HomeMy WebLinkAbout05-1134 AZ Equity Benefits 04-001 (105029651)
ADA CDUNTY RECORDER J. DAVID NAVARRO AMOUNT ,DO
BOISE IDAHO 03111/05 03:34 PM
~~~:E~:a~~t~~:r OF 1111111111111111111111111111111 111111
Meridian City 105029651
CITY OF MERIDIAN
ORDINANCE NO.-*" tl5-/134--
AN ORDINANCE FINDING THAT, EQUITY BENEFITS, LLC, THE OWNER OF CERTAIN REAL
PROPERTY GENERALLY LOCATED ON THE NORTH SIDE OF FRANKLIN ROAD,
APPROXIMA TEL Y 2,000 FEET WEST OF EAGLE ROAD, AND APPROXIMA TEL Y 2,300 FEET
EAST OF NOLA ROAD IN SECTION 8, TOWNSHIP 3 NORTH, RANGE I 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 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:
LEGAL DESCRIPTION
ANNEXATION AND ZONING ORDINANCE (AZ-O4-001) - 1
A tract ofland situated within the Southwest \4 ofthe Southeast \4 of Section 8, Township 3
North, Range I East, Boise Meridian, Ada County, Idaho, described as follows:
Commencing at a found aluminum cap monument marking the Southeast corner of said
Section 8, said corner 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 corner of said Southeast \4; thence easterly along said Section and center line South 89°-
53'-50" East a distance of393.11 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 of land contains 24,359 square feet, more or less, subject to all
existing easements and rights-of-way.
ANNEXATION AND ZONING ORDINANCE (AZ-O4-001) - 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
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the owner of the land described in Section I dated the 2..4 - day of 126r/it.a..Y:! ,~, and that
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 ftom 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-O4-00l) - 3
this ordinance and map with the State Tax Commission of the State of Idaho, all in compliance with
Idaho Code §63-22l5 and §50-223.
PASSED BY THE COUNCIL OF THE CITY OF MERIDIAN, IDAHO, this /~ day of
fJ1 ~ , %OtJ2I". gOti' f>, -
/1>'1-
APPROVED BY THE MAYOR OF THE CITY OF MERIDIAN, IDAHO, this - day of
h1.~ ,¡øQ4. Zoo!? -
as allowed pursuant to Idaho Code 50-
STATE OF IDAHO,)
: ss.
County of Ada
On this ~ day of ¡v¡ ø.,.J. , ~ 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 Wri~t ':'t'
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ANNEXATION AND ZONING ORDINANCE (AZ-O4-001) - 4
/EXHUfBUr DDfBDD
SITUA7UJ WITHIN A POR710N OF THE: SW 1/4 OF THE: SE 1/4
SEC710N 8, TOW/IISHIP 3 NORTH, RANGE: 1 EAST, BOISE MERIOIAN,
MERlO/AN, ADA COUNTY, IDAHO.
2003
~s 89'S3'S~' !. -¡IDS. 00'
FOUND 5/8" S1E'EL PIN
DISlURBED - R£sET
1\1111 CAP liRE PLS 879J .
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BOUNDARY LINE
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PUBLIC RIGHT-OF-WAY UNE
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EASE:MENT
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CENTER LINE
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A
FOUND ÀWMINUM CAP
SET S/8";'30' S!EEL PIN WITH CAP MRE PLS 8793
FOUND S/8" S!EEL PIN
CA"LCULA!ED POSITION
393.11'
N~~E: ,~
8 40.00' P.D.B. ~
Á " - - S_89'53'SO' E ~9~ - - - ~
~~ N 89"53'SO" W 2S71.0S'
17 ~ ~ FRANKUM ROAD
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Gross Area
24,359 S.F.
0.56 ACRES
I" = 50'
Net Area
20,159 S.F.
0.46 ACRES
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- - 105.00' - - -+ ~ I
-L~ 8 9
Existing A~~Dy C P.D.C.
Rights-Of-"a ... -
3'SO.W 105.00', -~ 18
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ENGEBRfrSONI LAND SURVEYS, UN/C.
2251 S. SUMAC STREET
BOISE:, IDAHO 83706
PHONE (208) BS9-6O32 FAX (208) 383-0892