HomeMy WebLinkAbout635 Elk Run Subdivision No. 2294
ORDINANCE NO. 635
AN ORDINANCE OF THE CITY OF MERIDIAN ANNEXING AND ZONING CERTAIN
REAL PROPERTY WHICH IS DESCRIBED AS A PARCEL OF LAND S{TUATED IN A
PORTION OF THE NE 1/4, OF SECTION 24, T.3N, R.1W, B.M.; 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 annex to the said City real property
which is hereinbelow described:
A parse! of land situated in a portion of the NE 1 /4 of Section 24, T. 3N, R.1 W, B.M.,
Meridian, Ada County, Idaho, and being more particularly described as follows:
Beginning at a found aluminum cap monumenting the Southeast corner of the said
NE 1/4 of Section 24, said corner being the TRUE POINT OF BEGINNING, from
which the Northeast corner of said Section 24 bears North 00°3736" East 2,649.87
.feet;
thence, along the East-West midsection line of said Section 24 North 89°34'30"
West 137.10 feet;
thence leaving said midsection line North 32°17'30" West 117.99 to a point
on the centerline of the Kennedy Lateral;
thence along the said centerline of the Kennedy Lateral the following-four
courses and distances;
North 30°3T30" West 139.10 feet;
thence North 41°08'23" West 989.03 feet, (formerly know as North
41'37" West 1,019.00 feet), to the beginning of a curve;
thence along said curve 163.76 feet to the right, said curve having a
centralangle of ~°54'45" , a radius of 200.00 feet and a long chord
bearing of North 17°41'01" West, 159.22 feet (formerly known as North
25'06" West 82.05 feet);
thence North 05°46'22" East 39.11 feet, (formerly known as North 04'28"
East 86.00 feet, more or less), to the Southwest comer of Elk Run
Subdivision as it is shown on the official plat thereof; recorded-July 19, 1993
in Book 63 at page 6303, Ada County Records;
ANNEXATION ORDINANCE -ELK RUN 2 PAGE 1
295
thence leaving said centerline of Kennedy lateral and along the Southerly
boundary of Elk Run-Subdivision South 89°52'45" East 824.61 feet, (formerly
.known.as North 89'06'.' EAst 828.02 feet), to a found 5/8" iron pin and cap
marked P.E./L. S. 3260, monumenting an angle point on said southerly
boundary;
thence continuing along the boundary of -said .Elk Run Subdivision North
01°01'1.5" East 200:00 feet to a found 5/8" iron pin and cap marked P.E./L. S.
3260;
thence. continuing along.said boundary South 88°55'45" Eas# 1:52:74 feeYto a
found 5/8" iron pin and cap marked P:E./L.S: 3260 monumenting a point on
the Easterly boundary line. of said Section24; .
thence along said Easterly boundary South 00°37'36" West 1,351.37 feet,
(formerly known as South 1,347.44 feet) to the TRUE 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 referrenced real property described as:
A parcel of land situated: in a portion of the NE 1/4 of Section 24, T.3N, R.1 W
B.M., Meridian, Ada County, Idaho, and being more particularly described as
follows:
Beginning at a found aluminum cap. monumenting the. Southeast corner of the
said NE 1/4 of Section 24, said corner being the TRUE POINT OF BEGINNING,
..from which -the Northeas# comer of'said Section 24 bears-North 00°37'36" East,
2,649.87 feet;
thence,. along the East-West midsection dine of said Section 24 North 89°34'30"
West 137.1.0 feet;
thence leaving said midsection line North 32°1730".West117.99 to a'point on the
centerline of the Kennedy Lateral;
thence along the said centerline of the Kennedy Lateral the following four courses
Wand distances;
` 1: North 30°3730" West 139.10 feet;
2. thence North 41°08'23" West 989.03 feet, (formerly known as North 41'37"
West 1,019.00 feet), to the beginning of a curve;
ANNEXATION ORDINANCE -ELK RUN 2 `PAGE 2
296
3. thence along said curve 163.76 feet to the right, said curve having a
central angle of 46°54'45", a radius of200.00 feet and a long chord
bearing of North 17°41'01" West 159.22 feet .(formerly .known as North
25'06" West 82..05 feet);
4. thence North 05°46'22" East 39.11 feet, (formerly known as North 04'28"
East 86.00 feet, more or less), to the Southwest corner of EIk Run
Subdivision as it is shown on he official plat thereor, reocorded July 19, 1993,
in Book 63 at page 6303, Ada County Records;
thence leaving said centerline of Kennedy Lateral and along the Southerly
boundary of Elk Run Subdivision. South 89°52'45" East 824.61 feet, (formerly
known as North 89'06" East 828.02 feet), to a found 5/8"iron pin and cap
marked P.E./L.S. 3260, monumenting an angle point on said Southerly boundary;
thence continuing along the boundary of said Elk Run Subdivision North 01°01'15"
East 200.00 feet to a found 5/8" iron pin and cap marked P.E./L. S. 3260;
thence continuing along said boundary South 88°55'45" East 152.74 feet to a
found 5/8" iron pin and cap marked P.E./L. S. 3260 monumenting a poing on the
Easterly boundary line of said Section 24;
thence along said Easterly boundary South 00°37'36" West 1,351.37 (formerly
known as South 1,347.44 feet), to the TRUE POINT OF BEGINNING.
is hereby annexed to the City of Meridian; that the annexation and zoning is subject to the
conditions referrenced in the Findings of Fact and Conclusions of Law as adopted by the
Meridain Council on the request for annexation and zoning.
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 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.
ANNEXATION ORDINANCE -ELK RUN 2 PAGE 3
297
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 developmenYtime schedules and requirements,. and 11-9-fi05 M.
which pertains to the tiling of ditches and waterways.
e. That these conditions-shat! 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 Conclusions.
of Law.
Section 3: That if the Applicant shaA fail to meet the above conditions the property
shall be subject to de=annexation; which conditions subsequent shall run with the 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 Gounty, Idaho, this 15th day of March, 1994.
ATTES _
WILLIAM G. BERG, JR., CI CLE
ANNEXATION ORDINANCE -ELK RUN 2
APPROVED:
GRANT P. KINGSFORD, AY R
PAGE 4
ORIGINAL
ORDINANCE NO. 635
AN ORDINANCE OF THE CITY OF MERIDIAN ANNEXING AND ZONING CERTAIN
REAL PROPERTY WHICH IS DESCRIBED AS A PARCEL OF LAND SITUATED IN A
PORTION OF THE NE 1/4, OF' SECTION 24, T.3N. , R. 1W. , B.M. , 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 annex to the said City real property which is
hereinbelow described:
A parcel of land situated in a portion of the NE 1/4, of
Section 24, T.3N., R.1W., B.M., Meridian, Ada County, Idaho,
and being more particularly described as follows:
Beginning at a found aluminum cap monumenting the Southeast
corner of the said NE 1/4 of Section 24, said corner being the
TRUE POINT OF BEGINNING, from which the Northeast corner of
said Section 24 bears North 00*37136" East 2,649.87 feet;
thence, along the East-West midsection line of said Section 24
North 89034,30" West 137.10 feet;
thence leaving said midsection line North 32017'30" West
117.99 to a point on the centerline of the Kennedy Lateral;
thence along the said centerline of the Kennedy Lateral the
following four courses and distances;
1'• Art 30°37'30" West 139.10 feet;
2. thence North 41008'23" West 989.03 feet, (formerly known
as North 41,37" West 1,019.00 feet), to the beginning of
a curve;
BO1�
v
3. thence along said curve 163.76 feet to the right:, said
curve having a central angle of 46054'4511, a radius of
LJ j200.O0 feet and a long chord bearing of North 17041101"
in1 t 159.22 feet (formerly known as North 25'06" West
FEt__._ _ 8 feet) ;
RECO ,u .`,
4. thence North 05046'22" East 39.11 feet, (formerly known
as North 04'28" East 86.00 feet, more or less), to the
Southwest corner of Elk Run Subdivision as it is shown on
ANNEXATION ORDINANCE - ELK RUN 2
Page 1
the official plat thereof, recorded July 19, 1993, in
Book 63 at page 6303, Ada County Records;
thence leaving said centerline of Kennedy Lateral and along
the Southerly boundary of Elk Run Subdivision South 89°52145"
East 824.61 feet, (formerly known as North 89106" East 828.02
feet), to a found 5 / 8 " iron pin and cap marked P.E./L.S. 3260,
monumenting an angle point on said Southerly boundary;
thence continuing along the boundary of said Elk Run
Subdivision North 01*01115" East 200.00 feet to a found 5/8"
iron pin and cap marked P.E./L.S. 3260;
thence continuing along said boundary South 88°55145" East
152.74 feet to a found 5/8" iron pin and cap marked P.E./L.S.
3260 monumenting a point on the Easterly boundary line of said
Section 24;
thence along said Easterly boundary South 00°37136" West
1,351.37 feet, (formerly known as South 1,347.44 feet) to the
TRUE 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 situated in a portion of the NE 1/4, of
Section 24, T.3N., R.1W., B.M., Meridian, Ada County, Idaho,
and being more particularly described as follows:
Beginning at a found aluminum cap monumenting the Southeast
corner of the said NE 1/4 of Section 24, said corner being the
TRUE POINT OF BEGINNING, from which the Northeast corner of
said Section 24 bears North 00*37,36" East 2,649.87 feet;
thence, along the East-West midsection line of said Section 24
North 89*34130" West 137.10 feet;
thence leaving said midsection line North 32017130" West
117.99 to a point on the centerline of the Kennedy Lateral;
thence along the said centerline of the Kennedy Lateral the
following four courses and distances;
1. North 30°37130" West 139.10 feet;
ANNEXATION ORDINANCE - ELK RUN 2
Page 2
2. thence North 41°08123" West 989.03 feet, (formerly known
as North 41137" West 1,019.00 feet), to the beginning of
a curve;
3. thence along said curve 163.76 feet to the right, said
curve having a central angle of 46*54,45", a radius of
200.00 feet and a long chord bearing of North 17°41101"
West 159.22 feet (formerly known as North 25'06" West
82.05 feet);
4. thence North 05146122" East 39.11 feet, (formerly known
as North 04'28" East 86.00 feet, more or less), to the
Southwest corner of Elk Run Subdivision as it is shown on
the official plat thereof, recorded July 19, 1993, in
Book 63 at page 6303, Ada County Records;
thence leaving said centerline of Kennedy Lateral and along
the Southerly boundary of Elk Run Subdivision South 89°52'45"
East 824.61 feet, (formerly known as North 89106" East 828.02
feet) , to a found 5/8" iron pin and cap marked P.E. /L.S. 3260,
monumenting an angle point on said Southerly boundary;
thence continuing along the boundary of said Elk Run
Subdivision North 01*01'15" East 200.00 feet to a found 5/8"
iron pin and cap marked P.E./L.S. 3260;
thence continuing along said boundary South 88*55,45" East
152.74 feet to a found 5/8" iron pin and cap marked P.E./L.S.
3260 monumenting a point on the Easterly boundary line of said
Section 24;
thence along said Easterly boundary South 00°37136" West
1,351.37 feet, (formerly known as South 1,347.44 feet) to the
TRUE 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.
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
ANNEXATION ORDINANCE - ELK RUN 2
Page 3
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 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.
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.
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
ANNEXATION ORDINANCE - ELK RUN 2
Page 4
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 /�5-7'�day of March, 1994.
APPROVED:
TYPR GRANT IWINGSIFO""I
ATTEST:
lit V
`
7�)
WILLIAM G. BERG, J -A CITY CLERK
ell
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 PARCEL OF LAND SITUATED IN A PORTION OF THE
NE 1/4, OF SECTION 24, T.3N., R.N., B.M., MERIDIAN, ADA COUNTY,
IDAHO; AND PROVIDING AN EFFECTIVE DATE", passed as Ordinance No.
635 , by the City Council and Mayor of the City of Meridian, on
ANNEXATION ORDINANCE - ELK RUN 2
Page 5
the 15TH day of March, 1994, as the same appears in my office.
DATED this _`',day of /"1'CC '' �� 1994.
0
City Clerk, City of $6r#1A°
Ada County, Idaho ),.SEAL
STATE OF IDAHO, ) ODOM A
ss.�
County of Ada, ) el-0 fI
On this 15 th day of March, 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.
t
SEAL ' ••••,Q's� of y Public for Idaho
Res ding at Meridian, Idaho
$ = My commission expires 08/02/99
IL
ANNEXATION ORDINANCE - ELK RUN 2
Page 6