The URL can be used to link to this page

Home My WebLink About04-1089 Market Square AZADA COUNTY RECORDER J. DAVID NAVARRO 5 BOISE IDAHO 07123104 02:59 PM DEPUTY Vicki Allen McCdanECiNREQUESTOF ~I~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~ AMOUNT OQ 104093295 CITY OF MERIDIAN ORDINANCE NO. 04- ~ ~ B / .~ AN ORDINANCE FINDING THAT, CAVEN, INC., THE OWNER OF CERTAIN REAL PROPERTY GENERALLY LOCATED ON THE NORTHEAST CORNER OF THE INTERSECTION OF USTICK ROAD ND EAGLE ROAD/SH 55, IMMEDIATELY NORTH OF THE PROPOSED KISSLER/COBBS/BAGY/RUWE ANNEXATION AND WEST OF PROVIDENCE PLACE SUBDIVISION, IN TOWNSHIP 4 NORTH, RANGE 1 EAST, SECTION 33, MERIDIAN, IDAHO, TO BE KNOWN AS MARKET SQUARE 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 GENERAL RETAIL AND SERVICE COMMERCIAL DISTRICT (C-G); 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: ANNEXATION AND ZONING ORDINANCE (AZ-04-009) - 1 LEGAL DESCRIPTION A pazcel of land being the S W '/a S W '/a of Section 33, Township 4 North, Range 1 East, Boise Meridian, Meridian, Ada County, Idaho, more particularly described as follows: BEGINNING at the SW corner of said Section 33, said corner monumented with a''/z-inch diameter iron pin; Thence N. 0°30'25" E., a distance of 1327.14 feet along the westerly boundazy of said SW'/a S W '/a to the NW corner of said SW '/ SW '/a (S 1/16 corner common to Sections 32 and 33); Thence S. 89°47'55" E., a distance of 1329.19 feet along the northerly boundary of said SW '/a SW '/a to the NE corner of said SW '/a SW '/a (S W 1 /16 comer), said corner monumented with a 5/8-inch diameter iron pin; Thence S. 0°29'08" W., a distance of 1326.66 feet along the easterly boundary of said SW Ya SW'/a to the SE corner of said 5W'/a SW'/a (W 1/16 corner common to Sections 4 and 33); Thence N. 89°49' 08" W, a distance of 1329.70 feet along the southerly boundary of said S W '/a SW '/a to the POINT OF BEGINNING. This parcel contains 40.49 acres more or less. Also, this parcel is SUBJECT TO all easements and rights-of--way of record or implied. All according to Record of Survey No. 3769, recorded as Instr. No. 97008745 in the Office of the Ada County Recorder. This information contained in this legal description was derived from the data of record as shown on "Record of Survey No. 3769, Instr. No. 97008745", and is not based on an actual field survey. 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 General Retail and Service Commercial (C-G). ANNEXATION AND ZONING ORDINANCE (AZ-04-009) - 2 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 1 dated the ~ day of , 2004, and that the uses are to be developed as required within the Development Agreement under 6. Conditions Governing Development of Subject Property. 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 S: The Clerk of the City of Meridian shall, within ten (10) days following the 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 of Idaho, all in compliance with Idaho Code §63-2215 and §50-223. ANNEXATION AND ZONING ORDINANCE (AZ-04-009) - 3 PASSED BY THE COUNCIL OF THE CITY OF MERIDIAN, IDAHO, this ~ day of ~, 2004. //~ APPRGO~VED BY THE MAYOR OF THE CITY OF MERIDIAN, IDAHO, this ! d~ day of __s'L J ,2004. ATTEST: ~POri ~, o G'' ?G~ q rFo s~~~ cI~CL~~ERK~f ~ v~ ,~ O ', '~O ~r ts~ ~ ~ s First Reading: ~~~~ ~ ~ ~~''~~~Of1:`d'IY ' Adopted after first reading by suspexistbrtb't~' 902 Yes: No: Second Reading: Third Reading: '- STATE OF IDAHO,) County of Ada ) ss. ~pQ'~,. WEERD Rule as allowed pursuant to Idaho Code 50- lti 11 On this ~3~ day of ~ be l , 2004, before me, the undersigned, a Notary Public in and for said State, personally appeazed T de WEERD 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 yeaz first abovea~lt[8~."'~~o, q~ ~°~ ~ ~ ' a ~ ~pTaRr •4~ (SEAL) : * ~.~ i * s N ARY UBLIC FOR ID~A/HO J°UBL~ RE ID GAT: /yIP/JcyrCtN ~'t, ,p p $ MY MMISSION EXPIRES: 0 ~/ 0 7 ••~qrp ....• ~,~ Z:\WorklMVMeridiantiYler~YS Square AZ-04-009WZOrd.doc ~QUp~N ANNEXATION AND ZONING ORDINANCE (AZ-04-009) - 4 9RR.22.2004- 3t04PM-ERRL & RSSOCIRTES O.B48-~'.3 ANNQ(AlIONfJOfIBIf THE i/f SW i/~, SEC710N 33, T. ~ N., R. } E. 8. ., MER70IAN, ADA COUNTY, lOAHO 2064 `~~ S b"17".3' £ 1 1y: 941 I 1 Y 1 1 I QI I l~ i IJ2Afa' n+M fc Y I 1 I~ I~ (40.49 Ae/es 3 8 b 1/11 ••v c 1/31 LIM T, L tl~[ NI ~wCru ,. LiOENP O Colwbtb point 0 FLUnp 5/9 aN d'asm pm o Fpund tp aM am. von cm --•~ -- Plapbypwnaary fine ~ 0~- /089 MRR 22 '04 15~1B La66' 6' YFi~19MQS SMITH BRIGHTON PROPERTIES E/IQLE ROAD CONCEPTUAL 8175 w~ l ~~~~e-f f~ roe ao. .u=!Od swwwy a af~aN~ aurr. one «a. ,1~470./E>aIIBlr tasianel EosSnars, fund 55nmeypls k Planners ~'~~~ ScAIC N-7d. gtYy Q 911 fledlpl/ 9!, n Q~IdveU, ID 99605 BOOK N0. (200) d5d-0258 (209) d51-0970 Fas A BF. • L AAO AO[YlO'a PRGE.03