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06-1246 RZ Hastings 06-003 (106133464) ADA COUNTY RECORDER J. DAVID NAVARRO BOISE IDAHO 08117/06 01:17 PM ~~~~~6E~~~~~~WCrgF 1111111111111111111111111111111111111 City 01 Meridian 1136133464 AMOUNT .00 5 "- CITY OF MERIDIAN ORDINANCE NO. OlD ~ \ :l4LD BY THE CITY COUNCIL: BIRD, BORTON, ROUNTREE, WARDLE AN ORDINANCE FINDING THAT MONTEREY, LLC, THE OWNER OF CERTAIN REAL PROPERTY HAS MADE A WRITTEN REQUEST FOR REZONE OF THE ZONING CLASSIFICATION (RZ-06-003 - HASTINGS) FOR REAL PROPERTY BEING LOTS 46 AND 47, BLOCK 49 OF LOCHSA FALLS SUBDIVISION NO. 12, AS SAME IS SHOWN ON THE PLAT THEREOF RECORDED IN BOOK 92 OF PLATS AT PAGE 10958 OF ADA COUNTY RECORDS, LOCATED IN THE NW y.; OF THE NE y.; OF SECTION 26, TOWNSHIP 4 NORTH, RANGE 1 WEST, MERIDIAN, ADA COUNTY, IDAHO, AS DESCRIBED IN ATTACHMENT "A" OF THIS ORDINANCE AND RE- ZONING CERTAIN LANDS AND TERRITORY, SITUATED IN ADA COUNTY, IDAHO, AND WITHIN THE CORPORATE LIMITS OF THE CITY OF MERIDIAN; AND RE-ZONING THE LAND USE ZONING CLASSIFICATION OF SAID LANDS FROM R-4 (MEDIUM-LOW DENSITY RESIDENTIAL) TO L- o (LIMITED OFFICE 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 sad property, to-wit: Monterey, LLC. SECTION 2. That the above-described real property is hereby re-zoned from R-4 (Medium-Low Density Residential) to L-O (Limited Office 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 re-zone said property. RE-ZONE ORDINACE OF HASTINGS - RZ-06-003 Page 1 of 3 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 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 ofthe 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. SECTION 8. The Clerk ofthe 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 ofIdaho, 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 (112) plus one (I) of the Members ofthe 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 e..r!: day of ~r..J- , 2006. APPROVED BY THE MAYOR OF THE CITY OF MERIDIAN, IDAHO, this @'rt- day of ~r +- ,2006. ~ MAYOR T Y de WEERD RE-ZONE ORDINACE OF HASTINGS - RZ-06-003 Page 2 of3 STATE OF IDAHO, ) ) ss. County of Ada ) On this ~ day of Aua' l~ ,2006, before me, the undersigned, a Notary Public in and for said State, personally appeared TAMMY de WEERD and WILLIAM G. BERG, JR., known tome 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. .......... .. :':-uA At .. (SEAL) .. ~~-::_-....: ,.... . .,' ~O'" .."'~. · , '\r" "~~"" . : I \ · . I . :.A ' · . : ~~~: . I · . .~\ : . '~ '. I . ~" . " . .,~ , , . .~ .......~JG_ _ / .. .""J;> 11) A \:~.o. · · ....... ~ (\J'YL~ 1\1 ~ t....l N TARYPUBLICFORIDAHO RESIDING AT: Co. Ld' ur \, '0 MY COMMISSION EXPIRES: io;' -lj RE-ZONE ORDINACE OF HASTINGS - RZ-06-003 Page 3 of3 Legal Description Eagi'/leerihR .No1th Wsst. LLC 423 N. ~r~. Suib: 180. Ba~ Idabo 8.)704 C208) !76-51lOO. Fa (208) 316,SSU. PJvjei:t No. 'OS~05S.o1 Dato: Mla'Ch B, ~OO6 LOCII$A FALLS SlJBDMSION NO. 12 LO"I"6 46 AND 41., BLOCK 49 UZONE DESCRlP110N ~ ~ oClaId bGiDg'LOts 46.~ 41; Diode 49 ofl..oc:Da Falla &ibdiviliou 'No. 12,.lIII ... is ~ OIl Cb" Pbit 1haeoJ' rec:oIdcd in Boolc: 92 ofPIatl at.1'.p 1 MS' 'otAdi cwnty Raoorda,.lOc:ateclin tbC NW 114 ordle HE 114 ofScctian 26, T. 4 N.. R.. I W.. B.M:. M.!ftdiilll; Ada Cowlty, Idaho, _ putit;u!atly CIDIi:1n"'bed 1& to\Jawi&: Commeai:i2)g ~ ~ ICICIiOD comer com.rtIOI1 to Sectiou 23, 24, 25 and 2~ of said T.4N.,R..1 W.; 1b~ N'ordi ~38"ZO"West, 2630.00.&ot 00 the HICIioa}jQo common \0 Blid SecliOM U .. 26 to Ibo 1141OCtio.o c:ornw caiPnion to said SllCliclal23 aad 26; Tbeaec nwCtiing dinlcticm, South 89'"38'20" ~ 199.'79 teet; Thmco feaviq ea;id.,lIGiaa tine South oem 1 ~40'" WOIt; 105.00 'feet 10 tbo JlOtthwcst ~ofLoI:4i, Bloe.k49 ofNid J...odma FaD, SlIbdt~No.12, 1Iid~ beinI,lhe:RUL POUlT OF BBGINNIN(;, 1balcll:SouIh 89'"38'20" Ball; 440.00 fait on tho ncm:I!sIy lot lblo of IllIid Lotil41li:od 46 to dID nortbIlrly JDt COlla' commcm.1o LotI'!-5 and". Bkx,k 49 or slid SabcUvimon; ~ Soutb 0()"21'4l)'" W-. jl0-l3 fUt on the lot 1iM COIDIDQD to ui4. Loti! 4~ lUI4 46 to Iba llOIIfJJlWly lot ctInl*' common'to IJid Lora 45.1A11 46; 1'baoce North 89"38'20'" W-. 440.00: feet ciiJ. ihO 80IItbaly lolli1'lc.ohaid Lots 46.qd 47 to dle lIClUihwest con.ofllllid Lot 47; 1bmce NOI1h~ I '40" But. 310.13 fQr:ll ~ tlic ~y !at IiDe of smdLot 47 to the ..... point of~ Slid plIrCd COIIt8iml3. Ii .n. men at'.... .PREPARED BY: . t#. IWaNIirtlaWst,InJ .""i Pf!l)\IAl. ~ . 1,e;P~-'i .~--- .......~~ . "iillfll.\1Il puaUC ,... R. w.bbana p)JI:ll'\KB oaot. r ," ....\'..1"1 "'" ~ ~ Ul. ~~ III in -- - - --,~ O'fO~ ~)ON\1 'N N ~ ..... ~ = ~ ,,: Ji @ il' ~\ &"ij ~, ~, 'e. ~"1 ~ ~,. ~ i~~ @ '3i ca .., :""I~;' "8 ",,"" ..g\~ ~ ~. \:~ \\ ~ .... ~ .. ~ ~~ fI' V) NOTICE AND PUBLISHED SUMMARY OF ORDINANCE PURSUANT TO I.C. § 50-901(A) CITY OF MERIDIAN ORDINANCE NO.06- PROVIDING FOR RE -ZONING ORDINANCE An Ordinance of the City of Meridian granting re -zoning for being Lots 46 and 47, Block 49 of Lochsa Falls Subdivision No. 12 as shown on the Plats at Page 10958 of Ada County Records, located in the NW % of the NE % of Section 26, Township 4 North, Range 1 West, Boise Meridian, Ada County, Idaho, more particularly described in Attachment "A". This parcel contains 3.13 acres more or less. Also, this parcel is SUBJECT TO all easements and rights -of -way of record or implied. As surveyed as attached as exhibit `B" and is not based on an actual field survey. A full text of this ordinance is available for inspection at City Hall, City of Meridian, 33 East Idaho Ave e, Meridian, I408 �"''ftlar�ance shall become effective on the day of Mayor and City Council of e C' y of Meri ian $ �� By: William G. Berg, Jr., City Clerk First Reading: Ado e i� � g,�'iy suspension of the Rule as allowed pursuant to Idaho Code 50-�0 : NO Second Reading: — Thig: STATEMENT OF MERIDIAN CITY ATTORNEY AS TO ADEQUACY OF SUMMARY OF ORDINANCE NO. 06- 2 ,6 The undersigned, William L.M. Nary, City Attorney of the City of Meridian, Idaho, hereby certifies that he is the legal advisor of the City and has reviewed a copy of the attached Ordinance No. 06- f 2� of the City of Meridian, Idaho, and has found the same to be true and complete and provides adequate notice to the public pursuant to Idaho Code § 50-901A (3). DATED this day of , 2006. l� L William. L.M. Nary, City A i(lrn ORDINANCE SUMMARY — RZ-06-003 — HASTINGS Page 1 of 1