HomeMy WebLinkAboutMontvue AZ 03-004 OrdinanceWHITE PETERSON
WHITE, PETERSON, MORROW, GIGRAY, ROSSMAN, NYE & ROSSMAN, P.A.
KENN E.DINIUS PHILIPA PETERSON
JULIE ICLEIN FIECHER EAICA S.PHILLU'S
Wm. F. GlcaAV, In Eaw S. ROSSMAN
T. GUY HALLAm' TODDA. ROSSmAN
JILL HOLINKA TERRENCEA WHITE"
D.SMIUELJOHNSON NICHOLAS L. WOLLEN
WILLLIM A. MORROW
WILLUm F. NICHOCS`
CHRISTOPHER S. NYE
ATTORNEYS AT LAW
NAMPA OFFICE
5700 E. FRANKLEVRO.,
sUITE 200
NAMPA, IDAHO 83687-8402
TEL. (206)466-9272
FAX (208) 466-4405
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June 23, 2003
R~C~~VED
J~.iid 2 4 20Q3
William G. Berg, Jr., City Clerk City Of Meridian
MERIDIAN CITY HALL City Clerk Office
33 East Idaho
Meridian, Idaho 83642
Re: MONTV[JE MEDICAL CLINIC /REVISED DEVELOPMENT AGREEMENT /REVISED
ORDINANCE & CERTIFICATION OF CLERK / REVISED SUMMARY ORDINANCE AND
REVISED SUMMARY ORDINANCE COVER LETTER / AZ-03-004
Dear Will:
Please find enclosed the original of the revised Development Agreement for the
owner/developer to execute. Since Council approved the Findings of Fact and Conclusions of Law at their
May 20, 2003 meeting, the information pertainmg to the developer, along with the deletion of the applicant,
needed to be revised within the Development Agreement. Therefore, please fmd attached the revised
Development Agreement with the owner/developer being SJJV, LLC, an Idaho Limited Liability Compan~.
The previously approved Findings will need to be attached to the Development Agreement as Exhibit `B' .
Also, please find enclosed the above revised AZ Ordinance and the Certification of
the Clerk for the annexation and zoning for the City of Meridian. The Findings of Fact and
Conclusions were adopted by Council back on May 20 ,2003, and the revised ordinance is now ready
for placement upon an upcoming City Council agenda. Additionally, I have enclosed a revised
Summary Ordinance and the cover letter, which revised Summary Ordinance will need to be
presented to the Council at the same time the full revised annexation and zoning ordinance is
presented to Council for approval.
If you have any questions arise, please advise.
Very y ,
Wm. F.
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CITY OF MERIDIAN
ORDINANCE N0.03-.
AN ORDINANCE FINDING THAT, SJJV, L.L.C., AN IDAHO LIMITED LIABILITY COMPANY,
THE OWNER OF CERTAIN REAL PROPERTY GENERALLY LOCATED AT 360 EAST
MONTVUE DRIVE, MERIDIAN, TO BE KNOWN AS MONTVUE MEDICAL CLINIC 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 LIMITED OFFICE 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 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 owner of said Property, to-wit:
A parcel of land for the purpose of annexation being Lot 2 and the East 40.00 of Lot 3
and the south and easterly half of Monhve Road adjacent to said Lots all being in
Block 5 of Montvue Park Subdivision as recorded in Book 17 of Plats at Pages 1107
and 1108 located in the NW '/4 of Section 16, T.3N., R.lE., B.M., Ada County, Idaho
and more particularly described as follows:
ANNEXATION AND ZONING ORDINANCE (AZ-03-004)
PAGE 1 OF 4
Beginning at a 5/8 inch rebaz marking the SE corner of said Lot 2 thence along the
South line of said Lots N88°46'46" W a distance of 287.35 feet to a point;
Thence leaving said South line N00°00'42" E a distance of 176.92 feet to a point on
the centerline of said Montvue Road;
Thence along said centerline S89°04'00" E a distance of 40.33 feet to a point;
Thence along the azc of a curve to the left having a radius of 39.47 feet, an arc length
of 62.58 feet, a central angel of 90°50'47", and a chord bearing N45°30'37" E a
distance of 56.23 feet to a point;
Thence leaving said centerline S89°04'00" E a distance of 207.55 feet to the NE
corner of said Lot 2;
Thence along the East line of said Lot 2 800°11'07" W a distance of 218.41 feet to
the POINT OF BEGINNING.
Said parcel contains 1.37 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 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 Limited Office 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: 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 ,and that the uses are to be developed under the planned unit
development process and conditional use permit process.
ANNEXATION AND ZONING ORDINANCE (AZ-03-004)
PAGE 2 OF 4
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
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 MERIDIAN, IDAHO, this day of
.2003.
MAYOR
ATTEST:
CITY CLERK
First Reading:
ANNEXATION AND ZONING ORDINANCE (AZ-03-004)
PAGE 3 OF 4
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 appeazed 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-03-004)
PAGE 4 OF 4
W
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0
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, appeazed 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~MUvleridianlMeridian 15360MWIontwe Medical Clinic AZ-03A04~CertificationOlClerkOrd.doc
CERTIFICATION OF THE CITY CLERK
OF THE CITY OF MERIDIAN AZ-03-004
WHITE PETERSON
XEVM E. DaV1Us
SULIE KLem FISCHER
WM. F. G]GRAY, Ie
T. GUY HAUAM"
Iiu,HOLm~cA
D. SAMUEL IOFnJSON
WIUWM A. Moaaow
WIUTAM F. NICHOLS"
CMLLSTOPHER S. NYE
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WHITE, PETERSON, MORROW, GIGRAY, ROSSMAN, NYE & ROSSMAN, P.A.
IRm.N A. PCTERSON
EmCA 5. FFm.LtPS
ERIC S. ROSSMAN
TODD A ROSSMAN
1YRRENCe R. WwTE++
NICHOLAS L. WOLLEN
ATTORNEYS AT LAW
NAMPA OFFICE
5700 E. FaANxuN Rn,
SUrre 200
NAMPA, IDAHO 83653-8402
TEL. (208)466-9272
FAX (208) 466-0405
June 23, 2003
William G. Berg, Jr.
City of Meridian
33 E. Idaho
Meridian, Idaho 83642
Re: Ordinance No. 03-_, (SJJV, L.L.C., an Idaho Limited Liability Company)
Summary of Publication
Deaz Will:
Pursuant to the direction of the Meridian City Council, this office has prepared a
summazization of the ordinance providing for an annexation and zoning ordinance for SJJV, L.L.C.,
an Idaho Limited Liability Company, 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 aze hereby directed to file this statement with the ordinance, pursuant to the
provisions of Idaho Code § 50-901(A).
Very truly yours ~~~~ ~ „
Wm. F. Nicho s /f~//
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
SJJV, L.L.C., an Idaho Limited Liability Company, to be known as Montvue Medical
Clinic, consisting of 1.37 acres and commonly located at 360 East Montvue Drive,
Meridian, with a zoning designation of L-O Limited Office; 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 annexation being Lot 2 and the East
40.00 of Lot 3 and the south and easterly half of Montvue Road adjacent
to said Lots all being in Block 5 of Montvue Park Subdivision as recorded
in Book'17 of Plats at Pages 1107 and 11081ocated in the NW '/4 of
Section 16, T.3N., R.IE., B.M., Ada County, Idaho and more particularly
described as follows:
Beginning at a 5/8 inch rebaz marking the SE corner of said Lot 2 thence
along the South line of said Lots N88°46'46" W a distance of 287.35 feet
to a point;
Thence leaving said South line N00°00'42" E a distance of 176.92 feet to
a point on the centerline of said Montvue Road;
Thence along said centerline S89°04'00" E a distance of 40.33 feet to a
point;
Thence along the arc of a curve to the left having a radius of 39.47 feet, an
azc length of 62.58 feet, a central angel of 90°50'47", and a chord bearing
N45°30'37" E a distance of 56.23 feet to a point;
Thence leaving said centerline S89°04'00" E a distance of 207.55 feet to
the NE corner of said Lot 2;
Thence along the East line of said Lot 2 S00°11'07" W a distance of
218.41 feet to the POINT OF BEGINNING.
Said parcel contains 1.37 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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