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11-1480 AZ The Shops at Victory 08-007CITY OF MERIDIAN ORDINANCE N0. BY THE CITY COUNCIL: BIRD, HOAGLUN, ROUNTREE, ZAREMBA AN ORDINANCE (AZ 08-007 SHOPS AT VICTORY) FOR ANNEXATION OF A PORTION OF LAND SITUATED IN A PORTION OF THE NORTHWEST ONE QUARTER OF THE NORTHWEST ONE QUARTER OF SECTION 28, 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 RUT IN ADA COUNTY 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" are 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: DMG-Eagle & Victory, LLC. SECTION 2. That the above-described real property is hereby annexed and re-zoned from RUT in Ada County to C-C (Community Business District), in the Meridian City Code. SECTION 3. That the City 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 -SHOPS AT VICTORY (AZ 08-007) 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 All ordinances, resolutions, orders or parts thereof in conflict herewith are hereby repealed, rescinded and annulled.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 , 2011. APPROVED BY THE MAYOR OF THE CITY OF MERIDIAN, IDAHO, this day of , 2011. MAYOR TAMMY de VVEERD ATTEST: JAYCEE L. HOLMAN, CITY CLERK ANNEXATION -SHOPS AT VICTORY (AZ 08-007) Page 2 of 3 STATE OF IDAHO, ) ss: County of Ada ) On this day of , 2011, 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. (SEAL) NOTARY PUBLIC FOR IDAHO RESIDING AT: MY COMMISSION EXPIRES: ANNEXATION -SHOPS AT VICTORY (AZ 08-007) Page 3 of 3 ~ '.~ ~~ THE LAND GROU~~ INC. larch 14, 2008 phroject No. d?16? Anrsearation and Rezone DMO ~ P~tntr$ 4.79 Acres F~ibtt "A" A tr~uc# of land for ar~ex~tion and mane pal situated in a portion afthe Nmthwe~ Qns Qur ofthe Narthwr~t Q»,e Quarter of Section 28, ~'own$Itip 3 Nord, R~gc 1 Bast, I3oisc Meridian, Ada Cou~y, Idaho, described as follows; ~, ,.~ , BBOIl11~~t a foitn~ brass cap mo~menti~ng the Northwest Comer of said Seedon 28 on tht imtersec~ic~n afthe ccntexline ofBast'Victory Road and the ccaterli~ of South Bsgle Road; Thence following the northerly ~ftlae Northwest One Quart~ofsaid Section 28 add the cline of acid Bast Viy Road, South 8~°33'51" Bast a dist~aoe of534.~ feet to a point, which bears North $~°3S'SI" West adistsnce of 2,I2?.0S fret fra~m a found bass cap maaum tho North One Quaxter Garner of ~tid Section Z8; Trace leaving said ~aortha~ly line and said Centarlinc,South 00°31'I72" west a di$t~ce of ZQa,44 feet to a found 112-inah I pin; Thence South 18°Ig'S2" West a distanca of I38.7Z felt to a sat S18-inch steel pin; Thames Narth 89°35' S l"'Ufte~tt a dicta of 24S.S7 feet to a set 51$-inch steel pin; 7'he~ee South Il6°26'a~" 1~'est a dis~nc~ of I~3.83 feet to sect SI8-ir~~t steel pin; T~n-ce North 89°31' 13' west a dunce of 90.01 feet to aset518-inch steel pin; fihence ~ 00°31'02" Vest a distance of 73.7'S feot t4 a set Sl8-inch steel pin; Thence North 8+9°31'13"'W~~t a diist~,ce of 9,85 feet to a s~ S~8-inch steel pin on ~ oastertyright-of-wny tine af,said South F~ag1e Road; Thane falg said easterly rigi~t~of-way, Saath x°28' 1 I'~ y~est a d~tanco of 34,8 Poet to a set 5/8~inch s~ pin; 'ice fOug $aid easterlyright-of-way, North 3Q°43'46" west a distance of X9.53 feet to a s~ 3l8~inch sal pin; Thdtoe leg s~rid easy ri~tt-of-way , North 89°3I'4S" west a distance of 33,E feet to a point on the we~erly line of said Se~ctio~a 28 and ~ c~atte~rline of said South Bagle Road; Thence foilowfag said westerly Iiuc sand sand centearline, Noah QO'028'l I" t a ~isb~nce of 518.12 feet to the PUINT OF BBC~IN~1N0. l ~~r + Sir Pb • ~rir'!~ • ~r ~ ~ B,~ • Grin Ci~wr a~ ~ Dn~, $oe. 100, Fes, Idaho ~f6 • n ~,Q39.~04! P'o~.939.4445 ~ ~o~ ~ ~ s~~ ~r.1~00710~t6y~Adcu~`Ix~1L 07167 0~3i4-~uro~l~„~~~ex~,,d~c ~~ ~ r i A 1 TH6 L,1~11D ~iRDilP~ INS. , ~e above-described tract o~`lar~d +~oins 4.7'9 acres mare or lei, ~ubjoct to a~I ~ci~ing eenta and righ~of~way. descrlp~io~ is intended for annexation purposes only and sl~ll nat be used far purpose of conveyance. ., .; ' ..~ , ~a ~y. ~ ~ ~~avP, ~v~. a~ ~. s~a~ Dom, s~.r~ ~av ~#GL~, IDA-~~ 83~f ~ /208-4/39-041 MY Val.// -~ f'7~ ~~~ ,,..1~ 4b2 & S~Ote ~m~, Sx. IOQ, B~ ~c~ho 83b1b r I' ~,g39.4Q4i F ~0~-939.44i~i r ~ ~ G;1~00710~I67~dm~nlL~b1~07tb"! o~03t+4,~l~ucdA_~o~,doc 3•n•e8 Situated in a potion of tt~ iVar~wast 1J4 of the Northwest 1~4 ~f S~c~or~ 28, Township 3 Noah, Range ~ fast, B.M,, Ada County, ~daha FOUNC MASS CAP NAY CORD SECTI~V Z~ C.P,~,No, 94OOZ9a8 ~ FOUL SASS CAP N ~ f 4 CQRNER SCC~I~i 28 E. ~ICTt31~Y ~,QA~ PAR CP~F Noy 97~D39O7 ~ 2f N89'35'S1 ~W 530.~~" ~1 ?~ 28 Z8 . ~~ ` ~ ~ S8~'35'S1 ~~ " $ , t ; ~ y ~ ~1 ~1.~5 ~' 511~8~~307~ `~ ~: CURRENT ~A~C D~SC'~~ RCI~ "' ~ ~ , . ~ . ~ ~ PR~P~D TALC ~~': C-C N N °~ I~'~ ~ ,~ 4,~AC. w ~ ~. ~~' GO~DBNBA~L~B ,~~ ~ ~BSZ`A~'ES ~~ °~ ~ ~ ~ ~ ~ ~~ ~ "~ ~ ' ' , ~ ! M ~8~ ~~ ~~ w ~ ~~5.57 N89"31'13~1~ ' ~° "~ ~ ~ ~ ~~ 94. a1 ~ a ~o~~~t~~ ~ ~' ~ • ~ ' ~ ~ ~ ~~ x~ ~~.~V ~ ~s~'~x~s ~ ~ ~~ ~~ Yl . ~ ' u ~ ! N ~ ~~ ~~ ~ ~~ 1 " ~ 8931 13 9~ ~5 ~ 73.75 L. ~- ~ ' . . ~ SO'2811 W Le end • ~j NOTICE AND PUBLISHED SUMMARY OF ORDINANCE PURSUANT TO I.C. § 50-901(A) CITY OF MERIDIAN ORDINANCE N0.11- PROVIDINGFOR ANNEXATION AND ZONING ORDINANCE An Ordinance of the City of Meridian granting annexation and zoning for a portion of the Northwest One Quarter of the Northwest One Quarter of Section 28, Township 3 North, Range 1 East, Boise Meridian, Ada County, Idaho. This parcel contains 4.79 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 at City Hall, City of Meridian, 33 East Broadway Avenue, Meridian, Idaho. This ordinance shall become effective on the day of , 2011. City of Meridian Mayor and City Council By: Jaycee L. Holman, City Clerk First Reading: Adopted after first reading by suspension of the Rule as allowed pursuant to Idaho Code §50-902: YES NO Second Reading: Third Reading: STATEMENT OF MERIDIAN CITY ATTORNEY AS TO ADEQUACY OF SUMMARY OF ORDINANCE NO. 11- 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. 11- 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 , 2011. William. L.M. Nary City Attorney ORDINANCE SUMMARY -SHOPS AT VICTORY (AZ 08-007)