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21-1947 RZ TM Creek Apartments Phase 3 (H-2021-0035) (2021-134542) ADA COUNTY RECORDER Phil McGrane 2021-134542 BOISE IDAHO Pgs=5 BONNIE OBERBILLIG 09/13/2021 01:28 PM CITY OF MERIDIAN, IDAHO NO FEE CITY OF MERIDIAN ORDINANCE NO. 21-1947 BY THE CITY COUNCIL: BERNT, BORTON, CAVENER, HOAGLUN, PERREAULT, STRADER AN ORDINANCE (H-2021-0035 TM CREEK APARTMENTS PHASE 3) FOR REZONE OF PART OF THE NW 1/4 OF SECTION 14, TOWNSHIP 3 NORTH, RANGE 1 WEST, BOISE MERIDIAN, ADA COUNTY, IDAHO; ESTABLISHING AND DETERMINING THE LAND USE ZONING CLASSIFICATION OF 5.58 ACRES OF LAND FROM TN-C (TRADITIONAL NEIGHBORHOOD CENTER) ZONING DISTRICT TO C-G (GENERAL RETAIL AND SERVICE COMMERCIAL) 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 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: Brighton Corporation. SECTION 2. That the above-described real property is hereby re-zoned from TN-C (Traditional Neighborhood Center) Zoning District To C-G (General Retail and Service Conunercial) Zoning District 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 All ordinances,resolutions,orders or parts thereof in conflict herewith are hereby repealed, rescinded and annulled.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. RE-ZONE ORDINANCE—TM CREEK APARTMENTS PHASE 3 -H-2021-0035 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 full 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 7th day of September 2021. APPROVED BY THE MAYOR OF THE CITY OF MERIDIAN, IDAHO, this 7th day of September 2021. MAYOR ROBERT E. SIMISON ATTEST: CHRIS JOHNSON, CITY CLERK STATE OF IDAHO, ) ) ss: County of Ada ) On this 7th day of September , 2021, before me, the undersigned, a Notary Public in and for said State, personally appeared ROBERT E. SIMISON and CHRIS JOHNSON 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 Public for Idaho Residing At: Meridian,Idaho My Commission Expires: 3-28-2022 RE-ZONE ORDINANCE—TM CREEK APARTMENTS PHASE 3 -H-2021-0035 PAGE 2 OF 3 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 full 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 7th day of September 2021. APPROVED BY THE MAYOR OF THE CITY OF MERIDIAN, IDAHO, this 7th day of September 2021. :::�) MAX"Ok ROBERT . SI ISON ATE rF £yP l .»�Ioaxo SFAL CHRIS JOHN ',6N, CIT rr STATE OF IDAHO, ) ) ss: County of Ada ) On this 7th day of September 2021, before me, the undersigned, a Notary Public in and for said State, personally appeared ROBERT E. SIMISON and CHRIS JOHNSON 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. .... ......... .................. ............. CHARLENE WAS'' � COMMISSION#f 67390 NOTARY PUBLIC � Notary Public for Idaho STATE OF IDAHO Residing At: Meridian,Idaho MY Cb MISSION EXPIRES 3128122 My Commission Expires: 3-28-2022 RE-ZONE ORDINANCE—TM CREEK APARTMENTS PHASE 3 -H-2021-0035 PAGE 2 OF 3 9 LEGAL DESCRIPTION TM Creek TN-C Zone Boundary Part of the NW1/4 of Section 14 Township 3 North, Range 1 West, Boise Meridian,Ada County, Idaho described as: Beginning at point being S89°09'50"E 1577.99 feet along the Section line and S00°34'40"W 294.20 feet from the northwest corner of said Section 14, Running thence N89°25'20"W 290.60 feet; thence N89°2649"W 287.44 feet; thence S00°33'11"W 186.45 feet; thence S00°00'00"W 243.81 feet to a point of a non-tangent curve; thence along said curve to the left 7.90 feet (Curve Data: Radius=270.00 feet, Delta=l°40'33", chord bears S89002'34"E 7.90 feet); thence S89°52'51"E 176.26 feet; thence N87°54'01"E 101.03 feet; thence N89°42'19"E 41.44 feet to the east line of the NWI/4NW1/4 of said Section 14; thence along said east line N00°34'40"E 10.00 to the north line of Ten Mile Stub Drain; thence along said north line N89°51'06"E 249.02 feet; thence N00°34'40"E 410.51 feet the Point of Beginning. Parcel Contains 5.58 Acres more or less. Basis of Bearing North section line of the NW 1/4 of Section 14 Commencing at the Northwest corner of Section 14; thence S89°09'50"E, a distance of 2657.99 feet to the N1/4 of Section 14 0 p L LAVO O 12 GAF OF 1�Pt�i G. S� Legal Description,Page 1 of 1 U w v z 0 N N ci a� O O N 0) N W N O 0 3 rn 000 O N O O�� W CD 0V'T c 1SJ*0:v M„017.bE oOS v a a a a. o 0 0 �6'E05 „Oti b£o0N co W Mo o a IUiLU W I i zo I _ o - d' _ 00 O ' 3 Z olZ� —N _i '�' °h°� - Mom N Z 803 M„8�l ICE.Os Z , o W..._..._ .__. a ..— —..M �— .;� mom — _ _...---------- h O O W Q .-N.._ coO hm '.._ Ud 00 oC _ OCj C� 0) W ' t0 OCR O Z T O O `p) h o 1 N Oi ao Z ;�l _ Ucd'— T O Vd — _o I h N� N VtA V� W uj .. `.- N .-- tD J Vd LO co N � z 3 So o co W ZLI) O ` ` o 00 V z LL _ / W 3 Z a' cO LVd — �ZD — --Ud _ --- N �' o / U o Ln p ' M �O'To Z d . _ — �- — - va) 1 �Z i 1co i 1 �7 � ----� a a a ` a i a a m I N a 4 co CD U o U) ; I w Moa moil ! z z o Ln TFT' £L 3„6£,££o0N LO'6Z£L T T LO CJVMJ 311VY Nil T N Cl) tD M N m O 00 U) Z LOCATED IN NW 1/4 OF SECTION 14, T3N., R.1 W B.M. ADA COUNTY, IDAHO CURVE TABLE CURVE# LENGTH RADIUS DELTA TANGENT CHORD BEARING Cl 68.61 69.99 56-1O'12" 37.35 65.90 N89°26'39"W C2 107.70 199.99 30°51'16" 55.19 106.40 S77°53'45"W C3 92.42 199.99 26°28'40" 47.05 91.60 S80°05'03"W C5 7.90 270.00 1°40'33" 3.95 7.90 S89°02'34"E i SCALE: 1"=400' POB FRANKLIN ROAD 10 11 S89°09'50"E 1577.99' 15 14 W 1/16 SEC 14 - - i N 1/4 SEC 14 - _ p� _a a a S189°25'20"E 290.60' --NO'34'40"E 294.20' P/�L - 1 -- -. - P/L_ S891 26'49"E 287.44 NO°33'11"E 186.45' \ � 0 �, o P0. Pn' i ZONE P� TN-C 3 p� a / P/L_ O NO°00'00"E 243.81 �� °' - - -P L - o 3 N87°54'01"E v� .0 2 ---.---._O r-01.03' P/L-o C5 - - W lu m _ p� ZONE C-G N89°42'19"E o P� 41.44' S89°51'O6"W 249.01' NZ ,S89°52'51"5897 51606"W 91.9- SO°34'40"W 10.0. a P -- SO°34'40"W 100.00' m rL �� NO°34'40"E 10.00' Z o -- - -P/L d a a tt �-- - - P/L a �� -t _ pti� S89°51'O6"W 249.02' U) h of -S62°27'45W� ZONELnI g 91.30' N61°20'57"W 85.70 w N89°26'21"W 40.05� Row- m _ p-40 7 ROW. R L`�� o _.. 11,09"W Im m 0' c o w SO°33'39"W 14.15 i S66°50'21"W 186.46C°2 �- C1 986i (�+/ �3 a - _ _ J ( _ N 1/16 SEC 14 - N86°40'15"W 156.20' g ; iN50°58'33"W 17.95'--// i/ I S89°11'04"E 249.00' N89°10'41"W 279.99'J 3 a S89°10'41"E 91.70' z 0 0l Y � W M 5 E Y W U y S � N 1/4 RIGHTON s CORPORATION Y N F N KELLER a associates ZONING BOUNDARY 31 SW 8)28&196uiteA Meridian,Idaho&W2 1208)28&1992 N LEGAL DESCRIPTION MAP FOR TM CREEK a CERTIFICATION OF SUMMARY . William L.M. Nary, City Attorney of the City of Meridian, Idaho , hereby certifies that the summary below is true and complete and upon its publication will provide adequate notice to the public . William L. M . Nar , City Attom SUMMARY OF CITY OF MERIDIAN ORDINANCE NO. 214947 An ordinance (H-2021 -0035 TM Creek Apartments Phase 3 ) for rezone of part of the NW 1/4 of Section 14, Township 3 North, Range 1 West, Boise Meridian, Ada County, Idaho; establishing and determining the land use zoning classification of 5 . 58 acres of land from TN-C (Traditional Neighborhood Center) zoning district to C-G (General Retail And Service Commercial) zoning district in the Meridian City Codes 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 an effective date . 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 be effective as of the date of publication of this summary. [Publication to include map as set forth in Exhibit B .] I I RE-ZONE ORDINANCE - TM CREEK APARTMENTS PHASE 3 - H -2021 -003 5 PAGE 3 OF 3 AD#145987AD# LEGAL NOTICE SUMMARY OF CITY OF MERIDIAN ORDINANCE NO.21-1947 An ordinance(H-2021-0035 TM Creek Apartments Phase 3) for rezone of part of the NW 1/4 of Section 14,Township 3 North, Range 1 West, Boise Meridian,Ada County, Idaho;establish- ing and determining the land use zoning classification of 5.58 acres of land from TN-C (Traditional Neighborhood Center) zoning district to C-G(General Retail And Service Commercial) 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 Commis- sion,as required by law;and providing an effective date.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 be effective as of the date of publication of this summary. LOCATED IN NW 16OF SECTION M.TSN..RAW B.M. ADA COUNtt,IWHO _ I FFW NKLIN ROAD O±} ZONE 1N.0 ONE 4 g I } BRIOawHTONATw,. } ccra I KELLLER ZONING BOUNDARY =- i LEGAL DESCRIPTION MAP FOR TM CREEK September 14,2021 145987 ADVERTISING PROOF PRESSi>�p MER7DfAN PREmS PO Box 9399 Lo��News w=<h Holden Emmert 1618 N Midland Blvd, 83651, BO�SEWEEKLY Messenger Nampa,ID 83652 /ndex Ph. (208)465-8129 Fax: (907)452-5054 ACCOUNTBILLING DATE: NO: 09/10/21 21410 ADRIENNE WEATHERLY 1 MERIDIAN, CITY OF 33 E. BROADWAYAVENUE MERIDIAN, ID 83642 AD# DESCRIPTION START STOP TIMES AMOUNT 145987 ORD 21-1947 09/14/21 09/14/21 1 $106.99 Payments: Date Method Card Type Last 4 Digits Check Amount Discount: $0.00 Gross:$106.99 Surcharge: $0.00 Paid Amount:$0.00 Credits: $0.00 Amount Due:$106.99 We Appreciate Your Business! 145987 21410 145987 1 MERIDIAN, CITY OF 33 E. BROADWAY AVENUE MERIDIAN, ID 83642 AFFIDAVIT OF PUBLICATION STATE OF IDAHO County of Canyon and Ada SHARON JESSEN of the State of Idaho, being of 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 Idaho Press - Tribune, a daily newspaper published in the Counties of Canyon and Ada, State of Idaho; that the said newspaper is in general circulation in the said counties of Canyon and Ada, and in the vicinity of Nampa, Caldwell, and Boise, and has been uninterruptedly published in said Counties 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 times(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/ 14/2021 SHARON JESSE ,/ STATE OF IDAHO County of Canyon and Ada On this 13th day of September, in the year of 2021 before me a Notary Public, personally appeared. SHARON JES- SEN, 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. Notary Public of Idaho / ��.. My commission expires �/ [kc \,%O Tq,4 .� 1 a 598'� AD# 145987AD# LEGAL NOTICE SUMMARY OF CITY OF MERIDIAN ORDINANCE NO.21-1947 An ordinance (H-2021-0035 TM Creek Apartments Phase 3) for rezone of part of the NW 'A of Section 14, Township 3 North, Range 1 West, Boise Meridian, Ada County, Idaho; establish- ing and determining the land use zoning classification of 5.58 acres of land from TN-C (Traditional Neighborhood Center) zoning district to C-G (General Retail And Service Commercial) 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 Commis- sion, as required by law; and providing an effective date. 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 be effective as of the date of publication of this summary. tOG.tUMr.W v. P. uo.M I. AMD.. nlu COUR,r YMW _ I nt 1 „ I zoo the ' Wuerr78h# F ,R nu,rrw.x i 1 ++ K�u�ti 1 ZONING BOUNDARY �xx 14GAL DESCRIPTION MAP FOR 7M CREEK I September 14, 2021 145987