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HomeMy WebLinkAbout636 Tuthill Subdivision AZ298 ORDINANCE NO. 636 AN 'ORDINANCE OF THE CITY OF MERLDIAN ANNEXING- AND ZONING CERTAIN REAL PROPERTY WHICH IS DESCRIBED AS A TRIANGULAR SHAPED PARCEL OF LAND LOCATED IN THE SE 1/4 OF THE NW 1/4 OF SECTION 2, T.3N, R.1W, 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 to annex to the said City real property which is hereinbelow described: A triangular shaped parcel of land loca#ed in the SE 1/4 of the NW 1/4 of Section 2, T.3N, R.1W, B.M., Ada County, Idaho, more particularly: described as follows: Commencing at the quarter corner common to Sections 3 and 2, T.3N, R.1 W, B.M.,: from which the Northwest comer of said Section 2 bears North 00°24'20" East, 2695.04 feet; thence South 89° 12'32" East, 1325:13 feet to the C-W 1/16 corner and the REAL POINT OF BEGINNING. thence North 00° 19'59" East along the West boundary of the SE 1 /4 of the NW 1 /4, 837.21 feet to a point; thence South 31 °22'18" East, 988.95 feet to a point on the East-West Mid-section line; thence North 89° 12'32" west, 519.75 feet to the Point of Beginning. NOW, THEREFORE, BE IT ORDAINED by the Mayor and City Council of the City of Merdian, Ada County, Idaho: Section 1. That the above and referrenced real property described as: A triangular shaped parcel of land located in the SE 1/4 of the NW 1/4 of Section 2, T.3N, R.1 W, B.M., Ada County, Idaho, more particulary described as follows: Commencing at the quarter comer common to Sections 3 and 2, T.3N, R.1 W,: B,M.: from which the Northwest corner of said Section 2 bears North. 00°24'20" East, ANNEXATION ORDINANCE - TUTHILL PAGE 1 299 .2695:04 feet; thence South 89°12'32" East, 1325.13 feet to the C-W 1/16 corner and the REAL POINT OF BEGINNING. thence North 00° 19'59" East along the West boundary of the SE 1 /4 of the NW 1/4, 837:21 feet to a point;-.. thence South 31°22'18" East, 988.95 feet to a point on the East-West Mid-Section ,..line; thence North 89° 12'32":.West, 519.75 feet to the Point of Beginning. is hereby annexed to the City of Meridian, that the annexation. and zoning is subject to the conditions refen-enced in the Findings of Fact and Conclusions of Law as adopted by the Meridian Council on fihe reques# 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 by 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 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, 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. d. That the development of annexed land must meet and comly 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$05,. M. which pertains to the tiling of ditches and waterways. ANNEXATION ORDINANCE - TUTHILL PAGE 2 300 e. That these conditions shall run with the land and bind the applicant, the titled owners, and thier assigns. f. That if these conditions of approval are not met the property shall be subject to de-annexation. g. Meet the requirements and conditions of the Findings of Fact and Conclusioins of Law and meet the Ordinances of the City of Meridian. Section 3. That if the Applicant shall fail to meet the above conditions the property shall be subject to de~annexation; which conditions subsequent shalt 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 City of Meridian, Ada County; .Idaho, this 15th day of March; 1994. APPROVED: GRANT P. KIN S O D, O ATTEST: /~~ WILLIAM G. BERG, JR., C ERK ANNEXATION ORDINANCE - TUTHILL PAGE 3 ORIGINAL ORDINANCE NO. 636 AN ORDINANCE OF THE CITY OF MERIDIAN ANNEXING AND ZONING CERTAIN REAL PROPERTY WHICH IS DESCRIBED AS A TRIANGULAR SHAPED PARCEL OF LAND LOCATED IN THE SE 1/4 OF THE NW 1/4 OF SECTION 2, T.3N., R.1W., 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 triangular shaped parcel of land located in the SE 1/4 of the NW 1/4 of Section 2, T.3N., `t 0 R. 1W. , B.M., Ada County, Idaho, more Ate,particularly described as follows: Commencing at the quarter corner common to j,uHY_ Sections 3 and 2, T.3N., R.1W., B.M.; BOISEI` from which the Northwest corner of said Section 2 bears North 00°24'20" East, 2695.04 ,D �iRnr feet; (94 r thenc�Suth 89*12,32" East, 1325.13 feet to FEE the C-W 1/16 corner and the REAL POINT OF RECO�%Lj- BEGINNING. thence North 00*19159" East along the West boundary of the SE 1/4 of the NW 1/4, 837.21 feet to a point; thence South 31°22'18" East, 988.95 feet to a point on the East-West Mid -section line; thence North 89*12132" West, 519.75 feet 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: ANNEXATION ORDINANCE - TUTHILL Page 1 A triangular shaped parcel of land located in the SE 1/4 of the NW 1/4 of Section 2, T.3N., R.1W., B.M., Ada County, Idaho, more particularly described as follows: Commencing at the quarter corner common to Sections 3 and 2, T.3N., R.1W., B.M.; from which the Northwest corner of said Section 2 bears North 00°24'20" East, 2695.04 feet; thence South 89°12'32" East, 1325.13 feet to the C-W 1/16 corner and the REAL POINT OF BEGINNING. thence North 00*19159" East along the West boundary of the SE 1/4 of the NW 1/4, 837.21 feet to a point; thence South 31*22,18" East, 988.95 feet to a point on the East-West Mid -section line; thence North 89°12'32" West, 519.75 feet to the Point of Beginning. is hereby annexed to the City of Meridian, 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 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, as a condition of annexation, the Applicant shall be required to enter into a development agreement as ANNEXATION ORDINANCE - TUTHILL Page 2 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. d. 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. e. That these conditions shall run with the land and bind the applicant, the titled owners, and their assigns. f. That if these conditions of approval are not met the property shall be subject to de -annexation. g. 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. ANNEXATION ORDINANCE - TUTHILL Page 3 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 /•�-day of March, 1994. APPROVED: GRANT P. -KYNGSFFOP ATTEST; x& WILLIAM G. BERG, JR. CITY CLERK 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 TRIANGULAR SHAPED PARCEL OF LAND LOCATED IN THE SE 1/4 OF THE NW 1/4 OF SECTION 2 . , T.3N. , R. 1W. , B.M. , ADA COUNTY, IDAHO; AND PROVIDING AN EFFECTIVE DATE", passed as Ordinance No. 636 , by the City Council and Mayor of the City of Meridian, on the 15TH day of March, 1994, as the same appears in my office. ANNEXATION ORDINANCE - TUTHILL Page 4 �.,•/ 1.0001 N%-i DATED this ` day of &a� /,-, 4 City Clerk, City o Ada County, Idaho 1994. 0 `�► I ' r P0R STATE OF IDAHO.) n .•». ' ti ss. d`>'T County of Ada, t� On this 15 th day of March, 1994, before me, the unders ;V 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. SEAL ��``� ®°` tp > `b S c, 't\0 0 1 Y�l��� ANNEXATION ORDINANCE - TUTHILL No ary Public tor�daho R siding at Meridian, Idaho 4 commission expires 08/02/99 Page 5 0