The URL can be used to link to this page

Home My WebLink About749 Cherry Plaza AZORDINANCE NO. 7A. AN ORDINANCE OF THE CITY OF MERIDIAN ANNEXING AND ZONING CERTAIN REAL PROPERTY WHICH IS DESCRIBED AS THE SOUTHWEST 1/4 OF SECTION TOWNSHIP 3 NORTH COUNTY IDAHO• ' RANGE 1 EAST, BOISE MERIDIAN N 6, . AND PROVIDING AN EFFECTIVE DATE. ' MERIDIAN, ADA WHEREAS, the City Council and the Mayor of the City of Meridian, Idaho, have concluded that it is in the best interest said Cityof 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 located .in the Southwest 1/4 of Section 6, Township 3 North, Rance 1 East Idaho, and more Boise Meridian, Ada County, follows: particularly described as Commencing at the Southwest which corner of said Section 6 is marked by a brass ca running 0°16'20" West 623.04 feet (formerlyhence North 0001'3011North West 623.00 feet) along the westerly boundary of said Section 6 to a point; thence North 88001'10" East 277.61 feet (formerly North 88016100".East 276.68 feet) along a line parallel with and 622.76 feet northerly right angles) from the southerly boundary of said Sectdioat n 6 to the POINT OF BEGINNING which is marked by a set 5/g" diameter rebar, thence North 16014'01" East 66.42 feet (formerly North 16001'02" East 62.69 feet) passing through a found iron along the approximate centerline iron a1 n and of a d pin, thence itch t� found North 0043'44" East 49.09 feet v � ? , 68 (formerly N 0°39'02" 49.13 feet) along the a to Eastt_' �J centerline of a found iron pin, thence a ditch 44.39 feet ( formerly 44.33 feet left along the ) along a curve '' a to the` 1J approximate found iron centerline of said ditch to pin, said curve has a radius of 34.22 central angle of 74019'40" a feet, a `�9 Tf�V3O (formerly 74018'32" ORDINANCE d i'I 1 CHERRY PLAZA ASSOCIA7PES o7 dG PE ST OF long chord which bears North 36026'06" West 41.34 feet (formerly North 36°30'14" West 41.28 feet), thence North 37037,30" East 234.42 feet North 37°53'00" East 239.13 feet), to a point on therly southerly boundary of LaPlaya Manor Estates Subdivision as recorded in Ada County records, sand point falls in the Five Mile Drain ditch, thence South 53005'16" East (formerly South 52050'27" East) 791.25 feet along said southerly boundary of LaPlaya Manor Estates Subdivision. to a point which falls in said Five Mile Drain ditch, thence South 65031135" East 91.10 feet (formerly South 65016,46" East 91.22 feet) along said southerly boundary of LaPlaya Manor Estates Subdivision to a point which falls in said Five Mile Drain ditch, thence leaving said southerly boundary of LaPlaya Manor Estates Subdivision South 88010'24" West 208.32 feet rlSouth 88*16,00" West 209.00 feet) to a found o1/2" diameter rebar, thence South 88016'54" West 216.76 feet South 88°16100" West 218.00 feet) to a found (formerly f/2" diameter rebar, thence North 0014'50" West 209.11 feet (formerly North 001'30" West 210.61 feet) along a line parallel with and 1698.72 feet westerly (when measured at right angles) from the easterly boundary of said SW 1/4 of Section 6 5/8" rebar, thence , to a set South 880O1'10" West 427.80 feet 88016100" West 426.89 feet) along a lineormerly parallel Southparalleland 622.76 feet northerly (when measured at right angles) from the southerly boundary of said Section 6 to the POINT OF BEGINNING. is hereby annexed to the City of Meridian, and shall be zone COMMUNITY BUSINESS DISTRICT (C-C); that the annexation and d is subject to the conditions referenced in the Findings of zoning F Conclusions of Law as adopted b g act and y the Meridian Council on the request for annexation and zoning; that the Applicant shall a impact development fee or transfer fee adopted b p y any p y the City of ORDINANCE - CHERRY PLAZA ASSOCIATES Page 2 Meridian as a condition of annexation and if not paid the shall be de -annexed. land Section 2. That they property annexation if the owner shall not meet the shall be subject to de - the following requirements: a• That the Applicant will be required to connect to Meridian water and sewer. 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 the development shall be aesthetically maintained and meet all required setbacks. d. That, as a condition of annexation, the Applicant enter into a development agreement as authorized zed by 11a21 416 L and 11-2-417 D; that the development agreement shall address the following, among other items: 1• Inclusion into the development of the requirements Of 11-9-605 of the Revised and Compiled Ordinances Of the City of Meridian, including Pedestrian Walkways, G 1 Sections C� Lineal Open Space Corridors Planting Strips, R . and L, Pedestrian and Bike Path Ways, 2. Payment by the Applicant assignsq , or if required, any , heirs, executors representatives, of an °r Personal or transfer fee y impact, development, adopted by the City. 3. Addressing the subdivision access linkage screening, buffering, transitional land uses, y and recreation services. 4• An impact fee to help acquire a park sites to serve the area. future school or 5• An impact fee, oz- fees, park, Police, and fire services as deter -mined by the city 6. Appropriate bermin g and landscaping. 7• Submission and approval of any required plats. $• Harmonizing and integrating the site improvements With any existin g residential development. ORDINANCE - CHERRY PLAZA ASSOCIATES Page 3 9 The sewer and water requirements. 10. Traffic plans and access into and out development. of the 11. And any other items deemed necessary by the City Staff, including design review of all development' and conditional use processing the Meridian Comprehensive Plan. as required under e • That the development: of annexed land must meet and comply With the Ordinances of the Cit particular Section 11-9-616 y of Meridian and in wch development time schedules and req irementsertains to f. That these conditions shall run with the land and bin the Applicant, the titled owners, and their assigns. d g• That if these conditions of approval property shall be subject to de-anne ation.not met the h. 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 if the Applicant shall above conditions fail to meet the the property shall be subject to de-annexatio which conditions subsequent shall run with land and also n, be personal to the owner and Applicant. Section 4. That the City Clerk shall cause one (1) copy of the legal description, and map, which shall plainly and c designate the boundaries of said property, ro ert clearly y, to be filed with the Ada County Recorder, Ada County Assessor, and the State Tax Co within ten mmission (10) days following the effective date of this Ordinance. Section 5. EFFECTIVE DATE: There being an emergency, which emergency is hereby declared to exist, this Ordinance shal be in full force and effect from and after 1 y law as required b its passage and approval . ORDINANCE - CHERRY PLAZA ASSOCIATES Page 4 PASSED by the City Council and approved by the Mayor of the City of Meridian, Ada County, Idaho, this 1997. day of January, ATTEST WILLIAM G. BERG, JR. STATE OF IDAHO,) County of Ada, ; ss. APPROVED: �4R -- ROBERT D. CORRIE ``L`�1of- 11tlttiltJlf!!J�'' � J \ y E CC RK SE L I, WILLIAM G. BERG, JR., C'ity Clerk of the City of Meridian Ada County, Idaho, do hereby certify that the above and fo is a true, full and correct copy ofing re an Ordinance entitled °"AN ORDINANCE OF THE CITY OF MERIDIAN THESOUTHWEST ANNEXING ESTZ1�4NG CERTAIN REAL PROPERTY WHICH IS DESCRIBED TOWNSHIP 3 NORTH, RANGE 1 EAST OF SECTION 6, COUNTY IDAHO• BOISE MERIDIAN, MERIDIAN No. AND PROVIDING AN EFFECTIVE DATE, " passed as Ordinance on the by the City Council and Mayor of the City 2 L day of January, 1997, as the same ya p Meridian, office. appears in my DATED this �I 5r �uarY, 1997. SEAL ! fit �-,- y Clerk, City o r M Ada Count � ridian y, Idaho ORDINANCE - CHERRY -".1 C' ra'tt'�lT'ES Page 5 STATE OF IDAHO,) . ss. County of Ada, ) On this L 'day of January, 1997, 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. tp SEAL OF ORDINANCE - CHERRY PLAZA ASSOCIATES ublic for Idaho at Meridian, Idaho ssion Expires 08 0,? qq Page 6 UE9 " I 2, /0-i E. PFOnos SUBDIVISlu \ I 1 =i- INANCX: No.14�1 ^� G1EI�2Y p ZA A tAm s, A 0"43�44"E. I N.e6f i NE 49. 04' 9!� c I 277,Owlfs•a! !D W.4Z7.Qp' ' .n I portly N.16'14'of "C. 44,4t s�`d/' <?' I I I I e o i • l�l �,� 1 � sire. I E 49 a 63 -'~ ~ ~ ~ • ~ -~ ORDINANCE NO•~ 749:._::; . ~:.. ~~ ; ~ :~ ' .. . ~. ~ . AN ORDINANCE OF THE CITY OF MERIDIAN ANNEXING AND ZONING CERTAIN REAL PROPERTY"'V1lH1CH~ IS D.ESCR113:E'D A'S'THE ~SOIJTHWEST 1 /4 OFD SECTION 6, TOWNSHIP 3 NORTH, RANGE 1 EAST,.'1301SE MERIDIAN;~MERIDIAN,.ADA,CO.UNTY, IDAHO; AND PROVIDING AN EFFECTIVE DATE. WHEREAS;~the City Council~and the Mayor o-f~theCity~.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~iri~ Secton~1~:below: ~•~.' ~ .. ~ - NOW, THEREFORE,~13E- 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 located in the Southwest 1/4 of Section 6, Township 3 North Range 1 East; Boise Meridian; ~ Ada. County, Idaho,,. and amore. particularly , .... . ' described as follows: Commencing at the Southwest corner of said Section 6 which is marked by ' ~ ~ ~' a brass cap-thence running North:0° 1:6'20" West 623.04, feet. (formerly North ~. ~ .: ~.... 0°01'30" West 623.00 feet) along the westerly boundary of said Section 6 to a point; thence North 88°01'10" East 277.61 feet (formerly North 88°16'00" East 276.68 feet) along a line parallel with and 622.76 feet ' ~ noithe~ly (when measured°a"t right jangles) from the southerly, boundary of said Section 6 to the POINT OF BEGINNING which is marked by a set 5/8" ' diameter rebar, thence ~ ~ - ~ ~~~ +;~-'~ •: ~ ' "=~- - '-~ -:North ~16° 14'01'"'East 66:42~feet(formerly. North ~16~°01'02" East~62:69 feet),. passing through'a •found iron pin=and: along the approximatecenterline of a ditch to a found iron pin, thence North 0°43'44" East 49.09' feet' (formerly:N 0°.39'02" East 49.1.3 feet.). along the approximate centerline of a~ditch to~a found iron pin, ~thence.~, 44.39`feet ~(form-erfy~'°'44:33) feet -along~~a ::curve~~~~.to:~ the left along the approximate centerline of said ditch to a found iron pin;said=curve has a radius of 34.22 feet, a central angle of 74°19'40" (formerly 74°18'32") and ' alongchord-which bears North'36°26'06" West°41:34 feet(formerly North ~36°30'14" West 41.28 feet).; fherce "'"~~~ ~ -~ - ~ ~~ ~ - ~ - North 37°37'30" East 234.42 feet (formerly North 37°53'00''••East 239.13 feet), . to a point on the southerly boundary of LaPlaya Manor Estates Subdivisiori~as recorded-~in`Ada'Courity records, said' pointfalls in the Five "Mile `Drain 'ditch, thence ' • ~ ~ ~ - ~ ~ ~ ~• - - ~ ' South 53°05'16" ~~East (forrrierly South'52°50'27"'East) 7.91.25 feet along said southerly boundary of LaPlaya Manor Estates Subdivision~~to a point which falls in said Five Mile Drain ditch, thence . South 65°3'1'35":'East~91'.~10 ~feet~ (formerly South `65°16'4.6" East 91.22 feet) along said southerly boundary of LaPlaya Manor•~Estates~Subdivision to a point which falls in said Five Mile Drain ditch, thence leaving said southerly ' `-~ boundary~of LaPlaya~Manor"Estates Subdivision ~~ '-~ - ~~~~ ~~ ~~ ORDINANCE -CHERRY"PLAZA'ASSOCIATES`ANNEXATION/C-C.:`' ~ ~ =.~:PAGE1 6 South 88° 10'24" West 208.3;2 feet: (formerly South .88° 16'00" West 209..00 feet) to a found 1/2" diameter rebar, thence South~~88°16'54"°Utlest 2'1.6:76 feef (fo.rmerly South~88°16'00"West 21.$.00 - (feet) to afound 1~%2'' diameter rebar, fferice ~ ~ , ~ ~.., ... - .~ . North 0°14'50" West 209.11 feet (formerly North 0°1'30" West 210.61 feet) ' aldng~a line'~parallel~with-and'~1698:.72 feet westerly (when measured•at right. angles) from the easterly boundary of said SW 1 /4 of Section 6, to a set 5/8" .. rebar;thence - ... .... .: ~ s. - ~ ~ _ . South 88°01'10" West 427.80 feet (formerly South 88°.16'O.Q" West 426.89 .: ~ - feet) along a line parallel with and 622.76 feet northerly (when measured at ~~~rght~angles) from~the southerly boundary of said: Section 6:to'.the POINT OF~ BEGINNING. is hereby annexed to the City of Meridian, and shall be zoned COMMUNITY BUSINESS .. . ,. DISTRICT (C-C); that the annexation and zoning is subject to the conditions referenced in the Findings~of Facf~and Conclusions of Law as-adopted by: the Meridian. Council on the ~.. .~•. request of annexation and zoning; that the applicant shall pay any impact development fee or transfer fee adopted by~fhe~City of Meridian.as a~eondition.of annexation and if,not paid the land~shall be de=arinezed. ~- ~ ~ ~ ~' . ~ - °-• ~~~~ ~: 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 "resolee. 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~ Develo.'pment Ordinance and.the Meridian ~ ~, . Comprehensive Plan adopted January 4; 1.994.... ; .. ,. .. . c" ~ ~ ;'~ That the developmentshall be..aesthetically, maintained and meet all . required setbacks. ~ .. ~ .. .. ~ .. . d: ' "_ Thaf as~a'condition of annexation, ~the:Applicant shall.enter into.a, , development agreement as authorized: by;11-2-416 L: and 1'1-2-417 D that the' development agreement shall address the following, among .. othec~items' . , ~ ~ .. ~ . , .. ~ ... - ~ .~.1: ~~ : > Incl.union:into..the development of,the,requirements of. 11.-9-605 of the Revised and Compiled Ordinances:,of the. Cityof.Meridian, including Section C, Pedestrian Walkways, G 1, Plantirig Strips, .. ... ~ ~ -~,K, :Lineal :Open Space.Corridors, and~L; Pedestrian and.:Bike .. -Pathways - ~ ~ ~ .. ~ . . ~ . , . . - ~~ ,. 2. Payment by the Applicant, of if required, any assigns, heirs, . .~ . ;executors or personal representatives,-of.any impact,. •devel,o,pment or..transfer..fee~ adopted !by the C,ity.... ~ . 3. Addressing the:.subdivision access.linkage; screening, :buffering transitional land uses, traffic study acid recreation services. ORDINANCE - CHERRY• PLAZA ASSOCIATES ANNEXATION/C C ,..;: ~ . " ~ .. PAGE 2 65 4. An impact fee to help acquire a future school or park sites to serve the area. 5. An impact fee, or fees, for park, police, and fire services as determined by the city. 6. Appropriate berming and landscaping. 7. Submission and approval of any require plats. 8. Harmonizing and integrating the site improvements with any existing residential development. 9. The sewer and water requirements. 10. Traffic plans and access into and out of the development. 11. And. any other items deemed necessary by the City staff, including design review of all development and conditional use processing as required under the Meridian Comprehensive ~ Plan. e. 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. f. That these conditions shall run with the land and bind the Applicant, the titled owners, and their assigns. g. That if these conditions of approval are not met the property shall be subject to de-annexation. '; h. 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 if the Applicant shall fail to meet the above conditions the property i shall be subject to de-annexation, which conditions subsequent shall run with the land and also be personal to the owner and Applicant. Section 4. 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 with ten (10) days following the effective date of this Ordinance. Section 5. 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. i PASSED by the City Council and approved by the Mayor of the City of Meridian, ', Ada County, Idaho, this 21st day of January, 1997. APPR VED: h i~ I ~/ Y / ERT D: CORR~~.~NAYOR ATTEST: . ~, , ~., `,` A ~' ' ~l~I~i~ ~ ~ ~ i WILLIAM G. BERG, JR., CI CLERK ~ ~ _ RDINANCE -CHERRY PLAZA ASSOCIATES ANNEXI~T~~ ~s~ . ~~ ,~~ ,` PAGE