, , a Notary Public, appeared WILLIAM G, BERG, JR" known or identified to me to be the City Clerk, respectively, 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, On this - day of (SEAL) Notary Public for Idaho Commission Expires: Z:\Wmk\M\Meridian\Meridian 15360M\Bair Propeny Annex AZ-O2-018\CenificationOfClerkOrd.doc CERTIFICATION OF THE CITY CLERK OF THE CITY OF MERIDIAN AZ-02-018 WHITE PETERSON WHITE, PETERSON, MORROW, GIGRAY, ROSSMAN, NYE & ROSSMAN, P,A. PHILI,A.PETERSQN ERICA 5. PHILI.I", ERIC 5. RO,"MAN TODD A. ROSSMAN DAVID "'. 5w^,"'Y PAMELAl. TARLOW TERRENCE R. WHITE" NICHOLAS L. WOLLEN ATIORNEYSATLAW NAMPA OFFICE 5700E.F,^NKLlNRD" 5ul[C200 NAMPA,IDAHO8]653.8402 TEL. (20S) 466.9272 FAX (208) 466-4405 KEVIN E. DINIUS WI '" KI..'IN FISEHm D. S,vMUELJOHNSON W:LLlAM A. MORea" WH.I.IAM F. NICIIO",' OIRISTOPHER S. Ny, 830 N. MAIN STREET, SuiTE 200 POST OFFICE Box 1150 MERIDIAN, IDAHO 83680-1 150 TEL (208)288-2499 FAX 120S) 288-2501 PLEASE REPLY TO MERIDIAN OFFICE 'Abu ,dmill,d in OR "Also,dmitiodinWA October 9, 2002 William G, Berg, Jr. City of Meridian 33 E, Idaho Meridian, Idaho 83642 Re: Ordinance No, 02-_, (Touchmark Living Centers) Summary of Publication Dear Will: Pursuant to the direction of the Meridian City Council, this office has prepared a summarization ofthe ordinance providing for an annexation and zoning ordinance for Touchmark Living Centers, 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 ofthe provisions of said ordinance, You are hereby directed to file this statement with the ordinance, pursuant to the provisions ofIdaho Code § 50-901(A), w Enclosure Z:\Work\M\MeridianIMoridian I 5360MIBair PrDpeny Annex AZ-02-0 I 8\BergSurnOrdI00902Ltr.doo 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 of the City of Meridian granting annexation and zoning for land owned by Touchmark Living Centers, to be known as Touchmark Living Centers consisting of 5,00 acres with a zoning designation ofL-O Limited Office; 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 being located in the NW If.¡ of Section 16, Township 3 North, Range I East, Boise Meridian, Ada County, Idaho, being more particularly described as follows: Commencing at the northwest comer of Section 16, Township 3 North, Range I East, Boise Meridian; thence S 89°28'47" E 2706.25 feet to the northeast comer of the NW Y. (North Y. Corner) of said Section 16, the REAL POINT OF BEGINNING of this description; Thence S 00°13'01" E 939.06 feet along the east line ofthe NW Y. of said Section 16 to a point; Thence N 85°31 '47" W 235,00 feet to a point; Thence N 00°\3'01" W 922,87 feet to a point on the north line of said NW 1/4; Thence S 89°28'47" E 234,24 feet to the REAL POINT OF BEGINNING of this description; Said parcel contains 5,006 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,'WorkIM\Me<idianlMeridian 15360M\BairPropeny Annex AZ-02-018ISUMANNEXZONGORD.doc