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Home My WebLink About05-1134 Equity Benefits AZ ADA COUNTY RECORDER J. DAVID NAVARRO AMOUNT .00 BOISE IDAHO 03111/05 03:34 PM ~~~~J6E~:~~Q~m OF IIIIIIIIIIIIIIIIIIIIIII!II'IIII '" III Meridian City 105029651 '------ CITY OF MERIDIAN ORDINANCE NO.-9+- tl5- /134- AN ORDINANCE FINDING THAT, EQUITY BENEFITS, LLC, THE OWNER OF CERTAIN REAL PROPERTY GENERALLY LOCATED ON THE NORTH SIDE OF FRANKLIN ROAD, APPROXIMATELY 2,000 FEET WEST OF EAGLE ROAD, AND APPROXIMATELY 2,300 FEET EAST OF NOLA ROAD IN SECTION 8, TOWNSHIP 3 NORTH, RANGE 1 EAST, WITH A PHYSICAL ADDRESS OF: 2540 EAST FRANKLIN ROAD, MERIDIAN, IDAHO, AND WHICH LIES CONTIGUOUS OR ADJACENT TO THE CITY LIMITS OF THE CITY OF MERIDIAN, COUNTY OF ADA, STATE OF IDAHO; HAS 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 (C-G); AND DECLARING THAT SAID LAND, BY PROPER LEGAL DESCRIPTION AS DESCRIBED BELOW, BE APART 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: LEGAL DESCRIPTION ANNEXATION AND ZONING ORDINANCE (AZ-O4-001) - 1 A tract ofland situated within the Southwest '4 of the Southeast '4 of Section 8, Township 3 North, Range 1 East, Boise Meridian, Ada County, Idaho, described as follows: Commencing at a found aluminum cap monument marking the Southeast comer of said Section 8, said comer at the center line intersection of Eagle Road and Franklin Road, thence westerly along the southerly line of said Section 8 and the center line of said Franklin Road North 89°-53'-50" West a distance of2571.05 feet to a found aluminum cap monument marking the Southwest comer of said Southeast '4; thence easterly along said Section and center line South 89°- 53'-50" East a distance of393.1l feet to the POINT OF BEGINNING. Thence leaving said Section and center line North 00°-31 '-40" East a distance of 40.00 feet to a found steel pin on the northerly rights-of-way line of said Franklin Road; Thence leaving said rights-of-way line North 00°-31' -40" East a distance of 192.00 feet to a set steel pin; Thence South 89°-53'-50" East a distance of 105.00 feet to a found steel pin; Thence South 00°-31 '-40" West a distance of 192.00 feet to a set steel pin on said northerly rights-of-way line; Thence continuing South 00°-31 '-40" West a distance of 40.00 feet to a point of the center line of said Franklin Road and said southerly line of Section 8; Thence westerly along said center and Section line North 89°-53'-50" West a distance of 105.00 feet to the POINT OF BEGINNING. The above-described tract ofland contains 24,359 square feet, more or less, subject to all existing easements and rights-of-way. ANNEXATION AND ZONING ORDINANCE (AZ-04-001) - 2 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 of that certain Development Agreement by and between the City of Meridian and oJ/.. 2&>&> S' the owner of the land described in Section 1 dated the 2-.4 - day of f26na:,.tr:; ,~, and that the uses are to be developed under the planned unit development process and conditional use pennit 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 fÌ'om 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 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 ofIdaho, to- wit: the Recorder, Auditor, Treasurer and Assessor and shall also file simultaneously a certified copy of ANNEXATION AND ZONING ORDINANCE (AZ-04-001) - 3 this ordinance and map with the State Tax Commission of the State ofIdaho, all in compliance with Idaho Code §63-22l5 and §50-223. / S.f PASSED BY THE COUNCIL OF THE CITY OF MERIDIAN, IDAHO, this - day of m ~ , %0021". 2otf) r;-, - /~,. APPROVED BY THE MAYOR OF THE CITY OF MERIDIAN, IDAHO, this - day of ~ ,~.200!!i. - STATE OF IDAHO,) : ss. Cowlty of Ada ...L /11 .;2Qo5 On this ~ day of ø.,.J. , 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, ofthe 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 wno"tt ........~ ....\Cß L. SA.. f;;".~~)1 . l'" ? : ~OTAJl)o '\ . (SEAL) i * i -.- \ * ¡ N AR PUBLIC FOR IDAJIO \ \ J>ClBL\C J: SID GAT: Me"'/:a,,- \.,p)l"", ../-...0 ¡ Y C MMISSION EXPIRES:~O7 "... -1)0 ....... ." ~~ .~li (IF 1\)t- ...- Z:\ Work\M\MeridianlMeridian 153 roily a'<¡;- AZ-O4-00 1 \AZ Ord.doc . ......'IV"'" ANNEXATION AND ZONING ORDINANCE (AZ-04-001) - 4 !E)/(ff=ff§!B§r D°!B°D SITUATED WITHIN A PORTION OF THE: SW 1/4 OF THE: SE 1/4 SECTION 8, 7OWNSHIP 3 NORTH, RANGE: 1 E:AST, BOISE: MERIDIAN, MERIDIAN, ADA COUN7Y, IDAHO, 2003 ~s 89"53'S~":;' -¡lOs.aa, FOUND 8/8" S1EEL "'N DISTURBED - R£sU 111m CAP liRE PLS B793 I 1 ~I ~I ¡'fi, - - I OS. 00' - --+ QdII b 9 R~;~:~~o:_c~~ ,~I P.o.c.~B- 'n'50' W 105,00 ~ - ~ 1/;0 N.!9.;;~- - .. 1/1 IUI LEGEND BOUNDARY UNE: -- PUBUC RIGHT-OF-WAY UNE: ---- EASEMENT 81 ~ --- CE:NTE:R UNE ~ . 0 A "'I 01 ~, FOUND ÀWMINUM CAP SET 5/8""30' STE:EL PIN WITH CAP MRE PLS 8793 FOUND 5/8.' STEE:L PIN C,,\LCULA TED POSITION 393.11' N 00'31'40" E 18 8 40.00' p.o,a", ~ Å" S 89'53'50' E 393.11' ~~ - - - - - - N 89'53'50' W 2571.0S 17 ~ ~ FRANKLiN ROAD (Jl}-dz~c-u 195"- ItY.". Gross Area 24,359 S,F. 0.56 ACRES Net Area 20,159 S.F, 0.46 ACRES N 18 ~ I", 1'6 ,~ 15 OJ 1 1 I" = so' , ENGEBRITSON LAND SURW:YS, INC. 22S1. s. SUMAC STRffT BOISE:, IDAHO 83706 PHONE (208) 859-6032 FAX (208) 383-0892