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HomeMy WebLinkAboutMeridian Storage AZ 01-016RECEIVED MAY - 71003 REVM E. D1NIxs JuuE KLEIN FISCHER WM. F. GIGRAY, III T. GuY HALLAM' D. $AMUELJOHN90N W]LLUm A. IvIORROw WiLLW.t F. Nlcxots* CHRISTOPHER S. NYE 'Also admitted in OR '" Also admitted in WA WHITE PETERSON City Of Meridian City Clerk Office WHITE, PETERSON, MORROW, GIGRAY, ROSSMAN, NYE & ROSSMAN, P.A. PHILLPA. PETBRSON ERICA $. PHILLIPS ERIC $. ROSSMAN ToonA. R033mAN DAVHI M.$WARTLEY PAmewJ. TARLOW TERRENCE R. WHCCE"' NICHOLASL WOLLEN ATTORNEYS AT LAW NAMPA OFFICE 5700 E. FRANKLIN Rn, StmE 200 NAMPA, IDAHO 83687-6402 TEL. (208)466-9272 FAX (208) 466-0405 May 6, 2003 William G. Berg, Jr., City Clerk MERIDIAN CITY HALL 33 East Idaho Meridian, Idaho 83642 Re: QUEENLAND ACRES, INC. / AZ ORDINANCE & CERTIFICATION OF CLERK /SUMMARY ORDINANCE AND SUMMARY ORDINANCE COVER LETTER / AZ-O1-016 Dear Will: Please find enclosed the above AZ Ordinance and the Certification of the Clerk for the annexation and zoning for the City of Meridian. Even though the owner did not change on the ordinance, I have prepared a new Annexation and Zoning Ordinance to update the ordinance with our new language. 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. The Annexation and Zoning Findings ofFact and Conclusions of Law were approved back on January 2, 2002. You are already in possession of the Development Agreement, which was emailed to your office on May 5, 2003. If you have any questions arise, please advise. Very truly yours Ich Z:1 WorkVvllMeridianlMeridian 15360M`CobblefieldCrossing SubAZ-02-024 PP-02-022 CUP-02-0321FFCL and ORD and SUM ORD Clerk Ltr 0124 03.doc CITY OF MERIDIAN ORDINANCE NO.03- AN ORDINANCE FINDING THAT, QUEENLAND ACRES, INC., IS THE OWNER OF CERTAIN REAL PROPERTY GENERALLY LOCATED SOUTH OF WEST OVERLAND ROAD AND WEST OF SOUTH MERIDIAN ROAD, MERIDIAN, 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 GENERAL RETAIL AND SERVICE COMMERCIAL DISTRICT (C-G); 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 located in the NE '/o of the NE '/< of Section 24, Township 3 North, Range 1 West, Boise Meridian, Ada County, Idaho, more particularly described as follows: BEGINNING at a 518 inch diameter iron pin marking the northwesterly corner of said NE'/4 of the NE'/4 (E 1 /16 corner), from which a brass cap monument marking the northeasterly comer of said NE Ya of the NE '/4 (section corner) bears N 89°21' 19" E a distance of 1309.40 feet; Thence N 89°21' 19" E along the northerly boundary of said NE '/4 of the NE '/< a distance of 450.00 feet (of record as S 89° 12' W a distance of 450.00 feet) to a 5/8 inch diameter iron pin; ANNEXATION AND ZONING ORDINANCE (AZ-O1-016) - 1 Thence leaving said northerly boundary S 3 °59' S4" W a distance of 755.96 feet (of record as N 4° 19' E a distance of 758.35 feet) to a chiseled cross in a concrete wall; Thence S 89°21' 19" W a distance of 395.78 feet (of record as N 89°12' E a distance of 393.40 feet) to a 5/8 inch diameter iron pin on the westerly boundary of said NE `/4 of the NE `/4; Thence N 0°06'51" W along said westerly boundary a distance of 753.51 feet (of record as SOUTH a distance of 753.50 feet) to the POINT OF BEGINNING. This parcel contains 7.32 acres and is subject to any easements existing or in use SECTION 2: That the above-described real propertybe, 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 General Retail And Service Commercial District (C-G). 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: The zoning designation set forth in Section 3 of this ordinance is subject to the terms and conditions of that certain Development Agreement by and between the City of Meridian. and the owner of the land described in Section 1 dated the day of ,and that the uses are to be developed under the planned unit development process and conditional use permit process. SECTION 6: All ordinances, resolutions, orders or parts thereof in conflict herewith are hereby repealed, rescinded and annulled. SECTION 7: 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-O1-016) - 2 SECTION 8: The Clerk of the City of Meridian shall, within ten (10) days following the effective date of this ordinance, duly file a certified copy ofthis 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 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-O1-016) - 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 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 EXPIRES: ZiWorkNM1lMeridianHvIeridian 16360MN5eridian Storage AZ-Ol-016 CUPOI-032WZOrd.doc ANNEXATION AND ZONING ORDINANCE (AZ-O1-016) - 4 Q 3 ~ z~ ~ ° O ~ O ~ W~~ W U i ~~~ O ~ as Nvwiaaw-vNnN o y °_ y ~ ~ ~ Z U N F W~ U~ ~a anoo ~ ~ O w ~ a ~ g uA3noo ~ ~ ~ i J 9 5 S 5 L w R II ~•yy ~pp ~ W OI I O ~ I Nr w ~ N b Z ~ ~ 00°OB'S1'1N U' 753.51' LL2 OZ W O am z N U Q O 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 teue 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, 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\MN4eridianU~Ieridian I6360M~Meridian Srorege AZOI-016 CUP01-032\CertificationOfClerkOrd OS 06 03.do: CERTIFICATION OF THE CITY CLERK OF THE CITY OF MERIDIAN AZ-O1-016 PAGE 1 OF 1 WHITE PETERSON WHITE, PETERSON, MORROW, GIGRAY, ROSSMAN, NYE & ROSSMAN, P.A. KEVin E. DWNR PHU.IP A. PErFxsON IULIE KLEIN FISCHER ERICA $. PHILLIPS WM. F. GIGAAY, lu Ewc S. ROSSMAN T. GVY HALLAM" TODD A. ROSSMAN D. SAMUEL IOMJSON TERRENCE R. WwrE"" WILLIAM A. MORROW NICHOLAS L. W OLLIN WILLIAM F. NICHOLS" CHRISTOPHER S. NYE ATTORNEYS AT LAW NAMPA OFFICE 5700 R FRANRLw RD., SurrE 200 NAMPA, IDAHO 83687-8402 TEL. (208)466-9272 FAX (208)466-4405 "Also admitted m OR sr Also admitted in WA William G. Berg, Jr. City of Meridian 33 E. Idaho Meridian, Idaho 83642 May 6, 2003 PLEASE REPLY SO NAMPA OFFICE Re: Ordinance No. 03-_, (Queenland Acres, 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 Queenland Acres, Inc., 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 Wm. Enclosure Z:1WorkWlUAeridianVvleridian 15360MW1eridian Srorage AZ-O1-016 CUP01-032~Berg Sum Ord LV OS 06 03.doc NOTICE AND PUBLISHED SUMMARY OF ORDINANCE PURSUANT TO LC. § 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 Queenland Acres, Inc., consisting of 7.32 acres and commonly located south of West Overland Road and west of South Meridian Road, Meridian, with a zoning designation of C-G General Retail and Service Commercial; 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 located in the NE '/4 of the NE '/< of Section 24, Township 3 North, Range 1 West, Boise Meridian, Ada County, Idaho, more particularly described as follows: BEGINNING at a 5/8 inch diameter iron pin marking the northwesterly comer of said NE '/a of the NE '/ (E 1/16 corner), from which a brass cap monument mazking the northeasterly corner of said NE '/ of the NE Y4 (section corner) beazs N 89°21' 19" E a distance of 1309.40 feet; Thence N 89°21' 19" E along the northerly boundary of said NE '/4 of the NE '/< a distance of 450.00 feet (of record as S 89°12' W a distance of 450.00 feet) to a 5/8 inch diameter iron pin; Thence leaving said northerly boundary S 3°59'54" W a distance of 755.96 feet (of record as N 4°19' E a distance of 758.35 feet) to a chiseled cross in a concrete wall; Thence S 89°21'19" W a distance of 395.78 feet (of record as N 89°12' E a distance of 393.40 feet) to a 5/8 inch diameter iron pin on the westerly boundary of said NE '/a of the NE Ya; Thence N 0°06'51" W along said westerly boundary a distance of 753.51 feet (of record as SOUTH a distance of 753.50 feet) to the POINT OF BEGINNING. This parcel contains 7.32 acres and is subject to any easements existing or in use. AZ-O1-016 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:1Work1MlMeridiaalMeridian 15360M1Meridian Storage AZ-0 L016 CUP040321SUMANNEXZONGORD.dac AZ-O1-016