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HomeMy WebLinkAboutLocust Grove Place AZ 02-027CITY OF MERIDIAN ORDINANCE NO. 03- AN ORDINANCE FINDING THAT, L.C. DEVELOPMENT, INC., THE OWNER OF CERTAIN REAL PROPERTY GENERALLY LOCATED ON THE WEST SIDE OF N. LOCUST GROVE ROAD, '/a MILE SOUTH OF EAST FAIRVIEW AVENUE, MERIDIAN, TO BE KNOWN AS LOCUST GROVE PLACE SUBDIVISION; HAS MADE A REQUEST FOR ZONING BOUNDARY MODIFICATION IN WRITING TO THE COUNCIL; AND THAT SAID ZONING BOUNDARY MODIFICATION BE DESIGNATED HIGH DENSITY RESIDENTIAL DISTRICT (R-40) AND COMMUNITY BUSINESS DISTRICT (C-C) AS DEFINED UNDER MERIDIAN CITY CODE SECTIONS 11-7-2 F AND I; REPEALING ALL ORDINANCES, RESOLUTIONS, ORDERS OR PARTS THEREOF IN CONFLICT HEREWITH; AND DIRECTING THE CITY ENGINEER TO ADD SAID ZONING BOUNDARY MODIFICATION DESIGNATION TO THE OFFICIAL MAPS OF THE CITY OF MERIDIAN, IDAHO. BE IT ORDAINED BY THE MAYOR AND THE COUNCIL OF THE CITY OF MERIDIAN, COUNTY OF ADA, STATE OF IDAHO: SECTION 1. FINDINGS: That the following described land is contiguous and adjacent to the City of Meridian, Idaho, and that the City of Meridian has received a written request for zoning boundary modification to the City of Meridian, Idaho, by the owner of said Property, to-wit: COMMERCIAL PROPERTY DESCRIPTION FOR LOCUST GROVE PARK SUBDIVISION - (C-Cl A parcel of land being a portion of the NE '/a of Section 7, Township 3 North, Range East, Boise Meridian, Meridian, Ada County, Idaho, more particularly described as follows: Commencing at the NE corner of said NE %a, (Section corner common to sections 5,6,7 and 8), said comer monumented with a 3 inch diameter brass disk; Thence S. 0°00'00" W., a distance of 1324.77 feet along the easterly boundary of said NE '/a and along the centerline of N. Locust Grove Road to the SE corner of the NE 1/a NE 1/a of said ZONING BOUNDARY MODIFICATION ORDINANCE (AZ-02-027) - 1 Section 7, (N 1/16 corner common to sections 7 and 8), said corner also being the NE boundary comer of "Danbury Fair Subdivision No. 7" as on file in Book 72 of Plats at Page 7407 in the Office of the Recorder of Ada County, Idaho, and is monumented with a 3 inch diameter aluminum disk; Thence N. 0°00'00" E., a distance of 247.46 feet along the easterly boundary of said NE '/4 and along the centerline of N. Locust Grove Road to a point; Thence N. 90°00'00" W., a distance of 45.00 feet to a point on the future westerly right of way of said N. Locust Grove Road, said point being the POINT OF BEGINNING; Thence continuing N. 90°00'00" W., a distance of 155.00 feet to a point; Thence N. 1°57'53" E., a distance of 21.09 feet to a point; Thence N. 0°00'00" E., a distance of 235.96 feet pazallel with the easterly boundary of said NE'/4 to a point; Thence S. 37°48'45" E., a distance of 14.42 feet to a point of a tangent curve left; Thence 110.21 feet along the arc of a 121.00 foot radius tangent curve left with a central angle of 52° 11' 15" and tangents of 59.26 feet, the long chord of which bears S. 63°54'23" E., a distance of 106.44 feet to a point of tangency; Thence S. 90°00'00" E., a distance of 29.85 feet to a point of a tangent curve right; Thence 31.42 feet along the arc of a 20.00 foot radius tangent curve right with a central angle of 90°00'00" and tangents of 20.00 feet, the long chord of which bears S. 45°00'00" E., a distance of 28.28 feet to a point on the future westerly right of way of said N. Locust Grove Road; Thence along the future westerly right of way of said N. Locust Grove Road, S. 0°00'00" W., a distance of 178.83 feet parallel with the easterly boundary of said NE '/o to the POINT OF BEGINNING. This parcel contains 0.74 acres more or less. Also, this parcel is subject to all easements and rights-of--way of record or implied. AND ZONING BOUNDARY MODIFICATION ORDINANCE (AZ-02-027) - 2 RESIDENTIAL PROPERTY DESCRIPTION FOR LOCUST GROVE PARK SUBDIVISION - (R-40) A parcel of land being the residential portion of the proposed "Locust Grove Park Subdivision", located in the NE `/4 of Secfion 7, Township 3 North, Range 1 East, Boise Meridian, Meridian, Ada County Idaho, more particularly described as follows: Commencing at the NE corner of said NE'/a, (Section corner common to sections 5,6,7 and 8), said corner monumented with a 3 inch diameter brass disk; Thence S. 0°00'00" W., a distance of 994.00 feet along the easterly boundary of said NE '/< and along the centerline of N. Locust Grove Road to the POINT OF BEGINNING; Thence continuing along the easterly boundary of said NE '/a and along the centerline of said N. Locust Grove Road, S. 0° 00'00" W., a distance of 330.77 feet, (formerly South 330.1 feet), to the SE corner of the NE'/a NE'/a of said Section 7, (N 1/16 corner common to sections 7 and 8), said comer also being the NE boundary comer of "Danbury Fair Subdivision No. 7" as on file in Book 72 of Plats at Page 7407 in the Office of the Recorder of Ada County, Idaho, and is monumented with a 3 inch diameter aluminum disk; Thence leaving the easterly boundary of said NE '/< and the centerline of said N. Locust Grove Road, S. 89°34'26" W., a distance of 659.60 feet, (formerly S. 89°45' W., a distance of 660.65 feet), along the southerly boundary of said NE `/4 NE '/4 and along the northerly boundary of said "Danbury Fair Subdivision No. 7" to the SE boundary corner of "Danbury Fair Subdivision No. 2" as on file in Book 62 of Plats at Page 6281 in the Office of the Recorder of Ada County, Idaho, said corner monumented with a 5/8 inch diameter iron pin; Thence N. 0°34'47" E., a distance of 329.93 feet, (formerly N. 0°34' E., a distance of 330.1 feet), to a found %: inch diameter iron pin; Thence N. 89°29'49" E., a distance of 7.45 feet, (formerly N. 89°45' E., a distance of 10.25 feet), to a point that lies S. 89°40'26" W., a distance of 648.22 feet, (formerly S. 89°45' W., a distance of 648.8 feet), from the point of beginning; Thence N. 0°00'00" E., a distance of 536.87 feet, (formerly North 535.7 feet), parallel with the easterly boundary of said NE '/a to a point on the centerline of a drain ditch, said point also being the southerly boundary of a Record of Survey recorded as "Danbury Fair Survey" Instrument No. 2134 in the Office of the Recorder of Ada County, Idaho, said point witnessed S. 0°00'00" W., a distance of 20.00 feet with a found 5/8 inch diameter iron pin; ZONING BOUNDARY MODIFICATION ORDINANCE (AZ-02-027) - 3 Thence along the centerline of said drain ditch and along the southerly boundary of said Record of Survey, N. 84° 18' 12" E., a distance of 318.50 feet, (formerly N. 84° 11' E., a distance of 315.4 feet), to a point; Thence continuing along the centerline of said drain ditch, S. 55°47'00" E., a distance of 117.23 feet, (formerly S. 55°47' E., a distance of 121.0 feet), to a point; Thence continuing along the centerline of said drain ditch, S. 37°48'00" E., a distance of 383.30 feet, (formerly S. 37°48' E., a distance of 383.3 feet), to a point on the easterly boundary of said NE '/a, said point also being the centerline of said N. Locust Grove Road; Thence S. 0°00'00" W., a distance of 194.00 feet, (formerly South a distance of 194 feet), along the easterly boundary of said NE '/4 and along the centerline of said N. Locust Grove Road to the POINT OF BEGINNING. EXCEPTING a parcel of land being a portion of the above described parcel located in the NE '/< of Section 7, Township 3 North, Range 1 East, Boise Meridian, Meridian, Ada County, Idaho, more particularly described as follows: Commencing at the NE corner of said NE'/a, (Section comer common to sections 5,6, 7 and 8), said comer monumented with a 3 inch diameter brass disk; Thence S. 0°00'00" W., a distance of 1324.77 feet along the easterly boundary of said NE '/a and along the centerline of N. Locust Grove Road to the SE comer of the NE '/4 NE '/4 of said Section 7, (N 1/16 comer common to sections 7 and 8), said comer also being the NE boundary corner of "Danbury Fair Subdivision No. 7" as on file in Book 72 of Plats at Page 7407 in the Office of the Recorder of Ada County, Idaho, and is monumented with a 3 inch diameter aluminum disk; Thence N. 0°00'00" E., a distance of 247.46 feet along the easterly boundary of said NE '/< and along the centerline of N. Locust Grove Road to a point; Thence N. 90° 00' 00" W., a distance of 45.00 feet to a point on the future westerly right of way of said N. Locust Grove Road, said point being the POINT OF BEGINNING of said Exception; Thence continuing N. 90°00'00" W., a distance of 155.00 feet to a point; Thence N. 1 ° 57' S3" E., a distance of 21.09 feet to a point; Thence N. 0° 00' 00" E., a distance of 235.96 feet parallel with the easterly boundary of said NE '/< to a point; ZONING BOUNDARY MODIFICATION ORDINANCE (AZ-02-027) - 4 Thence S. 37°48'45" E., a distance of 14.42 feet to a point of a tangent curve left; Thence 110.21 feet along the azc of a 121.00 foot radius tangent curve left with a central angle of 52° 11' 15" and tangents of 59.26 feet, the long chord of which bears S. 63°54'23" E., a distance of 106.44 feet to a point of tangency; Thence S. 90°00'00" E., a distance of 29.85 feet to a point of a tangent curve right; Thence 31.42 feet along the arc of a 20.00 foot radius tangent curve right with a central angle of 90°00'00" and tangents of 20.00 feet, the long chord of which beazs S. 45°00'00" E., a distance of 28.28 feet to a point on the future westerly right of way of said N. Locust Grove Road; Thence along the future westerly right of way of said N. Locust Grove Road, S. 0° 00'00" W., a distance of 178.83 feet parallel with the easterly boundary of said NE'/< to the POINT OF BEGINNING. The above-described parcel being the residential portion of the proposed "Locust Grove Park Subdivision" contains 11.31 acres more or less excluding the exception piece. Also, this parcel is subject to all easements and rights-of--way of record or implied. SECTION 2: That the above-described real property be, and the same is hereby a zoning boundary modification and made a part of the City of Meridian, Ada County, Idaho. SECTION 3: That the real property herein by this ordinance for zoning boundary modification to the City of Meridian hereinabove described shall be zoned High Density Residential District (R-40) and Community Business District (C-C). SECTION 4: That the City Engineer is hereby directed to alter all use and area maps as well as the official zoning maps, comprehensive plan and all official maps depicting the boundaries of the City of Meridian in accordance with this ordinance. SECTION 5: All ordinances, resolutions, orders or parts thereof in conflict herewith are hereby repealed, rescinded and annulled. ZONING BOUNDARY MODIFICATION ORDINANCE (AZ-02-027) - 5 SECTION 6: This ordinance shall be in full force and effect from and after its passage, approval and publication, according to law. SECTION 7: The Clerk of the City of Meridian shall, within ten (10) days following the effective date of this ordinance, duly file a certified copy of this ordinance and a map prepared in a draftsman manner plainly and clearly designating the boundaries of the City of Meridian, including the lands herein for zoning boundary modification, with the following officials of the County ofAda, State of Idaho, to-wit: the Recorder, Auditor, Treasurer and Assessor and shall also file simultaneously a certified copy of this ordinance and map with the State Tax Commission of the State of Idaho, all in compliance with Idaho Code §63-2215 and §50-223. PASSED BY THE COUNCIL OF THE CITY OF MERIDIAN, IDAHO, this day of 2003. APPROVED BY THE MAYOR OF THE CITY OF MERIDIAN, IDAHO, this day of 2003. MAYOR ATTEST: CITY CLERK First Reading: Adopted after first reading by suspension of the Rule as allowed pursuant to Idaho Code 50- 902 Yes: No: Second Reading: Third Reading: ZONING BOUNDARY MODIFICATION ORDINANCE (AZ-02-027) - 6 STATE OF IDAHO,) County of Ada ss. On this day of , 2003, before me, the undersigned, a Notary Public in and far said State, personally appeared ROBERT D. CORRIE and WILLLAM G. BERG, JR., known tome to be the Mayor and City Clerk of the CITY of Meridian, Idaho, and who executed the within instrument, and acknowledged to me that the City of Meridian executed the same. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year first above written. (SEAL) NOTARY PUBLIC FOR IDAHO RESIDING AT: MY COMMLSSION EXPIl2ES: Z:\Work\M\[vleridianlMeridian15360M\Ittust Grove Place Sub AZ-02-027 PP-02-026 CCiP-02-041\AZOrd.doc ZONING BOUNDARY MODIFICATION ORDINANCE (AZ-02-027) - 7 CERTIFICATION OF THE CITY CLERK OF THE CITY OF MERIDIAN To: The Recorder, Auditor, Treasurer and Assessor of Ada County, and The State Tax Commission of the State of Idaho I, WILLIAM G. BERG, JR., City Clerk, of the City of Meridian, Ada County, State of Idaho, do hereby certify that the attached copy of Ordinance No. 03- ,passed by the City Council of the City of Meridian, on the day of , 2003, is a true and correct copy of the original of said document which is in the care, custody and control of the City Clerk of the City of Meridian. STATE OF IDAHO, ) County of Ada, ss. WILLIAM G. BERG, JR. On this day of , in the year ,before me, a Notary Public, appeared WILLIAM G. 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