HomeMy WebLinkAbout632 Westside Bible Chapel AZ277
OR®INANCE NO. 632 .. .
AN ORDINANCE OF THE CITY OF MERFDIAN ANNEXING AND :ZONNG~~:C.ERTAIN
REAL PROPERTY WHICH IS DESCRIBED AS A PORTION OF THE SE 1/4 OF THE SW
1/4.OF;SECTION~5~T::3N;-R:1E; ~B:M; ADA~:COUNTY,:IDAHO;'-AND.PROVI~DLNG°-.FOR AN
EFFEG'TI~/E .DATE. ~ .. ...... ~ . ,~;:,.. ;. ~ .. t:._ ..... . .. . ....
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! s~aid~.City~ real .propertywhich is
hereinbelow~desEribed:' . .. -.:~7° .... :. ......,.... .. ~~ .. , -_ ,... •' .. ... .
~a ..
PARCEL ONE _ . .._ ~ ~~:_ ~- ~.. :~ ..: ,. ~.~.. .~..
i
~.~~~, :A parcel-,of:~larid~l'ocated~in:the°SE :1/4~of fhe: SW X174 of-~Section ~5;°°Township~3 North,
:~Rartige`1''.East~of~"the:Boise~Merid'ain,~:Ada~ C:ounty,-Idaho; being~:mare`Part~icularly
described as follows:
. +Fr .. ...+ .. A~w a .. .. .. .. .. .. .4~ r' 3 < _.
Commencing at the section corner common to Sections 5, 6, 7, and 8 of said
Township and Range; =which. is~marked by~ a ~bKass~•.cap: monument;.::• ~--~~~ ~~ - =:
thence South 89° 59'.°1:6''~,Easts1336.31'feet.along'the-section, line;common to
said sections 5 and 8 to a point being 10.00 feet east of the southwest corner
;,.~: ":
~ofahe~S:E 1a4 of the: SW~1.l4~~of said sec"tion 5; . . ~ ... :"" ~. .... .
thence .North 00° 26' S8" East 68.21 feet and parallel with the west line of said
SE 1/4 of the SW 1/4 of said section 5; .• .
thence South 89° 32' S6" East 230.00 feet and parallel with:tte~centerline of
Fairview Avenue to the TRUE POINT OF BEGINNING, said point being 57.00
'.: ~.:feet~distant from:(when~-measured at right~ai~gles~~to~~ the: center, line:of.~:•:~~ ~~.
~Fairvi:ew:Avenue,4 . -. .. ...:s-t. ....... ~, .... ' ~ . _,:;' ..... ,,
thence North 00° 26' S8" East 619.56 feet and parallel with the west line of the
SE1/4'of=the°S~W~~1/4~~ofsai.dsectiQn~:S°to.apoint;:' ... :~~~: ~: =~i..... :~~~. .
thence South 59° 53' 42" East 582.68 feet to a found 5/8" iron pin;
,:~~thence.~~Sduth:00°-23' 38"~West.331:27 feet~to~a,point being 57.:00 feet 'distant
from (when measured at right ~angles,to) the ienter~line~'of'Fairvi~ewi~Avenue;
._~~::: ;thence North=89°'~32'' S6?t~West~60668 feet:and-parallel>'uvith~the~center?Iine of
..Fairvieani~Avenueto~ahe~P.OINT~O'F=BEGINNING. - ~ •' ~ -~ 1=~ • • ~ ..
WE'STSIDE BIBLE CHAPEUDENNIS HICKS~~~ ~~'~~~~ ~ t~` ~.... ':.`' ~~~~.~ ":~: . .
2 7~~
AND ~::. ~ -a;..,.:. .~.. '' ..
~ '~h.J • ail'
.~ .PARCEL--`'°TWO; ~~; :~~.. ~. .. ... _;~' :, ,.~ ;' ~~ ,',~'. ~ ... 5
• ~~~: A:pa'reel-of.aarid~ .orated :in~the-SEA 1/4 ~of the S,W.:1/4~'of~the SW -1/4-of Section~~5,.:
Township 3 North, Range 1 East of the Boise Meridian, Ada County; IdaPo.,.~: ' -`~ .k
being more particularly described as follows:
Commencing at the corner common to Section 5, 6, 7, and 8 of said Township
_ ~~: ~. and Range;:which~is`rnarked by a:brass;cap:monurnent;,:~. ~ ,~:;..< <~•~; t . -, .
thence South 89° 59' 16" East 1336.31 feet along the section.;lin.e~comrnon to; ~ ~~-~
said sections 5 and 8 to a point being 10.00 feet east of the southwest corner
of the SE 1/4 of the SW 1/4 of said section 5; :>:~~i''; ~~~~:•~.°•~.~~
.: '~ thence North<'00°, 26''58"=East:1~.9.3;21:feet arid;paralle ~ withahe westaine of said
~~:'~ SE:1~/4ofahe:SW 1.14 of saidsecton-=5 tathe~TRUE-~P:O.INT :OF:BEGLNN;I:NG;
thence North 00° 26' 58" East 625.51 feet to a point;
.•. .. .~] a t.. . r.' t .J f ~ ~.,.: ~. .. .. ~ .. .....;. r .. ~3. •.. 1 ~ 5 - ~%+.,'
thence South-~59°~~53-~42" mast 264.67 ~fe:et.to:a'.point;'- `' ... _ ..~. ., .
.•t. :~.
thence•South~0.0° 26':~58'"West49456:',feettoa':point;k'~:~ .~ ~'°' . ~•_~ ~~
thence North 89° 32' S6" WEst 230.:00 feet. and parallel-with the centeT~line of
Fairview Avenue to the POINT OF BEGINNING.
AND ..~::;:.......,,~ :.:..... , . _ ,.~ . .,
. PARCEk_.THREE ....... .. .. -. _, .. _~: ... _. ~:'~ ,', , . ~:: .__ ...
« ~_ ;i" ~.' ~. ,. s .. .. ' c~t_ka o 4:i 1 ..'=2-. ., u ~~~ tJ: . vt. .. .F: .. , .s
A parcel-of land: ocated.~.in~:the=S:E 4/4° of the~;SW~ 1,/4 :of~~S.eetion~ 5,-~Township 3
North, Range 1 East of the Boise Meridian, Ada County, Idaho;<being~more
particularly described as follows:
Commencing at the section•;corner:common to-.Sections ~5;: 6~,: 7;, grid 8.ofsaid
Township and Range, which is marked by a brass cap monument;
thence South 89° 59' 16" East 1336.31 feet along the section line common to
:: ~ said sections ~5arid -8 ~to:a~p:oint being .10..0.0: feet~east of the. southwesf corner
ofahe.SE 1 /.4~ofthe•:SW ~1/4 Hof said section:5; •<.~. ..~~~°~: ~~:. ~ . ~~~ ~.~ :~. ~~:-. --~`
~; :,thence North00.° .26'.58"~Eastk6821 }feet=.and-parallel viith~ tlie:wesf line;:of said
SE 1/4 of the SW 1/4 of said sectiQ:n-Sto-the'TRUE POI;NT~OF.,BEGtNNING,
WESTS.IDE BIBLE CHAPEU DENNIS HICKS:.:'.'°~'+z :~~`~~:~,~s ~~.,~:"..~a.,;~; _ -r° :-Y:~:; ..' PAGE~2'=
~; 279
~<<;~~ a=.~said`point "being :57e00~feet~distant frr~--(when rneasuredyat~~ight~angles~.l~.
to) the center line of Fairview Avenue;
thence North 00° 26' S8" Eas# 125.00 feet and parallel with the west line of
SE 1~'/4 of~the~.SW~1,/4~of. said.:~section;5°;to::a point; ~. ~... .. - .._ .~ :, ~. -
thence South 89° 32' S6" East 230.00 feet to a point.; ~ .. ..... , .,
~thence.South:QO°~~26'~:58'•' West1:25:00 feetao a point'being•.5,•7,;00 feet_distant
:from (.when measured:.at°~i:ight~'angles~to)rythe: center ~line;of'.Fairview;Avenue;
thence North 89° 32' S6" West 230.00 feet and parallel with the center line
of Fairview Avenue~ao~~the;POINTOf~B.EGINNING.~.:.. ~:.~.~~ ~~~ ~: .. .. , :~
1 S.
AND
PARCEL. FO.UR':. ~ .. -•~ .'' .. . , ... .. ~. ~, .._ ,:. °' ... ~:~ .. .. ......
A parcel of land located in the SE 1/4 of the SW 1/4 of Section 5, Township 3
North;. Range::I~~East of~the.~Boise Meridian;~.Ada.~Co"unty:,: Idaho; being~rnore
particularly described as follows: s•,•; ...... ,.. • .. ~; ..; ~: ~ ~,~ ~.. ~:<<:. _.~ .
Cornrnencing~atsthe,section cornercommon to.Sectiori`s;.5,~6; 7;:and•8..~of;•said
Township and:Range; vvhich~;s"rriarked by :a~b~rass~cap monument;~,.: - ~: ~ :,;
thence South 89° 59' 16" East 1336.31 feet along th.e.-sec~ion.aine:~common to
said sections 5 and 8 to a point being 10.00 feet east of the southwest corner
>of -the .SE 1 /4.. of the S.W:1:/.4 ~f aaid :~section'~5; ,. .. -: _ .. ~;~<{. {~ . , .. , .. 2
~. thence North 00° 26' S8" East 6.1.21 feet and parallel with the west line of said
SE 1/4 of~the~SW 1-/..4of=said.section5~,to;tfeTRUE:P011VT~OF B.E;GINNIN:G,
said point being 50.00 feet distant from (when measured at right angles to)
the center,l,in.e~ of°Fairvi.ew:Avenue,: ~~ • . •.r ' .. ~ . , _ . ~- - .
4.
thence North 00° 26' S8" East 7.00 feet and parallel with the west line of.the
SE 1/4 of the SW 1/4 of said section 5 to a point;
thence South 89:° 32' 56"~East~:736:68'.:feet and; parallel:.vyith;>:he center. Line
of Fairview Avenue to a point;
thence South 00° 23' 38" West 7.00 feet to a point being 50.00 feet distant
! from (when measured at right angles to) the center line of Fairview<<:Avenue;
' ~~ thence.rNorth:;8,9° ••32':56".West 736::69.feet~ and parallel.~with'tk~e°center:•: line of
:Fairview-Avenue:to~ahe•P:OLNT.,OF:-BEGLN.N~NG::• ~. ~ .._ ~ - I>:
WESTSLDE~..BIBLE CHAPEL! DENNIS HICKS `:~' ::~ ~ %~~~~:~~'~ ~ ~ .~ ~ ~~-• ~~.~ ` ' ~= ~ -~~= ~~'~-`:~PAGE~,3
280
NOW; THEREFORE, BED IT~ ORDAINED 'by-.the Mayor and :City Council°ofahe City
of Meridian, Ada County, Idaho:
Section 1. That the above~and referr`.enced~.real~property'described as° ."~
PARCEL ONE , . , . r . ~ ~.. . ~ _ .... a . ~~,.,~:~ ._. ,.,
:~-~.:A:pa~sei °of land~located~in the~°5E=1/4°:of~:fte.SW°1/.4:of`Section-S, Township 3
. ~North;~~Range~1~':East ~of the~~Bose:~Meridian;~Ad'a County:;: adaho,-being more
particularly described as follows:
Commencing at the secti:onecorner~cornmon'to~Sectioris..5; 6~;~~~7; and=8-of ~•~..
said Township and Range, which is marked by a brass cap monument;.
thence South 89° 59' 16" East 1336.31 feet along the seciion line common
to said sections 5 and 8 to a point being 10.00 feet east of the°.-southwest ~:
corner of the SE 1/4 of the SW 1/4 of said section 5;
-thence`~~North 00°~ 26'~~58'~ East~68:21~feet and~paralle.l with~the;west-line:~of~
said SE 1/4 of the SW 1/4 of said section 5 ~.~. ._ . h.,:h,~;..:,-;.=. , . .. ~ •.;~~^~~-. .
':=ahenceSoutti 8~9°:32'~;56'`-East 230:00 feet and paral el~-with°ahe~centeraine
of Fairview.Avenue to~ahe.TRUE~.POINT .OF~~BEGtNNI:N.G,~'s`ai~d :point being
57.00 feet distant from (when measured at right angles to) the center
dine°of~FairviewsA~enue, . ..~ ..... .. ~ " ~ ~ ~~> ;~., ~ ~: = . _ ~ ~ ~; ..~ .. .. . .
thence North 00° 26' S8" East 619:56 feet: grid parallel with~~the west lirie~of
the SE 1/4 of the SW 1/4 of said section 5 to a point;
::' ~
~thence~ S:outf~ 59 r 5~3'° 42" East~:5"82:6$ ~feetao affound =5/8" iron•piri - -~'. ~~ : ~~:~~
thence South 00° 23' 38" West 331.27 feet to.°a point+berg 57~.00~-feet ~=•~ ~:
distant from (when measured at right angles to) the center line of Fairview
Avenue; , .. ~ .. ~ `~. ; .. ° :~...: ... t . s~~~ •.. . .
thence North 89° 32' S6" West 506.68 feet and parallel with the center
Fine ofi~FaiiviewAveriue to the a PO1NT OF BE.G1NN'IN;G.
AND
t ., ,..~
..PARCEL°TW.O" ..~' ,... ~::~ .~~: ~F- ,:. ~~-. .-:~°.~...... ~~,,:-,,~ .
rp'
`: A':parcehof:~land locatedyin:=the::SE~ 1 /4~~ofahe .SW _1`/4:of ~Seation: 5;. Town~sh~ip 3
North, Range 1 East of the ~Boise~'Meridian; Ad'a"County;:ldaho;~ being more
WEST.SIDE BIBLE CHAPEU DENNIS HICKS ~.. ~ . ~~` ~~ .. ": ~-j`:- _ •°PAGE.4
281
particularly ~des'cribed as follows 7 ~ `' ~~- ~ - ~~ ~- ~'~~ ~ } ~:
Commencing at the section corner,common to Sections 5, 6, 7 and 8;of.said~
' Township and Range, which is marked by a brass cap monument;
thence South 89° 59' 16" East:1336.3~1 feet~afongthe~section,•line;common;to
said sections 5 and 8 to a point being 10.00 feet east of the .southwest corner
of the SE 1!4 of the SW 1!4 of said section 5; ~--;,; =
thence North 00° 26' S8" East 193.21 feet and parallel with the;west; line. of: said
.SE 1/4 of,the SW 1/4 of said sectors 5 to the TRUE POINT OF BEGINNING;
~.
thence Naith 00°`'26'~°58"•~E~st~625:51:feetito:a•point; :~ <~:. . . ~~
thence.South 59° 53' 42" East 264.67 feet to a point;
thence South`00° 26' °5`8" West 494:56=feet~to~~a: point; .. , ... ~. _ _.
'~ ce North~89~ ~ ~2 56 1Nest~~23000~-feet`arid parallehwith thecenter, line:,of
'then ' ~; .... _ .. ~ ~ . ~ .,
~, ~Farview'AVenue-'to the POtNT'OF BEGINNING ~ '
~ . _... ~' .., fir` ~ - ,
AND _ :,~:: ..
PARCEL THRErE ~ ., ~. _.. ... _. r~: ~~_.~. _ .. ~ . , ..~~.
A parcel of land located in the SE 1/4~~of the~~SW 1~/4: of ~Sect~on- 5, ~ow~~ e 3
North, Range 1 East of the Boise Meridian, Ada County, Idaha, being
r ~• . R ,
particularly descrbed'as followsa` ~ ~ ~ r. ~ ` ~ '
. f'.
Commencing at the section corner common .to Sections 5, 6, 7, and 8 of said
Township and°Range=wli+ch +s marked~by~a~brass cap monument,;,; , ~ b;;s
i ... ... ~ ..~.M= .. -.. ;:.
,thence South. 89°' S9' 16" East 1336.31 feet along the section line common
' ~ ~' to`said sectioris~5 acid 8~to a~pc~ii~t being..10.OO~feet_east ofahesouthwest.:
,:
corner 'of'the `SE'1 /4 6f ~the~•SV11~=1~/4:=of ~~Said~ section 5; .. ... :~..~: ~.
~' thence N~orth'00° °26'''58"~~East~68-;21 ~feef~and° pacall~l with the~wes~t line ,of said
SE 1 /4 of the SW 1 !4 of said iseetion~.5rto ahe~ TRUE <PO d a :O:F Bang es toG
said point being 57.00 feet distant from (when measu 9
' ° ~ • the~centet lne~of F~arvievu~Avenue;~ ~.~ ... `•. - . ~ • • . ` <<~~4 = ~ t- • t • • ~T - ~ ~~~ -
~ ~`~'~~ `~'~° thience'North'00°~ 26' ~5.8"'East°1`25:00 feefi:and:parallet.with~the.~west, line~,of the,-:,;.
~ .SE 1 /4 of the SW 1 /4 of said section 5 to a point;
:~ ~ t r- ...' C. ~..~ ~ ! .: ~.°~ •l... .fir .. .. s . ~ ~ ... _ ._ .... ,
thence South 89° 32' S6" East 230.00 feet to a point;
WE~ST~SLDE BIBLE CHAPEL/ DENNIS HICKS ~ =- ~~ a ~ °~~ ~_ ~ ~- .~° • ~'` ~ ~_ ~~:,' ° -~P;,AGE;;5.;`
282
thence South 00° 26' S8" West 125.00 feet to:a•;point:;being,57:OO,feet ,,, .: „
distant from (when measured at right angles toj the center line of Fairview
Avenue;;- ..~- ~ •. ...~~~ ~ .. .. -
thence North 89° 32' S6" West 230.00 feet and parallel with the center line
`of Fairview~Avenue~to-the'POINT:OF BEG.LNNING ~ ~~ ~ . ~.~ ,
AND .. .. "~;:: ~ . ~ ~ ...~ y. ;•<r .. „ ~'' ° ~ ,f. , . ~ '_
,' J _' '.
A parcel of land located in hte SE 1 /4 of the SW 1~/4 of Section 5, Townstiip~~3
North, Range 1 .East of the B.oiseYMeridian;-Ada,.~C.9unty;~;Ldaho,.beingmore,::
particularly described as follows:
t:.... _
Commencing at the section corner common to Sections 5, 6, 7, and 8 ~of said
Township and Range, .which:is,marke~dwby,abrass cap ~monuCnent;,, ,. ~ ,, .,:
`therice~=S`oiath 89°59'~~16"..East 1;336 31: feet:a,1,ocng,the:sectionline.,common,to
said sections 5 and 8 to a pointbeing.10.Q0~feet•east:.of the_ southwest corner
of the SE 1/4 of the SW 1/4 of said section 5; ~' ~~
_.
thence North 00° 26' S8" East 61..21 feet and parallel with the west line'of •said
SE 1/4 of the SW 1/4 of said section 5 to the TRUE POINT~OF: BEGINNING,
said point being 50.00 feet distant from (when measured at right angles ~to)'
the~~center lne:ofthe~FairvievvAvenue; :3:, .~.. -r_. + ,
thence North 00° 26' S8" East,7.00 feet and•,parallel with ttie west,lne of the
SE 1/4 of the SW 1/4 of said section 5 to a point; ~ w ~ ~ ~ ~ ~ "-'
thence South~89°-~32'~:56'•' East:Z:36:68;feet.and:parallel.~with.the center line=
of Fairview Avenue to a point;
thence'~South 00° 23':38".West 7.OO~feet toga, point .being 50,;00 feet distant from
(when measured at right angles to) .the ,center ~line;of-Fairview.Avenue, ,,.,.:
:.
°~ -thence' N'orth•89°'32' 56'~~West.~736>69feet.and:paraliel~:withrthe~center line of
Fairvievri'i4ve'nue ~fo~ttie :F.OINTcOF; B:EGLNNING ~ v•~ , ~ ~ ~ ~'
are hereby annexed to: the City of Meridian, and PARCEL. O.IUE; is:zoned General Retail
and Service'Coinme~cial-(C~-G); and-PARCELtTWO s~;,zoned General~;Retail and.Service
Commercial (C-G), and PARCEL THREE is zoned Community Business District (C=C), and
WESTSIDE BIBLE CHAPEL/ DENNIS HICKS:. ~ ~ ~ .:PAGE .6
283
PARCEL FOUR is road right of way and is zoned the same as the land abutting property;
the annexation and zoning is subject to the conditions~r.-eferrenced in-the:Findings of Fact
and Conclusions~of Law~as~adop'te~d~byahe~.Meridian,Council.on the.requ,estfor•. annexation
and zoning; that Applicant shall pay any impact development fee or transfer fee adopted
by the City of Meridian as~~a'condition:'ofFarriexation.and~if not paid•theaand shall be de-
~.t~:-~~-• ~~Section 2~That~the propertyshall:.be subject:to~de-annexation if'the~owner:stiall:nofi,
meet the following requirements: .... - . .. - .. -. : -~, °•- '~~ °~~~ - ::• ~-.: ~ :.~'
• .._° ~ a; :Thatthe Applicant.will°be required.to:.connect„to,Merdian.vuateryand~aewer and
resolve how the water and sewer mains will serve the land.
.. .. . ~ . .. .. ... .. .. .t 1 _ -
b. That the development of the property shall be subject to and controlled by the
`-~ . •'~~- :~Subd~ision and ~De~el:opment~ Ordinnace: and. the Meridai'n. Comprehen ive -~
~ Plan adopted January 4, 1994.
c. That portion of Fairview Avenue which is included in the development shall be
.. ~~.::aethet~ically:maintained~with:a.-35~~foof.setback~for::landscaping. .~ . .
:~ ~~d. ~,~That ~ariy 'development: plans will~;have: to: hovu.~adequate. ~access~~;and~ wiPl;~have~
to meet City requirements and those of the Ada County Highway District.
e. That, as a condition of annexation, the Applicant shall be required to enter into
• . •;`~~ . u •~.~= a devetoprrient~ag~reement as~ authorizedaiy,~ 1~1~-2=41:6 ~L sand ~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~tte`Revised and Compiled Ordinances of the City
of Meridan.
. ,,...,.-„_, ..,_2.-_--.,The,Applicant.and,owners of the property, and if required, any assigns,
~~'~ ~ ;~~ ~=heirs; executors-o:r~~per"sonal representatives, pay, when required, any
impact development fee or transfer fee adopted by the City.
,. ... .
f. 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 the tiling of ditches and waterways..,. ,,. _ ,-.....,..,.__...... _ ~ , . ~ _..._ .~ - ..., ..
WESTSID:E BIBLE CHAPEU DENNIS HICKS- : ~ ~ - . ; ~ : r' ~~ :'F.. ~- .~: PAG~En 7~ •`'t'~
284
g. That these conditions shall run with. the land and bind the applicant, the
. • titled owners,~:and -thier..:assigiis: ~ r _ : ,r.<.:~ .. ;~ t ~ ... • . ~ ;• -, ~;: : $::,~ .
. _~.~ h:.,.That: if:~these ~coriditions=.of.'approval~•.are note rnet;~the property, steal l..be<subject .
to de-annexation.
i. Meet the requirements and conditions of the Findings of Fact and Conclusions
. •.~ ~ =:'of:Law:and•me`et the Ordinan:ces~of~;the~City,•ofi:Meridian. ~.~ ~ ..,=;:` --.• :~•:y~ .• ~~: •.~;
Section 3. That if Applicant shalt fail to meet the above conditions the property shall.
be~subjectao~de-annexation,~which:,conditions subsequent-shall:;run=with~the land; a'nd also
be personal to the owner and Applicant. ... y~~::•~•'.•.r,:~ , :: .. .... ,•
-. ~Section:4: -~Thatthe;City: Clerk shall cause;one~:(1)~copy.~of~theleg'al„description, and
map, which shall plainly and clearly designate the boundaries of said property, to be filed
, ..
with the~~Ada County Recorder,Ada:CountyAssessor~;~and~:the~.State Tax Commissioin with
10 (10) days following the effective date of this Ordinance.
n
Section 5.. ~°EFFECTIVE~DATE~ .There:being:any:emer..g.ency;;~which~•emergency is
hereby~declared~~ao.exist,:~this Ordinance°shall~be.in;ful~,~fo'rce~.and~-effect:from=and after its
_ ~. _ . -.
passage and approval as required by law.
~,~~ : ~'PAS~SED by~~the:Cify~Councii.and•:approve.d by=the~.Mayor•of;the City.of Meridian,
Ada County, Idaho, this 1st day of February, 1994.
. ~:
.. .. •~. ,: ,.. •~. _ , . .._ ...~~~:MAYOR-:=:GRANT... .~ iN F R
ATTEST:
~C
WfLLIAM G. BERG, JR. C CLERK
WESTS'I:DE BIBLE CHAPEL/ DENNIS HICKS.:< : :.r _~:: Y_~-'' . ' ~ . .~ ;~,~~~-~ :RPAG'E~8~ •'~
ORDINANCE NO. 32. ORiGiNAL
AN ORDINANCE OF THE CITY OF MERIDIAN ANNEXING AND ZONING CERTAIN
REAL PROPERTY WHICH IS DESCRIBED AS A PORTION OF THE SE 1/4 OF THE
SW 14 OF SECTION 5, T.3 N., R.1 E., 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:
PARCEL ONE
' � n
a 1 7 AAAparcel of land located in the SE 1/4 of the SW 1/4 of
Section 5, Township 3 North, Range 1 East of the Boise
EIV �� Meridian, Ada County, Idaho, being more particularly
described as follows:
J.
CiU1S� 'O Commencing at the section corner common to Sections 5, 6,
Boi 7, and 8 of said Township and Range, which is marked by
a brass cap monument;
94 FEB thenc South 89° 59' 16" East 1336.31 feet along the
O
�.F E;. � � ___�_ _,' line common to said sections 5 and 8 to a point
RECOfiGE:; Al 10.00 feet east of the southwest corner of the SE
1/4 of the SW 1/4 of said section 5;
thence North 00° 26' 58" East 68.21 feet and parallel
with the west line of said SE 1/4 of the SW 1/4 of said
section 5;
thence South 89° 32' 56" East 230.00 feet and parallel
with the centerline of Fairview Avenue to the TRUE POINT
OF BEGINNING, said point being 57.00 feet distant from
(when measured at right angles to) the center line of
Fairview Avenue;
thence North 00° 26' 58" East 619.56 feet and parallel
with the west line of the SE 1/4 of the SW 1/4 of said
section 5 to a point;
thence South 59° 53' 42" East 582.68 feet to a found 5/8"
iron pin;
thence South 00° 23' 38" West 331.27 feet to a point
WESTSIDE BIBLE CHAPEL/DENNIS HICKS Page 1
being 57.00 feet distant from (when measured at right
angles to) the center line of Fairview Avenue;
thence North 89° 32, 56" West 506.68 feet and parallel
with the center line of Fairview Avenue to the POINT OF
BEGINNING.
AND
PARCEL TWO
A parcel of land located in the SE 1/4 of the SW 1/4 of
Section 5, Township 3 North, Range 1 East of the Boise
Meridian, Ada County, Idaho, being more particularly
described as follows:
Commencing at the section corner common to Sections 5, 6,
7, and 8 of said Township and Range, which is marked by
a brass cap monument;
thence South 89° 59, 16" East 1336.31 feet along the
section line common to said sections 5 and 8 to a point
being 10.00 feet east of the southwest corner of the SE
1/4 of the SW 1/4 of said section 5;
thence North 00' 26' 58" East 193.21 feet and parallel
with the west line of said SE 1/4 of the SW 1/4 of said
section 5 to the TRUE POINT OF BEGINNING;
thence North 00° 26' 58" East 625.51 feet to a point;
thence South 59° 53' 42" East 264.67 feet to a point;
thence South 00° 26' 58" West 494.56 feet to a point;
thence North 89' 32, 56" West 230.00 feet and parallel
with the center line of Fairview Avenue to the POINT OF
BEGINNING.
MW%
PARCEL THREE
A parcel of land located in the SE 1/4 of the SW 1/4 of
Section 5, Township 3 North, Range 1 East of the Boise
Meridian, Ada County, Idaho, being more particularly
described as follows:
Commencing at the section corner common to Sections 5, 6,
7, and 8 of said Township and Range, which is marked by
WESTSIDE BIBLE CHAPEL/DENNIS HICKS Page 2
a brass cap monument;
thence South 89° 59, 16" East 1336.31 feet along the
section line common to said sections 5 and 8 to a point
being 10.00 feet east of the southwest corner of the SE
1/4 of the SW 1/4 of said section 5;
thence North 00° 26' 58" East 68.21 feet and parallal
with the west line of said SE 1/4 of the SW 1/4 of said
section 5 to the TRUE POINT OF BEGINNING, said point
being 57.00 feet distant from (when measured at right
angles to) the center line of Fairview Avenue;
thence North 00° 26' 58" East 125.00 feet and parallel
with the west line of the SE 1/4 of the SW 1/4 of said
section 5 to a point;
thence South 89' 32' 56" East 230.00 feet to a point;
thence South 00° 26' 58" West 125.00 feet to a point
being 57.00 feet distant from (when measured at right
angles to) the center line of Fairview Avenue;
thence North 89' 32' 56" West 230.00 feet and parallel
with the center line of Fairview Avenue to the POINT OF
BEGINNING.
AND
PARCEL FOUR
A parcel of land located in the SE 1/4 of the SW 1/4 of
Section 5, Township 3 North, Range 1 East of the Boise
Meridian, Ada County, Idaho, being more particularly
described as follows:
Commencing at the section corner common to Sections 5, 6,
7, and 8 of said Township and Range, which is marked by
a brass cap monument;
thence South 89° 59, 16" East 1336.31 feet along the
section line common to said sections 5 and 8 to a point
being 10.00 feet east of the southwest corner of the SE
1/4 of the SW 1/4 of said section 5;
thence North 00° 26' 58" East 61.21 feet and parallel
with the west line of said SE 1/4 of the SW 1/4 of said
section 5 to the TRUE POINT OF BEGINNING, said point
being 50.00 feet distant from (when measured at right
angles to) the center line of Fairview Avenue;
WESTSIDE BIBLE CHAPEL/DENNIS HICKS Page 3
thence North 00° 26' 58" East 7.00 feet and parallel with
the west line of the SE 1/4 of the SW 1/4 of said section
5 to a point;
thence South 89° 32' 56" East 736.68 feet and parallel
with the center line of Fairview Avenue to a point;
thence South 00' 23, 38" West 7.00 feet to a point being
50.00 feet distant from (when measured at right angles
to) the center line of Fairview Avenue;
thence North 89° 32' 56" West 736.69 feet and parallel
with the center line of Fairview Avenue 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 above and referenced real property
described as:
PARCEL ONE
A parcel of land located in the SE 1/4 of the SW 1/4 of
Section 5, Township 3 North, Range 1 East of the Boise
Meridian, Ada County, Idaho, being more particularly
described as follows:
Commencing at the section corner common to Sections 5, 6,
7, and 8 of said Township and Range, which is marked by
a brass cap monument;
thence South 89° 59' 16" East 1336.31 feet along the
section line common to said sections 5 and 8 to a point
being 10.00 feet east of the southwest corner of the SE
1/4 of the SW 1/4 of said section 5;
thence North 00' 26' 58" East 68.21 feet and parallel
with the west line of said SE 1/4 of the SW 1/4 of said
section 5;
thence South 89° 32' 56" East 230.00 feet and parallel
with the centerline of Fairview Avenue to the TRUE POINT
OF BEGINNING, said point being 57.00 feet distant from
(when measured at right angles to) the center line of
Fairview Avenue;
WESTSIDE BIBLE CHAPEL/DENNIS HICKS Page 4
thence North 00' 26' 58" East 619.56 feet and parallel
with the west line of the SE 1/4 of the SW 1/4 of said
section 5 to a point;
thence South 59° 53, 42" East 582.68 feet to a found 5/8"
iron pain;
thence South 00° 23' 38" West 331.27 feet to a point
being 57.00 feet distant from (when measured at right
angles to) the center line of Fairview Avenue;
thence North 89° 32' 56" West 506.68 feet and parallel
with the center line of Fairview Avenue to the POINT OF
BEGINNING.
AND
PARCEL TWO
A parcel of land located in the SE 1/4 of the SW 1/4 of
Section 5, Township 3 North, Range 1 East of the Boise
Meridian, Ada County, Idaho, being more particularly
described as follows:
Commencing at the section corner common to Sections 5, 6,
7, and 8 of said Township and Range, which is marked by
a brass cap monument;
thence South 89° 59' 16" East 1336.31 feet along the
section line common to said sections 5 and 8 to a point
being 10.00 feet east of the southwest corner of the SE
1/4 of the SW 1/4 of said section 5;
thence North 00° 26' 58" East 193.21 feet and parallel
with the west line of said SE 1/4 of the SW 1/4 of said
section 5 to the TRUE POINT OF BEGINNING;
thence North 00' 26' 58" East 625.51 feet to a point;
thence South 59' 53' 42" East 264.67 feet to a point;
thence South 00° 26' 58" West 494.56 feet to a point;
thence North 89° 32' 56" West 230.00 feet and parallel
with the center line of Fairview Avenue to the POINT OF
BEGINNING.
AND
PARCEL THREE
WESTSIDE BIBLE CHAPEL/DENNIS HICKS Page 5
A parcel of land located in the SE 1/4 of the SW 1/4 of
Section 5, Township 3 North, Range 1 East of the Boise
Meridian, Ada County, Idaho, being more particularly
described as follows:
Commencing at the section corner common to Sections 5,
6, 7, and 8 of said Township and Range, which is marked
by a brass cap monument;
thence South 89' 59' 16" East 1336.31 feet along the
section line common to said sections 5 and 8 to a point
being 10.00 feet east of the southwest corner of the SE
1/4 of the SW 1/4 of said section 5;
thence North 00° 26' 58" East 68.21 feet and parallal
with the west line of said SE 1/4 of the SW 1/4 of said
section 5 to the TRUE POINT OF BEGINNING, said point
being 57.00 feet distant from (when measured at right
angles to) the center line of Fairview Avenue;
thence North 00' 26' 58" East 125.00 feet and parallel
with the west line of the SE 1/4 of the SW 1/4 of said
section 5 to a point;
thence South 89° 32' 56" East 230.00 feet to a point;
thence South 00° 26' 58" West 125.00 feet to a point
being 57.00 feet distant from (when measured at right
angles to) the center line of Fairview Avenue;
thence North 89° 32' 56" West 230.00 feet and parallel
with the center line of Fairview Avenue to the POINT OF
BEGINNING.
AND
PARCEL FOUR
A parcel of land located in the SE 1/4 of the SW 1/4 of
Section 5, Township 3 North, Range 1 East of the Boise
Meridian, Ada County, Idaho, being more particularly
described as follows:
Commencing at the section corner common to Sections 5, 6,
7, and 8 of said Township and Range, which is marked by
a brass cap monument;
thence South 89° 59' 16" East 1336.31 feet along the
section line common to said sections 5 and 8 to a point
being 10.00 feet east of the southwest corner of the SE
WESTSIDE BIBLE CHAPEL/DENNIS HICKS Page 6
1/4 of the SW 1/4 of said section 5;
thence North 00° 26' 58" East 61.21 feet and parallel
with the west line of said SE 1/4 of the SW 1/4 of said
section 5 to the TRUE POINT OF BEGINNING, said point
being 50.00 feet distant from (when measured at right
angles to) the center line of Fairview Avenue;
thence North 00° 26' 58" East 7.00 feet and parallel with
the west line of the SE 1/4 of the SW 1/4 of said section
5 to a point;
thence South 89' 32' 56" East 736.68 feet and parallel
with the center line of Fairview Avenue to a point;
thence South 00° 23' 38" West 7.00 feet to a point being
50.00 feet distant from (when measured at right angles
to) the center line of Fairview Avenue;
thence North 89' 32' 56" West 736.69 feet and parallel
with the center line of Fairview Avenue to the POINT OF
BEGINNING.
are hereby annexed to the City of Meridian, and PARCEL ONE is zoned
General Retail and Service Commercial (C-G), and PARCEL TWO is
zoned General Retail and Service Commercial (C-G) , and PARCEL THREE
is zoned Community Business District (C-C) , and PARCEL FOUR is road
right-of-way and is zoned the same as the land abutting property;
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 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
WESTSIDE BIBLE CHAPEL/DENNIS HICKS Page 7
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
Ordinance and the Meridian Comprehensive Plan adopted
January 4, 1994.
C. That portion of Fairview Avenue which is included in the
development shall be aesthetically maintained with a 35-
foot setback for landscaping.
d. That any development plans will have to show adequate
access and will have to meet City requirements and those
of the Ada County Highway District.
e. 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 Applicant and owners of the property, and if
required, any assigns, heirs, executors or personal
``.' representatives, pay, when required, any impact
development fee or transfer fee adopted by the
City.
f . 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.
g. That these conditions shall run with the land and bind
the applicant, the titled owners, and their assigns.
h. That if these conditions of approval are not met the
property shall be subject to de -annexation.
i. 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
.... WESTSIDE BIBLE CHAPEL/DENNIS HICKS Page 8
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.
I.-W,
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 1st day of February,
1994.
APPROVED:
. wo rw;nar na W,
ATTEST:
WILLIAM G. BERG, JR., - ITY CLERK
WESTSIDE BIBLE CHAPEL/DENNIS HICKS
Page 9
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 PORTION OF THE SE 1/4 OF THE SW 1/4 OF
SECTION 5, T.3 N., R.1 E., B.M., ADA COUNTY, IDAHO; AND PROVIDING
AN EFFECTIVE DATE", passed as Ordinance No. 63Z by the
City Council and Mayor of the City of Meridian, on the ��st
day of Fe bv cc a r-c� office. , 1994, as the same appears in my
DATED this —Z-�%day ofy 1
�}t
City Clerk, City of i . inn
Ada County, Idaho �y
STATE OF IDAHO,) ��
s s . !'�� �*A..
County of Ada,
On this 1 th day of February, 1994, before me, the
undersigned, a Notary Public in and for said State, personally
appeared WILLIAM G. BERG, JR. 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.
r\ X7
SEAL
rj
oA
�ary Public for Idaho
siding at Meridian, Idaho
commission expires 08/02/99
WESTSIDE BIBLE CHAPEL/DENNIS HICKS Page 10