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HomeMy WebLinkAbout619 A Summerfield Subdivision328 AMENDED ORDINANCE NO. 619 AN AMENDED ORDINANCE OF THE CITY OF MERIDIAN ANNEXING AND ZONING CERTAIN REAL PROPERTY WHICH IS DESCRIBED AS THE SOUTH HALF OF THE SOUTH HALF OF THE NW 1/4 FO THE SW 1/4; AND THE SW 1/4 OF THE SW 1/4; AND A PORTION OF THE WEST HALF OF THE SE 1/4 OF THE SW 1/4; ALL IN SECTION 32, T.4N, 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: The South half of the South Half of the NW 1 /4 of-the SW 1 /4; and the SW 1 /4 of the SW 1/4; and a portion of the West half on the SE 1/4 of the SW 1/4, all in Section 32, T.4N, R.1E, B.M., Ada County, Idaho, more particularly described as follows: Beginning at the comer common to Sections 31 and 32, T.4N, R.1 E, and Sections 5 and 6, T.3N, R.1 E, B.M.; thence North 00°00'08" West, 1661.81 feet to a 1/256 corner; from which the quarter comon to said Section 31 and 32 bears North 00°00'08" West, 997.19 feet; thence South 89°49'45" East, 1327.33 feet to a 1/256 corner; thence South 00°01'12" East 331.83 feet to a 5/8" iron pin marking the SW 1/16 corner; thence North 89°49'16" East, 663.49 feet to a 5/8" iron pin marking the C-E-SW 1 /64 corner; thence South 00°01'36" East along the East boundary of the West half of the SE 1/4 of the SW 1/4 1031.32 feet to a point;. thence South 89°43'17" West 200.00 feet to a point; thence South 00°01'36" East 295.00 feet to a point on the South boundary of said Section 32; thence South 89°43'17" West, 1791.51 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: The South half of the South half of the NW 1 /4 of the SW 1 /4; and the SW 1 /4 of the SW 1/4; and a portion of the West half of the SE 1/4 of the SW 1/4, all in Section 32, T.4N, R.1 E, B.M., Ada County, Idaho, more particularry described as follows: Beginning at the corner common to Sections 31 and 32, T.4N, R.1 E, and Sections 5 and 6, T.3N, R.1 E, B.M.; AMENDED SUMMERFIELD ANNEXATION ORDINANCE PAGE 1 thence North 00°00'08" West 1661.81 feet to a 1/256 comer; from which the 329 quarter corner common to said Sections 31 and 32 bears North 00°00'08" West 997.19 feet; thence South 89°49'45" East 1327.33 feet to a 1/256 corner; thence South 00°01'.12" East 331.83 feet to a 5/8" iron pin .marking-the SW 1 /16 corner; thence North 89°49'16" East 663.49 feet to a 5/8".iron pin marking the C-E-SW 1 /64 comer; thence South 00°01'35' East along the East boundary of the West half of the SE 1/4 1031.32 feet to a point; thence South 89°43'17" West 200.00 feet to a point; thence South 00°01'36".East 295.00 feet to a point on the South boundary of said Section 32; thence South 89°43'17" West 1791.51 feet to the Point of Beginning. is hereby annexed to the City of Meridian, and is zoned R-4 Residential; that the reason for the R-4 zoning is to allow 200 single family dwelling units on the parcel which would be an approximate density of 3.0 dwelling units per acre, which would be allowed in the R-4 Residential zone; that the annexation and zoning is subject to the condtions referenced in the Findings of Fact and Conclusions of Law as adopted by the Meridian Council on the request for annexation and zoning; that the Applicant pay any development fee or transfer fee if adopted by the City of Meridian; that Applicant shall pay any development fee or transfer fee adopted by .the City of Meridian as a condtion 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 requiements: 1. Plat the property as submitted by Applicant,,designate on the plat that only. single family dwellings shall be allowed and allow only single family houses of at least 1,500 square feet for single level homes and 1,800 square feet for double level homes, as agreed to by the Applicant, within the subdivision. 2. Tile all ditches, canals and waterways, including those that are property boundaries or only partially located on the property. 3. Extend and construct water and sewer line extensions to serve the property and connection to Meridian water and sewer lines shall be made. 4. Construct streets within the property. 5. Dedicate the necessary land from the centerline of Ustick and Locust Grove Roads for public right-of-way. 6. Allow only houses of at least 1,500 square feet for single level houses and 1,800 square feet for double level houses. 7. Pay any development fee or tansfer fee adopted by the City of Meridian. 8. Enter into a development agreement as authorized by 11-2-416 L and 11-2-417 D; that the development agreement shall address, but not be limited to, the inclusion into the subdivision of the requirements of 11-9-605 AMENDED SUMMERFIELD ANNEXATION ORDINANCE PAGE 2 330 C, G, H 2, K, L and the comments of the Planning Director, Wayne Forrey, relating to the lack of adequate recreation facilities, a school site or fees in lieu thereof, and that land be set aside for a future park and relating to development of greenbelts along any canal or drainage within the subdivision. 9. 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 the Applicant shall fail to meet the above conditions the property shall be subject to de-annexation, which conditions subsequent shal 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 County, Idaho, this 17th day of May, 1994. APPROVED: NT P. KINGS O D, AY ATTEST: ~G~`"- ~ WILLIAM G. BERG, JR., C ERK AMENDED SUMMERFIELD ANNEXATION ORDINANCE PAGE 3 t J.� AMENDED ORDINANCE NO., 619 ` AN AMENDED ORDINANCE OF THE CITY OF MERIDIAN ANNEXING CERTAIN REAL PROPERTY WHICH IS DESCRIBED THE SOUTH HALF OF THE SOUTH HALF OF THE NW1/4 OF THE SW1/4; AND THE SW1/4 OF THE SW1/4; AND A PORTION OF THE WEST HALF OF THE SE1/4 OF THB SW1/4, ALL IN SECTION 32, T. 4N., R. 1E., B.M., ADA COUNTY, IDAHQS,'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: The South half of the South half of the NW 1/4 of the SW 1/4; and the SW 1/4 of the SW 1/4; and a portion of the West half of the SE 1/4 of the SW 1/4, all in Section 32, T.4N., R.1E., B.M., Ada County, Idaho, more particularly described as follows: Beginning at the corner common to Sections 31 and 32, T.4N., R.lE., and Sections 5 and 6, T.3N., R.1E., B.M.; Thence North 00°00'08" West, 1661.81 feet to a 1/256 corner; from which the quarter corner common to said Sections 31 and 32 bears North 00°00'08" West, 997.19 feet; Thence North 89°49'45" East, 1327.33 feet to a 1/256 corner; Thence South 00'01'12" East, 331.83 feet to a 5/8" iron pin marking the SW 1/16 corner; Thence North 89149'16" East, 663.49 feet to a 5/8" iron pin marking the C-E-SW 1/64 corner; Thence South 00'01'36" East along the East boundary of the West half of the SE 1/4 of the SW 1/4, 1031.32 feet to a point; Thence South 89°43'17" West, .200.00 feet to a point; Thence South 00'01'36" East, 295.00 feet to a point on the South boundary of said Section 32; Thence South 89°43'17" West, 1791.51 feet to the Point of AMENDED SUMMERFIELD ANNEXATION ORDINANCE Page - 1 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: The South half of the South half of the NW1/4 of the SW1/4; and the SW1/4 of the SW1/4; and a portion of the West half of the SE1/4 of the SW1/4, all in Section 32, TAN., R.1E., B.M., Ada County, Idaho, more particularly described as follows: Beginning at the corner common to Sections 31 and 32, T.4N., R.1E., and Sections 5 and 6, T.3N., R.1E., B.M.; Thence North 00°00'08" West, 1661.81 feet to a 1/256 corner; from which the quarter corner common to said Sections 31 and 32 bears North 00°00'08" West, 997.19 feet; Thence North 89"49'45" East, 1327.33 feet corner; to a 1/256 Thence South 00001'12" East, 331.83 feet to a 5/8" iron pin marking the SW 1/16 corner; Thence North 89°49'16" East, 663.49 feet to a 5/8" iron pin marking the C-E-SW 1/64 corner; Thence South 00001'36" East along the East boundary of the West half of the SE 1/4 of the SW 1/4, 1031.32 feet to a point; Thence South 89043'17" West, 200.00 feet to a point; Thence South 00001'36" East, 295.00 feet to a point on the South boundary of said Section 32; Thence South 89°43'17" West, 1791.51 feet to the Point of Beginning. is hereby annexed to the City of Meridian, and is zoned R-4 Residential; that the reason for the R-4 zoning is to allow 200 AMENDED SUMMERFIELD ANNEXATION ORDINANCE Page - 2 single family dwelling units on the parcel which would be an �. approximate density of 3.0 dwelling units per acre, which would be allowed in the R-4 Residential zone; 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 pay any development fee or transfer fee if adopted by the City of Meridian; that Applicant shall pay any 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: 1. Plat the property as submitted by Applicant, designate on the plat that only single-family dwellings shall be allowed, and allow only single-family houses of at least 1,500 square feet for single level homes and 1,800.00 �.� square feet for double level homes, as agreed to by the Applicant, within the subdivision. 2. Tile all ditches, canals and waterways, including those that are property boundaries or only partially located on the property. 3. Extend and construct water and sewer line extensions to serve the property and connection to Meridian water and sewer lines shall be made. 4. Construct streets to and within the property. 5. Dedicate the necessary land from the centerline of Ustick and Locust Grove Roads for public right-of-way. 6. Allow only houses of at least 1,500 square feet for single level houses and 1,800 square feet for double level houses. 7. Pay any development fee or transfer fee adopted by the City of Meridian. 8. Enter into a development agreement as authorized by 11-2- 416 L and 11-2-417 D; that the development agreement shall address, but not be limited to, the inclusion into the subdivision of the requirements of 11-9-605 C., G., H. 2, K., L. and the comments of the Planning Director, Wayne Forrey, relating to the lack of adequate recreation facilities, a school site or fees in lieu thereof, and AMENDED SUMMERFIELD ANNEXATION ORDINANCE Page - 3 that land be set a side for a future park and relating to development of greenbelts along any canals or drainages _ within the subdivision. 9. 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 Amended Ordinance. Section 5. EFFECTIVE DATE: There being an emergency, which emergency is hereby declared to exist, this Amended 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 E day of�� %Qy 1994. APPROVED: FMAYOR -- GRANT INGSFORD AMENDED SUMMERFIELD ANNEXATION ORDINANCE Page - 4 ATTEST: r CITY LERK -- WILLIAM RG G 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 AMENDED ORDINANCE OF THE CITY OF MERIDIAN ANNEXING AND ZONING CERTAIN REAL PROPERTY WHICH IS DESCRIBED THE SOUTH HALF OF THE SOUTH HALF OF THE NW1/4 OF THE SW1/4; AND THE SW1/4 OF THE SW1/4; AND A PORTION OF THE WEST HALF OF THE SE1/4 OF THE SW1/4, ALL IN SECTION 32, T. 4N., R. 1E., B.M., ADA COUNTY, IDAHO; AND PROVIDING AN EFFECTIVE DATE"; passed as Amended Ordinance No. 619 by the City Council and Mayk) r of the City of Meridian, on the day of �D2ce^r` der , 1994, as the same appears in my office. DATED the >' day of ecern b-ej­ , 1994. i y Clerk, City o ridian Ada County, Idaho STATE OF • ' } County of 31 On this 41 day of -C e-V"6er , 1994, before me, the undersigned, a Notary Public in and for said State, personally appeared WILLIAM BERG, 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 th%jay and year in this certificate first above written.,' '`GE 11 SEAL ° e-- A ��0 tie jo ry Pu is for Idaho A� ding at Meridian, Idaho CD�.nissi0a cr lrps 8' o AMENDED �SU I����" wr "``% %Y MMERFI95 ANNEXATION ORDINANCE Page - 5 I I I ' I - + I I 1 - I I-�TION�t -- I I 1 I I I , I I I , 1 , I I I ' I ' I I 1 I I I I I _ I I I I , I ' I I � I _ , I I ' I 1 QJ ' I mom V l°M'Q'�'Ju 5Mj'j' I I M� I Op 0 - t ® © tl _ I I 1 C I I © @ 0� -------------------------- - - IG - S----------------------------- --------------------- -- w�T 1191.�l---------------- - - POINT OF 1%61NNIN& Thu map u made F.om data MPMghld by Ada C.t,,y, AMENDED ORDINANCE NO. AN AMENDED ORDINANCE OF THE CITY OF MERIDIAN ANNEXING AND ZONING CERTAIN REAL PROPERTY WHICH IS DESCRIBED THE SOUTH HALF OF THE SOUTH HALF OF THE NW1/4 OF THE SW1/4; AND THE SW1/4 OF THE SW1/4; AND A PORTION OF THE WEST HALF OF THE SE1/4 OF THE SW1/4, ALL IN SECTION 32, T. 4N., R. 1E., 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: The South half of the South half of the NW1/4 of the SW1/4; and the SW1/4 of the SW1/4; and a portion of the West half of the SEl/4 of the SW1/4, all in Section 32, TAN., R.1E., B.M. Ada County, Idaho, more particularly described as follows: Beginning at the ccrner common to Sections 31 and 32, T.4N., R.1E., and Sections 5 and 6, T.3N., R.1E.1 B.M.; thence North 00°00'08" West, 1661.81 feet to a 1/256 corner; from which the quarter corner common to said Sections 31 and 32 bears North 00°00'08" West, 997.19 feet; thence South 89°49'45" East, 1327.:33 feet to a 1/256 corner; thence South 00'01'12" East, 331.83 feet to a 5/8" iron pin marking the SW1/16 corner; thence North 89°49'16" East, 663.49 feet to a 5/8" iron pin marking the C-E-SW1/64 corner; thence South 00*01'36" East along the East boundary of the West half of the SEl/4 of the SW1/4, 1031.32 feet to a point; thence South 89°43'17" West, 200.00 feet to a point; thence South 00*01'36" East, 295.00 feet to a point on the South boundary of said Section 32; thence South 891143'17" West, 1791.51 feet Beginning. to the Point of NOW, THEREFORE, BE IT ORDAINED by the Mayor and City Council AMENDED SUMMERFIELD ANNEXATION ORDINANCE Page - 1 of the City of Meridian, Ada County, Idaho: Section 1. That the above and referenced real property described as: The South half of the South half of the NW1/4 of the SW1/4; and the SW1/4 of the SW1/4; and a portion of the West half of the SE1/4 of the SW1/4, all in Section 32, TAN., R.lE., B.M., Ada County, Idaho, more particularly described as follows: Beginning at the ccrner common to Sections 31 and 32, T.4N.1 R.1E., and Sections 5 and 6, T.3N., R.1E., B.M.; thence North 00*00108" West, 1661.81 feet to a 1/256 corner; from which the quarter corner common to said Sections 31 and 32 bears North 00°00'08" West, 997.19 feet; thence South 89°49'45" East, 1327.33 feet to a 1/256 corner; thence South 00'01'12" East, 331.83 feet to a 5/8" iron pin marking the SW1/16 corner; thence North 89°49'16" East, 663.49 feet to a 5/8" iron pin marking the C-E-SW1/64 corner; thence South 00*01'36" East along the East boundary of the y West half of the SE1/4 of the SW1/4, 1031.32 feet to a point; thence South 89°43'17" West, 200.00 feet to a point; thence South 00*01'36" East, 295.00 feet to a point on the South boundary of said Section 32; thence South 89°43'17" West, 1791.51 feet to the Point of Beginning. is hereby annexed to the City of Meridian, and is zoned R-4 Residential; that the reason for the R-•4 zoning is to allow 200 single family dwelling units on the parcel which would be an approximate density of 3.0 dwelling units per acre, which would be allowed in the R-4 Residential zone; 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 AMENDED SUMMERFIELD ANNEXATION ORDINANCE Page - 2 request for annexation and zoning; that Applicant pay any development fee or trans-`er fee if adopted by the City of Meridian; that Applicant shall pay any 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: 1. Plat the prope_=ty as submitted. by Applicant, designate on the plat that only single-family dwellings shall be allowed, and allow only single-family houses of at least 1,500 square feet for single level homes and 1,800.00 square feet for double level homes, as agreed to by the Applicant, within the subdivision. 2. Tile all ditches, canals and waterways, including those that are property boundaries or only partially located on the property. 3. Extend and construct water and sewer line extensions to serve the property and connection to Meridian water and sewer lines shall be made. 4. Construct streets to and within the property. 5. Dedicate the necessary land from the centerline of Ustick and Locust Grove Roads for public right-of-way. 6. Allow only houses of at least 1,500 square feet for single level houses and 1,800 square feet for double level houses. 7. Pay any development fee or transfer fee adopted by the City of Meridian. 8. Enter into a development agreement as authorized by 11-2- 416 L and 11-2-417 D; that the development agreement shall address, but not be limited to, the inclusion into the subdivisicn of the requirements of 11-9-605 C., G., H. 2, K., L. and the comments of the Planning Director, Wayne Forrey, relating to the lack of adequate recreation facilities, a school site or fees in lieu thereof, and that land be set a side for a future park and relating to development of greenbelts along any canals or drainages within the subdivision. 9. 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 AMENDED SUMMERFIELD ANNEXATION ORDINANCE Page - 3 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 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 %�Gt 1994. APPROVED: OR -- GRA T P. INGSFORD ATTEST: TY CLER�-- WI�AMBERG AMENDED SUMMERFIELD ANNEXATION ORDINANCE WOO SEAL m lip b C� L�r ,s`. Page - 4 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 AMENDED ORDINANCE OF THE CITY OF MERIDIAN ANNEXING AND ZONING CERTAIN REAL PROPERTY WHICH IS DESCRIBED THE SOUTH HALF OF THE SOUTH HALF OF THE NW1/4 OF THE SW1/4; AND THE SW1/4 OF THE SW1/4; AND A PORTION OF THE WEST HALF OF THE SE1i4 OF THE SW1/4, ALL IN SECTION 32, T. 4N., R. 1E., B.M., ADA COUNTY, IDAHO; AND PROVIDING AN EFFECTIVE DATE"; passed as Ordinance No. g�l1 by the City Council and Mayor of the City of Meridian, on the lc� day of 1994, as the same appears in my office. ��z� DATED this day of 1994. ov l�0 1 City Clerk, City of 2 r' dian SEAL da County, Idaho STATE OF IDA, 0�� ti County of Ada � UPI71 On this of 1994, before me, the undersigned, a Notary Public in and for said State, personally appeared WILLIAM BERG, 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 written. first above eeeeteaer,,o� SEAL �T s � `� No�Tdi y ublic for Idaho Re g at Meridian, Idaho e ex IMiER °j►►1 t►!!!!E BOISE l7 fln AMENDED SUMMERFIELD ANNEXATION ORDINANCE 19L7 FEcAS 00 Pageo "5� _ RE00t� .- ; -JEST 0t=