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HomeMy WebLinkAboutAmended 05-1201 Crossroads Presidential ReaganMay 11, 2009 William G Berg Jr Meridian City Clerk 33 East Idaho Ave Meridian, ID 83642 rFor 7(ze ~1'eopCe of Irfa(o r'~ l.`~ r ,, ~`' -~. STATE TAX COMMISSION 800 Park Blvd., Plaza IV Boise, ID 83722 Subject: Ordinance No. 05-1201A MERIDIAN (CITY) Dear Mr. Berg Jr: jZECEiV~~ A4AY 13 20~ CITY OF L>z CITY CLERKS OFFICE The Tax Commission has received and reviewed the above referenced action. This review cannot be completed because it does not comply with legal description and mapping requirements. • The description of the annexation does not close to 1:5000. The eighth call reads S 1-08-45 W 1073.5 feet; map has S1-08-45 W 1703.5 feet. This annexation does not meet the requirements of Idaho Code, 63-215 or IDAPA 35.01.03.225.03 listed below. The following citations list and define the required actions: Idaho Code 63-215 requires: a. A copy of the legal description designating the boundaries, b. A map, prepared in a draftsman like manner, which plainly and clearly designates the boundaries, and c. Both the legal description and map must be submitted to the Tax Commission within ten (10) days of the effective date of the annexation. 2. IDAPq 35.01.03.225.03 defines a legal description to be a definite boundary which: a. Is described by metes and bounds, b. Can be mapped on a tax code area map, and c. Includes I. Section, Township, Range, and Meridian, ii. An initial point, iii. A true point of beginning, and iv. A closure accuracy of at least one (1) part in five thousand (5,000) IDAPq 35.01.03.225.04 defines a map prepared in a draftsman like manner as "an original graphic representation or precise copy matching the accompanying legal description and drafted to scale using standard mechanical drawing instruments or a computer." Before this annexation can be processed for the 2010 year, the discrepancies listed need to be corrected. Thank you for your attention to the required legal descriptions and mapping requirements. If you have any questions, please call me at (208) 334-7750. Sincerely; Craig Johnson GIS Analyst Technical Support Bureau, Idaho State Tax Commission Egual Opportunity Employer Hearing Impaired Callers TDD 1-800-377-3529 CITY OF MERIDIAN AMENDED ORDINANCE NO. 05-1201A BY THE CITY COUNCIL: BIRD, HOAGLUN, ROUNTREE, ZAREMBA AN AMENDED ORDINANCE (05-1201A CROSSROADS SHOPPING CENTER/ PRESIDENTIAL SUBDIVISION/REAGAN SUBDIVISION) FOR REZONE OF THE ZONING CLASSIFICATION FOR REAL PROPERTY LOCATED IN THE NORTHWEST '/ OF SECTION 9, TOWNSHIP 3 NORTH, RANGE 1 EAST, MERIDIAN, ADA COUNTY, IDAHO, AS DESCRIBED IN ATTACHMENT ~~A" OF THIS ORDINANCE AND RE-ZONING CERTAIN LANDS AND TERRITORY, SITUATED IN ADA COUNTY, IDAHO, AND WITHIN THE CORPORATE LIMITS OF THE CITY OF MERIDIAN; AND RE-ZONING THE LAND USE ZONING CLASSIFICATION OF SAID LANDS FROM I-L (INDUSTRIAL) TO C-G (GENERAL RETAIL & COMMERCIAL) 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. SECTION 2. That the above-described real property is hereby re-zoned from I-L to C-G (General Retail & Commercial) 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 to re-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 ofMeridian 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. SECTION 6. All ordinances, resolutions, orders or parts thereof in conflict herewith are hereby repealed, rescinded and annulled. AMENDED ORDINANCE OS-1201A FOR CROSSROADS SHOPPING CENTER/PRESIDENTIAL 5UBDIVISION/REAGAN SUBDIVISION -Page 1 of 3 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. ATTEST: MAYOR TAMMY de WEERD JAYCEE L. HOLMAN, CITY CLERK AMENDED ORDINANCE 05-1201A FOR CROSSROADS SHOPPING CENTER/PRESIDENTIAL SUBDIVISION/REAGAN 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: AMENDED ORDINANCE OS-1201A FOR CROSSROADS SHOPPING CENTER/PRESIDENTIAL 5UBDIVISION/REAGAN SUBDIVISION -Page 3 of 3 NOTICE AND PUBLISHED SUMMARY OF ORDINANCE PURSUANT TO I.C. § 50-901(A) CITY OF MERIDIAN ORDINANCE NO. A OS-1201 PROVIDING FOR AN AMENDED RE-ZONING ORDINANCE An Amended Ordinance of the City of Meridian granting re-zoning for land known as Crossroads Shopping Center/Presidential Subdivision/Reagan Subdivision, located in the NW '/ of Section 9, Township 3 North, Range 1 East, Boise Meridian, Ada County, Idaho, more particularly described in Attachment "A". This parcel contains 71.24 acres more or less. Also, this parcel is SUBJECT TO all easements and rights-of--way of record or implied. As surveyed as attached as 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, 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 A5 TO ADEQUACY OF SUMMARY OF ORDINANCE NO. 05-1201A 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 Amended Ordinance No. OS-1201A 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 AMENDED ORDINANCE SUIVIIV7ARY -OS-1201A -CROSSROADS SHOPPING CENTER/ PRESIDENTIAL 5UBDIVISION/REAGAN SUBDIVISION -Page ~ RE-ZONE BOUNDARY DESCRIPTION FOR TAE CITY OF MERIDIAN, ADA COUNTY, IDAHO A parcel located in the NW % of Section 9, Township 3 North, Range 1 East, Boise Meridian, Ada County, Idaho, more particulazly described as follows: BEGINNING at a brass cap monument marking the northwesterly corner of said NW '/ from which a 5/8 inch diameter iron pin mazking the northeasterly corner of said NW %4 bears S 89°22' 10" E a distance of 2659.63 feet; Thence S 89°22' 10" E along the northerly boundary of said NW '/4 a distance of 2023.49 feet to a point on the centerline of Records Avenue; Thence along said centerline the following described courses: Thence leaving said northerly boundary S 0°25'00" W a distance of 741.14 feet to a point; Thence a distance of 72.37 feet along the arc of a 171.75 foot radius curve left, said curve having a central angle of 24°08'33" and a long chord bearing S 11°39'17" E a distance of 71.84 feet to a point; Thence a distance of 73.65 feet along the arc of a 203.61 foot radius curve right, said curve having a central angle of 20°43'27" and a long chord bearing S 13°21'49" E a distance of 73.25 feet to a point; Thence leaving said centerline N 89°35'00" W a distance of 1049.60 feet to a point; Thence S 1°08'45" W a distance of 62.50 feet to a point; Thence N 88°51' 15" W a distance of 287.81 feet to a point; Thence S 1°08'45" W a distance of 1703.50 feet to a point on the southerly boundary of said NW '/; Thence N 89°20'42" W a distance of 729.77 feet to a brass cap marking the southwesterly corner of said NW f ; Thence N 1°08'42" E a distance of 2649.45 feet to the POINT OF BEGINNING. This parcel contains 71.24 acres. Prepared by: Glenn K. Bennett, PLS Civil Survey Consultants, incorporated Revised: May 13, 2009 F: R~VI VAI. BY s~~~ ' ,~ ® `` ., ~: ,,~ ~ - ~,. ~pY 14200.9 ;,~ SRO KS D p~ C SKETCH TO ACCOMPANY DESCRIPTION FOR THE CITY OF MERIDIAN RE-ZONE OF A PART OF THE NW 1/4 OF SECTION 9, TOWNSHIP 3 NORTH, RANGE 1 EAST, BOISE MERIDIAN, ADA COUNTY, IDAHO. _ POINT OF BEGINNING • F} ~ ~ r~~ ~~' -S" ", N ~~C~ ~7;U~~ `~ ~ G ~~~~ _C- ~ - ~-L ~~ CURVE DELTA M1d g~ °J 1 ' 1 ° :jY 2~7.8~' PiivF AVENUE BY~~~ MAY 1 ~ WORKS DEPT. C CURVE DATA RADIUS ARC TANGENT rG.j.ly 1 ~z.~ J 3%.~ 7 CHORD CHORD BRNG. `t84 ~ ~ i•z~a't``:}} E