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HomeMy WebLinkAbout777 Turnberry Subdivision AZ4 ORDINANCE NO. r -77 AN ORDINANCE OF THE CITY OF MERIDIAN ANNEXING AND ZONING CERTAIN REAL PROPERTY WHICH IS DESCRIBED AS A PARCEL OF LAND LYING IN THE NORTHEAST 1/4 OF THE SOUTHEAST 1/4 OF SECTION 4, 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 in the Northeast 1/4 of the Southeast 1/4 of Section 4, T. 3N., R. 1W., B.M., Ada County, Idaho and more particularly described as follows: Commencing at the East 1/4 corner of Section 4, T. 3N., R. 1W., B.M. the REAL POINT OF BEGINNING; Thence S 00038,011, W 1,175.76 feet along the line common to Sections 3 and 4 to a point; Thence N 89*191231, W 1,323.40 feet to a point on the west line of the NE 1/4 of the SE 1/4; Thence N 00*411481, E 1,174.79 feet to the northwest corner of said NE 1/4 of the SE 1/4; Thence S 89021/55/, E 1,322.11 feet to the REAL POINT OF BEGINNING of this description; Said parcel of land containing 35.69 acres, more or less, 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 development for a single family residential subdivisiono-'k1eknow/� as Turnberry Subdivision; that the annexation and zoning 1 su je sect ANNEXATION ORDINANCE - TURNBERRY SUBDIVISION\ BENCHMARK LAND CO. - PAGE 1 i6c ;o 97 0#, l , _ n Prii r�5 i-EE ;r 7 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 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 in regard to landscaping, the Applicant must meet or exceed the promised level of landscaping, including the buffering, open areas, type of and density of landscaping, and walks depicted on the site plan as demonstrated at the August 12, 1997 public hearing on the annexation application. f. That approval of this application continues to be contingent upon the City of Meridian's ability to accept the additional sanitary sewage generated by the proose development. Applicant will be responsible to construct the sewer mains to and through the proposed development. ANNEXATION ORDINANCE - TURNBERRY SUBDIVISION\ BENCHMARK LAND CO. - PAGE 2 The subdivision designer must coordinate main sizing and routing with the Public Works Department. Sewer manholes must also be provided to keep the sewer lines on the south and west sides of centerline. g. That the Applicant must, as agreed, build crossings at the west ends of Tournament and Classic Drives, as well as the south end of O'Conner Way, when the property to the west is developed. Also, the Applicant must, as agreed, continue fencing across the stub streets, and stub sewer and water to the subdivision boundary at these locations. h. That these conditions shall run with the land and bind the Applicant, the titled owners, and their assigns. i. 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 - TURNBERRY SUBDIVISION\ BENCHMARK LAND CO. - PAGE 3 PASSED by the City Council and approved by the Mayor of the City of Meridian, Ada County, Idaho, this - day of October, 1997. APPROVED: ROBROBERT D. • ATTEST: � C* s Y SEAL C TY CLERK -- WILLI G . BERG, JR .�-xQT 18T • ��� P� 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 A PARCEL OF LAND LYING IN THE NORTHEAST 1/4 OF THE SOUTHEAST 1/4 OF SECTION 4 RANGE 1 WEST, BOISE MERIDIAN, ADA COUNTY, IDAHO.TOWNSHIP 3 NORTH, EFFECTIVE DATE"; passed as Ordinance No. - -�' AND PROVIDING AN Council and Mayor of the City of Meridian, on the �� St the City October, 1997, as the same a day of DATED t ANNEXATION BENCHMARK I ppears in my office. �/fir vi Of October, 1997. A ((1 CityClerk, Iaty o M idian Ada County, aho NBERRY SUBDIVISION\ E 4 STATE OF IDAHO,) so. County of Ada, ) On this o?//� day of October, 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. SEAL ���©T !1�' • Y AU \Cp v � gr�cif®®" N a Public for daho es' ing at Meridian, Idaho y ommission expires: ANNEXATION ORDINANCE - TURNBERRY SUBDIVISION\ BENCHMARK LAND CO. - PAGE 5 --- -- -- -------------------------------- -'�I a Oa: ---- 1,174. 'H 117 ORDINANCE NO. 777 AN ORDINANCE OF THE CITY OF MERIDIAN ANNEXING AND ZONING CERTAIN REAL PROPERTY WHICH IS DESCRIBED AS A PARCEL OF LAND LYING IN THE NORTHEAST 1/4 OF THE SOUTHEAST 1/4 OF SECTION 4, 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 in the Northeast 1 /4 of the Southeast 1 /4 of Section 4, T.3N, R.1 W, B.M. Ada County, Idaho and more particularly described as follows: Commencing at the East 1/4 corner of Section 4, T.3N, R.1W, B.M. the REAL POINT OF BEGINNING; Thence S 00°38'01" W 1,175.76 feet alo~g the line common to Sections 3 and 4 to a point; Thence N 89° 19'23" W. 1,323.40 feet to a point on the west line of the NE 1 /4 of the SE 1 /4; Thence N 00°41'48" E 1,174.79 feet to the northwest corner of said NE 1 /4 of the SE 1/4; Thence S 89°21'55" E 1,322.11 feet to the REAL POINT OF BEGINNING of this description; Said parcel of land containing 35.69 acre, more or less. 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 development for a single family residential subdivision to be known as Turnberry Subdivision; that the anpexation 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 wat~nnrays 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 ANNEXATION ORDINANCE - TURNBERRY SUBDIVISION PAGE 4 11~ 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 hall address inclusion into the project of the requirements of 11-9-605 of tf~e 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 Levelopment 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 in regard to landscaping, thq Applicant must meet or exceed the. promised level of landscaping, including the buffering, open areas, type of and density of landscaping, and walks depicted on the site plan as demonstrated at the August 12,1 997 public hearing on the annexation application. That the approval of this application continues to be contingent upon the City of Meridian's ability to accept the additional sanitary sewage generated by the proposed development. Applicant will be responsible to construct the sewer mains to and through the proposed development. The subdivision designer must coordinate main sizing and routing with the Public Works Department. Sewer manholes must also be provided to keep the sewer lines on the south and west sides of centerline. g. That the Applicant, as agreed, build crossings at the west ends of Tournament and Classic Drives, a~ well as the south end of O'Conner Way when the property to the west is developed. Also, the Applicant must, as agreed, continue fencing across the stub streets, and stub sewer and water to the subdivision boundary at these locations. h. That these conditions shall run with the land and bind the Applicant, the titled owners, and their assigns. 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 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 21st day of October, 1997. WILLIAM G. BERG, JR., CI'T`Y ANNEXATION ORDINANCE - 7a~ ~'~r ~s~ , . ~ h, ~~ ~ , ~~'i '!!!!!!/!dd 6itlitA