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HomeMy WebLinkAboutSundance Place AZ 02-016 WHITE PETERSON WHITE, PETERSON, MORROW, GIGRAY, ROSSMAN, NYE & ROSSMAN, P.A. KEVIN E. DINIUS JULIE KLEIN FiSCHER WM. F. GIQRAY, III T. GUY HALLAM' D. SAMUEL JOHNSON WILLIAM A. MORROW WD...LIAM F. NICHOLS'" CHRISTOPHER S. NYE PHILIP A. PETERSON ERICA S. PHILLIPS ERIC S. ROSSMAN TODD A. ROSSMAN DAVIDM. SWARTLEY PAMELA]. TARLOW TERRENCE R. WHITE". NICHOLAS L. WOLLEN ATTORNEYS AT LAw NAMPAOFFICE 5700 E. FRANKLIN RD., SUITE 200 N.AJ.vrPA, IDAHO 83653-8402 TEL. (208) 466-9272 FAX (208) 466-4405 830 N. MAIN STREET, SUITE 200 POST OFFICE Box 1150 MERlDtAN, IDAHO 83680-1150 TEL (208)288-2499 FAX (208) 288-250L PLEASE REPLY TO MERIDIAN OFFICE ... Also admitted in OR *'" Also admitted in W A November 5, 2002 RECEIVED NOV - 6 2002 William G. Berg, Jr., City Clerk MERIDIAN CITY HALL 33 East Idaho Meridian, Idaho 83642 City Of Meridian City Clerk Office Re: G. L. VOIGT DEVELOPMENT I ANNEXATION AND ZONING FINDINGS I AZ ORDINANCE & CERTIFICATION OF CLERK I SUMMARY ORDINANCE AND SUMMARY ORDINANCE COVER LETTER I AZ-02-016 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 October 22, 2002, and which are on the agenda for November 12,2002. 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 shonld not be passed until the Findines of Fact and Conclusions of Law and Decision and Order Grantine Application 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 COWlcil at the same time the full annexation and zoning ordinance is presented to Council for approval. If you have any questions arise, please advise. Very truly yours, Wm. F. Nichols Z:\Work\M\Meridian\Meridian 15360M\Sundance Place Sub AZ02-016 PP02-010\FFCLand OrdinanceClkdoc CITY OF MERIDIAN ORDINANCE NO. AN ORDINANCE FINDING THAT CERTAIN LAND TO BE KNOWN AS SUNDANCE PLACE SUBDIVISION LOCATED ON TIIE EAST SIDE OF MERIDIAN ROAD, Y2 MILE NORTH OF USTICK 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 TIIE CITY OF MERIDIAN AND ZONING DESIGNATED MEDIUM DENSITY RESIDENTIAL DISTRICT (R-B); 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 TIIE STATE OF IDAHO, PURSUANT TO IDAHO CODE SECTION 50-223 AND SECTION 63-2215. BE IT ORDAINED BY TIIE 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 ofMerjdian, Idaho, by the owner of said Property, to-wit: A parcel ofland located in the SW V. of Section 31, Township 4 North, Range 1 East, Boise Meridian, Ada County, Idaho, being more particularly described as follows: Commencing at the northwest comer of the SW V. of Section 31, Township 4 North, Range I East, Boise Meridian; the REAL POINT OF BEGINNING of this subdivision; ANNEXATION AND ZONING ORDINANCE (AZ-02-016) - 1 Thence S 89047'2T' E 2401.76 feet along the north line of said SW Y. to the northeast corner of said SW v.; Thence S 00045'41" W 1024.64 feet along the east line of said SW I;' to a point; Thence N 79042'42" W 299.03 feet to a point; Thence N 33020'05" W 280.71 feet to a point; Thence N 89034'05" W 1950.72 feet to a point on the west line of said SW v.; Thence N 00051 '50" E 730.76 feet along said west line to the REAL POINT OF BEGINNING of this subdivision, said parcel comprising 42.73 acres, more or less, and includes right-of-way for Meridian Road. 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 Medium Density Residential District (R-8). 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) ANNEXA nON AND ZONING ORDINANCE (AZ-02-0 16) - 2 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 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 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-02-016) - 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 10 be the Mayor and City Clerk of the CITY of Meridian, Idaho, and who executed the within instrument, and acknowledged 10 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 frrst above written. (SEAL) NOTARY PUBLIC FOR IDAHO RESIDING AT: MY COMMISSION EXPIRES: ANNEXA nON AND ZONING ORDINANCE (AZ-02-016) - 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 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, ) 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:\WorklMlMeridianIMeridian lS36(JM\Sundance PI"", Sub AZ02..{H6 PPn2-010lCe11ificali.onOlCIerkOrd.doc CERTIFICATION OF THE CITY CLERK OF THE CITY OF MERIDIAN AZ-02-OI6 WHITE PETERSON WHITE, PETERSON, MORROW, GIGRAY,ROSSMAN, NYE & ROSSMAN, P.A. KiMNE. :DINIus !UUIlK1ElN_ WM. F. GlaRAY, In T.GuY~ D. SAMU6L JOHNSON WIuJAM A MORROW WIl.uAM F. NIc:HoI8* CHIm'roPImRS. NYE PimJp A """"'""" BRIcA S. PmwPs BRIe S. ROSSMAN TaDDA RossMAN DAVIDM SWARnHY PAMELA 1. TARLOW 'l'ERRENcERWHI'J1iIt. NlcHaLAsL. WOWiN ATIORNBYS AT LAw NAMPA OFFICE 5700& FRANKuNRD., SUITE 200 NAMPA, IDAHO 83653-8402 TEL. (208) 466-9272 FAX(208)oJ66.4405 830 N. MAIN STREET, SUITE 200 PoST OFFIcE Box 1150 MBRIDIAN, IDAHO 83680-1150 TEL (208)288-2499 FAX (208)2H8-2501 PLEASE REPLy TO MERIDIAN OFFIcE .AJso admitted in OR .. Also admiUed in WA November 5, 2002 William G. Berg, Jr. City of Meridian 33 E. Idaho Meridian, Idaho 83642 Re: Ordinance No. 02-_, (G. L. Voigt Development and David Bayless) Summary ofPublicatioo 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 G. L. Voigt Development and David Bayless, 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 ~ 50-901(A). Enclosure Z:\WOJk\M\Meridian\Meridian 15360M\Sundanoe Place SUb AZ02-016 PP02-010\BergSumOrdII0502Ltr.doc NOTICE AND PUBLISHED SUMMARY OF ORDINANCE PURSUANT TO LC. * So-901(A) CITY OF MERIDIAN ORDINANCE NO. 02-_ PROVIDING FORAN ANNEXATION AND ZONING ORDINANCE An Ordinance of the City of Meridian granting annexation and zoning for land owned by G. L. Voigt Development and David Bayless, to be known as Sundance Place Subdivision consisting of 42. 72 acres with a zoning designation ofR-8 Medium 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 SW 14 of Section 31, Township 4 North, Range 1 East, Boise Meridian, Ada County, Idaho, being more particularly described as follows: Commencing at the northwest comer of the SW 14 of Section 31, Township 4 North, Range 1 East, Boise Meridian; the REAL POINT OF BEGINNING of this subdivision; Thence S 89047'27" E 2401.16 feet along the north line of said SW 14 to the northeast comer of said SW 14; Thence S 00045'41" W 1024.64 feet along the east line of said SW 14 to a point; Thence N 19042'42" W 299.03 feet to a point; Thence N 33020'05" W 280.71 feet to a point; Thence N 89034'05" W 1950.72 feet to a point on the west line of said SW14; Thence N 00051'50" E 730.76 feet along said west line to the REAL POINT OF BEGINNING of this subdivision, said parcel comprising 42.73 acres, more or less, and includes right-of-way for Meridian Road. 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:\Worl<\M\Mlridian\Meridian 15360MlSundance Place Sub AZ02-016 PPll2-OIOISUMANNEXZONGORD.doc