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HomeMy WebLinkAboutParkway Subdivision AZ 03-017WHITE PETERSON WHITE, PETERSON, MORROW, GIGRAY, ROSSMAN, NYE & ROSSMAN, P.A. KEVIN E. DINIU$ PHILLPA. PE38RSON JULIE KLEIN FISCHER ERIC S. PHILLIPS Wat. F. GlcRav, lll Ewc S. ROaSMAN T. GUV HALLAM* Tooo A. ROSSxtnN JILL HOLINKA TERRENCER WHITE*' D. SAMUELJOHNSON NICHULAS L, WULLEN W ILLIAM A. MCRRnw W ILLLNf P. NIDHOLS* CHRISTOPHeR S. NYE 'Also admitted in OR '* Also admitted in WA ATTORNEYS AT LAW October 10, 2003 NAMPA OFFICE 5700 E. FRANKLPI)ZO., SImE200 NAMPA, IDAHO 83653-8402 TEL. (208) 4669272 FAX (206) 46fi-4405 RF~JEIVEI~ CCT 13 2003 William G. Berg, Jr., City Clerk MERIDIAN CITY HALL t;i ty Of IVleridian 33 East Idaho Cit-Y Clerk Office Meridian, Idaho 83642 Re: SIX POINT DEVELOPMENT. /ANNEXATION AND ZONING FINDINGS / AZ ORDINANCE & CERTIFICATION OF CLERK /SUMMARY ORDINANCE AND SUMMARY ORDINANCE COVER LETTER / AZ-03-017 Dear Will: Please find enclosed the original ofthe 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 October 7, 2003, and which are on an upcoming Council agenda. Also, please find enclosed the above AZ Ordinance and the Certification ofthe 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 Grantine Application for Rezone are adopted. Addtttonally, l have enclosed a ~umml 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. Very t ly yo F. Z:\WorkVv>\MeridianVvleridian 15360MWarkway Sub. AZ-03-017 PP-03-0221FFCL and ORD and SUM ORD Clerk LU 10 10 03.doc CITY OF MERIDIAN ORDINANCE NO.03- AN ORDINANCE FINDING THAT, JOHN K. BARYON AND LETA BARYON, OWNERS OF CERTAIN REAL PROPERTY GENERALLY LOCATED AT 355 WEST USTICK ROAD, MERIDIAN, IDAHO, TO BE KNOWN AS PARKWAY 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 LOW DENSITY RESIDENTIAL DISTRICT (R-4), 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 owners of said Property, to-wit: DESCRIPTION FOR PARKWAY SUBDIVISION ANNEXATION A parcel of land located in the NE Ya of Section O1; Township 3 North, Range 1 West of the Boise Meridian, Ada County, Idaho, more particularly described as follows: ANNEXATION AND ZONING ORDINANCE (AZ-03-017) PAGE 1 OF 4 Commencing at the northeast corner of Section 1, T.3N., R.1 W., B.M.; thence N 89° 19'43" W 933.52 feet along the north line of said section to the REAL POINT OF BEGINNING of this description; Thence S 00°17'24" W 933.50 feet to a point; Thence N 89° 19' S3" W 287.59 feet to a point; Thence N 00°17'24" E 933.51 feet to a point; Thence S 89°19'43" E 287.58 feet to the REAL POINT OF BEGINNING of this description; This parcel contains 6.16 acres, more or less. 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 Low Density Residential District (R-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 are 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. ANNEXATION AND ZONING ORDINANCE (AZ-03-017) PAGE 2 OF 4 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 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: Adopted after first reading by suspension of the Rule as allowed pursuant to Idaho Code 50- 902 Yes: No: Second Reading: Third Reading: ANNEXATION AND ZONING ORDINANCE (AZ-03-017) PAGE 3 OF 4 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 yeaz first above written. (SEAL) NOTARY PUBLIC FOR IDAHO RESIDING AT: MY COMMISSION EXPIItES: Z:\WorkN7lMeridianVvleridian 15360ivNazkway Sub. AZ•03-017 PP-03-022\AZOrd.dac ANNEXATION AND ZONING ORDINANCE (AZ-03-017) PAGE 4 OF 4 Q W ~ ~ I ~ _ II~ a U ~ i~ Z I LL ~' W LLZ OZ rz Ow am w M ~~ N Y U F as N O Z Z O m N 0' W H .05'££6 M~4Z~L 6,0 3nbZ~L Le00N Q LL I~ ~ ~ Q t O> ~ _ oN z -a z K ~ _ W ~ I- W W a UfA ~ ~~°- z,, ca ~ ~~a OF- o ~ o ~ o ~3W - ~' ~ a ~ Uwe ~ z O O m ~ I ~'~ _ ~ ~ n rn N 0 y m 0 a 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\M1MeridianVNeridian 1536DMWarkway Sub. AL03-017 PP-03-022\Certi6cationOtClerkOrd.doc CERTIFICATION OF THE CITY CLERK OF THE CITY OF MERIDIAN AZ-03-017 PAGE 1 of 1 WHITE PETERSON WHITE, PETERSON, MORROW, GIGRAY, ROSSMAN, NYE & ROSSMAN, P.A. KEYW E. DP11G5 Plm.~ A PEEERSON JDLIE JCLEw FlSCfffR ERICA S. Ptm,LO's WM. F. GIGAAY, $ ERIC S. RDSSMAN T. GVY HALLAM" TODOAR0.55MAN ]ILL HDLN'%A TRRRENCER. WWTE"' JILL HOLEVRA NICF[OIASL WOLLEN D. SAMUEL IDHNSON WILLIAM A. MORROW WILLIAM F. NICHDLS" Cxms'roexE0.5. NYE ATTORNEYS AT LAW 5700 a FRANIaW RU., SurrE 200 NAMPA, IDAHO 83653-8402 TEL (208) 466-9272 PAZ (208) 466-0405 NAMPA OFFICE 5700 E FAANIa.eJ RD., SurrE 200 NAMPA, IDAHO 63fi53-8402 TEL. (208)466-9272 FAA (208)466-4405 PLEASE REPLY TO NAMPA OFFICE "Also admitted in OR s« Also admitted m WA Williarn G. Berg, Jr. City of Meridian 33 E. Idaho Meridian, Idaho 83642 October 10, 2003 Re: Ordinance No. 03- , (John K. Barton and Leta Barton) 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 John K. Barton and Leta Barton, 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 ordirlance. You are hereby directed to file this statement with the ordinance, pursuant to the provisions of Idaho Code § 50-9C' ' ' ' Enclosure Z:1Work~MlMeridianlMeridian 15360NPPm~kway Sub. AZ-03A17 PP-03-022~Berg Sum Ord Lir 10 10 03.doc NOTICE AND PUBLISHED SUMMARY OF ORDINANCE PURSUANT TO I.C. § 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 John K. Barton and Leta Barton, to be known as Parkway Subdivision, consisting of 6.16 acres and commonly located at 355 West Ustick Road, Meridian, Idaho, with a zoning designation of R-4 Low 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. DESCRIPTION FOR PARKWAY SUBDIVISION ANNEXATION A parcel of land located in the NE'/4 of Section O1; Township 3 North, Range 1 West of the Boise Meridian, Ada County, Idaho, more particularly described as follows: Commencing at the northeast corner of Section 1, T.3N., R.1 W., B.M.; thence N 89°19'43" W 933.52 feet along the north line of said section to the REAL POINT OF BEGINNING of this description; Thence S 00°17'24" W 933.50 feet to a point; Thence N 89° 19'53" W 287.59 feet to a point; Thence N 00° 17'24" E 933.51 feet to a point; Thence S 89°19'43" E 287.58 feet to the REAL POINT OF BEGINNING of this description; This parcel contains 6.16 acres, more or less. 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: Z:\Work\M\MeridianQvleridian 15360NMarkway Sub. AZ-03-017 PP-03-0221SUMANNEXZONGORD.doc