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HomeMy WebLinkAbout631 The Landing Subdivision No. 7 ~ L~jp:"lr .tf;. 7 ORDINANCE NO. 63/ ORIGINAL AN ORDINANCE OF THE CITY OF MERIDIAN ANNEXING AND ZONING CERTAIN REAL PROPERTY WHICH IS DESCRIBED AS A TRACT OF LAND IN THE NORTHWEST ~ OF SECTION 13, T.3N., R.IW, 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 Tract of land in the NW~ of Section 13, T. 3N., R.1W., B.M., Ada County, Idaho, lying Southerly of the center- line of the Kennedy lateral, being more particularly described as follows: Beginning at the W~ section corner of Section 13, T. 3 N., R. 1W., B.M., Ada County, Idaho; thence North along the West side of said Section 13, 707.93 feet to a point on the center-line of the Kennedy Lateral; thence S.56005'05" E. along said center-line 192.55 feet to a steel pin; thence S. 77024'50" E. along said center-line, 98.02 feet to a steel pin; thence S. 81030'05" E. along said center-line, 597.89 feet to a steel pin; thence S. 60042'35" E. along said center-line, 164.23 feet to a steel pin; thence South parallel to the West side of said Section 13, 412.39 feet to a steel pin on the mid-section line; thence N. 89053'10" W. along said mid-section line, 990 feet to the place of beginning. 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 JOHNSON ANNEXATION ORDINANCE Page 1 , . described as: A tract of land in the NW~ of Section 13, T. 3 N., R. 1 W., B.M., Ada County, Idaho, lying Southerly of the center-line of the Kennedy Lateral, being more particularly described as follows: Beginning at the W~ section corner of Section 13, T. 3N., R. 1 W., B.M., Ada County, Idaho; thence North along the West side of said Section 13, 707.93 feet to a point on the center-line of the Kennedy Lateral; thence S. 56005'05" E. along said center-line 192.55 feet to a steel pin; thence S. 77024'50" E. along said center-line, 98.02 feet to a steel pin; thence S. 81030'05" E. along said center-line, 597.89 feet to a steel pin; thence S. 60042'35" E. along said center-line, 164.23 feet to a steel pin; thence South parallel to the West side of said Section 13, 412.39 feet to a steel pin on the mid-section line; thence N. 89053;10" W. along said mid-section line, 990 feet to the place of beginning. Said tract contains 12.46 acres more or less, subject to easements of record or in use. Together with all water, water rights, ditches and ditch rights-of way appurtenant thereto or connected therewith. is hereby annexed to the City of Meridian, and is zoned R-4 Residential; that the reason for the R-4 zoning is to allow a residential development of 52 lots on the parcel which would be an approximate density of 3.5 dwelling units per acre, which would be allowed in the R-4 Residential zone; 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 JOHNSON ANNEXATION ORDINANCE Page 2 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 subj ect to de- annexation if the owner shall not meet the following requirements: 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 Ordinances and the Meridian Comprehensive Plan adopted January 4, 1994. c. That proper and adequate access to the property will have to show adequate access and will have to meet City requirements and those of the Ada County Highway District. d. 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, shall pay when required, any development fee or transfer fee adopted by the City. e. 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. f. That these conditions shall run with the land and bind the applicant, the titled owners, and their assigns. g. That if these conditions of approval are not met the property shall be subject to de-annexation. h. Meet the requirements and conditions of the Findings of Fact and Conclusions of Law and meet the Ordinances of the City of Meridian. JOHNSON ANNEXATION ORDINANCE Page 3 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 ~th day of January, 1994. APPROVED: ~ '-f> ~fJ OR -- GRANT P. I RD ATTEST: J~~b~ CITY CLERK -- WIL AM BERG JOHNSON ANNEXATION ORDINANCE Page 4 . jt It. STATE OF IDAHO,) SSe 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 TRACT OF LAND IN THE NW~ OF SECTION 13, T. 3N., R. IW, B.M., ADA COUNTY, IDAHO; AND PROVIDING AN EFFECTIVE DATE"; passed as Ordinance No. 613-1 ,by the Cit~ ,Souncil and M~or of the City of Meridian, on the ~ day of ~ak~Qro/ , 1994, as the same appears in my office. '-J DATED this ~ da ;Jti AUt2f-1 . V " f . ~~C\~ -(j",-\b, ....1. .# ~ ... .... . Afto f'" Ot.'''I~'~ 1'."f&'0~~ ;~ C,) f.;""'~ -- "'o'tt 7' \ :' i'" ~ f:" ~i ~ ~ &- . ty Clerk, City '* 3:> ~'J' ~~ H fL g:~, a County, Idaho ~. ,'~ Oc''1 r,t '.9 v"''"'" 'rJ pI' 1 'L\iP) ../2 A -'Y [Js"';<<::J;';P . ~'{7 County of Ada, ) . O#J.'fH'f I m;~:} ~~ On this ~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. , 1994. STATE OF IDAH IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year in this certificate first above written. ....~..J~~H".....-=~"'.. ..;<~:~(~,': 1. ,-. ~ ~"'..... '" ,:: ' N tary Public for Idaho esiding at Meridian, Idaho ly commission expires 08/02/99 SEAL 9 Y Day Y 2 8 ("; (~ - ;.; ," ~. 1 f."' \: ~cJ (.:." i~.~ ~~.. f\ D I, C C: ~ COR D E R \1/ j~')O .. .'.1, t;, f} " .... ',. ';'~{; /, '.. ,/:- lill ,." 'i.':.~...'~ gfnnnP~ JOHNSON ANNEXATION ORDINANCE ORDINANCE NO. ORIGINAL AN ORDINANCE OF THE CITY OF MERIDIAN ANNEXING AND ZONING CERTAIN REAL PROPERTY WHICH IS DESCRIBED AS A TRACT OF LAND IN THE NORTHWEST ; OF SECTION 13, T.3N., R.1W, 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 Tract of land in the NW; of Section 13, T. 3N., R.1W., B.M., Ada County, Idaho, lying Southerly of the center- line of the Kennedy lateral, being more particularly described as follows: Beginning at the WQ section corner of Section 13, T. 3 N., R. 1W., B.M., Ada County, Idaho; thence North along the West side of said Section 13, 707.93 feet to a point on the center -line of the Kennedy Lateral; thence S.56°05'05" E. along said center -line 192.55 feet to a steel pin; thence S. 77*24,50" E. along said center -line, 98.02 feet to a steel pin; thence S. 81°30'05" E. along said center -line, 597.89 feet to a steel pin; thence S. 60*42135" E. along said center -line, 164.23 feet to a steel pin; thence South parallel to the West side of said Section 13, 412.39 feet to a steel pin on the mid -section line; thence N. 89*53,10" W. along said mid -section line, 990 feet to the place of beginning. 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 _ JOHNSON ANNEXATION ORDINANCE Page 1 described as: _ A tract of land in the NWQ of Section 13, T. 3 N., R. 1 W., B.M., Ada County, Idaho, lying Southerly of the center -line of the Kennedy Lateral., being more particularly described as follows: Beginning at the Wq section corner of Section 13, T. 3N., R. 1 W., B.M., Ada County, Idaho; thence North along the West side of said Section 13, 707.93 feet to a point on the center -line of the Kennedy Lateral; thence S. 56°05'05" E. along said center -:Line 192.55 feet to a steel pin; thence S. 77°24'50" E. along said center -:Line, 98.02 feet to a steel pin; thence S. 81°30'05" E. along said center -line, 597.89 feet to a steel pin; thence S. 60°42'35" E. along said center -line, 164.23 feet to a steel pin; thence South parallel to the West side of said Section 13, 412.39 feet to a steel pin on the mid -section line; thence N. 89°53110" W. along said mid -section line, 990 feet to the place of beginning. Said tract contains 12.46 acres more or less, subject to easements of record or in use. Together with all water, water rights, ditches and ditch rights -of way appurtenant thereto or connected therewith. is hereby annexed to the City of Meridian, and is zoned R-4 Residential; that the reason for the R-4 zoning is to allow a residential development of 52 lots on the parcel which would be an approximate density of 3.5 dwelling units per acre, which would be allowed in the R-4 Residential zone; 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 JOHNSON ANNEXATION ORDINANCE Page 2 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: 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 Ordinances and the Meridian Comprehensive Plan adopted January 4, 1994. C. That proper and adequate access to the property will have to show adequate access and will have to meet City requirements and those of the Ada County Highway District. d. 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, shall pay when required, any development fee or transfer fee adopted by the City. e. 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. f. That these conditions shall run with the land and bind the applicant, the titled owners, and their assigns. g. That if these conditions of approval are not met the property shall be subject to de -annexation. h. Meet the requirements and conditions of the Findings of Fact and Conclusions of Law and meet the Ordinances of the City of Meridian. JOHNSON ANNEXATION ORDINANCE Page 3 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 s1 th day of January, 1994. APPROVED: OR -- GRANT P. I �RD� ATTEST: CITY CLERK -- WILL'AM BERG JOHNSON 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 ORDINANCE OF THE CITY OF MERIDIAN ANNEXING AND ZONING CERTAIN REAL PROPERTY WHICH IS DESCRIBED AS A TRACT OF LAND IN THE NWa OF SECTION 13, T. 3N. , R. 1W, B.M. , ADA COUNTY, IDAHO; AND PROVIDING AN EFFECTIVE DATE"; passed as Ordinance No._;1J , by the City Council and Ma or of the City of Meridian, on the a- , 1994, as the same appears in my o_ day of DATED this day of 1994. :'?(�i.ty Clerk, City of Meridian r�. a County, Idaho STATE OF I DAH is County of Ada, On this Yth 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 .9aaf •a, 4 � ' '',fffff11�111a.D 146�\ JOHNSON ANNEXATION ORDINANCE tary Publ siding at Commission is for Idaho Meridian, Idaho expires 08/02/99 9`f00` 428 ADD CC'- "CORDER J. DAi�'4f-1 i4 k'A R0 BOISE iJ I (?� ozeoe!Q�� '94 J 8 -, 00 FEE RECO,��— --Page 5 +i s t_ „� u�ST 0= ORDINANCE NO. 631 AN ORDINANCE OF THE CITY OF MERIDIAN ANNEXING AND ZONING CERTAIN REAL PROPERTY WHICH IS DESCRIBED AS A TRACT OF LAND IN THE NORTHWEST 1/4 OF SECTION 13, T. 3N, R. 1W, 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 Tract of land in the NW1/4 of Section 13, T. 3N, R. 1W, B.M. Ada County, Idaho, lying Southerly of the center- line of the Kennedy lateral, being more particularly described as follows: Beginning at the W1/4 section corner of Section 13, T. 3N., R. 1W., B.M. Ada County, Idaho; thence North along the West side of said Section 13, 707.93 feet to a point on the center-line of the Kennedy Lateral; thence S. 56 05'05" E. along said center-line 192.55 feet to a steel pin; thence S. 77 24'50" E. along said center-line, 98.02 feet to a steel pin; thence S. 81 30'05" E. along said center-line, 597.89 feet to a steel pin; thence S. 60 42'35" E. along said center-line, 164.23 feet to a steel pin; thence South parallel to the West side of said Section 13, 412.39 feet to a steel pin on the mid-section line; thence N. 89 53'10" W. along said mid-section line, 990 feet to the place of beginning. 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 JOHNSON ANNEXATION ORDINANCE Page 1 described as: A tract of land in the NW1/4 of Section 13, T. 3N., R. 1 W., B.M., Ada County, Idaho, lying Southerly of the center-line of the Kennedy Lateral, being more particularly described as follows: Beginning at the W1/4 section corner of Section 13, T. 3N., R. 1W., B.M., Ada County, Idaho; thence North along the West side of said Section 13, 707.93 feet to a point on the center-line of the Kennedy Lateral; thence S. 56 05'05" E. along said center-line 192.55 feet to a steel pin; thence S. 77 24'50" E. along said center-line, 98.02 feet to a steel pin; thence S. 81 30'05" E. along said center-line, 597.89 feet to a steel pin; thence S. 60 42'35" E. along said center-line, 164.23 feet to a steel pin; thence South parallel to the West side of said Section 13, 412.39 feet to a steel pin on the mid-section line; thence N. 89 53'10" W. along said mid-section line, 990 feet tot he place of beginning. Said tract contains 12.46 acres more or less, subject to easements of record or in use. Together will all water, water rights, ditches and ditch rights-of-way appurtenant thereto or connected therewith. is hereby annexed to the City of Meridian, and is zoned R-4 Residential; that the reason for the R-4 zoning is to allow a residential development of 52 lots on the parcel which would be an approximate density of 3.5 dwelling units per acre, which would be allowed in the R-4 Residential zone; 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 JOHNSON ANNEXATION ORDINANCE Page 2 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 no meet the following requirements: 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 Ordinances and the Meridian Comprehensive Plan adopted January 4, 1994. c. That proper and adequate access to the property will have to show adequate access and will have to meet City requirements and those of the Ada County Highway District. d. 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, shall pay when required, any development fee or transfer fee adopted by the City. e. 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. f. That these conditions shall run with the land and bind the applicant, the titled owners, and their assigns. g. That is these conditions of approval are not met the property shall be subject to de-annexation. h. Meet the requirements and conditions of the Findings of Fact and Conclusions of Law and meet the Ordinances of the City of Meridian. JOHNSON ANNEXATION ORDINANCE Page 3 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 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 4th day of January, 1994. APPROVED: GRANT P. KINGSFORD, MAYOR ATTEST: WILLIAM G. BERG, JR., CITY CLERK JOHNSON ANNEXATION ORDINANCE Page 4