HomeMy WebLinkAboutTrailway Park AZ 03-010WHITE PETERSON
WHITE, PETERSON, MORROW; GIGRAY, ROSSMAN, NYE & ROSSMAN, P.A.
KEVIN E.DINIUS PHILIPA. PETERSON
JcLIE KLEIN FISCHER ERICA S. PHL.LIPS
WM. F. GIGRAY, ll[ ERIC 5. ROSSMAN
T. Gex HALLAM* ToooA. ROSSMAv
JILL HOLINK4 TERREnceR WxrrE`*
D. SAMUEL JOHnSON NmxoLAS L. WOLLEN
WILLIAM A. MORROW
W[LLL4M F. N[CHOLS*
CHRISTOPHER S. NYE
ATTORNEYS AT LAW
NAMPA OFFICE
5700 E. FAANKLEJ RD.,
SmrE200
NAMPA, IDAHO 83687-8402
TEL. (208) 466-9272
FAX (208) 466-0405
`Also adntted in OR
"Also admitted in
WA
RECEIVED
July 14, 2003 ~~~ ' ~ 2003
William G. Berg, Jr., City Clerk City Of Meridian
MERIDIAN CITY HALL C?tY Clerk Ol$ce
33 East Idaho
Meridian, Idaho 83642
Re: HILLVIEW DEVELOPMENT CORPORATION /ANNEXATION AND ZONING FINDINGS / AZ
DEVELOPMENT AGREEMENT /ORDINANCE & CERTIFICATION OF CLERK /SUMMARY
ORDINANCE AND SUMMARY ORDINANCE COVER LETTER / AZ-03-010
Dear Will:
Please find enclosed the original of the FINDINGS OF FACT AND CONCLUSIONS OF
LAW AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND
ZONING prepared as per instrucfions from the Council meeting of July 8, 2003, and which are on an
upcoming Council agenda. I have also attached the original ofthe Development Agreement for the owner(s)
and/or developer(s) signatures. After the Council meeting, if Council approves the Findings Gf Fact and
Conclusions of Law for the above matter, then the Findings will need to be attached to the Development
Ageement as Exhibit "B". After. the Findings of Fact and Conclusions of Law and Decision and Order
Granting Application for Annexation and Zoning have been adopted, please submit the Development
Agreement to the owners(s) and/or developer(s) for signatures.
Also, please find enclosed the above AZ Ordinance and the Certification of the Clerk for the
annexation and zoning for the City of Meridian. After the Findings of Fact and Conclusions have
been adopted; then please place this ordinance on the City Council agenda. This ordinance should
Cirantln$ ApAlieatlOn Yor Kezone are aAOpteU. AaaltlOrially, 1 nave eriC1050a a JUTRIDY
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 arise, please advise.
V ery truly yours,
Wm. F. Nichols
Z:\WorkVN\Meddiao\Meridian 15360M\Trailway Park Sub AZ-03-OIO PP-03-O1 ] CUP-03-021\FFCL DEV AGMT ORD Clerk LtA7 14 03.dm
CITY OF MERIDIAN
ORDINANCE NO.03-
AN ORDINANCE FINDING THAT, RALEIGH AND DIEUW HAWS AND HILLLVIEW
DEVELOPMENT CORPORATION, THE OWNERS OF CERTAIN REAL PROPERTY
GENERALLY LOCATED ON E. BLUE HERON ROAD, NORTH OF FAIRVIEW ROAD AND E. OF
NORTH MERIDIAN ROAD, MERIDIAN, IDAHO, TO BE KNOWN AS TRAILWAY PARK
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 MEDNM 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 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 is contiguous and adj acent 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:
HILLVIEW 37 ACRES
A parcel of land located in the NE '/a of the SW '/4 of Section 6, T. 3N., R. lE., B.M:,
Ada County, Idaho, more particularly described as follows:
ANNEXATION AND ZONING ORDINANCE (AZ-03-010) - 1
Commencing at the '/4 section corner common to Section 6 of said T.3N., R.IE., and
Section 1 of T.3N., R.1 W., B.M., (from which point the southwest comer of Section 6
of said T.3N., R.IE. bears South 00°25'30" East, 2648.31 feet distant);
Thence from said'/a section corner, North 88°52'06" East, 1090.61 feet (formerly
described as North 89°34'50" East, 1090.53) on the east-west mid-section line of said
Section 6 to the northwest comer of the NE '/4 of the S W '/ of said Section 6, said
point being the REAL POINT OF BEGINNING;
Thence North 89°02'39" East, 1314.24 feet (formerly described as North 89°46'32"
East, 1313.89 feet) on the east-west mid-section line of said Section 6 to the center'/<
section comer of said Section 6;
Thence South 00°24'00" East, 1301.12 feet (formerly described as South 00°20'01"
West, 1301.12 feet) on the north-south mid-section line of said Section 6 to the
southeast corner of said NE'/4 of the SW Y<;
Thence leaving subdivisional section lines and on the northerly and westerly boundary
line of that parcel of land as described in Deed Instrument Number 96048180 of Ada
County Records, for the following three courses and distances:
Thence North 87°31'30" West, 268.68 feet (formerly described as North 87°12' 11"
West, 268.67 feet);
Thence South 87°56'25" West, 836.43 feet (formerly described as South 88°15'43"
West, 836.43 feet);
Thence South 00°09'18" East, 12.00 feet (formerly described as South 00°10'00"
West, 12.00 feet) to a point on the southerly boundary line of said NE'/4 of the SW '/;
Thence South 88°25'12" West, 212.42 feet (formerly described as South 88°44'30"
West) on the southerly boundary line of said NE'/4 of the SW '/d to the southwest
corner of said NE '/4 of the S W ''/a;
Thence North 00°17"Ol" West, 1315.49 feet (formerly described as North 00° 12'43"
West, 1315.57 feet) on the westerly boundary line of said NE '/4 of the SW '/4 to the
real point of beginning. Said parcel contains 39.15 acres more or less.
ANNEXATION AND ZONING ORDINANCE (AZ-03-010) - 2
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).
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: 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 unit 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 prepared 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
ANNEXATION AND ZONING ORDINANCE (AZ-03-010) - 3
ordinance and map with the State Tax Commission 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 MERH)IAN, IDAHO, this day of
.2003.
YOR
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,)
County of Ada
ss.
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 yeaz first above written.
(SEAL)
NOTARY PUBLIC FOR IDAHO
RESIDING AT:
MY COMMISSION EXPIRES:
Z:\WorklMVvleridianHvieridian I5360M1Trailway Park Sub AZ-03-010 PP-03-0ll CUP-03-021~t17.Ord.doc
ANNEXATION AND ZONING ORDINANCE (AZ-03-010) - 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.
STATE OF IDAHO, )
County of Ada,
ss.
WILLIAM G. BERG, JR.
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:
CERTIFICATION OF THE CITY CLERK OF THE CITY OF MERIDIAN
AZ-03-010
WHITE PETERSON
WHITE, PETERSON, MORROW, GIGRAY, ROSSMAN, NYE & ROSSMAN, P.A.
KEVw e. Dwlo$ PF-uP A PErERSON
l[n.a: XLEEV F1scI~R EwcA S.Pmdles
WM. F. GIGRAY, Ia ERIC S. RO$6MAN
T. GUr HAI.tam• ToooA R095MAN
JIdHOI.wRA TmnexcaR. WwTe•`
JId HOLwI(A~ NlcxoIABL WOdEN
D. $AMUd JOHNSON
WauAm A. MORROW
WawmF. NlceoLS•
(,tmisroPlme 5. NvE
ATTORNEYS AT LAW
5700 E. FRAx8IwR0.,
SUITE 200
NAMPA, IDAHO63653-8402
TEL (208) 466-9272
FAx (208) 466-4405
NAMPA OFFICE
5700 E. FRANKLw RD.,
surrE ZOo
NAMPA, IDAHO 83653-8402
TEL. (208)466-9272
FAX (208) 466-0405
PLEASE REPLY TO
NAMPA OFFICE
'Also admitted is OR
•• Also admitted in WA
William G. Berg, Jr.
City of Meridian
33 E. Idaho
Meridian, Idaho 83642
July 14, 2003
Re: Ordinance No. 03- , (RALEIGH AND DIEUW HAWE and
HILLVIEW DEVELOPMENT CORPORATION) Summary of Publication
Dear Will:
Pursuant to the direction of the Meridian City Council, this office has prepazed a
summazization of the ordinance providing for an annexation and zoning ordinance for Raleigh and
Dieuw Hawe and Hillview Development Corporation, pursuant to the City's action. I do hereby
advise the City, and make tlvs 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 yours,
Wm. F. Nichols
Enclosure
Z:1WorklMVvleridianN4eridian 15360MVTmihvay Park Sub AZ-03-0]0 PP-03-011 CIJP-03-0211Berg Sum Ord Ltr 07 14 03.dac
NOTICE AND PUBLISHED SUMMARY
OF ORDINANCE PURSUANT TO I.C. § 50-901(A)
CTfY 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
Raleigh and Dieuw Hawe and Hillview Development Corporation, to be known as
Trailway Pazk Subdivision, consisting of 39.15 acres and commonly located on E. Blue
Heron Road, North of Fairview Road and E. of North Meridian 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 are repealed and
rescinded; and providing an effective date.
Legal Descriution
HILLVIEW 37 ACRES
A pazcel of land located in the NE'/a of the SW '/a of Section 6, T. 3N., R.
lE., B.M., Ada County, Idaho, more particularly described as follows:
Commencing at the %< section comer common to Section 6 of said T.3N.,
R.1 E., and Section 1 of T.3N., R.1 W., B.M., (from which point the
southwest corner of Section 6 of said T.3N., R.IE. bears South 00°25'30"
East, 2648.31 feet distant);
Thence from said''/a section corner, North 88°52'06" East, 1090.61 feet
(formerly described as North 89°34'50" East, 1090.53) on the east-west
mid-section line of said Section 6 to the northwest corner of the NE'/a of
the SW '/a of said Section 6, said point being the REAL POINT OF
BEGINNING;
Thence North 89°02'39" East, 1314.24 feet (formerly described as North
89°46'32" East, 1313.89 feet) on the east-west mid-section line of said
Section 6 to the center'/< section comer of said Section 6;
Thence South 00°24'00" East, 1301.12 feet (formerly described as South
00°20'01" West, 1301.12 feet) on the north-south mid-section line of said
Section 6 to the southeast corner of said NE Y4 of the SW '/a;
Thence leaving subdivisional section lines and on the northerly and
westerly boundazy line of that parcel of land as described in Deed
Instrument Number 96048180 of Ada County Records, for the following
three courses and distances:
Thence North 87°31'30" West, 268.68 feet (formerly described as North
87°12'11" West, 268.67 feet);
Thence South 87°56'25" West, 836.43 feet (formerly described as South
88°15'43" West, 836.43 feet);
Thence South 00°09' 18" East, 12.00 feet (formerly described as South
00°10'00" West, 12.00 feet) to a point on the southerly boundary line of
said NE '/4 of the S W ''/o;
Thence South 88°25' 12" West, 212.42 feet (formerly described as South
88°44' 30" West) on the southerly boundary line of said NE '/4 of the SW
'/4 to the southwest corner of said NE '/4 of the S W '/;
Thence North 00°17"Ol" West, 1315.49 feet (formerly described as North
00°12'43" West, 1315.57 feet) on the westerly boundazy line of said NE'/4
of the SW '/4 to the real point of beginning. Said pazcel contains 39.15
acres more or less.
A fall 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:lworklM~MeridianVNeridian I5360M1Trailway Park Sub AZ-03-010 PP-03-01] CUP-03-0211SUMANNEXZONGORD.doc