HomeMy WebLinkAboutCastlebrook Sub No 2 AZ 02-031
WHITE PETERSON
WHITE, PETERSON, MORROW, GIGRAY, ROSSMAN, NYE & ROSSMAN, P.A.
KEvIN E. DINIUS
JvuEKLmNFISCHER
WM. F. GIGRAY, III
T. GUY HALLAM*
D. SAMUELJOHNSON
WILLlAMA. MORROW
WU.LlAMF. NICHOiS'
CHRISTQPHERS. NYE
PHllJP A PE'I'ERSON
ERICAS. PHILliS
ERIC S. RosSMAN
TODOA. RoSSMAN
DAVIDM.SWARTI..EY
PAMEl.AJ. TARLOW
TERRENCER. WHITE**
NICHOWL. WOLLEN
ATTORNEYS AT LAw
NAMPAOFFICE
5700 E. fRANKLWRD.,
SUITB200
NAMPA, IDAHO 83653-8402
TEL. (20B) 466-9272
FAX (208) 466-4405
* Also admitted in OR
...+ Also admitted in
WA
RECEIVED
APR 2 + 2003
qty OfMeridi
CIty Clerk om:
April 18, 2003
William G. Berg, Jr., City Clerk
MERIDIAN CITY HALL
33 East Idaho
Meridian, Idaho 83642
Re: CRESTLINE DEVELOPMENT, LLC I ANNEXATION AND WNING FINDINGS I AZ
ORDINANCE & CERTIFICATION OF CLERK I SUMMARY ORDINANCE AND SUMMARY
ORDINANCE COVER LETTER I AZ-02-031
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 fer instructions from the Council meeting of April 15, 2003, and which
are on an upcoming Counci agenda.
Also, please find enclosed the above AZ Ordinance and the Certification of the Clerk
for the annexation and zoning for the City of Meridian . Mter 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 Grantin!! Application for Rezone are adopted. Additionally, I have enclosed a SunImary
Ordinance and the cover letter, which SunImary 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.
Very truly yours,
Wm. F. Nichols
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OJ.doc
CITY OF MERIDIAN
ORDINANCE NO. 03-
AN ORDINANCE FINDING THAT, GREAT OAKS WATER COMPANY, INC., THE OWNER OF
CERTAIN REAL PROPERTY GENERALLY LOCATED AT 4000 WEST PINE AVENUE, EAST OF
BLACK CAT ROAD, AND SOUTH OF WEST CHERRY LANE, MERIDIAN, TO BE KNOWN AS
CASTLEBROOK SUBDIVISION NO.2 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; ANDTHAT 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:
A parcel ofland located in the S Y2 ofthe NW y., and the SW Y. of the NE Y. of
Section 10, T. 3N., R. lW., B.M., Ada County, Idaho, more particularly described as follows:
Commencing at the Y. section comer common to Sections 9 and 10 of said T. 3N.,
R.IW.;
ANNEXATION AND ZONING ORDINANCE (AZ-02-031)
PAGE 1 OF 4
Thence South 89031 '20" East, 1318.06 feet on the east-west mid-section line of said
Section 10, to the southwest comer of the SE Y. of the NW Y. of said Section 10, said point being the
REAL POINT OF BEGINNING;
Thence North 00005' 56" East, 1205.29 feet on the westerly boundary line of said SE
Y. of the NW Y. to the southerly boundary line of the Ten Mile Drain;
Thence North 44033'47" West, 169.77 feet to a point on the northerly boundary line
of the SW Y. of the NW Y. of said Section 10;
Thence South 89031 '00" East, 118.09 feet on the northerly boundary line of said SW
Y. of the NW Y. to a point on a curve on the northerly Easement line. of the Ten Mile Drain, as said
Easement is described in Easement Deed to U.S.A., recorded as InstrunIent No. 64554, in Book 121
of Deeds at Page 23 of Ada County Records;
Thence 66.39 feet along the arc of a curve to the left, said curve having a radius of
83.20 feet, a central angle of 45043 '20" and a chord distance of 64.65 feet which bears South
56057'20" East, on the northerly easement line of the Ten Mile Drain;
Thence on the northerly easement line of said Ten Mile Drain, said line being 60.00
feet northerly of and parallel with the centerline of said Ten Mile Drain as described in said
InstrunIent Number 64554, for the following courses;
South 79049'00" East, 1305.50 feet to a point of curve;
Thence 139.21 feet along the arc of a curve to the right, said curve having a radius of
346.50 feet, a central angle of2300l '06" and a chord distance of 138.27 feet which bears South
68018'27" East;
Thence South 56047'00" East, 245.73 feet;
Thence leaving said northerly Easement line, South 01004'00" West, 887.17 feet to a
point on the east-west mid-section line of said Section 10;
Thence North 89031 '53" West, 340.60 feet (formerly described as westerly) on said
east-west mid-section line to the Center Y. Section comer of said Section 10;
Thence continuing North 89031 '53" West, 1317.16 feet (formerly described as
westerly, 1282 feet) on said east-west mid-section line to the real point of beginning. Said parcel
contains 44.03 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).
ANNEXATION AND ZONING ORDINANCE (AZ-02-031)
PAGE 2 OF 4
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) 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 ofthe 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 ofIdaho, all in compliance with Idaho
Code ~63-2215 and ~50-223.
ANNEXATION AND ZONING ORDINANCE (AZ-02-031)
PAGE30F4
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 Wldersigned, 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 hereWlto 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-02-031)
PAGE40F4
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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 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. 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 ofthe 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 instrunIent, 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\Meridian 15360M\Castlebrook Sub No.2 AZ 02 031 pp 02 032 V AR 03 005\CertificationOfClerkOrd.doc
CERTIFICATION OF THE CITY CLERK OF THE CITY OF MERIDIAN
AZ-02-031
PAGE 1 ofl
WHITE PETERSON
WHITE, PETERSON, MORROW, GIGRAY, ROSSMAN, NYE & ROSSMAN, P.A.
KEvIN E. DINIUS
JULIE KLEIN FISCHER
WM. F. GIGRAY, III
T. GUY HALLAM'"
D.SAMUELJOHNSON
WILLIAM A. MORROW
WlLLlAMF. NICHOLS'"
C~TOPHERS.NYE
PHILIP A. PETERSON
ERICA S. PHIUIPS
ERIC S. RoSSMAN
TODD A. ROSSMAN
TERRENCE R WHITE..
NICHOLAS 1. WOlLEN
ATTORNEYS AT LAW
NAMP A OFFICE
5700 E. FRANKLIN RD.,
SUITE 200
NAMP A, IDAHO 83653-8402
TEL. (208) 466-9272
FAX (208) 466-4405
"'Also admitted in OR
.. Also admitted in W A
April 18, 2003
William G. Berg, Jr.
City of Meridian
33 E. Idaho
Meridian, Idaho 83642
Re: Ordinance No. 03-_, (Great Oaks Water Company, Inc.) 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 Great Oaks
Water Company, Inc., pursuant to the City's action. I do hereby advise the City, and make this
statement, that said SunImary 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).
Very truly yours,
Wm. F. Nichols
Enclosure
Z:\WorkIMlMeridianlMeridian ISJ60MlCastlebrook Sub No.2 AZ 02 031 PP 02 OJ2 VAR03 OOS\Berg Sum Ord Ltr 0418 OJ.doc
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 ofthe City of Meridian granting annexation and zoning for land owned by
Great Oaks Water Company, Inc., to be known as Castlebrook Subdivision No.2,
consisting of39.05 acres and commonly located at 4000 West Pine Avenue, East of
Black Cat Road and South of West Cherry Lane, 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.
Legal Description
A parcel ofland located in the S Y, of the NW y., and the SW Y. of the NE
y. of Section 10, T. 3N., R. I W., B.M., Ada County, Idaho, more particularly described
as follows:
Commencing at the Y. section comer common to Sections 9 and 10 of said
T. 3N., R.l W.;
Thence South 89031 '20" East, 1318.06 feet on the east-west mid-section
line of said Section 10, to the southwest comer of the SE Y. of the NW Y. of said Section
10, said point being the REAL POINT OF BEGINNING;
Thence North 00005'56" East, 1205.29 feet on the westerly boundary line
of said SE Y. of the NW Y. to the southerly boundary line of the Ten Mile Drain;
Thence North 44033'47" West, 169.77 feet to a point on the northerly
boundary line of the SW Y. of the NW Y. of said Section 10;
Thence South 89031 '00" East, 118.09 feet on the northerly boundary line
of said SW Y. of the NW Y. to a point on a curve on the northerly Easement line of the
Ten Mile Drain, as said Easement is described in Easement Deed to U.S.A., recorded as
Instrument No. 64554, in Book 121 of Deeds at Page 23 of Ada County Records;
Thence 66.39 feet along the arc of a curve to the left, said curve having a
radius of 83.20 feet, a central angle of 45043 '20" and a chord distance of 64.65 feet
which bears South 56057'20" East, on the northerly easement line ofthe Ten Mile Drain;
Thence on the northerly easement line of said Ten Mile Drain, said line
being 60.00 feet northerly of and parallel with the centerline of said Ten Mile Drain as
described in said Instrument Number 64554, for the following courses;
South 79049'00" East, 1305.50 feet to a point of curve;
Thence 139.21 feet along the arc of a curve to the right, said curve having
a radius of346.50 feet, a central angle of23001 '06" and a chord distance of 138.27 feet
which bears South 68018'27" East;
Thence South 56047'00" East, 245.73 feet;
Thence leaving said northerly Easement line, South 01004'00" West,
887.17 feet to a point on the east-west mid-section line of said Section 10;
Thence North 89031 '53" West, 340.60 feet (formerly described as
westerly) on said east-west mid-section line to the Center Yo Section comer of said
Section 10;
Thence continuing North 89031 '53" West, 1317.16 feet (formerly
described as westerly, 1282 feet) on said east-west mid-section line to the real point of
beginning. Said parcel contains 44.03 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 ofthe Rule as allowed pursuant to Idaho Code
50-902: YES NO
Second Reading:
Third Reading:
Z:\WorklMlMeridianlMeridian ISJ60M\Castlebrook Sub No.2 AZ 02 OJ 1 pp 02 032 V AR OJ OOS\SUMANNEXZONGORD.doc