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HomeMy WebLinkAbout766 Tremont Place Subdivision AZORDINANCE NO. 766 AN ORDINANCE OF THE CITY OF MERIDIAN ANNEXING AND ZONING CERTAIN REAL PROPERTY WHICH IS DESCRIBED AS SOUTH OF PINE STREET AND WEST OF 8TH STREET, 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: PARCEL 1• A part of Lot 2 of WESTLAWN SUBDIVISION, according to the official plat thereof, filed in Book 2 of Plats at Page 94, Official Records of Ada County, Idaho, more particularly described as follows: Commencing at the Northeast corner of Lot 1 of said WESTLAWN SUBDIVISION; thence *7 n ^ r �' �I 1 West 126 feet along the South line of West Pine Avenue; thence South 125 feet; thence j. West 398.40 feet to the REAL POINT OF BEGINNING _; thence �I continuing West 130.0 feet; thence `- V4 South 335. 07 feet; thence East 130.00 feet; 9i1f61Wb;'-{ Pn 1 5,' /p00 North 335.07 feet to the REAL POINT OF BEGINNING'. PARCEL II• A part of the East half of Lot 2 of WESTLAWN SUBDIVISION, according to the official plat thereof, filed in Book 2 of Plats at Page 94, Official Records of Ada County, Idaho, more particularly described as follows: Commencing at the Northeast corner of Lot 1 of WESTLAWN SUBDIVISION; thence ANNEXATION ORDINANCE - LARRY HANSEN PAGE 1 West along the South side of West Pine Avenue and the North line of said Lots 1 and 2, a distance of 524.4 feet; thence South 125 feet; thence West 40 feet; thence North 125 feet; thence East 40 feet to the REAL POINT OF BEGINNING. is hereby annexed to the City of Meridian, and is zoned R-4 Residential; that the reason for the R-4 zoning is to allow the northern one -quarter acre of the property to continue to be used as a residence of the Applicants, and the southern three-quarters acre of the property to be developed for multi -family dwellings such as duplexes and four-plexes; 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; 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 shall be subject to and controlled by the Subdivision and Development Ordinance and the Meridian Comprehensive Plan adopted January 4, 1994. C. That, as a condition of annexation and rezoning, 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 development 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 ANNEXATION ORDINANCE - LARRY HANSEN PAGE 2 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. g. That the Applicant is required to enter into a development agreement and perform development of the property as a townhouse project each with a two car garage for each unit for which Applicant must apply for, and obtain a conditional use permit. h. The development of the property must be performed as a planned unit development and meet all the requirements to obtain the planned unit development. 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 Meridian, Ada County, Idaho, this =' day of August, 1997. APPROVED: YOR -- ROBERT D. CORRIE ATTEST: ANNEXATION ORDINANCE - LARRY HANSEN PAGE 3 it% Itttftt^/d,/idt f 4 � CLERK -- WILLIAOU V. BERG, JR.=SEAL ANNEXATION ORDINANCE - LARRY HANSEN PAGE 4 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 Amended Ordinance entitled "AN ORDINANCE OF THE CITY OF MERIDIAN ANNEXING AND ZONING CERTAIN REAL PROPERTY WHICH IS DESCRIBED AS SOUTH OF PINE STREET AND WEST OF 8TH STREET, BOISE MERIDIAN, ADA COUNTY, IDAHO; AND PROVIDING AN EFFECTIVE DATE"; passed as Ordinance No. 766 , by the City Council and Mayor of the City of Meridian, on the S`= day of August, 1997, as the same appears in my office. DATED this — day of August, 1997. OF s r SEAL STATE OF IDAHO,) ss. County of Ada, ) City Clerk, City of MeAdkan Ada County, Idaho On this t` day of August, 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. � o�mes� • (00 SEAL' 0 3 L t (O i' :s -011"SlIfilw.\ No,t-,fublic for Idaho R6sidlng at Meridian, Idaho My commission expires: ANNEXATION ORDINANCE - LARRY HANSEN PAGE 5 �N W.I30' W.398.40! PEAL MVtAT of 1- , IW&< WNiK4. \ \ Oi2DIPi41+GE 11D. `'AWN SUB I.eterw vmwm�m�g���- f f 99 ORDINANCE NO. 766 AN ORDINANCE OF THE CITY OF MERIDIAN ANNEXING AND ZONING CERTAIN REAL PROPERTY WHICH IS DESCRIBED AS SOUTH OF PINE STREET AND WEST OF 8TH STREET, 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: PARCEL 1: Apart of Lot 2 of WESTLAWN SUBDIVISION, according to the official plat thereof, filed in Book 2 of Plats at Page 94, Official Records of Ada County, Idaho, more particularly described as follows: Commencing at the Northeast corner of Lot 1 of said WESTLAWN SUBDIVISION; thence West 126 feet along the South line of West Pine Avenue; thence South 125 feet; thence West 398.40 feet to the REAL POINT OF BEGINNING; thence continuing West 130.0 feet; thence South 335.07 feet; thence East 130.0 feet; thence North 335.07 feet to the REAL POINT OF BEGINNING. PARCEL II: Apart of the East half of Lot 2 of WESTLAWN SUBDIVISION, according to the ofFcial plat thereof, filed in Book 2 of Plats at Page 94, Official Records of Ada County, Idaho, more particularly described as follows: Commencing at the Northeast corner of Lot 1 of WESTLAWN SUBDIVISION; thence West along the South side of West Pine Avenue and the North line of said Lots 1 and 2; a distance of 524.4 feet; thence South 125 feet; thence West 40 feet, thence North 125 feet; thence East 40 feet to the REAL POINT OF BEGINNING. ANNEXATION ORDINANCE -LARRY HANSEf~ PAGE 9 100 is hereby annexed to the City of Meridian, and is zoned R-4 Residential; that the reason for the R-4 zoning is to allow the northern one-quarter acre of the property to continue to be used as a residence of the Applicants, and the southern three-quarters acre of the property to be developed for multi-family dwellings such as duplexes and four-plexes; 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; 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 shall 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 11-2-417D 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, 11-9-605M 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. g. That the Applicant is required to enter into a development agreement and perform development of the property as a townhouse project each with a two car garage for each unit for which Applicant must apply for, and obtain a conditional use permit. h. The development of the property must be performed as a planned unit development and meet all the requirements to obtain the planned unit development. Section 3. That the City Clerk shall cause one (1) copy of the legal description, and map, which sha{I 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. ANNEXATION ORDINANCE -LARRY HANS~N PAGE 2 101 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 5th day of August, 1997. APPROVED: RT D. CORRIE, MAYOR ATTEST: ``~1`,,~`~~~tttlnilttleti~~ ~i ~` ~~ ~ ~~ ~~ ~~~`~ ,~, ~ 'i ILLIAM G. BERG, JR., C LERK $-L = .. .P '~ .~ ~ ~, ~ !''''~~~~tt~tattt ttt11N~~~~````~ ANNEXATION ORDINANCE -LARRY HANS~N PAGE 3