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17-1728 Bancroft Sqaure RZ H-2016-0055ADA COUNTY RECORDER Christopher D. Rich 2017-046808 BOISE IDAHO Pgs=5 VICTORIA BAILEY 05/25/2017 11:59 AM CITY OF MERIDIAN, IDAHO NO FEE CITY OF MERIDIAN ORDINANCE NO. — T.) b BY THE CITY COUNCIL: BIRD, BORTON, CAVENER, MILAM, PALMER, LITTLE ROBERTS AN ORDINANCE (H-2016-0055 — BANCROFT SQUARE) FOR THE RE -ZONE OF A PORTION OF THE NORTHWEST/40F THE SOUTHWEST'/ OF SECTION 21, TOWNSHIP 3 NORTH, RANGE 1 EAST, BOISE MERIDIAN, CITY OF MERIDIAN, ADA COUNTY IDAHO; ESTABLISHING AND DETERMINING THE LAND USE ZONING CLASSIFICATION FROM R-4 (MEDIUM LOW DENSITY RESIDENTIAL) TO R-8 (MEDIUM LOW DENSITY RESIDENTIAL) ZONING DISTRICTS IN THE MERIDIAN CITY CODE; PROVIDING THAT COPIES OF THIS ORDINANCE SHALL BE FILED WITH THE ADA COUNTY ASSESSOR, THE ADA COUNTY RECORDER, AND THE IDAHO STATE TAX COMMISSION, AS REQUIRED BY LAW; AND PROVIDING FOR A SUMMARY OF THE ORDINANCE; AND PROVIDING FOR A WAIVER OF THE READING RULES; AND PROVIDING AN EFFECTIVE DATE. BE IT ORDAINED BY THE MAYOR AND THE CITY COUNCIL OF THE CITY OF MERIDIAN, COUNTY OF ADA, STATE OF IDAHO: SECTION 1. That the following described land as evidenced by attached Legal Description herein incorporated by reference as Exhibit "A" is within the corporate limits of the City of Meridian., Idaho, and that the City of Meridian has received a written request for re -zoning by the owner of said property, to -wit: Reginald Jones and Jack Stolfo. SECTION 2. That the above-described real property is hereby re -zoned fiom the R-4 (Medium Low Density Residential) to R-8(Medium Low Density Residential) zoning districts, in the Meridian City Code. SECTION 3. That the City has authority pursuant to the laws of the State of Idaho, and the Ordinances of the City of Meridian zone said property. SECTION 4. That the City has complied with all the noticing requirements pursuant to the laws of the State of Idaho, and the Ordinances of the City of Meridian to re -zone said property. SECTION 5. That the City Engineer is hereby directed to alter all use and area maps as well as the official zoning maps, and all official maps depicting the boundaries and the zoning districts of the City of Meridian in accordance with this ordinance. SECTION 6. All ordinances, resolutions, orders or pans thereof in conflict herewith are hereby repealed, rescinded and annulled. RE ZONE ORDINANCE — BANCROFT SQUARE RZ H-2016-0055 PAGE 1 OF 3 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, including the lands herein rezoned, 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. SECTION 9. That pursuant to the affirmative vote of one-half (1/2) plus one (1) of the Members of the full Council, the rule requiring two (2) separate readings by title and one (1) reading in fitll be, and the same is hereby, dispensed with, and accordingly, this Ordinance shall be in full force and effect upon its passage, approval and publication. PASSED BY THE CITY COUNCIL OF THE CITY OF MERIDIAN, IDAHO, this day of /'16*/ , 2017. APPROVED BY THE MAYOR OF THE CITY OF MERIDIAN, IDAHO, this day of /l �1 �� 92017. MAYOR de WEERD ATTEST: �P, IAIVAUC�S 'q0 T �GG� 7 r C.J Y COLWS, S, CITY CLERK City of E �IDIAN IF) Ali 0 SEAL REZONE ORDINANCE— BANCROFT SQUARE RZ H-2016-0055 PAGE 2 OF 3 STATE OF IDAHO, ) ss: County of Ada ) On this day of ! , 2017, before me, the undersigned, a Notary Public in and for said State, personally appeared ItAMMY de WEERD and C.JAY COLES, 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. Notary Publicf aho Residing At: My Commission Expires: 3 - -,a0ag. RE ZONE ORDINANCE - BANCROFT SQUARE RZ H-2016-0055 PAGE 3 OF 3 EXHIBIT A May 4, 2016 Rezone Description From Existing R-4 To Proposed R-8 For PROPOSED BANCROFT SQUARE SUBDIVISION A portion of the Northwest 114 of the Southwest 1/4 of Section 21, Township 3 North, Range I East, Boise Meridian, City of Meddian, Ada County, Idaho being more particularly described as follows. COMMENCING at the Southwest corner of said Section 21 from which the West 114 comer of said Section 21 bears North 00*0U01" West, 2700,15 feiat: Thence along the West boundary line of said Section 21 North 00*00'Ul" West, 1350,12 feet to the South Ili 6 corner of said Section 21 and Section 20, Township 3 North, Range I East, Boise Meridian, City of Wrldlan, Ada County, Idaho, being the REAL POINT OF BEGINNING; Thence continuing along said West boundary line North 00'00'01" West, 280,82 feet to the Intersection With the centerline of East Easy Jet Drive-. Thence leaving said West boundafy fine and along said centerline South 80*07146' E ast, 1,029.38 feet 10 the intersection with the centerline of South Nephrite Way;; Thence leaVing the centerline of said East Easy Jet Drive and along the centerfine or said Ew Nephrite Way South 00'51'26" West 154.10 feet; Thence 190,14 feet along the arc of a curve to the right having a radius of 300-00 feet, a central angle of 19'07'31", and a long chord which bears South 1092512" Westa distance of 99.68 feet', Thence South 19"68'68" West, 25.743 feet to the Intertection with the South boundary line of the Northwest 114 of the Southwest 114 of said Section 21; Thence leaving said centerline and along said South boundary line North 89°21'39" West, 1,000.18 feet to the REAL POINT OF BEGINNING. Containing an area of 6-54 acres, more or less. Bancroft Square - MDA H-2016-0055 EXHIBIT B Bancroft Square - MDA H-2016-005 AFFIDAVIT OF PUBLICATION 351462 1625232 STATE OF IDAHO ) )SS.. 1 MERIDIAN, CITY OF County of Ada 33 E. BROADWAY AVENUE Sharon Jessen MERIDIAN ID 83642 of Nampa, Canyon County, Idaho, being first duty sworn, deposes and says: E? 1. That I am a citizen of the United States, and at all times hereinafter mentioned was over the age of eighteen years, and not a party to the above entitled action. 2. That I am the Principle Clerk of the Meridian Press, a weekly newspaper published in the City of Meridian, in the . County of Ada, State of Idaho; that the said newspaper is in general circulation in the said County of Ada, and in the vicinity of Meridian, and has been uninterruptedly published in said County during a period of seventy-eight consecutive weeks prior to the first publication of this notice, a copy of which is hereto attached. 3. That the notice, of which the annexed is a printed copy, was published in said newspaper 1 timd(s) in the regular and entire issue of said paper, and was printed in the newspaper proper, and not in a supplement. That said notice was published the following: 06/02/2017 / STATE OF IDAH County of -Canyon) On this 2nd day of June in the year of 2017 before me a Notary Public, personally appeared. Sharon Jessen, known or identified to me to be the person whose name is "subscribed to the within instrument, and being by me first ; duly sworn, declared that the statements therein are true, and acknowledge to me that he/she exec e same. Notary Public for Idaho Residing at Canyon County My Commission expires 05/04/2021 . •°°'� . ° ``yo7A�y`-� . ' ��f«I711l1111ai15��1\ LEGAL NOTICE NOTICE AND PUBLISHED SUMMARY OF ORDINANCE PURSUANT TO I.C. § 50- 901(A) CITY OF MERIDIAN ORDINANCE NO. 17-1728 PROVIDING FOR RE ZONING ORDINANCE An Ordinance of the City of Meridian granting re -zoning of a portion of the Northwest 1/4 of the Southwest 1/4 of Section 21, Township 3 North, Range 1 East, Boise Meridian, City of Meridian, Ada County. This parcel contains 6.54 acres more or less. Also, this parcel is SUB- JECT TO all easements and rights-of-way of record or implied. As in attached exhibit'B" and is not based on an actual field surrey. A full text of this ordinance is available for inspection at City Hall, City of Meridian, 33 East Broadway Avenue, Meridian, Idaho. This ordinance shall become effective on the 3rd day of June , 2017. City of Meridian Mayor and City Council: By: C.Jay Coles, City Clerk First Reading: 5/23/2017 -Adopted after first reading by suspension of the Rule as allowed pursuant to Idaho Code 50- 902: YES XX NO Second Reading _- Third Reading: - STATEMENT OF MERIDIAN CITY ATTORNEY AS TO ADEQUACY OF SUMMARY OF ORDINANCE NO.17-1728 The undersigned, William L.M. Nary, City Attorney of the City of Meridian, Idaho, hereby cer- tifies that he is the legal advisor of the City and has reviewed a copy of the attached Ordinance No, 17-1728 of the City of Meridian, Idaho, and has found the same to be true and complete and provides adequate notice to the public pursuant to Idaho Code § 50- 901 A ( 3). DATED this 29th day of May, 2017 Emily Kane for William.'L.M. Nary City Attorney EXHIOR-0 Y1 r R� . �. �YiJllfb�l:.�s �` �rlff�x�fdJ!,�•tf,S_ ju - iv - { Nit' mi rh r AN . Q G4fl!1eVItL�b '�• � k � 2d ; 74 .t June 2, 2017. 1625232 In