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Home My WebLink About617 Englewood Creek Subdivision AZ223 APPROVED: T P. KINGS, R YOR ATTEST: ~~ c- ,, I W LL BERG, CIT CLERK _ ORDINANCE NO. 617 AN ORDINANCE OF THE CITY OF MERIDIAN ANNEXING AND ZONING CERTAIN REAL PROPERTY WHICH IS DE'SCRIBED.AS A PORTION OF GOVERNMENT LOT 1 SECTION 3, TOWNSHIP 3 NORTH, RANGE 1 WEST, B.M. , ADA COUNTY, IDAHO; AND PROVIDING AN'EFFECTIVE DATE. .. WHEREAS, th,e 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 hereinb~elow described: Annexation request includes Parcel No. 51203110300 as recorded at the Ada County Assessors Office, Ada Count.y,.Idaho, being a portion. of Government Lot 1 (NE 1/4 of ..the. NE .1/4) of Section 3, 3N, 'R'1W, B.M. , Ada County, Idaho;. _ Being more particularly described as. .follows: Beginning, at the NE corner of Section. 3,, T3.N, R1W, B.M.; thence N 89~°07'00" w, a distance of .255.75. feet along the North section line of said ,Sect:ion. 3,. also being the centerline of Ustick Road, to a point; thence S 0°24'15" W, a distance of. 25 feet to a_point on the southerly right-of-way line of Ustick Road also. known as the REAL POINT OF BEGINNING; _... 224 thence continuing S 0°24'15" W, a distance of 255.97 feet to a point; thence S 47°56'15" W, a distance of 444.20 feet to a point on the approximate centerline of Nine Mile Creek; thence S 33°00'45" E, a distance of 808.00 feet to a point along said Nine Mile Creek; thence ~S 55°00'09" E, a distance of 100.13 feet to a point along said Nine Mile Creek; thence S 89°36'45" E, a distance of 31.00 feet to a point along said Nine Mile Creek also being a point on the westerly right-of-way of North Ten Mile Road; thence S 0° 23' 58" W, a distance of 37.18 feet to a point on "'~' said westerly right of way line of North Ten Mile Road; thence N 88°52'20" W, a distance of 1295.09 feet to a point being the center point of the NW 1/4:of,said.~Section 3; thence N 0°23'51" E, a distance of 1316.55 feet to a point on the southerly right of way of Ustick Road; thence S 89°07'00" E, a distance of 1064.43 feet to a point along said southerly right of way line of Ustick Road to the REAL POINT OF BEGINNING. Basis of Bearing is s 89°07'00" E~, the North section line of Section 3, T3N, R1W, B.M., Ada County, Idaho, also being the approximate centerline of Ustick Road. NOW, THEREFORE, BE IT ORDAINED by the Mayor and-C,ity Council of the City of, Meridian, Ada County,~Idaho; section 1. That the above~~and referenced real property described as: Annexation request includes Parcel No. 5.1203110300 as recorded at the Ada County Assessors Office, Ada Coun.ty,, Idaho, being a portion of Government Lot 1 (NE lj4 of the NE 1/4) of Section 3, T3N, R1W, B.M., Ada County, ,Idaho; , Being more particularly described as follows: Beginning at the NE corner of Section 3,.T3N, RiW,, B.M.; thence N 89°07'00" w, a distance of 255.75 feet along the North section .line of said ,Section, 3, also being the centerline of Ustick Road, to a point; thence S 0°24'15" W, a distance of 25 feet to a point on the southerly right of way line of Ustick Road also known as the REAL POINT OF BEGINNING; thence continuing S 0°24'15" W, a distance of 255.97 feet to a point; thence S 47°56'15" W, a distance of 444.20 feet to a point on the approximate centerline of Nine Mile Creek; 225 thence S 33iO00'45" E, a distance of 808.00 feet to a point along said Nine Mile Creek; thence S 55~°00'09" E, a distance of 100.13 feet to a point along said Nine Mile Creek; thence S 89°36'45" E, a distance of 31.00 feet to a point along said Nine Mile Creek •also being a point on the westerly right of way line of North Ten Mile Road; thence S 0°23'58" W, a distance of 37.18 feet to a point on said wester-ly-right-of way line of North Ten Mile Road; thence~N~88~°52'20" W,-a distance~of 1295.09 feet to a point being the -center•'point of the- NW 1/4 of -said Section 3; thence N 0°23'5.1"~ E, a distance of 1316:55 feet to a point on the'•southerly right of way of Ustick Road; - thence• S 89°07'00"= E,' a distance of 1064.43 feet to a point along said southerly right of way line of Ustick Road to the REAL POINT OF BEGINNING. - - " ' ~ ~. i . . Basis of Bearing is S 8'9°07'00" E, the North section line of Section 3, T3N, RiW, B.M., Ada County, Idaho, also being the appr-oximate centerline of Ustick Road. - is hereby annexed to the City of-Mer-idian, and is zoned R-4 Residential; that the reason for the R-4 zoning is to allow 92 single fami~•ly ~dwell-ing units on •the parcel which would be an approximate--density of 3.1 dwelling units~per-•acre, which would be a l l owed ~-i n the R-`4 Res i denf i a 1 zone; that the annexation and zoning i s subject to the, conditions referenced i n the F-i n~di ngs of Fact and Conclusions of Law as adopted by the Meridian Council on the request for- aniiexat i on • and • zoning; that' applicant pay any development fee or transfer • fee i f adopted by the City of Meridian; - that applicant Shal-1 pay any development ~ fee •or •trans•fer• fee adopted •by the •C ~t-y of Meridian as • a condition' of annexat i on and• i f not paid the land-shall be de-•annexed: - section 2. That the property shall be subject to de- annexation •if -the owner s-hal•1 not- m'eet~ the fol'lowing• requirements: • 1: ~' • Plat the• property as submitted by Applicant, designate on the plat that only single-family dwel~lings-shall be allowed, and allow only single family houses of at least • ~ 1,-800. 00 - •squ'are feet a-s• agreed to by the' applicant , • 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. 226 4. Construct streets to and within the property. 5. Dedicate the necessary land from •t he centerline of Ustick and Ten Mile Roads for public right of~way. 6. Allow only houses of at least 1,800 squ:ar.e 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 greenbelt along Nine Mile Creek and coordinate 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 sh-all 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 as law. PASSED by the City Council anal approved by the Mayor of the City of Meridian, Ada County, Idaho, this 7th day of September, 1993.