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HomeMy WebLinkAbout755 Properties West AZORDINANCE NO 155 AN ORDINANCE OF THE CITY OF MERIDIAN ANNEXING AND ZONING CERTAIN REAL PROPERTY WHICH IS DESCRIBED AS A PORTION OF LAND WITHIN THE NE 1/4 OF SECTION 18, 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: o i , NOW, THEREFORE, BE IT ORDAINED by the Mayor and iC ty(Co*hc il of the City of Meridian, Ada County, Idaho: Section 1. That the real property described as: I A portion of land within the NE 1/4 of Section 11T. 3N., R. 1E., B.M., Ada County, Idaho, more particula ly."'' as follows: Commencing at a found brass cap at the section corner common to Sections 7, 8, 17 and 18 of T. 3N. , R. 1E. , B.M., at the center line intersection of Franklin Road and Locust Grove Road; thence Westerly along the center line of said Franklin Road and the section line common to Sections 17 and 18, South 89°46'18" West 480.70 feet, the REAL POINT OF BEGINNING; thence leaving said center line and said section line South 02°14'38" East 187.40 feet to a set 5/8" rebar with cap P.E./L.S. 3260; thence South 00°58'43" West 494.50 feet to a set 5/8" rebar with cap P.E./L.S. 3260; thence South 19°08'17" East 135.59 feet to a set 5/8" rebar with cap P.E./L.S. 3260; thence South 01°25'43" West 520.56 feet to a found iron pin on the North 1/16 line of said Section 18; ANNEXATION ORDINANCE - I-L MR. JON L. BARNES - PROPERTIES WEST, INC. Page 1 thence South 89*39140" West 888.27 feet along the said 1 / 16 line of said Section 18 to the NE 1 / 16 corner of said section, from which a found 5/8" rebar bears North 00*29,39" East 0.25 feet;; thence North 00*29139" East 1,332.11 feet along said East 1/16 line to a point on the Northerly boundary of said Section and the center line of said Franklin Road; thence North 89046'18" East 846.40 feet along said Northerly boundary and center line of Franklin Road to the REAL POINT OF BEGINNING is hereby annexed to the City of Meridian, and shall be zoned I-L Light Industrial; 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 owners of lots in the subdivision to which this land is to be subdivided into and which lot, or lots, abuts a lot, or land, as back to back neighbors and which abutting lot or land has frontage on South Locust Grove Road (hereafter referred to as Locust Grove Lots), the owner of the lot in the subdivision in which this land is subdivided into, must obtain a conditional use permit for any use that is desired to be placed on their lot; but the owners of other lots that do not abut Locust Grove Lots do not need to obtain a conditional use permit unless the Zoning Ordinance requires a conditional use permit for that type of use; also, pursuant to representation of the Applicant agreement the following uses shall not be allowed on the land annexed, to -wit: Asphalt and/or concrete operations, Automobile wrecking yards and/or storage, Fuel yards, Junk yards, Mobile home manufacturing, railroad yards and/or shops, recycling shops, or Solid waste transfer stations. ANNEXATION ORDINANCE - I-L MR. JON L. BARNES - PROPERTIES WEST, INC. Page 2 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 the development: shall be aesthetically maintained with a 35-foot setback for landscaping along Franklin and any portion of the land that fronts Locust Grove Road. d. That, as a condition of annexation, the Applicant shall enter into a development agreement as authorized by 11-2- 416 L and 11-2-417 D; that the development agreement shall address the following, among other items: 1. Inclusion into the subdivision of the requirements of 11-9-605 C, G., H 2, K, L, and M, of the Revised and Compiled Ordinances of the City of Meridian. 2. The Applicant and owners of the property, and if required, any assigns, heirs, executors or personal representatives,, pay, when required, any impact development fee or transfer fee adopted by the City. e. That the development of the 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 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 wiIi serve the land. ANNEXATION ORDINANCE - I-L MR. JON L. BARNES - PROPERTIES WEST, INC. 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 January 4, 1994, but the City may impose restrictions that are not contained in the current Zoning and Subdivision and Development Ordinances. 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 project of the requirements of 11-9-605 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, 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. That the Applicant shall 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. .ANNEXATION ORDINANCE - I-L MR. JON L. BARNES - PROPERTIES WEST, INC. Page 4 PASSED by the City Council and approved by the Mayor of the City of Meridian, Ada County, Idaho, this day of April, 1997. .APPROVED: j -- R -- ROBERT D. CORRIE ATTEST: e+++++iHI++17,rrrr,ri Orr/ C WrtlftAM G. BERG, JR. - ITY CI-EHAL �K STATE OF IDAHO, ) ��'��Q.,P �y�,T,,',� • '7' �.`�� County of Ada, ) /������,rriti►++t++'`�� 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 PORTION OF LAND WITHIN THE NE 1/4 OF SECTION 18, TOWNSHIP 3 NORTH,, RANGE 1 EAST, BOISE MERIDIAN, ADA COUNTY, IDAHO* AND PROVIDING AN EFFECTIVE DATE;" passed as Ordinance No. �, Py the City Council and Mayor of the City of Meridian, on the day of April, 1997, as the same appears in my office. t4- DATED this `7 day of .April, 1997. >>kx+Nt1111 It off, or - City Clerk, City or M ridian Ada County, Idaho ISEAL rru tt�s+ ANNEXATION ORDINANCE - I-L MR. JON L. BARNES - PROPERTIES WEST, INC. Page 5 STATE OF IDAHO,) . ss. County of Ada, ) On this da.y of April, 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. `��NHeereeheei ... Ems' ; > s Notary Public for Idaho C$Q'f f Residing at Meridian, Idah *V8 My C mmission Expires ".,�4P f ®F `�I� , ►�►►►► ANNEXATION ORDINANCE - I-L MR. JON L. BARNES - PROPERTIES WEST, INC. Page 6 77 ORDINANCE NO. 755 AN ORDINANCE OF THE CITY OF MERIDIAN ANNEXING AND ZONING CERTAIN REAL PROPERTY WHICH IS DESCRIBED AS A PORTION OF LAND WITHIN THE NE 1/4 OF SECTION 18, 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 portion of land within the NE 114 of Section 18, T.3N, R1 E, B.M., Ada County, Idaho, more particularly as follows: Commencing at a found brass cap at the section comer common to Sections 7, 8, 17 and 18 of T.3N, R.1 E, B.M. at the center line intersection of Franklin Road and Locust Grove Road; thence Westerly along the center line of said Franklin Road and the section line common to sections 17 and 18, South 89°46'18" West 480:70 feet, the REAL POINT OF BEGINNING; thence leaving said. center line and said section line South 02° 14'38" East 187.40 feet to a set 5/8" rebar with cap P.E./L. S. 3260; thence South 19°08'17" East .135.59 feet to a set 5/8" rebar with cap P.E./L. S. 3260; thence South 01°25'43" West 520.56 feet to a found iron pin on the North 1/6 line of said Section 18; thence South 89°39'40" West 888.27 feet along the said 1/16 line of said Section 18 to the NE 1/16 corner of said section from which a found 5/8" rebar bears North 00°29'39" East 0.25 feet; thence North 00°29'39" East 1,332.11 feet along said East 1/16 line to a point on the Northerly boundary of said Section and the center line of said Franklin Road; thence North 89°46'18" East 846.40 feet along said Northerly boundary and center tine of Franklin Road to the REAL POINT OF BEGINNING. is hereby annexed to the City of Meridian, and shall be zoned I-L Light Industrial; 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 owners of lots in the subdivision to which this land is to be subdivided into, which lot, or lots, abuts a fot or land, as back to back neighbors and which abutting lot or ANNEXATION ORDINANCE - t-UPROPERTIES WEST INC. PAGE 1 7$ land has frontage on South Locust Grove Road (hereafter referred to as Locust Grove Lots), the owner of the lot in the subdivision in which this land is subdivided into, must obtain a conditional use permit for any use that is desired to be placed on their lot; but the owners of other lots that do not abut Locust Grove Lots do not need to obtain a conditional use permit unless the Zoning ordinance requires a conditional use permit for that type of use; also, pursuant to representation of the Applicant agreement the following uses shall not be allowed on the land annexed, to-wit: Asphalt and/or concrete operation, Automobile wrecking yards and/or storage; Fuel yards, Junk yards, Mobile home manufacturing, railroad yards and/or shops, recycling shops, or Solid Waste transfer stations. 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 the development shall be aesthetically maintained with a 35-foot setback for landscaping along Franklin and any portion of the land that fronts Locust Grove Roads. d. That as a condition of annexation, the Applicant shall enter into a development agreement as authorized by 11-2-416 L and 11-2-417 D that the development agreement shall address the following, among other items: Inclusion into the subdivision of the requirements of 11-9-605 C, G, H 2, K, L, and M of the Revised and Compiled Ordinances of the City of Meridian. 2. The Applicant and owners of the property, and if required, any assigns, heirs, executors or personal representatives, pay when required, any impact development fee or transfer fee adopted by the City. 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. 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. ANNEXATION ORDINANCE I-UPROPERTIES WEST INC. PAGE 79 2 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 with 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 15th day of April, 1997. APPROVED: BERT D. CORRIE; MAYOR ATTEST: •~ - ` fry ~~ r ~ ~~ ~~ ~ ~ ~ i LLIAM G. BERG, JR., CI CL RK ~ s S~~L - .~.' ~~ '~ w ., r ~P ~.