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01-914 AZ Observation Pointe 00-010 (101025148),ADA COUNTY RECORDER J, DAV)O NAVARRO ,20DIHR2I PH l:29 CITY OF MERIDIAN O iNANCE NO. AN ORDINANCE FINDING THAT CERTAIN LAND TO BE ICNOWN AS OBSERVATION POINT SUBDWISION LIES CONTIGUOUS ORADJACENT TO THE CITY LIMITS OF THE CITY OF MERIDIAN, COUNTY OF ADA, STATE OF IDAHO; AND FINDING THAT THE OWNER HAS MADE A REQUEST FOR ANNEXATION IN WRITING TO THE COUNCIL; AND THAT SAID IdkND BE ANNEXED TO THE CITY OF MERIDIAN AND ZONING DESIGNATED LOW DENSITY RESIDENTIAL DISTRICT (R-4); AND DECLARING THAT SAID LAND, BY PROPER LEGAL DESCRIPTION AS DESCRIBED BELOW, BE A PART OF THE CITY OF MERIDIAN, COUNTY OF ADA, STATE OF IDAHO; REPEALING ALL ORDINANCES, RESOLUTIONS, ORDERS OR PARTS THEREOF IN CONFLICT HEREWITH; AND DIRECTING THE CITY ENGINEER TO ADD SAID PROPERTY TO THE OFFICIAL MAPS OF THE CITY OF MERIDIAN, IDAHO; AND DIRECTING THE CLERI( OF THE CITY OF MERIDIAN TO FILE A CERTIFIED COPY OF THE ORDINANCE AND MAP OF THE AREAS TO BE ANNEXED WITH ADA COUNTY RECORDER, AUDITOR, TREASURERAND ASSESSOR, AND THE STATE TAX COMMISSION OF THE STATE OF IDAHO, PURSUANT TO IDAHO CODE SECTION 50-223 AND SECTION 63-2215. 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 landis contiguous and adjacent to the City of Meridian, Idaho, and that the City of Meridian has received a written request for annexation to the City of Meridian, Idaho, by the owner of said Property to-wit: A parcel of land being the SE 1/4 of the SW 1/4 of Section 19, Tovmship 3 North, Range 1 East, Boise Meridian, Ada Cottnty, Idaho, more particularly described as follows: ANNEXATION AND ZONING ORDINANCE (AZ-00-010) 1 Commencing at the southeast comer of the SW 1/4 (south 1/4 corner) of Section 19, T. 3N., R. 1E., B.M., the REAL POINT OF BEGINNING of this description; Thence S 89042'45'' W 1,320.43 feet to the southwest corner of the SE 1/4 of the SW 1/4; Thence N 0029'39'' E 1,329.84 feet to the northwest comer of the SE 1/4 of the SW 1/4; Thence N 89044'30'' E 1,322.27 feet to the northeast corner of the SE 1/4 of the SW 1/4; Thence S 0°34'26'' W 1,329.19 feet to the REAL POINT OF BEGINNING of this description; Said parcel of land contains 40.33 acres more or less. SECTION 2: That the above-described real property be, and the same is hereby annexed and made a part of the City of Meridian, Ada County, Idaho. SECTION 3: That the real property herein by this ordinance annexed to the City of Meridian hereinabove described shall be zoned Low Density Residential District (R-4). SECTION 4: That the City Engineer is hereby directed to alter all use and area maps as well as the official zoning maps, comprehensive plan and all official maps depicting the boundaries of the City of Meridian in accordance with this ordinance. SECTION 5: The zoning designation set forth in Section 3 of this ordinance is subject to the terms and conditions of that certain Development Agreement by and between the City of Meridian and the owner of the land described in Section 1 dated the day of , , and that the uses are to be developed under the single-family residential subdivision development process and conditional use permit process. ANNEXATION AND ZONING ORDINANCE (AZ-00-010) - 2 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. 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 maimer plainly and dearly designating the boundaries of the City of Meridian, including the lands herein annexed, 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, all in compliance with Idaho Code §63-2215 and §50- 223. ANNEXATION AND ZONING ORDINANCE (AZ-00-010) - 3 PASSED BY THE COUNCIL OF THE CITY OF MERIDIAN, IDAHO, this ~o ~day of /77 , 2ooL APPROVED BY THE MAYOR OF THE CITY OF MERIDIAN, IDAHO, this ~'~- a yof ,q'/acc STATE OF IDAHO,) County of Ada. ) On this q~0~ day of }qq(AAg~ ,2001, before me, the m~dersigned, a Notary Public in and for said State, personally appeared ROBERT D. CORRIE and WILLIAM G. BERG, JR., known to me to be the Mayor and City Cleric 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 affLxed my official seal the day and year first above written. MY COMMISSION EXPIRES~7.~ ~ MSG~Z:\Work~Iistov/WNMeridian\Victory 41 AZ PP VARXAZOrd ANNEXATION AND ZONING ORDINANCE (AZ-00-010) - 4 CERTIFICATION OF THE CITY CLERK OF THE CITY OF MERIDIAN To: The Recorder, Auditor, Treasurer and Assessor of Ada County, and The State Tax Commission of the State of Idaho I, WILLIAM G. BERG, JR., City Clerk, of the City of Meridian, Ada ~Co, unt~,, State of Idaho, do hereby certify that the attached copy of Ordinance No. ~-,/t' ,"-q! q'- passed by the City Council of the City of Meridian, on the ~-O~r/'~ day of 2001, is a tru¢ and correct copy of the original of said document which is in the care, custody and control of the City Cleric of the City of Meridian. STATE OF IDAlq~ County of Ada, ) · On this ~J~ day of ~{.~-, , in the year 2001, before me, (4hdl0 , a Notary Public, appeared WI-LLIA1VI'G.CI~ERG, JR., known or identified to me to be the City Clerk of the City of Meridian, Idaho that executed the said instrument, and acknowledged to me that he executed the same on behalf of the city of Meridian. (SEAL) Notary Pul~ ~ I~h -- Commission Ex~z~. q 7~0~0(~9 CERTIFICATION OF THE CITY CLERK OF THE CITY OF MERIDIAN AZ-00-010 1 WHITE PETERSON WHITE, PETERSON, MORROW, GIGRAY, ROSSMAN, NYE & ROSSMAN, P.A. ATTORNEYS AT LAW CHmSWOen~a S. NYE 200 EAST CARLTON AVENUE, SUITE 31 PntuP A. p~T£aSON POST OFFICE BOX 1150 ERIC S. RO~CSMAN MERIDIAN, IDAHO 83680-1150 TooD A. ROSS~N DAVID M. SWARTLE~i' TEL (208) 288-2499 T~c~ R. WHITE** FAX (208) 288-2501 March 22, 2001 RECEIVED William G. Berg, Jr. City of Meridian 33 E. Idaho Meridian, Idaho 83642 (~ity of Meridian (~ity Clerk Office NAMPA OFFICE 104 NINTH AVENUE SOUTH POST OFFICE BOX 247 PLEASE REPLY TO MERIDIAN OFFICE Re: Ordinance No. 01-914, Summary of Publication Dear Will: Pursuant to the direction of the Meridian City Council, this office has prepared a summarization of the ordinance providing for an annexation and zoning ordinance for Observation Point Subdivision, pursuant to the City's action. I do hereby advise the City, and make this statement, that said summary is true and complete and provides adequate notice to the public of the provisions of said ordinance. You are hereby directed to file this statement with the ordinance, pursuant to the provisions of Idaho Code § 50-901(A). Enclosure ~~,Very truly yours, , Wm. F. Nichols Z:\WorkqMkMerJdiankMeridim~ I5360M~Ordinances City HallX2001 OrdinanceskBergSumOrd022201Ltr.wpd NOTICE AND PUBLISHED SUMMARY OR ORDINANCE PURSUANT TO I.C. § 50-901 (A) CITY OF MERIDIAN ORDINANCE NO. 01-914 PROVIDING FOR AN ANNEXATION AND ZONING ORDINANCE An Ordinance of the City of Meridian granting annexation and zoning for land to be known as Observation Point Subdivision consisting of 40.33 acres with a zoning designation of R-4 Low Density Residential; and to provide providing for effect of invalidity; providing that all ordinances and resolutions in conflict are repealed and rescinded; and providing an effective date. Legal Description of Property A parcel of land being the SE 1/4 of the SW 1/4 of Section 19, To~vnship 3 North, Range 1 East, Boise Meridian, Ada County, Idaho, more particularly described as follows: Commencing at the southeast corner of the SW 1/4 (south 1/4 corner) of Section 19, T. 3N., R. 1E., B.M., the REAL POINT OF BEGINNING of this description; Thence S 89042'45'' W 1,320.43 feet to the southwest corner of the SE 1/4 of the SW 1/4; Thence N 0o29'39'' E 1,329.84 feet to the northwest comer of the SE 1/4 of the SW 1/4; Thence N 89044'30'' E 1,322.27 feet to the northeast corner of the SE 1/4 of the SW 1/4; Thence S 0034'26'' W 1,329.19 feet to the REAL POINT OF BEGINNING of this description; Said parcel of land contains 40.33 acres more or less. A full text of this ordinance is available for inspection at City Hall, City of Meridian, 33 East Idaho, Meridian, Idaho. This ordinance shall become effective on the day of ,2001. City of Meridian Mayor and City Council By: William G. Berg, Jr., City Clerk Z:\Wor k~listoryWNVleridianXFamngton Opal AZ~SUMANNEXZONGORD.doc ANNEXATION AND ZONING ORDINANCE (AZ-00-010) 1