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HomeMy WebLinkAboutCedar Springs North AZ 02-028 Ord RECEIVED MAR 0 5 2003 City Of Meridian City Clerk Office WHITE PETERSON KlMNE. DoolIs l1/IlB K1EtN FlBcHER WM. F. GiGRAY..lD T, GuY lIAu..AW' D. SAMLlIlL JOHNSON lMwAMA_ WD..UAMF. NICHOLS'" CHlusTOPHER S. NYE WHITE, PETERSON, MORROW, GIGRAY, ROSSMAN, NYE & ROSSMAN, PA :=::-=0>< ATTORNEYS AT LAW NAMPAOFFICE Blue s. ROSSMAN 5700 E. Fll.ANKuN RD., 'S\.llTE200 ToooA ROSSMAN NAMPA, IDAHO &36%7-&402 DAVID M SWARTLHY lEL. (208) 466-9272 PAMaAJ. 'fA1U.OW FAX (208) 466-4405 1'ERRENcE R WHrrE.. NrcBof...AsL. WOWlN *AIro ad!nitted in OR .. Also admitted in WA February 28, 2003 William G. Berg, Jr. City of Meridian 33 E. Idaho Meridian, Idaho 83642 Re: Ordinance No. 03--, (Howell-Murdoch Development Corporation and Chukar Estates) Summary of Publication Dear Will: Pursuant to the direction of the Meridian City Council, tbis office has prepared a summarization of the ordinance providing for an annexation and zoning ordinance for Howell- Murdoch Development Corporation and Chukar Estates, pursuant to the City's action. I do hereby advise the City, aod make tbis 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 ofIdaho Code ~ SO-901(A). Very truly yours, Wm. F. Nichols Enclosure Z:\Worl<\M\MDridianlMeridi.. 1536<lM\CedarSpring> Norili Sub AZ-02-028 PP-OZ-027\Berg Sum OrdLtrOZ 28 03.doc CITY OF MERIDIAN ORDINANCE NO. 03- AN ORDINANCE FINDING THAT, HOWELL-MURDOCH DEVELOPMENT CORPORATION AND CHUKAR ESTATES, THE OWNERS OF CERTAIN REAL PROPERTY GENERALLY LOCATED ON THE SOUTH SIDE OF W. McMILLAN ROAD, 14 MILE WEST OF N. MERIDIAN ROAD, MERIDIAN, TO BE KNOWN AS CEDAR SPRINGS NORTH 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 LIMITED OFFICE DISTRICT (1-0); 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 adjacentto 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: CEDAR SPRINGS NORTH ZONE R-8 PARCEL DESCRIPTION ANNEXATION AND ZONING ORDINANCE (AZ-02-028) - I A parcel of land, being a portion of the West Yz of the Northeast 1/4 of Section 36, T.4N., RIW., B.M., Ada County, Idaho, being more particularly described as follows: Commencing at the North y., corner of said Section 36 marked by a found Yz" iron pin, thence along the northerly boundary of Section 36 South 89027'39" East, 549.70 feet to the POINT OF BEGINNING; thence continuing along the Northerly boundary of Section 36, South 89027'39" East, 791.15 feet to the Northeast comer of said West Yz of the Northeast y., of Section 36; thence leaving said Northerly boundary, South 00028'44" West, 2,653.26 feet to the Southeast corner of said West Yz of the Northeast y., of Section 36; thence along the East-West center line of said Section 36, North 89009'38" West, 1,340.20 feet to the Center Y4 of Section 36 marked by a found 5/8" iron pin stamped "PLS 8248"; thence along the North-South center line of said Section 36, North 00027' 51" East, 1990.67 feet to a poiot; thence leaving said North-South center line, South 89032'09" East, 244.20 feet to a point; thence South 00027'51" West, 65.00 feet to a poiot; thence South 89032'09" East, 139.80 feet to a point; thence South 85027'40" East, 76.57 feet to a point on a non-tangent curve; thence along curve to the right 206.60 feet, said curve having a radius of 108.00 feet, a central angle ofl09036'08", tangents of 153.11 feet, and a chord of 176.51 feet which bears North 26007'25" East to a point of non-tangency; thence North 21032'21" East, 7.05 feet to a point of curvature; thence along said curve to the left 53.15 feet, said curve having a radius of 145.00 feet, a central angle of21000'00", tangents of26.87 feet, and a chord of52.84 feet which bears North 11002'21" East to a point of tangency; thence North 00032'21" East, 507.66 feet to the POINT OF BEGINNING. Said parcel containing 73. 13 acres more or less. ANNEXA nON AND ZONING ORDINANCE (AZ-02-02&) - 2 AND CEDAR SPRINGS NORTH ZONE L-O PARCEL DESCRIPTION A parcel of/and, being a portion of the West Y:z of the Northeast V. of Section 36, TAN., R.l w., B.M., Ada County, Idaho, being more particularly described as follows: Commencing at the North 'I. comer of said Section 36 marked by a found Yz" iron pin, being the POINT OF BEGINNING; thence along said Northerly boundary, South 89027'39" East, 549.70 feet to a point; of curvature; thence leaving said Northerly boundary, South 00032'21" West, 507.66 feet to a point thence along said curve to the right 53.15 feet, said curve having a radius of 145.00 feet, a central angle of2 I 000'00", tangents of26.87 feet, and a chord of 52.84 feet which bears South 11002'21" West to a point of tangency; thence South 21032'21" West, 7.05 feet to a point on a non-tangent curve; thence along said curve to the left 206.60 feet, said curve having a radius of 108.00 feet, a central angle of 109036' 08", tangents of 1 5 3. 11 feet, and a chord of 176.51 feet which bears South 26007'25" West to a point of non-tangency; thence North 85027'40" West, 76.57 feet to a point; thence North 89032'09" West, 139.80 feet to a point; thence North 00027'51" East, 65.00 feet to a point; thence North 89032'09" West, 244.20 feet to a point on the North-South center line of said Section 36; thence along said North-South center line, North 00027'51" East, 655.57 feet to the POINT OF BEGINNING. Said parcel containing 8.41 acres more or less. ANNEXA nON AND ZONING ORDINANCE (AZ-02-028) - 3 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 descnbed shall be zoned Medium Density Residential District (R-8) and Limited Office District (1-0). 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 I 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 ANNEXATION AND ZONING ORDINANCE (AZ-02-028) - 4 annexed, with the following officials of the County of Ada, State ofJdaho, 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 ofIdaho, all in compliance with Idaho Code g63-2215 and 950- 223. PASSED BY THE COUNCIL OF THE CITY OF MERIDIAN, IDAHO, this ,2003. day of APPROVED BY THE MAYOR OF THE CITY OF MERIDIAN, IDAHO, this ,2003. day of 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-02-028) - 5 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 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: Z:IWod;.\M\Meridi...IMeridilln I 5360MlCedar springs NorIh Sub AZ-02-028 PP-02-0271AZOrd.doc ANNEXATION AND ZONING ORDINANCE (AZ-02-028) - 6 ~ Cl ....'" 0;0 !z;;; ~ ~ ~~ ~ *1 o o ",;;;~ OJ!! . :I: ~ ltl '-' z o ;:: O~~ UJ in ;.. '" N!" - r... S o Po o ~:;: '" Z Z o :I: '-' f- Z~... W,,":CO W Cl Ii!,; ...J Z _ N m< ~W ...J ~ ~ ~~ [(<1"8 ::t -< O'J;" o ~ ~ C'4 W o a~ N"'lal~3V\1 N Cl 0:: Z ::s ....J ::!i! u ::;: S ,99'L09 3,,~i:,i:f:oOON - ~g8 ~ ~! '" :I: .... g.. Cl .~ %8&\ W N -' W 6:-.. ::>uu '-' J: I~ Z~ 'Z~<(~~ 000 0:: Ou>lXl Z ,n Z - '0 'V . ct:ffiz WZI-UJ:;:< ()- ::EoQ ZO::~u.l<~ <(00 c.. S 0 ~ i5 Z u~H O~ ~ _u.i:E 0::0 Oi Ow () ~~fU~ ~fl~~~~ m!~UJcnz W ....J m ~:I: ~l'l8li!:;;8 Wz z~,;l!l:e"': _UJN<a'_ ....J...J '9JS9i: M,.vv ,\li:0009 $'1 z.j ~ o Z oo"'i' C)[( Zw -z [:0 OON 0: ~ W o GI ~ ....J ~:i~~S~ ::i ,L9'066~ 3,,~S,aoOON ~ >' lD ~ <( '" o ~ I'" '" o ~ Z b '" 0- .... '" ~ n ~ ~ ~z I-Z Z- ~~ a~ N'Vla~3~ N .99'LO!i M.~~OOS Ul ~ 0 -:J: ' 0::1--' ll.o::W UlOZ ~z2 o ~ .L~r!i!i9 3..~!i~OON o , Ul ~ ! '" Q ::c I- \0:: z ~ o s: <(~~ . Z Ii Cliijl:) o en . OC ",0 ZC)~UJ~~ UJ Z 1-_ :?i ~ _. ~o:: lllLLOffi3: <(0.. a ~~ zen",,>-s:w -O:::ilt-w:E 0<( tI) 0g 0::0 <D OUJ () o _ 0:::;", O . <D N.... :J:"'_ U 5 ~ u.I W U = rn W-N o::"'f.- -So 0:'-(0 O_N o::zz o J: U !z _ w...._ el:lti w z C"II.... -'<( lDl- <( t-~ !5!~~l 0:: <( . 10 ::J -0 0~N_ ~ ~ \71 ~ 199~ - "8 ~~- J: I-"'lil el- " Zri8 w"'''' -' ~ ~ ~ t:: w <') -' .. .:( ~ III Q wj<:w el~~~lO~ ~!::f.-Nf.-l:l O::C")t"I!:l!;'lc>> ;li1;;~!~~ m z.. ~ lD <(J: 0 ~ t-I-",:;;",~... W<.!)qcd~~~ Z z "" "'"..- _ w -'-' UJ.....N~~~ Z -'-' :J CERTIFICATION OF mE CITY CLERK OF mE CITY OF MERIDIAN To: The Recorder, Auditor, Treasurer and Assessor of Ada Connty, and The State Tax Commission of the State ofIdaho 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 ofthe 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 ofthe City Clerk of the City of Meridian. WILLIAM G. BERG, JR. STATE OF IDAHO, ) : ss. County of Ada, ) 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\Meridian\MeridianI5360M\CedarSprings North Sub AZ-02-028 PP-OZ-Q27\CertificatimOfi:lerkOrd.doc CERTIFICATION OF THE CITY CLERK OF THE CITY OF MERIDIAN AZ-02-028 gtJ.~!V~O ~tR: ~ 5. ~~ ~~l. WHITE PETERSON KEVlNE.DINlUS JULIE KLEIN FISCHER WM. F. GIGRAY,IU T.GUVHALLAM' D. SAMUEL JCHNSON WlLLIAM A MORROW WlLl.l4.M F. NICHOLS' CHRIsTOPHER S. NVE WHITE, PETERSON, MORROW, GrGRA Y, ROSSMAN, NYE & ROSSMAN, P.A. PHn.~APETERSON A L NAMPA OFFICE EIllCAS,PHlLUPS TTORNEYSAT AW 5700 E. FRANKlIN RD., ERic S. RosSMAN SUITE 200 TODD A. ROSSMAN NAMPA, IDAHO 83687-8402 DAVIDM.SWARlLHY TEL. (208)466-9272 PAMELA J. TARLO\.V FAX (208) 466-4405 TERRENCE R. WHITE" NIOIOLAS L WOLLEN 'Also admitted io OR .. Also admitted in W A February 28, 2003 William G. Berg, Jr. City of Meridian 33 E. Idaho Meridian, Idaho 83642 Re: Ordinance No. 03-_, (Howell-Murdoch Development Corporation and Chukar Estates) Summary of Publication Dear Will: Pursuant to the direction of the Meridian City Council, this office has prepared a sununarization of the ordinance providing for an annexation and zoning ordinance for Howell- Murdoch Development Corporation and Chukar Estates, pursuant to the City's action. I do hereby advise the City, and make this statement, that said sununary 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 ofIdaho Code 9 50-901(A). Very trulYYour.S ~ Enclosure Z:\Work\M\Meridian\MeridianlS360M\CedarSprings Nonh Sub AZ-02...o28 PP-02~27\BergSum Oed Ltr 02 28 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 Howell-Murdoch Development Corporation and Chukar Estates, to be known as Cedar Springs North Subdivision, consisting of81.54 acres and commonly located on the south side of W. McMillan Road, V. mile west ofN. Meridian Road, Meridian, with a zoning designation ofR-8 Medium Density Residential and 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. Legal Descri ption CEDAR SPRINGS NORTH ZONE R-8 PARCEL DESCRIPTION A parcel of land, being a portion of the West Y2 of the Northeast I;' of Section 36, TAN., R.1 W., B.M., Ada County, Idaho, being more particularly described as follows: Commencing at the North V. comer of said Section 36 marked by a found y," iron pin, thence along the northerly boundary of Section 36 South 89027'39" East, 549.70 feet to the POINT OF BEGINNING; thence continuing along the Northerly boundary of Section 36, South 89027'39" East, 791.15 feet to the Northeast comer of said West Y2 of the Northeast V. of Section 36; thence leaving said Northerly boundary, South 00028'44" West, 2,653.26 feet to the Southeast comer of said West Y2 of the Northeast V. of Section 36; thence along the East-West center line of said Section 36, North 89009'38" West, 1,340.20 feet to the Center V. of Section 36 marked by a found 5/8" iron pin stamped "PLS 8248"; thence along the North-South center line of said Section 36, North 00027'51" East, 1990.67 feet to a point; thence leaving said North-South center line, South 89032'09" East, 244.20 feet to a point; thence South 00027'51" West, 65.00 feet to a point; thence South 89032'09" East, 139.80 feet to a point; thence South 85027'40" East, 76.57 feet to a point on a non-tangent curve; thence along curve to the right 206.60 feet, said curve having a radius of 108.00 feet, a central angle of 109036'08", tangents of 153. I 1 feet, and a chord of 176.5 I feet which bears North 26007'25" East to a point of non-tangency; thence North 2 I 032 '21" East, 7.05 feet to a point of curvature; thence along said curve to the left 53.15 feet, said curve having a radius of 145.00 feet, a central angle of2I000'00", tangents of26.87 feet, and a chord of52.84 feet which bears North 11002'21" East to a point oftangency; thence North 00032 '21" East, 507.66 feet to the POINT OF BEGINNING. Said parcel containing 73.13 acres more or less. AND CEDARSPRlNGSNORTH ZONE L-O PARCEL DESCRIPTION A parcel ofland, being a portion of the West Y:z of the Northeast I;:; of Section 36, TAN., RI W., B.M., Ada County, Idaho, being more particularly described as follows: Commencing at the North Yo comer of said Section 36 marked by a found y," iron pin, being the POINT OF BEGINNING; thence along said Northerly boundary, South 89027'39" East, 549.70 feet to a point; thence leaving said Northerly boundary, South 00032'21" West, 507.66 feet to a point of curvature; thence along said curve to the right 53.15 feet, said curve having a radius of 145.00 feet, a central angle of21 000'00", tangents of26.87 feet, and a chord of 52.84 feet which bears South 11002'21" West to a point of tangency; thence South 21032'21" West, 7.05 feetto a point on a non-tangent curve; thence along said curve to the left 206.60 feet, said curve having a radius of 108.00 feet, a central angle of 109036'08", tangents of 153.11 feet, and a chord of 176.51 feet which bears South 26007'25" West to a point of non-tangency; thence North 85027'40" West, 76.57 feet to a point; thence North 89032'09" West, 139.80 feet to a point; thence North 00027'51" East, 65.00 feetto a point; thence North 89032'09" West, 244.20 feet to a point on the North-South center line of said Section 36; thence along said North-South center line, North 00027'51" East, 655.57 feet to the POINT OF BEGINNING. Said parcel containing 8041 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\Meridian\Meridian 15360M\Cedar Springs North Sub AZ-02-028 PP-02.027\SUMANNEXZONGORD.doc