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HomeMy WebLinkAbout721 Butte Fence / Elliott AZ575 ORDINANCE NO. 21 AN ORDINANCE OF THE CITY OF MERIDIAN ANNEXING AND ZONING CERTAIN REAL PROPERTY WHICH IS DESCRIBED AS A PARCEL OF LAND BEING A PART OF LOT 6, PLEASANT VALLEY SUBDIVISION, ACCORDING TO THE OFFICIAL PLAT THEREOF, FILED IN BOOK 12 OF PLATS AT PAGE 665, RECORDS OF:ADA COUNTY, IDAHO AND LYING THE NW 1/4, SECTION 8, T.3N, R.1 E, B.M., ADA COUNTY, IDAHO AND-PROVLDING 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 Mayon and City Council of the City of Meridian, Ada County, Idaho: Section 1. That -the real property described as:. A parcel of land being a part of Lot 6, Pleasant Valley Subdivision, according to the official plat hereof; filed in Book 12 of plats at page 665, records of Ada County, Idaho, and lying in the NW 1/4, Section 8, T.3N, R.:1 E, B~M: Ada County, Idaho and being. more particularly described- as follows:. Commencing at a found 5/8" iron pin marking the North Quarter.corner of said Section 8, T.3N, R.1 E, B.M:.Ada County, Idaho; thence along the north line of said Section 8, T.3N, R.1E, B.M., Ada County, Idaho, N. 89°59'16" W 1061.24 feet to a point, said point bears S. 89°59'16" E 1591.39 feet from a found Brass Cap marking the Section comer common to -said Sections. 5, 6, 7 and 8, T.3N, R:1 E B.M., Ada County, Idaho, said point also being the REAL POINT QF BEGINNING; Thence leaving said north line of Section 8, S. 0°30'24" W. 40.84 feet to a set 5/8" iron pin on the southerly right-of-way of U.S. Highway 30 (Fairview Avenue) and also marking the Northeast comer of that certain parcel described under instrument no. 9201051, records of Ada County, Idaho; thence continuing S: 0°30'24" W: 435.71 feet to a found 5/8" iron pin marking the Southeast corner of that certain parcel under-said instrument no. 9201051; thence N. 89°41'38" W. 99.99 feet: (formerly 100.00. feet) to a found 5/8".iron pin on the west line of said Lot 6, Pleasant Valley Subdivision and marking the. southwest corner of that: certain parcel described under instrument: no: 9201051; thence N. 0°30'24" E 435.96 feet along the said west boundary of Lot 6, Pleasant Valley Subdivision to a found 5/8" .iron pin' on the said southerly right-of-way of U.S. Highway 30 (Fairview Avenue) and marking the Northwest corner of that certain parcel described under instrument no. 9201051; thence continuing N: 0°30'24" E 40.07 feet to a point on the said north line of Section 8, said point bears S 89°59'16" E. 1491.40 feet from said brass cap... marking the Section corner common to sections 5, 6, 7 and 8, T.3N, R.1 E, B.M. Ada County, Idaho; thence along said north line. of Section 8, S. 89°59'16" E. 99.99 feet to the point of beginning: ANNEXATION ORDINANCE -BUTTE FENCEIELLiOTT PAGE 1 576 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 th 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. Tha# the development of the property shall be subject to and controlled by the Subdivision and Development Ordinance -and the Meridian Compre- hensive Plan adopted January 4, 1994. c. That, as a condition of annexation, the Applicant shall be required o 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 satified. d. That the development of annexed land must meet and comply wi#h the Ordinances of the City of Meridian and in particular Sector 11-9-616, which pertains to development time schedules and requirements, 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 Conclu- sions 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 sha11 be in full force and effect #rom and afters its passage and approval as required bylaw. PASSED by the City Council and approved by the Mayor of the City of Meridian, Ada County, Idaho this 6th day of February, 1996. D: R RQP~~T~:~'FdRR1E o~O~r .~ ~ .~ Fo -, WILLIAM G. BERG, JR., LERK - ~~~jj, ANNEXATION ORDINANCE -BUTTE FENCE/ELLIC3TT ~ '~ #'AGE 2 ~, yo ~~r 1st ''~ ,~° ,~.: ,,,,,,~c~Y ~~,\`,,,. 196011026' RUL ORDINANCE NO. 721 I y AN ORDINANCE OF THE CITY OF MERIDIAN ANNEXING AND,.gING,C REAL PROPERTY WHICH IS DESCRIBED AS A PARCEL OF LANV hhtNd OPART 21 OF LOT 6, PLEASANT VALLEY SUBDIVISION, ACCORDING TO THE OFFICIAL PLAT THEREOF, FILED IN BOOK 12 OF PLATS AT PAGE 665,` RECORDS OF ADA COUNTY, IDAHO, AND LYING IN THE NW 1/4, SECTION 8, $: N., 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 being a part of Lot 6, Pleasant Valley Subdivision, according to the official plat thereof, filed in Book 12 of Plats at Page 665, records of Ada County, Idaho, and lying in the NW 1/4, Section 8, T.3 N., R.1E., B.M., Ada County, Idaho and being more particularly described as follows: Commencing at a found 5/8" iron pin marking the North Quarter Corner of said Section 8, T.3N., R.1E., B.M., Ada County, Idaho; thence along the north line of said Section 8, T.3N., R.1E., B.M., Ada County, Idaho, N. 89059'16" W. 1061.24 feet to a point, said point bears S. 89059'16" E. 1591.39 feet from a found Brass Cap marking the Section Corner common to said Sections 5-6-7 & 8, T.3N., R.lE., B.M., Ada County, Idaho, said point also being the REAL POINT OF BEGINNING; thence leaving said north line of Section 8, S. 00301241, W. 40.84 feet to a set 5/8" iron pin on the southerly right-of-way of U.S. Highway 30 (Fairview Avenue) and also marking the Northeast Corner of that certain parcel described under Instrument No. 9201051, records of Ada County, Idaho; thence continuing S. 0030,241, W. 435.71 feet to a found 5/8" iron pin marking the Southeast Corner of that certain parcel described under said Instrument No. 9201051; ANNEXATION ORDINANCE - BUTTE FENCE\ELLIOTT Page 1 thence N. 89*41138" W. 99.99 feet (formerly 100.00 feet) to a found 5/8" iron pin on the west line of said Lot 6, Pleasant Valley Subdivision and :marking the Southwest Corner of that certain parcel described under said Instrument No. 9201051; thence N. 0°30124" E. 435.96 feet along the said west boundary of Lot 6, Pleasant Valley Subdivision to a found 5/8" iron pin on the said southerly right-of-way of U.S. Highway 30 (Fairview Avenue) and marking the Northwest Corner of that certain parcel described under Instrument No. 9201051; thence continuing N. 0°30'24" E. 40.07 feet to a point on the said north line of Section 8, said point bears S. 89059'16" E. 1491.40 feet from said Brass Cap marking the Section Corner common to Sections 5-6-7 & 8, T.3N., R.lE., B.M., Ada County, Idaho; thence along said north line of Section 8, S. 89059116" E. 99.99 feet to the point of beginning. 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 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, ANNEXATION ORDINANCE - BUTTE FENCE\ELLIOTT Page 2 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. 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 f day of February, 1996. APPROVED: ATTEST: WILLIAM G. BERG, -- CITY CLERK R -- ROBERT D. CORRIE e\ttttttst3>>ftr;rar BE' A a ,F,d�<`G�T ANNEXATION ORDINANCE - BUTTE FENCE\ELLIOTT Page 3 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 BEING A PART OF LOT 6, PLEASANT VALLEY SUBDIVISION, ACCORDING TO THE OFFICIAL PLAT THEREOF, FILED IN BOOK 12 OF PLATS AT PAGE 665, RECORDS OF ADA COUNTY, IDAHO, AND LYING IN THE NW 1/4, SECTION 8, T.3 N., R.1 E., B.M., ADA COUNTY, IDAHO AND PROVIDING AN EFFECTIVE DATE."; passed as Ordinance No. 721 , by the City Council and Mayor of the City of Meridian, on the t day of February, 1996, as the same appears in my office. DATED, thd-!€r!! _ Vr- SEAL TY STATE OF IDAHO,) ss. County of Ada, ) day of February, 1996. City Clerk, City of erdian Ada County, Idaho On this day of February, 1996,.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 forec�oing 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. a�FE� �s i % SEAL Nota —� on 4C•8 s�J �• s c `eG Res-i- My C � a moo o ,� F VD +0081a11690 ublid f r daho at Mer ian, Idaho ssion Expires Z500 ANNEXATION ORDINANCE - BUTTE FENCE\ELLIOTT Page 4