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04-1111 RZ Mittleider Rezone 04-010 (104139182) ADA CDUNTY RECDRDER J. DAVID NAVARRD AMDUNT .00 BDISE IDAHD 11101/04 03:32 PM ~~~~~E~i:kM~I~~ST DF 1111111111111111111111111111111111111 I Meridian Cily 104139182 CITY OF MERIDIAN ORDINANCE NO. 04- 1/1 ! AN ORDINANCE FINDING THAT, NOVELLA MITTLEIDER, JANICE MITTLEIDER SMITH AND LEON SMITH, THE OWNERS OF CERTAIN REAL PROPERTY KNOWN AS 125 WEST CHERRY LANE AND 1649 WEST FIRST STREET, CONSISTING OF .68 ACRES AND COMMONLY LOCATED ON THE SOUTH SIDE OF CHERRY LANE, APPROXIMATELY 320 FEET WEST OF MERIDIAN ROAD, BETWEEN WEST 1 ST STREET AND WEST 2ND STREET, IN SECTION 12, TOWNSHIP 3 NORTH, RANGE 1 WEST, BOISE MERIDIAN, CITY OF MERIDIAN, ADA COUNTY, IDAHO, AND WHICH LIES WITHIN THE CITY LIMITS OF THE CITY OF MERIDIAN, COUNTY OF ADA, STATE OF IDAHO; HAVE MADE A REQUEST FOR REZONING IN WRITING TO THE COUNCIL; AND THAT SAID LAND BE REZONED AND DESIGNATED OLD TOWN DISTRICT (0- T); REPEALING ALL ORDINANCES, RESOLUTIONS, ORDERS OR PARTS THEREOF IN CONFLICT HEREWITH; AND DIRECTING THE CLERK OF THE CITY OF MERIDIAN TO FILE A CERTIFIED COpy OF THE ORDINANCE AND MAP OF THE AREAS TO BE REZONED WITH ADA COUNTY RECORDER, AUDITOR, TREASURER AND ASSESSOR, AND THE STATE TAX COMMISSION OF THE STATE OF IDAHO. 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 rezoning by the owners of said Property, to-wit: REZONING ORDINANCE (RZ 04-010) - 1 LEGAL DESCRIPTION (125 West Cherry Lane) Lots 1 and 2 of Block 2 of WILSON ADDITION TO MERIDIAN, according to the official plat thereof, filed in Book 12 of Plats at 708, records of Ada County, Idaho. EXCEPTING THEREFROM: Any lands on the north boundary of Lots 1 and 2, which fall within the Cherry Lane south right-of-way, identified as any property north of a line 40' from and parallel to the centerline of Cherry Lane. This exception is intended to include 15' of additional right-of-way, to the original 25' of right-of-way south from the centerline of Cherry Lane. (1649 West First Street) Lots 3 and 4 of Block 2 of WILSON ADDITION TO MERIDIAN, according to the official plat thereof, filed in Book 12 of Plats at 708, records of Ada County, Idaho. EXCEPTING THEREFROM: Any lands on the north boundary of Lots 3 and 4 which fall within the Cherry Lane south right-of-way, identified as any property north of a line 40' ITom and parallel to the centerline of Cherry Lane. This exception is intended to include 15' of additional right-of-way, to the original 25' of right-of-way south from the centerline of Cherry Lane. SECTION 2: That the above-described real property be, and the same is hereby rezoned. SECTION 3: That the real property herein by this ordinance rezoned hereinabove described shall be zoned Old Town District (O-T). SECTION 4: 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 zoning districts of the City of Meridian in accordance with this ordinance. REZONING ORDINANCE (RZ 04-010) - 2 SECTION 5: All ordinances, resolutions, orders or parts thereof in conflict herewith are hereby repealed, rescinded and annulled. SECTION 6: This ordinance shall be in full force and effect from and after its passage, approval and publication, according to law. SECTION 7: The Clerk ofthe City of Meridian shall, within ten (10) days following the 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 ofIdaho, to-wit: the Recorder, Auditor, Treasurer and Assessor and shall also file simultaneously a certified copy ofthis ordinance and map with the State Tax Commission ofthe State of Idaho. PA~ED BY THE COUNCIL OF THE CITY OF MERIDIAN, IDAHO, this ¡qlt day of ~)'~ , 2004. - A~OVED BY THE MAYOR OF THE CITY OF MERIDIAN, IDAHO, this ¡qf'! day of ~ ,2004. ATTEST: REZONING ORDINANCE (RZ 04-010) - 3 First Reading: 1& -( q-O4- Adopted after first reading by suspension ofthe Rule as allowed pursuant to Idaho Code 50- 902 Yes:~ No:- Second Reading: Third Reading: STATE OF IDAHO, ) )ss. County of Ada) On this ----.LL day of r3r., ." ¡,~.. , 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, ofthe 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. "","""" .~..., :\CE L, ;""~ ..:' 'c-~ ."""". 4,)0 ~. "'.' 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