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Home My WebLink About04-1074 Kissler/Cobbs/Eagy/Ruwe ADA CDUNTY RECORDER J. DAVID NAVARRO BOISE IDAHO 07123/04 02:59 PM DEPUTY Vicki Allen RECORDED-REQUEST OF 1111111111111111111111111111111111111 Meridian City 104093291 AMOUNT .00 CITY OF MERIDIAN ORDINANCE NO. 04- I ¿} 7 +- AN ORDINANCE FINDING THAT, JANET RUWE - AN UNMARRIED PERSON, LYLE R. COBBS AND DONNA L. COBBS - HUSBAND AND WIFE, JACK C. KENNEVICK AND MARY ANNE KENNEVICK - HUSBAND AND WIFE, RICHARD L. JORDAN AND KATHLEEN A. JORDAN - HUSBAND AND WIFE, AND JAMES A. KISSLER, THE OWNERS OF CERTAIN REAL PROPERTY GENERALLY LOCATED ON THE SOUTH SIDE OFUSTICKROAD ON THE EAST AND WEST SIDES OF EAGLE ROAD/SH 55, MERIDIAN, IDAHO, TO BE KNOWN AS KISSLER/COBBS/RUWE 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: ANNEXATION AND ZONING ORDINANCE (AZ-O3-018) - 1 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: LEGAL DESCRIPTION KISSLER PROPERTY A Parcel ofland lying in the Northwest Quarter of Section 4, Township 3 North, Range lEast of the Boise Meridian, Ada County, Idaho, more particularly described as follows: Beginning at the a point in the intersection of Eagle Road and Ustick Road, said point marking the Northwest corner of said Section 4; thence along the centerline of said Ustick Road, South 89°49'08" East a distance of 664.84 feet; thence South 00°35'55" West a distance of 30.00; thence North 89°49'08" West a distance of 10.00 feet; thence South 00°35'55" West a distance of 25.00 feet; thence South 89°49'08" East a distance of 10.00 feet; thence South 00°35'55" West a distance of 1235.86 feet; thence South 89°51 '00" East a distance of 105.08 feet; thence South 00°36' 13" West a distance of93.77 feet; thence North 89°51 '00" West a distance of 770.02 feet to a point on the West line of said Section 4 in the centerline of said Eagle Road; thence along the said West line of Section 4, North 00°36'13" East a distance of 1385 feet to the Point of Beginning. Said parcel contains 21.35 acres, more or less This description was compiled from information contained in Deed Instrument No. 101056225 and Record of Survey No. 5287 and is not the result of an actual survey made on the ground. KENNEVICK/COBBS/JORDAN PROPERTY A parcel ofland lying in the NE 14 of the NE 14 of Section 5, T.3N., RIE., of the Boise Meridian, and in Government Lot 4, Section 4, T.3N., R.lE., of the Boise Meridian, Ada County, Idaho, being more particularly described as follows: Beginning at a point in the centerline of U stick Road, marking the Northeast Corner of said Section 5, T.3N., R.IE. of the Boise Meridian, Ada County, Idaho, from which the N 14 Corner bears South 89°39'20" West a distance of 2656.46 feet; thence along the centerline of Us tick Road (also the North line of said Government Lot 4) North 89°34'39" East a distance of27.57 feet to a point marking the centerline intersection of Us tick Road and State Highway 55 (Eagle Road); thence along ANNEXATION AND ZONING ORDINANCE (AZ-O3-018) - 2 the centerline of State Highway 55 (Eagle Road), South 01 °14'39" West a distance of 402.16 feet to a point marking the extension of the southerly line of a parcel described in Instrument No. 8719320; records of Ada County, Idaho; thence along the extension of said southerly line North 84°06'00" West a distance of 18.94 feet to a point on the East line of said Section 5, said point being located South 00°00'00" West 400 feet from the said Northeast Corner of Section 5; thence along said southerly line North 84°06'00" West a distance of 480.00 feet; thence continuing along said southerly line, North 81 °54'00" West a distance of 24.72 feet; thence North 01 °05'59" East a distance of 344.18 feet to a point in the centerline of Us tick Road (north line of Section 5); thence along the North line of said Section 5, North 89°39'20" East a distance of 495.33 feet to the Point of Beginning. Said parcel contains 4.48 acres, more or less. This description was compiled from deed information and other survey information provided and is not based on an actual survey made on the ground. RUWE PROPERTY A parcel ofland lying in the NE 14 NE 14 of Section 5, T.3N., RIE., B.M., Ada County, Idaho, said parcel being more particularly described as follows: Commencing at a found Brass Cap lying along the centerline of Us tick Road and marking the NE Corner of said Section 5, T.3N., RIE., B.M., Ada County, Idaho, said Brass Cap bears N89°39'20" E. 2656.46 feet from a found 5/8" iron pin marking the Nl/4 Corner of said Section 5, said Brass Cap also bears NOOOOO'OO" W. 2611.41 feet (formerly 2611.50 feet) from a found Brass Cap marking the El/4 Comer of said Section 5; thence N. 89°34'39" E. 27.57 feet along the centerline of said U stick Road to a found Brass Cap marking the centerline intersection of said Ustick Road and State Highway 55 (Eagle Road); thence S. 01 °14'39' W. 679.30 feet along the said centerline of State Highway 55 (Eagle Road) to a point, said point marking the REAL POINT OF BEGINNING: thence continuing along the said centerline of State Highway 55 (Eagle Road), S.Ol °14'39" W. 277.00 feet to a point; thence N. 83°54'00" W. 150.84 feet to a point; thence N. 64°11 '00" W. 79.87 feet to a point; thence S. 89°54'00" W. 200.00 feet to a point; ANNEXATION AND ZONING ORDINANCE (AZ-O3-018) - 3 thence N. 79001'00" W. 319.00 feet to a point; thence S. 77006'00" W. 267.75 feet to a point; thence S. 87006'00" W. 335.19 feet to a point lying on the easterly boundary of Carol's Subdivision No.2, as recorded in Book 39 of Plats at Pages 3248 and 3249, records of Ada County, Idaho; thence N. 00015'11" W. 560.14 feet along the said easterly boundary of Carol's Subdivision No.2 to a point; thence S. 71028'10" E. 803.90 feet to a point; thence S. 83054'01" E. 580.46 feet to the point of beginning, containing 10.50 acres, more or less. SUBJECT TO ANDIOR TOGETHER WITH: Any easements or rights of way of record or in use. 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 District (C-G). 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 the owner of the land described in Section 1 dated the //-d. day of )v¡ Þ1. c..A., ,2004, and that ANNEXATION AND ZONING ORDINANCE (AZ-O3-0I8) - 4 the uses are to be developed under the planned unit development process and conditional use permit process. SECflON 6: All ordinances, resolutions, orders or parts thereofin conflict herewith are hereby repealed, rescinded and annulled. SECfION 7: This ordinance sball be in full force and effect ftom and after its passage, approval and publication, according to law. SECflON 8: 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 ofIdabo, to- wit: the Recorder, Auditor, Treasurer and Assessor and sball 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 §63-22I5 and §50-223. PASSED BY THE COUNCn.. OF THE CITY OF MERIDIAN, IDAHO, this ~ day of Jï\llj ,2004. ANNEXATION AND ZONING ORDINANCE (AZ-O3-Ol8) - 5 JROVED BY THE MAYOR OF THE CITY OF MERIDIAN, IDAHO, this ~ day of \ "j , 2004. ATTEST: STATE OF IDAHO,) : ss. County of Ada On this 13~day of J ~ I Y ,2004, before me, the undersigned, a Notary Public in and for said State, personally appeared TAMMY 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 year firstJàwxe written. .", "I, .." :\C'ß L. $,.':, .:' r:;'~ "'" '7r ~ ~ ...¥" '. :;. ~~ (SEAL) ¡ ~OTA.\' \~ \ PUBLIC FOR IDAHO =*' it: G.'T Ølle ,I. = ! -.- .,: n.: /" VJ&(,A""-. . ¡".,. /;,r¡& i .\ "lJ \c ,: : OMMISSIONEXPIRES: 0« a7 \ ~ BL i I Z:\Work"."~x~:";¡"}"" Js360:.J.~~L ~ RDwe AZAJ~!8IAZOcd.doc u"~'"""'~ ._='~ ~"'"f OF 1" ~...., "........., ANNEXATION AND ZONING ORDINANCE (AZ-O3-0I8) - 6 ..,.., - ~ ,m ~ :¡ \Q . , pe! I ,::lh! I diU 11+00 <