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HomeMy WebLinkAbout614 Annexation of Real Property Locust Grove / Ustick211 ORDINANCE NO. 614 AN ORDINANCE OF THE CITY OF MERIDIAN ANNEXING AND ZONING CERTAIN REAL PROPERTY WHICH IS DESCRIBED AS~ A PARCEL OF LAND LYING IN A PORTION OF THE NE 1/4 OF SECTION 6, T. 3N., R. lE., B.M., RDA 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 here i nbea.ow. described : - ... A parcel of land lying in a portion of the NE 1/•4 of Section 6, T. 3N., R'. 1E., B.M., Ada County, Idaho, more particularly described as follows: ~ .- ., _ BEGINNING at the Section Corner Common to Sections 5 and 6 of T. 3N. , .R.. 1.E .., B..M. , and Sections 31 and 32 of T. 4N. , R. 1 E. , B.M. , said point being •marked by a 1/2!' iron pin at the centerline intersection of North Locust Grove Road and West Ust i ck Road;• • ~ . . _ thence South 0~°24'35" West along the section line .common to said Sections 5 and 6 for a distance of 789.52 feet to the Northeast corner ofthat parcel as described in .Wa-rranty Deed Instrument Number 833332 of. Ada County- Recor•ds,_ said point also being on the south Bank of a canal, commonly called the South Slough; ~ _ ~~ _ _., thence along the Northerly line of said warranty Deed parcel and the South bank of the .said canal for the following seven courses; .~ . South 85°38'09" West for a distance of..65.;26 feet-to a 5/8" i ron, pi.n.; . ... .. _ thence South 71°08'09" West for a distance of 123.00 feet to a 5/8" iron pin; ~ , thence South .50°49'25" West for a distance of 54.50 feet to a 5/8". iron pin; ,_ - -. thence North 57°21'51" West for a distance of 24.85 feet to a 5/8". iron pin; .,-. ~ .. _ '' thence-South 39°38'56" West for a distance of 97.35 feet to a 5/8" iron pin; ~, thence South 87°22'12" West for a distance of 62.0.10 feet to a 5/8" iron pin; i 2..12 thence North 65°44'18" West for a distance of 217.05 feet to a 5/8" iron pin; thence south 79°25'59" West along a portion of said Warranty Deed parcel for a distance of 204.41 feet to a point on the West line of Government Lot i of said Section 6; thence south 0°22'17" West along the' West line of said Government Lot 1 for a distance of 377.34 feet to the Southwest corner of said Government Lot 1; thence continuing South 0°22'17" West for a distance of 18.37 feet to a point on the North boundary line of that parcel of land as shown on Record of Survey Number 2053 of Ada County Records; thence North 89°57'36" East along the North boundary line of said Record of Survey parcel for a distance of 1323.92 feet to the Northeast corner of said parcel on the section 1 ine common to said sections 5 and 6, said point also being on the centerline of North Locust Grove Road; thence North 0°24'35" East along the section line common to said Sections 5 and 6 for a distance of 28.95 feet to the Southeast corner of said Government Lot 1; thence continuing North 0°24'35" East along said section line for a distance of 483.31 feet 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: Section 1. That the above and referenced real property described as: A parcel of land lying in a portion of the NE 1/4 of Section 6, T. 3N., R. 1 E., B.M., Ada County, Idaho, more particularly described as follows: BEGINNING at the Section Corner Common'to Sections 5 and 6 of T. 3N., R. 1 E., B.M., and Sections 31 and 32 of T. 4N., R. 1 E., B.M., said point being marked by a 1/2" iron pin at the centerline intersection of North Locust-Grove Road and West Ustick Road; thence South 0°24'35" West along the section line common to said Sections 5 and 6 for a distance of 789.52 feet to the Northeast corner of that parcel as described in Warranty Deed instrument Number 833332 of Ada County Records, said point also being on the South Bank of a canal, commonly called the South Slough; 213 thence along the Northerly line of said Warranty Deed parcel and the South bank of the said canal for the following seven courses; South 85°38'09" West for a distance of 65.26 feet to a 5/8" iron pin; " thence South 71°08'09" West for a distance of 123.00 feet to a 5/8" iron pin; thence South 50°49'25" West for a distance of 54.50 feet to a 5/8" iron pin; thence North 57°21'51" West for a distance of 24.85 feet to a 5/8" iron pin; ' thence South 39°38'56" West for a distance of 97.35 feet to a 5/8" iron pin; thence"South~87°22'T2" West for a distance of 620.10 feet to ' a 5/8" iron piri; ' thence North 65°44'18" West for a distance of 217.05 feet to a-5/8""iron' pin; thence South 79°25'59" West along a portion of said Warranty Deed "parcel for a ci'istance. of 204.41 feet to a point on the West line'of Government Lot 1 of said Section 6; thence South 0°22'17" West along the West line of said Government `Lot' 1 for a distance of 377.34 feet to the Southwest corner of said Government Lot 1; thence containing South 00°22'17" West for a distance of 18.37 feet to a point on the North Boundary line of that parcel of land-as shown on Record of Survey Number 2053 of Ada County Records; thence North 89°57'36" East along the North boundary line of said Record of Survey parcel for a distance of 1323.92 feet to the-Nort~heast~ corner:of-sai'd parcel on the section line common to said sections 5 and 6, said point, also being on the ' centerline of~North Locust Grove Road; thence North~0°24'35""East along the section line common to said- Sect"ion"s 5 and ' 6 for a distance of 28.95 feet to the Southeast corner~of'sad Government Lot 1; thence cont'ai'ning North 0°24'35" East along said section line for 'a" dis't'ance of~ 483.31` feet to the REAL POINT OF BEGINNING. 2 ~1 ~4 is hereby annexed, to the City of Meridian,. and i~s zoned R-8 Residential; that the reason for~the R-8 zoning is to allow 35 single family dwelling units on the parcel and no duplexes, condominiums, or town houses, even though the property is to be zoned~R-8 which allows such, which would be an approximate density of 2.90 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 request for annexation and zoning; that Applicant pay any development fee or transfer fee if adopted by the City of Meridian 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. Plat the property as submitted by Applicant, designate on the plat that only single-family swellings shall be allowed, and allow only single-family houses of at least 1,301.00 square feet within the subdivision. 2. Tile all ditches, canals and waterways, including those that are property boundaries or only partially located on the property. 3. Extend and construct water and sewer line extensions to serve the property and connection to,Meridian water and sewer lines shall be made. 4. Construct streets to and within the property. 5. Dedicate the necessary land from the centerline of Locust Grove Road for public right of way. 6. Allow only houses of at least 1,301.00 square feet. 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 1 and be set a s i de for a future park and re 1 at i ng to development of a greenbeYt along the South Slough and coordinate with the Pathway Plan of Ada County. 21 ~5 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 (i) 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 September, 1993. APPROVED: M OR - GRA T P.~ INGSFORD ATTEST: ~~~~~ CITY CLERK - WILL BERG 3 7S52j J D�A "'D ORIGINAL RECORDEF ORDINANCE NO. V PRD,I;NANCF�}OF THE CITY OF MERIDIAN ANNEXING AND ZONING CERTAIN 93 S EAV, ��tbPE'R'�Y WHICH IS DESCRIBED A PARCEL OF LAND LYING IN A PORTION OF THE NE 1/4 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 lying in a portion of the NE 1/4 of Section 6, T. 3N., R. 1 E., B.M., Ada County, Idaho, more particularly described as follows: BEGINNING at the Section Corner Common to Sections 5 and 6 of T. 3N., R. 1 E., B.M., and Sections 31 and 32 of T. 4N., R. 1 E. , B . M. , said point being marked by a 1/2 " iron pin at the centerline intersection of North Locust Grove Road and West Ustick Road; thence South 0°24'35" West along the section line common to said Sections 5 and 6 for a distance of 789.52 feet to the Northeast corner of that parcel as described in Warranty Deed Instrument Number 833332 of Ada County Records, said point also being on the South Bank of a canal, commonly called the South Slough; thence along the Northerly line of said Warranty Deed parcel and the South bank of the said canal for the following seven courses; South 85*38,09" West for a distance of 65.26 feet to a 5/8" iron pin; thence South 71*08,09" West for a distance of 123.00 feet to a 5/8" iron pin; thence South 50°49125" West for a distance of 54.50 feet to a 5/8" iron pin; thence North 57°21'51" West for a distance of 24.85 feet to a 5/8" iron pin; ORDINANCE Page 1 thence South 39°38'56" West for a distance of 97.35 feet to a 5/8" iron pin; thence South 87°22112" West for a distance of 620.10 feet to a 5/8" iron pin; thence North 65*44,18" West for a distance of 217.05 feet to a 5/8" iron pin; thence South 79*25159" West along a portion of said Warranty Deed parcel for a distance of 204.41 feet to a point on the West line of Government Lot 1 of said Section 6; thence South 0*22117" West along the West line of said Government Lot 1 for a distance of 377.34 feet to the Southwest corner of said Government Lot 1; thence continuing South 0°22'17" West for a distance of 18.37 feet to a point on the North boundary line of that parcel of land as shown on Record of Survey Number 2053 of Ada County Records; thence North 89057136" East along the North boundary line of said Record of Survey parcel for a distance of 1323.92 feet to the Northeast corner of said parcel on the section line common to said sections 5 and 6, said point also being on the centerline of North Locust Grove Road; thence North 0024135" East along the section line common to said Sections 5 and 6 for a distance of 28.95 feet to the Southeast corner of said Government Lot 1; thence continuing North 0024135" East along said section line for a distance of 483.31 feet 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: Section 1. That the above and referenced real property described as: A parcel of land lying in a portion of the NE 1/4 of Section 6, T. 3N., R. 1 E., B.M., Ada County, Idaho, more particularly described as follows: BEGINNING at the Section Corner Common to Sections 5 and 6 of T. 3N., R. 1 E., B.M., and Sections 31 and 32 of T. 4N., R. 1 E., B.M., said point being marked by a 1/2" iron pin at the ORDINANCE Page 2 centerline intersection of North Locust Grove Road and West Ustick Road; thence South 0*24135" West along the section line common to said Sections 5 and 6 for a distance of 789.52 feet to the Northeast corner of that parcel as described in Warranty Deed Instrument Number 833332 of Ada County Records, said point also being on the South Bank of a canal, commonly called the South Slough; thence along the Northerly line of said Warranty Deed parcel and the South bank of the said canal for the following seven courses; South 85*38,09" West for a distance of 65.26 feet to a 5/8" iron pin; thence South 71*08,09" West for a distance of 123.00 feet to a 5/8" iron pin; thence South 50*49,25" West for a distance of 54.50 feet to a 5/8" iron pin; thence North 57*21151" West for a distance of 24.85 feet to a 5/8" iron pin; thence South 39°38'56" West for a distance of 97.35 feet to a 5/8" iron pin; thence South 87°22'12" West for a distance of 620.10 feet to a 5/8" iron pin; thence North 65°44'18" West for a distance of 217.05 feet to a 5/8" iron pin; thence South 79°25'59" West along a portion of said Warranty Deed parcel for a distance of 204.41 feet to a point on the West line of Government Lot 1 of said Section 6; thence South 0°22'17" West along the West line of said Government Lot 1 for a distance of 377.34 feet to the Southwest corner of said Government Lot 1; thence continuing South 0022,17" West for a distance of 18.37 feet to a point on the North boundary line of that parcel of land as shown on Record of Survey Number 2053 of Ada County Records; thence North 89057136" East along the North boundary line of said Record of Survey parcel for a distance of 1323.92 feet ORDINANCE Page 3 to the Northeast corner of said parcel on the section line common to said sections 5 and 6, said point also being on the �-- centerline of North Locust Grove Road; thence North 0°24135" East along the section line common to said Sections 5 and 6 for a distance of 28.95 feet to the Southeast corner of said Government Lot 1; thence continuing North 0°24'35" East along said section line for a distance of 483.31 feet to the REAL POINT OF BEGINNING. is hereby annexed to the City of Meridian, and is zoned R-8 Residential; that the reason for the R-8 zoning is to allow 35 single family dwelling units on the parcel and no duplexes, condominiums, or town houses, even though the property is to be zoned R-8 which allows such, which would be an approximate density of 2.90 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 request for annexation and zoning; that Applicant pay any development fee or transfer fee if adopted by the City of Meridian 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. Plat the property as submitted by Applicant, designate on the plat that only single-family dwellings shall be allowed, and allow only single-family houses of at least 1,301.00 square feet within the subdivision. 2. Tile all ditches, canals and waterways, including those that are property boundaries or only partially located on the property. 3. Extend and construct water and sewer line extensions to serve the property and connection to Meridian water and sewer lines shall be made. ORDINANCE Page 4 4. Construct streets to and within the property. 5. Dedicate the necessary land from the centerline of Locust Grove Road for public right-of-way. 6. Allow only houses of at least 1,301.00 square feet. 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 a greenbelt along the South Slough and co-ordinate with the Pathway Plan of Ada County. 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. PASSED by the City Council and approved by the Mayor of the ORDINANCE Page 5 City of Meridian, Ada County, Idaho, this 7th day of September, 1993. r ATTEST: APPROVED: alm V, • • • . , 1 - /V11Q CITY CLERK -- WILLIZM BERG 5amc. �r P5 �`� � cis 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 A PARCEL OF LAND LYING IN A PORTION OF THE NE 1/4 OF SECTION 6, T. 3N., R. 1E., B.M., ADA COUNTY, IDAHO; AND PROVIDING AN EFFECTIVE DATE"; passed as Ordinance No. by the City gouncil and Mayor of the City of Meridian, on the day of , 1993, as the same appears in MY office. DATED this --/— day of L.� , 1993. City Clerk, City of Meridian Ada County, Idaho ORDINANCE Page 6 y STATE OF IDAHO,) ss. County of Ada, ) On this 7th day of September, 1993, 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. 14 ORDINANCE Page 7 rar Public forIdaho i ing at Meridian, Idaho c mmission expires 04/01/99