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04-1062 AZ Highgate Sub 03-019 (104005296) ADA CDUNTY RECDRDER J. DAVID NAVARRO BOISE IDAHO 01/16/04 09:38 AM DEPUTY Bonnie Oberbillig ~~~i~ra~Eg¡yREaUEST OF 1111111111111111111111111111111111111 ~~OUNT .00 104005296 CITY OF MERIDIAN ORDINANCE NO. ø:¡" tJ4 - (¿;¡ 62..- AN ORDINANCE FINDING THAT, EAGLE SPRINGS INVESTMENTS, LLC, THE OWNER OF CERTAIN REAL PROPERTY GENERALLY LOCATED ON THE EAST SIDE OF MERIDIAN ROAD, APPROXIMA TEL Y Y. MILE SOUTH OF US TICK ROAD, MERIDIAN, IDAHO, TO BE KNOWN AS HIGHGA TE 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: ANNEXATION AND ZONING ORDINANCE (AZ-O3-019) PAGE 1 OF 5 ANNEXATION DESCRIPTION FOR PROPOSED HIGHGATE SUBDIVISION A parcel ofland located in Government Lots 4 and 5 of Section 6, T.3N., R.IE., B.M., Ada County, Idaho, more particularly described as follows: Commencing at the northwest comer of said Section 6, from which the Y. comer common to Section 1 ofT.3N., R.l W., and the said Section 6 bears South 00°17'16" West, 2658.29 feet; thence South 00°17'16" West, 1329.19 feet to the southwest comer of said Government Lot 4 and the REAL POINT OF BEGINNING; Thence along the South line of said Lot 4 North 89°43 '38" East, 411.39 feet to a point in the remnants of an old farm ditch; thence along said ditch North 1°13'23" West, 307.00 feet to a point in the center of the Onweiler Lateral (formerly described as the Ridenbaugh Canal); thence along the center of said canal the following courses and distances; South 68°19'06" East, 48.68 feet; South 85°39'01" East, 72.50 feet; North 88°07'00" East, 67.45 feet; North 80°27'34" East, 80.49 feet; North 63°05'39" East, 54.14 feet; North 44°05' 12" East, 70.58 feet; North 32°55'12" East, 131.51 feet; North 44°42' 12" East, 53.40 feet; North 51 °02' 12" East, 216.80 feet; ANNEXATION AND ZONING ORDINANCE (AZ-O3-0l9) PAGE 2 OF 5 North 83°13'00" East, 50.92 feet to a point on the East line of said Lot 4 and the West line of Bedford Place Subdivision, as same is recorded in Book 70 of Plats at Page 7162, records of Ada County, Idaho; thence along said line South 00°19'02" West, 661.67 feetto the southwest comer of said Bedford Place Subdivision; thence along the South line of said Government Lot 4 South 89°43'38" West, 39.70 feet to a point in the center of a drain ditch; thence along said ditch South 35°30' 12" West, 258.83 feet; thence South 53°44'51" West, 493.59 feet; thence departing said ditch South 89°43'38" West, 505.50 feet to a point on the centerline of Meridian Road, being also a point on the West line of afore said Government lot 5; thence along said centerline and said West line North 00°17'16" East, 500.00 feet to the Point of Beginning. Containing 16.00 acres, more or less. 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 ofthat certain Development Agreement by and between the City of Meridian and .¡¡... ~. 2-0°1- the owner of the land described in Section 1 dated the ~ day of ..Jaltt«vl..:J ,~ and that ANNEXATION AND ZONING ORDINANCE (AZ-O3-0l9) PAGE 3 OF 5 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 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 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-O3-0l9) PAGE 4 OF 5 PASSED BY THE COUNCIL OF THE CITY OF MERIDIAN, IDAHO, this 6f!:: day of Ja,,~ ' !fI652oo4-. - APPROVED BY THE MAYOR OF THE CITY OF MERIDIAN, IDAHO, this G..f+o day of Jc:vr..u..fM-j ,~2t'o4-- - ~" ATTEST: ~#~( £:- CITY CLERK First Reading: 1- 6 - 04- 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. County of Ada) .¡.I... I ZD04- On this ~ day of ~""4r 0/ ,~, before me, the undersigned, a Notary Public in and for said State, personally appeared ROBERT D. CORRIE arid 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 written. ""11""'", -" ~Ci. L. 811~ r ¡.'(;~t:;~ ..... """';.\ . (SEAL)! ~OTl,It--::-t '\ N A PUBLIC FOR IDAHO : * -.- \ * : S ING AT: Mertl,'Q~ i ÞIJ ~c i MYCOMMISSIONEXPIRES:~7 'fJ> BL II z:\WOrklMlM':~)hw. Sub. AZ-O3.()19 PP'()3'()23 CUp.O3-039\AWrd.doc """,'JJ OF 1~~.."" -............, ANNEXATION AND ZONING ORDINANCE (AZ-O3-019) PAGE 5 OF 5 E USTICK RD JV ISION NO.2 N89°43'38"E 411.39' LINE TABLE LINE LENGTH BEARING L1 48.68 S68'19'06"E L2 72.50 S85°39'01"E L3 67.45 N88°07'00"E L4 80.49 N80o27'34"E L5 54.14 N63°05'39"E L6 70.58 N44°05'12"E L7 131.51 N32'55'12"E L8 53.40 N44°42'12"E L9 216.80 N51°02'12"E L10 50.92 N83'13'00"E L 11 39.70 S89'43'38"W 3DIVISION ml~ z ORDINANCE NO. tJ1--(o62- HIGHGATE SUBDIVISION Section 6, T3N, R1E CITY OF MERIDIAN 660 E. WATERTOWER, SUITE 200 MERIOIAN, IOAHO63642 SCALE:NTS Oat.: 11/10103 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. fß()f-( I? (, l. , passed by the City Council of the City of Meridian, on the G'ð day of JanlA..f.V'-'1 , ~ is a true and correct copy of the original of said document which is in the care, custody and &i'ntol of the City I k f h . f .d' ,,1111""""1 C er 0 t e City 0 Men Ian. \\\\1101" M"'" IIII1 .;:,' _I oor(!^ II, " "'.,. 'UL,., 'I ~ '\..' -JA. ~ '" C; r:Ffi\POR~~(; ." ~ f ~ c \ STATE OF IDAHO, ) : ss. County of Ada, .(-/I...J Z-+- On this ~ day of 4""""'¥ ' in the year~, before me, ..J<O\.; ~<t. /..... S...rlh.. , 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) """""'" ~~~';'\CE L "'44 ~"""?;:.. ...~ J'+. '...~ ,7 ". ~ ~ ¡*k:~OT-'lLJ ....~\ \~~ ÞCf::~:) ~1 ., )0, ¿~. 11 Op ID"t' ........ od:z.ol117 , I Z:\WorkIM\MeridianlMeridian 1 5360MIHighgate Sub. AZ-O3'()19 PP'()3'()23 CUP-O3-039\CertificationOfClerkOrd.doc CERTIFICATION OF THE CITY CLERK OF THE CITY OF MERIDIAN AZ-O3-019 PAGE 1 OF I WHITE PETERSON WHITE, PETERSON, MORROW, GIGRA Y, ROSSMAN, NYE & ROSSMAN, P.A. KEvJN E. DINIUS JuL," KLEIN FiSCHER WM.F.GIGRAY,1ll T. Guv HALLAM' JILL HOLINKA JILLHoLINKA D. SAMUEL JOHNSON WILLIAM A. MORROW WILLIAM F. NICHOLS' CHRISTOPHER S. NY> PHiLIPAl'IITERsON ERICAS.PHlLLIPS ERIC S. ROSSMAN rODO A ROSSMAN fERRENCER. WInTE" NICHOLAS L. WOLLEN AITORNEYS AT lAw NAMPAOFFICE 5700 ~ FRANKLIN RD., SUTŒ200 NAMPA, IDAHO 83653-8402 TEL. (208) 466-9272 FAX (20') 466-4405 5700 ~ FiWIKLIN RD., SUTŒ200 NAMPA, IDAHO 83653-'402 TEL (20') 466-9272 FAX (20') 466-4405 PLEASE REPLY TO NAMPAOmCE 'AJ.oadmitt,d" OR "Abo admitt,d;n WA October 20, 2003 William G. Berg, Jr. City of Meridian 33 E. Idaho Meridian, Idaho 83642 Ordinance No. ~/.:762;(EAGLE SPRINGS INVESTMENTS, LLC) Summary of Publication Re: Dear Will: Pursuant to the direction of the Meridian City Council, this office has prepared a summarization of the ordinance providing for an annexation and zoning ordinance for Eagle Springs Investments, LLC, pursuant to the City's action. I do hereby advise the City, and make this statement, that said summary is true and complete and provides adequate notice to the public of the provisions of said ordinance. You are hereby directed to file this statement with the ordinance, pursuant to the provisions ofIdaho Code § 50-90I(A). Enclosure Z:\Work\M\MeridianIMeridian 15360M6ighgate Sub. AZ-03<J19 PP<J3-023 CUP-03-039\Berg Sum Ord I1r 10 20 03.dœ NOTICE AND PUBLISHED SUMMARY OF ORDINANCE PURSUANT TO I.C. § 50-901(A) CITY OF MERIDIAN ORDINANCE NO.1J3.. M- /p6Z PROVIDING FOR AN ANNEXATION AND ZONING ORDINANCE An Ordinance of the City of Meridian granting annexation and zoning for land owned by Eagle Springs Investments, LLC, to be known as Highgate Subdivision, consisting of 16.00 acres and commonly located on the east side of Meridian Road, approximately Y. mile south of Us tick Road, Meridian, Idaho, with a zoning designation of R-8 Medium Density Residential; and providing for effect of invalidity; providing that all ordinances and resolutions in conflict are repealed and rescinded; and providing an effective date. Legal Description A parcel ofland located in Government Lots 4 and 5 of Section 6, T.3N., R.lE., B.M., Ada County, Idaho, more particularly described as follows: Commencing at the northwest comer of said Section 6, from which the Y. comer common to Section 1 of T.3N., R.IW., and the said Section 6 bears South 00°17'16" West, 2658.29 feet; thence South 00°17'16" West, 1329.19 feet to the southwest comer of said Government Lot 4 and the REAL POINT OF BEGINNING; Thence along the South line of said Lot 4 North 89°43'38" East, 411.39 feet to a point in the remnants of an old farm ditch; thence along said ditch North 1°13'23" West, 307.00 feet to a point in the center of the Onweiler Lateral (formerly described as the Ridenbaugh Canal); thence along the center of said canal the following courses and distances; South 68°19'06" East, 48.68 feet; South 85°39'0 I" East, 72.50 feet; North 88°07'00" East, 67.45 feet; North 80°27'34" East, 80.49 feet; North 63°05'39" East, 54.14 feet; North 44°05' 12" East, 70.58 feet; North 32°55' 12" East, 131.51 feet; North 44°42' 12" East, 53.40 feet; North 51 °02' 12" East, 216.80 feet; North 83°13'00" East, 50.92 feetto a point on the East line of said Lot 4 and the West line of Bedford Place Subdivision, as same is recorded in Book 70 of Plats at Page 7162, records of Ada County, Idaho; thence along said line South 00°19'02" West, 661.67 feet to the southwest comer of said Bedford Place Subdivision; thence along the South line of said Government Lot 4 South 89°43'38" West, 39.70 feet to a point in the center of a drain ditch; thence along said ditch South 35°30'12" West, 258.83 feet; thence South 53°44'51" West, 493.59 feet; AZ-O3-019 thence departing said ditch South 89043'38" West, 505.50 feet to a point on the centerline of Meridian Road, being also a point on the West line of afore said Government lot 5; thence along said centerline and said West line North 00017'16" East, 500.00 feet to the Point of Beginning. Containing 16.00 acres, more or less. 'iM--: ~/!X"- City of Meridian - ¡':) ~ Mayor and City Council ~:. 7~ ,,~j By: William G. Berg, Jr., City Clerk "'::."'16 Us, 1S""'\ . ¡.f F. R ad. ¿ /:. 0 A '" '1 ~ ", lfSt e mg: -~ -.,- . "'1 I Co.!"H'(' """ Adopted after first readmg by suspensIOn ofili'&.Rm¡::¡~\¡¡,Möwed pursuant to Idaho Code 50-902: YES~ NO- Second Reading: Third Reading: Z:\Work\M\MeridianlMeridian 15360M\Highgate Sub. AZ-O3-019 PP-Q3-023 CUP-O3--039\SUMANNEXZONGORD.doc AZ-O3-019