07-1323 RZ Hartz Music Shop 07-002 (107095993)
ADA COUNTY RECORDER J. DAVID NAVARRO AMOUNT .00 5
BOISE IDAHO 07/06/07 10:33 AM
DEPUTY Bonnie Oberbillig 1111111111111111111111111111111111111
RECORDED - REQUEST OF 107095993
Meridian City
CITY OF MERIDIAN
ORDINANCE NO.
tl7-13Z3
BY THE CITY COUNCIL: BIRD, BORTON, ROUNTREE, ZAREMBA
AN ORDINANCE FINDING THAT MATTHEW HARTZ, THE OWNER OF
CERTAIN REAL PROPERTY HAS MADE A WRITTEN REQUEST FOR
REZONE OF THE ZONING CLASSIFICATION (RZ-07-002 HARTZ MUSIC
SHOP) FOR REAL PROPERTY BEING A PARCEL OF LAND DESCRIBED IN
WARRANTY DEED INSTRUMENT #97099506 TOGETHER WITH A PORTION
OF NORTH MERIDIAN ROAD RIGHT-OF-WAY, LOCATED IN A PORTION
OF LOT 6 OF J.E. PFOST'S SUBDIVISION IN LOT 6 OF SECTION 6,
TOWNSHIP 3 NORTH, RANGE 1 EAST OF THE BOISE MERIDIAN, CITY OF
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 L-O
(LIMITED OFFICE DISTRICT) TO C-C (COMMUNITY BUSINESS 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
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request for re- zoning by the owner of said property, to-wit: Matthew Hartz.
SECTION 2. That the above-described real property is hereby re-zoned from L-
o (Light Office District) to C-C (Community Business 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 HARTZ MUSIC SHOP - RZ-07-003
Page 1 of 3
SECTION 4. That the City has complied with all the noticing requirements
pursuant to the laws ofthe State ofIdaho, 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 of the City of Meridian shall, within ten (10) days
following the effective date ofthis 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)
ofthe 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 2h~ day of d~ ,2007.
APPROVED BY THE MAYOR OF THE CITY OF MERIDIAN, IDAHO,
this Z6 -I-t. day of J ~ , 2007.
-,,~/ac~i/
MAYOR MY de WEERD
RE-ZONE OF HARTZ MUSIC SHOP - RZ-07-003
Page 2 of3
ATTEST:
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STATE OF IDAHO, )
) ss.
County of Ada )
On this W~ day of June.... ,2007, 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.
(SEAL)
........
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NOTARYPUBLICFORIDAHO
RESIDING AT: lo..ld~1. \p
MY COMMISSION EXPIRES: \0-\ 'iL
RE-ZONE OF HARTZ MUSIC SHOP - RZ-07-003
Page 3 of3
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January 18, 2007
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.. Quadrant
Con 5 u It j n g, Inc.
Hartz Property Rezone
1990 North Meridian Road
A parcel ofland described in Warranty Deed Instrument #97099506 together with a portion of
North Meridian Road Right..,Of-Way, located in a portion of Lot 6 of IE. Pfost's Subdivision in Lot
6 of Section 6, Township 3 North, Range 1 East, Boise Meridian, Ada County, Idaho being more
particularly described as follows:
Commencing at the Southwest Comer of said Section 6, thence North 0001 '30" West 1234.28 feet
along the West line of said Section 6, thence continuing North 0001 '30" West 90.00 feet to the
POINT OF BEGINNING, thence leaving said West line
North 88044'30" East 200.01 feet, thence
North 00001 '30" West 85.00 feet, thence
South 88044'30" West 45.35 feet, thence
South 00001 '30" East 25.00 feet, thence
South 88044'30" West 10.00 feet, thence
North 00001 '30" West 25.00 feet, thence
South 88044'30" West 144.66 feet to said West line of Section 6, thence along said West line
South 00001 '30" East 85.00 feet to the POINT OF BEGINNING.
Said parcel contains 16,747 square feet or 0.38 acres, more or less.
This description was prepared using record information and without the benefit of a survey.
MERIDiAN PUBLIC
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LINE TABLE
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L1 SOO'01' 30"E 25.00
L2 SSS"44'30"W 10.00
L3 NOO'01 '30"W 25.00
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Civil Engineering . Surveying · Construction Manogement
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NOTICE AND PUBLISHED SUMMARY
OF ORDINANCE PURSUANT TO I.C. § 50-901(A)
CITY OF MERIDIAN ORDINANCE NO.07- 15,-3
PROVIDING FOR RE -ZONING ORDINANCE
An Ordinance of the City of Meridian granting re -zoning for a parcel of land described in
Warranty Deed Instrument #97099506 together with a portion of North Meridian Road Right -Of -
Way, located in a portion of Lot 6 of J.E. Pfost's Subdivision in Lot 6 of Section 6, Township 3
North, Range 1 East, Boise Meridian, Ada County, Idaho, more particularly described in Exhibit
"A". This parcel contains .38 acres more or less. This parcel is SUBJECT TO all easements and
rights -of -way of record or implied. As surveyed as attached in 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 Avenue, Meridian, Idaho. This ordinance shall become effective on the
day of �—Tu nc_- , 2007.
�u ) r
ity "ofmefidian
Mayor and City Council
By: William G. Berg, Jr., City Clerk
First Reading: (p-Z U -Q _j
Adopted after first reading by suspension of the Rule as allowed pursuant to Idaho Code 50-902:
YES X NO
Second Reading:
Third Reading:
STATEMENT OF MERIDIAN CITY ATTORNEY AS TO ADEQUACY OF SUMMARY
OF ORDINANCE NO. 07-13a 3
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. 07-1� 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 ZZ$1&, day of (--TU ne— 2007.
"'—William. L.M. Nary
City Attorney
ORDINANCE SUMMARY — RZ 07-003 Hartz Music Shop — Page 1