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22-1962 RZ Elderberrry Estates H-2021-0044 ADA COUNTY RECORDER Phil McGrane 2022-001304 BOISE IDAHO Pgs=4 ANGIE STEELE 01/05/2022 10:35 AM CITY OF MERIDIAN, IDAHO NO FEE CITY OF MERIDIAN ORDINANCE NO. 22-1962 BERNT, BORTON, CAVENER, BY THE CITY COUNCIL: HOAGLUN, PERREAULT, STRADER AN ORDINANCE (H-2021-0044 ELDERBERRY ESTATES REZONE) FOR REZONE OF A PARCEL OF LAND BEING A PORTION OF BLOCKS 3 AND 4 OF THE AMENDED PLAT OF F.A. NOURSE'S THIRD ADDITION AS FILED IN THE OFFICE OF THE ADA COUNTY RECORDER, BOISE, IDAHO, IN BOOK 7 OF PLATS AT PAGE 299 LYING IN THE NW 1/4 OF SECTION 7, TOWNSHIP 3 NORTH, RANGE 1 EAST, BOISE MERIDIAN, ADA COUNTY, IDAHO; ESTABLISHING AND DETERMINING THE LAND USE ZONING CLASSIFICATION OF 0.658 ACRES OF LAND FROM C-C (COMMUNITY BUSINESS) ZONING DISTRICT TO O-T (OLD TOWN) 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: Chad Joy. SECTION 2. That the above-described real property is hereby re-zoned from C-C (Community Business) Zoning District to O-T (Old Town) 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 All ordinances,resolutions, orders or parts thereof in conflict herewith are hereby repealed, rescinded and annulled.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, approvaland publicartions, according to law. RE-ZONE ORDINANCE—ELDERBERRY ESTATES-H-2021-0044 PAGE 1 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 4th day of January 2022 APPROVED BY THE MAYOR OF THE CITY OF MERIDIAN, IDAHO,this 4th day of January , 2022. MAYOR ROBERT E. SIMISON ATTEST: CHRIS JOHNSON, CITY CLERK STATE OF IDAHO, ) ) ss: County of Ada ) On this 4th day of January , 2022, 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—ELDERBERRY ESTATES-H-2021-0044 PAGE 2 OF 3 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 . r William L. M. Nary, City Attorney SUMMARY OF CITY OF MERIDIAN ORDINANCE NO, 224962 An ordinance (H-2021 -0044—Elderberry Estates Rezone) for the rezone of a parcel of land as defined in the map published herewith; establishing and determining the land use zoning classification from C-C (Community Business) Zoning District to O-T (Old Town) 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 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 A . ] RE-ZONE ORDINANCE - ELDERBERRY ESTATES - H-2021 -0044 PAGE 3 OF 3 Item#9. D. Rezoning Legal Description(date: 5/19/2021) Professional Er►glneers, Land Surveyors and Planners 24 V$t_Sa. Nampa, I 80651 .5 ),C 1 a t- Ph (208)454-0256 Fax(2M 7-41W c-mail=dlwl�sXf�r�usso�nda�oci®ts3.us FOR: Lang&Joy JOB NO.: MRO121 DATE: May 19,2021 REZONE A Parcel of land being a portion of Blocks 3 and 4 of the Amended Flat of F.A.Nourse's Third Addition aq Filed in the offiec of the Ada County Recorder,Boise,Idaho, in Book 7 of Plats at Page 299 lying in the NW 1l4 of e ction 7,Township 3 North,Range 1 East,Boise Meridian,Ada County Idaho,snore particularly described as fellows: Commencing at northwest comer of Section 7; Thence S 00' 24' 03"W a distance of 1105.86 feet along the west boundary of the NW 114 to the POINT OF BEGINNING; Thence N 89' 36'49"E a distance of 135,38 feet parallel with the north boundary tofBlock 3; Thence N 00° 24' 03"E a distance of 193.99 feet paral Ic1 with the went boundary Blocks 3&4; Thence N 99' 36' 49"F.a distance of 127.73 feet parallel with the north boundary of Block 3 to a point on the east boundary of the west half of Block 4 Thence S 000 28' 40" W a distance of 209.00 feet along the east boundary of the west half of Blocks 3 Viz.4; Thence 8 890 36'49"W a distance of 262.83 feet parallel with the north boundary of Block 3 to a point on the west boundary of the NWIA; Thence N 00'24' 03" E a distance of 15.00 feet along the west boundary of the N W 114 to the PollNT OF BEGINNING. Page 12 Page 325 Item#9. This parcel contains 0.658 acres,more or less. SUBJECT TO:All existing rights of way and easements of record or implied appearing on the above- described parcel of land. L 936 # OF do*` I o 50 106 200 Sccate: I"=i 00' "5 N4�9"36'#9"E 0 � 127.73' La R�24 PARCEL Cr 0.6549 0ZD AC+ x r ? wa 589�'36'48''4r N-4'2+'t?3"E 135.3B' 15:�47' 5E9'36'4VW 262.63' 0 r 66 AL OP%u H Page 13 Page 326