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HomeMy WebLinkAboutTimberfalls Sub AZ 03-003WHITE PETERSON WHITE, PETERSON, MORROW, GIGRAY, ROSSMAN, NYE & ROSSMAN, P.A. KEVIN E. DINIUS PHILIP A. PETERSON JULIE KLEIN FISCHER ERICA S. PHILLIPS Wm. F. GIGRAY, III ERIC S. ROSSMAN T. Guy HALLAW Tomo A. RossNAN D. SpMUELJOHNSON TEREENCER.WHITE— WILLIAMA.MORROW NICHOLAS L. WOLLEN WILL" F. NICHoLs` CHRISTOPHER S. NYE 'Also admitted in OR Also admitted in WA ATTORNEYS AT LAW April 28, 2003 NAMPA OFFICE 5700 E. FRANxLtR RD, SUI'I'E200 NAATA, IDAHO 83687-8402 TEL. (208)466-9272 FAX(208)4664405 RECEIVED MAY - 12003 William G. Berg, Jr., City Clerk City Of Meridian MERIDIAN CITY HALL City Clerk Office 33 East Idaho Meridian, Idaho 83642 Re: DAN WOOD / ANNEXATION AND ZONING FINDINGS / AZ ORDINANCE & CERTIFICATION OF CLERK / SUMMARY ORDINANCE AND SUMMARY ORDINANCE COVER LETTER / AZ - 03 -003 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 asper instructions from the Council meeting of April 22, 2003, and which are on an upcoming Council 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. After the Findings of Fact and Conclusions have been adopted, then please place this ordinance on the City Council agenda. This ordinance urger q. ranting Application ror Kezone are agoptea. Aaamonany, I nave encloses a Summa Ordinance and the cover letter, which Summary Ordinance will need to be presented to the Coun 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. ichor s Z:\Work1M\Meridian\Meridian 153601VI\Timberfalls Sub AZ 03 003 PP 03 002`FFCL and ORD and SUM ORD Clerk Ltr 04 28 03.doo CITY OF MERIDIAN ORDINANCE NO. 03 - AN ORDINANCE FINDING THAT, WANDA STEWART, THE OWNER OF CERTAIN REAL PROPERTY GENERALLY LOCATED ON THE SOUTH SIDE OF USTICK ROAD, APPROXIMATELY''/z MILE WET OF LOCUST GROVE ROAD, MERIDIAN, TO BE KNOWN AS TIMBERFALLS 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: A portion of Section 6, T.3N., RAE., B.M., Ada County, Idaho more particularly described as follows: Commencing at the Northwest corner of Section 6, T.3N, RAE., B.M., Ada County, Idaho, thence ANNEXATION AND ZONING ORDINANCE (AZ -03-003) PAGE 1 OF 4 S 89034'26" E 2406.55 feet to the North'/4 corner of Section 6, T.3N., R.IE., which is the point of beginning, thence S 00020'24" W 558.48 feet, thence S 00020'24" W 74.82 feet, thence S 62039'43" E 216.39 feet, thence N 86018'53" E 125.14 feet, thence S 63017'22" E 140.07 feet, thence S 36003'56" E 200.16 feet, thence S 54°45'53" E 100.10 feet, thence N 89057'20" E 186.07 feet, thence N 00025'05" E 751.91 feet, thence N 89046'40" W 192.00 feet, thence N 00025'05" E 251.88 feet, thence N 89046'40" W 639.46 feet to the point of beginning. Contains 14.68 acres. 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 -03-003) PAGE 2 OF 4 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 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 -03-003) PAGE 3 OF 4 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, 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: Z:\Work\M\Meridian\Meridian 15360WTunberfalis Sub AZ 03 003 PP 03 002AZOrd.doc ANNEXATION AND ZONING ORDINANCE (AZ -03-003) PAGE 4 OF 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 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. STATE OF IDAHO, ) SS. County of Ada, WILLIAM G. BERG, JR. 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: ZAWorklMVMeridimWeridian 15360NCTimberfalls Sub AZ 03 003 PP 03 002`Certificadon0fC1erk0rd.dm CERTIFICATION OF THE CITY CLERK OF THE CITY OF MERIDIAN AZ -03-003 WHITE PETERSON WHITE, PETERSON, MORROW, GIGRAY, ROSSMAN, NYE & ROSSMAN, P.A. KEVIN E. DINWS PHILIP A. PETERSON JULIE KLEIN FISCHER ERICA S. PLRLLIPS WM. F. GIGRAY, III ERIC S. Ro55MAN T. GUY HALLAM' TODD A. ROSSMAN D. SAMUEL JOHNSON TERRENCE R. WHITE" WILLIAM A. MORROW NICHOLAS L. WOLLEN WILLIAM F. Ntmou- CHRISTOPHER S. NYE "Also admitted in OR " Also dmilled m WA William G. Berg, Jr. City of Meridian 33 E.Idaho Meridian, Idaho 83642 ATTORNEYS AT LAW April 28, 2003 NAMPA OFFICE 5700 E. FtuNl RD., SUITE 200 NAWA, IDAHO 83687-8402 TEL. (208) 466-9272 FAX (208) 4664405 Re: Ordinance No. 03-_, (Wanda Stewart) 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 Wanda Stewart, 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). A P-; IsA-1 Enclosure Z:%WorkWW eridiaHUleridiEa I5360NI Timberfalls Sub AZ 03 003 PP 03 002Berg Sum Ord Ltr 04 28 03.dm 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 Wanda Stewart, to be known as Timberfalls Subdivision, consisting of 14.31 acres and commonly located on the south side of Ustick Road, approximately ''/z mile west of Locust Grove 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. Legal Description A portion of Section 6, T.3N., R.IE., B.M., Ada County, Idaho more particularly described as follows: Commencing at the Northwest corner of Section 6, T.3N., R.IE., B.M., Ada County, Idaho, thence S 89034'26" E 2406.55 feet to the North ''/< corner of Section 6, T.3N., R.IE., which is the point of beginning, thence S 00020'24" W 558.48 feet, thence S 00020'24" W 74.82 feet, thence S 62039'43" E 216.39 feet, thence N 86018'53" E 125.14 feet, thence S 63017'22" E 140.07 feet, thence S 36003'56" E 200.16 feet, thence S 54045'53" E 100.10 feet, thence N 89057'20" E 186.07 feet, thence N 00025'05" E 751.91 feet, thence N 89046'40" W 192.00 feet, thence N 00025'05" E 251.88 feet, thence N 89046'40" W 639.46 feet to the point of beginning. Contains 14.68 acres. 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 12003. 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:1Work\M\MeridimN4eridim 15360M\Timberfalls Sub AZ 03 003 PP 03 0021SUMANNEXZONGORD.doc