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HomeMy WebLinkAbout689 Danbury Faire Sub 5, 6, & 7459 ORDINANCE NO. 689 AN ORDINANCE OF THE CITY OF MERIDIAN ANNEXING AND. ZONING CERTAIN REAL PROPERTY WHICH IS DESCRIBED AS A PARCEL OF LAND LYING IN THE SW 1/4 OE THE NE fi14 OF SECTION 7, 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 real property described as: A parcel of land lying in the SW 1/4 of the NE 1/4 of Section 7, T.3N, R.1 E, B.M., Ada County, Idaho, more particularly described as follows: Commencing at the center 1/4 corner of Section 7, T.3N, R.1 E, B.M. thence North 89°07'04" East along the East-West center of section line which line is also the centerline of East Pine Street, for a distance of 661.88 feet to the Southeast corner'of the West 1/2 of the SW 1/4 of the NE 1/4 of said Section 7, said point being the REAL POINT OF BEGINNING; thence North 0°06'00"East along the Easterly line of said West 1/2 of the SW 1/4 of the "NE 1 /4 #or a distance of 956.99 feet; thence South 89°0704" West-for a distance of 441.95 feet to a point on the centerline of Five Mile Creek, said point being a point on a curve of said centerline; thence 20.76 feet along the arc of a curve to the right, said curve having a radius of 220.00 feet; a ce~tral'angle of 5°24'28" and a chord distance of 20.76 feet which bears South 34°38'33" West to a point of tangent; thence South 36°12'09" West along said centerline for a distance of 162.14 feet; thence South 0°45'19" East along said centerline for a distance of 367.20 feet; thence South 38°17'00" East along a portion of said Five Mile Creek centerline for a distance of 558.17 feet to a point on the East=West center of section -line; thence North 89°0T04" East along said center of section fine fora distance of 197.16 feet to the-REAL POINT OF BEGINNING, containing 10:04 acres more or less. ALSO INCLUDING A parcel of land bieng lots 1, 2, 8 ad a portion of lot 7 of the EASTSIDE ADDITION to Meridian as same is showh on the plaf thereof recorded in Book 4 of plats at -page 158 of Ada County Records; said parcel located in the SE 1/4 of the NE 1/4 of Section 7, T.3N, R.1 E, B.M. Ada County, Idaho more particularly described as follows: . commencing at the Northwest corner of the SE 1/4 of the NE 1/4 of Section 7, T.3N, R.1 E, B.M. said point being the Northwest comer of said Eastside Addition ANNEXATION ORDINANCE - DANBURY FAIR`S, 6 BT 7 ~ ` PAGE 1 46.0 to Meridian and the REAL POINT OF BEGINNING; thence North 89°36'07" East along the North boundary line of said SE 1/4 of the NE 1/4 and said Eastside Addition for a distance of 1297.07 feet to a point on the Westerly right-of-way of North Locust Grove Road and also being. the Northeast corner of Lot 1 of said Eastside Addition; thence South 0°00'00".West along said right-of-way line fora distance of 650.08 feet to the Southeast corner of Lot 2 of said Eastside Addition; thence South 89°21'51" West along the south lot line of said Lot 2 for a distance of 668.94 feet to the Southeast comer of Lot 7 of said Eastside Addition said point being on the Westerly right-of-way line of Adkins Street; thence N. 0°02'01" East along said Westerly right-of-way line and the East lot line of said Lot 7 for a distance of 125.00 feet; thence South 89°21'51" West for a distance of 180.00 feet; thence South 0°02'01" West for a distance of 125.00 feet to a point on the South lot line of said Lot 7; thence South. 89°21'51" West along said South lot line for a distance of 448.94 feet to the Southwest corner of said Lot 7; thence North 0°04'01" East along the Westerly boundary line of said Eastside Addition for a distance of 655.47 feet to the REAL POINT OF BEGINNING containing 18.93 acres more of less. Including a strip of N: Locust Grove Road Right-of-way being 25 feet in width adjacent and parallel with the easterly boundary of the above described tract of land. The easterly side of said strip also being the East bounday line of said Section 7, and centerline of N. Locust Grove Road. is hereby annexed to the City of Meridian, and shall be 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 11-2-41,7 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. ANNEXATION ORDINANCE - DANBURY FAIR 5, 6; ~ 7 PAGE 2 461 d. That the development of annexed land mus# 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. 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, whcih 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 17th day of January, 1995. APPROVED: GRANT P: KINGSF R R ATTEST: WILLIAM G. BERG, JR., I LERK ANNE~(ATION ORDINANCE - DANBURY,FAIR 5, 6, 8~ 7 ~PAGE,3, ORDINANCE NO. 689 AN ORDINANCE OF THE CITY OF MERIDIAN ANNEXING AND ZONING CERTAIN REAL PROPERTY WHICH IS DESCRIBED AS A PARCEL OF LAND LYING IN THE SW 1/4 OF THE NE 1/4 OF SECTION 7, T.3N., R.lE., 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 real property described as: A parcel of land lying in the SW 1/4 of the NE 1/4 of section 7, T.3N., R.lE., B.M., Ada County, Idaho, more particularly described as follows: V Commencing at the center 1/4 corner of section 7, T.3N., R.lE., B.M. thence North 89°07'04" East along the East-West center of section line which line is also the centerline of u- - East Pine Street, for a distance of 661.88 feet to the BrQ ` Southeast corner of the West 1/2 of the SW 1/4 of the NE 1/4 of said section 7, said point being the REAL POINT OF BEGINNING; Al� thence North 0°06'00" East along the Easterly line of said West 1/2 of the SW 1/4 _ of the NE 1/4 for a distance of 956.99 feet; thence South 89*07104" West for a distance of 441.95 feet to a point on the centerline of Five Mile Creek, said point being a point on a curve on said centerline; thence 20.76 feet along the arc of a curve to the right, said curve having a radius of 220.00 feet, a central angle of 5°24'28" and a chord distance of 20.76 feet which bears South 34°38'33" West to a point of tangent; thence South 36*12,09" West along said centerline for a distance of 162.14 feet; thence South 0°45'19" East along said centerline for a distance of 367.20 feet; ANNEXATION ORDINANCE - DANBURY FAIR 5, 6 6 7 Page 1 thence South 38 ° 17 ' 00" East along a portion of said Five Mile Creek centerline for a distance of 558.17 feet to a point on the East-West center of section line; thence North 89°07'04" East along said center of section line for a distance of 197.16 feet to the REAL POINT OF BEGINNING, containing 10.04 acres more or less. ALSO INCLUDING A parcel of land being lots 1, 2, 8 and a portion of lot 7 of the EASTSIDE ADDITION to Meridian as same is shown on the plat thereof recorded in Book 4 of plats at page 158 of Ada County Records, said parcel located in the SE 1/4 of the NE 1/4 of section 7, T.3N., R.lE., B.M., Ada County, Idaho more particularly described as follows: commencing at the Northwest corner of the SE 1/4 of the NE 1/4 of section 7, T.3N., R.1E., B.M. said point being the Northwest corner of said Eastside Addition to Meridian and the REAL POINT OF BEGINNING; thence North 89*36107" East along the North boundary line of said SE 1/4 of the NE 1/4 and said Eastside Addition for a distance of 1297.07 feet to a point on the Westerly right-of-way of North Locust Grove Road and also being the Northeast corner of Lot 1 of said Eastside Addition; thence South 0*00,00" West along said right-of-way line for a distance of 650.08 feet to the Southeast corner of Lot 2 of said Eastside Addition; thence South 89°21151" West along the south lot line of said Lot 2 for a distance of 668.94 feet to the Southeast corner of Lot 7 of said Eastside Addition said point being on the Westerly right-of-way line of Adkins Street; thence N. 0°02'01" East along said Westerly right-of-way line and the East lot line of said Lot 7 for a distance of 125.00 feet; thence South 89*21151" West for a distance of 180.00 feet; thence South 0*02101" West for a distance of 125.00 feet to a point on the South lot line of said Lot 7; thence South 89°21151" West along said South lot line for a distance of 448.94 feet to the Southwest corner of said Lot 7; thence North 0°04'01" East along the Westerly boundary line of said Eastside Addition for a distance of 655.47 ANNEXATION ORDINANCE - DANBURY FAIR 5, 6 & 7 Page 2 feet to the REAL POINT OF BEGINNING containing 18.93 acres more or less. Including a strip of N. Locust Grove Road Right -of -Way being 25 feet in width adjacent and parallel with the easterly boundary of the above described tract of land. The easterly side of said strip also being the East boundary line of said Section 7, and centerline of N. Locust Grove Road. is hereby annexed to the City of Meridian, and shall be 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 and other matters. 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. Meet the requirements and conditions of the Findings of Fact and Conclusions of Law, and meet the Ordinances of the City of Meridian. ANNEXATION ORDINANCE - DANBURY FAIR 5, 6 & 7 Page 3 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 day of January, 1995. APPROVED: R -- GRANT Pt K O D ATTE T: WILLIAM G. BERG, R. -- CITY CLERK ANNEXATION ORDINANCE - DANBURY FAIR 5, 6 & 7 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 Ordinance entitled "AN ORDINANCE OF THE CITY OF MERIDIAN ANNEXING AND ZONING CERTAIN REAL PROPERTY WHICH IS DESCRIBED AS A PARCEL OF LAND LYING IN THE SW 1/4 OF THE NE 1/4 OF SECTION 7, T.3N., R.1E., B.M., ADA COUNTY, IDAHO, AND PROVIDING AN EFFECTIVE DATE"; AND PROVIDING AN EFFECTIVE DATE," passed as Ordinance No. 689, by the City Council and Mayor of the City of Meridian, on the �� day of January, 1995, as the same appears in my office. DATED this =, day of January, 1995. «t ' 3 r a a S� r rs A, STATE OF IDAHO,) County of Ada, ) �WAI-L,Vze ty Clerk, City' a County, Idaho idian On this __L7Zti day of January, 1995, 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 °..;r:138111 i►41�. No Public for Idaho es' ing at Meridian, Idaho Commission Expires ANNEXATION ORDINANCE - DANBURY FAIR 5, 6 & 7 Page 5 - tK BLOCK $I w OIL i \ �' I zl \ I k , , Al N + 14 a3ats \ 5 J— n I , �} N OW 441-115 It I B_ OK DR ADDITION 11 a ' 3. t�INaPtG�t - 5.9�t'zt'3��W.4+}B.R4� o� f3RI; _ 4 o-� Rj , — W A 4 _ 8 s Tb N ---I _ 1J07 04��E CST-�B�---�-�— --------- - --------------------- ONWI 7-T 3 a i IVISWN '*Ap/ b s `; s }} vr. o�bl U) EASTSIDE s i SIGN NO. 11 u. M*34'o'1"E 4a W . 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