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04-1085 RZ Rock Creek Sub 04-002 (104089432) ADA COUNTY RECORDER J. DAVID NAVARRO BOISE IDAHO 07/15/04 09:57 AM DEPUTY Bonnie Oberbillig RECOROED-REQUEST OF 1111111111111111111111111111111111111 Meridian Cily 104089432 ~T 00 CITY OF MERIDIAN ORDINANCE NO. 04- III ß5' AN ORDINANCE FINDING THAT THE OWNER, FISCAL FUNDING COMPANY OF SAN FRANCISCO, CALIFORNIA, FOR CERTAIN REAL PROPERTY HAS MADE A WRITTEN REQUEST FOR REZONE OF THE ZONING CLASSIFICATION FOR REAL PROPERTY LOCATED ON THE SOUTH SIDE OF PINE AVENUE, APPROXIMA TEL Y 1,200 FEET EAST OF LINDER ROAD, WITHIN SECTION 12, TOWNSHIP 3 NORTH, RANGE 1 WEST, MERIDIAN, IDAHO, AND THAT LIES WITHIN THE BOUNDARIES OF THE CITY OF MERIDIAN FROM L-O (LIMITED OFFICE DISTRICT) ZONING DISTRICT TO R-15 (MEDIUM HIGH DENSITY RESIDENTIAL DISTRICT) AS DEFINED UNDER MERIDIAN CITY CODE SECTION 11-7-2 D, REPEALING ALL ORDINANCES, RESOLUTIONS ORDERS OR PARTS THEREOF IN CONFLICT HEREWITH; AND DIRECTING THE CITY ENGINEER TO ADD SAID REZONING DESIGNATION TO THE OFFICIAL MAPS OF THE CITY OF MERIDIAN, IDAHO. BE IT ORDAINED BY THE MAYOR AND THE COUNCIL OF THE CITY OF MERIDIAN, COUNTY OF ADA, STATE OF IDAHO: SECTION 1. FINDINGS: 1. The owner of the following described property has made a written request for are-zone of the zoning classification for the subject Real Property herein described ITom L-O (Limited Office) District to R-15 (Medium High Density Residential) District as defined under Meridian City Code § 11-7-2 E; and ROCK CREEK SUBDIVISION (R-15) RZ-O4-002 ! RE-ZONE ORDINANCE PAGE 1 OF4 LEGAL DESCRIPTION FOR ROCK CREEK SUBDMSION RE-ZONE A parcel ofland located in the Northeast ~ of the Southwest ~ of Section 12, Township 3 North, Range 1 West, Boise Meridian, Ada County, Idaho. Being further described as follows: Beginning at a point on the on the Southerly right-of-way of West Pine Avenue, ITom which the West ~ corner of said section 12 bears North 88°16'59" West a distance of 1,438.62 feet; thence along said right -of-way South 89°28'41" East a distance of 126.50 feet; thence leaving said right-of-way South 00°33'53" West a distance of 128.50 feet; thence South 89°28'41" East a distance of 193.47 feet; thence South 00°33'53" West to the centerline of the Rutledge Lateral a distance of835.83 feet; thence along said Lateral North 88°30'17" West a distance of358.00 feet; thence leaving said lateral North 00°33'53" East a distance of 473.56 feet; thence South 85°24'35" East a distance of38.08 feet; thence North 00°33' 53" East a distance of 487.39 feet to the POINT OF BEGINNING. Said parcel contains an area of approximately 300,772.58 square feet (6.90 acres). BASIS OF BEARINGS: The North line of the Northeast ~ of the Southwest ~ of Section 12, Township 3 North, Range I West, Boise Meridian, derived ITom found monuments and taken as South 89°28'41" East. 2. The City of Meridian Planning and Zoning Commission and City Council having given notice and conducted all public hearings in accordance with law and having issued its findings offact and conclusions oflaw and Decision and Order granting the application for rezone and which conditions and requirements Applicant shall comply; and 3. The real property which is the subject of this ordinance is legally described in Section 1.1. on page I and 2 of this Ordinance. SECTION 2. That the above-described Property be, and the same is hereby re-zoned and ROCK CREEK SUBDIVISION (R-15) RZ-O4-002 / RE-ZONE ORDINANCE PAGE 2 OF 4 designed (R-15) Medium High Density Residential District. SECTION 3. That the City Engineer is hereby direct to alter all use and area maps as well as the official zoning maps depicting the City of Meridian land use zones in accordance with this ordinance. SECTION 4: All ordinances, resolutions, orders or parts thereof in conflict herewith are hereby repealed, rescinded and annulled. SECTION 5. This ordinance shall be in full force and effect ITom and after its passage, approval and publication, according to law. P A~D BY THE COUNCIL OF THE CITY OF MERIDIAN, IDAHO, this 6 - day of J.~ ,2004. APPROVED BY THE MAYOR OF THE CITY OF MERIDIAN, IDAHO, this b -r,,& day of .,¡- ~ ' 2004. c~~-~ ~ Attest: ROCK CREEK SUBDIVISION (R-15) RZ-04-002 I RE-ZONE ORDINANCE PAGE 3 OF 4 First Reading: 7- ¡; - 04- 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. On this 6.flr day of J...\t . ,2004, before me, the undersigned, a Notary Public in and for said State, personally appeared TAMMY de WEERD 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 WHPRPOF, I have hereunto set my hand and affixed my official seal the ~;""""'WJ"'" day and year first a~WJitt~ -'.. ~~~ +~ "'""'" ~)o -" I...'" ..., "";!' '\ ¡/ fJ . ¡ l ~o1AJq \*~ ¿~ . * . _.- . . \ \ l>IJB\.\C} j '\ .,.:-.. ....f .: -. )0-1 '....., >r:~ -".../8 OP \~., ""01""" Z:\WorklMlMeridianlMeridian 15J60MIRockCreekSub RZ-<J4-002 PP-O4-O05 CUP-O4-006\RZOrdinance.doc (SEAL) ROCK CREEK SUBDIVISION (R-15) RZ-O4-002 / RE-ZONE ORDINANCE PAGE 4 OF 4 . . - - 1I.t1.ar- ,------------- --------- ----ì i : , I i : , I i : , I i : , I i ~ : ~ I " : ~ , i. ¡ i ¡ ¡ , , i ¡ ;1 1 ,I r--J 'j I'~ 13, , Ii j , , ¡ i , , ¡ i , , i ¡ ¡ ~ , " ¡ ~ : ~ I II : i I . : i I , : i I , : i I , L___- ------------------_J ,£8'81£ :a.Lt- 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 r inance No. fJ City Council of the City of Meridian, on the ��©04� a passed the _day of ��,�.Qy , 2004, is a true andd 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. tuttttttrirrrrrii of M \�G4 TFO AL ILLIAM G. BERG, JR. -IC6 0 '. 9Q �T I5� • .�` STATE OF IDAHO, ) ''•., '� •�pP�,.��� County of Ada, ) On this 6-�4 day of _� k lv , in the year 2004 before me, G. BERG, JR., known or identified to me to be the City Clerk, respectivvely, of he Citublic, appeared yJofLIAM Meridian, Idaho that executed the said instrument, and acknowledged to me that he executed the same on behalf of the City of Meridian. N...te `7r �.� • 140TAso f `: ' i �UBLtG� 44 Not Pu is for Idaho Co mi ion Expires: 0y��o%� Z:\WOrk\M\Meridian\Me,idian 15360M\Rock Creek Sub RZ-04-002 PP-04-005 CUP-04-006\CertificationOfClerkRZOrd.dcc CERTIFICATION OF THE CITY CLERK OF THE CITY OF MERIDIAN RZ-04-002 PAGE 1 OF 1 KEEIN E. DINIUs JULIE KLEIN FISCHER CHRISTOPHER D. GABBERT WM. F. GIGRAY, III T. GUY HALLAM *• JILL S. HOLINKA JOHN R. KoRMANIK WILLIAM A. MORROW WILLIAM F. NICHOLS ** William G. Berg, Jr. City of Meridian 33 E. Idaho Meridian, Idaho 83642 WHITE PETERSON ATTORNEYS AT LAW WHITE PETERSON, P.A. CANYON PARK AT THE IDAHO CENTER CHRISTOPHER S. NYE 5700 E. FRANKLIN RD., SUITE 200 PHILIP A. PETERSON NAMPA, IDAHO 83687-7901 TODD A. RossMAN TEL (208) 466-9272 TERRENCE R. WHITE "• FAX (208) 466-4405 . Also admitted in CF 's Also admitted in OF *s' Also admitted in W, June 10, 2004 Re: Ordinance No. 04- �95� , (Fiscal Funding Company of San Francisco, California) 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 rezoning ordinance for Fiscal Funding Company of San Francisco, California, 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 § 50-901(A). :Very truly yours, W Enclosure m. F. Nic ols ZAWork\M\Meridian\Meridian 15360M\Rock Creek Sub RZ-04-002 PP-04-005 CUP-04-006\Berg Sum Ltr 06 10 04.doc NOTICE AND PUBLISHED SUMMARY ORDINANCE PURSUANT TO I.C. § 50-901(A) CITY OF MERIDIAN ORDINANCE NO. 04-_L,�gJ PROVIDING FOR A REZONING ORDINANCE An Ordinance of the City of Meridian granting rezoning for land owned by Fiscal Funding Company of San Francisco, California, that is known as Rock Creek Subdivision consisting of 7.48 acres located on the south side of Pine Avenue, approximately 1,200 feet east of Linder Road, within Section 12, Township 3 North, Range 1 West, Meridian, Idaho, with a zoning designation of R-15 Medium High Density Residential District; and to provide for effect of invalidity; providing that all ordinances and resolutions in conflict are repealed and rescinded; and providing an effective date. Legal Description LEGAL DESCRIPTION FOR ROCK CREEK SUBDIVISION RE -ZONE A parcel of land located in the Northeast '/ of the Southwest % of Section 12, Township 3 North, Range 1 West, Boise Meridian, Ada County, Idaho. Being further described as follows: Beginning at a point on the on the Southerly right-of-way of West Pine Avenue, from which the West % corner of said section 12 bears North 88°16'59" West a distance of 1,43 8.62 feet; thence along said right-of-way South 89028'41" East a distance of 126.50 feet; thence leaving said right-of-way South 00°33'53" West a distance of 128.50 feet; thence South 89°28'41" East a distance of 193.47 feet; thence South 00°33'53" West to the centerline of the Rutledge Lateral a distance of 835.83 feet; thence along said Lateral North 88'30' 17" West a distance of 358.00 feet; thence leaving said lateral North 00°33'53" East a distance of 473.56 feet; thence South 85°24'35" East a distance of 38.08 feet; thence North 00°33'53" East a distance of 487.39 feet to the POINT OF BEGINNING. Said parcel contains an area of approximately 300,772.58 square feet (6.90 acres). BASIS OF BEARINGS: The North line of the Northeast '/ of the Southwest % of Section 12, Township 3 North, Range 1 West, Boise Meridian, derived from found monuments and taken as South 89°28'41" East. S%0011 1%wo 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 City of Meridian ��C'G�oRATR 'L Mayor and City Council By: William G. Berg, Jr., City Clerk S,AL First Reading._ 7.6 �� Adopted after first reading by suspei�i�rj e1 b ed pursuant to Idaho Code 50-902: YES_ NO 9 P Second Reading: — �1lPT`l Third Reading:_ /'lt,;1;till,� ZAWork\M\Meridian\Meiidian 15360M\Rock Creek Sub RZ-04-002 PP-04-005 CUP-04-006\Summary Ord.doc