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08-1347 RZ Bellabrook Villas 07-006 (108013637)~ ADA COUNTY RECORDER J. DAVID NAVARRO AMOUNT .00 6 'BOISE IDAHO 02/07/08 10:55 AM DEPUTY Bonnie Oberbillig III ILIIILILIIIIIIIIIIIIIIIIIIII III III RECORDED-REQUEST OF 108013637 Meridian Ciry CITY OF MERIDIAN ORDINANCE NO. D8 - l ~ ~ 7 BY THE CITY COUNCIL: BIRD, BORTON, ROUNTREE, ZAREMBA AN ORDINANCE FINDING THAT J.E. DEVELOPMENT, LLC, THE OWNERS OF CERTAIN REAL PROPERTY HAS MADE A WRITTEN REQUEST FOR REZONE OF THE ZONING CLASSIFICATION (82-07-006 - BELLABROOK VILLAS) FOR REAL PROPERTY LOCATED IN THE NW '/ OF THE NW '/ OF SECTION 17, 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 R-8 (MEDIUM DENSITY RESIDENTIAL DISTRICT) TO R-15 (MEDIUM-HIGH RESIDENTIAL 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: J.E. Development, LLC. SECTION 2. That the above-described real property is hereby re-zoned from R-8 (Medium Density Residential District) to R-15 (Medium High Density Residential 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 BELLABROOK VILLAS - RZ-07-006 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 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 City 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 22 ~ day of ~ `7 , 2008. APPROVED BY THE MAYOR OF THE CITY OF MERIDIAN, IDAHO, this ~~~ day of ~G~`'~' ~' 2008. MAYOR TA Y de WEERD RE-ZONE OF BELLABROOK VILLAS - RZ-07-006 Page 2 of 3 • 4,~~,`,~ 11^ 11111!! ////'i w A(r r w O \ O ~ WILLIAM G. BERG, ., ITY CLE K ~~~~' ~ 4° ~O Tvs~•~ ,~.~~ ~% ~~1~V . ~,~ '''!!l!!!II (11111\t11t\ RE-ZONE OF BELLABROOK VILLAS - RZ-07-006 Page 3 of 3 STATE OF IDAHO, ) ss. County of Ada ) rd .--- On this G-2 day of `,%Q111~(~.CZ.~ , 2008, 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) ~ •~,~11, - ,~ •~ C?4;'~,~4 ~', ,~ p ~' p1 ~ • • 6~ . - ~~: ••~~•• •... • •''S~• NOTARY PUBL ~ FOR IDAHO RESIDING AT: C ~ ~ L'~ MY COMMISSION EXPIRES: -1 1 RE-ZONE OF BELLABROOK VILLAS - RZ-07-006 Page 4 of 3 l ~s Dual D.escrintion Belabr~ok ~'i~las ,4 parcel of land located in the NW %. of::the NV1,`%a of Section 1'7', Tawnship '3 Nsirth, .Range 1 East, Boise Meritlian, Ada.County; Idaho, and more.particularly described as follows: Commencing at a brass cap monument marking .the northwest comer of said NW '~ of the NW %a from which a brass cap monument markng 'the southwest Corner of the iVW' % of said Section 17 bears ~ 0°31'43° 1N a distance of 2658.74 feet; Thence S 0°31 F~#3" 111 along the westerly boundary of said NW '1 of the Nr/1! '/~ a distance of 890.67 feet to a point; Thence leaving .laic! westerly boundary S 89°67'19" E a .distance of 48.00 feet to a !inch diameter iron pin on the easterly right=of--way of S. Locus# Grove. Road and the Pt7iN7 C3F ~I~GINNtNG; Thence continuing S 89°57'19° E a distance of 94;94 feet to a 518'inch .diameter iron pin; Thence S 0°29`13" V1! a distance of 77.x2 feet to a'/ inch diameter iron pin; Thence N 8.5°59'3'7" W a. distance of 557'.'77 feet to a 518 inch diameter iron pin; Thence S 0°32'24"' W a distance cif 310.91 feet to a ~~ inch diameter iron pin; Thence N B9°58'07" W along a line 50.00 feet north of and parallel to the southerly boundary of said NW 1 of the NW ! a distance of 377.18 feet to a 5!8 inch diameter iron pin on the easterly right-of-way of S. Locust Grove Road; Thence N 0°31'43° E along said easterly right-of way a distance of 388,90 feet:ta the PC31NT ~?F >C3EGINNIIUG. This parcel contains 4.38 acres. and is subject to any easements existing or in use Clinton VV. Hansen, PL,S Land Solutions, PC May 11, 2006 gpVA~ RE~~E ap gY M ~GRKS Eg~IG ~~~ ~~~o .} q~ 'p' a l.~ I ~~ ~T.. 0~ ~5 ply ~ y~P ~"~~ ~~~~ ~i'"iHthf Surveytgq antl C°nf WC:ng 8ellabrook Subdivision Job. No. fl6-38 1, AREA = x.3;9 ACRES LOCATE'=D f[~I ~~-f.f= 1~1:~4/ i/~ ~JFTI-ff~ NCI 1.j4 t~F SECI`IQN 17, T~Nr !~ 1 f, f31Vl, CfTY OF fUfff~lf3fAN, AD1~ C0~.1fVTY, tf~Af~. 2~3 C/~~F 1ldST. Nn flJ4J81985 ~ E. FRANKLIN R©. ~$ ~7 ~h ~Yt w P07l~J.T OF " C:7 ~ f3! GJNN/NG F„, ~ Ks ar $ V Qi' ~ ~ cry ~ ~ 1~ t. 4;h1~ ~ t+' x ~ ;w ~ +'l ~, a ~~I M' ~ i o I 2 ~ 48` N N t7as. W~ ~~b ~~n O 78 !7 ~J4 CPd9" iNST NLt 105J~775 f P ~~LI `fi 1~VD ~/ . v.,fQ~t a~ iF~ 11118 ~~Nl.~ W 37!. REV p~pVALQ 8Y M WORIKS EPTtC ~ 9%39.94 ~ ~ ~H ~~ N B9 ~9 :37° 6Y 587.77' o a Boa zaa aaa 0 ~~ ~~,~--'~l.~nd Sunreying ~~nd ConsuJting z.~ i E. srH+sr., .sue. A M~RIOIAN 1C3 83(142 ~z~sl.zss-zoaa {aoa~:ass-zss~ rax iv~i~.~ar~.riSiNcioru:Dfiz NOTICE AND PUBLISHED SUMMARY OF ORDINANCE PURSUANT TO I.C. § 50-901(A) CITY OF MERIDIAN ORDINANCE NO. 3 -/ —/ PROVIDING FOR RE -ZONING ORDINANCE An Ordinance of the City of Meridian granting re -zoning for a parcel of land located in the NW '/ of the NW '/ of Section 17, Township 3 North, Range 1 East, Boise Meridian, Ada County, Idaho, more particularly described in Exhibit "A". This parcel contains 4.38 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 Z"�! day of �yL,r,L 2008. Mayor and City Council f the City Of Meridian By: William G. Berg, Jr., City Clerks ,7 "'> •' FirstReading: / — r �� • � �J ��' �' g: < — 2-2 0 9 Adopted after first reading by suspili btiF : Rule as allowed pursuant to Idaho Code 50-902: YES %<' NO UNTY Second Reading: Third Reading:—�`t'rrr++a+s+f�19`°'°y\` 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. Q 8 — 6347 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 22 e day of JG 2008. William. L.M. Nary, City Attorney ORDINANCE SUMMARY — RZ 07-006 BELLABROOK VILLAS Page 1 of 1