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HomeMy WebLinkAboutVerona Sub AZ 03-005RECEIVED MAY 2 3 2003 City of Meridian City Clerk Office WHITE PETERSON Ksv:N E.Ihenus dui,mRuBrrrFis4nis Wm.F. C~cBpv, b~ T. GUVHeu.nxt' D. SAMUBt.JOHNSON WiuaaertAMOweow WnarnartF. A'ICHO15~ CH91SfOPFIDRB. NYE "Ako admitted io OR TM Also admitted in WA WHITE, PETERSON, MORROW, G1tiRAY, ROSSMAN, NYE & ROSSMAN, P.A. PNN2PA. PerPSSON RsuaS. rwu.8s );stc3. Rnsamnx TonoA. RCSSmw TsaB~acaR Wtma" I~hraro~.nsL WouaN ATroRNEYS AT LAw NAMPA OFFICE 5700a Fxnmaw RU., 3[RTS 200 NAMPA, IDAH083687 TRI.. (208)4669272 FAX(208)46G-0405 William G. Berg, 7r., City Clerk MERIDIAN CITY HALL 33 East Idaho Meridian, Idaho 83642 May 19, 2003 Re: PRIMELAND DEVELOPMENT, LLP /ANNEXATION AND ZONING FINDINGS / AZ DEVELOPMENT AGREEMENT / AZ ORDINANC& & CERTIFICATION OF CLERK / SUMMARY AZ ORDINANCE AND SIIMMARY ORDINANCE COVER LETTER / AZ-03-0OS 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 per instructions from the Council meeting of May 13, 2003, and which are on an upcommg Council agenda. I have also attached the ori~mal ofthe Development Agreement for the owner(s)and/or developer(s) signatures. After the Council medCo~mcil approves the Findings ofFact and Conclusions of Law for the above matte, then the Findings need to be attached to the Development Agreement as Exhibit "B". After the Findings of Fact and Conclusions of Law and Decision and Order Grd»ting Application for Annexation and 7~n;ng have been adopted, please submit the Development Agreement to the owner(s) and/or developer(s) far slgnahves. Also, please find enclosed the above AZ Ordinance and the Certification of the Clerk for the amtexation 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 Order GrantinE Aoalication For liezone are aAOnted. AdWtronally, 1 nave encloseG a summary Ordinance and the cover letter, which Summary Ordinance will need to be presented to the Council at the same time the fiill annexation and zoning ordinance is presented to Council for approval. If you have any questions arise, please advise. Yo Wm. F. 1 ols Z:\WarklM~Meridi~lMeridiso 15360M1Verma Subdivision AZ-03-005 PP-03-003 CUP-03-007\FFCL DEV AGMT ORD Clerk Lh~ OS 19 03.dac CITY OF MERIDIAN ORDINANCE NO.03- AN ORDINANCE FINDING THAT, E.L. BEWS AND SHIRLEY BEWS, HUSBAND AND WIFE, THE OWNERS OF CERTAIN REAL PROPERTY GENERALLY LOCATED ON THE NORTHEAST CORNER OF W. McMILLAN ROAD AND N. TEN MILE ROAD, MERIDIAN, TO BE KNOWN AS VERONA 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 IiV 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 HERE WITH; 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 adjacentto 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 of land being a portion of the W '/x of the SW '/a of Section 26, Township 4 North, Range 1 West of the Boise Meridian, Meridian, Ada County, Idaho, more particularly described as follows: ANNEXATION AND ZONING ORDINANCE (AZ-03-005) PAGE I OF 4 Commencing at the northwest corner of the S W '/ (W '/< corner) of Section 26, T. 4N., R. 1 W., B.M., thence S 89°08'53" E 25.00 feet along the north line of said SW '/< to a point on the east right-of--way of N. Ten Mile Road, the REAL POINT OF BEGINNING of this description. Thence continuing S 89°08'53" E 1283.33 feet along said north line to the northeast corner of the W % of said SW ''/a; Thence S 00°29'44" W 2603.06 feet along the east line of said W % of the S W '/< to a point; Thence N 88°59'04" W 20.00 feet to a point; Thence S 00°29'44" W 20.00 feet to a point on the north right of way of W. McMillan Road; Thence N 88°59'04" W 426.46 feet along said north right of way to a point; Thence N 00°21'49" E 633.98 feet to a point of curvature; Thence along a curve to the left 222.97 feet, said curve having a radius of 155.00 feet, a delta angle of 82°25' 10", tangents of 135.74 feet, and a long chord bearing N 40°50'46" W 204.23 feet to a point of tangency; Thence N 82°03'21" W 305.24 feet to a point; Thence N 88°58' 19" W 393.13 feet to a point on the east right of way of N. Ten Mile Road; Thence N 00°20'43" E 1796.47 feet along said east right of way to the REAL POINT OF BEGINNING this description, said parcel containing 61.69 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-03-005) 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 boundazies 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 2003 and that the uses are to be developed under the planned 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. 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 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. ANNEXATION AND ZONING ORDINANCE (AZ-03-005) PAGE 3 OF 4 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: 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:1WorldMlMeridianlMeridian I5360IvflYerona Subdivision AZ-03-0OS PP-03-003 CIJP-03-007L4ZOrd.doc ANNEXATION AND ZONING ORDINANCE (AZ-03-005) 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, WII.LIAM G. BERG, 7R., 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. WII..LIAM G. BERG, 7R. STATE OF IDAHO, ) County of Ada, ss. On this ~ day of , in the year ,before me, a Notary Public, appealed WII.LIAM G. BERG, JR., known or idemified to me to be the City Clerk, respectively, 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:\WorklMlMeridianN4eridian13360M1Verona Subtliviaion AZ~03-0OS PP-03-003 CUP-03-D07\CertificationOtCle~kOrd.doc CERTIFICATION OF THE CITY CLERK OF THE CITY QF MERIDIAN AZ-03-005 PAGE 1 OF 1 WHITE PETERSON WHITE, PETERSON, MORROW, GIGRAY, ROSSMAN, NYE & ROSSMAN, P.A. KsvwE. Duaos P~aeAFSr~ssox 1uuaK~+FS©~a F~cA3. Pxs•~ WK F. IXow.x, I9 E61C S. Ro,4wax T. GOxHUUM TODDA R09S~SAN D. S~mum.lo~+sox 11~nmceR Wxmt*+ WuunMA MOannw N~aiansL. WOUSr WeLAMF. Nicaasa CffiiveoPtomS. Nxc Also sdmittedm OR '~ Also admiuad in WA William G. Berg, Jr. City of Meridian 33 E. Idaho Meridian, Idaho 83642 ATTORNEYS AT LAW NAMPA OFFICE 5700fi Fxewu.wRO., Surre200 NAMPA, IDAHO 63667 TEL. (208)4669272 FAX(208)4W-4405 PLEnsE RHPLY sn NAMPAOFTncE May 19, 2003 ]te: Ordinance No. 03- , (E. L. Bews and Shirley Bews) Summary of Publication Deaz Will: Pursuant to the direction of the Meridian City Council, this office has prepazed a summarization of the ordinance providing for an annexation and zoning ordinance for E.L. Bews and Shirley Bews, pwsuant 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 pubfic ofthe provisions of said ordinance. You are hereby directed to file this statement with the ordinance, pursuatrt to the provisions of Idaho Code § 50-901(A). Very trul yow Wm. F. Nchols Encloswe Z:\WarklMlMeridianlMetidiau 15360M1Vermn Su6divieim AZ-03-0OS PP-03d103 CUP-03-007\Herg Sum Ord Ltr OS 19 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 E.L. Bews and Shirley Bews, to be lmown as Verona Subdivision, consisting of 61.69 acres and commonly located on the northeast corner of W. McMillan Road and N. Ten Mile 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 parcel of land being a portion of the W %z of the SW '/ of Secfion 26, Township 4 North, Range 1 West of the Boise Meridian, Meridian, Ada County, Idaho, more particularly described as follows: Commencing at the northwest corner of the S W '/a (W '/a comer) of Section 26, T. 4N., R. 1 W., B.M., thence S 89°08'53" E 25.00 feet along the north line of said SW '/< to a point on the east right-of--way of N. Ten Mile Road, the REAL POINT OF BEGINNING of this description. Thence continuing S 89°08'59" E 1283.33 feet along said north line to the northeast comer of the W 'h of said S W '/a; Thence S 00°29'44" W 2603.06 feet along the east line of said W '/z of the S W '/o to a point; Thence N 88°59'04" W 20.00 feet to a point; Thence S 00°29'44" W 20.00 feet to a point on the north right of way of W. McMillan Road; Thence N 88°59' 04" W 426.46 feet along said north right of way to a point; Thence N 00°21'49" E 633.98 feet to a point of curvature; Thence along a curve to the left 222.97 feet, said curve having a radius of 155.00 feet, a delta angle of 82°25' 10", tangents of 135.74 feet, and a long chord bearing N 40°50'46" W 204.23 feet to a point of tangency; Thence N 82°03'21" W 305.24 feet to a point; Thence N 88°58' 19" W 393.13 feet to a point on the east right of way of N. Ten Mile Road; Thence N 00°20'43" E 1796.47 feet along said east right of way to the REAL POINT OF BEGINNING this description, said parcel containing 61.69 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:\Work\M\MeridianVvleridien 15360M\Verona Subdivision AZ-03-005 PP-03-003 CUP-03-OOTSUMANNEXZONGORD.doc