HomeMy WebLinkAboutOrdinance 736r'' _..
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ORDINANCE NO. 736
AN ORDINANCE OF THE CITY OF MERIDIAN ANNEXING AND ZONING CERTAIN
REAL PROPERTY WHICH IS DESCRIBED AS A PARCEL OF LAND SITUATED IN
THE NW 1/4 OF THE NE 1/4 OF SECTION 7, 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 parcel of land situated in the NW 1/4 of the NE 1/4 of
~ ~ ~ ~ ~ 5 ~f (~ •Section 7, Township 3 North, Range 1 East, Boise
Meridian, Ada County, Idaho, more particularly described
as follows:
V '`"`'~ Commencing at the 1/4 corner common to Sections 6 and 7;
~~ `~~}`~ thence along the North. line of said Section 7, S
~~i:,~~ z=. 89°28'06" E a distance of 180.00 feet to a point;
..
G~CL``Jthence S 00°34'44" W a distance of 45.78 feet to the
~ fr ~~
96 r~,~ ~ ~i~ .~ 28 southerly rights-of-way line of Fairview Avenue, a 5/8
ll ~ inch iron pin and cap marked "RAJ 943", THE POINT OF
:-~~ ------L...$~ _;:: INNING;
REC~,~.:.~.. ,.~ ,, t1~ST Or
thence along said rights-of-way line N 89°11'04" E a
distance of 10.98 feet to a Brass Cap set in concrete,
marked station 47+16.6;
thence continuing along said rights-of-way on a curve to
the right having a Delta of 00°08'33", a Radius of
55,916.02 feet, a Tangent of 69.53 feet, a Chord Bearing
of N 89°15'20" E, a Chord distance of 139.06 feet, an Arc
Length of 139.06 feet to a point which bears S 00°34'46"
W a distance of 0.25 feet from a 5/8 inch iron pin and
cap marked "JUB 944";
thence leaving said rights-of-way line S 00°34'46" W a
distance of 629.75 feet to the South line of the NW 1/4
of the NW 1/4 of the NE 1/4 of said Section 7, a 5/8 inch
iron pin and cap marked "RAJ 943";
ANNEBATION ORDINANCE - JOHNSON\ROUBA Page 1
thence along the said South line of the NW 1/4 of the NW
1/4 of the NE 1/4 of said Section 7, N 89°42'38" W a
distance of 330.00 feet to the SW corner of the NW 1/4 of
the NW 1/4 of the NE 1/4 of said Section 7, a 5/8 inch
iron pin and cap marked "Hubble 4999";
thence along the North-South centerline of said Section
7, N 0°34'44" E a distance of 373.56 feet to a 5/8 inch
iron pin and cap marked "RAJ 943", which bears S
00°34'44" W a distance of 300.00 feet from said 1/4
corner common to Sections 6 and 7;
thence S 89°28'06" E a distance of 180.00 feet to a 5/8
inch iron pin and cap marked "RAJ 943";
thence N 00°34'44" E a distance of 254.22 feet to THE
POINT OF BEGINNING.
Also a portion of Fairview Avenue, as shown on the
official plat of U.S. Highway No. 30, project No. F-
3281(5) highway survey on file in the office of the
Department of Highways of the State of Idaho, more
particularly described as follows:
A strip of land in the N 1/2 of the NW 1/4 of the NE 1/4
of Section 7, Township 3 North, Range 1 East, Boise
Meridian and the S 1/2 of the SW 1/4 of the SE 1/4 of
Section 6, Township 3 North, Range 1 East, Boise
Meridian, to wit:
Commencing at the 1/4 corner common to said Sections 6
and 7, THE POINT OF BEGINNING;
thence along the centerline of Fairview Avenue N
89°11'04" E a distance of 189.82 feet to a point of
curvature;
thence continuing along said centerline on a 00°06'09"
curve to the right, having a Delta of 00°08'37", a Radius
of 55,966.02 feet, a Tangent Length of 70.14 feet, a
Chord Bearing of N 89°15'22" E, and a Chord Distance of
140.28 feet, an Arc Length of 140.28 feet to a point;
thence leaving said centerline S 00°34"46" W a distance
of 50.01 feet to the southerly Rights-of-Way line of
Fairview Avenue;
thence along said southerly Rights-of-Way line on a
00°06'09" curve to the left, having a Delta of 00°08'33",
a Radius of 55,916.02 feet, a Tangent Length of 69.53
feet, an Chord Bearing of S 89°15'20" W, and a Chord
Distance 139.06 feet, an Arc Length 139.06 feet to a
Brass Cap set in concrete, marked station 47+16.6, the
point of tangency;
ANNEBATION ORDINANCE - JOHNSON~KOUBA Page 2
thence continuing along said southerly Rights-of-Way line
S 89°11'04" W a distance of 10.98 feet to a 5/8 inch iron
pin and cap marked "RAJ 943";
thence continuing along said southerly Rights-of-Way line
S 89°11'04" W a distance of 87.82 feet to a point;
thence leaving said southerly Rights-of-Way line N
00°48'56" W a distance of 47.86 feet to a point on the
section line common to Sections 6 and 7;
thence along said section line N 89°28'06" W a distance
of 91.04 feet to THE POINT OF BEGINNING,
is hereby annexed to the City of Meridian, and shall be zoned C-G
General Retail and Service Commercial; 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 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 Zoning Ordinances, the Subdivision
and Development Ordinance, and the Meridian Comprehensive
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 11-2-417 D; that the
development agreement shall address inclusion into the
subdivision of the requirements of 11-9-605 C, G 1., H,
R, L and M 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
ANNE$ATION ORDINANCE - JOHNSON\ROUBA Page 3
J
development time schedules and requirements, and 11-9-605
M which pertains to the tiling of ditches and waterways.
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, particularly, but not limited thereto, Conclusion of
Law Dios. 12, 17, 19, 20, and 23, and that the property be
developed as a commercial planned development or under
the conditional use permit process, and the Applicant
shall meet the requirements of the Conditional Use
Permit, 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.
PASSED by the City Council and approved by the Mayor of the
City of Meridian, Ada County, Idaho, this 6~day of August, 1996.
APPROVED:
8 -- ROBERT D. CORRIE
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ATTEST: ``~~.~`~~'L ~ '~~~~°.,~~~
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WILLIAM G. BERG, JR. -- CITY CLERK ~'~'y,, ~ j
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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 PARCEL OF LAND SITUATED IN THE NW
1/4 OF THE NE 1/4 OF SECTION 7, TOWNSHIP 3 NORTH, RANGE 1 EAST,
BOISE MERIDIAN, ADA COUNTY, IDAHO; AND PROVIDING AN EFFECTIVE
DATE."; passed as Ordinance No. 736, by the City Council and Mayor
of the City of Meridian, on the ~~L day of August, 1996, as the
same appears in my office.
6 ~h
DATED this ~ day of August, 1996.
pity Clerk, City
Ada County, Idaho
STATE OF IDAHO,)
• ss.
County of Ada', )
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On this ~~ day of August, 1996, 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.
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ANNEXATION ORDINANCE - JOSNSON\ROUBA Page 5
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