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HomeMy WebLinkAbout637 Nyborg RZ301 ORDINANCE. NO. 637 AN ORDINANCE OF THE CITY OF MERIDIAN AMENDING AND CHANGING THE ZONING OF CERTAIN .REAL' PROPERTY IN THE CITY OF MERIDIAN WHICH IS DESCRIBED AS A PARCEL OF LAND LYING IN A PORTION OF THE SOUTHEAST QUARTER OF SECTION 2, TOWNSHIP 3 NORTH, RANGE 1 WEST, BOISE MERIDIAN, ADA COUNTY, IDAHO; AND PROVIDLNG 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 amend and change the zoning from R-4 Low Density Residential to L-0 Limited Office, for the #ollowing described parcel: A pacel of land. lying in the Southeast quarter of .Section 2, Township 3 North, Range 1 West, Boise Meridian, Ada County, Idaho, more particularly described as follows: Commencing at the section. corner common to Sections 1,.2,..11 and 12 of Township 3 North, Range 1 West, Boise Meridian, marked by a brass .cap monument. thence North 0° 1:6'08" East along the. section line common to said Section 1 and 2, said line also being the centerline of North Linder Road, for a distance of 311.09 feet. thence North 89°33'46" West fora distance of 150.00 feet to the. REAL POINT OF BEGINNING. thence South 0° 1.6'08" West along the westerly property line of that parcel described in Warranty Deed INstrument No. 7501304 of Ada County Records, for a distance of 161.53 feet to the Southwest corner of said parcel, thence South 89°43'52" East along the Southerly property line of said parcel for a distance of 110.00 feet to a point on the Westerly Right of Way line of North Linder Road as described in Warranty Deed Instrument No. 7649290 of Ada County Records, said point being 40.00 feet Westerly of the centerline of said Linder Road, thence South 0°16'08"-West along said westerly Right of Way line for a distance of 107,85 feet, thence South 45°21'11" West along said Right of Way line for a distance of 17.00 feet to a point on the Northerly Right of Way line of West. Cherry Lane said. point being 30.00 feet Northerly of the centerline of said West Cherry Lane which REZONE ORDINANCE - NYBORG PAGE 1 302 centerline is also the section line common to said Sections 1 and 11 of Township 3 North, Range 1 West, Boise Meridian, thence North 89°33'46" West along said Northerly Right of Way line for a distance of 197.48 feet, thence North 0°26'14" East a distance of 281.09 feet, thence South 89°33'46" East for a distance of 98.69 feet to the REAL POINT OF BEGINNING. EXCEPT THE FOLLOWING DESCRIBED TRACT: A parcel of land lying in the Southeast quarter of Section 2, Township 3 North, Range 1 West, Boise Meridian, Ada County, Idaho,. more particularly described as follows: Commencing at the section corner common to Sections 1, 2, 11 and 12 of Township 3 North, Range 1 West, Boise Meridian, marked by a brass cap monument.- thence North 0°16'08" East along the section line common to said Sections 1 and 2, said line also being the centerline of North Linder Road, for a distance of 311.09 feet. thence North 89°33'46" West for a distance of 150.00 feet to the REAL POINT OF BEGINNING. thence South 0° 16'08" West along the Westerly property line of that parcel described in Warranty Deed INstrument No_ 7504301 of Ada Coun#y Records, for a distance of 67.88 feet, thence North 89°33'46" West for a distance of 98.69 feet, thence North 0°26'14" East for a distance of 67.88 feet, thence South 89°33'46" East fora distance of 98.69 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 aforementioned real property which is described as follows: REZONE ORDINANCE - NYBORG PAGE 2 304 A parcel of land lying in the Southeast quarter of Section 2, Township 3 North Range 1 West, Boise Meridian, Ada County, Idaho, more particularly described as follows: Commencing at the section corner common to Sections 1, 2, 11 and 12 of Township 3 North, Range 1 West, Boise Meridian, marked by a brass cap monument. thence North 0° 16'08" East along the section line common to said Section 1 and 2, said line also being the centerline of North Linder Road, for a distance of 311.09 feet. thence North 89°33'46" WEst for a distance of 150.00 feet to the REAL POINT OF BEGINNING. thence South 0° 16'08" West along the westerly property line of that parcel described in Warranty Deed Instrument No. 7501301 of Ada County Records for a distance of 161.53 feet to the Southwest corner of said parcel, thence South 89°43'52" East along the Southerly property line of said parcel for a distance of 110.00 feet to a point on the Westerly Right of Way line of North Linder Road as described in Warranty Deed Instrument No. 7649290 of Ada County Records, said point being 40.00 feet westerly of the centerline of said Linder Road. thence South 0° 16'08" West along said Westerly Right of Way line for a distance of 107.85 feet, thence South 45°21'11" West along said Right of Way line for a distance of 17.00 feet to a point on the Northerly Right of Way line of West Cherry Lane said point being 30.00 feet Northerly of the centerline of said West Cherry Lane which centerline is also the section line common to said Sections 1 and 11 of Township 3 North, Range 1 West, Boise Meridian, thence North 89°33'46" West along said Northerly Right of Way line for a distance of 197.48 feet, thence North 0°26'14" East a distance of 281.09 feet, thence South 89°33'46" East for a distance of 98.69 feet to the REAL POINT OF BEGINNING. EXCEPT THE FOLLOWING DESCRIBED TRACT: A parcel of land lying in the Southeast quarter of Section 2, Township 3 North, Range 1 West, Boise Meridian, Ada County, Idaho, more particularly described REZONE ORDINANCE - NYBORG PAGE 3 305 as follows: Commencing:at the section oorner common to Sections 1, 2, 11 and,12 of Township 3 North, Range 1 West, Boise Meridian, marked by a brass cap monument. . . thence North 0°16'08" East along the section line common to said Sections 1 and 2, sand line also being: the centerline of North Linder Road, for a distance of 311.09 feet. thence North 89°33'46" West for a distance of 150.00 feet to the REAL POINT OF BEGINNING. thence South 0°16'08" West along the Westerly. property line of that parcel. described in Warranty Deed Instrument No. 7501301 of Ada County Records, for a distance of 67.88 feet, thence North $9°33'46" West for-a distance of 98.69 feet; thence North 0°26'1.4" East fora-distance of 67:88 feet, thence South 89°33'46" East for a distance of 98.69 feet to the REAL POINT OF BEGINNING. be, and the same is hereby rezoned from R-4 Residential to L-O .Limited. Office, and Section 11-2-425, Official Zoning Maps is hereby amended to reflect the same. This rezoning is subject to the conditions referrenced in the Findings of Faet and Conclusions of Law as adopted by the Meridian City Council on the request for rezone. Section 2. The Applicant shall tile. a!I ditches, canal and waterways. Section 3. That if Applicant shall fai! to meet the above conditions the property shall be subject to rezone back to R-4. Section 4. 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 Meridian City Council and approved by the Mayor of the City of Meridian, Ada County, Idaho, this 15th day of March, 1994. APPROVED: -, G NT P. KINGSF R ; . OR ATTE T: Y WILLIAM G. BERG; .tR., C ERK REZONE ORDINANCE - NYBORG> PAGE 4 - ORIGINAL S4aLb15)l bul5r- IJ ORDINANCE NO. 637 9 I`iy'� ' '• t1� AN ORDINANCE OF THE CITY OF MERIDIAN AMENDING p,ND CHANGING THE ZONING OF CERTAIN REAL PROPERTY IN THE CITY R MERIDIAN WHICH IS DESCRIBED AS A PARCEL 01' LAND LYING IN A PORN_ OF THE SOUTHEAST QUARTER OF SECTION 2, TOWNSHIP 3 NORTH, RANGE 1 WEST, BOISE 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 amend and change the zoning from R-4 Low Density Residential to L-0 Limited Office, for the following described parcel: A parcel of land lying in the Southeast quarter of Section 2, Township 3 North, Range 1 West, Boise Meridian, Ada County, Idaho, more particularly described as follows: Commencing at the section corner common to Sections 1, 2, 11 and 12 of Township 3 North, Range 1 West, Boise Meridian, marked by a brass cap monument. thence North 0*16108" East along the section line common to said Section 1 and 2, said line also being the centerline of North Linder Road, for a distance of 311.09 feet. thence North 89°33`46" West for a distance of 150.00 feet to the REAL POINT OF BEGINNING. thence South 0 ° 16' 08" West along the westerly property line of that parcel described in Warranty Deed Instrument No. 7501301 of Ada County Records, for a distance of 161.53 feet to the Southwest corner of said parcel, thence South 89*43,52" East along the Southerly property line of said parcel for a distance of 110.00 feet to a point on the Westerly Right of Way line of North Linder Road as described in Warranty Deed Instrument No. 7649290 of Ada County Records, said point being 40.00 feet Westerly of the centerline of said Linder Road, thence South 0°16'08" West along said Westerly Right of Way line for a distance of 107.85 feet, thence South 45°21'11" West along said Right of Way line for REZONE ORDINANCE - NYBORG Page 1 a distance of 17.00 feet to a point on the Northerly Right of Way Line of West Cherry Lane said point being 30.00 feet Northerly of the centerline of said West Cherry Lane which centerline is also the section line common to said Sections 1 and 11 of Township 3 North, Range 1 West, Boise Meridian, thence North 89°33'46" West along said Northerly Right of Way line for a distance of 197.48 feet, thence North 0*26114" East a distance of 281.09 feet, thence South 89°33'46" East for a distance of 98.69 feet to the REAL POINT OF BEGINNING. EXCEPT THE FOLLOWING DESCRIBED TRACT: A parcel of land lying in the Southeast quarter of Section 2, Township 3 North, Range 1 West, Boise Meridian, Ada County, Idaho, more particularly described as follows: Commencing at the section corner common to Sections 1, 2, 11 and 12 of Township 3 North, Range 1 West, Boise Meridian, marked by a brass cap monument. thence North 0°16108" East along the section line common to said Sections 1 and 2, said line also being the centerline of North Linder Road, for a distance of 311.09 feet. thence North 89033146" West for a distance of 150.00 feet to the REAL POINT OF BEGINNING. thence South 0°16'08" West along the Westerly property line of that parcel described in Warranty Deed Instrument No. 7501301 of Ada County Records, for a distance of 67.88 feet, thence North 89033146" West for a distance of 98.69 feet, thence North 0026'14" East for a distance of 67.88 feet, thence South 89033'46" East for a distance of 98.69 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 aforementioned real property which is described as follows: A parcel of land lying in the Southeast quarter of Section 2, REZONE ORDINANCE - NYBORG Page 2 Township 3 North, Range 1 West, Boise Meridian, Ada County, Idaho, more particularly described as follows: Commencing at the section corner common to Sections 1, 2, 11 and 12 of Township 3 North, Range 1 West, Boise Meridian, marked by a brass cap monument. thence North 0°16'08" East along the section line common to said Section 1 and 2, said line also being the centerline of North Linder Road, for a distance of 311.09 feet. thence North 89°33'46" West for a distance of 150.00 feet to the REAL POINT OF BEGINNING. thence South 0 ° 16 10 3" West along the westerly property line of that parcel described in Warranty Deed Instrument No. 7501301 of Ada County Records, for a distance of 161.53 feet to the Southwest corner of said parcel, thence South 89°43'52" East along the Southerly property line of said parcel for a distance of 110.00 feet to a point on the Westerly Right of Way line of North Linder Road as described in Warranty Deed Instrument No. 7649290 of Ada County Records, said point being 40.00 feet Westerly of the centerline of said Linder Road, thence South 0°16'08" West along said Westerly Right of Way line for a distance of 107.85 feet, thence South 45°21'11" West along said Right of Way line for a distance of 17.00 feet to a point on the Northerly Right of Way Line of West Cherry Lane said point being 30.00 feet Northerly of the centerline of said West Cherry Lane which centerline is also the section line common to said Sections 1 and 11 of Township 3 North, Range 1 West, Boise Meridian, thence North 89*33146" West along said Northerly Right of Way line for a distance of 197.48 feet, thence North 0°26'14" East a distance of 281.09 feet, thence South 89°33'46" East for a distance of 98.69 feet to the REAL POINT OF BEGINNING. EXCEPT THE FOLLOWING DESCRIBED TRACT: A parcel of land lying in the Southeast quarter of Section 2, Township 3 North, Range 1 West, Boise Meridian, Ada County, Idaho, more particularly described as follows: Commencing at the section corner common to Sections 1, 2, 11 and 12 of Township 3 North, Range 1 West, Boise Meridian, REZONE ORDINANCE - NYBORG Page 3 marked by a brass cap monument. thence North 0°16'08" East along the section line common to said Sections 1 and 2, said line also being the centerline of North Linder Road, for a distance of 311.09 feet. thence North 89°33'46" West for a distance of 150.00 feet to the REAL POINT OF BEGINNING. thence South 0 ° 16' 08" West along the Westerly property line of that parcel described in Warranty Deed Instrument No. 7501301 of Ada County Records, for a distance of 67.88 feet, thence North 89°33'46" West for a distance of 98.69 feet, thence North 0*26114" East for a distance of 67.88 feet, thence South 89°33'46" East for a distance of 98.69 feet to the REAL POINT OF BEGINNING. be, and the same is hereby rezoned from R-4 Residential to L-0 Limited Office, and Section 11-2-425, Official Zoning Maps is hereby amended to reflect the same. This rezoning is subject to the conditions referenced in the Findings of Fact and Conclusions of Law as adopted by the Meridian City Council on the request for rezone. Section 2. The Applicant shall tile all ditches, canals and waterways. Section 3. That if Applicant shall fail to meet the above conditions the property shall be subject to rezone back to R-4. Section 4. 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 Meridian City Council and approved by the Mayor of the City of Meridian, Ada County, Idaho, this /a A day of 1994. APPROVED: AAM-- GRANT GS 0 ATTES �� rat, WILLIAM G. BERG, JR. -- CfTY CLERK c e REZONE ORDINANCE - NYBORG Page 4 4 GSr 9 , cot STATE OF IDAHO,) . ss. -- County of Ada, ) I, WILLIAM G. BERG, JR., 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 AMENDING AND CHANGING THE ZONING OF CERTAIN REAL PROPERTY IN THE CITY OF MERIDIAN WHICH IS GENERALLY DESCRIBED AS A PARCEL OF LAND LYING IN THE SOUTHEAST QUARTER OF SECTION 2, TOWNSHIP 3 NORTH, RANGE 1 WEST, BOISE MERIDIAN, ADA COUNTY, IDAHO; AND PROVIDING AN EFFECTIVE DATE"; passed as Ordinance No. 637 , b, the City Council and Mayor of the City of Meridian, on the /=cf�day of �qv , 1994, as the same appears in my office. DATED this l5 day of M al Ck , 1994. 1141 City Clerk, City of e U \�c� .�. o �� Ada County, Idaho 2 LAL® STATE OF IDAHO,) s ss. County of Ada, ) Cfs q - On this 15 day of March 1994, before"' e, 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. ` liftoff,,,,�� SEAL 9 0 REZONE ORDINANCE - NYBORG �ry Public for Idaho iding at Meridian, Idaho commission expires 08/02/99 Page 5