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06-1249 RZ Sundance Subdivision Commercial 06-001 (106133463) ADA COUNTY RECORDER J. DAVID NAVARRO AMOUNT .00 5 BOISE IDAHO 08/17/06 01:17 PM DEPUTY Palll Thompson 1111111111111111111111111111111111111 R.ECORDE~ -: REQUEST OF 106133463 CIty 01 Mendlan ~6 -/Z-?-tf _.._...../ CITY OF MERIDIAN ORDINANCE NO. BY THE CITY COUNCIL: BIRD, BORTON, ROUNTREE, WARDLE AN ORDINANCE FINDING THAT GARY L. VOIGT, THE OWNER OF CERTAIN REAL PROPERTY HAS MADE A WRITTEN REQUEST FOR REZONE OF THE ZONING CLASSIFICATION (RZ-06-001 - SUNDANCE SUBDIVISION COMMERCIAL ADDITION) FOR REAL PROPERTY BEING SITUATED IN THE SW % OF SECTION 31, TOWNSHIP 4 NORTH, RANGE 1 EAST, MERIDIAN, ADA COUNTY, IDAHO, BEING A PORTION OF SAID SW ~ AND A PORTION OF LOT 19 AND ALL OF LOTS 20-26, BLOCK 7 OF SUNDANCE SUBDIVISION NO.3, AS FILED IN BOOK 88 OF PLATS AT PAGES 10025 AND 10026, RECORDS OF 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-8 (MEDIUM 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 said property, to-wit: GARY L. VOIGT. SECTION 2. That the above-described real property is hereby re-zoned from R-8 (Medium 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 OF SUNDANCE SUB COMMERCIAL ADDITION- RZ-06-001 Page 1 of3 SECTION 4. That the City has complied with all the noticing requirements pursuant to the laws of the State ofIdaho, and the Ordinances ofthe 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 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. 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 ofthe 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 ofIdaho. SECTION 9. That pursuant to the affirmative vote of one-half (112) plus one (1) ofthe 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 -If; day of ~r f- , 2006. APPROVED BY THE MAYOR OF THE CITY OF MERIDIAN, IDAHO, this g'(! day of ~FI- ,2006. RE-ZONE OF SUNDANCE SUB COMMERCIAL ADDITION- RZ-06-001 Page 2 of3 . \ \ \ \ \ i III/Ii II . \ \ \ \ I, // . \\ \ r.s::. UE}~' II ,\ ..J \..J1 ~. II ......... :\ '\ .-- /~ .$' a r-p\POf~,_ ~ .2.J1l ~O ~ - ~ ~ - ~ - - - - - - - - - - - - - - STATE OF IDAHO, ) ) ss. County of Ada ) On this ~ day of A\ .lOI..1~+ , 2006, before me, the undersigned, a Notary Public in and for said State, personally appeared TAMMY de WEERD and WILLIAM G. BERG, JR., 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. ....... .....t~~~%~.. (SEAT }. ,/ ~ 0 '1' ~~~~. ~I!/ " ." \~ . . , \.ol'>. '..... . , ....~,~..I. · : ......~2:. .:a' · · ~~ : : ~ \... ,/ .. . ~ ; . ~ o'~~-!Q-_/' .. .~ JDA,\q... .... ..all ~1(l rn ~ GJ..J NOTARY PUBLIC FOR IDAHO RESIDING AT: Jh1d \ Lt.l' \0 MY COMMISSION EXPIRES:"lO..ll-j I RE-WNE OF SUNDANCE SUB COMMERCIAL ADDITION- RZ-06-001 Page 3 of 3 EXHIBIT A Legal Description TOOTHMAN.ORTON ENGINI!:ERlNG COMPANY CONSUlTINO ENGINEERS,. SURVEYORS AND PlANNERS !.1777 0 IINDfN ROUI.E\',.,RD nOISf, IlJAHO 83714"20ciil 108-,113.2288 . F^;X )(lM,32'.l',~.l9'1 ho,i~@I(H!nJtrr.n.~(~m Project 05161 Date: Februar:v I, 2006 rage: I of I Land Description fur Rc-zonc to L.O A parcel or land situated in lhe S W \<; of Scctit1n J L Township 4 Korth. RlInge ] Eil.')\., Boise MClidian, City of Meridian, Ada County. Idaho. being a ponioll uf ~aid S \V I"~. and a purlinn of Lot 19 and all \,f Lots 20 through 26, Rinck 7 uf Sundance Subdivision No., 3. as tiled in Oook llS of Plats al Pages 10025 and 10026. Records of Ada COlInty., Idaho, described as !ollows: BEGINNING alan aluminum cap; marking the COIT1er t:ommOlllO Section';! ,'I'ownship 4 North. Range lEllst; Seclion 36. Township 4 NOl.th, Range I Wesl; Section I, Township ~ North, Raligc I West; and Scclion 6. Township 3 North, Range 1 East, all Boise Meridian, Ada County, 11Iaho, from which a bra.~s cap, marking the ~/. t'orncr COnml\ll1 !o said Sllt:lions 31 and 36 bears 1'\.00"51 '5lf'[. 2650.09 Ii:d; thence, along the line common to said Sections 31lUld 36 and the centerline ofN. Meridian Road. I) N .00"51' 50"E.. 494.46 feet:. theuce. along the nonherly line of said Lol '26 and 1\1". westerly prolollgati(ln thereof. 2) S,lll.)"08' 1 U"L. 477.13 feet to lhe nonheastcrly comer of said Lot ::!6; thellet'. along the easterly liue of ~aid Lots 26 nnd 25 and lhe solltlwrly prulongation thereof 3) S,ODc'51'Slr'w,. 490.84 fcctllllhe centcrlirlt: orE. Lstiek Road iUld Ihe S,'Clion line C.(:)Jlllllon 10 said SL-'Ctions 31 anti 6; thence. along sllid Iinc. 4) NJI9"34'1T'W., 477..14 fc.cuo the POJIH OF REGJ1"1"ING. CONTAINING: 5,40 acres, more or less. SUBJECT TO: all Covenallts, Rights, Righls-llf-\l/l1)'. Eusl:ments of Record ~lJId anI Encum brances. rl11is descri:ption was prepared from record informmion on the ot'tlciul plm <It" SllndaI1C(~ Subdivision "NIL 3. records lIf Ad,( COlU1ty" Idaho J B~" AP~HO~~~1__ 1-r.',O:l~ I (>1\""1'1";1"\0<] 61 11.:.",,," oJ<;;.,,1,>;; r~".,~.~>:.~~~e~ ~'~'~~IC BOJSE . COEUR d'AU;;:-';E . CALDWELL '-'^'^-"-~"""------""'"'",~__._.....~,~~..,,~-~ "~~~'~'-"--"'"------""'~."'~",,---, J ~ .., a I ~ I 0",' I ~ Ii ~ ~ I 0;; l!i I l! .. I!< ~ l!l ~ i Iii g I' I ~ b tj ~ ill;: '" i l €i I, L I .~ II ,+i 0' I ~ 1 z <( o 0:::. W 2~ .oi z* ~ o 2l!fl 51 ;;; t<l13 z ~ ~ "" ~.'~ l;'!i crf RE-ZO~E BOUNDARY MAe 28 29 il: ~~ pg 0.- ~ 36 31 TAN.. fUt. N8Q'.}4"7.W 1 6 UN., R.1E. 477.14' E. USTICK ROAD !1RV~APf~t?-- ' 27 SS9"08'10"E 477.1,J' -----.....-..---~------~.".~~. 1 9 21 26 20 LO-REZONE '-"'-'~.."------'"------ 23 n 25 BLOCK ~ ~""'------""~, -------~--------..'-------' 23 24 . ...~~~. /~ ~L ."'............-...~~" ~~ (J 50 100 NOTE: ~'~R,"';'tol rUSLIC AREA SHOWN b V,O,1\.(S DEn A PORTION OF SlJNDANCE SUBDIVISION NO. 3 100 300 I TOlJTHl4AN-OBTON ENGINEJ!iRING_,~~~: e.;N.EtINtERS. SUftVi~Of(5' r-"~MN(RS 9T77 ClIINO(N BOULEVARD . ~sr.. IDAHO 83"114-2008 PHONE; 20!l-~2~-22BB ' FAX, 208-.32J-D99 HU, '1\D:l161\MO-'''' ""P...g 1l/,1r,~'Y 100I) .Dl:~lil 7 NOTICE AND PUBLISHED SUMMARY OF ORDINANCE PURSUANT TO I.C. § 50-901(A) CITY OF MERIDIAN ORDINANCE NO. 06- l ?�q PROVIDING FOR RE -ZONING ORDINANCE An Ordinance of the City of Meridian granting re -zoning for being land situated in the SW % of Section 31, Township 4 North, Range 1 West, Boise Meridian, Ada County, Idaho, being a portion of said SW '/ and a portion of Lot 19 and all of Lots 20 through 26, Block 7 of Sundance Subdivision No. 3, as filed in Book 88 of Plats at Pages 10025 and 10026, Records of Ada County, Idaho, more particularly described in Attachment "A". This parcel contains 5.40 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 availab�pjfop ingection at City Hall, City of Meridian, 33 East Idaho Avenue, Meridi`}i 'i�iinance shall become effective on the S � day of �- F,L.�`� '� Mayor and City Council of fhe itypf ridia. By: William G. Berg, Jr., City Clerk -I! First Reading: 8 —'$ —O f ' g Ae Rule as allowed pursuant to Idaho Code Second Reading: _ by suspension of the NO STATEMENT OF MERIDIAN CITY ATTORNEY AS TO ADEQUACY OF SUMMARY OF ORDINANCE NO. 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- 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. William. L.M. Nary, City Att ORDINANCE SUMMARY — RZ-06-001 SUNDANCE SUB COMMERCIAL ADDITION Page 1 of I