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HomeMy WebLinkAboutWatersong Estates AZ 02-029CITY OF MERIDIAN ORDINANCE NO.03- AN ORDINANCE FINDING THAT, HOWELL-MURDOCH DEVELOPMENT CORPORATION, THE OWNER OF CERTAIN REAL PROPERTY GENERALLY LOCATED ON THE WEST SIDE OF CINDER ROAD, '/4 MILE NORTH OF USTICK ROAD, MERIDIAN, TO BE KNOWN A5 WATERSONG ESTATES SUBDIVISION AND WHICH LIES CONTIGUOUS OR ADJACENT TO THE CITY LIMITS OF THE CITY OF MERIDIAN, COUNTY OF ADA, STATE OF IDAHO; HAVE MADE A REQUEST FOR ANNEXATION IN WRITING TO THE COUNCIL; AND THAT SAID LAND BE ANNEXED TO THE CITY OF MERIDIAN AND ZONING DESIGNATED MEDIUM DENSITY RESIDENTIAL DISTRICT (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 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: HOWELL-MURDOCH DEVELOPMENT, INC. PARCEL DESCRIPTION A parcel of land as shown on ROS 5970, being part of the Northeast'/4 of the Southeast''/4 of Section 35, T.4N., R.1 W., B.M., Ada County, Idaho, and being more particularly described as follows: ANNEXATION AND ZONING ORDINANCE (AZ-02-029) - I Commencing at a found Brass Cap marking the East'/4 corner of Section 35, the POINT OF BEGINNING; thence along the Easterly boundary of said Section, South 00°14'55" West, 1,173.71 feet to a set 5/8" Iron Pin, with plastic cap stamped "Hodge PLS 8575"; thence leaving said boundary, North 89° 13'08" West, 300.41 feet to a set 5/8" Iron Pin, with plastic cap stamped "Hodge PLS 8575"; thence South 00°14'55" West, 145.00 feet to a point on the Southerly boundary of the Northeast''/o of the Southeast''/o of Section 35, marked by a set 5/8" Iron Pin, with plastic cap stamped "Hodge PLS 8$75"; thence along said boundary, North 89°13'08" West, 1,019.06 feet to the Southwest corner of the Northeast'/< of the Southeast''/o of Section 35, marked by a found 5/8" Iron Pin with plastic cap stamped "BRIGGS LS 4998"; thence along the Westerly boundary of the Northeast'/< of the Southeast'/4 of Section 35 North 00°20'40" East, 1,319.36 feet to the Northwest corner thereof, marked by a found 5/8" Iron Pin with plastic cap stamped "BRIGGS LS 4998"; thence along the Northerly boundary of the Northeast'/< of the Southeast''/a of Section 35, South 89°11'23" East, 1,317.27 feet to the POINT OF BEGINNING. Said parcel containing 1,695,353.04 square feet (38.42 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 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. ANNEXATION AND ZONING ORDINANCE (AZ-02-029) - 2 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 prepazed 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 , 2003. APPROVED BY THE MAYOR OF THE CITY OF MERIDIAN, IDAHO, this day of 2003. 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-02-029) - 3 STATE OF IDAHO,) County of Ada ss. On this day of , 2003, before me, the undersigned, a Notary Public in and for said State, personally appeazed 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. 1N WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year first above written. (SEAL) MY COMMISSION EXPIRES: NOTARY PUBLIC FOR IDAHO RESIDING AT: Z:\WorklMlMeridian\Meridianl5360M\Wa[ersmg Esta[es AZ-02-029 PP-02-030WZOrd.doc ANNEXATION AND ZONING ORDINANCE (AZ-02-029) - 4 U Z W O Z= w U U~ Z~ Q Z_c~ c Q' J O J C9 LLZ OZ ~z z~ Ow am ~_ Q ~ ,~yN( ~ 0 N db Z F W "~ ~ ~ ~b °- M LL ~ Z O o FW- _~ N Wf ~ ~~ 0 N m v 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. 03- ,passed by the City Council of the City of Meridian, on the day of , 2003, 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, ) County of Ada, ss. On this day of , in the year ,before me, a Notary Public, appeazed 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: CERTIFICATION OF THE CITY CLERK OF THE CITY OF MERIDIAN AZ-02-029 RECEIVED APR 0 12003 City OfMeridian City Clerk Office WHITE PETERSON WHITE, PETERSON, MORROW, GIGRAY, ROSSMAN, NYE & ROSSMAN, P.A. KEV W E. DPINS PHa.m A PETERSON IUL~KLEEJ FISCHER ERICA S.PH--LBS WM. F. GIORAV, Iu Ewc S. ROSSMAN T. GUY HALLAM* TOOOAROSSMAN D. SAMUELI~JSON DAVN M.SWARTLEY WILLIAM A.MOaROW PAMELA I. TARLOW WILLIAM F. NICHOLS* 1ERRENCE R. WHrtE** CHRCiTOPHER S.NYE NICHOLASL WOLLEN ATTORNEYS AT LAW NAMPA OFFICE 5700 E. FRANRLEV Ro., Surre 200 NAMI'A, IDAHO 83687-8402 TEL. (208)466-9272 FAX (208)466-4405 *Also admitted m OA ** Also admitted in WA March 26, 2003 William G. Berg, Jr. City of Meridian 33 E. Idaho Meridian, Idaho 83642 Re: Ordinance No. 03-_, (Howell-Murdoch Development Corporation) Summary of Publication 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 Howell- Murdoch Development Corporation, 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 trul ours m. F. NIC o s Enclosure Z:1Work\M1MeridianVvleridian15360M\Wa[ersmg Es[ates AZ-02-029 PP-02-030\Berg Sum Ord Ltr 032603.doc NOTICE AND PUBLISHED SUMMARY OF ORDINANCE PURSUANT TO LC. § 50-901(A) CITY OF MERIDIAN ORDINANCE N0.03- PROVIDING FOR AN ANNEXATION AND ZONING ORDINANCE An Ordinance of the City of Meridian granting annexation and zoning for land owned by Howell-Murdoch Development Corporation, to be known as Watersong Estates Subdivision, consisting of 39.92 acres and commonly located on the west side of Linder Road, '/a mile north of Ustick Road, Meridian, with a zoning designation of R-8 Medium Density Residential; and providing for effect of invalidity; providing that all ordinances and resolutions in conflict are repealed and rescinded; and providing an effective date. Leeal Description WATERSONG ESTATES ZONE R-8 PARCEL DESCRIPTION A parcel of land as shown on ROS 5970, being part of the Northeast'/ of the Southeast''/4 of Section 35, T.4N., R.1 W., B.M., Ada County, Idaho, and being more particularly described as follows: Commencing at a found Brass Cap marking the East''/4 corner of Section 35, the POINT OF BEGINNING; thence along the Easterly boundary of said Section, South 00°14'55" West, 1,173.71 feet to a set 5/8" Iron Pin, with plastic cap stamped "Hodge PLS 8575"; thence leaving said boundary, North 89°13'08" West, 300.41 feet to a set 5/8" Iron Pin, with plastic cap stamped "Hodge PLS 8575"; thence South 00°14'55" West, 145.00 feet to a point on the Southerly boundary of the Northeast''/4 of the Southeast '/a of Section 35, marked by a set 5/8" Iron Pin, with plastic cap stamped "Hodge PLS 8575"; thence along said boundary, North 89° 13'08" West, 1,019.06 feet to the Southwest corner of the Northeast''/a of the Southeast''/a of Section 35, marked by a found 5/8" Iron Pin with plastic cap stamped "BRIGGS LS 4998"; thence along the Westerly boundary of the Northeast'/a of the Southeast '/4 of Section 35 North 00°20'40" East, 1,319.36 feet to the Northwest corner thereof, mazked by a found 5/8" Iron Pin with plastic cap stamped "BRIGGS LS 4998"; thence along the Northerly boundary of the Northeast''/a of the Southeast '/4 of Section 35, South 89° 11'23" East, 1,317.27 feet to the POINT OF BEGINNING. Said parcel containing 1,695,353.04 square feet (38.92 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 , 2003. 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:1WorkNlVvteridianVNeridian I5360M\Wa[ersong Estates AZ-02-029 PP-02-030\SUMANNEXZONGORD.doc