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HomeMy WebLinkAbout630 Heron Cove Subdivision \-)~ ~ ORDINANCE No.6 30 ORIGINAL AN ORDINANCE OF THE CITY OF MERIDIAN ANNEXING AND ZONING CERTAIN REAL PROPERTY WHICH IS DESCRIBED AS A PORTION OF GOVERNMENT LOT 5 OF SECTION 6, T.3 N., R. IE., B.M., ADA COUNTY, IDAHO; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the City Council and the Mayor of the City of Meridian, Idaho, have concluded that it is in the best interest of said City to annex to the said City real property which J..S hereinbelow described: A parcel of land being a portion of Government Lot 5 of Section 6, T.3N., R.1E., B.M., Ada County, Idaho, more particularly described as follows: Beginning at the Northwest corner of Section 6, Township 3 North, Range 1 East, Boise Meridian; thence South 00016'37" West 2658.23 feet along the westerly boundary of the N/W ~ of said Section 6, also being the centerline of Meridian Road, to the Southwest corner of Government Lot 5 of said Section 6; thence leaving said Westerly boundary of Government Lot 5 of Section 6 North 89034'50" East 25.00 feet along the Southerly boundary of Government Lot 5 of said Section 6 to an iron pin on the Easterly right-of-way line of Meridian Road; thence leaving the said Easterly right-of way line of Meridian Road and continuing North 89034'50" East 926.34 feet along the Southerly boundary of Government Lot 5 of said Section 6 to an iron pin, said pin being the REAL POINT OF BEGINNING; thence continuing North 89034'50" East 139.19 feet along the Southerly boundary of Government Lot 5 of said Section 6 to an iron pin marking the Southeast corner of Government Lot 5 of said Section 6, thence leaving said Southerly boundary of Government Lot 5 of Section 6 North 00017'35" East 624.66 feet along the Easterly boundary of Government Lot 5 of said Section 6 to an iron pin; thence leaving said Easterly boundary of Government Lot WOLFE & ASSOCIATES ANNEXATION ORDINANCE Page 1 5 of Section 6 North 66047'10" West 37.03 feet to an iron pin; thence South 00009'50" West 72.74 feet to an iron pin; thence North 89050'10" West 1031.67 feet to an iron pin on the Easterly right-of-way line of Meridian Road; thence South 00016'37" West 206.33 feet along the Easterly right-of-way line of said Meridian Road and 25.00 feet Easterly of and parallel to the Westerly boundary of Government Lot 5 of said Section 6 to an iron pin; thence leaving said Meridian Road right-of-way South 60030'07" East 993.65 feet along the centerline of the Jackson Drain to the point of beginning, comprising 10.10 acres, more or less. NOW, THEREFORE, BE IT ORDAINED by the Mayor and City Council of the City of Meridian, Ada County, Idaho: Section 1. That the above and referenced real property described as: A parcel of land being a portion of Government Lot 5 of Section 6, T.3N., R.1E., B.M., Ada County, Idaho, more particularly described as follows: Beginning at the Northwest corner of Section 6, Township 3 North, Range 1 East, Boise Meridian; thence South 00016'37" West 2658.23 feet along the Westerly boundary of the NW ~ of said Section 6, also being the centerline of Meridian Road, to the Southwest corner of Government Lot 5 of said Section 6; thence leaving said Westerly boundary of Government Lot 5 of Section 6 North 89034'50" East 25.00 feet along the Southerly boundary of Government Lot 5 of said Section 6 to an iron pin on the Easterly right-of-way line of Meridian Road; thence leaving the said Easterly right-of-way line of Meridian Road and continuing North 89034'50" East 926.34 feet along the Southerly boundary of Government Lot 5 of said Section 6 to an iron pin, said pin being the REAL POINT OF BEGINNING; WOLFE & ASSOCIATES ANNEXATION ORDINANCE Page 2 thence continuing North 89034'50" East 139.19 feet along the Southerly boundary of Government Lot 5 of said Section 6 to an iron pin marking the Southeast corner of Government Lot 5 of said Section 6, thence leaving said Southerly boundary of Government Lot 5 of Section 6 North 00017'35" East 624.66 feet along the Easterly boundary of Government Lot 5 of said Section 6 to an iron pin; thence leaving said Easterly boundary of Government Lot 5 of Section 6 North 66047'10" West 37.03 feet to an iron pin; thence South 00009'50" West 72.74 feet to an iron pin; thence North 89050'10" West 1031.67 feet to an iron pin on the Easterly right-of-way line of Meridian Road; thence South 00016'37" West 206.33 feet along the Easterly right-of-way line of said Meridian Road and 25.00 feet Easterly of and parallel to the Westerly boundary of Government Lot 5 of said Section 6 to an iron pin; thence leaving said Meridian Road right-of-way South 68030'07" East 993.65 feet along the centerline of the Jackson Drain to the point of beginning, comprising 10.10 acres, more or less. is hereby annexed to the City of Meridian, and J..S zoned R-40 Residential; that the reason for the R-40 zoning is to allow construction of 66 apartment units on the parcel of 3.9 acres; that the annexation and zoning is subject to the conditions referenced in the Findings of Fact and Conclusions of Law as adopted by the Meridian Council on the request for annexation and zoning; that Applicant shall pay any impact development fee or transfer fee adopted by the City of Meridian as a condition of annexation and if not paid the land shall be de-annexed. section 2. That the property shall be subject to de- annexation if the owner shall not meet the following requirements: WOLFE & ASSOCIATES ANNEXATION ORDINANCE Page 3 a. That the Applicant will be required to connect to Meridian water and sewer and resolve how the water and sewer mains will serve the land. b. That the development of the property shall be subject to and controlled by the Subdivision and Development Ordinance and the Meridian Comprehensive Plan adopted January 4, 1994. c. That all development requests will be subject to planned development methods and conditional use permit processing and the development of the parcel will be subject to the planned development process under the conditional use process and a density of 20 dwelling units per acre shall no be exceeded. d. That under the planned development review and conditional use processing, standards shall be required so that that portion of Meridian Road which is included in the development shall be aesthetically maintained with a 35- foot setback for landscaping. e. That proper and adequate access to the property has not been shown and any development plans will have to show adequate access and will have to meet City requirements and those of the Ada County Highway District; that Blue Heron Lane will have to become a public road to provide adequate access. f. That, as a condition of annexation, the Applicant shall be required to enter into a development agreement as authorized by 11-2-416 Land 11-2-417 D; that the development agreement shall address the following, among other items: 1. Inclusion into the subdivision of the requirements of 11-9-605 C, G., H 2, K, L of the Revised and Compiled Ordinances of the City of Meridian. 2. The comments of the Planning Director, Wayne Forrey, submitted as part of the annexation and zoning process. 3. The Applicant and owners of the property, and if required, any assigns, heirs, executors or personal representatives, pay, when required, any impact development fee or transfer fee adopted by the City. g. That the development of annexed land must meet and comply with the Ordinances of the City of Meridian and in particular Section 11-9-616, which pertains to development time schedules and requirements, and 11-9-605 M. which pertains to the tiling of ditches and waterways. h. That these conditions shall run with the land and bind the applicant, the titled owners, and their assigns. i. That if these conditions of approval are not met the property shall be subject to de-annexation. j. Meet the requirements and conditions of the Findings of Fact and Conclusions of Law and meet the Ordinances of WOLFE & ASSOCIATES ANNEXATION ORDINANCE Page 4 , " the City of Meridian. Section 3. That if Applicant shall fail to meet the above conditions the property shall be subject to de-annexation, which conditions subsequent shall run with land and also be personal to the owner and Applicant. Section 4. That the City Clerk shall cause one (1) copy of the legal description, and map, which shall plainly and clearly designate the boundaries of said property, to be filed with the Ada County Recorder, Ada County Assessor, and the State Tax Commission within ten (10) days following the effective date of this Ordinance. Section 5. EFFECTIVE DATE: There being an emergency, which emergency is hereby declared to exist, this Ordinance shall be in full force and effect from and after its passage and approval as required by law. PASSED by the City Council and approved by the Mayor of the City of Meridian, Ada County, Idaho, this 4-'~ day of .~ ;}af1UtU-j 1994. APPROVED: ~ f "~ -Mil: -OR -::.- GRANT ~ ATTEST: J;J!tu~~ WILLIAM BERG -- TY CLERK WOLFE & ASSOCIATES ANNEXATION ORDINANCE Page 5 ~ I " , ' (I Y 0 0 Y Y 2 7 SSe ,';.D ',: :;,ECOROER J. D A V ! iJ ,: /l, V i\ R R 0 BOISE \D ". '9~~~ A~ ~ FEE I!~ DEl-' RECOHOED i,l I H[~ riEQ EST OF STATE OF IDAHO,) County of Ada, ) I, WILLIAM BERG, City Clerk of the City of Meridian, Ada County, Idaho, do hereby certify that the above and foregoing is a true, full and correct copy of an Ordinance entitled "AN ORDINANCE OF THE CITY OF MERIDIAN ANNEXING AND ZONING CERTAIN REAL PROPERTY WHICH IS DESCRIBED AS A PORTION OF GOVERNMENT LOT 5 OF SECTION 6, T. 3 N., R. IE., B.M., ADA COUNTY, IDAHO; AND PROVIDING AN EFFECTIVE DATE."; passed as Ordinance No. G30 , # ",the Ci ty Council and Mayor of the City of Meridian, on the -1.:>- day of ~ahudr~ , 1994, as the same appears in my offJ..ce. DA~D this -It .;;!aftuartj , 1994. W \.../ ~nn~, .II)' ~ ~ :fro <I P C) Ii' .. """I' . - ,...", Sf c..() .q"l' "0 f/~ / F, ~ <.J 1;,,~ ==> 0 ~7 ~P--- ~~ * {> ~f,~~ ':'J' ""Jity Clerk, City t1.. . 'f.c:. hL'.M.,~ if;? 'tl. da County, Idaho STATE OF IDAH' ..';o~~/!,r=:'~~';I"A~ l ~J~"Y '} -.-.t';!o~'7J.-~:;"'. '} "' ~'~Nf'1 , \~ County of Ada, On this 1" th day of January, 1994, before me, the undersigned, a Notary Public in and for said State, personally appeared WILLIAM BERG, known to me to be the person whose name is subscribed to the within and foregoing instrument, and acknowledged that he executed the same. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year in this certificate first above written. SEAL WOLFE & ASSOCIATES ANNEXATION ORDINANCE Page 6 ORDINANCE NO. 6 3 ORIGINAL AN ORDINANCE OF THE CITY OF MERIDIAN ANNEXING AND ZONING CERTAIN REAL PROPERTY WHICH IS DESCRIBED AS A PORTION OF GOVERNMENT LOT 5 OF SECTION 6, T.3 N., R. 1E., B.M., ADA COUNTY, IDAHO; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the City Council and the Mayor of the City of Meridian, Idaho, have concluded that it is in the best interest of said City to annex to the said City real property which is hereinbelow described: A parcel of land being a portion of Government Lot 5 of Section 6, T.3N., R.1E., B.M., Ada County, Idaho, more particularly described as follows: Beginning at the Northwest corner of Section 6, Township 3 North, Range 1 East, Boise Meridian; thence South 00°16'37" West 2658.23 feet along the Westerly boundary of the N/W ; of said Section 6, also being the centerline of Meridian Road, to the Southwest corner of Government Lot 5 of said Section 6; thence leaving said Westerly boundary of Government Lot 5 of Section 6 North 89°34'50" East 25.00 feet along the Southerly boundary of Government Lot 5 of said Section 6 to an iron pin on the Easterly right-of-way line of Meridian Road; thence leaving the said Easterly right -of way line of Meridian Road and continuing North 89*34,50" East 926.34 feet along the Southerly boundary of Government Lot 5 of said Section 6 to an iron pin, said pin being the REAL POINT OF BEGINNING; thence continuing North 89*34150" East 139.19 feet along the Southerly boundary of Government Lot 5 of said Section 6 to an iron pin marking the Southeast corner of Government Lot 5 of said Section 6, thence leaving said Southerly boundary of Government Lot 5 of Section 6 North 00°17'35" East 624.66 feet along the Easterly boundary of Government Lot 5 of said Section 6 to an iron pin; thence leaving said Easterly boundary of Government Lot WOLFE & ASSOCIATES ANNEXATION ORDINANCE Page 1 5 of Section 6 North 66°47'10" West 37.03 feet to an iron pin; thence South 00°09'50" West 72.74 feet to an iron pin; thence North 89°50'10" West 1031.67 feet to an iron pin on the Easterly right-of-way line of Meridian Road; thence South 00*16,37" West 206.33 feet along the Easterly right-of-way line of said Meridian Road and 25.00 feet Easterly of and parallel to the Westerly boundary of Government Lot 5 of said Section 6 to an iron pin; thence leaving said Meridian Road right-of-way South 60°30'07" East 993.65 feet along the centerline of the Jackson Drain to the point of beginning, comprising 10.10 acres, more or less. NOW, THEREFORE, BE IT ORDAINED by the Mayor and City Council of the City of Meridian, Ada County, Idaho: Section 1. That the above and referenced real property described as: A parcel of land being a portion of Government Lot 5 of Section 6, T.3N., R.lE., B.M., Ada County, Idaho, more particularly described as follows: Beginning at the Northwest corner of Section 6, Township 3 North, Range 1 East, Boise Meridian; thence South 00°16137" West 2658.23 feet along the Westerly boundary of the NW a of said Section 6, also being the centerline of Meridian Road, to the Southwest corner of Government Lot 5 of said Section 6; thence leaving said Westerly boundary of Government Lot 5 of Section 6 North 89°34'50" East 25.00 feet along the Southerly boundary of Government Lot 5 of said Section 6 to an iron pin on the Easterly right-of-way line of Meridian Road; thence leaving the said Easterly right-of-way line of Meridian Road and continuing North 89°34'50" East 926.34 feet along the Southerly boundary of Government Lot 5 of said Section 6 to an iron pin, said pin being the REAL POINT OF BEGINNING; WOLFE & ASSOCIATES ANNEXATION ORDINANCE Page 2 thence continuing North 89*34150" East 139.19 feet along the Southerly boundary of Government Lot 5 of said Section 6 to an iron pin marking the Southeast corner of Government Lot 5 of said Section 6, thence leaving said Southerly boundary of Government Lot 5 of Section 6 North 00 ° 17 ' 35 " East 624.66 feet along the Easterly boundary of Government Lot 5 of said Section 6 to an iron pin; thence leaving said Easterly boundary of Government Lot 5 of Section 6 North 66°47'10" West 37.03 feet to an iron pin; thence South 00°09'50" West 72.74 feet to an iron pin; thence North 89*50110" West 1031.67 feet to an iron pin on the Easterly right-of-way line of Meridian Road; thence South 00°16'37" West 206.33 feet along the Easterly right-of-way line of said Meridian Road and 25.00 feet Easterly of and parallel to the Westerly boundary of Government Lot 5 of said Section 6 to an iron pin; thence leaving said Meridian Road right-of-way South 68°30'07" East 993.65 feet along the centerline of the Jackson Drain to the point of beginning, comprising 10.10 acres, more or less. is hereby annexed to the City of Meridian, and is zoned R-40 Residential; that the reason for the R-an grin; n, ; r 4-- -., , ,-,.. construction of 66 apartment units on the parcel of 3.9 acres; that the annexation and zoning is subject to the conditions referenced in the Findings of Fact and Conclusions of Law as adopted by the Meridian Council on the request for annexation and zoning; that Applicant shall pay any impact development fee or transfer fee adopted by the City of Meridian as a condition of annexation and if not paid the land shall be de -annexed. Section 2. That the property shall be subject to de - annexation if the owner shall not meet the following requirements: WOLFE & ASSOCIATES ANNEXATION ORDINANCE Page 3 a. That the Applicant will be required to connect to Meridian water and sewer and resolve how the water and sewer mains will serve the land. b. That the development of the property shall be subject to and controlled by the Subdivision and Development Ordinance and the Meridian Comprehensive Plan adopted January 4, 1994. C. That all development requests will be subject to planned development methods and conditional use permit processing and the development of the parcel will be subject to the planned development process under the conditional use process and a density of 20 dwelling units per acre shall no be exceeded. d. That under the planned development review and conditional use processing, standards shall be required so that that portion of Meridian Road which is included in the development shall be aesthetically maintained with a 35- foot setback for landscaping. e. That proper and adequate access to the property has not been shown and any development plans will have to show adequate access and will have to meet City requirements and those of the Ada County Highway District; that Blue Heron Lane will have to become a public road to provide adequate access. f. That, as a condition of annexation, the Applicant shall be required to enter into a development agreement as authorized by 11-2-416 L and 11-2-417 D; that the development agreement shall address the following, among other items: 1. Inclusion into the subdivision of the requirements of 11-9-605 C, G., H 2, K, L of the Revised and Compiled Ordinances of the City of Meridian. 2. The comments of the Planning Director, Wayne Forrey, submitted as part of the annexation and zoning process. 3. The Applicant and owners of the property, and if required, any assigns, heirs, executors or personal representatives, pay, when required, any impact development fee or transfer fee adopted by the City. g. That the development of annexed land must meet and comply with the Ordinances of the City of Meridian and in particular Section 11-9-6161, which pertains to development time schedules and requirements, and 11-9-605 M. which pertains to the tiling of ditches and waterways. h. That these conditions shall run with the land and bind the applicant, the titled owners, and their assigns. i. That if these conditions of approval are not met the property shall be subject to de -annexation. j• Meet the requirements and conditions of the Findings of Fact and Conclusions of Law and meet the Ordinances of WOLFE & ASSOCIATES ANNEXATION ORDINANCE Page 4 the City of Meridian. Section 3. That if Applicant shall fail to meet the above conditions the property shall be subject to de -annexation, which conditions subsequent shall run with land and also be personal to the owner and Applicant. Section 4. That the City Clerk shall cause one (1) copy of the legal description, and map, which shall plainly and clearly designate the boundaries of said property, to be filed with the Ada County Recorder, Ada County Assessor, and the State Tax Commission within ten (10) days following the effective date of this Ordinance. Section 5. EFFECTIVE DATE: There being an emergency, which emergency is hereby declared to exist, this Ordinance shall be in full force and effect from and after its passage and approval as required by law. PASSED by the City Council and approved by the Mayor of the City of Meridian, Ada County, Idaho, this / -.L l day of Pester_, 1994. 17GcQhy APPROVED: n MA OR -- GRANT P. KI G RD ATTEST: WILLIAM BERG -- C'ITY CLERK WOLFE & ASSOCIATES ANNEXATION ORDINANCE Page 5 0400` 427 Ar0 .. �EGORDER J.OMVID AVARRO BOISE iD STATE OF IDAHO,) g4 AN! 10 F,H i' s s . County of Ada, ) FELE cST OF I, WILLIAM BERG, City Clerk of the City of Meridian, Ada County, Idaho, do hereby certify that the above and foregoing is a true, full and correct copy of an Ordinance entitled "AN ORDINANCE OF THE CITY OF MERIDIAN ANNEXING AND ZONING CERTAIN REAL PROPERTY WHICH IS DESCRIBED AS A PORTION OF GOVERNMENT LOT 5 OF SECTION 6, T. 3 N., R. 1E., B.M., ADA COUNTY, IDAHO; AND PROVIDING AN EFFECTIVE DATE."; passed as Ordinance No. 990 , b the City Council and Mayor of the City of Meridian, on the day of Qt2GY�t� , 1994, as the same appears in my office. DATED this of �J���GL�r`� 1994. GQ p P 0 rs. r �� I C sa �. STATE OF I County of Ada, ) +NTI , ty Clerk, City of Meridian a County, Idaho On this y th day of January, 1994, before me, the undersigned, a Notary Public in and for said State, personally appeared WILLIAM BERG, known to me to be the person whose name is subscribed to the within and foregoing instrument, and acknowledged that he executed the same. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year in this certificate first above written. �' 01 A SEAL - '� � 8 t , of , 4,,♦. 0 /ary Public "for Idaho tiding at Meridian, Idaho commission expires 08/02/99 WOLFE & ASSOCIATES ANNEXATION ORDINANCE Page 6 403 AMENDED ORDINANCE NO. 630 AN AMENDED ORDINANCE OF THE CITY OF MERIDIAN ANNEXING AND ZONING CERTAIN REAL PROPERTY WHICH IS DESCRIBED .SECTION 6, T.3N, R.1 E, . NORTHEAST CORNER OF MERIDIAN ROAD AND BLUE HERON LANE, ADA COUNTY, IDAHO; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the City~Councit and the-Mayor of the City of Meridian, Idaho, have concluded that it is in the best interest. of said City to annex to the said City real property which is hereinbelow described: A parcel of land being a portion of Govemment Lot 5 of Section 6, T.3N, R.1 E, B.M., Ada County, Idaho, more particularly described as follows: Beginning at the Northwest corner of Section 6, Township 3 North, Range 1 East, Boise Meridian; thence South 00° 16'37" West 2658.23 feet along the Westerly boundary of the. NW 1/4 of said Section 6, also being the centerline of Meridian Road, to the Southwest corner of Government Lot 5 of said Section 6; being the Real Point.. of Beginning; thence leaving said Westerly boundary of Government Lot 5 of Section 6 North $9°34'50" East 951.34 feet along the Southerly boundary of Government Lot 5 of said Section 6 to an iron pin; thence leaving said Southerly boundary of Govemment Lot 5 of Section 6 68°30'07" West 1020.47 feet along the centerline of the Jackson Drain to a point on the Westerly boundary of the NW 1/4 of said Section 6, also being on the centerline of Meridian Road; thence South 00° 16'37" West 380.94 feet along said Westerly boundary of the NW 1!4 ofi Section 6, and centerline of Meridian Road to the Real Point of Beginning NOW, THERFORE, BE'IT ORDAINED by the Mayor and City Council of the City of Meridian, Ada County, Idaho: Section 1. That the-above and referenced real property described as: A parcel of land being a portion of Govemment Lot ~ of Section 6, T.3N, R.1 E, B.M., Ada County, Idaho, more particularly described. as follows: Beginning at the Northwest corner of Section 6, Township 3 North, Range 1 East, Boise Meridian; thence South 00°16'37" West 2658.23 feet along the Westerly boundary of the NW 1/4 of said Section 6, also being the centerline of Meridian Road, to the Southwest corner of Government Lot 5 of said Section 6;. being the. Real Pant of Beginning; thence leaving said Westerly boundary of Governement Lot 5 of Section 6 North 89°34'50"East 951.34 feet along the Southerly boundary of Government Lot 5 of said Section 6 to an iron pin; thence leaving said Southerly boundary of Government Lot 5 of Section 6 North 68°30'07" West 1020:47 feet along the centerline of the Jackson Drain to a point on the Westerly boundary of the NW 1 /4 of said Section 6, also being on the centerline of Meridian Road; WOLFE AMENDED ANNEXATION ORDINANCE PAGE 1 404 thence South 00° 16'37" West 380:94 feet along. said Westerly boundary of the NW 1/4 of Section 6, and centerline of Meridian Road to the Real Point of Beginning is hereby annexed to the City of Meridian, and is zoned R-40 Residential; tha thte F~-40 Residential zone would allow construction of 66 apartment units; that the. annexation and zoning is subject to the conditions referenced in the Findings of Fact and Conclusions of Law as adopted by the Meridian Council on the request for annexation and zoning; that Applicant pay any development fee or transfer fee if adopted by the City of Meridian; that Applicant shall pay any development fee or transfer fee adopted by the City of Meridian as a condition of annexation and if not paid the land shall be de-annexed. Section 2. That the property shall be subject to de-annexation if the owner shall not meet the following requirements: 1. Dedicate 45-feet of right-of--way from the- centerline of Meridian abutting parcel (15 additional feet). The owner will be compensated for this add- itional right-of-way from available impact fee revenues in this. benefit zone. 2. Redesign the access to Meridian Road, in accordance with District policy. If this is not possible, coordinate with the City of Meridian and adjacent properties to redesign the project limiting the access to only Blue Heron Lane. 3. Utility Street cuts in the new pavement on Meridian will not be allowed unless approved by the District Commission. 4. Replace unused curb cuts on Meridian with standard curb, gutter, sidewalk. 5. Coordinate with the City of Meridian and the afftected property owners with access to the street regarding the paving of Blue Heron Lane. 6. Coordinate with the City of Meridian and the Ada Planning Association re- garding the pathway along the Jackson Drain. 7. Pay any development fee or transfer fee adopted by the City of Meridian. 8. Enter into a development agreement as authorized by 11-2-416 L and 11-217 D; that the development agreement shall address, but not be limited to, the inclusion into the subdivision of the requirements of 11-9- 605 C, G, H 2, K, L and the comments of the Planning Director, Wayne Forrey, relating to the lack of adequate recreation facilities, a school site or fees in lieu thereof, and that land be set aside for a future park and relating to development of greenbelts along any canals or drainages within the subdivision. 9. Meet the requirements and conditions of the Findings of Fact and Conclusions of Law and meet the Ordinances of the City of Meridian. Section 3. That if the Applicant shall fail to meet the above conditions the property shall be subject to de-annexation, which conditions subsequent shall run with land and also be personal to the owner and Applicant. Section 4. That the City Clerk shall cause one (1) copy of the legal. description, and map, which shall plainly and clearly designate the boundaries of said property, to be filed with the Ada County Recorder, Ada County Assessor, and the State Tax Commission within ten (10) days following the effective date of this Ordinance. WOLFE AMENDED ANNEXATION ORDINANCE PAGE 2 405 Section 5. EFFECTIVE DATE: There being an emergency, which emergency is hereby' declared to exist, this Ordinance sha!I be in full force and effect-from and after its passage and approval as required by law. PASSED by the City Council and approved by the Mayor of the City of Meridian, Ada County, Idaho, this 7th day of June, 1994. APPROVED: G NT P. KINGSF R AYOR ATTEST: WILLIAM G. BERG; JR.; ~ ERK- WOLFE AMENDED ANNEXATIOht ORDINANCE , PAGE 3 AMENDED ORDINANCE NO. 630 AN AMENDED ORDINANCE OF THE CITY OF MERIDIAN ANNEXING AND ZONING CERTAIN REAL PROPERTY WHICH IS DESCRIBED AS A PORTION OF GOVERNMENT LOT 5 OF SECTION 6, T. 3N., R. 1E., B.M., ADA COUNTY, IDAHO; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the City Council and the Mayor of the City of Meridian, Idaho, have concluded that it is in the best interest of said City to annex to the said City real property which is hereinbelow described: A parcel of land being a portion of Government Lot 5 of Section 6, T. 3N., R.1E., B.M., Ada County, Idaho, more particularly described as follows: Beginning at the Northwest corner of Section 6, Township 3 North, Range 1 East, Boise Meridian; thence South 00°16'37" West 2658.23 feet along the Westerly boundary of the N/W a of said Section 6, also being the centerline of Meridian Road, to the Southwest corner of Government Lot 5 of said Section 6; being the Real Point of Beginning; thence leaving said Westerly boundary of Government Lot 5 of Section 6 North 89 ° 34 ' 50 " East 951.34 feet along the Southerly boundary of Government Lot 5 of said Section 6 to an iron pin; thence leaving said Southerly boundary of Government Lot 5 of Section 6 North 00017'35" East 624.66 feet along the Easterly boundary cf Government Lot 5 of said Section 6 to an iron pin; thence leaving said Easterly boundary of Government Lot 5 of Section 6 North 66047,10" West 37.03 feet to an iron pin; thence South 00009'50" West 72.74 feet to an iron pin; thence North 89050,10" West 1031.67 feet to an iron pin on the Easterly right-of-way line of Meridian Road; thence South 00010-'37" West 206.33 feet along the Easterly right-of-way line of said Meridian Road and 25.00 feet Easterly of and parallel to the Westerly WOLFE AMENDED ANNEXATION ORDINANCE - Page 1 boundary of Governmf=_nt Lot 5 of said Section 6 to an iron pin; thence leaving said Meridian Road right-of-way South 60°30'07" East 993.65 feet along the centerline of the Jackson Drain to thE' point of beginning, comprising 10.10 acres, more or less. NOW, THEREFORE, BE IT ORDAINED by the Mayor and City Council of the City of Meridian, Ada County, Idaho: Section 1. That the above and referenced real property described as: A parcel of land being a portion of Government Lot 5 of Section 6, T. 3N., R.lE., B.M., Ada County, Idaho, more particularly described as follows: Beginning at the Northwest corner of Section 6, Township 3 North, Range 1 East, Boise Meridian; thence South 00°16'37" West 2658.23 feet along the Westerly boundary of the N/W o of said Section 6, also being the centerline of Meridian Road, to the Southwest corner of Government Lot 5 of said Section 6; being the Real Point of Beginning; thence leaving said Westerly boundary of Government Lot 5 of Section 6 North 89°34'50" East 951.34 feet along the Southerly boundary of Government Lot 5 of said Section 6 to an iron pin; thence leaving said Southerly boundary of Government Lot 5 of Section 6 North 00°17'35" East 624.66 feet along the Easterly boundary cf Government Lot 5 of said Section 6 to an iron pin; thence leaving said Easterly boundary of Government Lot 5 of Section 6 North 66°47' 10" West 37.03 feet to an iron pin; thence South 00°09150" West 72.74 feet to an iron pin; thence North 89*50,10" West 1031.67 feet to an iron pin on the Easterly right-of-way line of Meridian Road; thence South 00°16137" West 206.33 feet along the Easterly right-of-way line of said Meridian Road and WOLFE AMENDED ANNE:XATIOE ORDINANCE - Page 2 25.00 feet Easterly of and parallel to the Westerly boundary of Government Lot 5 of said Section 6 to an iron pin; thence leaving said Meridian Road right-of-way South 60°30'07" East 993.65 feet along the centerline of the Jackson Drain to the point of beginning, comprising 10.10 acres, more or less. is hereby annexed to the City of Meridian, and is zoned R-40 Residential; that the R-40 Resi dent i nl 17„no ,.,,.,,, a _, , ___ construction of 66 apartment units; that the annexation and zoning is subject to the conditions referenced in the Findings of Fact and Conclusions of Law as adopted by the Meridian Council on the request for annexation and zoning; that Applicant pay any development fee or transfer fee if adopted by the City of Meridian; that Applicant shall pay any development fee or transfer fee adopted by the City of Meridian as a condition of annexation and if not paid the land shall be de -annexed. Section 2. That the property shall be subject to de - annexation if the owner shall not meet the following requirements: 1. Dedicate 45-feet of right-of-way from the centerline of Meridian abutting parcel (15 additional feet). The owner will be compensated for this additional right-of-way from available impact fee revenues in this benefit zone. 2. Redesign the access to Meridian Road, in accordance with District: policy. If this is not possible, coordinate with the City of Meridian and adjacent properties to redesign the project limiting the access to only Blue Heron Lane. 3. Utility street cuts in the new pavement on Meridian will not be allowed unless approved by the District Commission. 4. Replace unused curb cuts on Meridian with standard curb, gutter and sidewalk. 5. Coordinate with the City of Meridian and the affected property owners with access to the street regarding the paving of Blue Heron Lane. WOLFE AMENDED ANNEXATION ORDINANCE - Page 3 6. Coordinate with the City of Meridian and the Ada Planning Association — regarding the pathway along the Jackson Drain. 7. Pay any development fee or transfer fee adopted by the City of Meridian. 8. Enter into a development agreement as authorized by 11-2- 416 L and 11-2-417 D; that the development agreement shall address, but not be limited to, the inclusion into the subdivision of the requirements of 11-9-605 C., G., H. 2, K., L. and the comments of the Planning Director, Wayne Forrey, relating to the lack of adequate recreation facilities, a school site or fees in lieu thereof, and that land be set a side for a future park and relating to development of greenbelts along any canals or drainages within the subdivision. 9. Meet the requirements and conditions of the Findings of Fact and Conclusions of Law and meet the Ordinances of the City of Meridian. Section 3. That if Applicant shall fail to meet the above conditions the property shall be subject to de -annexation, which conditions subsequent shall run with land and also be personal to the owner and Applicant. Section 4. That the City Clerk shall cause one (1) copy of the legal description, and map, which shall plainly and clearly designate the boundaries of said property, to be filed with the Ada County Recorder, Ada County Assessor, and the State Tax Commission within ten (10) days following the effective date of this Ordinance. Section 5. EFFECTIVE DATE: There being an emergency, which emergency is hereby declared to exist, this Ordinance shall be in full force and effect from and after its passage and approval as required by law. WOLFE AMENDED ANNEXATION ORDINANCE - Page 4 PASSED by the City Council and approved by the Mayor of the City of Meridian, Ada County, Idaho, this / th day of n e- r 1994. ATTEST: CITY CLERK -- STATE OF IDAHO,) . ss. County of Ada, ) BERG APPROVED: 1?1GRANT PJ-KING• : i ry twLAL 1 cJ� 4�T l,ti• �� I, WILLIAM BERG, City Clerk of the City of Meridian, Ada County, Idaho, do hereby certify that the above and foregoing is a true, full and correct COPY of an Ordinance entitled "AN AMENDED ORDINANCE OF THE CITY OF MERIDIAN ANNEXING AND ZONING CERTAIN REAL PROPERTY WHICH IS DESCRIBED AS A PORTION OF GOVERNMENT LOT 5 OF SECTION 6, T. 3N., R. 1E., B.M., ADA COUNTY, IDAHO; AND PROVIDING AN EFFECTIVE DATE."; passed as Amended Ordinance No. 630, by the City Council and Mayor of the City of Meridian, on the 7th day of June, 1994, as the same appears in my office. DATED this 7�6 day of �G,7,X 1994. i City Clerk, City of Me idian Ada County, Idaho WOLFE AMENDED ANNEXATION ORDINANCE - Page 5 E STATE OF IDAHO,) . ss. County of Ada, ) On this 7 th day of June 1994, before me, the undersigned, a Notary Public in and for said State, personally appeared WILLIAM BERG, known to me to be the person whose name is subscribed to the within and foregoing instrument, and acknowledged that he executed the same. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year in this certificate first above written. �aaraaa¢,a� d SEALI A P tj fillet Public' for Idaho ng at Meridian, Idaho fission expires 08/02/99 1911 JON .��{ Ff1947 . FEE orJ REC01.%,- F WOLFE AMENDED ANNEXATION ORDINANCE - Page 6 ORDINANCE NO. 630 AN ORDINANCE OF THE CITY OF MERIDIAN ANNEXING AND ZONING CERTAIN REAL PROPERTY WHICH IS DESCRIBED AS A PORTION OF GOVERNMENT LOT 5 OF SECTION 6, T.3 N., R. 1E., B.M., ADA COUNTY, IDAHO; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the City Council and the Mayor of the City of Meridian, Idaho, have concluded that it is in the best interest of said City to annex to the said City real property which is hereinbelow described: A parcel of land being a portion of Government Lot 5 of Section 6, T. 3N., R. 1E., B.M., Ada County, Idaho, more particularly described as follows: Beginning at the Northwest corner of Section 6, Township 3 North, Range 1 East, Boise Meridian; thence South 00 16'37" West 2658.23 feet along the Westerly boundary of the N/W 1/4 of said Section 6, also being the centerline of Meridian Road, to the Southwest corner of Government Lot 5 of said Section 6; thence leaving said Westerly boundary of Government Lot 5 of Section 6 North 89 34'50" East 25.00 feet along the Southerly boundary of Government Lot 5 of said Section 6 to an iron pin on the Easterly right-of-way line of Meridian Road; thence leaving the said Easterly right-of-way line of Meridian Road and continuing North 89 34'50" East 926.34 feet along the Southerly boundary of Government Lot 5 of said Section 6 to an iron pin, said pin being the REAL POINT OF BEGINNING; thence continuing North 89 34'50" East 139.19 feet along the Southerly boundary of Government Lot 5 of said Section 6 to an iron pin marking the Southeast corner of Government Lot 5 of said Section 6; thence leaving said Southerly boundary of Government Lot 5 of Section 6 North 00 17'35" East 624.66 feet along the Easterly boundary of Government Lot 5 of said Section 6 to an iron pin; thence leaving said Easterly boundary of Government Lot WOLFE & ASSOCIATES ANNEXATION ORDINANCE PAGE 1 5 of Section 6 North 66 47'10" West 37.03 feet to an iron pin; thence South 00 09'50" West 72.74 feet to an iron pin; thence North 89 50'10" West 1031.67 feet to an iron pin on the Easterly right-of-way line of Meridian Road; thence South 00 16'37" West 206.33 feet along the Easterly right-of-way line of said Meridian Road and 25.00 feet easterly of and parallel to the Westerly boundary of Government Lot 5 of said Section 6 to an iron pin; thence leaving said Meridian Road right-of-way South 60 30'07" East 993.65 feet along the centerline of the Jackson Drain to the point of beginning, comprising 10.10 acres, more or less. NOW, THEREFORE, BE IT ORDAINED by the Mayor and City Council of the City of Meridian, Ada County, Idaho: SECTION 1: That the above and referenced real property described as: A parcel of land being a portion of Government Lot 5 of Section 6, T. 3N., R. 1E., B.M., Ada County, Idaho, more particularly described as follows: Beginning at the Northwest corner of Section 6, Township 3 North, Range 1 East, Boise Meridian; thence South 00 16'37" West 2658.23 feet along the Westerly boundary of the NW 1/4 of said Section 6, also being the centerline of Meridian Road, to the Southwest corner of Government Lot 5 of said Section 6; thence leaving said Westerly boundary of Government Lot 5 of Section 6 North 89 34'50" East 25.00 feet along the Southerly boundary of Government Lot 5 of said Section 6 to an iron pin on the Easterly right-of-way line of Meridian Road; thence leaving the said Easterly right-of-way line of Meridian Road and continuing North 89 34'50" East 926.34 feet along the Southerly boundary of Government Lot 5 of said Section 6 to an iron pin, said pin being the REAL POINT OF BEGINNING; WOLFE & ASSOCIATES ANNEXATION ORDINANCE PAGE 2 thence continuing North 89 34'50" East 139.19 feet along the Southerly boundary of Government Lot 5 of said Section 6 to an iron pin marking the Southeast corner of Government Lot 5 of said Section 6; thence leaving said Southerly boundary of Government Lot 5 of Section 6 North 00 17'35" East 624.66 feet along the Easterly boundary of Government Lot 5 of said Section 6 to an iron pin; thence leaving said Easterly boundary of Government Lot 5 of Section 6 North 66 47'10" West 37.03 feet to an iron pin; thence South 00 09'50" West 72.74 feet to an iron pin; thence North 89 50'10" West 1031.67 feet to an iron pin on the Easterly right-of-way line of Meridian Road; thence South 00 16'37" West 206.33 feet along the Easterly right-of-way line of said Meridian Road and 25.00 feet Easterly of an parallel to the Westerly boundary of Government Lot 5 of said Section 6 to an iron pin; thence leaving said Meridian Road right-of-way South 68 30'07" East 993.65 feet along the centerline of the Jackson Drain to the point of beginning, comprising 10.10 acres, more or less. is hereby annexed to the City of Meridian, and is zoned R-40 Residential; that the reason for the R-40 zoning is to allow construction of 66 apartment units on the parcel of 3.9 acres; that the annexation and zoning is subject tot he conditions referenced in the Findings of Fact and Conclusions of Law as adopted by the Meridian Council on the request for annexation and zoning; that Applicant shall pay any impact development fee or transfer fee adopted by the City of Meridian as a condition of annexation and if not paid the land shall be de-annexed. SECTION 2: That the property shall be subject to de- annexation if the owner shall not meet the following requirements: WOLFE & ASSOCIATES ANNEXATION ORDINANCE PAGE 3 a. That the Applicant will be required to connect to Meridian water and sewer and resolve how the water and sewer mains will serve the land. b. That the development of the property shall be subject to and controlled by the Subdivision and Development Ordinance and the Meridian Comprehensive Plan adopted January 4, 1994. c. That all development requests will be subject to planned development methods and conditional use permit processing and the development of the parcel will be subject to the planned development process under the conditional use process and a density of 20 dwelling units per acre shall not be exceeded. d. That under the planned development review and conditional use processing, standards shall be required so that the portion of Meridian Road which is included in the development shall be aesthetically maintained with a 35- foot setback for landscaping. e. That proper and adequate access to the property has not been shown and development plans will have to show adequate access and will have to meet City requirements and those of the Ada County Highway District; that Blue Heron Lane will have to become a public road to provide adequate access. f. That, as a condition of annexation, the Applicant shall be required to enter into a development agreement as authorized by 11-2-416 L and 11-2-417 D; that the development agreement shall address the following, among other items: 1. Inclusion into the subdivision of the requirements of 11-9-605 C, g., H 2, K, L of the Revised and Compiled Ordinances of the City of Meridian. 2. The comments of the Planning Director, Wayne Forrey, submitted as part of the annexation and zoning process. 3. The Applicant and owners of the property, and it required, and assigns, heirs, executors or personal representatives, pay, when required, any impact development fee or transfer fee adopted by the City. g. That the development of annexed land must meet and comply with the Ordinances of the City of Meridian and in particular Section 11-9-616, which pertains to development schedules and requirements, and 11-9-605 M. which pertains to the tiling of ditches and waterways. h. That these conditions shall run with the land and bind applicant, the titled owners, and their assigns. i. That if these conditions of approval are not met the property shall be subject to de-annexation. j. Meet the requirements and conditions of the Findings of Fact and Conclusions of Law and meet the Ordinances of WOLFE & ASSOCIATES ANNEXATION ORDINANCE Page 4 the City of Meridian. Section 3: That is Applicant shall fail to meet the above conditions the property shall be subject to de-annexation, which conditions subsequent shall run with land and also be personal to the owner and Applicant. Section 4: That the City Clerk shall cause one (1) copy of the legal description, and map, which shall plainly and clearly designate the boundaries of said property, to be filed with the Ada County Recorder, Ada County Assessor, and the State Tax Commission with ten (10) days following the effective date of this Ordinance. Section 5: EFFECTIVE DATE: There being an emergency, which emergency is hereby declared to exist, this Ordinance shall be in gull force and effect from and after its passage and approval as required by law. PASSED by the City Council and approved by the Mayor of the City of Meridian, Ada County, Idaho, this 4th day of January, 1994. APPROVED: MAYOR, GRANT P. KINGSFORD ATTEST: WILLIAM G. BERG, JR., CITY CLERK WOLFE & ASSOCIATES ANNEXATION ORDINANCE Page 5 333 AMENDED ORDINANCE NO. 630 AN AMENDED ORDINANCE OF THE CITY OF MERIDIAN ANNEXING AND ZONING CERTAIN REAL PROPERTY WHICH IS DESCRIBED AS A PORTION OF GOVERNMENT LOTS OF SECTION 6, 7.3N, R.1 E, B.M:, ADA COUNTY, IDAHO; AND PROVIDfNG AN EFFECTIVE DATE. WHEREAS, the City Council and the Mayor of the City of Meridian, Idaho, have concluded that it is in the best interest of said City to annex to the said City real property which is hereinbelow described: A parcel of land being a portion of Govemment Lot 5 of Section 6, T.3N, R.1 E, B.M., Ada County, Idaho, more particularly described as follows: Beginning at the Northwest corner of Section 6, Township 3 North, Range 1 East, Boise Meridian;...: thence South 00°16'37" West 2658.23 feet along the Westerly boundary of the NW 1/4 of said Section 6, also being the. centerline of Meridian Road, to the Southwest corner. of Government Lot 5 of said Section 6; -being the Real Point of Beginning; thence leaving said Westerly boundary of Government Lot 5 of Section 6 North 89°34'50" East 951.34 feet along the Southerly boundary of Government Lot 5 of said Section 6 to an iron pin;, thence leaving said Southerly boundary of Govemment Lot 5 of Section 6 00° 17'35" East 624:66 feet along he Easterly boundary of Government Lot 5 of said Section 6 to an iron pin; thence leaving said Easterly boundary of Government Lot 5 of Section 6 North 66°47'10" West 37:03 feet to an iron pin; thence South 00°09'50"-West 72.74 feet to an iron pin; thence North 89°50'10" West 1031..67 feet to an iron pin on the Easterly right-of- way line of Meridian Road; thence South 00°16'37" West 206.33 feet along the Easterly right-of-way line of said Meridian Road and 25.00 feet Easterly of and parallel to the Westerly boundary of Government Lot 5 of said Section 6 to an iron pin; thence leaving said Meridian Road right-of-way South 60°30'07" East 993.65 feet along the centerline of the Jackson Drain to the point of beginning, comprising 10.10 acres, more or less. NOW, THERfORE, BE IT ORDAINED by the Msyor and City Council of the City of Meridian, Ada County, Idaho Section 1. That the above and .referenced real property described as: A parcel of land being a portion of Govemment Lot 5 of Section 6, T.3N, R.1 E, B.M., Ada County, Idaho, more particular-ly described as follows: Beginning at the Northwest corner of Section 6, Township 3 North, Range 1 East, Boise Meridian; thence South 00°16'37" West.2658.23 feet along the Westerly boundary of the NW WOLFE AMENDED ANNEXATION ORDINANCE PAGE 1 334 1/4 of said Section 6, also being the :centerline of Meridian Road, to the Southwest corner of Government Lot 5 of said Section 6; being the Real Point of Beginning; thence leaving said Westerly boundary of. Governement Lot 5 of Section 6 North 89°34'50" East 951.34 feet along the Southerly boundary of Government Lot 5 of said Section 6 to an iron pin; thence leaving said Southerly boundary of Government Lot 5 of Section 6 North 00° 1 T35"East 624.66 feet along the Easterly boundary of Government Lot 5 of said Section 6 to an iron pin; thence leaving said Easterly boundary of Government Lot 5 of Section 6 North 66°4T10" West 37.03 feet to an iron pin; thence South 00°09'50" West 72.74 feet to an iron pin; thence North 89°50'10" West 1031.67 feet to an iron pin on the Easterly right-of- way line of Meridian Road; thence South 00°16'37" West 206.33 feet along the Easterly right-of-way line of said Meridian Road and 25.00 feet Easterly of and parallel to the Westerly boundary of Government Lot 5 of said Section 6 to an iron pin; thence leaving said .Meridian Road right-of~way South 60°30'07" East 993.65 feet along the centerline of the Jackson Drain to the point of beginning, comprising 10.10 acres, more or less. is hereby annexed to the City of Meridian, and is zoned R-40 Residential; tha thte R-40 Residential zone would allow construction of 66 apartment units; that the annexation and zoning is subject to the conditions referenced in the Findings of Fact and Conclusions of Law as adopted by the Meridian Council on the request -for annexation and zoning; that Applicant.. pay. any development fee or transfer fee. if adopted by the City of Meridian; that Applicant shall pay any development fee or transfer fee adopted by the City of Meridian as a condition of annexation and if not paid the land shah be de-annexed. Section 2. That the property shall be subject to de-annexation if the owner shall not meet the following requirements: 1. Dedicate 45-feet of right-of-way from the centerline of Meridian abutting parcel (15 additional feet). The owner will be compensated for this add- itional right-of--way from available impact fee revenues in this benefit zone. 2. Redesign the access to Meridian Road, in accordance with District policy. If this is not possible, coordinate with the City of Meridian and adjacent properties to redesign the project limiting the access to only Blue Heron Lane. 3. Utility Street cuts in the new pavement on Meridian will not be allowed unless approved by the District Commission.. 4. Replace unused curb cuts on Meridian with standard curb, gutter, sidewalk. 5. Coordinate with the City of Meridian and the afftected property owners with access to the street regarding the paving of Blue Heron Lane. 6. Coordinate with the City of Meridian and the Ada Planning Association re- garding the pathway along the Jackson Drain. WOLFE AMENDED ANNEXATION ORDINANCE PAGE 2 335 7. Pay any development fee or transfer fee adopted by the City of Meridian. 8. Enter into a development agreement as authorized by 11-2-416 L and 11-2-417 D; that the development agreement shall address, but not be limited to, the inclusion into the subdivision of the requirements of 11-9- 605 C, G, H 2, K, L and the comments of the Planning Director, Wayne Forrey, relating to the lack of adequate recreation facilities, a school site or fees in lieu thereof, and that land be set aside for a future park and relating to development of greenbelts along any canals or drainages within the subdivision. 9. Meet the requirements and conditions of the Findings of Fact and Conclusions of Law and meet the Ordinances of the City of Meridian. Section 3. That if the Applicant shall fail to meet the above conditions the property shall be subject to de-annexation, which conditions subsequent shall run with land and also be personal to the owner and Applicant. Section 4. That the City Clerk shall cause one (1) copy of the legal description, and map, which shall plainly and clearly designate the boundaries of said property, to be filed with the Ada County Recorder, Ada County Assessor, and the State Tax Commission within ten (10) days following the effective date of this Ordinance. Section 5. EFFECTIVE DATE: There being an emergency, which emergency is hereby declared to exist, this Ordinance shall be in full force and effect from and after its passage and approval as required by law. PASSED by the City Council and approved by the Mayor of the City of Meridian, Ada County, Idaho, this 7th day of June, 1994. APPROVED: NT P. KIN SF R YOR ATTEST: WILLIAM G. BERG, JR., LERK WOLFE AMENDED ANNEXATION ORDINANCE PAGE 3 AMENDED ORDINANCE NO. 630 AN AMENDED ORDINANCE OF THE CITY OF MERIDIAN ANNEXING AND ZONING" CERTAIN REAL PROPERTY WHICH IS DESCRIBED SECTION 6, T 3 N., R I E. NORTHEAST CORNER OF MERIDIAN ROAD AND BLUE HERON LANE , ADA COUNTY, IDAHO; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the City Council and the Mayor of the City of Meridian, Idaho, have concluded that it is in the best interest of said City to annex to the said City real property which is hereinbelow described: A parcel of land being a portion of Government Lot 5 of Section 6, Township 3 North, Range 1 East, Boise Meridian, Ada County, Idaho, more particularly described as follows: Beginning at the Northwest corner of Section 6, Township 3 North, Range 1 East, Boise Meridian; thence South 00*16137" West 2658.23 feet along the Westerly boundary of the NW 1/4 of said Section 6, also being the centerline of Meridian Road, to the Southwest corner of Government Lot 5 of said Section; being the Real Point of Beginning; thence leaving said Westerly boundary of Government Lot 5 of Section 6 North 89°34'50" East 951.34 feet along the Southerly boundary of Government Lot 5 of said Section 6 to an iron pin; thence leaving said Southerly boundary of Government Lot 5 of Section 6 North 68°30'07" West 1020.47 feet along the centerline of the Jackson Drain to a point on the Westerly boundary of the NW 1/4 of said Section 6, also being on the centerline of Meridian Road; thence South 00016'37" West 380.94 feet along said Westerly boundary of the NW 1/4 of Section 6, and centerline of Meridian Road to the Real Point of Beginning. NOW, THEREFORE, BE IT ORDAINED by the Mayor and City Council of the City of Meridian, Ada County, Idaho: WOLFE AMENDED ANNEXATION ORDINANCE - Page 1 Section 1. That the above and referenced real property described as: A parcel of land being a portion of Government Lot 5 of Section 6, Township 3 North, Range 1 East, Boise Meridian, Ada County, Idaho, more particularly described as follows: Beginning at the Northwest corner of Section 6, Township 3 North, Range 1 East, Boise Meridian; thence South 00*16137" West 2658.23 feet along the Westerly boundary of the NW 1/4 of said Section 6, also being the centerline of Meridian Road, to the Southwest corner of Government Lot 5 of said Section; being the Real Point of Beginning; thence leaving said Westerly boundary of Government Lot 5 of Section 6 North 89134150" East 951.34 feet along the Southerly boundary of Government Lot 5 of said Section 6 to an iron pin; thence leaving said Southerly boundary of Government Lot 5 of Section 6 North 68°30'07" West 1020.47 feet along the centerline of the Jackson Drain to a point on the Westerly boundary of the NW 1/4 of said Section 6, also being on the centerline of Meridian Road; thence South 00°16'37" West 380.94 feet along said Westerly boundary of the NW 1/4 of Section 6, and centerline of Meridian Road to the Real Point of Beginning. is hereby annexed to the City of Meridian, and is zoned R-40 Residential; that the R-40 Residential zone would allow construction of 66 apartment units; that the annexation and zoning is subject to the conditions referenced in the Findings of Fact and Conclusions of Law as adopted by the Meridian Council on the request for annexation and zoning; that Applicant pay any development fee or transfer fee if adopted by the City of Meridian; that Applicant shall pay any development fee or transfer fee WOLFE AMENDED ANNEXATION ORDINANCE - Page 2 adopted by the City of Meridian as a condition of annexation and if 1*--1 not paid the land shall be de -annexed. Section 2. That the property shall be subject to de - annexation if the owner shall not meet the following requirements: 1. Dedicate 45-feet of right-of-way from the centerline of Meridian abutting parcel (15 additional feet). The owner will be compensated for this additional right-of-way from available impact fee revenues in this benefit zone. 2. Redesign the access to Meridian Road, in accordance with District policy. If this is not possible, coordinate with the City of Meridian and adjacent properties to redesign the project limiting the access to only Blue Heron Lane. 3. Utility street cuts in the new pavement on Meridian will not be allowed unless approved by the District Commission. 4. Replace unused curb cuts on Meridian with standard curb, gutter and sidewalk. 5. Coordinate with the City of Meridian and the affected property owners with access to the street regarding the paving of Blue Heron Lane. 6. Coordinate with the City of Meridian and the Ada Planning Association regarding the pathway along the Jackson Drain. �.. 7. Pay any development fee or transfer fee adopted by the City of Meridian. 8. Enter into a development agreement as authorized by 11-2- 416 L and 11-2-417 D; that the development agreement shall address, but not be limited to, the inclusion into the subdivision of the requirements of 11-9-605 C., G., H. 2, K., L. and the comments of the Planning Director, Wayne Forrey, relating to the lack of adequate recreation facilities, a school site or fees in lieu thereof, and that land be set a side for a future park and relating to development of greenbelts along any canals or drainages within the subdivision. 9. Meet the requirements and conditions of the Findings of Fact and Conclusions of Law and meet the Ordinances of the City of Meridian. Section 3. That if Applicant shall fail to meet the above conditions the property shall be subject to de -annexation, which conditions subsequent shall run with land and also be personal to the owner and Applicant. WOLFE AMENDED ANNEXATION ORDINANCE - Page 3 Section 4 . That the City Clerk shall cause one (1) copy of the legal description, and map, which shall plainly and clearly designate the boundaries of said property, to be filed with the Ada County Recorder, Ada County Assessor, and the State Tax Commission within ten (10) days following the effective date of this Amended Ordinance. Section 5. EFFECTIVE DATE: There being an emergency, which emergency is hereby declared to exist, this Amended Ordinance shall be in full force and effect from and after its passage and approval as required by law. PASSED by the City Council and approved by the Mayor of the City of Meridian, Ada County, Idaho, this C th day of �ece 1994. APPROVED: MA R -- GRANT P. ING F D ATTEST: CITY CLERK WILLIAM'BERG WOLFE AMENDED ANNEXATION ORDINANCE - Page 4 STATE OF IDAHO,) . ss. County of Ada, ) I, WILLIAM BERG, City Clerk of the City of Meridian, Ada County, Idaho, do hereby certify that the above and foregoing is a true, full and correct copy of an Ordinance entitled "AN AMENDED ORDINANCE OF THE CITY OF MERIDIAN ANNEXING AND ZONING CERTAIN REAL PROPERTY WHICH IS DESCRIBED A PORTION OF SECTION 6, T. 3N., R. 1E.I B.M., ADA COUNTY, IDAHO; AND PROVIDING AN EFFECTIVE DATE"; passed as Amended Ordinance No. 630 by the City council and Mayor of the City of Meridian, on the 4 day of 1994, as the same appears in my office. ' DATED this day of C��-P�c b..el- 1994. S TA County of Ada, ) ss. City Clerk, City of `Meridian Ada County, Idaho On this 6, th day of �r • f,,., 6 P1994, before me, the undersigned, a Notary Public in and for said1State, personally appeared WILLIAM BERG, known to me to be the person whose name is subscribed to the within and foregoing instrument, and acknowledged that he executed the same. IN WITNESS WHEREOF, I have hereunto set my hand and of fixed my official seal the day and year in this certificate first above written. ` f's II It I#t,% �E L. SEAL �aIAn� �� e ��� �xo e $ ••••I1111111j11� a y Public for Idaho ding at Meridian, Idaho ly WOLFE AMENDED ANNEXATION ORDINANCE - Page 5 I I I I I ' 1 3 [1J2 3 4 5 E. 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