HomeMy WebLinkAboutBirchstone Creek AZ OrdinanceWHITE PETERSON
KEVIN E. Dnulus
JuuE KLEw FISCHER
WM. F. GICRAY, IH
T. GOV HALL4b1'
JIU HOLwRA
D. sAMURLJOHNSON
WILLIAM A. MORROW
WILLLIM F. NICHOLS•
CHRISTOPHER'S. NYR
•Also admitted in OR
•• Also admitted in
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WHTl'E, PETERSON, MORROW, GIGRAY, ROSSMAN, NYE & ROSSMAN, P.A.
PHILIPA. PRTERSON
ERICAS.PHILLIPS
Ewc S. ROSSMAN
TOnuA R056MAN
TERRENCE R Wxrre••
NICHOLAS L. WOLLEN
ATTORNEYS AT LAW
NAMPA OFFICE
5700 a FRANIa.w RD.,
Snne 200
NAMPA, mAHO 83653-8402
TEL. (208) 4669272
FAX (208)466-0405
July 18, 2003
RECEIVED
JUL 2 32003
William G. Berg, Jr., City Clerk City Of Meridian
MERIDIAN CITY HALL City Clerk Office
33 East Idaho
Meridian, Idaho 83642
Re: CENTENNIAL DEVELOPMENT, LLC. /ANNEXATION AND ZONING FINDINGS / AZ
ORDINANCE & CERTIFICATION OF CLERK /SUMMARY ORDINANCE AND SUMMARY
ORDINANCE COVER LETTER / AZ-03-008
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 7uly 15, 2003, and which
aze 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 Granting AppGcaHon for Rezone are adopted. Additionally, l nave enclosed a ~ummt
Ordinance and the cover letter, which Summary Ordrnance will need to be presented to the Coun
at the same time the firll annexation and zoning ordinance is presented to Council for approval.
If you have any questions arise, please advise.
Very truly your ~~~
Wm. F. Ichols
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18 03.doc
CITY OF MERIDIAN
ORDINANCE NO.03-
AN ORDINANCE FINDING THAT, MARCIA A. BAIN TRUST AND MARICA A. BAIN AND DEL
L. BAIN, OWNERS OF CERTAIN REAL PROPERTY GENERALLY LOCATED AT THE
NORTHWEST CORNER OF USTICK ROAD AND BLACK CAT ROAD, MERIDIAN, IDAHO, TO
BE KNOWN AS BIRCHSTONE CREEK 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 DESCRII'TION 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, TREASURERAND 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 owners of said Property, to-wit:
A parcel of land being a portion of the southeast''/4 of the southeast''/e of Section 33,
Township 4 North, Range 1 West, Boise Meridian, Ada County, Idaho, more particulazly
described as follows:
ANNEXATION AND ZONING ORDINANCE (AZ-03-008)
PAGE 1 OF 4
COMMENCING at the southwest corner of said southeast Ya of the southeast'/< of
Section 33, marked by a brass cap;
Thence N 00°16'08" E 61.41 feet coincident with the west line of said southeast''/4 of
the southeast'/< of Section 33;
Thence N 88°56'00" E. 50.00 feet to the easterly line of the Eight Mile Lateral as
described in that certain warranty deed recorded as Instrument No. 32095 to the POINT OF
BEGINNING a 5/8" rebaz PLS 5461;
Thence N 00°16'08" W (formerly North) parallel to and 50.00 feet east of said west
line of the southeast''/4 of the southeast'/< 1253.86 feet (formerly 1248.8 feet) to a point on
the north line of said southeast''/4 of the southeast'/< a 5/8" rebaz PLS 5461;
Thence N 89°5708" E coincident with the north line of said southeast'/< of the
southeast Y4 1268.77 feet to the northeast corner of said southeast'/< of the southeast'/o a 5/8"
rebaz;
Thence S 00°17' 12" E coincident with the east line of said southeast'/4 of the
southeast''/4 1316.04 feet to the southeast comer of said Section 33 a 3-inch brass cap;
Thence S 89°56'56" W coincident with the south line of said southeast'/< of the
southeast'/< 661.55 feet to a point;
Thence N 00°3756" E (forrerly N 00°3750" E) 215.00 feet to a 5/8" rebaz PLS
5461;
Thence S 89°56'56" W (formerly S 89°56'20" W) parallel with the south line of said
southeast '/< of the southeast '/4 229.00 feet a 5/8" rebaz PLS 5461;
Thence S 00°37'56" W (formerly S 00°37'50" W) 146.02 feet a 5/8" rebaz PLS 5461;
Thence S 88°56'00" W (formerly S 88°56" W) 379.74 feet to the POINT OF
BEGINNING.
The pazcel above described contains 36.64 acres, more or less.
Together with and subject to covenants, easements, and restrictions of record.
Neither transfer of title nor creation of new property lines is intended as a result of this legal
description.
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-03-008)
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 boundaries of the City
of Meridian in accordance with this ordinance.
SECTION 5: All ordinances, resolutions, orders or parts thereof in conflict herewith aze 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.
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 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-03-008)
PAGE 3 OF 4
PASSED BY THE COUNCIL OF THE CITY OF MERH)IAN, 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 SO-
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, 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:
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ANNEXATION AND ZONING ORDINANCE (AZ-03-008)
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.
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:\Work\M\MeridianVvleridian 15360IvP8irchstane Creek Sub AZ 03 008 PP 03 008'CertificntionOrClerkOrd.doc
CERTIFICATION OF THE CITY CLERK OF THE CITY OF MERIDIAN
AZ-03-008
PAGEIofl
WHITE PETERSON
WHITE, PETERSON, MORROW, GIGRAY, ROSSMAN, NYE & ROSSMAN, P.A.
REVw E.DWNS P~m.m A.PerEESOrv
Jute: KLEw Ftscra:2n EmCA 5. PtELtws
WM. F. GIGRAY, hl Ewc S. ROSEMAN
T. GUr HALL4M• TO-D A. ROSSMAN
]w. HOLWKA TE88ENCER. WHrrE••
1n.LHDLMICA MCHDLA$L. WDLLEN
D. SAMUEL IOHNSDN
W-1.wM A. MDRRDW
WEIUM F. Nlcxots•
CNELSroeNEx 8. NvE
ArroaNErs Ar LAw
5700 E. FEANq.M R-.,
8tmE200
NAMPA, IDAHO 63653-8402
TEL (208) 466-9272
FAX (208) 466-4405
NAMPA OFFICE
5700 E. FEANELA' RD.,
S-[m 200
NAMPA, IDAHO 83653-8402
TEL. (208)466-9272
FAX (208)466-4405
PLEASE REPLY TO
NAMPA OFFZCe
'Also admitted in OR
•• Also admitted io WA
William G. Berg, Jr.
City of Meridian
33 E. Idaho
Meridian, Idaho 83642
July 18, 2003
Re: Ordinance No. 03- , (Marcia A. Bain Trust and Marcia A. Bain and
Del L. Bain) 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 Marcia A.
Bain Trust and Marcia A. Bain and Del L. Bain, pursuant to the City's action. I do hereby advise the
City, and make this statement, that said srunmary 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 yours ~~
2~/1~i~20' I/~
ho s
Enclosure
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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
Marcia A. Bain and Del L. Bain, to be known as Birthstone Creek Subdivision,
consisting of 34.52 acres and commonly located at the northwest comer of Ustick Road
and Black Cat Road, Meridian, Idaho, with a zoning designation of R-8 Medium Density
Residential; and providing for effect of invalidity; providing that all ordinances and
resolutions in conflict aze repealed and rescinded; and providing an effective date.
Lesal Description
A parcel of land being a portion of the southeast''/n of the southeast `/< of Section
33, Township 4 North, Range 1 West, Boise Meridian, Ada County, Idaho, more
particularly described as follows:
COMMENCING at the southwest comer of said southeast''/4 of the
southeast'/< of Section 33, marked by a brass cap;
Thence N 00°16'08" E 61.41 feet coincident with the west line of said
southeast'/4 of the southeast'/4 of Section 33;
Thence N 88°56'00" E. 50.00 feet to the easterly line of the Eight Mile
Lateral as described in that certain warranty deed recorded as Instrument No.
32095 to the POINT OF BEGINNING a 5/8" rebaz PLS 5461;
Thence N 00°16'08" W (formerly North) paza11e1 to and 50.00 feet east of
said west line of the southeast Y< of the southeast'/< 1253.86 feet (formerly 1248.8
feet) to a point on the north line of said southeast''/a of the southeast''/4 a 5/8"
rebaz PLS 5461;
Thence N 89°5708" E coincident with the north line of said southeast''/4
of the southeast''/4 1268.77 feet to the northeast corner of said southeast '/< of the
southeast'/4 a 5/8" rebar;
Thence S 00°17' 12" E coincident with the east line of said southeast'/o of
the southeast °/a 1316.04 feet to the southeast comer of said Section 33 a 3-inch
brass cap;
Thence S 89°56'56" W coincident with the south line of said southeast Y<
of the southeast''/o 661.55 feet to a point;
Thence N 00°37'56" E (formerly N 00°37'50" E) 215.00 feet to a 5/8"
rebaz PLS 5461;
Thence 5 89°56'56" W (formerly S 89°56'20" W) parallel with the south
line of said southeast'/< of the southeast''/a 229.00 feet a 5/8" rebaz PLS 5461;
Thence S 00°37'56" W (formerly S 00°37'50" W) 146.02 feet a 5/8" rebaz
PLS 5461;
Thence S 88°56'00" W (formerly S 88°56" W) 379.74 feet to the POINT
OF BEGINNING.
The parcel above described contains 36.64 acres, more or less.
Together with and subject to covenants, easements, and restrictions of record.
Neither transfer of title nor creation of new property lines is intended as a result of
this legal description.
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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