HomeMy WebLinkAbout739 Ballantyne / Troutner AZ39
ORDINANCE NO. 739
AN ORDINANCE OF THE CITY OF MERIDIAN ANNEXING AND ZONING CERTAIN
REAL PROPERTY WHICH IS DESCRIBED AS A PARCEL OF LAND LYING WITHIN THE
NE 1/4 OF SECTION 13, TOWNSHIP 3 NORTH, RANGE 1 WEST, 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 parcel of land lying within the NE 1/4 of Section 13, Township 3 North, Range
1 West, Boise Meridian, Ada County, Idaho, more particularly described as follows:
PARCEL ONE:
Commencing at an aluminum cap monument marking the NE corner of said Section
13;
thence West along the North line of said Section and the centerline of Franklin
Road, a distance of 1,328.20 feet to a brass cap monument marking the East
1116th corner of said Section 13;
thence continuing West along said section line; a distance of 362.70 feet;
thence S 00°08'25" West, a distance of 613.70 feet to the Real Point of
Beginning;
thence N 72°09'35" West, a distance of 316.95 feet to the East boundary of
Franklin Square Subdivision as recorded in Book 44 of Plats at pages 5587 and
5588;
thence S 00°08'58" West, along said east boundary, a distance of 1363.46 feet;
thence S 85°41'00" East, a distance of 147.41 feet to an iron pin;
thence N 79°55'00" East, a distance of 211.34 feet;
thence N 00°08'58" East, a distance of 1005.86 feet;
thence N 29°38'58" East, a distance of 170.41 feet;
thence N 57°41'11" West, a distance of 161.79 feet to the REAL POINT OF
BEGINNING.
containing 10.81 acres of land, more or less.
AND PARCEL TWO:
Commencing at an aluminum cap monument marking the NE corner of said
Section 13;
ANNEXATION ORDINANCE - BALLANTYNE-TROUTNER L-0 ~ C-G PAGE 1
4Q
thence West along the North line of said Section and the centerline of Franklin
Road, a distance of 1,328.20 feet to a brass cap monument marking the East
1 /16th corner of said Section 13;
thence continuing West along said section line, a distance of 362.70 feet to the
REAL POINT OF BEGINNING.
thence S 00°08'25" West, a distance of 613.70 feet;
thence S 57°41'11" East, a distance of 161.79 feet;
thence S 29°38'58" West, a distance of 170.41 feet;
thence S 00°08'58" West, a distance of 1005.86 feet;
thence N 79°55'00" East, a distance of 312.03 feet;
thence N 00°13'31" East, a distance of 142.00 feet;
thence N 89°52'13" East, a distance of 790.35 feet to an iron pin;
thence N 00°23'12" East, a distance of 329.06 feet to an iron pin;
thence N 89°56'06" West, a distance of 128.95 feet to an iron pin;
thence N 00°13'31" East, a distance of 349.76
thence Wet, a distance of 123.99 feet;
thence N 00°13'48" East, a distance of 313.10 feet;
thence West, a distance of 238.73 feet to the REAL POINT OF BEGINNING.
containing 28.70 acres of land, more or less.
AND ALSO PARCEL THREE:
A parcel of land in the SE 1 /4 of the NE 1 /4 of Section 13, Township 3 North,
Range 1 West, Boise Meridian, Ada County, Idaho, more particularly described
as follows:
BEGINNING at the northeasterly corner of said SE 1/4 of the NE 1/4;
thence S 0°22'31" W along the easterly boundary of said SE 1/4 of the NE 1/4
a distance of 327.25 feet to a point;
thence leaving said easterly boundary S 89°52'13" W a distance of 533.53 feet
to a point;
thence N 0°23'12" E a distance of 329.06 feet to a point;
thence S 89°56'06" E a distance of 533.45 feet to the POINT OF BEGINNING.
This parcel contains 4.02 acres and is subject to any easements existing or in
use.
is hereby annexed and zoned the the City of Meridian that PARCEL ONE is zoned (L-O)
Limited Office; that PARCEL TWO is zoned (C-G) General Retail and Service Commercial;
ANNEXATION ORDINANCE - BALLANTYNE-TROUTNER L-O AND C-G PAGE 2
41
and PARCEL THREE is 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.
Section 2. That the property shall be subject to de-annexation if the owner shall not
meet the following requirements:
a. That the applicant for this annexation shall be required to connect to
Meridian water and sewer at its expense and resolve how the water and
sewer mains will serve this land.
b. That the development of the property shall be subject to and controlled by
the Subdivision and Development Ordinance and the Meridian Compre-
hensive Plan adopted April 4, 1994 or as amended.
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 address inclusion into the subdivision of
the requirements of 11-9-605 C, G 1 H 2, K, L and M of the Revised and
Compiled Ordinances of the City of Meridian and other matters, and
specifically the planting strips shall be 35 feet wide along Franklin and
Meridian Roads and not part of street right-of-way or utility easements.
d. That surface water shall be used for pressurized irrigation if possible.
e. that these conditions shall 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 Conclus-
ions of Law and meet the Ordinances of the City of Meridian, which
include that the property must be developed as a commercial or general
planned development or under the conditional use permit process.
g. That the Applicant is required to hook up to the sewer and water and
participate in the costs of extending the sewer and water services through
the payment of late-comer's fees.
h. That Applicant shall meet the development time requirements of the City and
meet all of the Ordinances of the City of Meridian.
i. That the property may be de-annexed if the terms and conditions of the
Development Agreement or this Ordinance are not satisfied.
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
ANNEXATION ORDINANCE - BALLANTYNE-TROUTNER L-0 AND C-G -PAGE 3
4~
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 3rd day of September, 1996.
APPROVED:
OBERT D. CORRIE, MAYOR
ATTEST:
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ILLIAM G. BERG, JR., LERK
SEAL
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ANNEXATION ORDINANCE - BALLANTYNE-TROUTNER L-O AND C-G PAGE 4
ORDINANCE NO. 739
AN ORDINANCE OF THE CITY OF MERIDIAN ANNEXING AND ZONING CERTAIN
REAL PROPERTY WHICH IS DESCRIBED AS A PARCEL OF LAND LYING WITHIN
THE NE 1/4 OF SECTION 13, TOWNSHIP 3 NORTH, RANGE 1 WEST, 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 parcel of land lying within the NE 1/4 of Section 13,
Township 3 North, Range 1 West, Boise Meridian, Ada
County; Idaho, more particularly described as follows:
PARCEL ONE: Q b 0 l U C} (1 (-1
Commencing at an aluminum cap monument marking the NE
corner of said Section 13;
thence West along the North line :said Section and the
centerline of Franklin Road, a distance of 1,328.20 feet
to a brass cap monument marking the East 1/16th corner of
said Section 13; n
thence continuing West along saict� section line- a `(
distance of 362.70 feet; '
thence S 00°08'25" West, a distance of 613.70 feet to the
REAL POINT OF BEGINNING;
thence N 72*09135" West, a distance of 316.95 feet to the
East boundary of Franklin Square Subdivision as recorded
in Book 44 of Plats at pages 5587 and 5588;
thence S 00*08158" West, along said east boundary, a
distance of 1363.46 feet;
thence S 85°41'00" East, a distance of 147.41 feet to an
iron pin;
thence N 79055'00" East, a distance of 211.34 feet;
ANNEXATION ORDINANCE
BALLANTYNE-TROUTNER L-O AND C-G
Page 1
thence N 00*08,58" East, a distance of 1005.86 feet;
thence N 29°38158" East, a distance of 170.41 feet;
thence N 57*41111" West, a distance of 161.79 feet to the
REAL POINT OF BEGINNING.
containing 10.81 acres of land, more or less.
AND
PARCEL TWO:
Commencing at an aluminum cap monument marking the NE
corner of said Section 13;
thence West along the North line of said Section and the
centerline of Franklin Road, a distance of 1,328.20 feet
to a brass cap monument marking the East 1 / 16th corner of
said Section 13;
thence continuing West along said section line, a
distance of 362.70 feet to the REAL POINT OF BEGINNING.
thence S 00°08125" West, a distance of 613.70 feet;
thence S 57°41'11" East, a distance of 161.79 feet;
thence S 29038,58" West, a distance of 170.41 feet;
thence S 00*08,58" West, a distance of 1005.86 feet;
thence N 79°55'00" East, a distance of 312.03 feet;
thence N 00013,31" East, a distance of 142.00 feet;
thence N 89052113" East, a distance of 790.35 feet to an
iron pin;
thence N 00023,12" East, a distance of 329.06 feet to an
iron pin;
thence N 89056106" West, a distance of 128.95 feet to an
iron pin;
thence N 00018,07" East, a distance of 663.29 feet;
thence N 89058,05" West, a distance of 663.21 feet;
thence N 00013,31" East, a distance of 349.76 feet;
thence West, a distance of 123.99 feet;
thence N 00013148" East, a distance of 313.10 feet;
ANNEXATION ORDINANCE
BALLANTYNE-TROUTNER L-O AND C-G
Page 2
thence West, a distance of 238.73 feet to the REAL POINT
OF BEGINNING.
containing 28.70 acres of land, more or less.
AND ALSO
PARCEL THREE:
A parcel located in the SE 1/4 of the NE 1/4 of Section
13, Township 3 North, Range 1 West, Boise Meridian, Ada
County, Idaho, more particularly described as follows:
BEGINNING at the northeasterly corner of said SE 1/4 of
the NE 1/4;
thence S 0°22'31" W along the easterly boundary of said
SE 1/4 of the NE 1/4 a distance of 327.25 feet to a
point;
thence leaving said easterly boundary S 89°52'13" W a
distance of 533.53 feet to a point;
thence N 0023' 12" E a distance of 329.06 feet to a point;
thence S 89056106" E a distance of 533.45 feet to the
POINT OF BEGINNING.
This parcel contains 4.02 acres and is subject to any
easements existing or in use.
is hereby annexed to the City of Meridian; that PARCEL ONE is zoned
(L-O) Limited Office; that PARCEL TWO is zoned (C-G) General Retail
and Service Commercial; and PARCEL THREE is 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.
Section 2. That the property shall be subject to de -
annexation if the owner shall not meet the following requirements:
a. That the Applicant for this annexation shall be required
to connect to Meridian water and sewer at its expense and
resolve how the water and sewer mains will serve the
land.
ANNEXATION ORDINANCE
BALLANTYNE-TROUTNER L-0 AND C-G
Page 3
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
April 4, 1984, or as amended.
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
2., K, L, and M ofthe Revised and Compiled Ordinances of
the City of Meridian and other matters, and specifically
that planting strips shall be 35 feet wide along
Frankilin and Meridian Roads and not part of street
right-of-way or utility easements.
d. That surface water shall be used for pressurized
irrigation if possible.
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, which include that the property
must be developed as a commercial or general planned
development or under the conditional use permit process.
g. That the Applicant is required to hook up to the sewer
and water and participate in the costs of extending the
sewer and water services through the payment of late-
comer's fees.
h. That Applicant shall meet the development time
requirements of the City and meet all of the Ordinances
of the City of Meridian.
i. That the property may be de -annexed if the terms and
conditions of the Development Agreement or this Ordinance
are not satisfied.
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.
ANNEXATION ORDINANCE
BALLANTYNE-TROUTNER L-O AND C-G
Page 4
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,
1996.
APPROVED:
j;
OR -- A6�z-
ROBiERT D. CORRIE
ATTEST:
```�1111111iiittld//JJ,/
WILLIAM G. BERG, JR. CI Y CLERK
SISAL -
STATE OF IDAHO,)
s s .
County of Ada,
JJJlllllift llillllt`�
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 WITHIN THE NE
1/4 OF SECTION 13, TOWNSHIP; 3 NORTH, RANGE 1 WEST, BOISE MERIDIAN,
ADA COUNTY, IDAHO; AND PROVIDING AN EFFECTIVE DATE."; passed as
Ordinance No. 739 , by the City Council and Mayor of the City
of Meridian, on the_
appears in my office. day of September, 1996, as the same
`` ,��1111141111�illll//,Jf ,'
DATED this day of September, 1996. •'Z ,''
City Clerk, City f 'lnierid',�n
Ada County, Idaho
ANNEXATION ORDINANCE
BALLANTYNE-TROUTNER L-O AND C-G JIII'l t tllllle
Page 5
STATE OF IDAHO,)
. ss.
County of Ada, )
On this day of September, 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 _ >�®jA�y S
•U 13
f OF
fry Public for Idaho
iding at Meridian, Idaho
Commission Expires
� r
ANNEXATION ORDINANCE
BALLANTYNE-TROUTNER L-0 AND C-G
Page 6