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AMENDED ORDINANCE NO. 635
AN AMENDED 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.1 W, 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 t the said City real property
which is described in Section 1 below:
NOW, THEREFORE, BE tT ORDAINED by the Mayor and City Council of the City
of Meridian, Ada County, Idaho:
PARCEL ONE
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:
Commencing at a found aluminum cap monumenting -the Southeast corner of the
said NE 1/4 of Section 24, said corner bieng the TRUE POINT OF BEGINNING,
from which the Northeast corner of said Section 24 bears North 00°37'36" East
2,649.87 feet;
#hence, along the East-Wes# 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 #ollowing four courses
and distances;
1. North 30°37'30" West 139.10 feet;
2. thence North 41°08'23" West 989.03, (formerly known as North 41'37"
West 1,017.00 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°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 Elk Run Subdivis
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 978.73 feet, (formerly known as North
89'06" East) to a point on the Easterly boundary line of said Section 24;
thence along said Easterly boundary South 00° 37'36" West 1,153.92 feet to the
TRUE POINT OF BEGINNING.
AND
AMENDED ANNEXATION ORDINANCE -ELK RUN 2 PAGE 1
407
PARCEL TWO
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:
Commencing at a found aluminum cap monumenting the Southeast :corner of the
said NE 1 /4 of Section 24, 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 00°37'36"
East 1;153.92 feet to a point,' said point being the TRUE POINT OF BEGINNING;
thence leaving said Easterly boundary North 89°52'45" West 154.12 feet to a
found 5/8 iron pin and cap marked P.E./L.S. 3260 monumenting the Southeast
corner of 1Lot 5; Block 1; as it is shown on that certain plat of Elk Run Subdivision
recorded July 19, 1993, in Book 63 at Page 6303, Ada County Records;
thence along the Easterly boundary of said Lot 5, Block 1, of Elk Run Subdivision
North 01 °01`15" East 200.00 feet, to a found 5/8" iron pin andcap-marked, P.E./
L.S. 3260;
thence along the South boundary of Lot 4, Block 1, of said subdivision South 88°
55'45" East 152.74 feet to a point on the Easterly. boundary of said Section 24;
thence along said boundary South 00°3T36" West 197.45 feet to the TRUE POINT
OF BEGINNING;
are hereby annexed. to the City of Meridian; that PARCEL ONE is to be R-4 Residential;
that PARCEL TWO is zoned R-8 Residential; 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 subjec to and contolled 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 fo 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 irrigations.
AMENDED ANNEXATION ORDINANCE -ELK RUN 2 PAGE 2
408
e. That these conditions shall run with the land and bind the Applicant, the titled
owners, and their assigns.
f. Meet the requriements and condtions of the Findings of Fact and Conclusions
of Law and meet the Ordinances of the City of Meridian.
g. Meet the requirements and conditions of .the Findings of Fact and Conclusions
of Law.
Section 3. That if the Applicant shall 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 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 6th day of December, 1994.
APPROVED:
MA OR -GRANT ..KIN ,FORD
ATTEST:
,~ ~
WILLIAM G. BERG, JR., CI C ERK
AMENDED ANNEXATION ORDINANCE -ELM( RUN 2 PAGE 3
AMENDED ORDINANCE NO. 635
AN AMENDED ORDINANCE OF THE CITY OF MERIDIAN iY►G�4C"tyNU "GULV11vtz
CERTAIN REAL PROPERTY WHICH IS DESCRIBED AS A '�ARCEL_ 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
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:
PARCEL ONE
A parcel of land situated in a portion of the NE 1/4, of
Section 24, T.3N.11 R.1W., B.M., Meridian, Ada County,
Idaho, and being more particularly described as follows:
Commencing 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 32*17130" 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*37,30" 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;
AMENDED ANNEXATION ORDINANCE - ELK RUN 2 Page 1
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°41'01" West 159.22 feet (formerly known as
North 25106" 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 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 978.73 feet, (formerly known as North
89106" East) , to a point on the Easterly boundary line of
said Section 24;
thence along said Easterly boundary South 00°37'36" West
1,153.92 feet to the TRUE POINT OF BEGINNING.
AND
PARCEL TWO
A parcel of land situated in a portion of the NE 1/4, of
Section 241 T.3N., R.1W., B.M., Meridian, Ada County,
Idaho, and being more particularly described as follows:
Commencing at a found aluminum cap monumenting the
Southeast corner of the said NE 1/4 of Section 24, 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 00°37'36" East 1,153.92 feet to a point,
said point being the TRUE POINT OF BEGINNING;
thence leaving said Easterly boundary North 89°52'45"
West 154.12 feet to a found 5/8" iron pin and cap marked
P.E. /L.S. 3260 monumenting the Southeast corner of Lot 5,
Block 1, as it is shown on that certain plat of Elk Run
Subdivision, recorded July 19, 1993, in Book 63 at Page
6303, Ada County Records;
thence along the Easterly boundary of said Lot 5, Block
1, of 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;
AMENDED ANNEXATION ORDINANCE - ELK RUN 2 Page 2
thence along the South boundary of Lot 4, Block 1, of
said subdivision South 88°55'45" East 152.74 feet to a
�.. point on the Easterly boundary of said Section 24;
thence along said boundary South 00°37'36" West 197.45
feet to the TRUE POINT OF BEGINNING;
are hereby annexed to the City of Meridian; that PARCEL ONE is be
R-4 Residential; that PARCEL TWO is zoned R-8 Residential; 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
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.
9• Meet the requirements and conditions of the Findings of
Fact and Conclusions of Law.
AMENDED ANNEXATION ORDINANCE - ELK RUN 2
Page 3
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 6 1k day of
Zee 2rn-6 e- , 1994.
APPROVED:
MAYOR -- GRAINY.. P . KI R
ATTEST:
10,0
4 Sd 3.'.k C111' R! .A1:•
- ITY CLERK
WILLIAM G. BERG, JR.
AMENDED ANNEXATION ORDINANCE - ELK RUN 2
Page 4
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 Amended Ordinance entitled
"AN AMENDED 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", passed as Amended Ordinance No. 635 by the City Council
and Mayor of the City of Meridian, on the , tic. day of _
acem %Pf , 1994, as the same appears in my
office.
DATED this day of���� aQ�
-i
f TEAL p.
STATE OF ID�' �
County of Ada°,
1994.
City Clerk, City o"f Meridian
jAda County, Idaho
On this & t"h y of -:L-)ee le k, 6er 11 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.
SEAL OT A/-®P •
b e
+ � 0
vex
At
OF
'14108414210"
Not ry Public for Idaho
,siding at Meridian, Id$a�hoJ
AMENDED ANNEXATION ORDINANCE - ELK RUN 2
Page 5
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