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03-1036 AZ Birchstone Creek 03-008 (103137118) ADA COUNTY RECORDER J. DAVID NAVARRO BOISE IDAHO OB/14103 12:32 PM DEPUTY Michelle Turner 111I REC.O~DED-REQUEST OF 111111111111111111111111111111111 Meridian CIIy 103137118 AMOUNT .00 -~ CITY OF MERIDIAN ORDINANCE NO, 03- fIJð ¡ AN ORDINANCE FINDING THAT, MARCIA A. BAIN TRUST AND MARICA A. BAIN AND DEL L. BAIN, OWNERS OF CERTAIN REAL PROPERTY GENERALLY LOCATED AT THE NORTHWEST CORNER OF USTICK ROAD AND BLACK CAT ROAD, MERIDIAN, IDAHO, TO BE KNOWN AS BIRCHSTONE CREEK SUBDIVISION AND WHICH LIES CONTIGUOUS OR ADJACENT TO THE CITY LIMITS OF THE CITY OF MERIDIAN, COUNTY OF ADA, STATE OF IDAHO; HAVE MADE A REQUEST FOR ANNEXATION IN WRITING TO THE COUNCIL; AND THAT SAID LAND BE ANNEXED TO THE CITY OF MERIDIAN AND ZONING DESIGNATED MEDIUM 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 owners of said Property, to-wit: A parcel ofland being a portion of the southeast Y. of the southeast Y. of Section 33, Township 4 North, Range I West, Boise Meridian, Ada County, Idaho, more particularly described as follows: ANNEXATION AND ZONING ORDINANCE (AZ-03-008) PAGE I OF 4 COMMENCING at the southwest comer ofsaid southeast Y. ofthe southeast Y. of Section 33, marked by a brass cap; Thence N 00°16'08" E 61.41 feet coincident with the west line of said southeast Y. of the southeast Y. of Section 33; Thence N'88°56'00" E. 50.00 feet to the easterly line of the Eight Mile Lateral as described in that certain warranty deed recorded as Instrument No. 32095 to the POINT OF BEGINNING a 5/8" rebar PLS 5461; Thence N 00°16'08" W (formerly North) parallel to and 50.00 feet east of said west line of the southeast Y. of the southeast Y. 1253.86 feet (formerly 1248.8 feet) to a point on , the north line of said southeast Y. of the southeast Y. a 5/8" rebar PLS 5461; Thence N 89°57'08" E coincident with the north line of said southeast Y. of the southeast Y. 1268.77 feet to the northeast comer of said southeast If. of the southeast Y. a 5/8" rebar; Thence S 00°17'12" E coincident with the east line of said southeast Y. of the southeast Y. 1316.04 feet to the southeast comer of said Section 33 a 3-inch brass cap; Thence S 89°56'56" W coincident with the south line of said southeast Y. of the southeast Y. 661.55 feet to a point; Thence N 00°37'56" E (formerlyN 00°37'50" E) 215.00 feet to a 5/8" rebar PLS 5461; Thence S 89°56'56" W (formerly S 89°56'20" W) parallel with the south line of said southeast Y. of the southeast Y. 229.00 feet a 5/8" rebar PLS 5461; Thence S 00°37'56" W (formerly S 00°37'50" W) 146.02 feet a 5/8" rebar PLS 5461; Thence S 88°56'00" W (formerly S 88°56" W) 379.74 feet to the POINT OF BEGINNING. The parcel above described contains 36.64 acres, more or less. Together with and subject to covenants, easements, and restrictions of record. Neither transfer of title nor creation of new property lines is intended as a result of this legal description. 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). ANNEXATION AND ZONING ORDINANCE (AZ-03-008) PAGE 2 OF 4 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: All ordinances, resolutions, orders or parts thereofin conflict herewith are hereby repealed, rescinded and annulled. SECTION 6: This ordinance shall be in full force and effect from and after its passage, approval and publication, according to law. SECTION 7: The 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 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 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 ofIdaho, all in compliance with Idaho Code §63-2215 and §50-223. ANNEXATION AND ZONING ORDINANCE (AZ-03-008) PAGE 3 OF 4 ! -II- PASSED BY THE COUNCIL OF THE CITY OF MERIDIAN, IDAHO, this 2- - day of ~CUlS t- , 2003, - (/ #t. APPROVED BY THE MAYOR OF THE CITY OF MERIDIAN, IDAHO, this 1 Z - day of ~ðf ,2003, - ~. :::; ~ OR STATE OF IDAHO,) : ss. County of Ada On this~day of A!A%VlSl ,2003, before me, the undersigned, a Notary Public in and for said State, personally appeared ROBERT D. CORRIE 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.wi.ttçn. ~.. NS'.. ~ ~ . ,----.{Ij . . . ... ,/o'f~;:{~.. brlY)( )"rk -tt~ (SEAL) :r;:,/ .::; '1'-:. NOTARY PUBLIC FOR IDAHO : \ ,): RESIDING AT: Ad",Ùwvrt;j JJ ~ '\ A--.C /.: MY COMMISSION EXPIRES: Q-2S'-OS .. ,d'i~~.'!:!'1~\':;.'~~.. Z:\Work\M\MeridianlMeridian 15r~ Sub AZ 03 008 PP 03 008\AZOrd.doc ""'... ANNEXATION AND ZONING ORDINANCE (AZ-03-008) PAGE 4 OF 4 co... W USTICK RD N89'57'08"E 1268.77' .88"56'00" 50'" S89'56'56'W 661.55' I" ~ p LINE TABLE LINE LENGTH BEARING L1 215.00 NOO'37'56"E L2 229.00 S89'56'56"W L3 146.02 SOO'37'56"W rn ~'I~¡ ~¡;;¡ -. ni 33 0 ~ ¡¡ ~ z SCALE:NTS Date: 8/6103 ff ORDINANCE NO.tì5-1t?361 Birchstone Creek Subdivision Section 33, T4N, R1W CITY OF MERIDIAN 660 E. WATERTOWER, SUITE 200 MERIDIAN, IDAHO83642 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 of Idaho 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- It? $6 , passed by the City Council of the City of Meridian, on the 12 r~ day of IJuC¡U t- ,2003, is a true and correct copy of the original of said document which is in the care/6'ustody and control of~'@~"'I' Clerk of the City of Meridian. ,""~I 01" Mcl'?lO/"'" " :\ -- '-1. " ~' à o'\f'o~l', 1- ~ '" -~v "ò ~ g" ~ STATE OF IDAHO, ) : ss. County of Ada, ) On this 1'3¥' day of AlÆS«s-t , in the year 2.00:"', before me, ß Vw/( (JÝ] S rvu:. ~ , 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) ~...NS"J;.. ... /-:rÃ"h'%'X. .. /~o --"'::¡""4-.. :r;:,: \ ':. . : , . . t , . ':. \ :: .. ~" foB!.:i.C~~'" ...~1iöïííi1t'o° .......' ~ h(,\ÆU'í) ß m:C +h.J Notary Public for Idaho Commission Expires: 4-2'X-o5 Z:\Work\M\Meridian\Meridian 15360M\Birchsrone Creek Sub AZ 03008 PP 03 008'CertificationOfClerkOrd.doc CERTIFICATION OF THE CITY CLERK OF THE CITY OF MERIDIAN AZ-03-008 PAGE 1 of I