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1988 11-15t a. . T ! • • A G E N D A MERIDIAN CITY COUNCIL NOVF~IDER 15, 1988 ~ OF THE PREVIOUS N~'I'ING HELD NOVII~ER 1, 1988: (APPROVID) 1c FENCE & .BURN AT CRESTWOOD #~ 3: TABLED AT LAST MEEI'IlVG: (VICE NEIDED) 2: PUBLIC HEARING: AI~TION & ZONING REQUEST BY SEVENTH DAY ADVENTIST CH[J.[~H: (APPROVED) 3: ORDINANCE #500: ORDIlVANCE Al~Il~QG & ZONING SEVENTH DAY ADVENTIST CHURCFI P1~PERTY: (APPROVED) 4: JAMES MA'I'ZCCx: TRAVEL TR TA..~ AS TEMPORARY P~SIDENCE: (45 DAY EXTENSION APPROVED) 5 : SUSAN QUARNSTROM: ~~UEST TO PARK TR1~-F•R HOME BEE~ID ROSSELLI' S ON ROAD jt1HTTF REPAIRS ARE BEING COMPLETED: (APPROVED) 6: DEPARTMENT REPORTS: • • MERID7ADT CITY COUNCIL NOVE~ER 15,1988 Regular Meeting of the Meridian City Council called to order by Mayor Grant Kingsford at 7:30 p.m.: Members Present: Ron Tolsma, Bert Myers, Bob Giesler, Walt Morrow: Others Present: Scott Esplin, James Miller, Richard Allison, Dan Mabe, Susan Quarnstran, Jim Johnson, K. Beumteler, Diana Jackson, Paul Stutzman, Gary Smith, Moe Alidjani, Jesse Wilson, Charles Liggett, Jim Matlock, Joan Priest, Wayne Crookston, Mrs. Schlekeway The Motion was made by Myers and seconded by Tolsma to approve the Minutes of the previous Meeting held November 1, 1988 as written: Motion Carried: All Yea: Mayor Kingsford: We will vary from the published Agenda tonite as Mr. Dan Mabe of the Meridian School District is here to advise the Council and. the Audience present tonite on the upcaning Bond Election for the School District. Dan Mabe: The School District is planning a Bond Levy in the amount of $6,860,000 to be held on December 13, 1988, the polls will be open all day, voting will be at the various Schools. Mr. Mabe went on to explain how the monies from the Bonds would be used, talked about the growth factor in the District and the future needs. He also advised about some items the School Districts in the State were going to approach the Legislature with. (Bond Levy Voter Information Pamplet on File with Minutes) Item #1: Fence & Burn at Crestwood #3: Mayor Kingsford: Councilman Giesler, would you advise the Council on the activity since the last meeting. Giesler: This sheet I passed out is sane measurements and remarks the City Engineer had for me, when we tabled this at the last meeting, I was concerned about where the location of the curb and the height on Franklin Road, we were trying to cane up with a measurement to go by, I had overlooked an Ordinance, I feel that was brought to my attention by the City Attorney, it does state in there that the point of measurement would cane fran, it does speak in there as the crown of the highway, it doesn't necessary mean which highway but I think we have always gone by, since we are talking about Crestwood #3 Subdivision, I think we have to go by the street mm~ing in front of the hares, if that is the case, the burin fran that point of measurement ~rould be approximately 8" below what is allowed the six foot, they could do what ever they wanted to with another 8" on top of the burins. I don't think the burin is a real problem, they could either use the burns or a six foot fence, it would be my recar¢nendation that they go by the Ordinance, I don't think we can do anything other than that, I think either one could be used .but not over the six foot. The only other thing the developer could do would be go through the necessary process of a Variance. Morrow: The six foot is now currently five foot ,four inches above the crown of the highway, of Franklin Road, to the top of the Buxm? Giesler: No, we are talking about fran Crestwood. Way in the Subdivision. The way I interpret the Ordinance we have to use the street in the Subdivision. i-iyers: If you go to Franklin Road, then you are 3"2" to 3'9", is that right? MERIDIAN CITY COUNCIL i • NOVII~ER 15, 1988 PAGE ~ 2 Giesler: Yes, there is not a lot of difference, this would make about 1'7" difference. Mayor Kingsford: In any event that mould only be a 2' fence. Tolsma: How does that canpare with the fence in the other phase? Giesler: That is a six foot fence. Tolsma: We talked about putting a fence on the Franklin side of the harm at one time, that is supposed to be a carrion area. in there? Giesler: That would be up to the developer to do. Mayor Kingsford: The property line does go on the Franklin side far enough that the fence could be on the Franklin side of the harm? Giesler: Yes, there would be roan to do that. They could enclose the burns if they wanted to, the only problem is if they are going to keep their fences six feet high then they would be in violation when they went up over the burro. Mayor Kingsford: So it is your recam~ndation that the Council stay with the Ordinance, unless it is their desire to apply for a Variance? Giesler: That would be my rec.~annendation. Myers: The question I have is you are saying that the way the Ordinance reads, that the six foot fence is from the crown of the road not fran the place you are going to build the fence on, in other words the backyard where they would build the fence, excluding the harm it would not be measured from there but from the crown of the streets is that correct? Giesler: Legally, I think it goes from the crown of the road the way it is interp'r~t~~ Myers: There is the possibility the road would be lower than the house. Giesler: There is no doubt about it. I think there is a possibility you could be off a few inches, if you wanted to get technical i am sure there are a lot of fences in violation but just by a few inches. not feet. Tolsma: Another problem is that harm was not to be there to begin with. Giesler: Well, I have not gone back in the minutes on this, it was before my time on the Council, but as I understand it the berm was basically not supposed to be there it was to be stockpiled there until they moved it at a later date when the property was '~ developed. I don't think the berm is the problan, it could be used as the fence`if that is what they wanted to do but we cannot build on top of the harm. .Narrow: If I could say scenething here, I don't want to give anybody false hopes in tens of Variance, I don't think I would personally be in favor for a Variance on top of that particular burin, it seen to me in this situation the builders and developers are the ones here who have either not bothered to take the time to find out what the rules are or they have knowingly ignored the rules in terms of putting the fence on top of the burin, it seem to me that based on sane of the input that we have here it is almost a situation of the haneowners of Crestwood versus the City of Meridian or versus Mrs. Schlekeway and I don't think that is the case, it seems to me that the mistake that was made here was made by the builders and developers and it is also my MERCDIAN CITY COUNCIL . • ' NOV.ENIDER 15, 1988 PAGE #3 understanding that in the past they have had some problen with taking the time or the courtesy to notify the building department in terms of making such misibrnan inspections as footing & foundations, so there is a track record here of not doing things as best as they can be done and being in that business myself, I know that in Meridian it has been the policy of this admir_^tration and past adminstrations to keep things as simple as possible, so the cost is a% a minimtun to our citizens and so that we can have a reasonable degree of success in our lives. It seen to me here that maybe some of the energies are a little misdirected and being from that building corrnnunity, one of the reasons we keep things simple here in Meridian is so we do not have the .horrendous bureaucracies like they have in Boise. Those bureacracies are created by these kind of situations with everybody wanting to fudge a little bit. So it seems to me that the people with young families are entitled to have wood. fences or any kind of fence to keep those children off of Franklin Road and with that in mind it seems the proper thing to do here for the builders and developers to put the burn where it belongs, put the fencing where it belongs so it protects the residents children and so that it protects Mrs. Schlekeway's rights and that we ought to press on from that standpoint. Everybody is free to ask for a Variance but I think in tens of me personally, I would be inclined to vote against it. Mayor Kingsford: Any other comments, if not I would entertain a Motion. The Motion was made by Morrow and secronded by Myers that we accept Councilman Giesler's reccsrnnendation to stay with the Ordinances as suggested. Motion Carried: All Yea: City Attorney: One canunent, a.s I understand the Notion that is in no way a ruling in advance of a request for a Variance, they still have the right to request a Variance, there is no guarantee that it would be granted but they still have the right to approach and petition the Council for a Variance. Mayor Kingsford: That is correct, they have not done that as yet. Item #2: Public Hearing: Annexation & Zoning Request, W/Conditional Use Permit by Seventh Day Adventist Church: Mayor Kingsford: Mr. Allison would you like to come forward and be sworn: Allison, 1040 East Pine, Allison was sworn by the City Attorney: Allison: We are here tonite asking annexation & zoning of approximately 4.75 acres at the NE corner of Cherry Lane & Ten Mile. We are further requesting this be split into two parcels, the principal reason for the split is the Church requires only three acres of land and the owners would prefer not to sell a portion of an irrigated parcel but to sell the entire parcel. Therefore the Church asked me and I agreed to purchase the remaining property. We have reviewed the c~anents from the various departments, further research has been done with regards to a couple items, that were not specifically addressed, namely the sewer issue, I will cce~nent on what the City Engineer has told me and if he wants to further correct that he may, my under- standing was that he met with Mike Nelson from Ben-Fran Savings out of Portland, Oregon and with Paul White wk~ is the developers representative with regards to Cherry Lane Village and they did not believe it was in their interest at the present time to provide the easenent necessary to extend the sewer service over to Ten Mile Road. So at the present time it is my understanding we cannot make sewer available to the property. We are also requesting a Conditional Use Permit for the benefit of the Church. That would be to enable then to build the Church on the front three acres. ,r~DZAN cITY CovNCIL NOV.E~IBER 15 ~ 1988 PAGE # 4 Mayor Kingsford: Any questions by the Council of Mr. Allison? Giesler: Would the rest of the property stay, what zoning are you requesting? Allison: We are requesting an R-4 Zoning on the entire property, the difference being on the front three acres a Conditional Use Permit as well to allow the Church. We did have one additional catment that we wanted to address since we had not received ACHD's requirements at the P & Z Hearing and I had not given them to the Church we have a representative of the Church-with us here tonite and he would like to address one specific issue at this meeting. Mayor Kingsford: I will now open the Public Hearing, is there. anyone else from the audience who wishes to offer testimony on this request? James Miller, 351 Liberty Drive, Nampa., Miller was sworn by the City Attorney: Miller: We are requesting a waiver of the requirements for installation of curb, gutter and sidewalk on that three acre parcel, primarily because it will be a costly and extra expense that will place an andue hardship on the Chinch Membership at this particular time, secondly it is not a cotr¢nercial development but it is a Church develo~xment and thirdly there are other churches on Cherry Lane at this point in time that do not have curb, gutter and sidewalks. Specifically I could mention the Cherry Lane Baptist Church and the First Church of Christ. However at the time the property is developed we are pre- pared to give the required property to ACRD, at a later date when it is developed if the City Council would grant a waiver for the requirements of curb, gutter & sidewalks at this time. Mayor Kingsford: any Questions? Morrow: Are you aware that at such time if that waiver is granted, as at such time those curbs, gutter & sidewalks are put in they will be at the Church's expense? All you are doing is deferring the time at which you are going to pay. Miller: That is understood: Mayor Kingsford: Is there anyone else in the audience who wishes to offer testimony on this request? There was no response, the Public Hearing was closed. Council Members you have Findings of Fact & Conclusions that were prepared for the Planning & Zoning Comm- ission, there are no appreciable difference, is tie a Motion on those Findings? The Motion was made by Myers and seconded by Tolsma to approve the Findings of Fact and Conclusions of Law as preparec7.for the Planning & Zoning Commission: Motion Carried: Roll Call Vote: Morrow, Yea: Giesler, Yea: Myers, Yea: Tolsma, Yea: Mayor Kingsford: We have prepared an Ordinance for the Annexation & Zoning of this property and being no adverse testimony, this is Ordinance #500, an Ordinance of the City of Meridian annexing & zoning a portion of the Southwest Quarter of the Southwest Quarter of Section 2, Township 3 North, Range 1 West of the Boise Meridian, Ada County Idaho; and providing an effective date, is there anyone in the audience who wishes Ordinance #500 read in its entirety? There was no response. The Nation was made by Tolsma and seconded by Giesler that the rules and provisions of 50-902 and all rules and provisions req>>;ring that Ordinances be read on three different days be dispensed with and that Ordinance #500 as read be passed and approved: Motion Approved: Roll Call Vote: Morrow, Yea: Giesler, Yea: Myers, Yea: Tolsma, Yea: MERIpIAN CITY COUNCIL • • ' NOVF.'N~ER ].5, x.988 PAGE # 5 The Motion was made by Morrow and seconded by Myers to approve the Conditional Use Permit for the Seventh .Day Adventist Church which allows building of a church in a R-4 Residential Zone: Motion Carried: All Yea: The Motion was made by Morrow and seconded by Giesler to waive the requirement of ACRD for curbs, gutters and sidewalks for the Seventh Day Adventist Church until such time as the adjacent property develops: Motion Carried: All Yea: Item #4: James Matlock: Travel Trailer as Temporary Residence: Mayor Kingsford: Mr. Matlock would you come forward and address the Council. Matlock: I did not realize when I moved into that property, the amount of work that was needed to be done to make the house liveable, I would like to request an additional 45 days, I know the original time was up some time ago, I am to the point of installing the gas line so I can heat the house, if I can get an additional 45 days I will be able to move into the house. The Motion was made by Giesler and seconded by Myers to grant Mr. Matlock an additional 45 days use of the Travel Trailer as a temporary residence. Motion Carried: All Yea: Item #5: Susan Quarnstrom: Request to park trailer home behind Rosselli's on Franklin Road while repairs are being made to trailer: Mayor Kingsford: Ms. Quarstrom would you cane forward and address the Council: Quarstrom: 6Ve rented the house from Rosselli's with the condition that it would be alright to park, I was living in a ten wide trailer. by 55, and it was really not live- able, we were told on good faith by Rosselli that it would be alright to park it while it is being repaired, it is not going to be used as a residence just redone so it can be moved back into a park or resold. Mayor Kingsford: For the Councils information, she asked the City Clerk about this and it was thought this should be approved by the Council Giesler: How long period time are we lookini~ at? Quarstrom: We anticipate no longer than one year. if it does go over that we could ccgne and ask for a extension. Giesler: Do you have any problems with any of the neighbors or anything like that? Quarstrom: I have a small problen with Teresa Sidmor~ who owns some property back there, she has advised the City Clerk that it is t~ feet on her property, it does hang over two feet into the easetnen~ , as soon as we can clear out some weeds we will reposition it . Giesler: There won't be any utilities or anything like that hooked up to it? Quarstrom: No. N~IDIAN CITY COUNCIL ~ • NOVEMBER 15, 1988 PAGE # ~ Morrow: all you are asking for is a storage space to repair-this? Quarstran: Yes. Morrow: What is the zoning on that property? City Clerk: It is zoned industrial. The Motion was made by Giesler and seconded by Myers to grant Susan Quarnstran's request to park a trailer have while repairs are being made on a temporary basis behind the have on the Rosselli property, this request good for a period of one year. Motion Carried: all Yea: Departrnent Reports: City Attorney: Council has directed me to pursue enforcenent efforts regarding violations of the Day Care Ordinance, the City Clerk has sent letters and he has turned a couple of poeple over to me to send letters, I have sent letters, I did receive a response fran~ Mary Wilson, she indicated in the response that they were in the process of trying to move her, what she terms as apre-school to another location, in her letter she indicated they were dealing on same property, she did not indicate where the property was, she requested a 120 day grace perioc~,I told her that I would present that to the Council, I believe Mr. Wilson is here and I would like him to make sane kind of presentation to the Council, what their intention are ,where the property is. I also sent a letter indicating that apre-school under our Ordinances is a private school and whether it is a day care or not it would still require a Conditional Use Permit in order to be operated in any zone within the City. Wilson: We requested 120 days because we were not aware of the need for a Conditional Use Permit, the property we are tr; ~ g about is located at 1608 Meridian Street, it is caranercially zoned prepe~:y, we thought this would take us out of the residential setting, place us where the Council would look upon mare favorably. We feel that the school provides a real service to the carnnunity and we would like this opportunity to have time to apply for this. City Attorney: How long do you think it is going to be before you are able to move to this location, assuming the Conditional Use Permit is granted. Wilson: The property will take a little renovation which I will need to do, that is why we requested that amount of time. before we even knew we needed the Conditional Use Permit. It looks like we will have approval for financing within a week or less. Morrow: A question here,~what happens if the whole thing falls through? Wilson: If it falls through, I guess we will have to call it quits. City Attorney: Also for the Council's info~anation, Mr. Liggett who is a neighbor happened to call me the other day and I so informed him that this was going to cane before the Council, he is present I believe, I did not inform him that this is a public hearing but I would say he is in attendance and he is an interested party, as far as what is going on with the-other people, it .has been the suggestion and I think that it is appropriate for the other day care operators who have picked up documents to apply for their permits, I think that it is appropriate that as long as they are pursuing a applicable permit that they are trying to meet the guidelines of our Ordinance and it is an Ordinance that to my knowledge no one has grandfather rights to prevent MERIDIAN CITY COUNCIL • • " NOVII~ER 15, 1988 . PAGE # ~7 , enforcenent against them, it is also a recently adopted Ordinance and in that guide- line Ithink it is appropriate to grant people the opportunity to attempt to canply with .the Ordinance, this is a little bit different situation because the Wilson's are including this as a school, it does not fall within the guidelines of what we have been calling the day care Ordinance, it would fall within the Ordinance that we adopted in 1985, which required a Conditional Use Permit for a school as of adoption of that Ordinance. They are however attempting to canply, in one sense they are attenpt- ing to comply with the day care Ordinance because the City feels they operate a day care and they are attempting to move it from a residential setting to a commercial setting. I think it would be appropriate in my mind to grant them sane time to bring thenselves within the guidelines of the Ordinance. Mayor Kingsford.: Whether it be consider a school or a day care it still would require a Conditional Use even in a car¢nercial zone. City .Attorney: That is correct. Morrow: It seen to me like the Wilsons are making a good faith effort to press on and work with the City and work with the residents of the subdivision, it looks to me like it has been a real tough problem for everybody over the last eight or nine months and I an inclined to agree with what the Counselor has said here as long as people are making a good faith effort and they have some kind of activity in the works, I do not think personally I am opposed to granting 120 days. City Attorney: I think that since Mr. Liggett has been involved in this situation, if he would like to speak, it would be my recaranendation~to allow him to at least address the Council. f Mayor Kingsford: I agree, Mr. Liggett would you like to address the Council? Liggett: It is alright, I will go along with the Councils decision. The Motion was made by Myers and seconded by Giesler to grant the Wilson's a period of 120 days to relocate thesis pre--school. Motion Carried: All Yea: Mayor Kingsford: I would request that the City Clerk and City Attorney keep tabs on the others to make sure they are moving along. I might also advise the Council that I have had discussion twice with Harvey Hoff in regards to the noise problen, they are pursuing that to get it remedied. Being no further business to cane before the Council the Motion was made by Myers and seconded by Tolsma to adjourn at 8:20 p.m.: Motion Carried: All Yea: (TAPE ON FILE OF THESE PROCEIDINGS) APPROVED: KINGSFORD, MAY R T: ~. ~~A~ ~~ NGi~„Nl L Q4~L,JLL, Vl Y VLG1~1 pc: yor & Co cil Police Stuart, Ward & Z s Hallett, Stutsman, s Mail (q) Atty, ,Fire ACRD, NINID, CDH, ACC File (4) Settlers IRRG. L '~~\`~~ RUBBLE ENGINEERING • `-~ ~ ~ ~ ~~ 8590 Fairview Ave., Suite F, Boise, Idaho 83704 (208) 322-8992 .moo SuRVE'~o LETTER OF TRANSMITTAL November 7, 1988 Mr. Twayne Walker T & R Construction 1406 S. First Street Meridian, Idaho 83642 Dear Twayne, Attached is a cross section sketch which depicts the existing situation along the South side of Franklin Road at Crestwood Estates No. 3 in Meridian, Idaho. This information was gathered from field survey data collected on November 2, 1988 while setting proposed C & G Grades along Franklin Road and Crestwood, Estates Subdivision No. 3 roadway development plans dated June 15, 1988 by our firm. The proposed fence location is per my telephone conversation with you on November 4, 1988. If we can be of further assistance, please do not hesitate to call. Sincerely, °F r~j~ Todd R. Waste, L.S. RUBBLE ENGINEERING, INC. TRW/mlr wp:13_11-7-88 Enclosure RUBBLE ENGINEERING Q ~ 8590 Fairview Ave., Suite F, Boise, Idaho 83704 (208) 322-8992 prop®rty llne: -----~ 'I W. Franklin Rd, ,r, ~ FGtVetne n f ~ Ex1 sting ~ ProposP~t Proposed CMG ~ SW ~- proposed Fence -F,ciafir~ G~rovtr~~f --~. , 3'- 3~ Uarle s Cre s t wood ~s-if'a des ~~ ~ 3~ TYPICAL: ,S~'CTION West Franklin Rd; (Crestwood Estates) .~ ~ z ~ ~ Z ~ ® ~ r r ~ ~ ~~- ~ ~ ,- ~ ~ ~~ _ o _~-~ ~ ti' /. // > / ///ii% ~- ' ~/ , ,~ .,, ; , ` f .. I~ ~ o F. _:~;_ ~ W _ -- ~' ~ --~~ -7. ~'' .._~~ • • Nov. 7, 1988 Dear Mr. Crookston, We are in receipt of your letter dated 11-4-88 demanding we apply for a conditional use permit or cease operation of our school within 10 days. We have finally decided to put an end to all the controversy regarding our school. We are requesting 120 days grace period to reestablish our school in a commercially zoned area. We have already located a building and have applied for financing. This financing has tentatively been approved. We would be happy to verify the above if necessary. We would hope the city would be reasonable in granting this time period to purchase the property and make needed renovations. The Joy School is a valuable service to the community and it would be unfair to the children currently enrolled to close the school as you have demanded without some com- passion and consideration. Awaiting your response, Mary L. Wilson c.c. Jack Neiman, Mayor Kingsford, City Councilmen OFFICIALS JACK NIEMANN, Clty Clerk JANICE SASS. T-eaeurer BRUCE D. 8TUART, Water Worke Supt. WAYNE O. CROOKSTON, JR., Attorney EARL WARD, Waste Water Supt. KENNY BOWERS, Fire Chlaf ROY PORTER, Pollca Chlef GARY SMITH, Clty En0lneer • HUB OF TREASURE VALLEY A Good Place to Live CITY OF MERIDIAN 33 EAST IDAHO MERIDIAN, IDAHO 83642 Phone888-4433 GRANT P. KINGSFORD Mayor October 26, 1988 Mr. James Matlock 20 East Ada Meridian, Idaho 83642 Dear Mr. Matlock, COUNCILMEN BILL BREWER RONALD R. TOLSMA J. E. BERT MYERS ROBERT OIESLER WALT MORROW Chalmun 2onlrtp 8 Planning On November ?, 1987 you were granted the use of a Travel Trailer for a temporary residence until June 1, 1988 while the home at this location was being refurbished. It has come to the attention of the City that this trailer is still being occupied and at this time it will be necessary to either vacate the use of the temporary facility or come before the City Council and request an extension. Sincerely, a N emann City lerk c.c. Mayor Council Attorney ~' ~~ ~ ~. ~/l~lM OQAN ~ u ryl ~~, G'Ouv~canggv~ ~oB ~~ES.I.ER RE: ~~.rn C cncs~rwoon ~vo.3 sv-g~. " Proi..C!~E s'Twoo D ~3 S~bQ. ~ate!o~21~ 88.ey. C.~.S~nr~. Sheet...-...~...._..Of....._ ~ ..:._.. :. ~~)s A F~Rnoon - ~0-21- ~'8 - ~ -rvok sow~E L.EV~t, .sl~aTs On TtlE BERvh ~hn ApT4c~rT AI~~AS. TAE 1ZESNl.TS O~ Y-~Y 0~SE1~VivTtonS A-z.E A5 g+o~~ows ~• Tllk ~~C~E OF p~vEmE~' (f-2,ank~~h ~D.~ 1s Anpyoxir-na•~c~ 3~ Z~~ .. below -b~ o~ be~w- ~ ~, n, w. ~oYV-.ev o~ I,o~ 2 , ~ ~l~. 3 . ! 2. _"('L-e eolalc o~' pavP.vv~ev-'~' ~ ~owikl~v~ dal •~ is uphL°x -v-na~-Q I.y 3= below •bp o-~ berw- Co ~- V-,W, eQrhQr o~ Lod 4, IB1~.-3. 3 . TI~-- e d Re o~ ~, avtw-ar-~1- on C~,s ~ w+o~~- Drive. , oP pos ice. I.o~ 2 i s ~ QIoA~.d- !'_ ~'' ! o wer -411a.H ~ ~oiq.e o~ pa v~w-rv-+ o -~ . ~row,k l~h 12oad. '4'~ '(kA. 4nro o d ~~,v-c~. a~oKo~ C~e.s~tivoocl ~ o. I Subd. ~ is ~' i M l~q hi-, 5 . The -bp o ~ Wood ~w-ea, is abo~' 4'-q'' above t~qe o~ ,. ~Oa4ew~'t CFvow-klih IZd.) aid abok~ l' above. ~p off' berm. fa. -mrs. Sc~-lc~wo~s ~+ ~avd is a~pwx . 1~~" 1 oWCV -1`kQw 'rhQ. }vp o ~ berv~n " ~. 'j1~, y,o-~I-I~ pwp~t~ 1 ina, o~ •i1,.e. laf-s ab~ ~tt ~-~ ~'vwr- k (~•~., Yload +s lO' hor+~- of ~ fop n~ berr-n. $, ~- 9-rouv-d le.uc~, o~ ~.o~ 4 ~ I~Ik, 3 ~. a~~O-roziiMa~-t1"1 5'-~'' 51'r ~„~ o ~ ~ ~ Prop. une ~ , Y~ . ' ' ti ~o~ • ORDINANCE NO.~ SEVENTH DAY ADVENTIST CHURCH ANNEXATION aNlsaosE, Flrzca~o acaoolcsrorl Attomeyaam! Cauneelors P.O. Box127 Methilan, Idaho 83842 Tehlphons8881101 AN ORDINANCE OF THE CITY OF MERIDIAN ANNEXING AND ZONING A PORTION OF THE SOUTHWEST QUARTER OF THE SOUTHWEST QUARTER OF SECTION 2, TOWNSHIP 3 NORTH, RANGE 1 WEST OF THE BOISE MERIDIAN, ADA COUNTY, IDAHO; AND PROVIDING AN EFFECTIVE DATE; WHEREPiS, the City Council and the Mayor of the City of Meridian, Idaho, have concluded that it is in the best interest of said City to annex to the said City the real property which is described in Exhibits "A" and "B" attached hereto and incorporated herein by this reference as if set forth in full herein. NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF MERIDIAN, ADA COUNTY, IDAHO: Section l: That the described and referenced real property in Exhibits "A" and "B" is hereby annexed to the City of Meridian, and shall be zoned as follows: R-4 RESIDENTIAL. Section 2: That this Ordinance does not supercede the record, particularly the Findings of Fact and Conclusions, pertaining to this annexation, but said record is made a part hereof by this reference and incorporated herein. Section 3: That the City Clerk shall cause one (1) copy of the legal description and map which shall plainly and clearly . r ,_ i. • designate the boundaries of said property, to be filed with the Ada County Recorder, Ada County Assessor, and the State Tax Commission within ten (10) days following the effective date of this Ordinance. Section 4: WHEREAS, there is an emergency therefor, which ',emergency is hereby declared to exist, this Ordinance shall take effect and be in force from and after its passage, approval and 'publication as required by law. PASSED by the City Council and approved by the Mayor of the City of Meridian, Ada County, Idaho, this, day of November, 1988. APPROVED: ~~ Mayor--GRANT R N FORD Y AMBR08E, FITZGfERALD O:CROOKBTON Attome7sand Couneetas P.O. Box 127 McHdlan,IdeAo 83012 Telephone80B1481 ATE OF DAHO, ) ss. Count of Ada, ) I, Jack Niemann, City Clerk of the City of Meridian, Ada County, Idaho, do hereby certify that the above and foregoing is a true, full and correct copy of an Ordinance entitled "AN ORDINANCE ANNEXING AND ZONING A PORTION OF THE SOUTHWEST QUARTER OF THE SOUTHWEST QUARTER OF SECTION 2, TOWNSHIP 3 NORTH, RANGE 1 WEST OF THE BOISE MERIDIAN, ADA COUNTY, IDA 0; AND PROVIDING AN EFFECTIVE DATE", passed as Ordinance No. ~c~ , by the ' ~ '~ ~ AMBROBE, FIIZGERALD 8 CROOKBTON Attomaya and Comroalas P.O. Box 127 e+teHdlan, Idaho 63802 Telephmro 86&N61 i • City Council and Mayor of the City of Meridian, on the ~r~ day of November, 1988,/~a,~s the same appears in my office. DATED this~/~'1 day of November, 1988. City Clerk, C ty of Meridian Ada ounty, daho STATE OF IDAHO, ) ss. County of Ada, ) On this ~~ day of November, 1988, before me, the undersiged, a Notary Public in and for said State, personally ,appeared Jack Niemann, known to me to be the person whose name is ..subscribed to the within and foregoing instrument, and acknowledged that he executed the same. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year in this certificate first above written. SEAL `,> ~~d p~°~` ~ ~_ ~®'[~1~~, ~o ~ N ary Public for Idaho ` siding at: Meridian, Idaho ~, ~ ..'. ~ ~ ~ ~~~~ ~ ~ ~ . My commission expires on Apri 1 1,1993 ~ 4~ i ~'+ 5 • • , • ~ ~ • • EXHIBIT "A" This par•ce 1 I s a por t i an of the ~:I~J1/4a~~J1;'•4 cif _~ec t i on 2, T`~~~nsh i p 3 North, Range 1 Jest of tf-ir Bai .•e t•1Fr• i di an and i =_• mare particularly de=_•cribed a•a fr_~11~~~!•_: BEGINNING at the southwest r_orner of said alr•Jif4Slai1>~4; Thence North U° 1 ~' 07" East al ong the wes+.er• 1 y boundary of sa i d 5LJ1/4SW1/4 a distance of 345.50 feet; v Thence South BB° 38' 31 "• East par•al l e l :~~ i th the southerly boundary of said SW1/4SW1/4 a distance of 417.50 feet; Thence South 0° 1';a' U7" West par•al 1 e 1 w i +.h the said wester 1 y boundary a dl Stance of 345.50 feet to a point on said soutl-~erl Y toundary; Thence North B5°3a'31° West a distance of 417.54 feet to the PGINT OF BEGINNING. This parcel contains '3.311 acres and i s e•~~tljer_t to county road rights-of-way along the westerly and southerl:r• boundaries and to a 7.°~ foot wide irrigation easement clang the easterly boundary. ,,. •• ;. • • EXHIBIT "B" FF;RO:EL Th i =_. par•ce 1 i s a pc~r• t i •,n cif the SW1..•'4~~i.Jli4 of ~.ec t i an ~, Townsh i p 3 Nar•th, Range 1 We=_.t ~,f thr Bc,i se P•ter• i di an and i s more particularly descriCed as follr_~ws: COMMENCING at the southwest cor•ner• r_~f said SW1i4Sl~l1..~4; Thence North 0°iy'0?" East along the westerly Laundar•y of said SW1/4SW1/4 a distance of ;345.50 feet to the TRUE POINT OF BEGINNING; Thence continuing North 0°19'0?" East along said westerly boundary a distance of 1b7.00 feet; Thence South S8° •38' 31 u East par•al 1 e 1 ~~~ i th the souther 1 y boundary of said 5W1~4SW1./4 a distance of 41 r .50 feet; Thence South 0°19'07" West parallel witri =_•aid westerly bounder}• a distance of 1b7.00 feet; Thence P•Jarth s3S°vS`31" West a di=_.tancr of 417.50 feet to the TRUE POIPJT OF BEGII'JhJING. This parcel contains 1 .b0 acres and i s sub_iec# +.o a ceuntw• road right-of-way along the westerly boundary and to a 7.5 foot wide i r•r i gat i on easement al ang the nc~r• they 1 y and easier 1 y boundar• i es. ARY County, It4~ho s uwt sf ' ~~ TI M. DAT /~~A~i 117A'~ epu /~~