03-1033 AZ Bear Creek Kodiak 99-010 (103137114)
i ~~~i~~fJó ~~~~~~E~2~32D~~D NAVARRO
DEPUTY Michelle Turner
:~~i~ra~Eg~REQUEST OF 1111111111111111111111111111111111111
AMOUNT .00 103137114
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CITY OF MERIDIAN
ORDINANCE NO, 03-.li! ? 3
AN ORDINANCE FINDING THAT CERTAIN LAND TO BE PART OF BEAR CREEK
SUBDNISION, AND THAT BEAR CREEK, LLC ARE OWNERS OF CERTAIN REAL PROPERTY
LOCATED AT 2435 SOUTH MERIDIAN ROAD WHICH LIES CONTIGUOUS OR ADJACENT TO
THE CITY LIMITS OF THE CITY OF MERIDIAN, COUNTY OF ADA, STATE OF IDAHO; AND
FINDING THAT THE OWNER HAS MADE A REQUEST FOR ANNEXATION IN WRITING TO
THE COUNCIL; AND THAT SAID LAND BE ANNEXED TO THE CITY OF MERIDIAN AND
ZONING DESIGNATED MEDillM DENSITY RESIDENTIAL DISTRICT (R-8); AND DECLARING
THAT SAID LAND, BY PROPER LEGAL DESCRIPTION AS DESCRIBED BELOW, BE A PART
OF THE CITY OF MERIDIAN, COUNTY OF ADA, STATE OF IDAHO; REPEALING ALL
ORDINANCES, RESOLUTIONS, ORDERS OR PARTS THEREOF IN CONFLICT HEREWITH;
AND DIRECTING THE CITY ENGINEER TO ADD SAID PROPERTY TO THE OFFICIAL MAPS
OF THE CITY OF MERIDIAN, IDAHO; AND DIRECTING THE CLERK OF THE CITY OF
MERIDIAN TO FILE A CERTIFIED COpy OF THE ORDINANCE AND MAP OF THE AREAS TO
BE ANNEXED WITH ADA COUNTY RECORDER, AUDITOR, TREASURER AND ASSESSOR,
AND THE STATE TAX COMMISSION OF THE STATE OF IDAHO, PURSUANT TO IDAHO
CODE SECTION 50-223 AND SECTION 63-2215.
BE IT ORDAINED BY THE MAYOR AND THE COUNCIL OF THE CITY OF
MERIDIAN, COUNTY OF ADA, STATE OF IDAHO:
SECTION 1. FINDINGS: That the following described land is contiguous and
adjacent to the City of Meridian, Idaho, and that the City of Meridian has received a written request for
annexation to the City of Meridian, Idaho, by the owner of said Property to-wit:
A parcel ofland located in the NE Y. of the SE Y. of Section 24, Township 3 North, Range I
West of the Boise Meridian, Meridian, Ada County, Idaho, being more particularly described as
follows:
ANNEXATION AND ZONING ORDINANCE (tka Kodiak Development - AZ-00-026)
NOW FOR BEAR CREEK, LLC AZ-99-010
PAGE I OF 5
COMMENCING at the northeast comer of the SE Y. (East y..comer) of Section 24, T.3N., R.
I W., B.M., thence N 89°27'07" W 65.00 feet along the north line of said SE Y. to a point on the
westerly right of way of the Kuna-Meridian Highway;
Thence S 00°39'02" W 185.77 feet along said right of way to a point;
Thence N 87°08'00" W 32.35 feet to a point;
Thence N 89°27'12" W 395.98 feet to the REAL POINT OF BEGINNING of this description;
Thence N 89°27' 12" W 821.92 feet to a point on the west line of the NE 'I. of the SE y.;
Thence S 00°45' 52" W 95.51 feet along said west line to a point;
Thence S 89°27'07" E 779.42 feet to a point;
Thence N 24°42'55" E 104.71 feet to the REAL POINT OF BEGINNING of this description.
This parcel contains 1.756 acres, more or less.
EXCEPT:
A parcel ofland located in the NE Y. of the SE Y. of Section 24, Township 3 North, Range I
West of the Boise Meridian, Meridian, Ada County, Idaho, being more particularly described
as follows:
Commencing at the northeast comer of the SE Y. (East Y. comer) of Section 24, T.3N.,
R.1 W., B.M., thence N 89°27'07" W 65.00 feet along the north line of said SE 1/4 to a point
on the westerly right of way of the Kuna-Meridian Highway, the REAL POINT OF
BEGINNING of this description;
Thence S 00°39'02" W 185.77 feet along said right of way to a point;
Thence N 87°08'00" W 32.35 feet to a point;
Thence N 89°27' 12" W 395.98 feet to a point;
Thence N 24°42'55" E 9.61 feet to a point;
Thence N 48°33 '22" E 243.90 feet to a point;
ANNEXATION AND ZONING ORDINANCE (fka Kodiak Development - AZ-00-026)
NOW FOR BEAR CREEK, LLC AZ-99-0 I 0
PAGE 2 OF 5
Thence N 85°28'57" E 141.94 feet to a point on the north line of said SE y.;
Thence S 89°27'07" E 102.05 feet to the REAL POINT OF BEGINNING of this description.
This parcel contains 1.387 acres, more or less.
SECTION 2: That the above-described real property be, and the same is hereby annexed
and made a part of the City of Meridian, Ada County, Idaho.
SECTION 3: That the real property herein by this ordinance annexed to the City of
Meridian hereinabove described shall be zoned Medium Density Residential District (R-8).
SECTION 4: That the City Engineer is hereby directed to alter all use and area maps as
well as the official zoning maps, comprehensive plan and all official maps depicting the boundaries of
the City of Meridian in accordance with this ordinance.
SECTION 5: The zoning designation set forth in Section 3 of this ordinance is subject
to the terms and conditions of that certain Development Agreement by and between the City of Meridian
and the owner of the land described in Section I dated the 51f::: day of ~J'.f , :)00:1,
and that the uses are to be developed under the planned unit development process and conditional use
permit process.
SECTION 6: All ordinances, resolutions, orders or parts thereofin 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)
ANNEXATION AND ZONING ORDINANCE (fka Kodiak Development - AZ-00-026)
NOW FORBEAR CREEK, LLC AZ-99-010
PAGE 3 OF 5
days following the effective date of this ordinance, duly file a certified copy of this ordinance and a map
prepared in a draftsman manner plainly and clearly designating the boundaries of the City of Meridian,
including the lands herein annexed, with the following officials of the 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 of Idaho, all in compliance with
Idaho Code §63-2215 and §50-223,
PASSED BY THE COUNCIL OF THE CITY OF MERIDIAN, IDAHO, this f;~ day of
~I- ,2003. -
~B BY THE MAYOR OF THE CITY OF MERIDIAN, IDAHO, lb. 9" "Y"
f l- , 2003,
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ANNEXATION AND ZONING ORDINANCE (fka Kodiak Development - AZ-00-026)
NOW FOR BEAR CREEK, LLC AZ-99-0 I 0
PAGE 4 OF 5
STATE OF IDAHO, )
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On this f\~ day of .A1Al)¡U~ , 2003, before me the undersigned, a
Notary Public in and for said State, personally appeared and WILLIAM G.
BERG, JR., known to me to be)hp.~~çJ.Çi):):,ÇIS!k, respectively, of the CITY of Meridian, Idaho,
and who executed the within i~iW;~l('alih'Õ'Wi~dged to me that the City of Meridian executed the
same.
County of Ada.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the
day and year first above written.
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ANNEXATION AND ZONING ORDINANCE (fka Kodiak Development - AZ-OO-026)
NOW FOR BEAR CREEK, LLC AZ-99-010
PAGE 5 OF 5
LINE TABLE
LINE LENGTH BEARING
L1 70.00 S89"59'45"E
L2 191.70 S02"00'09'W
L3 131.39 N89"04'23"W
L4 32,96 N86"18'31'W
L5 40.10 N45"55'40"E
N89"09'01"W
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ORDINANCE NO. 03-(03'3
Kodiak Subdivision
Section 24, T3N, R1W & Section 19, T3N, R1E
CITY OF MERIDIAN
660 E. WATERTOWER, SUITE 200
MERIDIAN,IDAHO83642
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SCALE:NTS
Date: 613OJW
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- !tJ5'3 ,passed by the
City Council of the City of Meridian, on the S~ day of &~J E ,2003, is a true and
correct copy of the original of said document which is in the care, ustody and control of the City
Clerk of the City of Meridian. ,"\\"'~'~:~"""III
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STATE OF IDAHO, )
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County of Ada,
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On this ~ day of Jr{,(~t(~t , in the year 2ðv3, before me,
$l1lJ.nn S/I1.A.'t:h. , 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.
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CERTIFICATION OF THE CITY CLERK OF THE CITY OF MERIDIAN
BEAR CREEK, LLC AZ-99-010 fIca KODIAK DEVELOPMENT
PAGE I of!
'For'I1íe Peopfe of I laflO I
September 23, 2003
8110 Pack Blv<1., Plm IV ' Bo;,'-'O ' "-'722
Sharon Smith
Deputy City Clerk
33 East Idaho
Meridian, ID 83642
RECEIVED
OCT 0 3 2003
Subject: Ordinance No, Ord. 03-1033 MERIDIAN (CITY)
City Of Meridian
City Clerk Office
Dear Ms. Smith:
The Tax Commission has received and reviewed the above referenced action. This review cannot be completed because it
does not comply with legal description and mapping requirements.
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Legal description does not match map.
This annexation does not meet the requirements of Idaho Code. 63-215 or IDAPA 35.01.03.225.03 listed below, The
following citations list and define the required actions:
1.
Idaho Cod~ 63-215 requires:
a. A copy of the legal description designating the boundaries,
b. A map, prepared in a draftsman iike manner, which plainly and clearly designates the boundaries, and
c. Both the legal description and map must be submitted to the Tax Commission within ten (10) days of the effective
date of the annexation.
2.
IDAPA 35.01.03.225.03 defines a legal description to be a definite boundary which:
a. Is described by metes and bounds,
b. Can be mapped on a tax code area map, and
c, Includes
I. Section, Township, Range, and Meridian,
ii. An initial point,
iii. A true point of beginning, and
iv, A closure accuracy of at least one (1) part in five thousand (5,000)
IDAPA 35.01.03.225.04 defines a map prepared in a draftsman like manner as "an original graphic
representation or precise copy matching the accompanying legal description and drafted to scale using standard
mechanical drawing'instruments-or a computer."
3.
Before this annexation can be processed for the 2004 year, the discrepancies listed need to be corrected. Thank you for your
attention to the required legal descriptions and mapping requirements. If you have any questions, please call me at (208)
334-7750.
Sincer ~
eff Se atius
GIS Manager
Technical Support Bureau, Idaho State Tax Commission
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CC:
Robert McQuade, Ada County Assessor
Dave Navarro, Ada County Clerk
Equal Opportunity Employer
Hearing Impaired Caller> TOO 1.800-377-3529
'[or%. <J'<opfe of Mar",
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RECEIVED
DEC 24 2003
8<10 P.,k B]vd., P]",]V . Bo;".]O . H3722
City of Meridian
City Clerk Office
December 19, 2003
Sharon Smith
Deputy City Clerk
33 East Idaho
Meridian, ID 83642
Subject: Ord. 03-1033
---- -------~.--._------ --~-~-- ---~ ----~----
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Dear Ms. Smith:
This letter is to inform you that we are rapidly approaching the deadline for accepting, and
processing, Tax Code Area Boundary changes for the year 2004,
To date, our records indicate that the above referenced action has been received and reviewed by
the Idaho State Tax Commission (ISTC) during 2003, for the tax year 2004. However, the review
and approval action cannot be completed because it does not comply with legal description and/or
mapping requirements, as notified in a prior correspondence,
Unless the ISTC receives the previously requested information, this action will not be processed and
included on the year Tax Code Area maps, Subsequently, the district will not receive property taxes
for this area,
Any action correcting this Ordinance must be signed by December 31, and received by the ISTC by
January 9, 2004. Upon timely receipt of the required information, processing will be resumed, If
the ordinance is approved, the changes will appear on the year Tax Code Area maps.
If you have further concerns or questions, please call Craig Johnson or myself at (208) 33'F7750.
Sincerely,
cÞ:lÇ~~
Jeff Servatius
GIS Manager
Technical Support Bureau
Idaho State Tax Commission
Equal Opportunity Employer
Hearing Imp,ired Caller< TDD 1-800-377-3529