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HomeMy WebLinkAbout617 A Englewood Subdivision454 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 SLTUATED IN GOVERNMENT LOT 1, SECTION 3, TOWNSHIP 3 NORTH, RANGE 1.WEST,:BOISE MERIDIAN, ADAOOUNTY,-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 Meridian, 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 Section 3, said also being the centerline of Ustick Road North 89°06'49" West a distance of 285.88 feet to a set steep pin,. said pin being the. POINT OF BEGINNING. Thence leaving said northerly line South 00°24'24" West a distance of 153.00 feet to a set steel pin, Thence South 89°06'49" East a distance of 30.12 feet to a set steel pin, Thence South 00°24'24" West a distance 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 33°02'13" East a distance of 808.00 feet to a point, Thence South 54°47'58" East a distance of 100.00 feet to a point, Thence South 89°36'36" East a distance of 56.00 feet to a point on the easterly -line of said Section 3, said Line also being the centerline of Ten Mile Road, thence along said easterly line South 00°24'24" West a distance of 59.17 feet to a point on the southerly line of said Lot 1, Thence leaving said easterly line and along said southerly line North 89°02'00" West a distance of 1320.93 feet to the Southwest Comer of said Lot 1, Thence leaving said southerly line and along the westerly line of said Lot 1 North 00°26'04" East a distance of 1367.32 feet to a point on said northerly line of Section 3, Thence along said northerly line South 89°06'49" East a distance of 1034.38 feet to the POINT OF BEGINNING. 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 AMENDED ORDINANCE - ENGLEWOOD PAGE 1 455 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 fo lowing 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 fine extensions to serve the, property and connection to Meridian water and sewer lines shall be made. 4. Construct streets within the property. 5. Dedicate the necessary land from the centerline. of l) tick 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 fee# 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 14-2-41fi Land 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 orfees 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 he Ordinances of the City of Meridian. Section 3. That if the Applicant shall fail to meet the above conditions that the property`shatl 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 17th day of January, 1995.. APPROVED:. ATTEST: WILLIAM G. BERG, JR., I LERK AMENDED ORDINANCE - ENGLEWOOD MAYOR -GRAN P. KI ORD PAGE 2. 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, OF 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: Section 1. That the real property described as: J A tract of land situated in Government Lot 1, of Section < < 3, Township 3 North, Range 1 West, Boise Meridian, Ada LCl,� County, Idaho, described as follows: Commencing at a found brass cap monumenting the Northeast Corner of said Section 3, thence along the " Northerly line of said Section 3, said line also being the centerline of Ustick Road North 89°06'49" West a distance of 285.88 feet to a set steel pin, said pin s being the POINT OF BEGINNING. Thence leaving said northerly line South 00°24'24" West a distance of 153.00 feet to a set steel pin, Thence South 89*06149" East a distance of 30.12 feet to a set steel pin, Thence South 00*24124" West a distance 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 33°02' 13" East a distance of 808.00 feet to a point, Thence South 54*47158" East a distance of 100.00 feet to a point, AMENDED ORDINANCE - ENGLEWOOD Page 1 Thence South 89*36136" East a distance of 56.00 feet to a point on the easterly line of said Section 3, said line also being the centerline of Ten Mile Road, thence along said easterly line South 00°24'24" West a distance of 59.17 feet to a point on the southerly line of said Lot 1, Thence leaving said easterly line and along said southerly line North 89°02100" West a distance of 1320.93 feet to the Southwest Corner of said Lot 1, Thence leaving said southerly line and along the westerly line of said Lot 1 North 00°26'04" East a distance of 1367.32 feet to a point on said northerly line of Section 3, Thence along said northerly line South 89°06'49" East a distance of 1034.38 feet to the POINT OF BEGINNING. 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 any development fee or transfer fee if 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 AMENDED ORDINANCE - ENGLEWOOD Page 2 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, 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 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 AMENDED ORDINANCE - ENGLEWOOD Page 3 .,. 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 / '- day of January, 1995. APPROVED: MAY R �--GRPAZNTP. KING F ATTEST: N «'rltitx , CITY CLERK -- WILLIKM AERG g AMENDED ORDINANCE - ENGLEWOOD Page 4 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 Amended Ordinance entitled "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"; passed as Amended Ordinance No. 617 , by the City Council and Mayor of the City of Meridian, on the r day of January, 1995, as the same appears in my office. DATED this tkday of January, 1995. Clerk, City of 46rierian county, Idaho STATE OF IDAHO,) County of Ada, ) On this d_dyof January, 1995, before me, the undersigned, a Notary Public in and for said State, personally appeared WILLIAM BERG, 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. _ n SEAL ' O fyl Na y Public for Idaho es'ding at Meridian, Idaho e%o,nhr;saion eze0oires AMENDED ORDINANCE - ENGLEWOOD Page 5 r,r .... ___- 77 21 14 21 18 a e i `+'•-:9 ",;.�■ 'O � ,t � 15 \\ •f` 1�I. ♦ � �I sms a ,r t` a \\ \✓ r, \e a 10 I1-' e... h 21 � I A 1♦ e.0 : 1 ♦ a92 e n\ 21 32 G{zEEI� E� a » IS as a a v a ! — 35 " o �t.13 e alo \\ n 1■ }° a \ i THE, 11 to \ 5 � \ _ CHERRBY LANE THE N 0.'/�2--- P LIAK E AT -1, e ru 9 -/_ 3cx�)/ v,vrF_ . 0' a O cr cJ ------------- L W I � I I V i "