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HomeMy WebLinkAbout602 A Himerich / Dorado421 AMENDED- ORDINANCE NO. 602 AN AMENDED ORDINANCE OF THE CITY OF MERIDIAN- ANNEXING AND ZONING CERTAIN REAL PROPERTY WHICH IS DESCRIBED AS A PORTION OF LOTS 3 AND 4 OF J.E. PFOST'S SUBDIVISION LOCATED IN THE NW 1/4 OF THE $W 1/4 OF SECTION 6, T.3N, 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 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 above and referenced real property described as: A portion of Lots 3, and 4 of J: E. Pfost's Subdivision located in the NW 1/4 of the SW 1/4 of Section 6, T.3N, R.1E, B.M., Ada County, Idaho, more particularly described as follows: Commencing at the quarter corner.common to Section 1, R.3N, R.4W, B.M., and the said Section 6, from which the South 1 /16 corner common to said Sections 1 and 6 bears South 0°25'30" East, 1324.06 feet; ` thence South b°25'30" East 548.50 feet to the REAL POINT OF BEGINNING. Thence South 89°43'16" East, 165.02 feet to a point; Thence North 0°53'00" West; 24.68 feet to a point; Thence North 88°46'41" East, 1 fi8.19 feet to a point; Thence North 1 ° 13' 19" West; 21.00 feet to a point; Thence North 88°46'41" East, 75.47 feet to a point; Thence North 83°42'10" East, 129.02 feet to a point; Thence North 88°48'30" East, 389.42 feet to a point; thence South 31°03'37" East 414.87 feet to the Southeast corner of said Lot 4 of J.E. Pfost's Subdivision; thence South 88°34'59" West, 1087.46 feet along the South boundary of said Lot 4 and said South boundary extended to a point on the West boundary of the SW 1/4 ofsaid Section 6; thence along said West boundary North 0°25'30" West, 311.04 feet to the Poin# of Beginning. is hereby annexed to the City of Meridian, and is zoned R-40 Residential; tha the reason for the R-40 Residential zoning is to allow an apartment complex to be constructed on the parcel which would have a density of 25 dwelling units per acre and no more than 25 AMENDED ORDINANCE - HIMERICH/DORADO PAGE 1 422 dwelling units per acre shah be placed. on theproperty or the land shall be de-annexed; that the property shall be subject to site planning review; 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 all ditches, canals and waterways shall be tiled including those that are property boundaries or only partially located on the property. Section 2. That the property shall be subject to de-annexation if the owner constructs more than 25 dwelling units per acre; the property shall also be subject to de- annexation if the owner does not construct water and sewer line extensions to serve the property, construct streets to and within the property, or fails to meet the requirements and conditions of the Findings of Fact and. Conclusions of Law and of this Ordinance; if Applicant fails to meet these conditions the property shall be .subject to de-annexation, which conditions subsequent shall run with land and also be personal to the owner. Section 3. That the City Clerk shall cause one (1) copy of the legal description, and map, whcih 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 4. 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 20th day of December, .1994. .APPROVED: MAYOR -GRANT P. KI SFORD ATTEST: ~~~~ WILLIAM G. BERG, JR., C ERK AMENDED ORDINANCE - HIMERICH/DORADO... PAGE 2 a 1 " ) j ?'- W" AMENDED ORDINANCE NO. 602 ^44 (0 AN AMENDED ORDINANCE OF THE CITY OF MERIDIAN ANNEXING AND ZONING CERTAIN,RE�, PROPERTY WHICH IS DESCRIBED AS A PORTION OF LOTS 3 ' �!L" 6 AND 4" OF' J': E . PFOST' S SUBDIVISION LOCATED IN THE NW 1/4 OF THE SW 1/4 OF SECTION 6, T.3N., R.1E., B.M., ADA COUNTY, IDAHO; AND FFF /f PROVIDING AST:' -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 above and referenced real property described as: A portion of Lots 3 and 4 of J. E. Pfost's Subdivision located in the NW 1/4 of the SW 1/4 of Section 6, T.3N., R.lE., B.M., Ada County, Idaho, more particularly described as follows: Commencing at the quarter corner common to Section 1, T.3N., R.1W., B.M., and the said Section 6, from which the South 1/16 corner common to said Sections 1 and 6 bears South 0°25130" East, 1324.06 feet; thence South 0°25'30" East, 548.50 feet to the REAL POINT OF BEGINNING Thence South 89043'16" East, 165.02 feet to a point; thence North 0053,00" West, 24.68 feet to a point; thence North 88046'41" East, 118.19 feet to a point; thence North 1°13'19" West, 21.00 feet to a point; thence North 88°46'41" East, 75.47 feet to a point; thence North 83042'10" East, 129.02 feet to a point; thence North 88048'30" East, 389.42 feet to a point: AMENDED ORDINANCE - HIMERICH/DORADO Page 1 thence South 31*03137" East, 414.87 feet to the Southeast corner of said Lot 4 of J. E. Pfost's Subdivision; thence South 88°34'59" West, 1087.46 feet along the South boundary of said Lot 4 and said South boundary extended to a point on the West boundary of the SW 1/4 of said Section 6; thence along said West boundary North 0*25130" West, 311.04 feet to the Point of Beginning. is hereby annexed to the City of Meridian, and is zoned R-40 Residential; that the reason for the R-40 zoning is to allow an apartment complex to be constructed on the parcel which would have a density of 25 dwelling units per acre and no more than 25 dwelling units per acre shall be placed on the property or the land shall be de -annexed; that the property shall be subject to site planning review; 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 all ditches, canals and waterways shall be tiled including those that are property boundaries or only partially located on the property. Section 2. That the property shall be subject to de - annexation if the owner constructs more than 25 dwelling units per acre; the property shall also be subject to de -annexation if the owner does not construct water and sewer line extensions to serve the property, construct streets to and within the property, or fails to meet the requirements and conditions of the Findings of Fact and Conclusions of Law and of this Ordinance; if Applicant fails to meet these conditions the property shall be subject to AMENDED ORDINANCE - HIMERICH/DORADO Page 2 de -annexation, which conditions subsequent shall run with land and �. also be personal to the owner. 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 Amended Ordinance. Section 4. 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 20 iA day of 19 914 APPROVED: OR -- GRANT P. KI GS ORD ATTEST: CITY CLERK -- eW�IL!L�I G BERG, JR. AMENDED ORDINANCE - HIMERICH/DORADO F� W Page 3 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 PORTION OF LOTS 3 AND 4 OF J.E. PFOST'S SUBDIVISION LOCATED IN THE NW 1/4 OF THE SW 1/4 OF SECTION 6, T.3N., R.lE., B.M., ADA COUNTY, IDAHO; AND PROVIDING AN EFFECTIVE DATE"; passed as Amended Ordinance No. 602, by the Ci y Council and Mayor of the City of Meridian, on the day of C2 nfjQ/,- 199�, as the same appears in my office. A-..,TED this day of Q�'�J�tG�c� 199 ¢. All 16, :w City Clerk City of, eri ian y y . Ada County, Idaho -h STATE OF IDAHO,) ss. County of Ada, ) On this d&k day of , 199y-1 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. 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