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HomeMy WebLinkAbout617 A Englewood Subdivision423 AMENDED ORDINANCE NO. 617 AN AMENDED ORDINANCE OF THE CITY OF MERIDIAN ANNEXING AND ZONING CERTAIN REAL PROPERTY WHICH IS DESCRIBED AS A TRACT OF LAND SITUATED IN GOVERNMENT-LOT 1, SECTION 3, TOWNSHIP 3 NORTH, RANGE 1 WEST, 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: Section1. That the real property described as: A tract of land situated in Government Lot 1, Section 3, Township 3 North, Range ~1 West, Boise Meridiar-, Ada County, Idaho, described as follows: Commencing at a found brass cap monumenting the Northwest corner of the Northeast 1/4 of said Section 3, thence along the northerly line of-said Northeast 1/4, said northerly line also being the centerline of Ustick Road South 89°06'49" East a distance of 2640.70 feet to a found brass cap monumenting the northeast corner of said Section 3, thence continuing along said northerly line North 89°06' 49" West, a distance of 285.88 feet to a set steel pin, thence leaving. said northerly line South 00°24'24" West a distance of 25:00 feet to a set iron pipe on the southerly right-of-way of said Ustick Road, said iron pipe being the POINT OF BEGINNING. ` Thence continuing South 00°24'24" West a distance of 128.00 feet to a set steel P~n~ Thence South 89°06'49"East a distance of 30:12 feet to a set steel pin, Thenca South 00°24'24" West a distanc of 127.97-feet to a set steel pin, Thence South 47°56'24" West a distance of 444.20 feet to a set steel pin, Thence South 56°21`24" West a distance of 166.63 feet to a set steel pin, Thence North 88°01'53" West a distance of 60.65 feet to a set steel pin, Thence South 62°38'00" West a distance of 1'64.88 feet to a set steel pin, Thence South 75°34'00' West a distance of 80.45 feet to a set steel ping Thence South 89°29'33" West a distance of 168.91- feet to a set steel ping Thence South 53°59'09" West a distance. of 62:16 feet to a set steel pin, Thence 89°11'00" West a'distance of 95:93 feet to a set steel pin, Thence 00°26'04" East a distance of 792.79 feet to a set steel pin, Thence South 89°06'49" East a distance of 1034.39 fet to the POINT OF BEGINNING. AMENDED ORDINANCE - ENGLEWOOD - ~ PAGE'! 424 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 92 single family dwelling units on the parcel which would be an approximate density of 3.1 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 Findigs 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; as a conditions of annexation and if not paid the land shall be de-annexed. Section 2. That the property shall be subject to de-annexation is 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 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. #o 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 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 that 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 shalt 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. ATT :. ~~ WILLIAM G. BERG, JR., LERK AMENDED ORDINANCE - ENGLEWOOD APP VED: M OR -GRANT P. KING ORD -PAGE 2. 937tiS2`� ORIGINAL A \ I . , � ORDINANCE NO. � I� J. Gx. RECORD"-' AN ORDINANCE OF THE CITY OF MERIDIAN ANNEXING AND ZONING CERTAIN REAL PROPERTY WHICH IS DESCRIBED A PORTION OF GOVERNMENT LOT 1 '93 SEP80_�_TfONl'3,9TOWNSHIP 3 NORTH, RANGE 1 WEST, 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: Annexation request includes Parcel No. S1203110300 as recorded at the Ada County Assessors Office, Ada County, Idaho, being a portion of Government Lot 1 (NE 1/4 of the NE 1/4) of Section 3, T3N, R1W, B.M., Ada County, Idaho; Being more particularly described as follows: Beginning at the NE corner of Section 3, T3N, R1W, B.M.; thence N 89°07'00" W, a distance of 255.75 feet along the North section line of said Section 3, also being the centerline of Ustick Road, to a point; thence S 0°24115" W, a distance of 25 feet to a point on the southerly right-of-way line of Ustick Road also known as the REAL POINT OF BEGINNING; thence continuing S 0°24'15" W, a distance of 255.97 feet to a point; thence S 47°56'15" W, a distance of 444.20 feet to a point on the approximate centerline of Nine Mile Creek; thence S 33°00'45" E, a distance of 808.00 feet to a point along said Nine Mile Creek; thence S 55°00'09" E, a distance of 100.13 feet to a point along said Nine Mile Creek; thence S 89*36145" E, a distance of 31.00 feet to a point along said Nine Mile Creek also being a point on the westerly right-of-way line of North Ten Mile Road; thence S 0°23'58" W, a distance of 37.18 feet to a point on said westerly right-of-way line of North Ten Mile Road; thence N 88°52'20" W, a distance of 1295.09 feet to a point being the center point of the NW 1/4 of said Section 3; thence N 0°23151" E, a distance of 1316.55 feet to a point on the southerly right-of-way of Ustick Road; thence S 89°07'00" E, a distance of 1064.43 feet to a point along said southerly right-of-way line of Ustick Road to the REAL POINT OF BEGINNING. ORDINANCE Page 1 Basis of Bearing is S 89°07'00" E, the North section line of Section 3, T3N, R1W, B.M., Ada County, Idaho, also being the approximate centerline of Ustick Road. 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: Annexation request includes Parcel No. S1203110300 as recorded at the Ada County Assessors Office, Ada County, Idaho, being a portion of Government Lot 1 (NE 1/4 of the NE 1/4) of Section 3, T3N, R1W, B.M., Ada County, Idaho; Being more particularly described as follows: Beginning at the NE corner of Section 3, T3N, R1W, B.M.; thence N 89*07,00" W, a distance of 255.75 feet along the North section line of said Section 3, also being the centerline of Ustick Road, to a point; thence S 0°24'15" W, a distance of 25 feet to a point on the southerly right-of-way line of Ustick Road also known as the REAL POINT OF BEGINNING; thence continuing S 0°24'15" W, a distance of 255.97 feet to a point; thence S 47°56'15" W, a distance of 444.20 feet to a point on the approximate centerline of Nine Mile Creek; thence S 33°00'45" E, a distance of 808.00 feet to a point along said Nine Mile Creek; thence S 55°00'09" E, a distance of 100.13 feet to a point along said Nine Mile Creek; thence S 89°36'45" E, a distance of 31.00 feet to a point along said Nine Mile Creek also being a point on the westerly right-of-way line of North Ten Mile Road; thence S 0°23'58" W, a distance of 37.18 feet to a point on said westerly right-of-way line of North Ten Mile Road; thence N 88*52120" W, a distance of 1295.09 feet to a point being the center point of the NW 1/4 of said Section 3; thence N 0°23'51" E, a distance of 1316.55 feet to a point on the southerly right-of-way of Ustick Road; thence S 89°07'00" E, a distance of 1064.43 feet to a point along said southerly right-of-way line of Ustick Road to the REAL POINT OF BEGINNING. Basis of Bearing is S 89°07'00" E, the North section line of Section 3, T3N, R1W, B.M., Ada County, Idaho, also being the approximate centerline of Ustick Road. ORDINANCE Page 2 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 92 single family dwelling units on the parcel which would be an approximate density of 3.1 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 and 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 1,800.00 square feet, 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 Ten Mile Roads for public right-of-way. 6. Allow only houses of at least 1,800 square feet. 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, ORDINANCE Page 3 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 a greenbelt along Nine Mile Creek and co-ordinate with the Pathway Plan of Ada County. 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 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 7th day of September, 1993. APPROVED: ORDINANCE Page 4 1--.i M ATTEST: CITY CL -- WILLIAM BER 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 ORDINANCE OF THE CITY OF MERIDIAN ANNEXING AND ZONING CERTAIN REAL PROPERTY WHICH IS DESCRIBED A PORTION OF GOVERNMENT LOT 1 SECTION 3, TOWNSHIP 3 NORTH, RANGE 1 WEST, B.M., ADA COUNTY, IDAHO; AND PROVIDING AN EFFECTIVE DATE"; passed as Ordinance No. by the City Council and Mayor of the City of Meridian, on the of J , 1993, as the same appears in my off ce. ,MATED this � day of f;l 1993. � City Clerk, City o ' • `� Ada County, Idaho i ? '§TATE' OF IDAHO,) County of Ada, f4 �� n�S55 On this 7th day of September, 1993 IA undersigned, a Notary Public in and for said r .`te2or�ap appeared WILLIAM BERG, known to me to be the er`` subscribed to the within and foregoing 'n ease i�az�te'is acknowledged that he executed the same. g and IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official,,gW, the day and year in this certificate first above written. ♦♦♦,•♦ E L. �V ♦♦ems �g©� ;�STF�.� ��, 3' 0�6.,, 3 SEAL a r Pub �� t `ram ��> Not y is or Idaho %Re 'ding at Meridian, Idaho ���� %,, My commission expires 04/01/99 4,4 f� ��//I111111j1�, ORDINANCE Page 5