Windham Place OrdinanceCITY OF MERIDIAN ORDINANCE NO.
BY THE CITY COUNCIL: BIRD, HOAGLUN, ROUNTREE, ZAREMBA
AN ORDINANCE (RZ 08-007 WINDHAM PLACE) FOR ANNEXATION OF A
TRACT OF LAND BEING A PORTION OF LAND EXCEPTING LOTS 1 AND 16,
BLOCK 1 THEREOF, AS SAME IS RECORDED IN BOOK 98 OF PLATS AT PAGE
12462, ADA COUNTY RECORDS, LOCATED IN GOVERNMENT LOT 6 OF
SECTION 6, TOWNSHIP 3 NORTH, RANGE 1 EAST, BOISE MERIDIAN, ADA
COUNTY, IDAHO AS DESCRIBED IN ATTACHMENT "A" AND ANNEXING
CERTAIN LANDS AND TERRITORY, SITUATED IN ADA COUNTY, IDAHO, AND
ADJACENT AND CONTIGUOUS TO THE CORPORATE LIMITS OF THE CITY
OF MERIDIAN AS REQUESTED BY THE CITY OF MERIDIAN; ESTABLISHING
AND DETERMINING THE LAND USE ZONING CLASSIFICATION OF SAID
LANDS FROM R-8 (MEDIUM DENSITY RESIDENTIAL DISTRICT) TO R-15
(MEDIUM-HIGH DENSITY RESIDENTIAL DISTRICT) IN THE MERIDIAN CITY
CODE; PROVIDING THAT COPIES OF THIS ORDINANCE SHALL BE FILED
WITH THE ADA COUNTY ASSESSOR, THE ADA COUNTY RECORDER, AND
THE IDAHO STATE TAX COMMISSION, AS REQUIRED BY LAW; AND
PROVIDING FOR A SUMMARY OF THE ORDINANCE; AND PROVIDING FOR A
WAIVER OF THE READING RULES; AND PROVIDING AN EFFECTIVE DATE.
BE IT ORDAINED BY THE MAYOR AND THE CITY COUNCIL OF THE CITY OF
MERIDIAN, COUNTY OF ADA, STATE OF IDAHO:
SECTION 1. That the following described land as evidenced by attached Legal Description
herein incorporated by reference as Exhibit "A" is within the corporate limits of the City of Meridian,
Idaho, and that the City of Meridian has received a written request for re-zoning by the owner of said
property, to-wit: Eagle Springs Investments, LLC, and Zachary A. Graves
SECTION 2. That the above-described real property is hereby annexed and re-zoned from R-8
(Medium Density Residential District) to R-15 (Medium-High Density Residential District), in the
Meridian City Code.
SECTION 3. That the City has authority pursuant to the laws of the State of Idaho, and the
Ordinances of the City of Meridian zone said property.
SECTION 4. That the City has complied with all the noticing requirements pursuant to the
laws of the State of Idaho, and the Ordinances of the City of Meridian to re-zone said property.
SECTION 5. That the City Engineer is hereby directed to alter all use and area maps as well
as the official zoning maps, and all official maps depicting the boundaries and the zoning districts of
the City of Meridian in accordance with this ordinance.
ANNEXATION - RZ 08-007 WINDHAM PLACE SUBDIVISION Page 1 of 3
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 prepared in a
draftsman manner, including the lands herein rezoned, 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.
SECTION 9. That pursuant to the affirmative vote of one-half (1 /2) plus one (1) of the
Members of the full Council, the rule requiring two (2) separate readings by title and one (1) reading
in full be, and the same is hereby, dispensed with, and accordingly, this Ordinance shall be in full
force and effect upon its passage, approval and publication.
PASSED BY THE CITY COUNCIL OF THE CITY OF MERIDIAN, IDAHO, this
day of
2009.
APPROVED BY THE MAYOR OF THE CITY OF MERIDIAN, IDAHO, this
day of
2009.
MAYOR TAMMY de WEERD
ATTEST:
JAYCEE L. HOLMAN, CITY CLERK
ANNEXATION - RZ 08-007 WINDHAM PLACE SUBDIVISION Page 2 of 3
STATE OF IDAHO, )
ss:
County of Ada )
On this day of , 2009, before me, the undersigned, a Notary Public
in and for said State, personally appeared TAMMY de WEERD and JAYCEE L. HOLMAN,
known to me to be the Mayor and City Clerk, respectively, 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:
ANNEXATION - RZ 08-007 WINDHAM PLACE SUBDIVISION Page 3 of 3
NOTICE AND PUBLISHED SUMMARY
OF ORDINANCE PURSUANT TO LC. § 50-901(A)
CITY OF MERIDIAN ORDINANCE NO.09-
PROVIDING FOR ANNEXATION AND ZONING ORDINANCE
An Ordinance of the City of Meridian granting re-zoning for a tract of land being
Windham Subdivision, excepting Lots 1 and 16, Block 1 thereof, as same is recorded in Book 98
of Plats at Page 12462, Ada County records located in Government Lot 5 of Section 6, Township
3 North, Range 1 East, Boise Meridian, Ada County, Idaho, more particularly described in
Attachment "A". This parcel contains 5.03 acres more or less. Also, this parcel is SUBJECT TO
all easements and rights-of--way of record or implied. As surveyed in attached exhibit "B" and is
not based on an actual field survey. A full text of this ordinance is available for inspection at City
Hall, City of Meridian, 33 East Broadway Avenue, Meridian, Idaho. This ordinance shall become
effective on the day of , 2009.
City of Meridian
Mayor and City Council
By: Jaycee L. Holman, 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:' _
STATEMENT OF MERIDIAN CITY ATTORNEY AS TO ADEQUACY OF SUMMARY
OF ORDINANCE NO. 09-
The undersigned, William L.M. Nary, City Attorney of the City of Meridian, Idaho,
hereby certifies that he is the legal advisor of the City and has reviewed a copy of the attached
Ordinance No. 09- of the City of Meridian, Idaho, and has found the same to be true
and complete and provides adequate notice to the public pursuant to Idaho Code § 50-901A (3).
DATED this day of , 2009.
William. L.M. Nary
City Attorney
ORDINANCE SUMMARY - RZ 08-007 - WINDHAM PLACE SUBDIVISION Page 1
Exhibit A. Legal Description
IDAHO
SURVEY
GROUP
Project No. 05-1$2
1450 Easc Wacercower Sc.
suite I so
Meridian, Idaho 83642
Phone (208) 846-8570
Fax (208) 884-5399
August 25, 2008
Revised November 3, 2008
Revised December 2, 2008
Windham Placc Subdivision
Rezone llescription from R8 to R15
Windham Place Subdivision, excepting Lots 1 and 16, Block 1 thereat; as same
is recorded in Book 98 raf Plats at Page 12462, Ada County records, located in
Government Lot 5 of Section 6, T.3N., R.1 E., B.M., Ada County, Naha, more
partieul4uly described as follows: Commencing at the West l l4 corner of said Section 6,
Pram which ttte Northwest corner of said Sections bears North 00°17' 16" Bast, 2658.29
feet; Thence North 00° 17' 16" East, 742.50 feet; Thence North 89°42'44°' l~a, t, 25.OU
feet; 'Thence 5auth 89°42'44" East, 51.38 feet; Thence South 8$° 13'47" East. 122.48 feet
to the 12EAt, POINT OF BEGINNING.
'thence North 7G°54'UO" Mast, 270.80 feet;
Thence North 53°44'51" East 53.78 feet to an angle paint on the southerly
boundary of Highgate Subdivision Phase 2, as same is recc.~rded in Book 90 of Plats at
Page 10514, Ada County records, said paint lying in the South Slough (Finch Lateral);
Thence continuing quid along said slough and southeasterly boundary of said
subdivisian North 53°44'51" Fast, 493.59 feet (of recard as North 53°38" Gast, 7.30
chains};
1-hence Narth 35°30' 12" East, 258.83 feet (of record as North 45° 13' East, 3.8(1
chains);
°I'hence North 89°43'38" East, 39.70 feet (of recard as E?ast 0.65 links) to the
Northeast corner of said Government Lot 5, common to the Northwest corner of
t~~othergill Pointe Subdivision Na. 3, as same is recorded in B~.~ok 73 of Plats at Page
7555, ~1da Caunty records;
`T'hence along the West boundary of said subdivision and a westerly boundary of
Fathergill Subdivision No. I, as same is recorded in Book 65 of Plats at Page 6639, Ada
County records, South 00°19'53" West, 701.74 feet (record 10.64 chains);
Thence North 66°57'45" West, 36.80 feet (record Kurth 66°4 7' 10" West, 37.0.3
feet) to the most northerly corner of Lot 4, Block 5 of said Fathergill subdivisian No. l;
Pro fesstonol Land Surveyors
Thence departing said subdivision boundary Noah 67"19'04" West, 181.65 feet
(record of prc~ ions two calls ~'~'orCh 6(i°~?' West, 3.~5 chains};
T~henc;e North 88`'l3'47" 44`est, 15.89 tcet;
"Thence North 1 °4T 24" Gast, 90.07 feet;
"1`hence North 88°i2'3fi" West, 45.00 feet;
"thence South I°47'24" West, 90.08 feet:
"I~hence North 88°13'47" test, 629A9 feet to the Point al` Begimling. Containing
5.03 t~cres, more or less.
Prepared ~y:
Idaho Survey Group,P.C.
4431
~~z-z-a~
~~aF~~
~1
txtrv~ ~ ~~ ab~tr
E3Y __.-.-----
I3. Terry Pcugh, ]'l.S
~~~ iI 3
~ WCkRK5 DEvTIG
Exhibit B Exhibit Map
~.,
~`:
~:
oo ~, r;~
U .50 7G0 ---_..._
SCALE: 1 " = 200'
N 89'43'38" E
,~ 39.70'
S. 36 S. 31 ~`y .
__ __ _
S 1 S.6 ~ E. USTICK RD. ~~~~~~ ;'~~i
n i
I ~
.-
~' ; ' ~ p
:x; ~\ Noy-5.~ ~ _ i .. I r`
` ~- ~ I
~~ ~ / ~
__
v Z ~ N88'13 47' W "5 . ~u ?rJT YON{NC: `~_ `n
Q ~, ~~ o ~ 122.48 ,~ ,/~PROP~iSED zON~NG: R-A5 ~
r.: - >
o`.~~ ~ 27 - ~~ .~, !~ ~.. ~v~
C3O , ~
_ ._ _
v~ -----------~----_ I i
N88'13'47"W 629.09'
N6~. , ,
,' `REAL POINT 1y p
~ ~; 0F' BEGINNING '~* 4 w
~, '• 6S-
~~ 589`42'44"E ~
51.38' ~6E5~-¢
1/4 N89'42'44"E ._ _.__. 36$O S„~,
S. 1 ' S.6 25.00' _iN TAE'l
r~NE
_ L, ~. ~~~_
I REyRIN,a i
~ L1 t ~ R9 h g8 ~ ~ e 7 _N
a
kEVt ~ROVAI ~ ~~ 90 ~ _._
~ N 1 ~1 l4 F
By i_x a5 ~~~ _ h ~sts`"~g z~, `h
._
~
i --
11'h~ 4 h
_ _,.___._ _.
gg ~y
~~~ ~ J L
IDAHO ~„~~,~~ ~ ~,,,,..~,~~ , ~,.
us-~a~
,.~F w•~A*~-riF~•:~ WINDHAM PLACE SUBDIVISION ;„EE, „~
SURVEY ""E"`
M~„°~^~ ~-~~~°;x_^- REZONE DESCRIPTION FROM R-8 TO R-15 ~
izce~ n+ae>a..
GROUP, P.C. c~~.,~u;~~ cov° ~nr s a s~~nor~ 6. r.w. H~E eu owc wn
uER-DEAN. 4pA CuVN rv, ipaHa b916 r]A