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HomeMy WebLinkAbout686 Van Auker C-G448 ORDINANCE NO. sss AN ORDINANCE OF THE CITY OF MERIDIAN ANNEXING AND ZONING CERTAIN REAL PROPERTY WHICH IS DESCRIBED AS A PARCEL OF LAND LOCATED IN THE SOUTHWEST 1/4, SECTION 9, TOWNSHIP 3 NORTH, RANGE 1 EAST, BOISE MERIDIAN, ADA COUNTY, IDAHO; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the City Councif and the Mayor of the City of Meridian, Idaho have concluded that it is in the best interest of the said City to annex to the said City real property which id described in Section 1 below: NOW, THEREFORE, BE IT ORDAINED by the Mayor-and City Council of the City of Meridian, Ada County, Idaho: SEE EXHIBIT "K" THROUGH "L" which attached hereto and incorporated herein as if set forth in full is hereby annexed to the City of Meridian, and is 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 Van Auker 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 contol ed 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. 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. ANNEXATION ORDINANCE -VAN AUKER/C-G PAGE 1 449 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. 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: ATTEST: p G~ M OR -GRANT P. NG ORD WILLIAM G. BERG, JR., C ~ LERK EXHIBIT "K" RONALD W. VAN AUKER GENERAL COMMERCIAL ZONING 11.00 Acre Parcel (including public right-of-way) A parcel of land located in the Southwest 1 /4, Section 9, Township 3 North, Range 1 East, Boise Meridian, Ada County, Idaho, and more particularly described as follows: Beginning at a found brass cap monumenting the Southwest comer of said Section 9; thence along the southerly line of said Southwest 1/4 of Section 9, said southerly line also being the centerline of Franklin Road, North 89° 11'46" East a distance of 2706.25 feet to a found brass cap monumenting the Southeast corner of said Southwest 1 /4; said point being the REAL POINT OF BEGINNING; thence leaving said southerly line and along the easterly line of said Southwest 114 North 295.00 feet to a point; thence along a line parallel to the southerly line of said railroad right-of-way North 89°56'30" West a distance of 1648.20 feet to a point, thence South 06°54'57" East a distance of 297.22 feet to a point on the southerly line of said Southwest 1/4 of Section 9, also being the centerline of Franklin Road; thence along said southerly line North 89°11'46" East a dis#ance of 1628.25 feet to a brass cap monumenting the Southeast comer of said Southwest 1/4; said point being the REAL POINT OF BEGINNING; ANNEXATION ORDINANCE -VAN AUKER/C-G' PAGE 2 450 EXHIBIT "L" FRANAKLIN-EAGLE JOINT VENTURE GENERAL COMMERCIAL ZONING 25.52 Acre. Parcel (including public right-of-way) A parcel of land located in the Southwest 1/4, Section 9, Township 3 North, Range 1 East, Boise Meridian, Ada County, Idaho, and more particularly described as follows: Beginning at a found brass cap monumenting the Southwest Comer of said Section 9; said point being the REAL POINT OF BEGINNING; thence along the southerly line of said Southwest 1/4 of Section 9, said Southerly line also being the centerline of Franklin Road, North 89°11'46" East a distance of 1078.00 feet to a steel pin; thence leaving said southerly line North 06°54'57" West a distance of 1090.37 feet to a steel pin on southerly line of the Union Pacific Railroad right-of-way; thence along said southerly right-of-way line North 89°56'30" West a distance of 946.60 feet #o a point on the centerline of Eagle Road; thence South 00°00'00" West along said centerline of Eagle Road. a distance of 1098.53 feet to a found brass cap monumenting the Southwest Corner of said Section 9, said point being the REAL POINT OF BEGINNING. ANNEXATION ORDINANCE -VAN AUKER/C-G PAGE.3 �`RDEF ORDINANCE NO.'� AN ORDINANCE OF THE CITY OF MERIDIAN A`1I1�TC ;AND ZON NG CERTAIN REAL PROPERTY WHICH IS DESCRIBED AS A PARCEL OF LAND LOCATED IN THE SOUTHWEST 1/4, SECTION 9, TOWNSHIP 3 NORTH, RANGE 1 EAST, BOISE MERIDIAN, ADA COUNTY, IDAHO; AND PROVIDING AN EFFE DATE.'�02/ WHEREAS, the City Council and the Mayor of the City 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: SEE EXHIBIT "K" THROUGH "L" which attached hereto and incorporated herein as if set forth in full is hereby annexed to the City of Meridian, and is 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 Van Auker 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. ANNEXATION ORDINANCE - VAN AUKER/C-G Page 1 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 on the Van Auker Annexation and meet the Ordinances of the City of Meridian. g. That a Development Agreement is required prior to final plat or issuance of building permits, whichever comes first. 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. PASSED by the City Council and approved by the Mayor of the CtY of Meridian, Ada County, Idaho, this day of APPROVED: q17 MAYOR -- GRANT P. KING ORD ANNEXATION ORDINANCE - VAN AUKER/C-G Page 2 u ATTEST: ILLIAM G. BERG, JR. -- CITY CLERK TATE OF IDAHO,) ss. ounty 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 A PARCEL OF LAND LOCATED IN THE SOUTHEAST 1/4 AND SOUTHWEST 1/4, SECTION 9, TOWNSHIP 3 NORTH, RANGE EAST, BOISE MERIDIAN, ADA COUNTY, IDAHO; AND PROVIDING AN FFECTIVE DATE."; passed as Ordinance No. 64:;& , by the City unci1 and Mayor of the City of Meridian, on the a� 1;�-- day of 199 / , as the same appears in my office . DATED this { day of 199 S ATE OF IDAHO,) C unty of Ada, ) t a City Clerk, City of Ada County, Idaho ss. fiwr.F ril On this �D�' day of j��c 6 er 199 a Zellell r �'iLE3 e undersigned, a Notary Public in and for said State peared WILLIAM G. BERG, JR. known to me to be the person whose me is subscribed to the within and foregoing instrument, and knowledged 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 wl itten. o. tp `�-tp SEAL - n F�J xs N F v n Z+ ,,,'jote OF I ZL ,Ary Public for Idaho iding at Meridian, Idaho Commission Expires a ON ORilIN1 CE - VAN AUKER/C-G Page 3 EXHIBIT "K" Ronald W. Van Auker GENERAI—COMMERCIAL ZONING 11.00 ACRE PARCEL (including public right-of-way) A parcel of land located in the Southwest 1/4, Section 9, Township 3 North, Range 1 East, Boise Meridian, Ada County, Idaho, and more particularly described as follows: Beginning at a found brass cap monumenting the Southwest Corner of said Section 9; thence along the southerly line of said Southwest 1/4 of Section 9, said southerly line also being the centerline of Franklin Road, North 89' 11' 46" East a distance of 2706.25 feet to a found brass cap monumenting the Southeast corner of said Southwest 1/4; said point being the REAL POINT OF BEGINNING; thence leaving said southerly line and along the easterly line of said Southwest 1/4 North 295.00 feet to a point; thence along a line parallel to the southerly line of said railroad right-of-way North 890 56' 30" West a distance of 1648.20 feet to a point, thence South 060 54' 57" East a distance of 297.22 feet to a point on the southerly line of said Southwest 1/4 of Section 9, also being the centerline of Franklin Road; thence along said southerly line North S9" 11' 46" East a distance of 162S.25 feet to a brass cap monumenting the Southeast corner of said Southwest 1i4; said point being the REAL POINT OF BEGINNING; EXHIBIT "L" Franklin -Eagle Joint Venture GENERAL_COMMERCIAL ZONING 25.52 ACRE PARCEL �— (including public right-of-way) A parcel of land located in the Southwest 114 , Section 9, Township 3 North, Range 1 East, Boise Meridian, Ada County, Idaho, and more particularly described as follows: Beginning at a found brass cap monumenting the Southwest Corner of said Section 9; said point being the REAL POINT OF BEGINNING; thence along the southerly line of said Southwest 114 of Section 9, said southerly line also being the centerline of Franklin Road, North 89' 11' 46" East a distance of 1078.00 feet to a steel pin; thence leaving said southerly line North 06' 54' 57" West a distance of 1090.37 feet to a steel pin on southerly line of the Union Pacific Railroad right-of-way; thence along said southerly right-of-way line North 89' 56' 30" West a distance of 946.60 feet to a point on the centerline of Eagle Road; thence South 00' 00, 00" West along said centerline of Eagle Road a distance of 1098.53 feet to a found brass cap monumenting the Southwest Corner of said Section 9, said point being the REAL POINT OF BEGINNING . , �, �_- _ ,� .�� 1 1 _ �� _1_,, ----�-.� �- - - - �� �- �, Settlers � _ _ _ _ z 2 - - -, - - - � -=-�_��, ,�� n�,` \� �� _ J � - -- - MMERQE suB�ivisio -------- ---- -- ______________________.. ______________J ___ _ `-'-,- _. 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'�--- -- UNION PACIFIC RAILROAD 1 1 o121�INd.N� NO. �8� VA,N b.t�t�-E� �G -�j �� �X1�tt31j'/` Ly col �'�� o o ' o� t-- � ' wI P�`�� �3 � � 2� 52 � 1 g � s I 0 �. ---ralot�H-�� t c�+a-���--icy--,�------------- zT� a�� : 1 `' = 3001 --- --_ ----- _____-T-- -T------------------ `�� This map is made from data copyrighted by Ada County • •3 Ada County shall not be liable for inamiracies or misuse of this map. Maps bearing this disclaimer may be photocopied freely However, use in any digital form $� requires the written permission of Ada County.