Tully Cove Sub AZ 02-021WHITE PETERSON
WHITE, PETERSON, MORROW, GIGRAY, ROSSMAN, NYE & ROSSMAN, P.A.
KEVIN E. DINIUS PHILIPA PETERSON ATTORNEY$AT LAW NAMPA OFFICE
JULIe KLeINFISCHER ERIG S. PHILLIPS
Wm. F. GIGMY, DI
'
Ea[cS. RossmAx
NAMPA OFFICE 57000 FRANRLal RO.,
smrEZao
T. GUY Hnunm TODD A ROSSMAN
D. SAMUELJOHNSON
DAVID M. SWARTLeY
5700 e. FRANq.PI RD., NAMPA, IDAHO 83653-8402
W011AMA MORROW PAmewJ. TARLOW SUHE200 TEL (208)466-9272
WILLL961 F. N[cH015 TERRENCER WHTn:'• NAMPA, IDAH083653-8402 FAX (208)466-0405
CHRLSTDPHER S. NYE NICHOLAS L. WOLLEx TEL (208)4669272
FAX (208)466-4405 PLEASE REPLYTD
•Also admitted in OR NAMPA OFFICE
•• Also admitted in
WA
TeL (208)4669272
FAx (208)4664405
November 13, 2002
RECEIVED
Nov ~ 4 2002
William G. Berg, Jr., City Clerk
MERIDIAN CITY HALL City Of Meridian
33 East Idaho City Clerk Office
Meridian, Idaho 83642
Re: TED MASON /ANNEXATION AND ZONING FINDINGS / AZ ORDINANCE &
CERTIFICATION OF CLERK /SUMMARY ORDINANCE AND SUMMARY
ORDINANCE COVER LETTER / AZ_02-021
Dear Will:
Please find enclosed the original of the FIIVDINGS OF FACT AND CONCLUSIONS OF
LAW AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING
prepazed as per instructions from the Council meeting of November 6, 2002, and which are on the agenda for
November 19, 2002.
Also, please fmd enclosed the above AZ Ordinance and the Certification of the Clerk for the
annexation and zoning for CiTy ofMeridian. After the Findings ofFact and Conclusions have been adopted,
then please place this ordinance on the City Council agenda. This ordinance should not be passed until the
will need to be presented to the Council at the same time the full annexation and caning ordinance is presented
to Council for approval.
If you have any questions arise, please advise.
Very truly yours,
Wm. F. Nichols
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CITY OF MERIDIAN
ORDINANCE NO.
AN ORDINANCE FINDING THAT CERTAIN LAND TO BE KNOWN AS TULLY COVE
SUBDIVISION LOCATED WEST OF NORTH CINDER ROAD APPROXIMATELY %: MILE
NORTH OF CHERRY LANE 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, ROBERT AND ALINDA RAINFORD, HAS MADE A REQUEST FOR
ANNEXATION AND A REQUEST FOR REZONING IN WRITING TO THE COUNCIL; AND THAT
SAID LAND BE ANNEXED TO THE CITY OF MERIDIAN AND ZONING DESIGNATED
MEDIUM DENSITY RESIDENTIAL (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 DIlZECTING 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, TREASURERANDASSESSOR, AND THE STATE TAX
COMMISSION OF THE STATE OF IDAHO, PURSUANT TO IDAHO CODE SECTION 50-223
AND SECTION 63-2215; AND REZONING A SEPARATE PARCEL FROM R-4 TO R-8.
BE I T O RDAIlVED B Y T HE M AYOR A ND T HE C OUNCIL O F T HE C ITY 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:
Annexation (5.26 acres)
A Parcel of land located in the Southeast '/< of the Northeast '/4 of Section 2,
Township 3 North, Range 1 West, of the Boise Meridian, Meridian, Ada County,
Idaho, being more particularly described as follows:
ANNEXATION AND ZONING ORDINANCE (AZ-02-021) - 1
BEGINNING from a point marking the East %4 Corner of Section 2, Township 3
North, Range 1 West, of the Boise Meridian; thence North 00°00'32" West, 460.13
feet, along the East line of said Section 2, and the Centerline of North Linder Road to
a point; thence leaving said Centerline, North 89°12'32" West, 498.40 feet along the
South line of Lot 2, Block 6, Turtle Creek Subdivision No. 1 (Book 78, Page 8226,
Records of Ada County) to a point; thence leaving said South line, South 00°00'32"
East, 460.13 feet to a point; thence South 89°12'32" East, 498.40 feet to the POINT
OF BEGINNING.
Said Parcel contains 229,306 sq. $. or 5.26 acres more or less.
Rezone (2.40 acres)
A Parcel of land located in the Southeast''/4 of the Northeast''/4 of Section 2,
Township 3 North, Range 1 West, of the Boise Meridian, Ada County, Idaho, being
more particularly described as follows:
Commencing from a point marking the East''/a Corner of Section 2, Township 3
North, Range 1 West, of the Boise Meridian; thence North 00°00'32" West, 460.13
feet, along the East line of said Section 2, and the Centerline of North Linder Road to
a point being the TRUE POINT OF BEGINNING; thence leaving said Centerline,
North 89°12'32" West, 498.40 feet along the South line of Lot 2, Block 6, Turtle
Creek Subdivision No. 1 (Book 78, Page 8226, Records of Ada County) to a point;
thence leaving said South line, North 00°00'32" West, 276.08 feet along the West
line of said Lot 2, to a point; thence leaving said West line, South 89°12'32" East,
309.39 feet along the North line of said Lot 2 to a point, common to Lots 1 and 2 of
said Subdivision; thence along a line common to said Lots 1 and 2, South 00°00'32"
East, 175.88 feet to a point; thence North 89°59'28" East, 189.00 feet to a point on
the Centerline of said North Linder Road; thence along said Centerline, South
00°00'32" East, 102.84 feet to the POINT OF BEGINNING.
Said Parcel contains 104,594 sq. ft. or 2.40 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 described in this ordinance shall be zoned
Medium Density Residential (R-8).
SECTION 4: That the City Engineer is hereby directed to alter all use
ANNEXATION AND ZONING ORDINANCE (AZ-02-021) - 2
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,
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 day of
2002.
APPROVED BY THE MAYOR OF THE CITY OF MERIDIAN, IDAHO, this day of
2002.
MAYOR
ATTEST:
CITY CLERK
ANNEXATION AND ZONING ORDINANCE (AZ-02-021) - 3
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 far 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 EXPII2ES:
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ANNEXATION AND ZONING ORDINANCE (AZ-02-021) - 4
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.
STATE OF IDAHO, )
County of Ada,
ss.
WILLIAM G. BERG, JR.
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:\Work\M\Meridian~Yleddian 15360M\Tully Cove Sub A202-021 PP02-018\CerGfica4onOfClerkOrd.doc
CERTIFICATION OF THE CITY CLERK OF THE CITY OF MERIDIAN
AZ-02-021
WHITE PETERSON
WHITE, PETERSON, MORROW, GIGRAY, ROSSMAN, NYE BG ROSSMAN, P.A.
KEVw E. DEJNS PHNP A. PETERSON
JOE~REEw FISCHER ERICA S. PHaLws
WN. F. GlcRav, In ENC S. RoS5MA1J
T. GUVHnI.um' Tonn A. R955MaN
D. $AI.9UEL JOHNSON DAVN M. SwARTI.Ev
WELrAM A. MORROW PaMe~a J. Taxl,ow
Wlu.w.t F. NICHOLS* TERReNCE R. WxrtE"•
CHwsTCeHeRS. Nve NICHOLAS L. WOEI.EN
ATTORNEYS AT LAW
NAMPA OFFICE
5700 E. FAANIU.w RD.,
SUHE 200
NAMPA, IDAHO 83653-8402
TEL (208) 4fi6-9272
FAX (208) 466-0405
"Also admitted in OR
** Also admitted in W A
William G. Berg, Jr.
City of Meridian
33 E. Idaho
Meridian, Idaho 83642
NAMPA OFFICE
5700 e. FRANKLPI Rn.,
SURE 200
NAMPA, IDAHO 83653-8402
TEL (208) 466-9272
FAX (208) 466-0405
TEL (208) 288-2499
Fax (208)288-2501
November 13, 2002
PLEASE REPLY TO
MERIDIAN OPFICE
Re: Ordinance No. 02- , (Robert and Alinda Rainford) Summary of
Publication
Dear Will:
Pursuant to the direction of the Meridian City Council, this office has prepazed a
summarization of the ordinance providing for an annexation and zoning ordinance for The Estate of
Allen Gentry, 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).
Very truly yours,
Wm. F. Nichols
Enclosure
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NOTICE AND PUBLISHED SUMMARY
OF ORDINANCE PURSUANT TO LC. § 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 Robert and
Alinda Rainford, to be lmown as Tully Cove Subdivision consisting of 5.26 acres (annexation) and 2.40
acres (rezone) with a zoning designation of R-8 Medium Density Residential; and to provide providing for
effect of invalidity; providing that all ordinances and resolufions in conflict are repealed and rescinded; and
providing an effective date.
Leeal Description
Annexation (5.26 acresl
A Parcel of land located in the Southeast''/4 of the Northeast''/4 of Section
2, Township 3 North, Range 1 West, of the Boise Meridian, Meridian,
Ada County, Idaho, being more particulazly described as follows:
BEGINNING from a point marking the East''/4 Corner of Section 2,
Township 3 North, Range 1 West, of the Boise Meridian; thence North
00°00'32" West, 460.13 feet, along the East line of said Section 2, and the
Centerline of North Linder Road to a point; thence leaving said Centerline,
North 89°12'32" West, 498.40 feet along the South line of Lot 2, Block 6,
Turtle Creek Subdivision No. 1 (Book 78, Page 8226, Records of Ada
County) to a point; thence leaving said South line, South 00°00'32" East,
460.13 feet to a point; thence South 89°12'32" East, 498.40 feet to the
POINT OF BEGINNING.
Said Parcel contains 229,306 sq. ft. or 5.26 acres more or less.
Rezone (2.40 acresl
A Parcel of land located in the Southeast '/4 of the Northeast '/4 of Section
2, Township 3 North, Range 1 West, of the Boise Meridian, Ada County,
Idaho, being more particularly described as follows:
Commencing from a point marking the East''/o Comer of Section 2,
Township 3 North, Range 1 West, of the Boise Meridian; thence North
00°00'32" West, 460.13 feet, along the East line of said Section 2, and the
Centerline of North Linder Road to a point being the TRUE POINT OF
BEGINNING; thence leaving said Centerline, North 89°12'32" West,
498.40 feet along the South line of Lot 2, Block 6, Turtle Creek
Subdivision No. 1 (Book 78, Page 8226, Records of Ada County) to a
point; thence leaving said South line, North 00°00'32" West, 276.08 feet
along the West line of said Lot 2, to a point; thence leaving said West line,
South 89°12'32" East, 309.39 feet along the North line of said Lot 2 to a
point, common to Lots 1 and 2 of said Subdivision; thence along a line
common to said Lots 1 and 2, South 00°00'32" East, 175.88 feet to a
point; thence North 89°59'28" East, 189.00 feet to a point on the
Centerline of said North Linder Road; thence along said Centerline, South
00°00'32" East, 102.84 feet to the POINT OF BEGIlVNING.
Said Parcel contains 104,594 sq. ft. or 2.40 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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