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HomeMy WebLinkAbout575 Milton Subdivision4.2 ORDINANCE NO. 575 AN ORDINANCE OF THE CITY OF MERIDIAN AMENDING AND CHANGING THE ZONING OF CERTAIN REAL PROPERTY IN THE CITY OF MERIDIAN WHICH IS GENERALLY DESCRIBED AS A PORTION OF THE EAST 1/2 OF THE NORTHWEST 1/.4, SECTION 7, TOWNSHIP 3 NORTH, RANGE 1 WEST, BOISE MERIDIAN, 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 amend and change the zoning from R-8 Residential to R-15 Residential, for the following described parcel: A portion of the E 1/2 NW 1/4, Section 7, Township 3 North, Range 1 West, Boise Meridian, Ada County, Idaho, more particularly described by metes and bounds as follows: Commencing at the center of Sect ion 7, T. 3N. , R. 1W. , B. M. , Ada County, Idaho and running N. 0 00' 00" E. 1294.00 feet along the Easterly boundary of the NW 1/4 of said Section 7 to a point; thence S. 89 01'30" W. 150.00 feet along a line parallel to and 1294.00 feet Northerly from the Southerly boundary of the said NW 1/4, Section 7 to the TRUE POINT OF BEGINNING; thence continuing S. 89 01' 30" W. 367. 00 feet along a 1 ine parallel to and 1294.00 feet Northerly from the said Southerly boundary of the NW 1/4, Section 7 to a point; thence N. 0 00' 00" E. 365. 21 feet and 517.00 feet Westerly from the the NW 1/4, Section 7 to a point; thence N. 89 56' 20" E. (formerly 366..95 feet t,o a point; thence S. 0 00' 00" W. 359.36 feet and 150.00 feet Westerly from the the NW 1/4, Section 7 to the point along a line parallel to said Easterly boundary of described a S. 89 50' E. > along a line parallel to said Easterly boundary of 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 aforementioned real property which is described as follows: A portion of the E 1/2 NW 1/4, Section 7, Township 3 North, Range 1 West, Boise Meridian, Ada County, Idaho, more particularly described by metes and bounds as follows: 4 ~3 Commencing at the center of Sect ion 7, T. 3N. , R. 1W. , B. M. , Ada County, Idaho and running N. 0 00' 00" E. 1294.00 feet along the Easterly boundary of the NW 1/4 of said Section 7 to a point; thence S. 89 01'30" W. 150.00 feet along a line parallel to anal 1294.00 feet Northerly from t'he Southerly boundary of the said NW 1/4, Section 7 to the TRUE POINT OF BEGINNING: thence continuing S. 89 01' 30" W. 367.00 feet along a 1 ine parallel to and 1294.'00 feet Northerly from the said Southerly boundary of the NW 1/4, Section 7 to a point; thence N. 0 00'00" E. 365.21 feet along a line parallel to and 517.00 feet Westerly from the said Easterly boundary of the NW 1/4, Section 7 to a point; thence N. 89 56' 20" E. (formerly described as S. 89 50' E. ) 366.95 feet to a point; thence S. 0 00'00" W. 359.36 feet along a line parallel to and 150.00 feet Westerly from the said Easterly boundary of the NW 1/4, Section 7 to the point of beginning. be, and the same is rezoned from R-8 Residential to R-15 Residential, and Section 11-2-425, Official Zoning Maps is hereby amended to reflect the same. Section 2. That the Applicant has stated that an emergency access will be provided for access from the above described parcel to Fairview Avenue anal the City Council has stated that no further development by the Applicant, or his or its assigns, shall occur until the emergency access is made permanent, is paved and is constructed to Ada County Highway District, or equivalent, standards. This Ordinance is conditioned on the Applicant executing and recording a deed restriction, running in favor of the land above described and against the land upon which the emergency access is to be located, which restriction shall state that neither property may be transferred. assigned, conveyed, or mortgaged without the other and that it is agreed that Applicant, or his or its, assigns, may not develop any additional land abutting, or in the area of the land above described in this zoning ordinance, until the land provided for access is made a permanent access for the land above described, is paved and is constructed to Ada County Highway District, or equivalent, standards. There shall be no occupancy permits issued until the emergency access has been provided and is graveled. Proof of meeting the conditions of this ordinance shall be the recorded deed restriction showing approval of the City Council of the City of Meridian. :4 `4 Section 3. That the City Clerk shall cause one (1) copy of the legal description, and the 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 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 Council and approved by the Mayor of the City of Meridian, Ada County, Idaho this 17th day of March, 1992. APPROVED: ?" GRANT P. KI G D, MAYOR ATTEST: JACK NIEMANN, CITY CLERK iI 921332`' AMBROSE, FITZGERALD &CROOKSTON Attorneys and Counselors P.O. Box 427 Meridian, Idaho 83642 Telephone 888.4461 A �A (I0 `iT", I D. FUR C tTy o� IViE�I D1AN J DAVID !NA%�ARRO R CORDER BY ORDINANCE NO, AN ORDINANCE OF TIDE CITY OF MERIDIAN AMENDING AND CHANGING THE ZONING OF CERTAIN REAL PROPERTY IN THE CITY OF MERIDIAN WHICH IS GENERALLY DESCRIBED AS A PORTION OF THE EAST 1/2 OF THE NORTHWEST 1/4, SECTION 7, TOWNSHIP 3 NORTH, RANGE 1 WEST, BOISE MERIDIAN, 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 amend and change the zoning from R-8 Residential to R-15 Residential, for the following described parcel: A portion of the E 1/2 NW 1/4, Section 7, Township 3 North, Range 1 West, Boise Meridian, Ada County, Idaho, more particularly described by metes and bounds as follows: Commencing at the center of Section Ada County, Idaho and running N. 0 0000 E. 1294.00 feet along the Easterly boundary of the NW 1/4 of said Section 7 to a point; thence S. 89 O1'30" W. 150.00 feet along a line parallel to and 1294.00 feet Northerly from the Southerly boundary of the said NW 1/4, Section 7 to the TRUE POINT OF BEGINNING, thence continuing S. 89 01'30" W. 367.00 feet along a line parallel to and 1294.00 feet Northerly from the said Southerly boundary of the NW 1/4, Section 7 to a point; thence N. 0 00100" E. 365.21 feet along a line parallel to and 517.00 feet Westerly from the said Easterly boundary of the NW 1/4, Section 7 to a point; thence N. 89 56'20" E. (formerly described as S. 89 50' E.) 366.95 feet to a point; thence S. 0 00'00" W. 359.36 feet along a line parallel to and 150.00 feet Westerly from the said Easterly boundary of the NW 1/4, Section 7 to the point 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 aforementioned real property which AMBROSE, FITZGERALD 8 CROOKSTON Attorneys and Counselors P.O. Box 427 Meridian, Idaho 83642 Telephone 888,4461 is described as follows: A portion of the1/4, Section 7, Township 3 North, Range 1 West, Boise Meridian, Ada County, Idaho, more particularly described by metes and bounds as follows: Commencing at the center of Section 7, T. 3N., R. 1W., B.M., Ada County, Idaho and running N. 0 00100" E. 1294.00 feet along the Easterly boundary of the NW 1/4 of said Section 7 to a point; thence S. 89 O1'30" W. 150.00 feet along a line parallel to and 1294.00 feet Northerly from the Southerly boundary of the said NW 1/4, Section 7 to the TRUE POINT OF BEGINNING; thence continuing S. 89 01'30" W. 367.00 feet along a line parallel to and 1294.00 feet Northerly from the said Southerly boundary of the NW 1/4, Section 7 to a point; thence N. 0 00'00" E. 365.21 feet along a line parallel to and 517.00 feet Westerly from the said Easterly boundary of the NW 1/4, Section 7 to a point; thence N. 89 56120" E. (formerly described50' E.) 366.95 feet to a point; thence S. 0 00'00" W. 359.36 feet along a line parallel to and 150.00 feet Westerly from the said Easterly boundary of the NW 1/4, Section 7 to the point of beginning, be, and 'the same is rezoned from R-8 Residential to R-15 Residential, and Section 11-2-425, Official Zoning Maps is hereby amended to reflect the same. Section 2. That the Applicant has stated that an ncy access will be provided for access from the above emerge described parcel to Fairview Avenue and the City Council has stated that no further development by the Applicant, or his or its assigns, shall occur until the emergency access is made permanent, is paved and is constructed to Ada County Highway District, or equivalent, standards. This Ordinance is conditioned on the Applicant executing and recording a deed restriction, running in favor of the land above described and against the land upon which AMBROSE, FITZGERALD &CROOKSTON Attorneys and Counselors P.O. Box 427 Meridian, Idaho 83642 Telephone 888.4461 the emergency access is to be located, which restriction shall state that neither property may be transferred, assigned, conveyed, or mortgaged without the other and that it is agreed that Applicant, or his or its, assigns, may not develop any additional land abutting, or in the area of the land above described in this zoning ordinance, until the land provided for access is made a permanent access for the land above described, is paved and is constructed to Ada County Highway District, or equivalent, standards. There shall be no occupancy permits issued until the emergency access has been provided and is graveled. Proof of meeting the conditions of this ordinance shall be the recorded deed restriction showing approval of the City Council of the City of Meridian. Section 3. That the City Clerk shall cause one (1) copy of the legal description, andwhich 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 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 Council and approved by the Mayor of the City of Meridian, Ada County, Idaho, this/. day of/ qr`C�__, 1992. AMBROSE, FITZGERALD & CROOKSTON Attorneys and Counselors P.O. Box 427 Meridlen, Idaho 83842 Telephone 888.4461 JIHIG ur iuhnu,l -- 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 OF THE CITY OF MERIDIAN AMENDING AND CHANGING THE ZONING OF CERTAIN REAL PROPERTY IN THE CITY OF MERIDIAN WHICH IS GENERALLY DESCRIBED AS A PORTION OF THE EAST 1/2 OF THE NORTHWEST 1/4, SECTION 7, TOWNSHIP 3 NORTH, RANGE 1 WEST, BOISE MERIDIAN, ADA COUNTY, IDAHO; AND PROVIDING AN EFFECTIVE DATE"; passed as Ordinance No.,r' by the Cit Council and Mayor of the City of Meridian, on the _ day of a r 19925 as the same appears in office, pp y e. DATED this STATE OF IDAHO,) ss. County of Ada, ) day of 1992. On this �8�day undersigned, a Notary appeared Jack Niemann, subscribed to the pity �rgrK, ity of Meridian Ada ounty, Idaho of ��G�-e�- 1992, before me, the Public ri andyfor said State, personally known to me to be the person whose name is 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 .��{e-'��' and year in #'y�is certificate first above Ile % Q eog�NF4 0 0of fj Y M O � SEAL OF a n Notary Pu 1ic for Idaho���+ Residing at Meridian, Idaho