HomeMy WebLinkAbout724 Howell AZ579
ORDINANCE NO. 724
AN ORDINANCE OF THE CITY OF MERIDIAN ANNEXING AND ZONING CERTAIN
REAL PROPERTY WHICH IS DESCRIBED AS A TRACT OF LAND SITUATED IN THE
SOUTHWEST 1/4 OF SECTION 17, TOWNSHIP 3 NORTH, RANGE 1 EAST, 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 1T ORDAINED by the Mayor and City Council of the City
of Meridian, Ada County, Idaho:
Section 1. -That the real property described as:
A tract of land situated in the Southwest 1 f4 of Section 17, Township 3 North,
Range 1 East, Boise Meridian, Ada County, Idaho and being more particularly
described as follows:
Commencing at a brass cap monumenting the Southeast corner of said. Section 17;
thence along the southerly line of said Secton 17, said southerly line being the
centerline of Overland Road South 89°46'22'' West-a distance. of 2656.94 feet to
a found 5/8" `pin monumenting the South 114 corner of .said Section 17; thence
continuing along the southerly line of said Section 17; thence continuing along the
southerly fine of said Section 17 North 89°52'19" Wes# a distance of 100.60 feet
to a found steel pin, said pin being the POINT-OF BEGINNING.
thence North 00°24'58" East a distance of 500.60 feet to a found steel pin,
thence North 55° 16'02" West a distance of 100.08 feet to a found steel pin,
thence North 24°22'02" West a distance of 337.77 fet.to a found s#eel pin,
thence North 15° 12'02" West a distance of 179..69 feet to a point,
thence North 25°27'02" West a distance of 359.04 feet to a point on the northerly
right-of--way of Interstate 84; thence following .the said right-of-way. of Interstate 84
southwesterly 801.79 feet along the arc of a circular curve to the right said curve
having a central angle of 04°52'01" a radius of 9439.30 feet, a chord bearing of
South~84°26'34" West and a chord distance of 801.55 feet to a point on the
westerly line of the Southeast 1 /4 of the. Southwest 1 /4 of said Section 17,
thence leaving said northerly right-of-way and following said westerly line South
00°28'00" West a distance of 1282.56 feet to a found steel pin monumenting the
Southwest corner of said Southeast 1 /4 of the Southwest 1/4,
thence alogrtthe southerly-line of said Section 17 and said centerline of Overland
Road South 89°52'19" East a distance of 1227.61 feet to the POINT OF
BEGINNING.
is hereby arinexed to the City of Meridian, and shah 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.
ANNEXATION ORDINANCE -HOWELL PAGE 1
580
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 shalt 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 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, Land 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 with. the
Ordinances of the City of Meridian and in particular Secton 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.
Meet the requirements and conditions of the Findings of Fact and Conclu-
sions of Law; which are incorporated herein as if set forth in full, and in
particular each and every condition and/or requirement stated in paragraph
M of the conclusions of law stated therein, and meet the Ordinances of the
City of Meridian.
g. Meet the representations-that were made by the Applicant and those of his
representatives, which include but are not limited to the following:.
a. Those made by David Roylance in his letter dated December 13, 1995
b. Those made in the Supplemental Information for annexation,. zoning
and conditional use permit.
c. Those made at the public hearings and on plats, and other documents
submitted to the City.
d. Those made as to the hours of operation on page 2 of the supplmental
information document.
e. That there would be no underground storage tanks, no paint or body
shop, no bulk oil storage, and no fuel sales on site.
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 afters its
passage and approval as required by law.
ANNEXATION ORDINANCE -HOWELL PAGE 2
581
PASSED by the City Council and approved by the Mayor of the City of Meridian,
Ada County, Idaho this 20th day of February, 1996.
APPROVED:
A OR ROBERT D. CORRIE
ATTEST:
~~ ~
LLIAM G. BERG, JR., Ci CLERK s~~L
'y '9Q T 15'~ • ~ ~.`
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/~~~~ I I I I I I I i 11 N ~~`\
ORDINANCE NO. 724
AN ORDINANCE OF THE CITY OF MERIDIAN ANNEXING AND ZONING CERTAIN
REAL PROPERTY WHICH IS DESCRIBED AS A TRACT OF LAND SITUATED IN THE
SOUTHWEST 1/4 OF SECTION 17, TOWNSHIP 3 NORTH, RANGE 1 EAST, 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:
A tract of land situated in the Southwest 1/4 of Section
17, Township 3 North, Range 1 East, Boise Meridian, Ada
County, Idaho and being more particularly described as
follows:
Commencing at a brass cap monumenting the Southeast
Corner of said Section 17; thence along the southerly
line of said Section 17, said southerly line being the
centerline of Overland Road South 89°46'22" West a
distance of 2656.94 feet to a found 5/8" pin monumenting
the South 1/4 corner of said Section 17; thence
continuing along the southerly line of said Section 17
North 89*52119" West a distance of 100.60 feet to a found
steel pin, said pin being the POINT OF BEGINNING.
Thence North 00°24'58" East a distance of 500.60 feet to
a found steel pin,
Thence North 55°16'02" West a distance of 100.08 feet to
a found steel pin,
Thence North 24°22'02" West a distance of 337.77 feet to
a found steel pin,
Thence North 15°12'02" West a distance of 179.69 feet to
a point,
Thence North 25127'02" West a distance of 359.04 feet to
a point on the Northerly right-of-way of Interstate 84,
ANNEXATION ORDINANCE - HOWELL Page 1
Thence following the said right-of-way of Interstate 84
Southwesterly 801.79 feet along the arc of a circular
curve to the right said curve having a central angle of
04*52,01", a radius of 9439.30 feet, a chord bearing of
South 84°26'34" West, and a chord distance of 801.55 feet
to a point on the westerly line of the Southeast 1/4 of
the Southwest 1/4 of said Section 17,
Thence leaving said northerly right-of-way and following
said westerly line South 00*28,00" West a distance of
1282.56 feet to a found steel pin monumenting the
Southwest Corner of said Southeast 1/4 of the Southwest
1/4,
Thence along the southerly line of said Section 17 and
said centerline of Overland Road South 89°52119" East a
distance of 1227.61 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 at Applicant's cost 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.
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 the
requirements of 11-9-605 C, G 1., H, K, L, and M and 11-
9-606 pertaining to bicycle pathways, storm drainage,
sidewalks and pedestrian walkways, greenbelt, and
pressurized irrigation, 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
ANNEXATION ORDINANCE - HOWELL
Page 2
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, which are incorporated
herein as if set forth in full, and in particular each
and every condition and/or requirement stated in
paragraph M. of the conclusions of Law stated therein,
and meet the Ordinances of the City of Meridian.
g. Meet the representations that were made by the Applicant
and those of his representatives, which include but are
not limited to the following:
a. Those made by David H. Roylance in his letter dated
December 13, 1995.
b. Those made in the Supplemental Information for
Annexation, Zoning and Conditional Use Permit.
C. Those made at the public hearings and on plats, and
other documents, submitted to the City.
d. Those made as to the hours of operation on page 2
of the Supplemental Information document.
e. That there would be no underground storage tanks,
no paint or body shop, no bulk oil storage, and no
fuel sales on site.
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.
ANNEXATION ORDINANCE - HOWELL Page 3
PASSED by the City Council and approved by the Mayor of the
City of Meridian, Ada County, Idaho, this i'� ..day of February,
1996.
APPROVED:
Y R -- ROBERT D. CORRIE
ATTEST:
WILLIAM G. BERG, JR. CITY CLERK
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 TRACT OF LAND SITUATED IN THE
SOUTHWEST 1/4 OF SECTION 17, TOWNSHIP 3 NORTH, RANGE 1 EAST, BOISE
MERIDIAN, ADA COUNTY, IDAHO; AND PROVIDING AN EFFECTIVE DATE.";
passed as Ordinance No. 724 , by the City Council and Mayor of the
City of Meridian, on the 200- day of February, 1996, as the same
appears in my office.
DATED this 2�0 it
6- day of February, 1996.
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4Cityerk, City of Meridian
Ada County, Idaho
ANNEXATION ORDINANCE - HOWELL
Page 4
STATE OF IDAHO,)
ss.
County of Ada, )
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 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
^A I
otgry Public for Idaho
Residing at Meridian, Idah
Z My Commission Expires
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ANNEXATION ORDINANCE - HOWELL Page 5
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