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ORDINANCE NO. 782 %k
REOC;; ...:..: aU T OF
AN ORDINANCE OF THE CITY OF MERIDIAN ANNEXING AND ZONING CERTAIN
REAL PROPERTY WHICH IS DESCRIBED AS A PORTION OF LAND WITHIN THE
EAST -� OF THE NW '-,, AND IN THE WEST 3z OF THE NE k OF SECTION 7,
TOWNSHIP 3 NORTH, RANGE 1 EAST, BOISE-MERIDIAN, MERIDIAN, ADA
COUNTY, IDAHO, AS SHOWN ON THE RECORD OF SURVEY NO. 3832 FILED AS
INSTRUMENT NO. 97023999 IN RECORDS OF 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 East ;-� of the NW 1-4, and in
the West '-� of the NE k of Section 7, Township 3 North,
Range 1 East, B.,M., Meridian, Ada County, Idaho, as
shown on Record of Survey No. 3832 filed as Instrument
No. 97023999 in the records of Ada County, Idaho, more
particularly described as follows:
Commencing at a found brass cap at the center 1-4 corner
of said Section 7;
Thence North 000degrees 34146" East; 957.00 feet (58
rods) along the North/South midsection line to the TRUE
POINT OF BEGINNING;
Thence along a line parallel with the East/West
midsection line, North 89 degrees 33'49" East 301.05
feet to a point on the Westerly boundary of the Danbury
Fair Subdivision No. 4, said point is also 301.00 feet
Elvira Annexation and Zoning Ordinance
PAGE l
East of and at right angles with
midsection line;
the North/South
Thence North 00 degrees 34146" East, 877.66 feet along a
line parallel with said North/South midsection line and
also the West boundary of said Danbury Fair Subdivision
No. 4 to a point on the South line of the lands owned by
Elnora L. Johnson, as shown in the recorded warranty
deed, Instrument No. 733586;
Thence continuing North 00 degrees 34'46" East 182.24
feet (formerly North, 140.00 feet as shown in said deed
Instrument No. 733586) along the West line of the
Danbury Fair Subdivision No. 5 and along a line parallel
with and 301.00 feet Easterly of the midsection line of
said Section 7 to a point on the Northerly line of the
Southwest � of the Northwest 1-4 of the Northeast 1-4 of
said Section 7 and the Northwest corner of said Danbury
Fair Subdivision No. 5;
Thence North 89 degrees 42137" West 301.00 feet
(formerly West, 301.00 feet as shown in said deed
Instrument No. 733586) along said Northerly line of the
Southwest '--4 of the Northwest 14 of the Northeast 1-4 to the
Northwest corner of said Southwest 14 of the Northwest 3,
of the Northeast -1-4 of Section 7;
Thence South 00 degrees 3446" West 180.72 feet
(formerly South, 140.00 feet as shown in said deed
Instrument No. 733586) along said North/South midsection
line of said Section 7;
Thence continuing South 00 degrees 34146" West 36.90
feet along said North/South midsection line to the
Northernmost corner of Block 13 of the Vacated Plat of
the Second Cottage Home Addition to Meridian;
Thence South 38 degrees 30'33" West, 244.02 feet along
the Northwesterly line of said Block 13 to an angle
point in said Block 13, said angle point is 150.00 feet
West of and perpendicular to said North/South midsection
line;
Thence South 00 degrees 34'46" West 926.26 feet along
the West line of said Block 13, said line is 150.00 feet
West of and parallel with the said North/South
midsection line, to a point;
Thence South 89 degrees 25' 14" East 150.00 feet along a
line at right angles with said North/South midsection
Eivira Annexation and Zoning Ordinance
PAGE 2
�r
line to a point on said midsection line;
Thence North 00 degrees 34'46" East 272.64 feet along
said North/South midsection line to the TRUE POINT OF
BEGINNING;
Containing 10.85 acres, more or less.
SUBJECT TO:
All existing easements and road rights -of -way of record
or appearing on the above -described parcel of land.
is hereby annexed to the City of Meridian, and shall be zoned
Medium Density Residential (R-8); 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 the Applicant shall pay any
impact development fee or transfer fee adopted by the City of
Meridian as a condition of annexation and if not paid the land
shall be de -annexed.
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, 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.
Elvira Annexation and Zoning Ordinance
PAGE 3
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.
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.
e. That these conditions shall run with the land and bind
the Applicant, the titled owners, and their assigns.
f. That if these conditions of approval are not met the
property shall be subject to de -annexation.
g. That the requirements and conditions of the Findings of
Fact and Conclusions of Law, and the Ordinances of the
City of Meridian shall be met.
Section 3. That if the Applicant shall fail to meet the
above conditions the property shall be subject to de -annexation,
which conditions subsequent shall run with 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
within 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.
Elvira Annexation and Zoning Ordinance
PAGE 4
IV,
PASSED by the City Council and approved by the Mayor of the
City of Meridian, Ada County, Idaho, this 6 day of January,
1998.
ATTES
LLIAM G. BERG, JR - CITY CLERK
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 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 EAST '-!� OF THE NW 34, AND IN THE WEST '-� OF THE NE 'i OF SECTION 7, TOWNSHIP 3
NORTH, RANGE 1 EAST, BOISE-MERIDIAN, MERIDIAN, ADA COUNTY, IDAHO,
AS SHOWN ON THE RECORD OF SURVEY NO. 3832 FILED AS INSTRUMENT NO.
97023999 IN RECORDS OF ADA COUNTY, IDAHO; AND PROVIDING AN
EFFECTIVE DATE," passed as Ordinance No. 78Z , by the City
Council and Mayor of the City of Meridian, on the_ day of
January, 1998, as the same appears in my office.
DATED this L'
� day of January, 1998.
�w,,,l"ll It 1#1#11///,`'j/
Of M&Ft
�- ty Clerk, City of ' e dian
BEAT, ?Ada County, Idaho
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Elvira Annexation and Zoning Ordinance
PAGE 5
STATE OF IDAHO,)
ss.
County of Ada, )
On this---s�'_'__ day of NJakw 19`X
undersigned, a Notary Public in and for Bald' State,
ore me, the
appeared WILLIAM G. BERG, JR. known to me to be the perpson owhose
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.
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SEAL -
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Elvira annex.adf-.;
12\23\97-Final `
Elvira Annexation and Zoning Ordinance
at Meridian,
ssion Expires
PAGE 6
139
ORDINANCE NO. 782
AN ORDINANCE OF THE CITY OF MERIDIAN ANNEXING AND ZONING CERTAIN
REAL PROPERTY WHICH IS DESCRIBED AS A PORTION OF LAND WITHIN THE
EAST '~ OF THE NW '~, AND IN THE WEST ~z OF THE NE '~ OF SECTION 7,
TOWNSHIP 3 NORTH, RANGE 1 EAST, BOISE-MERIDIAN, MERIDIAN, ADA
COUNTY, IDAHO, AS SHOWN ON THE RECORD OF SURVEY NO. 3832 FILED AS
. INSTRUMENT N0. 97023999 IN RECORDS OF 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 East ~ of the NW ~, and in
the West '~ of the NE ~ of Section 7, Township 3 North,
Range 1 East, B.,M., Meridian, Ada County, Idaho, as
shown on Record of Survey No. 3832 filed as Instrument
No. 97023999 in the records of Ada County, Idaho, more
particularly described as follows:
Commencing at a found brass cap at the center ~ corner
of said Section 7;
Thence North 00°degrees 34'46" East; 957.00 feet (58
rods) along the North/South midsection line to the TRUE
POINT OF BEGINNING;
Thence along a line
midsection line, North
feet to a point on the l
Fair Subdivision No. 4,
East of and at right
midsection line;
parallel with the East/West
89 degrees 33'49" East 301.05
Jesterly boundary of the Danbury
said point is also 301.00 feet
angles with the North/South
Thence North 00 degrees 34'46" East, 877.66 feet along
a line parallel with said North/South midsection line
and also the West boundary of said Danbury Fair
Subdivision No. 4 to a point on the South line of the
lands owned by Elnora L. Johnson, as shown in the
recorded warranty deed, Instrument No. 733586;
Thence continuing North 00 degrees 34'46" East 182.24
feet (formerly North, 140.00 feet as shown in said deed
Instrument No. 733586) along the West line of the
Danbury Fair Subdivision No. 5 and along a line
parallel with and 301.00 feet Easterly of the
midsection line of said Section 7 to a point on the
Northerly line of the Southwest ~ of the Northwest ~ of
the Northeast ~ of said Section 7 and the Northwest
corner of said Danbury Fair Subdivision No. 5;
ELVIRA SUBDIVISION PAGE 1
140
Thence North 89 degrees 42'37" West 301.00 feet
(formerly West, 301.00 feet as shown in said deed
Instrument No. 733586) along said Northerly line of the
Southwest '~ of the Northwest ~ of the Northeast ~ to
the Northwest corner of said Southwest '~ of the
Northwest ~ of the Northeast ~ of Section 7;
Thence South 00 degrees 34'46" West 180.72 feet
(formerly South, 140.00 feet as shown in said deed
Instrument No. 733586) along said North/South
midsection line of said Section 7;
Thence continuing South 00 degrees 34'46" West 36.90
feet along said North/South midsection line to the
Northernmost corner of Block 13 of the Vacated Plat of
the Second Cottage Home Addition to Meridian;
Thence South 38 degrees 30'33" West, 244.02 feet along
the Northwesterly line of said Block 13 to an angle
point in said Block 13, said angle point is 150.00 feet
West of and perpendicular to said North/South
midsection line;
Thence South 00 degrees 34'46" West 926.26 feet along
the West line of said Block 13, said line is 150.00
feet West of and parallel with the said North/South
midsection line, to a point;
Thence South 89 degrees 25'14" East 150.00 feet along a
line at right angles with said North/South midsection
line to a point on said midsection line;
Thence North 00 degrees 34'46" East 272.64 feet along
said North/South midsection line to the TRUE POINT OF
BEGINNING;
Containing 10.85 acres, more or less.
SUBJECT T0:
All existing easements and road rights-of-way of record
or appearing on the above-described parcel of land.
is hereby annexed to the City of Meridian, and shall be zoned
Medium Density Residential (R-8); 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 the Applicant shall pay
any impact development fee or transfer fee adopted by the City of
Meridian as a condition of annexation and if not paid the land
shall be de-annexed.
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
ELVIRA SUBDIVISION PAGE 2
141
Ordinance and the Meridian Comprehensive Plan adopted
January 4, 1994.
c. 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.
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.
e . That these conditions shall run with the land and bind
the Applicant, the titled owners, and their assigns.
f. That if these conditions of approval are not met the
property shall be subject to de-annexation.
g. That the requirements and conditions of the Findings of
Fact and Conclusions of Law, and the Ordinances of the
City of Meridian shall be met.
Section 3. That if the Applicant shall fail to meet the
above conditions the property shall be subject to de-annexation,
which conditions subsequent shall run with 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 within 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.
ELVIRA SUBDIVISION PAGE 3
142
PASSED by the City Council and approved by the/ Mayor of the
City of Meridian, Ada County, Idaho, this ICS ~~ day of
January, 1998.
APPROVED:
e
Y R -- BOB CORRIE
ATTES
~~~~ ~
LLIAM G. ERG, J -
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ELVIRA SUBDIVISION PAGE 4