HomeMy WebLinkAboutParkstone Sub AZ 02-033
WHITE PETERSON
PHILIP A. PETERSON
ERICA S. PHILLIPS
ERIc S. ROSSMAN
TODD A. ROSSMAN
DAVID M. SWARTLEY
PAMELAJ. TARLOW
TERRENCE R. WHITE.....
NICHOLAS L. WOLLEN
ArrORNEYSAT LAw
WHITE, PETERSON, MORROW, GIGRAY, ROSSMAN, NYE & ROSSMAN, P.A.
KEVIN E. DINIUS
JULIE KLEIN FISCHER
WM. F. GIGRAY, In
T. GUY HALLAM"
D. SAMUEL JOHNSOK
WILLlMl A. MORROW
WILLIAM F. NLCHOLS*
CHRISTOI'HERS. NYE
. Also admitted in OR
** Also admitted in
WA
April 3, 2003
William G. Berg, Jr., City Clerk
MERIDIAN CITY HALL
33 East Idaho
Meridian, Idaho 83642
NAMPAOFFICE
5700 E. FRANKLIN RD.,
SUITE 200
NAMPA, IDAHO 83687.8402
TEL. (208) 466-9272
FAX (208) 466-4405
RECEIVED
APR - ~ 2003
g~ty Of Meridian
lty Clerk Office
Re: HILLVIEW DEVELOPMENT / ANNEXATION AND ZONING FINDINGS! AZ DEVELOPMENT
AGREEMENT! AZ ORDINANCE & CERTIFICATION OF CLERK! SUMMARY AZ
ORDINANCE AND SUMMARY ORDINANCE COVER LETTER! AZ-02-033
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 April I, 2003, and which
are on an upcoming Council agenda. I have also attached the original of the Development Agreement for
the owner(s) and/or developer(s) signatures. After the Council meetine;, if Council approves the Findings of
Fact and Conclusions of Law for the above matter, then the Findmgs will need to be attached to the
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 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 be passed until the Findinl!:s of Fact and Conclusions of Law and Decision and
Order Grantinl!: 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 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.
yyO~
i hols
Dear Will:
~.
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CITY OF MERIDIAN
ORDINANCE NO. 03-
AN ORDINANCE FINDING THAT, TOM E. DAVIS AND SUE C. DAVIS, HUSBAND AND WIFE,
THE OWNERS OF CERTAIN REAL PROPERTY GENERALLY LOCATED WEST OF NORTH
EAGLE ROAD AND NORTH OF EAST USTICK ROAD, MERIDIAN, TO BE KNOWN AS
P ARKS TONE 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 amIexation to
the City of Meridian, Idaho, by the owner of said Property, to-wit:
A parcel ofland located in the E 1/2 ofthe SW Y. and the W \I, of the SE Y. of Section
32, TAN., R. lE., B.M., Ada County, Idaho, more particularly described as follows:
Commencing at the section comer common to Sections 31 and 32 of said T. 4N., R.
IE., and Sections 5 and 6 ofT. 3N., R. IE., B.M.;
Thence North 89043'17" East, 1991.44 feet on the section line common to said
Sections 32 and 5 to the REAL POINT OF BEGINNING;o
ANNEXATION AND ZONING ORDINANCE (AZ-02-033) I
Thence North 00001' 19" West, 2652.73 feet on the westerly boundary line ofthe East
y, of the SE y. of the SW Y. of said Section 32, a portion of said line also being on the
easterly boundary line of Summerfield Subdivision Number 3, as same is shown on
the Plat thereof recorded in Book 69 of Plats at pages 7047 and 7048 of Ada County
Records, to a point on the east-west mid-section line of said Section 32;
Thence North 89054'10" East, 573.09 feet (formerly described as North 84042' East,
573.4 feet) on the east-west mid-section line of said Section 32, said line also being
the southerly boundary line of Heritage Subdivision Number 2, as same is shown on
the plat thereof recorded in Book 23 of Plats at pages 1452 and 1453 of Ada County
Records, to a point on the westerly boundary line of Jasmine Acres, a Subdivision, as
same is shown on the plat thereof recorded in Book 59 of Plats at Page 5829 and 5830
of Ada County Records;
Thence on the westerly boundary line of said Jasmine Acres for the following courses
and distances;
South 13005'58" East, 107.12 feet;
Thence South 29045'58" East, 43.30 feet;
Thence South 53012'58" East, 164.80 feet;
Thence South 65026' 58" East, 111.00 feet;
Thence South 66008'58" East, 283.70 feet;
Thence South 78020'58" East, 160.90 feet;
Thence South 70046'58" East, 121.50 feet;
Thence South 63003'58" East, 177.50 feet;
Thence South 48010'58" East, 154.02 feet to an angle point in the boundary line of
said Jasmine Acres;
Thence leaving the westerly boundary line of Jasmine Acres, South 48010'58" East,
44.58 feet;
Thence South 32010'58" East, 201.40 feet;
Thence South 45023 '58" East, 99.30 feet;
Thence South 2r05'58" East, 267.80 feet;
Thence South 01000'28" East, 152.80 feet (formerly described as South 0022' West,
159.2 feet) to the southeast comer of the NW Y. of the SE Y. of said Section 32;
Thence South 0000 I '23" East, 1326.17 feet to a point on the Section line common to
said Sections 32 and 5, said point being the southeast corner of the SW Y. of the SE Y.
of said Section 32;
Thence South 89043'57" West, 1328.23 feet on the section line common to said
Sections 32 and 5 to the Y. Section comer common to said Sections 32 and 5;
Thence South 89043'17" West, 663.82 feet on the section line common to said
Sections 32 and 5 to the real point of beginning. Said parcel contains 104.77 acres
more or less.
ANNExATION AND ZONING ORDINANCE (AZ-02-033) 2
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 ofthe 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 aunulled.
SECTION 6: This ordinance shall be in full force and effect from and after its passage, approval
and publication, according to law.
SECTION 7: Th,e 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 mauner 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-~it: 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 S63-2215 and S50-223.
ANNEXATION AND ZONING ORDINANCE (AZ-02-033) 3
PASSED BY THE COUNCIL OF THE CITY OF MERIDIAN, IDAHO, this
,2003.
day of
APPROVED BY THE MAYOR OF THE CITY OF MERIDIAN, IDAHO, this
,2003.
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:
STATE OF IDAHO,)
: ss.
County of Ada )
On this day of , 2003, 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, IdalIa, 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 EXPIRES:
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ANNEXATION AND ZONING ORDINANCE (AZ-02-033) 4
WHITE PETERSON
WHITE, PETERSON, MORROW, GIGRA Y, ROSSMAN, NYE & ROSSMAN, P.A.
KEVIN E. DINIUS
JUUE KLEIN FiSCH.ER.
WM.F.GtGRAY,JU
T. GliY HALLAM.
D. SAMUEL JlliNSQN
WILLIAM A. MORROW
WILLIAM F. NICHOLS*
CHRJSTOPHER S. NVE
PHILIP A. PETERSON
ERJCA S. PHH..LIPS
ERIC S. ROSSMAN
TODD A ROSSMAN
DAVID M. SWARTLEY
PAMELA J. TARLOW
TEkRENCER- WHrrE**
NICHOLAS L WOLLEN
ATTORNEYS AT LAW
NAMPA OFFICE
5700 E. FRANKLIN RD.,
SUITE 200
NAMPA,IDAHO 83687-8402
TEL. (208) 466~9272
FAX (208) 466-4405
* Also admitted in OR
.. Also admitted in W A
PLEASE REPLY TO
NAMP A OFFlCE
April 3, 2003
William G. Berg, Jr.
City of Meridian
33 E. Idaho
Meridian, Idaho 83642
RECEIVED
APR - ~ 2003
City Of Meridian
City Clerk Office
Re: Ordinance No. 03-_, (Tom E. and Sue C. Davis) 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 Tom and Sue
Davis, 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 9 50-901(A). .
71t
Enclosure
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NOTICE AND PUBLISHED SUMMARY
OF ORDINANCE PURSUANT TO I.C. ~ 50-901(A)
CITY OF MERIDIAN ORDINANCE NO. 03-
PROVIDING FOR AN ANNEXATION AND ZONING ORDINANCE
An Ordinance of the City of Meridian granting annexation and zoning for land owned by
Tom E. Davis and Sue C. Davis, to be known as Parkstone Subdivision, consisting of
104.77 acres and commonly located on the north side of Us tick Road, Y, mile west of
Eagle Road, Meridian, with a zoning designation ofR-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.
Legal Description
A parcel ofland located in the E 1/2 of the SW V. and the W Y, ofthe SE
V. of Section 32, TAN., R. IE., B.M., Ada County, Idaho, more
particularly described as follows:
Commencing at the section comer common to Sections 31 and 32 of said
T. 4N., R. IE., and Sections 5 and 6 ofT. 3N., R. IE., B.M.;
Thence North 89043' 17" East, 1991044 feet on the section line common to
said Sections 32 and 5 to the REAL POINT OF BEGINNING;
Thence North 00001 '19" West, 2652.73 feet on the westerly boundary line
of the East Y, of the SE V. of the SW V. of said Section 32, a portion of
said line also being on the easterly boundary line of Summerfield
Subdivision Number 3, as same is shown on the Plat thereof recorded in
Book 69 of Plats at pages 7047 and 7048 of Ada County Records, to a
point on the east-west mid-section line of said Section 32;
Thence North 89054'10" East, 573.09 feet (formerly described as North
84042' East, 57304 feet) on the east-west mid-section line of said Section
32, said line also being the southerly boundary line of Heritage
Subdivision Number 2, as same is shown on the plat thereof recorded in
Book 23 of Plats at pages 1452 and 1453 of Ada County Records, to a
point on the westerly boundary line of Jasmine Acres, a Subdivision, as
same is shown on the plat thereof recorded in Book 59 of Plats at Page
5829 and 5830 of Ada County Records;
Thence on the westerly boundary line of said Jasmine Acres for the
following courses and distances;
South 13 005' 5 8" East, 107.12 feet;
Thence South 29045'58" East, 43.30 feet;
Thence South 53012'58" East, 164.80 feet;
Thence South 65026' 58" East, 111.00 feet;
Thence South 66008'58" East, 283.70 feet;
Thence South 78020'58" East, 160.90 feet;
Thence South 70046'58" East, 121.50 feet;
Thence South 63003'58" East, 177.50 feet;
Thence South 48010'58" East, 154.02 feet to an angle point in the
boundary line of said Jasmine Acres;
Thence leaving the westerly boundary line of Jasmine Acres, South
480 I 0' 58" East, 44.58 feet;
Thence South 32010'58" East, 201.40 feet;
Thence South 45023'58" East, 99.30 feet;
Thence South 27005'58" East, 267.80 feet;
Thence South 01000'28" East, 152.80 feet (formerly described as South
0022' West, 159.2 feet) to the southeast corner of the NW Y. of the SE Y.
of said Section 32;
Thence South 00001 '23" East, 1326.17 feet to a point on the Section line
common to said Sections 32 and 5, said point being the southeast corner of
the SW Y. of the SE Y. of said Section 32;
Thence South 89043'57" West, 1328.23 feet on the section line common
to said Sections 32 and 5 to the Y. Section corner common to said Sections
32 and 5;
Thence South 89043' 17" West, 663.82 feet on the section line common to
said Sections 32 and 5 to the real point of beginning. Said parcel contains
104.77 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: Willian! G. Berg, Jf., City Clerk
First Reading:
Adopted after fust reading by suspension of the Rule as allowed pursuant to IdalIo Code
50-902: YES NO
Second Reading:
Third Reading:
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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 ofthe 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, )
: 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:
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CERTlFICA TlON OF THE CITY CLERK OF THE CITY OF MERIDIAN
AZ-02-033