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HomeMy WebLinkAbout661 St. Luke's C-G351 ORDINANCE NO. - 661 AN ORDINANCE OF THE CITY OF MERIDIAN ANNE~CING AND ZONING CERTAIN REAL PROPERTY WHICH IS DESCRIBED AS THE WEST HALF OF THE SOUTHEAST QUARTER, SECTION SEVENTEEN, TOWNSHIP THREE NORTH, RANGE ONE EAST, OF THE 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 annex to the said City real property which is described in Section 1 below: NOW, THEREFORE, BE .IT ORDAINED by the. Mayor and City Council of the City of Meridian, Ada County, Idaho: Section 1. That the real property described as: The West half of the Southeast Quarter, Section Seventeen, Township Three North Range One East, of the Boise Meridian. LESS: A parcel of land being on both sides of the centerline of Interstate 80n, Project No. I-80n-1 (29) 45 Highway Survey. as shown on the plans thereof now on file in the office of the Department of Highways of the State of Idaho, and being a portion of the W 1/2 SE 1/4 of Section 17, Township 3 North, Range 1 .East, Boise Meridian, described as follows, to-wit: Commencing at the Southeast corner of the NW 1 /4 SE 1 /4 of Section 17, Township 3 North, Range 1-East, Boise, Meridian; thence North 0°11'06" West along the East line of said NW 1/4 SE 1/4 a distance of 204.0 feet; more or less, to .a point on a ling parallel with and 120.00 fee# south- easterlyfrom the centerline of said Interstate. 80n, Project No. I-80n-1(29) 45 Highway Survey and being the REAL POINT OF BEGINNING; thence continuing North 0° 11'06" West along said East line. 256.0 feet, :more or less to a point in a line parallel with and 120.00 feet northwesterly from the centerline of said .Highway Survey; thence Southwesterly along said last parallel Tine being a 9429.30 foot radius curve right 1259.0 feet, more or less, to a point opposite Station 2402+00.00 of said Highway Survey; thence South 75°5T07" West 1..04.0 feet, more or less, to.a poin# in the West Hne of the W 1 l2 SE 1 /4 of said Section 17; thence South 0°18'12" West along said- West line 231.0 feet, more or less, to a point that bears South 10°58'15" East 112.03 fet from Station 2400+52.63 of said .Highway Survey; thence North 81°34'32" East 149.46 feet to a point in a line parallel- with-the 120.00 feet Southeasterly from the centerline and opposite Station 2402+00.00 of said Highway Survey; thence Northeasterly along said last parallel line being a 9669.30 foot radius curve left 1211.0 feet, more less, to the REAL .POINT OF BEGINNING. ANNEXATION ORDINANCE - ST. LUKE'S/ C-G ~ - PAGE 1 352 Highway Station Reference: 2400+75.00 to-2414+40.72 The area above described contains approximately 7.51 acres.. LESS: That portion of the W 1/2 SE 1/4 of Section 17, Township 3 North, Range 1 East, Boise Meridian, lying North of the Interstate Highway No. 80 North consisting of 32.02 acres, LESS: That portion of the W 112, SE 1/4 Sec. 17, T.3N; R.1 E, B.M., described as follows: Beginning at the sec. cor. common to sec.a 17 and 20; thence S. 89°57' E. 690.00 ft. along Overland Road; thence N. 0°38' E. 1231.21 ft. to center of an irrigation ditch; thence N. 50°19' W. 174.00 ft. along said ditch; to I-80 Highway boundary; thence S. 76°54' W. 416.80 ft. along long chord of highway curve Rt., thence S. 81 °35' W. 152.00 ft. along said boundary; thence S. 0°38' W. 12250.0 ft. to the point of beginning. Contains 20.38 acres more or less. LESS: A parcel of land being on both sides of the centerline Ramp AB survey of the Eagle Road Interchange as shown on the plans of Interstate 84 Project No. IR-84-1(12) 45 Highway Survey now on file in the office of the Idaho Transportation Department Division of Highways, and being a portion of the W 1/2 SE 1/4 of Section 17, Township 3 North, Range 4 East, Boise Meridian, described as follows, to-wit: Commencing at the South quarter corner of Section 17, Township 3 North, Range 1 East, Boise Meridian. thence Easterly along the South line of said Section 17 a distance of 1328.43 feet to the Southwest comer of Overland Way Subdivision, according to the plat thereof filed in Book 46 of Pfats at pages 3798 and 3799, records of Ada County, Idaho; thence North 0°08'17" West (shown of record to be North 0°08'14" West) along the Westerly line of said subdivision 1027.67 feet to a point in a line parallel with and 100.0 feet Southwesterly from centerline and bears South 25°48'36" West from Station 2414+58.80 of said Ramp AB Survey of the Eagle Road Interchange as shown on the plans of said Interstate 84, Project No. IR-84-1(12) 45 Highway Survey and being the REAL POINT OF BEGINNING; thence continuing North 0°08'17" West (shown of record to be North 0°08'14"West) along said Westerly line 539.20 feet to a point in the Southeasterly right of way line of'existing Interstate 84; thence Southwesterly along said existing Southeasterly right of way line 792.0 feet, more or less to the most Northerly corner of the tract as described in that certain Warranty Deed dated June 11, 1981, recorded June 22, 1981, as Instrument No. 8127745 records Ada County, Idaho; ANNEXATION ORDINANCE - ST. LUKE'S/ C-G RAGE 2 353 thence along the Northeasterly and Easterly lines of said tract of land as follows: South 50°35'45" East 170.13 feet (shown of record to be South 50°19' East 174.0 feet) to the Northeast corner of said tract, South 0°21'15" West (shown of record to be South.0°38' West) = 21:66 feet to a point in a line parallel with and 100.0 feet Southwesterly from the centerline and radially from station 2407+66.43 of said Ramp AB Survey; thence along said last parallel line as follows: Southeasterly along a 1809:86 foot radius curve-right 634:015 feet tp a point opposite Station 2414+34.97 of said ramp AB Survey, South 64°11'24" East 23.83-feet to the REAL POINT OF BEGINNING. Ramp AB Survey Station Reference: 2407+66.93 to 2414+58.00 The area above described contains approximately 4.9302 acres. And that portion of the W-1/2 SE 1/4, Section 17, T:3N, R.1 E, B. M:described as follows: Beginning at the Section corner common to Sections 17 and 20; thence S. 89°5T E. 690.00 ft. along Overland road; thence N. '0°38' E. 1231:21 ft: to center of an irrigation ditch; thence N. 50°19' W. 174.00 ft. along said ditch to 1-80 highway boundary; thence S 76°54' W. 416.80 ft. along long chord of highway curve Rt.; thence S. 81 °35' W: 1225:00 ft: to the point of beginning, except that portion (hereof described as follows: Beginning at the 1/4 Section corner-common to Sections 17 and 20, T.3N, R.1E,B.M thence S. 89°57' E. 550.00 ft.; thence N. 0°35' E. 25 ft. to true point of beginning. Thence S. 89°57' E. 140.00 ft.; thence N. 0°38' E. 311.14 ft.; thence N. 89°57' W. 140.00 ft.; thence S. 0°38' W. 311.14 ft. to the true point of beginning. is hereby annexed to the City of Meridian, and shall be zoned C-G General Retail and Service Commercial; 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 theowner shall not meet the following requirements: ANNEXATION ORDINANCE - ST. LUKE'S/'C-G' ~ PAGE 3 354 a That the Applicant for this annexation shall be required to connect to Meridian water and sewer at its expense 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 Comprehensiv 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 and other matters; that the- property may be de-annexed if the terms and conditions of the Development Agreement are not satisfied. 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, 14-9-605M which pertains to the tiling of ditches and waterways, and 11-9-606 B 14 which pertains to pressurized irrigation. e. That these conditions shall run with the land and bind the Applicant, the titled owners, and their- assigns. Meet the requirements and conditions of the Findings of Fact and Conclusion of Law and meet the Ordinances of the City of Meridian. Section 3. That the City Clerk shalt 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 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 City Council and approved by the Mayor of the City of Meridian, Ada County, Idaho., this 2nd day of August,. 1994. APPROVED: OR -GRANT N S R ATTEST: =;!~~i~~~e~~---~~~- WILLIAM. G. BERG, JR., I CLERK. ANNEXATION ORDINANCE - ST. LUKE'S/ C-G RAGE 4 ORDINANCE NO. LOLV I AN ORDINANCE OF THE CITY OF MERIDIAN ANNEXING AND ZONING CERTAIN REAL PROPERTY WHICH IS DESCRIBED AS THE WEST HALF OF THE SOUTHEAST QUARTER, SECTION SEVENTEEN, TOWNSHIP THREE NORTH, RANGE ONE EAST, OF THE 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 annex to the said City real property which is described in Section 1 below: NOW, THEREFORE, BE IT ORDAINED by the Mayor and City Council of the City of Meridian, Ada County, Idaho: Section 1. That the real property described as: The West Half of the Southeast Quarter, Section Seventeen, Township Three North, Range One East, of the Boise Meridian. LESS: A parcel of land being on both sides of the centerline of Interstate 80N, Project No. I-80N-1(29) 45 Highway Survey as shown on the plans thereof now on file in the office of the Department of Highways of the State of Idaho, and being a portion of the W 1/2 SE 1/4 of Section 17, Township 3 North, Range 1 East, Boise Meridian, described as follows, to -wit: Commencing at the Southeast cornea- of the NW 1/4 SE 1/4 of Section 17, Township 3 North, Range 1 East, Boise, Meridian; thence North 0°11'06" West along the East line of said NW 1/4 SE 1/4 a distance of 204.0 feet, more or less, to a point on a line parallel with and 120.00 feet Southeasterly from the centerline of said Interstate 80N, Project No. I-80N-1(29) 45 Highway Survey and being the REAL POINT OF BEGINNING; thence continuing North 0°11'06" West along said East line 256.0 feet, more or less, to a point in a line parallel with and 120.00 feet Northwesterly from the centerline of said Highway Survey; ANNEXATION ORDINANCE - ST. LUKES/C-G Page 1 AMBROSE,FITZGERALD&C 208-888-3969 08-19-94 15:47 P.02 thence Southwesterly along said last parallel line being a 9429.30 foot radius curve right 1259.0 feet, more or less, to a point opposite Station 2402+00.00 of said Highway Survey; thence South 75*51107" West 104.0 feet, more or less, to a point in the West line of the W 1/2 SE 1/4 of said Section 17; thence South 0*18,12" West along said West Line 231.0 feet, more or less, to a point that bears South 10*58' 15" East 112.03 feet from Station 2400+52.63 of said Highway Survey; thence North 81*34,32" East 149.46 feet to a point in a line parallel with the 120.00 feet Southeasterly from the centerline and opposite Station 2402+00.00 of said Highway Survey; thence Northeasterly along said last parallel line being a 9669.30 foot radius curve left 1211.0 feet, more less, to the REAL POINT OF BEGINNING. Highway Station Reference: 2400+75.00 to 2414+40.72 The area above described contains approximately 7.51 acres. LESS: That portion of the W 1/2 SE 1/4 of Section 17, Township 3 North, Range 1 East Boise, Meridian, lying North of the Interstate Highway No. 80 North,, consisting of 32.02 acres, LESS: That portion of the W 1/2, SE 1/4 Sec.17, T.3N., R.U. B.M. described as follows: Beginning at the sec. cor. common to sec.s 17 and 20; thence S. 89°57' E. 690.00 ft. along Overland Road; thence N. 0938' E. 1231.21 ft. to center of an irrigation ditch; thence N. 50019' W. 174.00 ft. along said ditch; to I--80 Highway boundary; thence S. 76°54' W. 416.80 ft. along long chord of highway curve Rt., thence S. 81*35' W. 152.00 ft. along said boundary; thence S. 0*38' W. 1225.0 ft. to the point of beginning. ANNEXATION ORDINANCE - ST.. LUKES/C-a Page 2 AUG 19 '94 15:45 208-888-3969 PAGE.02 Contains 20.38 acres more or less. LESS: A parcel of land being on both sides of the centerline Ramp AB survey of the Eagle Road Interchange as shown on the plans of Interstate 84 Project No. IR-84-1(12) 45 Highway Survey now on file in the office of the Idaho Transportation Department, Division of Highways, and being a portion of the W 1/2 SE 1/4 of Section 17, Township 3 North, Range 1 East, Boise Meridian, described as follows, to -wit: Commencing at the South quarter corner of Section 17, Township 3 North, Range 1 East, Boise Meridian. thence Easterly along the South line of said Section 17 a distance of 1328.43 feet to the Southwest corner of Overland Way Subdivision, according to the plat thereof filed in Book 46 of Plats at pages 3798 and 3799, records of Ada County, Idaho; thence North 0°08'17" West (shown of record to be North 0°08'14" West) along the Westerly line of said Subdivision 1027.67 feet to a point in a line parallel with and 100.0 feet Southwesterly from the centerline and bears South 25°48136" West from Station 2414+58.80 of said Ramp AB Survey of the Eagle Road Interchange as shown on the plans of said Interstate 84, Project No. IR- 84-1(12) 45 Highway Survey and being the REAL POINT OF BEGINNING; thence continuing North 0°08'17" West (shown of record to be North 0°08'14" West) along said Westerly line 539.20 feet to a point in the Southeasterly right of way line of existing Interstate 84; thence Southwesterly along said existing Southeasterly right of way line 792.0 feet, more or less to the most Northerly corner of the tract as described in that certain Warranty Deed dated June 11, 1981, recorded June 22, 1981, as Instrument No. 8127745 records Ada County, Idaho; thence along the Northeasterly and Easterly lines of said tract of land as follows: South 50°35'45" East 170.13 feet (shown of record to be South 50119' East 174.0 Feet) to the Northeast corner of said tract, South 0°21'15" West (:shown of record to be South 0°38' West) - 21.66 feet to a point in a line parallel with and 100.0 feet Southwesterly from the centerline and radially from station 2407+66.43 of said Ramp AB Survey; thence along said last parallel line as follows: ANNEXATION ORDINANCE - ST. LUKES/C-G Page 3 Southeasterly along a 1809.86 foot radius curve right 634.015 feet to a point opposite Station 2414+34.97 of `-- said ramp AB Survey, South 64°11124" East 23.83 feet to the REAL POINT OF BEGINNING. Ramp AB Survey Station Reference: 2407+66.93 to 2414+58.80 The area above described contains approximately 4.9302 acres. And that portion of the W 1/2 SE 1/4, Section 17, T. 3N., R. 1E. B.M. described as follows: Beginning at the Section corner common to Sections 17 and 20; thence S. 89*57, E. 690.00 ft. along Overland road; thence N. 0 ° 3 8 ' E. 1231.21 ft. to center of an irrigation ditch; thence N. 50*19, W. 174.00 ft. along said ditch to I-80 highway boundary; thence S. 76*54' W. 416.80 ft. along long chord of highway curve Rt.; thence S. 81*35, W. 152.00 ft. along said boundary; thence S. 0038, W. 1225.00 ft. to the point of beginning, except that portion thereof described as follows; Beginning at the 1/4 Section corner common to Sections 17 and 20, T. 3N, R. 1E. B.M.; thence S. 89057' E. 550.00 ft.; thence N. 0035' E. 25 ft. to true point of beginning. Thence S. 89057' E. 140.00 ft.; thence N. 0038' E. 311.14 ft.; thence N. 89°57' W. 140.00 ft.; thence S. 0*38, W. 311.14 ft. to the true point of beginning. is hereby annexed to the City of Meridian, and shall be zoned C-G General Retail and Service Commercial; that the annexation and zoning is subject to the conditions referenced in the Findings of ANNEXATION ORDINANCE - ST. LUXES/C-G Page 4 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 for this annexation shall be required to connect to Meridian water and sewer at its expense 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 and other matters; that the property may be de -annexed if the terms and conditions of the Development Agreement are not satisfied. 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, 11-9-605 M. which pertains to the tiling of ditches and waterways, and 11-9-606 B 14. which pertains to pressurized irrigation. e. That these conditions shall run with the land and bind the Applicant, the titled owners, and their assigns. f. 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 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 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. ANNEXATION ORDINANCE - ST. LUKES/C-G Page 5 PASSED by the City Council and approved by the Mayor of the City of Meridian, Ada County, Idaho, this 2Nn day of r�sE, 1994. �.. 01 � � APPROVED: 0 .aaw SEAL' -- , jp uE OR GRANT P KI G jOtD�— ATTEST: Ism.. WILLIAM G. BERG, - CITY CLERK 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 ANNEXING AND ZONING CERTAIN REAL PROPERTY WHICH IS DESCRIBED AS THE WEST HALF OF THE SOUTHEAST QUARTER, SECTION SEVENTEEN, TOWNSHIP THREE NORTH, RANGE ONE EAST, OF THE BOISE MERIDIAN, ADA COUNTY, IDAHO; AND PROVIDING AN EFFECTIVE DATE."; passed as Ordinance No. 66/ by the City Council and Mayor of the City of Meridian, on the 2 N.D day of AiLl`t , 1994, as the same appears in my office. 4t - . W DATED this day of°'� 1994. ''+�i°"a"'�+, � r EA 1 a Q ww"fto A City Clerk, City eridi ri ` Ada County, Idaho ANNEXATION ORDINANCE- ST. LUKES/C-G Page 6 80��` STATE OF IDAHO,) SS.�°.. v t County of Ada, ) �D On this day of 1994, _. care me, the undersigned, a Notary Public in a for said ate, personally appeared WILLIAM G. BERG, JR. known to me to be -'he 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 r' atz)'TApd, cl� E� o y 0, try Public for Idaho ding at Meridian, Idaho Commission Expires D� ANNEXATION ORDINANCE - ST. 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