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HomeMy WebLinkAbout729 Smith's RZ7 ORDINANCE NO. 7~2 ._ AN ORDINANCE OF THE CITY OF MERIDIAN AMENDING AND CHANGING THE ZONING OF CERTAIN REAL PROPERTY IN THE CITY OF MERIDIAN WHICH IS DESCRIBED AS A PARCEL OF LAND LYING IN A PORTION OF THE SOUTHEAST QUARTER OF SECTION 2, T.3N, R.1W, 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 amend, change and rezone from Low Density Residential (R-4) and Limited-Office, (L-O) to Neighborhood Business District, (C- N) the real property 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 property described as: A parcel of land lying in a portion of the Southeast quarter of Section 2, T.3N, R.1 W B.M., Ada County, Idaho, and more particularly described as follows: Beginning at the section corner common to Sections 1, 12 and 11 and the said Section 2; thence North 89°33'46" West for a distance of 584.90 feet along the Southerly boundary of the said Southwest quarter of Section 2, which is also the centerline. of West Cherry Lane, to a point; thence North 00°26'14" East for a distance of 622.29 feet to a point on the centerline of Kastle Falls Avenue; thence South 89°33'46" East for a distance of 583.08 feet along said centerline extended to the centerline of North Linder Road; thence South 00° 16'08" West for a distance of 622.29 feet along the said centerline of North Linder Road to the Point of Beginning. be and the same is rezoned from Low Density Residential (R-4) and Limited Office (L-O) to Neighborhood Business District (C-N) and Section 11-2-425, Official Zoning Maps are hereby amended to reflect the same. Section 2. That the property shall be subject to rezone back to R-4 and L-O if the owner, Applicant or its assigns, heirs or successors, shalt not meet the rquirements contained in the Findings of Fact and Conclusions of Law, the ordinances of the City of Meridian, all representations made by Applicant or its agents, and of this Ordinance. This ordinance is in fact conditioned on the Applicant meeting, performing and comply with all of the representations made in the Application, all documents submited by Applicant as part of its application and all representations made by the Applicant or Applicant's agents. SMITH'S REZONE ORDINANCE PAGE 1 That all recommendations and requirements of the City must be met, including, but not limited to, enterting into a development agreement. 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 Meriian, Ada County, Idaho, this 16th day of April, 1996. APPROVED: AYOR ROBERT D. CORRIE ATTEST: WILLIAM G. BERG, JR., LERK $~~lL - ~ ,~~°~ @~ SMITH'S REZONE ORDINANCE PAGE 2 ORDINANCE NO. 729 AN ORDINANCE OF THE CITY OF MERIDIAN AMENDING AND CHANGING THE ZONING OF CERTAIN REAL PROPERTY IN THE CITY OF MERIDIAN WHICH IS DESCRIBED AS A PARCEL OF LAND LYING IN A PORTION OF THE SOUTHEAST QUARTER OF SECTION 2, T. 3N., R. 1W., 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 amend, change and rezone from Low Density Residential (R-4) and Limited Office, (L-O) to Neighborhood Business District, (C-N), the real property 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 property described as: A parcel of land lying in a portion of the Southeast quarter of Section 2, T. 3N., R. 1W., B.M., Ada County, Idaho, and more particularly described as follows: Beginning at the section corner common to Sections 1, 12 and 11, and the said Section 2; thence North 89*33,46" West for a distance of 584.90 feet along the Southerly boundary of the said Southeast quarter of Section 2, which is also the centerline of West Cherry Lane, to a point; thence North 00°26'14" East for a distance of 622.29 feet to a point on the centerline of Kastle Falls Avenue; thence South 89133146" East for a distance of 583.08 feet along said centerline extended to the centerline of North Linder Road; thence South 00°16'08" West for a distance of 622.29 feet along the said centerline of North Linder Road to the Point of Beginning. 0 ^' be, and the same is rezoned from Low Density Residential (R`'-4) an Limited Office, (L-O), to Neighborhood Business District, (C_-Nj t-�7 ORDINANCE Page 1 BO15E D 96 APR 25 ''1 2 3 �E RECCv GiEST G and Section 11-2-425, Official Zoning Maps are hereby amended to reflect the same. Section 2. That the property shall be subject to re -zone back to R-4 and L-O if the owner, Applicant or its assigns, heirs, or successors, shall not meet the requirements contained in the Findings of Fact and Conclusions of Law, the Ordinances of the City of Meridian, all representations made by Applicant or its agents, and of this Ordinance. This Ordinance is, in fact, conditioned on the Applicant meeting, performing and complying with all of the representations made in the Application, all documents submitted by Applicant as part of its Application, and all representations made by the Applicant or Applicant's agents. That all recommendations and requirements of the City must be met, including, but not limited to, entering into a development agreement. 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 ORDINANCE Page 2 City of Meridian, Ada County, Idaho, this lit day of ,Dy/f 1996. APPROVED: YOR -- ROBERT D. CORRIE ATTEST: Or �'�,�'!•, adej TY CLERK--- WIL G. BERG, JR. �/����rf;rttt tt;i;�'•'�� 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 AMENDING AND CHANGING THE ZONING OF CERTAIN REAL PROPERTY IN THE CITY OF MERIDIAN WHICH IS DESCRIBED AS A PARCEL OF LAND LYING IN A PORTION OF THE SOUTHEAST QUARTER OF SECTION 2, T. 3N., R. 1W., B.M., ADA COUNTY, IDAHO; AND PROVIDING AN EFFECTIVE DATE"; passed as Ordinance No. 729, by the City Council and Mayor of the City of Meridian, on the _ day of April, 1996, as the same appears in my office. DATED this f day of April, 1996. City Clerk, City o M ridian Ada County, Idaho `\`\,ttttitl111fllf,1fr a O ; ORDINANCE Page 3 '%�913 �T iGI STATE OF IDAHO,) ss. County of Ada, ) On this day of April, 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. • ,,��prrrrnq►►► E L . SEAL ORDINANCE Page 4 Ory Public for Idaho iding at Meridian, Idah commission expires: