HomeMy WebLinkAboutHighgate Sub AZ 03-019WHITE PETERSON
WHITE, PETERSON, MORROW, GIGRAY, ROSSMAN, NYE & ROSSMAN, P.A.
KEVIN E. DINIUS PHll.IPA. PETEPSON
JDLIfi KLE1N FISCHHR ERICA S. PHILLIPS
WM. F. GIGRAY, II[ ERIC S. AO&SMAN
T. GOY HAI.wm' TDDD A. AD$SMAN
JILL HOLINI(A TERRSNCE R. WHrre*"
D. SAMOeLJOxNSON NICHOLAS L. Wow.eN
WILLNM A MORROW
WILLIAM F. NICHOL3*
CHRISTOPHfiR S. NYE
ATTORNEYS AT LAW
NAMPA OFFICE
5700 e.FRANRUNRn,
SLATE 200
NAMPA, IDAHO 83687-8402
TEL. (208) 466-9272
FAA (208) 466-4405
'Also admitted in OA
* Also admitted in
WA
October 20, 2003
~~t: i" ;l ~ 2003
William G. Berg, Jr., City Clerk ,~?~`~ Ot ~Ierid{~..
MERIDIAN CITY HALL ~,ity Clerk Office
33 East Idaho
Meridian, Idaho 83642
Re: ~~EMENTESAZ ORD NANCE &ICOERTIFICA ION O CLERK / SUMMAR ORD NANCE
AND SUMMARY ORDINANCE COVER LETTER / AZ-03-019
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 October 14, 2003, and which are
on an upcommg Counml agenda. I have also attached the original of the Development Agreement for the
owner/developer signatures. After the Council meeting, if Council approves the Findings of Fact and
Conclusions of Law for the above matter, then the Findings will need to be attached to the Development
Agreement 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/developer 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
~ ~+___~_--d........C i ..... and llaricinn and (lYdeY
Grantine~Aaulication for Rezone are adoated. Additionally, I have enclosed a ~uminary
Ordinance and the cover letter, which Summary Ordinance will need to be presented to the Council
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 truly
Wm. F. Nichols
Z:\Work\MN4eridian\ivleridian 15360MlPlighgate Sub. AZ-03-019 PP-03-023 CUP-03-039\FFCL DEV AGMT ORD Clerk Ltr 10 20 03.doc
ADA COUNTY RECORDER J. DAVID NAVARRO o
BOISE IDAHO 01116104 09:38 AM
DEPUTY Bonnie Oberbillig
RECORDED-REQUEST OF
Meridian City ~~~~~~~~~~~~~~~~~~~~I~~~~~~~~~~~
AMOUNT .00 1040@5296
CITY OF MERIDIAN
ORDINANCE N0.83r d `7"IQA~ ?'
AN ORDINANCE FINDING THAT, EAGLE SPRINGS INVESTMENTS, LLC, THE OWNER OF
CERTAIN REAL PROPERTY GENERALLY LOCATED ON THE EAST SIDE OF MERIDIAN
ROAD, APPROXIMATELY '/< MILE SOUTH OF USTICK ROAD, MERIDIAN, IDAHO, TO BE
KNOWN AS HIGHGATE 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 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:
ANNEXATION AND ZONING ORDINANCE (AZ-03-019)
PAGE 1 OF 5
ANNEXATION DESCRIPTION
FOR PROPOSED HIGHGATE SUBDIVISION
A parcel of land located in Government Lots 4 and 5 of Section 6, T.3N, R.lE., B.M., Ada
County, Idaho, more particularly described as follows: Commencing at the northwest comer of said
Section 6, from which the'/a corner common to Section 1 of T.3N., R.1 W., and the said Section 6
beazs South 00°17' 16" West, 2658.29 feet; thence South 00°17' 16" West, 1329.19 feet to the
southwest corner of said Government Lot 4 and the REAL POINT OF BEGINNING;
Thence along the South line of said Lot 4 North 89°43'38" East, 411.39 feet to a point in the
remnants of an old farm ditch;
thence along said ditch North 1°13'23" West, 307.00 feet to a point in the center of the
Onweiler Lateral (formerly described as the Ridenbaugh Canal);
thence along the center of said canal the following courses and distances;
South 68°19'06" East, 48.68 feet;
South 85°39'01" East, 72.50 feet;
North 88°07'00" East, 67.45 feet;
North 80°27'34" East, 80.49 feet;
North 63°05'39" East, 54.14 feet;
North 44°OS' 12" East, 70.58 feet;
North 32°55'12" East, 131.51 feet;
North 44°42' 12" East, 53.40 feet;
North 51 °02' 12" East, 216.80 feet;
ANNEXATION AND ZONING ORDINANCE (AZ-03-019)
PAGE 2 OF 5
North 83°13'00" East, 50.92 feet to a point on the East line of said Lot 4 and the West line of
Bedford Place Subdivision, as same is recorded in Book 70 of Plats at Page 7162, records of Ada
County, Idaho;
thence along said line South 00°19'02" West, 661.67 feet to the southwest corner of said
Bedford Place Subdivision;
thence along the South line of said Government Lot 4 South 89°43'38" West, 39.70 feet to a
point in the center of a drain ditch;
thence along said ditch South 35°30' 12" West, 258.83 feet;
thence South 53°44'51" West, 493.59 feet;
thence departing said ditch South 89°43' 38" West, 505.50 feet to a point on the centerline of
Meridian Road, being also a point on the West line of afore said Government lot 5;
thence along said centerline and said West line North 00°17' 16" East, 500.00 feet to the
Point of Beginning. Containing 16.00 acres, more or less.
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 boundazies ofthe 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
yoo4-
the owner of the land described in Section 1 dated the FJ~ dayof ~Qhuu~. ,~'~', and that
ANNEXATION AND ZONING ORDINANCE (AZ-03-019)
PAGE 3 OF 5
the uses aze to be developed under the planned unit development process and conditional use pennit
process.
SECTION 6: All ordinances, resolutions, orders or parts thereof in conflict herewith aze
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.
ANNEXATION AND ZONING ORDINANCE (AZ-03-019)
PAGE 4 OF 5
PASSED BY THE COUNCIL OF THE CITY OF MERIDLAN, IDAHO, this ~~~ day of
c~~ X3,200¢.
APPROVED BY THE MAYOR OF THE CITY OF MERIDIAN, IDAHO, this ~~ day of
~c~n.a~+~r. ,4993r2oo¢
M YOR
ATTEST:
/dam
CITY CLERK
First Reading: ~- 6 - D¢
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,)
ss.
County of Ada )
2DO9-
On this b~ day of January ,4983, 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.
~~nn.u..q~, .,/
(SEAL) ~, !•'tyOTgR~ i ~ N PUBLIC FOR IDAHO
#. ~~~ . ~ : S ING AT: r1 r'
MY COMMISSION EXPIRES: 0 30 7
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ANNEXATION AND ZONING ORDINANCE (AZ-03-019)
PAGE 5 OF 5
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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. g3,p¢(ObZ , passed by the
City Council of the City of Meridian, on the ~~ day of ~LLhN,tlti y ~3.~-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. ~~,~+++"""'+++n,,,
WILLIAM G. BERG,
STATE OF IDAHO, )
County of Ada,
ss.
~~ a` Of MER10/ o°
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On this ~~` day of ctw.-ar in the year~99~3, before me,
Ja-t~.u cr. G... 5Mi•~ , 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.
~~" 11j.~ .«..mo~sAyfy.,
(SEAL) ~ ~.~
B H ~VBLIC ' a
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t ublic for Idaho
o fission Expires: 01I~~U7
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CERTIFICATION OF THE CITY CLERK OF THE CITY OF MERIDIAN
AZ-03-019
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PAGE 1 OF 1
WHITE PETERSON
WHITE, PETERSON, MORROW, GIGRAY, ROSSMAN, NYE & ROSSMAN, P.A.
KEVPI E.DWIUS PmEw A. PETERSON
Im.m 10.Emm FLSCF®L Ewc,s S. Ptm.ues
WM. F. GIGRAY, I0 EwC S. RgSSMAN
T. Guv HAUaM' Touo A. ROSSMAN
IOr.HOUwRn TERRexceR. Wtvre••
11u, HGEwR.t NIGxGEns L. WOLLECI
D. SAMUEE lorwsox
Wlu.wM A MORRGw
WILLIAM F. NrCxors'
CwoSroeto:R S. NYE
ATTORNEYS AT LAW
5700 E. FRANq,P! RD.,
SurcE200
NAMPA, IDAH083663-8402
TEL (208) 466-9272
FAx (208) 466-4405
NAMPA OFFICE
5700 E. FRANKEw Rn,
SU1m 200
NAMPA, IDAHO 83653-8402
TEL. (206) 466-9272
FAX (208)466-0405
PLEASE REPLY TO
NAMPA OFFICE
'Also admitted in OR
'• Also admitted in WA
William G. Berg, Jr.
City of Meridian
33 E. Idaho
Meridian, Idaho 83642
October 20, 2003
Re: Ordinance No. BS~~`y6Z(EAGLE SPRINGS INVESTMENTS, LLC)
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 Eagle Springs
Investments, LLC, 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 are hereby directed to file this statement with the ordinance, pursuant to the
provisions of Idaho Code § 50-'
Enclosure
Z:4Work\MVYleridianlMeridian 15360MlHigbgOte Sub. AZ-03-019 PP-03-023 CfJP-03-0391Berg Sum Ord Ltr 10 20 03.doc
NOTICE AND PUBLISHED SUMMARY
OF ORDINANCE PURSUANT TO I.C. § 50-901(A)
CITY OF MERIDIAN ORDINANCE N0.03- 04-/°62
PROVIDING FOR AN ANNEXATION AND ZONING ORDINANCE
An Ordinance of the City of Meridian granting annexation and zoning for land owned by
Eagle Springs Investments, LLC, to be known as Highgate Subdivision, consisting of
16.00 acres and commonly located on the east side of Meridian Road, approximately''/4
mile south of Ustick 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 Description
A parcel of land located in Govemment Lots 4 and 5 of Section 6, T.3N., R.lE.,
B.M., Ada County, Idaho, more particularly described as follows: Commencing at the
northwest corner of said Section 6, from which the '/< corner common to Section 1 of
T.3N., R.1 W., and the said Section 6 bears South 00°17' 16" West, 2658.29 feet; thence
South 00° 17' 16" West, 1329.19 feet to the southwest comer of said Government Lot 4
and the REAL POINT OF BEGINNING;
Thence along the South line of said Lot 4 North 89°43'38" East, 411.39 feet to a
point in the remnants of an old farm ditch;
thence along said ditch North 1 ° 13'23" West, 307.00 feet to a point in the center
of the Onweiler Lateral (formerly described as the Ridenbaugh Canal);
thence along the center of said canal the following courses and distances;
South 68°19'06" East, 48.68 feet;
South 85°39'01" East, 72.50 feet;
North 88°07'00" East, 67.45 feet;
North 80°27'34" East, 80.49 feet;
North 63°05'39" East, 54.14 feet;
North 44°OS' 12" East, 70.58 feet;
North 32°55' 12" East, 131.51 feet;
North 44°42' 12" East, 53.40 feet;
North 51 °02' 12" East, 216.80 feet;
North 83°13'00" East, 50.92 feet to a point on the East line of said Lot 4 and the
West line of Bedford Place Subdivision, as same is recorded in Book 70 of Plats at Page
7162, records of Ada County, Idaho;
thence along said line South 00°19'02" West, 661.67 feet to the southwest comer
of said Bedford Place Subdivision;
thence along the South line of said Government Lot 4 South 89°43'38" West,
39.70 feet to a point in the center of a drain ditch;
thence along said ditch South 35°30' 12" West, 258.83 feet;
thence South 53°44'51" West, 493.59 feet;
AZ-03-019
thence departing said ditch South 89°43'38" West, 505.50 feet to a point on the
centerline of Meridian Road, being also a point on the West line of afore said
Government lot 5;
thence along said centerline and said West line North 00°17'16" East, 500.00 feet
to the Point of Beginning. Containing 16.00 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 cTgn+.~cu~ wy. ,'386200¢
o~y,o~ umM il~p~^ '.
°~~ ~ °"i°~L~'''
C)' ~~wo~ rF
City of Meridian ~ = AL
v '~
Mayor and City Council ~°
By: William G. Berg, Jr., City Clerk `; '9p ~US_ tsT ~ 1 3~ c`
First Reading: ~-6 - D ~ ~'~. 9 Cnl ~. ~,l ~~P ~~~
Adopted after first reading by suspension of t`K63~y~e;a5.ak8wed pursuant to Idaho Code
50-902: YES NO
Second Reading: ~-
Third Reading: ~-
Z:1Work1MlMeridianlMuidian 15360M¢Iighgate Sub. AZ-03-019 PP-03-023 CUP-03--039lSUMANNEXZONGORD.doc
AZ-03-019