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03-1023 RZ Mallane Comm Compl 03-001 (103089189) ADA COUNTY RECORDER J. DAVID NAVARRO ,)f"L BOISE IDAHO 05130103 02:4B PM ~ DEPUTY Bonnie Oberbillig ~~~i~~a~Eg;REQUEST OF 1111111111111111111111111111111111111 AMOUNT .00 103089189 CITY OF MERIDIAN ORDINANCE NO, 03- 102...3 AN ORDINANCE FINDING THAT THE OWNER, M & L LIMITED PARTNERSHIP, OF CERTAIN REAL PROPERTY GENERALLY LOCATED ON THE NORTH SIDE OF EAST FAIRVIEW AVENUE, APPROXIMATELY Y2 MILE WEST OF NORTH EAGLE ROAD, MERIDIAN, HAS MADE A WRITTEN REQUEST FOR REZONE OF THE ZONING CLASSIFICATION FOR REAL PROPERTY THAT LIES WITHIN THE BOUNDARIES OF THE CITY OF MERIDIAN FROM L-O (LIMITED OFFICE DISTRICT) TO L-O (LIMITED OFFICE DISTRICT) AND CoG (GENERAL RETAIL AND SERVICE COMMERCIAL DISTRICT) ZONING DISTRICT AS DEFINED UNDER MERIDIAN CITY CODE SECTION 11-7-2 G AND K, REPEALING ALL ORDINANCES, RESOLUTIONS ORDERS OR PARTS THEREOF IN CONFLICT HEREWITH; AND DIRECTING THE CITY ENGINEER TO ADD SAID REZONING DESIGNATION TO THE OFFICIAL MAPS OF THE CITY OF MERIDIAN, IDAHO. BE IT ORDAINED BY THE MAYOR AND THE COUNCIL OF THE CITY OF MERIDIAN, COUNTY OF ADA, STATE OF IDAHO: SECTION 1. FINDINGS: 1. The owner of the following described property 6.95 acres has made a written request for a re-zone of the zoning classification for the subject Real Property herein described from L-O (Limited Office) to L-O (Limited Office) and CoG (General Retail and Service Commercial) Districts as defined under Meridian City Code § 11-7-2 G and K; and Physically located on the north side of East Fairview Avenue, MALLANE COMMERCIAL COMPLEX SUBDNISION (L-O AND C-G) RE-ZONE ORDINANCE / RZ-03-001 PAGE 1 OF4 approximately \I, mile west of North Eagle Road, Meridian, Idaho. A parcel of land being Lot I, Block I of Angel Park Development, a Subdivision, as same is shown on the plat thereof recorded in Book 73 of PI\lts at Page 7551 of Ada County Records, and a portion of the SWI/4 of the SE1I4 of Section 5, T. 3N., R. IE., B.M., Meridian, Ada County, Idaho, more particularly described as follows: Beginning at the northerly lot comer common to Lots I and 2, Block I of said Angel Park Development, said point being on the southerly right-of- way line ofN. Hickory Way, and said point also being the REAL POINT OF BEGINNING; Thence South 00°29'29" West, 285.58 feet (formerly described as South 00°29'33" West) on the lot line common to said Lots I and 2 to a point on the section line common to Sections 5 and 8 of said T. 3N., R. IE.; Thence North 89°48'53" West, 661.14 feet on said section line to the Y. Section comer common to said Sections 5 and 8; Thence North 00°28' 51" East, 320.09 feet (formerly described as North 00°27' 14" East), a portion of said line being on the westerly lot line of Lot I, Block I of said Angel Park Development; Thence South 89°32'34" East, 373.74 feet; Thence North 00°27'26" East, 257.08 feet to a point on a curve on the southerly right-of-way line ofN. Hickory Way; Thence on the northerly lot line of said Lot I, Block I and said southerly right-of-way line for the following courses and distances; Thence 139.82 feet along the arc of a curve to the right, said curve having a radius of 370.00 feet, a central angel of21 °39'06" and a chord distance of 138.99 feet which bears South 49°35'29" East; Thence South 38°45'53" East, 192.86 feet to a point of curve; MALLANE COMMERCIAL COMPLEX SUBDIVISION (L-O AND C-G) RE-ZONE ORDINANCE / RZ-03-001 PAGE 2 OF 4 Thence 77.59 feet along the arc of a curve to the left, said curve having a radius of209.98 feet, a central angle of21 °1 0'21" and a chord distance of 77.15 feet which bears South 49°21 '04" East to the real point of beginning. Said parcel containing 5.62 acres more or less. 2. The City of Meridian Planning and Zoning Commission and City Council having given notice and conducted all public hearings in accordance with law and having issued its findings offact and conclusions oflaw and Decision and Order granting the application for rezone and which conditions and requirements Applicant shall comply; and 3. The real property, which is the subject of this ordinance, is legally described in Section 1.1. of this Ordinance. SECTION 2. That the above-described Property be, and the same is hereby re-zoned and designed (L-O) Limited Office and (C-G) General Retail and Service Commercial Districts. SECTION 3. That the City Engineer is hereby direct to alter all use and area maps as well as the official zoning maps depicting the City of Meridian land use zones in accordance with this ordinance. SECTION 4: All ordinances, resolutions, orders or parts thereof in conflict herewith are hereby repealed, rescinded and annulled. SECTION 5, This ordinance shall be in full force and effect from and after its passage, approval and publication, according to law. PASSED BY THE COUNCIL OF THE CITY OF MERIDIAN, IDAHO, this 2-0-tk day of tnOvtj ,2003, MALLANE COMMERCIAL COMPLEX SUBDIVISION (L-O AND C-G) RE-ZONE ORDINANCE / RZ-O3-001 PAGE 3 OF 4 APPROVED BY THE MAYOR OF THE CITY OF MERIDIAN, IDAHO, this 2.010(". day of VVt~ ,2003, Attest: City Clerk First Reading: 5-20-03 Adopted after first reading by suspension of the Rule as allowed pursuant to Idaho Code 50-902 Yes:~ No:- Second Reading: Third Reading: STATE OF IDAHO, ) ): ss. 7tÚn/~dtWter4 County of Ada. 4.u..' .. . '/ íJ < CÆvJ un C< free On this t1f\á day of m~ ,20W before me, the undersigned, a Notary Public in and for saId tate, personally appeared ROnI:RT -D, COR.:UI: and WILLIAM G, BERG, JR., known to me to be th~ æ1d çJty, Clerk of the CITY of Meridian, Idaho, and who executed the within instru&è1r\~ri~1fu~Wfé(fged 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, .."." ~. N SA!. .. -,----~~.t.. :~/-;,o't~:;.,~\ ~hOAðYlSmÁ+h (SEAL) : í ì: NOTARY PUBLIC FOR IDAHO : \ ;: RESIDING AT: I1dACoIM~cJ.w ... \ br-1C/'o': MYCOMMISSIONEXPIRES:-Z -OS- . d'$5fJ"l>.';§.. Z:\WorklMlMeridianlMeridian .~i1Rit;merciai Complex RZ 03 OOllRZOrdinance.doc ....,- MALLANE COMMERCIAL COMPLEX SUBDIVISION (L-O AND CoG) RE-ZONE ORDINANCE / RZ-03-00 1 PAGE 4 OF 4 JV CAPITAL CHRISTIAN CENTER i S89°32'34"E 373.74' ANGEL PARK DEVELOPMENT ~ 1~lâ g¡:: z ~ I~I~ 0"1 0 N89°48'53"W 661.14' E FAIRVIEW I CURVE TABLE CURVE LENGTH RADIUS DELTA ANGLE CHORD DIRECTION CHORD C1 139.82 370.00 21°39'06" S49°35'29"E 138.99 C2 77.59 209.98 21°10'21" S49°21 '04"E 17.15 ORDINANCE NO.Og-¡023 MALLANE SUBDIVISION Section 5, T3N, R1E CITY OF MERIDIAN 660 E. WATERTOWER, SUITE 200 MERIDIAN, IDAHO 83642 SCALE:NTS Date: 4/23100 DRAWN BY:SJO CERTIFICATION OF THE CITY CLERK OF THE CITY OF MERIDIAN To: The Recorder, Auditor, Treasurer and Assessor of Ada County, and The State Tax Commission of the State ofIdaho I, WILLIAM G. BERG, JR., City Clerk, of the City of Meridian, Ada County, State of Idaho, do hereby certify that the attached copy of Ordinance No. 03- 1023 , passed by the City Council of the City of Meridian, on the 'ZD*'^ day of yY\~ ,2003, is a true and correct copy of the original of said document which is in the care, custody and control of the City Clerk of the City of Meridian. STATE OF IDAHO, ) : ss. County of Ada, ) On this 2-'2.Þcl. day of VVl f:X.A¿;' , in the year 2003, before me, 3h.axllYl ~+e. , a Notary Public, appeared WILLIAM G. BERG, JR., known or identified to me to be the City Clerk of the City of Meridian, Idaho that executed the said instrument, and acknowledged to me that he executed the same on behalf of the City of Meridian. (SEAL) .."'.. .!nN S-ð}. ~;"W:'iÃ';.-¿rJt. ..~/~.o '~:¡""~.. :r;:,,' \ ~ . : I . . . . . ~ \ " : . ' C / . .. ;",.J'riB\..~,~~.. ..~-1;';'----~~. ..'.e01' .. ....,- ~hOJl d(1~'#t Notary Public for Idaho Commission Expires: .1- 2'if-[6 Z:IWorklM\MeridianlMeridian 15360MlMaiiane Comme<cial Complex RZ 03 OOIICertificationOfClerkRZOrd.doc CERTIFICATION OF THE CITY CLERK - RZ-03-001