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HomeMy WebLinkAbout714 Jacksons Food Stores AZ533 ORDINANCE NO. 714 AN ORDINANCE OF ~ THE CITY OF MERIDIAN ANNEXING AND ZONING CERTAIN REAL PROPERTY WHICH IS DESCRIBED AS A PARCEL OF LAND SITUATED IN THE SOUTHEAST QUARTER OF THE NORTHEAST QUARTER OF SECTION 17, AND IN THE SOUTHWEST QUARTER OF THE NORTHWEST QUARTER OF SECTION 16, 'TOWNSHIP 3 NORTH, f2ANGE 1 EAST, BOISE` MERIDIAN, ADA COUNTY; IDAHO, BEING ALL OF LOT 11 OF THE AMENDED MAGIC VIEW SUBDIVISION, AS SHOWN ON THE OFFICIAL PLAT THEREOF ON FILE. IN THE OFFICE OF THE ADA COUNTY RECORDER, AND ADJOINING RIGHT-OF-WAY; 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 situate in the Southeast quarter of the Northeast quarter of Section 17, and in the Southwest quarter of he Northwest quarter of Section 16, Township 3 North, Range 1 East, poise Meridian, Ada County, Idaho, being aN of Lot 11 of the Amended Magic View file in the office of the Ada County Recorder, and adjoining right-of-ways being more particularly described as follows: Commencing at the East quarter corner of said Section 17; -thence N 00°22'58" W. 151.05 feet along the Easterly boundary of said Section 17 to the Real Point of Beginning: Thence continuing N 00°22'58" W 262:67 feet along the Easterly boundary of said Section 17 to the Southerly boundary extended of said Lot 11; Thence S 89°3T02" W:709:05 feet along the Southerly boundary extended and the Southerly boundary of said Lot 11 to the centerline of Allen Street; Thence N 00°22'58" W 336.35 feefialong the centerline of Allen Street to the centerline of Magic View Drive; Thence N 89°3702" E 749.05 #eet along the centerline of Magic View Drive to the Easterly boundary of said Section 17; Thence N 00°22'58" W 571:28 feet along. the Easterly boundary of said Section 17 to the Southerly boundary extended of Montvue Park Subdivision, 'as shown on the official plat thereof on file in the office of the Ada County Recorder; Thence S 89°2T31" E 69.59'feet to the intersection of the South line of said Montvue Park Subdivision and the Easterly right-of-way of Eagle Road; Thence. 342:87 feet -along the -Easterly right-of-way of Eagle Road along a curve deflecting to the right with a radius of 5,799:58 feet, a central angle of 03°23'14" . along chord of 342.82 feet and. a long chord bearing of S 01 °58'27"'W to a point of reverse curvature; ANNEXATION ORDINANCE - JACKSONS FOOD STORES PAGE 1 534 Thence 432.63 feet along the Easterly right-of-way of Eagle Road along a curve deflecting to the left with a radius of 5,659.58 feet, a central angle of 04°22'47", a long chord of .432.52 feet and a long chord bearing of S 01°28'41" W; Thence N 89° 1 T30" E, 5.00 feet along .the. Easterly right-of-way of .Eagle Road; Thence S 00°42'42" E 394.41 feet along the Easterly right-of-way of Eagle Road; Thence S 89°3702" W 48.69 feet to the Real Point of Begrnning. Comprising 6.865 acres, more or less. is hereby annexed to the City of Meridian, and shall be 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 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 shall not meet the following requirements: a. That the Applicant will be required to connectta 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 11-2-417 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 1.1-9-616, 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 requirements 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 requiredby law. ANNEXATfON ORDINANCE - JACKSONS FOOD STORES PAGE 2 535 PASSED by the City Council and. approved by the Mayor of the City of Meridian, Ada County, Idaho, this 19th day of September, 1995. .. APPROVED: G T P. KtNGSFO DMA O ATTEST: ~ \\~~,,,~,n--~n-,,,r~~ .~` pF MERj %,. .~~ G~' ~~ptPOeRq ~~ ti ~'-. ~ o w .. - ~ -i ~~ ~L`a~ WILLIAM G. BERG, JR., ITY CLERK 7 0~ ~.°j p .; ., -q ~ ~yQ~ ~. t1NT`l ~ O i i1 9 J. Lj: ORDINANCE NO. 714� AN ORDINANCE OF THE CITY OF MERIDIAN ANNEXING AND ZONING' CE;RTAINi_ REAL PROPERTY WHICH IS DESCRIBED AS A PARCEL OF LAND 'SITUATE TN 'THt SOUTHEAST QUARTER OF THE NORTHEAST QUARTER OF SECTION 17, AND IN THE SOUTHWEST QUARTER OF THE NORTHWEST QUARTER 'OF SECTION 16,-.;. TOWNSHIP 3 NORTH, RANGE 1 EAST, BOISE MERIDIAN, ADA COUNTY, IDAHO, v' BEING ALL OF LOT 11 OF THE AMENDED MAGIC VIEW SUBDIVISION, AS SHOWN ON THE OFFICIAL PLAT THEREOF ON FILE IN THE OFFICE OF THE ADA COUNTY RECORDER, AND ADJOINING RIGHT-OF-WAYS; 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 situate in the Southeast quarter of the Northeast quarter of Section 17, and in the Southwest quarter of the Northwest quarter of Section 16, Township 3 North, Range 1 East, Boise Meridian, Ada County, Idaho, being all of Lot 11 of the Amended Magic View Subdivision, as shown on the official plat thereof on file in the office of the Ada County Recorder, and adjoining right-of-ways being more particularly described as follows: Commencing at the East quarter corner of said Section 17; thence N 00°22'58" W, 151.05 feet along the Easterly boundary of said Section 17 to the Real Point of Beginning: Thence continuing N 000221581, W, 262.67 feet along the Easterly boundary of said Section 17 to the Southerly boundary extended of said Lot 11; Thence S 89*37,021, W, 709.05 feet along the Southerly boundary extended and the Southerly boundary of said Lot 11 to the centerline of Allen Street; Thence N 00°22158" W, 336.35 feet along the centerline of Allen Street to the centerline of Magic View Drive; ANNEXATION ORDINANCE - JACKSONS FOOD STORES Page 1 Thence N 89°37'02" E, 709.05 feet along the centerline of Magic View Drive to the Easterly boundary of said Section 17; Thence N 00°22'58" W, 571.28 feet along the Easterly boundary of said Section 17 to the Southerly boundary extended of Montvue Park Subdivision, as shown on the official plat thereof on file in the office of the Ada County Recorder; Thence S 89°27131" E, 69.59 feet to the intersection of the South line of said Montvue Park Subdivision and the Easterly right-of-way of Eagle Road; Thence 342.87 feet along the Easterly right-of-way of Eagle Road along a curve deflecting to the right with a radius of 5,799.58 feet, a central angle of 03*23,1411, a long chord of 342.82 feet and a long chord bearing of S O1°58'27" W to a point of reverse curvature; Thence 432.63 feet along the Easterly right-of-way of Eagle Road along a curve deflecting to the left with a radius of 5,659.58 feet, a central angle of 04*22147", a long chord of 432.52 feet and a long chord bearing of S O1°28'41" W; Thence N 89*17130" E, 5.00 feet along the Easterly right- of-way of Eagle Road; thence S 00*42142" E, 394.41 feet along the Easterly right-of-way of Eagle Road; Thence S 89*37,02" W, 48.69 feet to the Real Point of Beginning. Comprising 6.865 acres, more or less. is hereby annexed to the City of Meridian, and shall be 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 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 shall not meet the following requirements: ANNEXATION ORDINANCE - JACKSONS FOOD STORES Page 2 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 1., H, K, L and M 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 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, 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 September, 1995. APPROVED: ANNEXATION ORDINANCE - JACKSONS FOOD STORES Page 3 MAYOR -- GRANT P. KINGSFORD ATTEST: WILLIAM G. BERG, JR. CYTY CLERK STATE OF IDAHO,) . ss. County of Ada, ) \\,N%% OF SEAL _ ': "F0 �v r 1 ram-( • �,. 'JJJJlillli t1111\�\\\ 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 SITUATE IN THE SOUTHEAST QUARTER OF THE NORTHEAST QUARTER OF SECTION 17, AND IN THE SOUTHWEST QUARTER OF THE NORTHWEST QUARTER OF SECTION 16, TOWNSHIP 3 NORTH, RANGE 1 EAST, BOISE MERIDIAN, ADA COUNTY, IDAHO, BEING ALL OF LOT 11 OF THE AMENDED MAGIC VIEW SUBDIVISION, AS SHOWN ON THE OFFICIAL PLAT THEREOF ON FILE IN THE OFFICE OF THE ADA COUNTY RECORDER, AND ADJOINING RIGHT-OF-WAYS; AND PROVIDING AN EFFECTIVE DATE."; passed as Ordinance No. 714 , b' the City Council and Mayor of the City of Meridian, on the > f� day of September, 1995, as the same appears in my office. DATED this /Vly day of September, 1995. `\\\\\SOFF tl\Ytllllttlpili SEAL - '% F tiCP O City Clerk, City of Meridian Ada County, Idaho ANNEXATION ORDINANCE - JACKSONS FOOD STORES Page 4 STATE OF IDAHO.) . ss. County of Ada, ) On this day of rrQ{r , 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 7� of 0111111111110 tom_ to y Public for Idaho bRs$ding at Meridian, Idaho Commission Expires D 2 ANNEXATION ORDINANCE - JACKSONS FOOD STORES Page 5