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22-1980 RZ Oaks North Rezone H-2022-0010 (2022-053697) ADA COUNTY RECORDER Phil McGrane 2022-053697 BOISE IDAHO Pgs=5 BONNIE OBERBILLIG 06/08/2022 08:43 AM CITY OF MERIDIAN, IDAHO NO FEE CITY OF MERIDIAN ORDINANCE NO. 22-1.980 BERNT, BORTON, CAVENER, BY THE CITY COUNCIL: HOAGLUN, PERREAULT, STRADER AN ORDINANCE (OAKS NORTH REZONE -H-2022-0010) FOR REZONE OF A PARCEL LOCATED IN THE NORTH V2 OF THE SOUTHWEST '/4 OF SECTION 28, TOWNSHIP 4 NORTH, RANGE I WEST, BOISE MERIDIAN, CITY OF MERIDIAN, ADA COUNTY, IDAHO; ESTABLISHING AND DETERMINING THE LAND USE ZONING CLASSIFICATION OF 12.02 ACRES OF LAND FROM THE R-4 (MEDIUM LOW- DENSITY RESIDENTIAL) ZONING DISTRICT TO THE R-8 (MEDIUM-DENSITY RESIDENTIAL) 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 rezoning by the owner of said property, to-wit: Toll Southwest, LLC. SECTION 2. That the above-described real property is hereby rezoned from R-4(Medium Low- Density Residential) Zoning District to the R-8 (Medium-Density Residential) 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 to rezone said property. SECTION 4. That the City has complied with all noticing requirements pursuant to the laws of the State of Idaho and the Ordinances of the City of Meridian to rezone 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. That all ordinances, resolutions, orders or parts thereof in conflict herewith are hereby repealed,rescinded and annulled. REZONE ORDINANCE—OAKS NORTH REZONE H-2022-0010 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 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 June, 2022. APPROVED BY THE MAYOR OF THE CITY OF MERIDIAN, IDAHO, this 7th day of June, 2022. MAY BE E. SIMISON ATT711/ , J SEAL CHRIS JO SON, CITY CLERK STATE OF IDAHO, ) ) ss: County of Ada ) On this 7th day of June 2022, before me, the undersigned, a Notary Public in and for said State, personally appeared ROBERT E. SIlVIISON 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. chnflLaldj )" CHARLENE WAY Notaryaho COMMISSION No. 67390 Reside Public Meridian, Residing At: Meridian,Idaho NOTARY PUBLIC My Commission Expires: 3-28-202 STATE OF IDAHO REZONE ORDINANCE—OAKS NORTH REZONE H-2022-0010 PAGE 2 OF 3 Item#6. EXHIBIT A Legal Description Proposed City of Meridian Rezone The Oaks North Subdivision A parcel located in the N '/Z of the SW '/4 of Section 28, Township 4 North, Range 1 West, Boise Meridian, City of Meridian, Ada County, Idaho, and more particularly described as follows: Commencing at a Brass Cap monument marking the southwest corner of said Section 28, from which an Aluminum Cap monument marking the southeast corner of the SW % (S % corner) of said Section bears S 89'16'58" E a distance of 2635,25 feet; Thence N 1 000'42" E along the west boundary of the SW '/4 of Section 28 a distance of 2630.85 feet to an Aluminum Cap monument marking the northwest corner of the SW '/4 (W '/4 corner) of said Section 28; Thence along the north boundary of said SW'/4 S 89021'17" E a distance of 971.05 feet the POINT OF BEGINNING; Thence continuing S 89021'17" E along said north boundary a distance of 340.07 feet to the northwest corner of the NE '/4 of the SW '/4 of said Section 28; Thence along the west boundary of said NE '/4 of the SW% S 0052'12" W a distance of 16.99 feet to a point; Thence leaving said boundary S 89'14'34" E a distance of 596.07 feet to a point; Thence S 0°45'26" W a distance of 146.93 feet to a point of curvature; Thence a distance of 189.18 feet along the arc of a 600.00 foot radius curve left, said curve having a central angle of 18°03'57" and a long chord bearing S 8016'32" E a distance of 188.40 feet to a point on the centerline of W. Burnt Sage Drive; Thence along said centerline the following courses and distances: Thence S 72041'29" W a distance of 157.31 feet to point of curvature; Thence a distance of 275.35 feet along the arc of a 1000.00 foot radius curve left, said curve having a central angle of 15046'36" and a long chord bearing S 64'48'11" W a distance of 274.49 feet to a point of tangency; Thence S 56°54'53" W a distance of 368.06 feet to a point; Thence leaving said centerline N 33005'07" W a distance of 144.00 feet to an angle point on the northerly boundary of the Oaks North Subdivision No. 8, as shown in Book 121 of Plats on Pages 18996 through 18999, records of Ada County, Idaho; Thence along said subdivision boundary the following courses and distances: Thence S 56054'53" W a distance of 90.00 feet to a point; r/ Prposed Rezone The Oaks North Subdivision Land surveying and Consulting Job No. 1 Page 1 of of Page 203 Item#6. Thence S 63°40'51" W a distance of 73.86 feet to a point; Thence S 83°00'24" W a distance of 70.71 feet to the northeasterly corner of said The Oaks North Subdivision No. 8; Thence leaving said boundary N 6038'19" W a distance of 137.94 feet to a point; Thence N 0°38'42" E a distance of 135.00 feet to a point; Thence S 89°21'17" E a distance of 46.00 feet to a point; Thence N 0038'43" E a distance of 425.00 feet to the POINT OF BEGINNING. This parcel contains 12.02 acres more or less. Clinton W. Hansen, PLS oNPL LA NO Land Solutions, PC NCO S T F i p November 11, 2021 G o c 1 118 �j 9TF OF Prposed Rezone The Oaks North Subdivision k.— Land Surveying and Consulting Job No. 18-3 Page 2 of Page 204 EXHIBIT B Item#6. THE OAKS NORTH SUBDIVISION PROPOSED CITY OF MERIDIAN REZONE LOCATED IN THE N 1/2 OF THE SW 1/4 OF SECTION 28, TAN., R.1W., B.M. CITY OF MERIDIAN, ADA COUNTY, IDAHO 1/4 S89*21'17"E 1311.11, CW 1/16 S89*21'1 7"E 1311.13' A C 1/4 i — — — — — — 29 �2+8971.04' 349.17' S89*14'34"E 596.07' T- �—POINT OF BEGINNING 3g 04 (D � I I I I i .7- CD C) LO C14 I NE PREP �; i I I I „ T- �a 00 S89'21'17"E 46.00' L —1 1--- LO I co 6 (0 CD CN c):4- U-i 00 C14 L -i b p L'4 Lz .j Oc� I r -171'r n 10 IS�11 29 28 W. McMILLAN RD A 28 I F—�C- 32 33 S89'16'E8;�E 263,995 V 33 BASIS OF BEARING 1/4 0' 100' 200' 400' - S I I t W9 1 118 CURVE TABLE OF CURVE # LENGTH RADIUS DELTA BEARING CHORD /V w ci 189.18' 600.00' 18*03'57" S8'1 6'32"E 188.40' Lan lutions -----C2 T75.35' 1 1000.00' 1 15'46'36" S64*48'1 1"W 1 274,49' Land Surveying and Consulting 231 E.5TH ST,STE A MERIDIAN, ID 83642 (208)288-2040 (208)288-2557 fax W�.Iandsofutions biz SOB IDAHO PRESS H8R�DIAN PRBmS Locus Ncw. Word+ 7 [old i.+K ...y ■ V �� E'1lllTl�tt BASE W�E4Y � l�d�xe��c�er 1 MERIDIAN, CITY OF 33 E. BROADWAY AVENUE MERIDIAN, ID 83642 AD # DESCRIPTION 246757 ORD 22 1980 + MAP Payments: Qat& Mp-h,d MEMO INVOICE vo ISj Payment Processing Center PO Box 1570, Pocatello,ID 83204 Ph. (2('-B) 465-8129 Fax: (907) 452-5054 BILLING DATE: ACCOUNT NO: 1, 1 START STOP 06?12.-22 06.12:22 Card Type Last 4 Digits TIMES AMOUNT 1 $146.76 Check Amount Discount: $0.00 Gross:$146.76 Surcharge: $0.00 Paid Amount:$0.00 Credits: $0.00 Amount Due:$146.76 We Appreciate Your Business! 2M6757 AD# 246757AD# LEGAL NOTICE CERTIFICATION OF SUMMARY: William L.M. Nary, City Attorney of the City of Meridian, Ida- ho, hereby certifies that the summary below is true and com- plete and upon its publication will provide adequate notice to the public. William L. M. Nary, City Attorney SUMMARY OF CITY OF MERIDIAN ORDINANCE NO. 22-1980 An Ordinance (Oaks North Rezone - H-2022-0010) for Re- zone of a Parcel of Land Located in the North 'h of the South- west Y4 of Section 28, Township 4 North, Range 1 West, Boise Meridian, Ada County, Idaho; Establishing and Determining the Land Use Zoning Classification of 12.02 Acres of Land From the R-4 (Medium Low -Density Residential) Zoning District to the R-8 (Medium -Density Residential) Zoning District 'n 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. EXHIBIT B THE OAKS NORTH SUBDIVISION PROPOSED CITY OF MERIDIAN REZONE LCCATEO IN 1FE N u2 OF T- E 31") it, OF S=CTTXI ii 7 .N _ R I1,+ -SLI CITY OF %IEALDAN. ADA CGUN^+, TAM} MOV L i r� I 11 1 } i T S - :i1tJ �� O�ltAYOd' � 45y��isT%gst'.y e A z pk w Ht June 12, 2022 246757 AFFIDAVIT OF PUBLICATION STATE OF IDAHO 21410 246757 County of Canyon and Ada 1 MERIDIAN, CITY OF SHARON JESSEN of the State of Idaho, being of first duly sworn, deposes 33 E. BROADWAY AVENUE and says: MERIDIAN, ID 83642 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. 3.1hat the notice, of which the annexed is a printed copy, was published in said newspaper I 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: 06/12/2022 HARON JESSEN STATE OF IDAHO 246757 On this 13th day of June, in the year of 2022 before me a y.P�N,ENB W'ql ;q Notary Public, personally appeared. SHARON JESSEN, known or identified to me to be the person whose name is s M1'COMMISSION �: subscribed to the within instrument, and being by me first EXPIRES 3.17.2028 ; duly sworn, declared that the statements therein are true, �; :• g`' :3q71�'QF and acknowledge to me that he/she executed the same. q`r�• �4 b iii iia���`\` Notary Public of Idaho �+ �I7�� My commission expires 246757 AD# 246757AD# LEGAL NOTICE CERTIFICATION OF SUMMARY - William L.M. Nary, City Attorney of the City of Meridian, Ida- ho, hereby certifies that the summary below is true and com- plete and upon its publication will provide adequate notice to the public. William L. M. Nary, City Attorney SUMMARY OF CITY OF MERIDIAN ORDINANCE NO. 22-1980 An Ordinance (Oaks North Rezone - H-2022-0010) for Re- zone of a Parcel of Land Located in the North IA of the South- west %4 of Section 28, Township 4 North, Range 1 West, Boise Meridian, Ada County, Idaho; Establ shing and Determin ng the Land Use Zoning Classification of 12.02 Acres of Land From the R-4 (Medium Low -Density Residential) Zoning District to the R-8 (Medium -Density Residential) Zoning District in the Meridian City Code; Prov'ding That Copies of This Ordinance Shall Be Filed with the Ada County Assessor, the Ada County Recorder, and the Idaho State Tax Commission, as Requ red by Law; and Providing for a Summary of the Ordinance; and Providing for a Waiver of the Reading Rules; and Prov d ng an Effective Date. EXHIBIT B THE OAKS NORTH SUBDIVISION PROPOSED CITY OF MERIDIAN REZONE LOCATED IN THEN U2 OF THE SLY Vs OF $ECT.ON 20 T 'N. A nv. DRI CITY OF MERIDAN. ADA COL ITY -CAHO fl �PCAYf � %�ChUl; � �%�--• �VisTit }s 71�1- , g 6 - ff cs s „ i ♦ �� i i " i Yf r - 'y S y151( } a q. w 11118` 2 X0'.:1 4 g= i ii� ryTC lard S.M"aM COWAN June 12, 2022 246757