11-1471 AZ Macha Retail Plaza 09-003 (111006190)ADA COUNTY RECORDER Christopher D. Rich AMOUNT .00 t
BOISE IDAHO 01/19111 02:43 PM
DEPUTY Lisa Balt
RECORDED-REQUEST OF III IIII'~IIIIIII'll~ll'lllllllllll II
Meridian City i i 1006190
CITY OF MERIDIAN ORDINANCE NO. - ~~~
BY THE CITY COUNCIL: BIRD, HOAGLUN, ROUNTREE, ZAREMBA
AN ORDINANCE (AZ 09-003 MACHA RETAIL PLAZA) FOR ANNEXATION OF A
PORTION OF THE NORTHEAST 1/< OF THE NORTHEAST 1/4 OF SECTION 17,
TOWNSHIP 3 NORTH, RANGE 1 EAST, BOISE MERIDIAN, ADA COUNTY,
IDAHO, AS DESCRIBED IN ATTACHMENT "A" AND ANNEXING CERTAIN
LANDS AND TERRITORY, SITUATED IN ADA COUNTY, IDAHO, AND
ADJACENT AND CONTIGUOUS TO THE CORPORATE LIMITS OF THE CITY
OF MERIDIAN AS REQUESTED BY THE CITY OF MERIDIAN; ESTABLISHING
AND DETERMINING THE LAND USE ZONING CLASSIFICATION OF SAID
LANDS FROM R2 TO C-C {COMMUNITY BUSINESS 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 annexation and re-zoning by
the owner of said property, to-wit: Matthew Macha.
SECTION 2. That the above-described real property is hereby annexed and re-zoned from
R2 to C-C (Community Business District}, in the Meridian City Code.
SECTION 3. That the Ciry has authority pursuant to the laws of the State of Idaho, and the
Ordinances of the City of Meridian to annex and zone said property.
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 to annex and 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.
ANNEXATION - AZ 09-003 MACHA RETAIL PLAZA Page 1 of 3
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 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
day of , 20 jL.
APPROVED BY THE MAYOR OF THE CITY OF MERIDIAN, IDAHO, this
day of , 20~.
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MAYO MY de WEERD
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ANNEXATION - AZ 09-003 MACHA RETAIL PLAZA Page 2 of 3
STATE OF IDAHO, )
ss:
County of Ada )
On this ~ day of ,~~, ~, t , 20 t~ ,before me, the undersigned, a Notary Public
in and for said State, personally appeared TAMMY de WEERD and JAYCEE L. HOLMAN,
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.
,.....
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RESIDING AT: I~.,~e,r, ~ c~,~n l ~
MY COMMISSION EXPIRES: ~ c..n ~l ~ ~~y
ANNEXATION -- AZ 09-003 MACHA RETAIL PLAZA Page 3 of 3
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1595 South Shoshoee St. a Boise, Idaho a 83705 a 20&342-7957 a 208-342-7437 FAX
ANNEXATION DESCRIPTION
A PORTION OF THE NORTHEAST'/a OF THE NORTHEAST'/a OF SECTION 17,
TOWNSHIP 3 NORTH, RANGE 1 EAST, BOISE MERIDIAN,
ADA COUNTY, IDAHO
A Portion of The Northeast'/4 of the Northeast'/. of Section 17, Township 3 North,
Range 1 east, Boise Meridian, Ada County, Idaho, more particularly described as
follows;
COMMENCING at a found Brass Cap Monument marking the northeast comer of Section
17, from which a found Brass Cap Monument marking the North'/< Corner thereof bears
North 89°54'37" West, a distance of 2570.96 feet;
A. Thence along the northerly boundary of Section 17 (also the cen#er line of East
Franklin Road) North 89°54'37" West, a distance of 870.54 feet to its intersection
with the northerly projection of the common boundary of properties described i ;
Warranty Deed Instrument number 100070395 and Wan'anty Deed Instruma
number 104031045, the TRUE POINT OF BEGINNING;
thence along said projection and boundary, South 00°01'58" West, a
distance of 422.72 feet to a found 5/8 inch rebar with plastic cap stamped
"PLS 7729" marking its intersection with the northerly boundary of
Greenhill Estates No. 3; --
2. #hence along said northerly boundary, North 87°41'59" West, a dis#ance of
414.98 feet to a found 5/8 inch rebar with illegible cap (replaced with a
plastic cap stamped "FLSI PLS 7612") marking its intersection with the
easterly boundary of Greenhill Estates No. 2;
3. thence along said boundary and the common boundary of properties
described in Warranty Deed Instrument Number 7818788 and Warranty
Deed Instrument number 104031045, North 00°00'56" East, a distance of
406.71 feet to its intersection with the northerly boundary of Section 17 _~~,
(also the center line of East Franklin Road);
4. thence along said boundary and center line, South 89°54'37" East, a
distance of 414.78 feet to the TRUE POINT OF BEGINNING.
Containing 171,987 square feet (3.948 acres) more or less.
Refer to the attached sketch titled "ANNEXATION EXHIBIT `B'".
Any modification of this description shall render it void.
Fox Land Surveys, Inc.
Timothy.!. Fox, President, PLS 7612
END OF DESCRIPTION
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NOTICE AND PUBLISHED SUMMARY
OF ORDINANCE PURSUANT TO LC. § 50-901(A)
CITY OF MERTDTAN ORDINANCE NO. mil= ~ ~ ~ ~ y ~ ~
PROVIDING FOR ANNEXATTON AND ZONING ORDINANCE
An Ordinance of the City of Meridian granting annexation and zoning for a portion of the
Northeast % of the Northeast'/4 of Section 17, Township 3 North, Range 1 East, Boise Meridian,
Ada County, Idaho, more particularly described in Attachment "A". This parcel contains 3.948
acres more of less. Also, this parcel is SUBJECT TO all easements and rights-of way of record or
implied. As surveyed in attached exhibit "B" and is not based on an actual field survey. A full
text of this ordinance is available for inspection Hall, City of Meridian, 33 East Broadway
Avenue, Meridian, Idahoi` This ordinance~l~ecde- tive on the ~i'r' day of
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f e 'dian t~. ~ ~ _~ y ,~
Mayo ' d City Council ` ~. ~ ~~ ' ~ ~ ~ < ~ ~_,,.~~ ~~~
By: Jaycee L. Holman, City Clerk ~ ~ ~ ~,~ ~ '~`d~" .~` '
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First Reading: ~ `
Adopted after f rst eadi g by suspension of the Rule as allowed pursuant to Idaho Code 50-402:
YES~_ NO
Second Reading:
Third Reading:
STATEMENT OF MERIDIAN CTTY ATTORNEY AS TO ADEQUACY OF SUMMARY
OF ORDINANCE NO. 9~9-
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. 69=~~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 ~ day of w/ 20'~ ~.
William. L.M. Nary
City Attorney
ORDINANCE SUMMARY - AZ 09-003 MACHA RETAIL PLAZA