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HomeMy WebLinkAbout568 Kearney Place Subdivision AZ2 APPROVED: GRANT P. K NGS ORD, AYOR ATTEST: JAC NI NN, CITY CLERK ORDINANCE NO. 568 AN ORDINANCE ANNEXING AND ZONING CERTAIN REAL PROPERTY WHICH IS DESCRIBED AS A PORTION OF THE NE 1/4 SW 1/4, SECTION 5, T. 3N., R. 1 E. , B. M. , ADA COUNTY, I DAHO ; 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 the North 1/2 of the NE 1/4 of the SW 1/4 of Sect ion 5, T. 3N. , R. lE. , B. M. , Ada County, Idaho, and more particularly described as follows: Beginning at a brass cap marking the Northwest corner of said SW 1/4; thence along the Northerly boundary of said SW 1/4 South 89 38'58" East 1326.59 feet to a.2"x36" iron pipe with a 5/8" x 30" iron pin and plastic cap marking the Northwest corner of said NE'1/4 of the SE 1/4, also said pipe being the REAL POINT OF BEGINNING; thence continuing along said Northerly boundary of the SW 1/4 South 89 38'58" East 1326.60 feet to an iron pin marking the Northeast corner of said SW 1/4; thence leaving said Northerly boundary of said SW 1/4 along the Easterly boundary of said SW 1!4 South 00 27'20" West 656.31 feet to an iron pin marking the Southeast corner of said North 1/2 of the NE 1/4 of the SW 1/4; thence along the Southerly boundary of said North 1/2 of the NE 1/4 of the SW 1/4 North 89 44'00" West 1326.53 to an iron pin marking the Southwest corner of said North 1/2 of the NE 1/4 of the SW 1/4; thence leaving said Southerly boundary of the North 1/2 of the NE 1/4 of the SW 1/4 along the Westerly boundary of said NE 1/4 of the SW 1/4 North 00 26'55" East 658.25 feet to the point of beginning of the above described Proposed Kearney Place, a subdivision, comprising 20.02 acres, more or less. 29 NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND CITY COUNCIL of the City of Meridian, Ada County, Idaho: Section 1: That the above anal referenced real property described as: A parcel of land being the North 1/2 of the NE 1/4 of the SW 1 /4 of Section 5, T. 3N. , R: lE. , B. M. , Ada Count y,, Idaho, and mare particularly described as follows: . Beginning at a brass cap marking the Northwest corner of said SW 1/4; thence along the Northerly boundary of said SW 1/4 South 89 38'58" East 1326.59 feet to a 2"x3b" iron pipe with a 5/8" x 30" iron pin and plastic cap marking the Northwest corner of said NE 1/4 of the SE 1l4, also said pipe being the REAL POINT. OF BEGINNING; thence continuing along said Northerly boundary of the SW 1/4 South $9 38'58" East 1326.60 feet to an iron pin marking the Northeast corner of said SW 1/4; thence leaving said Northerly boundary of said SW 1/4 along the Easterly boundary of said SW 1/4 South 99 27'20" West 656.31 feet to an iron pin marking the Southeast corner of said North 1!2 of the NE 1/4 of the SW 1/4; thence along the Southerly boundary of said North 1/2 of the NE 1/4 of the SW 1/4 North 89 44'00" West 1326.53 to an iron pin marking the Southwest corner of said North 1/2 of the NE 1J4 of the SW 1/4; thence leaving said Southerly boundary of the North i/2 of the NE 1/4 of the SW 1/4 along the Westerly boundary of said NE 1/4 of the~SW 1/4 North 00 26''55" East 658.25 feet to the point of beginning of the above described Proposed Kearney Place, a subdivision, comprising 20.02 acres, more or less. is hereby annexed to the City of Meridian, and shall be zoned R-8 Residential; even though zoned R-8, it shall only have constructed on the lots, single-family detached dwelling units and there shall be no duplexes, condominiums or townhouses constructed or placed thereon; that the residential lots on said land shall have a minimum size of 7,000.00 square feet; that there shall be no more than 79 single family detached dwelling units constructed or placed thereon;. that there shall be no- single family .detached dwelling units smaller than one thousand three hundred (1300) square feet in size constructed or placed thereon and that the above square footages are determined exclusive of the garage; that the reason for the R-8 Zoning is to allow 79 dwelling units to be constructed on the parcel which 3 '0 would be an approximate density of 1 dwelling unit per 4 acres, which would be allowed in the R-8 Residential zone; that the property shall be subject to site planning review; 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; and any plat of the property shall not~be signed by the City Clerk or City Engineer until an agreement for emergency access is entered into by the owner of the .property and the'City of Meridian for emergency access. Section' 2. That 'the property shall be subject to de=annexation if the owner or his assigns, heirs, or successors shall not plat the property as required above and designate on the plat that only single-family dwellings shall be allowed, construct water and sewer line extensions to serve the property, and construct streets to and within the property, which conditions subsequent shall run with land and also be personal to the owner: 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 3. That the City Clerk shall cause one (1) copy of the legal description, and map, which shall plainly and clearly Section 4. 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 of Meridian, January, 1992. City Council and'Japproved by the Mayor of the Idaho, Ada County, Idaho, this ,~ _ day of APPROVED: ATTEST: . J GRANT P. I GSF RD, MAYOR AMBROSE, FITZGERALD &CROOKSTON Attorneys and Counselors P.O. Box 427 Meridlen, Idaho 83642 Telephone 888.4481 Ott pA Co. I D,�r1�ICl✓1 J. DAVID 1NAVARRO RECORDER, BY f �b ' 92 MI 23 Ail 8 42 ORDINANCE NO, ,�6g AN ORDINANCE ANNEXING AND ZONING CERTAIN REAL PROPERTY WHICH IS DESCRIBED AS A PORTION OF THE NE 1/4 SW 1/49 SECTION 5, T. 3N.9 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 the North 1/2 of the NE 1/4 of the SW 1/4 of Section 5, T.3N., R.1E., B.M., Ada County, Idaho, and more particularly described as follows: Beyinning at a brass cap marking the Northwest corner of said SW 1/4; thence along the Northerly boundary of said SW 1/4 South 89 38'58" East 1326.59 feet to a 21lx36" iron pipe with a 5/8" x 30" iron pin and plastic cap marking the Northwest corner of said NE 1/4 of the SE 1/4, also said pipe being the REAL POINT OF BEGINNING; thence continuing along said Northerly boundary of the SW 1/4 South 89 38'53" East 1326.G0 feet to an iron pin marking the Northeast corner of said SW 1/4; thence leaving said Northerly boundary of said SW 1/4 along the Easterly boundary of said SW 1/4 South 00 27'20" West 656.31 feet to an iron pin marking the Southeast corner of said North 1/2 of the NE 1/4 of the SW 1/4; thence along the Southerly boundary of said North 1/2 of the NE 1/4 of the SW 1/4 North 89 44'OU" West 1326.53 to an iron pin marking the Southwest corner of said North 1/2 of the NE 1/4 of the SW 1/45 thence leaving said Southerly boundary of the North 1/2 of the NE 1/4 of the SW 1/4 along the Westerly boundary of said NE 1/4 of the SW 1/4 North 00 26'55" East 658.25 feet to the point of beginning of the above described Proposed Kearney Place, a subdivision, comprising 20.02 acres, more or less. NOW, THEREFORE, BE IT ORDAINED by the Mayor and City Council ORDINANCE Page 1 AMBROSE, FIT2GERALD & CROOKSTON Attorneys and Counselors P.O. Box 427 Meridlen, Idaho 83842 Telephons 88B•4461 of the City of Meridian, Ada County, Idaho: Section 1. That the above and referenced real property described as: A parcel of land being the North 1/?_ of the NE 1/4 of the SW 1/4 of Section 5, T.3N., R,1E., B.M., Ada County, Idaho, and more particularly described as follows: Beginning at a brass cap marking the Northwest corner of said SW 1/4; thence along the Northerly boundary of said SW 1/4 South 89 38158" East 1326.59 feet to a 21lx36" iron pipe with a 5/8" x 30" iron pin and plastic cap marking the Northwest corner of said NE 1/4 of the SE 1/4, also said pipe being the REAL POINT OF BEGINNING; thence continuing along said Northerly boundary of the SW 1/4 South 89 38158" East 1326.60 feet to an iron pin marking the Northeast corner of said SW 1/4; thence leaving said Northerly boundary of said SW 1/4 along the Easterly boundary of said SW 1/4 South 00 2720" West 656.31 feet to an iron pin marking the Southeast corner of said North 1/2 of the NE 1/4 of the SW 1/45 thence along the Southerly boundary of said North 1/2 of the NE 1/4 of the SW 1/4 North 89 4400 West 1326.53 to an iron pin marking the Southwest corner of said North 1/2 of the NE 1/4 of the SW 1/41 thence leaving said Southerly boundary of the North 1/2 of the NE 1/4 of the SW 1/4 along the Westerly boundary of said NE 1/4 of the SW 1/4 North 00 26155" East 658.25 feet to the point of beginning of the above described Proposed Kearney Place, a subdivision, comprising 20.02 acres, more or less. is hereby annexed to the City of Meridian, and shall be zoned R- 8 Residential; even though zoned R - 8 , it shall only have constructed on the lots, single-family detached dwelling units and there shall be no duplexes, condominiums or townhouses constructed or placed thereon; that the residential lots on said land shall have a minimuym size of 7,000.00 square feed; that there shall be no more than 79 single-family detached dwelling units constructed ORDINANCE Page 2 AMBROSE, FITZGERALD & CROOKSTON Attorneys and Counselors P.O. Box 427 Meridian, Idaho 83642 Telephone 888.4461 or placed thereon; that there shall be no -single family detached dwelling units smaller than one thousand three hundred (1,300) square feet in size constructed or placed thereon and that the above square footages are determined exclusive of the garage; that the reason for the R-8 zoning is to allow 79 dwelling units to be constructed on the parcel which would be an approximate density of 1 dwelling unit per 4 acres, which would be allowed in the R- 8 Residential zone; that the property shall be subject to site planning review; that the annexation and zoning is subject to the conditions refferenced in the Findings of Fact and Conclusions of Law as adopted by the Meridian Council on the request for annexation and zoning; and any plat of the property shall not be signed by the City Clerk or City Engineer until an agreement for emergency access is entered into by the owner of the property and the City of Meridian for emergency access. Section 2. That the property shall be subject to de - annexation if the owner or his assigns, heirs, or successors shall not plat the property as required above and designate on the plat that only single-family dwellings shall be allowed, construct water and sewer line extensions to serve the property, and construct streets to and within the property, which conditions subsequent shall run with land and also be personal to the owner. Section 3. 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 vdith the ORDINANCE Page 3 AMBROSE, FITZGERALD & CROOKSTON Attorneys and Counselors P.O. Box427 Meridian, Idaho 83642 Telephone 888.4461 Ada County Recorder, Ada County Assessor, and the State Tax Commission within ten (10) days following the effective date of this Ordinance. Section 4. EFFECTIUE 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 laay. PASSED by the City Council and approved by the Mayor of the City of Meridian, Ada County, Idaho, this j,SL day of January, 1992. APPROVED: OR -- GRP.-IN ANGSFORD ATTEST: Sfi"ATE OF IDAHO, ) ss. County of Ada, ) I, JACK NIEMANN, 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 ANNEXING AND ZONING CERTAIN REAL PROPERTY WHICH IS DESCRIBED AS A PORTION OF THE N 1/2 NE 1/4 SW 1/4, SECTION 5, T. ORDINANCE Page 4 311,, R, 1 E,, B.M,, ADA COUNTY, ID HO• AND PROVIDING AN EFFECTIVE DATE; passed as Ordinance No. by the City Council and M+Yw of the City of Merl ian, on the �� day of 1992, as the same appears in my o fice. DATED this day er�L ta, 1992, STATE OF IDAHO,) ss. County of Ada, ) On this 22 day of January 1992, before me, the undersigned,�a Notary Public in and for said State, personally appeared Jack Niemann, 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 4JHEREOF, I have hereunto set my hand and affixed my official seal the day and year in this certificate first above written, SEAL AMBROSE, FITZGERALD &CROOKSTON Attorneys and Counselors ,�'eNleeeete�ej�ps r u � Ali OOT to a ,p a ' i�6' �`�``a3G9d"�ace� ��♦♦♦ i��1j11j 111111`\ Meridlen, Idaho P.O. Box 427 O R D I N A N C E P a g e 5 83842 Telephone 8884461 ary Nublic for Idaho iding at Meridian, Idaho ommi.ssi,on expires 04/01/93