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17-1749 Goddard Creek H-2017-0007ADA COUNTY RECORDER Christopher D. Rich 2017-089734 BOISE IDAHO Pgs=5 VICTORIA BAILEY 09/22/2017 12:13 PM CITY OF MERIDIAN, IDAHO NO FEE CITY OF MERIDIAN ORDINANCE NO. 1 / -" 17 L1 q BY THE CITY COUNCIL: BIRD, BORTON, CAVENER, MILAM, PALMER, LITTLE ROBERTS AN ORDINANCE (H-2017-0007 -- GODDARD CREED) FOR THE RE -ZONE OF A PARCELOF LAND SITUATED IN THE SE x/ OF THE SW '/ OF SECTION 26, TOWNSHIP 4 NORTH, RANGE 1 WEST, BOISE MERIDIAN, CITY OF MERIDIAN, ADA COUNTY IDAHO; ESTABLISHING AND DETERMINING THE LAND USE ZONING CLASSIFICATION FROM R-4 (MEDIUM LOW DENSITY RESIDENTIAL DISTRICT) TO C -C (COMMUNITY BUSINESS DISTRICT) ZONING DISTRICT 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 BYLAW; 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: Brian Porter, SECTION 2. That the above-described real property is herebyre-zoned from the R-4 (Medium Low Density Residential to C -C (Community Business 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. SECTIONS. 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 All ordinances, resolutions, orders or parts thereof in conflict herewith are hereby repealed, rescinded and annulled. RE ZONE ORDINANCE - GODDARD CREEK - H-201.7-0007 PAGE 1 of 3 SECTION 7. This ordinance shall be in fait force and effect from and after its passage, approval and publication, according. to law. SECTION 8. The Cleric 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 trap 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 Rill 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 � , 2017, APPROVED BY THE MAYOR OF THE CITY OF MERIDIAN, IDAHO, this f q day of " , 2017. ATTEST: CJAY OL + CITY CLERK MAYOR \'VLll.1tj city of •moi Fi ASiQ�a7 SEAL s de WEERD RE ZONE ORDINANCE - GODDARD CREEK, -`H-2017-0007 PAGE 2 OF 3 STATE OF IDAHO, ) ) ss: County of Ada ) On this day of Gmbg►- , 2017; before me, the undersigned, 'a, Notary Public in and for said State, personally appeared TAMMY de WEERD and C.JAY COLES, known to me to be the Mayor and City Cleric, respectively, of the City of Meridian, Idaho, and who executed the within instrument, and. acknowledged to ine 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. 0jqW km (Sl� L • � r r''•.• Notazy Public for Idaho .••'�;Y'.y • Residing At: `Mo JUd1_,an , T -I::) 0 ',�' •` My Commission Expires: 0110 00 • •'•N r,►E. _pkv �9Q►•� '•�IM�r RE ZONE ORDINANCE— GODDARD CREEK -H-2017-0007 PAGE 3 OF 3 EXHIBIT A CONSULTING ENGINEERS, SURVEYORS AND PLANNERS 332 N. BROADMORE WAY SUITE 101 NAMPA, IDAHO 83687 208-442-6300 e FAX 208-466-0944 Project: 160210 j /.A I Date: January 06, 2017 ®- 11 1 Page: 1 of 2 t, oz -0:5-0 OF EXHIBIT "A -I COMMERCIAL RE( -ZONE MCMILLIAN STORAGE UNITS A parcel of land, for the purpose of re -zoning, situated in a portion of the SEI/4 of the SWIM of Section 26, Township 4 North, Range 1 West, Boise Meridian, City of Meridian, Ada County, Idaho, more particularly described as follows: COMMENCING at an aluminum cap monument marking the southwest corner of said Section 26, from which a brass cap monument marking the southeast corner of the SWI/4 of said Section 26 bears S88°5846"E a distance of 2602.80 feet; thence along the south line of said Section 26, S88°58'46"E a distance of 1301.29 feet to a 5/8 -inch rebar marking the southwest corner of said SEI/4 of the SWI/4 (W 1/16 corner) and marking the POINT OF BEGINNING; 1) Thence leaving said south line along the west line of said SEI/4 of the SWI/4, N00°29'27"E a distance of 45.12 feet to a point marking the southeast corner of the Amended Plat of Verona Subdivision No. 4, as recorded in the official records of Ada County, in Plat Book 102, at pages 13476 through 13477; 2) Thence along the east line of said Amended Verona Subdivision No. 4, N00°29'27"E a distance of 428,25 feet to a 5/8 -inch rebar marking the corner common to said east line and the southwest corner of the Selway Apartments Subdivision, recorded in the official records of Ada County, in Plat Book 102, at pages 13575 through 13578; 3) Thence leaving said cast line and along the south line of said Selway Apartments Subdivision, S88°58'36"E a distance of 681.21 feet to a point; 4) Thence leaving said south line SOI °O1' 14"W a distance of 473.31 feet to a point on said south line of SEI/4 of the SWI/4; 5) Thence along said south line N88°58'46"W a distance of 676.84 feet to the POINT OF BEGINNING. Said parcel containing 7.38 acres or 321,403 square feet, more or less, and is subject to all existing easements and/or rights-of-way of record or implied. MERIDIAN e COEUR d'ALENE $ NAMPA L:\] 602 1 0\50-Survey\DESCRip'nONS EXHIBIT B N. TEN MIl,E ROAD w N � trI rn i �;3D� w �? >AMENDED 0 MM VLRONA SUBDIVISION NO. 4 I N00'29'27"E 473.37' 1 Q 428.25' I �pn�n f I_ .� �co°' °OD°� 0000, � ' � z C) �cn� cn> P "�N 0! yCA° m rn t m m 0 n N t Q3 P Q � 0 C( >�0 O. 00 t Un va r S01'01'14"W 473.31' y � rr, OM g o N .tet) > 0) -0 z w p W ren z -Ti O 0-9 r X m m >O zI r� o z z �°z tv d z D rq o 2C a c) Ku z Z o p Enoo �rq Q -,c000 zm� F�ROFFS�/ O L7 M o .4C 1 p M o �' O p m C -q Q nLq in a s�N ?SOA o NOTICE AND PUBLISHED SUMMARY OF ORDINANCE PURSUANT TO I.C. § 50-901(A) CITY OF MERIDIAN ORDINANCE NO. 17 - PROVIDING FOR RE ZONING ORDINANCE An Ordinance of the City of Meridian granting re -zoning of a parcel of land situated in a portion of the SE '/4 of the SW'/4 of Section 26; Township 4 North, Range 1 West, Boise Meridian, City of Meridian, Ada County. This parcel contains 7.38 acres more or less. Also, these parcels are SUBJECT TO all easements and rights-of-way of record or implied. As in attached exhibit "B" and is not based on an actual field survey. 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 50 day of tfM I' &y , 2017. of Meridian Mayor and City Council By: C.Jay Coles, City Clerk p ,T •'ry First Reading: 1, e , ss Adopted after first reading by suspension of the Rule as allowed pursuant to Idaho Code 50-902: YES A NO Second Reading: Third Reading: STATEMENT OF MERIDIAN CITY ATTORNEY AS TO ADEQUACY OF SUMMARY OF ORDINANCE NO. 17- /-7 Ll 6' The undersigned, William L.M. Nary, City Attorney of the City of Meridian, Idaho, hereby certifies that he is the legal advisor of the City and has reviewed a copy of the attached Ordinance No. 17 - 17 41G" 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 § 50-901A (3). DATED this day of , 2017. — L'-�Y"z William. L.M. Nary City Attorney RE ZONE ORDINANCE SUMMARY- GODDARD. CREEK — H-2017-0007 PAGE 1 AFFIDAVIT OF PUBLICATION 351462 1674415 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 duly sworn, deposes and says: 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 time(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: 09/29/2017 f g � a STATE OF IDAHO) County of Canyon) On this 29th day of Septemberin 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 executed the same. I n 44 Notary Public for Idaho Residing at Canyon County My Commission expires 06/28/2023 AU B %-\Cz » 101,4111111110%