HomeMy WebLinkAboutComfort Suites AZ 03-007WHITE PETERSON
KEVIN E. DINIUs
JUWE KLEIN FISCHER
WM. F. GIGRAY, III
T. GuY 1-IAI.LAM'
D. SAMUEL JOHNSON
WILLLIN A. MORROW
WILLWH F. Nlcxols•
CxalsroexER S. NYE
'Also admitted in OR
"Also admitted in
WA
WHPI'E, PETERSON, MORROW, GIGRAY, ROSSMAN, NYE & ROSSMAN, P.A.
PHILIPA. PE]'ERSON
EwcA3. PHILLIPS
ERtc S. RossMAN
TORO A RosaMAN
TERRENCE R. WHITE"
NICHOLIS L. WOLLEN
ATTORNEYS AT LAW
5700 E. FaANU,w TZO.,
SurrE200
NAMPA, E)AIW 83653
T¢ (208)466-9272
FAX (208) 466-0405
May 9, 2003
NAMPA OFFICE
5700 E. FRANELw RD.,
SUnE 200
NAMPA, E)AHO 83653
TEL. (208)466-9272
FAX (208) 466A405
PLEASE REPLYTO
NAMPAOFF3CE
.RECEIVED
William G. Berg, Jr., City Clerk MAY 12 2003
MERIDIAN CITY HALL
33 East Idaho City Of Meridian
Meridian, Idaho 83642 City Clerk Office
Re: KANTI PATEL /ANNEXATION AND ZONING FINDINGS / AZ ORDINANCE &
CERTIFICATION OF CLERK /SUMMARY ORDINANCE AND SUMMARY ORDINANCE
COVER LETTER! AZ-03-007
Deaz Will:
Please fmd enclosed the original of the FINDINGS OF FACT AND CONCLUSIONS
OF LAW AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION
AND ZONING prepazed as per instructions from the Council meeting of May 6, 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
Order Grantine Application for Rezone are adolated. Additionally, I have enclosed a ~umms
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 azise, please advise.
Very truly yours
Wm. F. rchols
Z:\WorkJNV[vleridianUNeridian 15360M'Comfort Suites AZ•03-0071FFCL and ORD and SUM ORD Clerk Ltr OS 09 03.dac
CITY OF MERIDIAN
ORDINANCE NO.03-
AN ORDINANCE FINDING THAT, JAMES AND DIANE FUHRMAN, THE OWNERS OF
CERTAIN REAL PROPERTY GENERALLY LOCATED ON THE NORTH-EAST CORNER OF S.
WELLS STREET AND FREEWAY DRIVE MERIDIAN, TO BE KNOWN AS COMFORT SUITES
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 1N WRITING TO THE COUNCIL; AND THAT SAID LAND BE ANNEXED TO
THE CITY OF MERIDIAN AND ZONING DESIGNATED GENERAL RETAIL AND SERVICE
COMMERCIAL DISTRICT (L-O); 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 iscontiguous-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 of land for the purpose of rezone, being a portion of Lot 18 of Amended
Magic View Subdivision as'recorded in Book 52 at Page 4445 and 4446 of Plats, located in the
SE1/4 of Section T7, Township 3 North, Range 1 East, Boise Meridian, City of Meridian, Ada
County, Idaho and more described as follows:
ANNEXATION AND ZONING ORDINANCE (AZ-03-007)
PAGE 1 OF 4
Commencing at a brass cap monument marking the SE corner of said SE Y4, thence
along the East line of said SE Y4 N00°42'20" W a distance of 2126.48 feet to a point from which a
brass cap monument mazking the NE corner of said SE'/a beazs N00°42'20" W a distance of 527.39
feet, thence leaving said East line S89°17'40" W a distance of 1306.66 feet to a''/z inch rebaz
mazking the NE comer of said Lot 18 and being the POINT OF BEGINNING;
Thence along the East line of said Lot 18 S00°28' 18" E a distance of 77.90 feet to a
point on the South right-of--way line of Freeway Drive and being on the North line of a parcel of land
as described in Meridian annexation ordinance number 660;
Thence along said right-of--way line and said North line and along the arc of a curve to
the right having a radius of 3729.72, an arc length of 735.66 feet, a central angle of 11 ° 18' 04", and a
chord bearing S62°00'49" W a distance of 734.46 feet to a point of intersection of said right-of--way
line and the center line of Wells Street;
Thence leaving said right-of--way line and said North line and along said center line of
Wells Street N09°38' 35" W a distance of 322.90 feet to a point;
Thence leaving said center line and along the North line of said Lot 18 N81°33'25" E
a distance of 709.71 feet to the POINT OF BEGINNING.
Said parcel contains 3.42 acres more or less and is subject to all existing easements
and rights-of--way of record or implied.
SECTION 2: That the above-described real properly 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 shaIl be zoned General Retail and Service Commercial District (L-O).
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.
ANNEXATION AND ZONING ORDINANCE (AZ-03-007)
PAGE 2 OF 4
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 boundazies 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 Cornmission of the
State of Idaho, all incompliance 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-03-007)
PAGE 3 OF 4
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 appea~d 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 yeaz first above written.
(SEAL)
NOTARY PUBLIC FOR IDAHO
RESIDING AT:
MY COMMISSION EXPIRES:
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ANNEXATION AND ZONING ORDINANCE (AZ-03-007)
PAGE 4 OF 4
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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 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.
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:\Work1M\[vleridianVvleridian 15360M`aromfort Suites AZ-03-007\CertificationOfClerkOrd.doc
CERTIFICATION OF THE CITY CLERK OF THE CITY OF MERIDIAN
AZ-03-007
WHITE PETERSON
WHITE, PETERSON, MORROW, GIGRAY, ROSSMAN, NYE & ROSSMAN, P.A.
KEVIN E. DRJIU$ PHWP A. PEmPSON ATTORNEYS AT IaW
JOLIE KLEM FISCHER ERICA S. PHILWPS
WM. F. GIGRAY, W ERIC S. ROSSMAN 5700 E. FRANKLM RD.,
T.Guv HALLAM" TOOO A. ROSSMAN SuIrE 200
D. SAMUEL 1014JSON TERRENCE R.WwTE" NAMPA, IDAH083653
WILLIAM A. MORROW Nil]10LA6 L. WOLLEN
WILLIAM F. NIEHGIS'
CHRISTOPf~R S. NYE
TEL (208) 466-9272
'Also admitted in OR FAX (208) 466-0405
"" ALso admitted in WA
May 9, 2003
William G. Berg, Jr.
City of Meridian
33 E. Idaho
Meridian, Idaho 83642
NAMPA OFFICE
5700 E. FRANRLw Ro.,
SUfTE 200
NAMPA, IDAHO 63653
TEL. (208)466-9272
FAX (208) 466-4405
PLEASE REPLY TO
NAMPA OFFICE
Re: Ordinance No. 03-_, (James and Diane Fuhrman) Summary of
Publication
Dear Will:
Pursuant to the direction of the Meridian City Council, this office has prepared a
summarization of the ordinance providing for an annexation and zoning ordinance for James and
Diane Fuhrman, pursuant to the City's action. I do hereby advise the City, and make this statement,
that said summary is true and complete and provides adequate notice to the public of the provisions
of said ordinance.
You are hereby directed to file this statement with the ordinance, pursuant to the
provisions of Idaho Code § 50-901(A).
Very truly iG~
m. F. Ntchols
Enclosure
Z:\Work\NI1MeridianVvleridian I5360M`Comfort Suites AZ-03-007\]3erg Sum Ord Ltr OS 09 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
James and Diane Fuhrman, to be known as Comfort Suites, consisting of 2.22 acres and
commonly associated with the location at the north-east comer of S. Wells Street and
Freeway Drive, 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.
Leeal Description
A parcel of land for the purpose of rezone, being a portion of Lot 18 of
Amended Magic View Subdivision as recorded in Book 52 at Page 4445 and 4446 of
Plats, located in the SEl/4 of Section 17, Township 3 North, Range 1 East, Boise
Meridian, City of Meridian, Ada County, Idaho and more described as follows:
Commencing at a brass cap monument marking the 5E comer of said SE
Y4, thence along the East line of said SE '/ N00°42'20" W a distance of 2126.48 feet to a
point from which a brass cap monument marking the NE corner of said SE '/4 bears
N00°42'20" W a distance of 527.39 feet, thence leaving said East line S89°17'40" W a
distance of 1306.66 feet to a''/z inch rebar marking the NE corner of said Lot 18 and
being the POINT OF BEGINNING;
Thence along the East line of said Lot 18 S00°28' 18" E a distance of
77.90 feet to a point on the South right-of--way line of Freeway Drive and being on the
North line of a parcel of land as described in Meridian annexation ordinance number 660;
Thence along said right-of--way line and said North line and along the arc
of a curve to the right having a radius of 3729.72, an arc length of 735.66 feet, a central
angle of 11°18'04", and a chord bearing S62°00'49" W a distance of 734.46 feet to a
point of intersection of said right-of--way line and the center line of Wells Street;
Thence leaving said right-of--way line and said North line and along said
center line of Wells Street N09°38'35" W a distance of 322.90 feet to a point;
Thence leaving said center line and along the North line of said Lot 18
N81°33'25" E a distance of 709.71 feet to the POINT OF BEGINNING.
Said parcel contains 3.42 acres more or less and is„subject to all existing
easements and rights-of--way of record or implied.
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:
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