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Home My WebLink AboutAZ 05-023 Cherry Lane Church CITY OF MERIDIAN ORDINANCE NO. BY THE CITY COUNCIL: BIRD, DONNELL, ROUNTREE, WARDLE AN ORDINANCE (AZ-023 CHERRY LANE CHRISTIAN CHURCH) FOR ANNEXATION OF PROPERTY LOCATED IN A PORTION OF THE SE ~ OF SECTION 10, TOWNSHIP 3 NORTH, RANGE 1 WEST, BOISE MERIDIAN; ADA COUNTY, IDAHO AS DESCRIBED IN ATTACHMENT "A" AND ANNEXING CERTAIN LANDS AND TERRITORY, SITUATED IN ADA COUNTY, IDAHO, AND ADJACENT AND CONTIGUOUS TO THE CORPORATE LIMITS OF THE CITY OF MERIDIAN AS REQUESTED BY THE CITY OF MERIDIAN; ESTABLISHING AND DETERMINING THE LAND USE ZONING CLASSIFICATION OF SAID LANDS FROM RUT (ADA COUNTY) TO C-N (NEIGHBORHOOD BUSINESS DISTRICT) IN THE MERIDIAN CITY CODE; PROVIDING THAT COPIES OF THIS ORDINANCE SHALL BE FILED WITH THE ADA COUNTY ASSESSOR, THE ADA COUNTY RECORDER, AND THE IDAHO STATE TAX COMMISSION, AS REQUIRED BY LAW; AND PROVIDING FOR A SUMMARY OF THE ORDINANCE; AND PROVIDING FOR A WAIVER OF THE READING RULES; AND PROVIDING AN EFFECTIVE DATE. BE IT ORDAINED BY THE MAYOR AND THE CITY COUNCIL OF THE CITY OF MERIDIAN, COUNTY OF ADA, STATE OF IDAHO: SECTION 1. That the following described land as evidenced by attached Legal Description herein incorporated by reference as Exhibit "A" is within the corporate limits of the City of Meridian, Idaho, and that the City of Meridian has received a written request for annexation and re- zoning by the owner of said property, to-wit: Cherry Lane Christian Church SECTION 2. That the above-described real property is hereby annexed and re-zoned from RUT (Ada County) to C-N (Neighborhood Business District) in the Meridian City Code. SECTION 3. That the City has authority pursuant to the laws of the State ofIdaho, and the Ordinances ofthe City of Meridian to annex and zone said property. SECTION 4. That the City has complied with all the noticing requirements pursuant to the laws of the State ofIdaho, and the Ordinances of the City of Meridian to annex and re-zone said property. SECTION 5. That the City Engineer is hereby directed to alter all use and area maps as well as the official zoning maps, and all official maps depicting the boundaries and the zoning districts of the City of Meridian in accordance with this ordinance. ANNEXATION OF AZ-O5-023 CHERRY LANE CHRISTIAN CHURCH - Page 1 013 SECTION 6. All ordinances, resolutions, orders or parts thereof in conflict herewith are hereby repealed, rescinded and annulled. SECTION 7. This ordinance shall be in full force and effect from and after its passage, approval and publication, according to law. SECTION 8. The Clerk of the City of Meridian shall, within ten (10) days following the effective date of this ordinance, duly file a certified copy of this ordinance and a map prepared in a draftsman manner, including the lands herein rezoned, with the following officials of the County of Ada, State ofIdaho, to-wit: the Recorder, Auditor, Treasurer and Assessor and shall also file simultaneously a certified copy ofthis ordinance and map with the State Tax Commission of the State of Idaho. SECTION 9. That pursuant to the affirmative vote of one-half (1/2) plus one (1) ofthe Members ofthe full Council, the rule requiring two (2) separate readings by title and one (1) reading in full be, and the same is hereby, dispensed with, and accordingly, this Ordinance shall be in full force and effect upon its passage, approval and publication. PASSED BY THE CITY COUNCIL OF THE CITY OF MERIDIAN, IDAHO, this day of , 2005. APPROVED BY THE MAYOR OF THE CITY OF MERIDIAN, IDAHO, this day of , 2005. MAYOR TAMMY de WEERD ATTEST: WILLIAM G. BERG, JR., CITY CLERK ANNEXATION OF AZ-O5-023 CHERRY LANE CHRISTIAN CHURCH - Page 2 of3 STATE OF IDAHO, ) ) ss. County of Ada ) On this ~ day of ,2005, before me, the undersigned, a Notary Public in and for said State, personally appeared TAMMY de WEERD and WILLIAM G. BERG, JR., known to me to be the Mayor and City Clerk, respectively, of the CITY of Meridian, Idaho, and who executed the within instrument, and acknowledged to me that the City of Meridian executed the same. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year first above written. (SEAL) NOTARY PUBLIC FOR IDAHO RESIDING AT: MY COMMISSION EXPIRES: ANNEXATION OF AZ-O5-023 CHERRY LANE CHRISTIAN CHURCH - Page 3 of3 NOTICE AND PUBLISHED SUMMARY OF ORDINANCE PURSUANT TO I.C. § 50-901(A) CITY OF MERIDIAN ORDINANCE NO. 05- PROVIDING FOR ANNEXATION AND ZONING ORDINANCE An Ordinance of the City of Meridian granting annexation and zoning for land located in a portion of the SE Ij,¡ of Section 10, Township 3 North, Range 1 West, Boise Meridian, Ada County, Idaho, more particularly described in Attachment "A". This parcel contains 39.47 acres more or less. Also, this parcel is SUBJECT TO all easements and rights-of-way of record or implied. As surveyed in attached exhibit "B" and is not based on an actual field survey. A full text of this ordinance is available for inspection at City Hall, City of Meridian, 33 East Idaho, Meridian, Idaho. This ordinance shall become effective on the day of ,2005. City of Meridian Mayor and City Council By: William G. Berg, Jr., City Clerk First Reading: Adopted after first reading by suspension of the Rule as allowed pursuant to Idaho Code 50-902: YES NO Second Reading: Third Reading: STATEMENT OF MERIDIAN CITY ATTORNEY AS TO ADEQUACY OF SUMMARY OF ORDINANCE NO. 05- The undersigned, William LM. Nary, City Attorney of the City of Meridian, Idaho, hereby certifies that he is the legal advisor of the City and has reviewed a copy of the attached Ordinance No. 05- ofthe City of Meridian, Idaho, and has found the same to be true and complete and provides adequate notice to the public pursuant to Idaho Code § 50-901A (3). day of ,2005. DA TED this William. LM. Nary City Attorney ORDINANCE SUMMARY - AZ-O5-023 CHERRY LANE CHRISTIAN CHURCH - Page 1 EXHIBIT A Cherry Lane Christian Church Annexation AZ-O5-023 Legal Description ANNEXATION LEGAL A Parcel of land being Parcel B as shown on Record of Survey No. 5576 for Graye Wolfe, and located In a portion of the SE1/4 of SectIon 10, Township 3 North, Range 1 West. Boise Meridian. Ada County, Idaho and more particulariy described as follows: BEGINNING at a 518 inch rebar marking the SE comer of said SE1/4¡ Thence along the South line of said SE1/4 N89"40'29'W a distance of 1558.62 feet to a 518 Inch rebar from which the SW comer of said SE1/4 bears N89"40'2Q'W a distance of 1082.05 feet; Thence leaving said South line N01"OS'10"E a distance of 1116.81 feet to a 5/8 inch rtJbar; Thence S88"51'50"E a distance of 1545.36 feet to 8 5/8 Inch rabar on the East line of said SE1/4; Thence along said East line SOO"27'06'W a distance of 1096.83 feet to the POINT OF BEGINNING. Said Parcel contains 39.41 acres more ot less and Is subjeat to all existing easements and rights-of-way of record or Implied. ;~ ÞlV~,-L.-/ ~.l\,. ~\ \")~~'" ,i;\'.\P~~" "t .. ~.II/' . CO46352 ANNEX U!OAL.cb: ~~ ANNEXATION EXHIBIT MAP FOR CHERRY LANE CHRISTIAN CHURCH A PORTION OF THE SE 1/4 OF SECTION 10 TOWNSHIP 3 NORTH, RANGE 1 WEST, BOISE MERIDIAN ADA COUNTY, IDAHO / í' 2005 E1 4 CORNER SECTION 10 B~~ AP~~¡V~~ '""'v- - -' ...f N APR 2 6 2005 gj UNION PACIFIC RAILROAD 2 MERIDIAN PUBLIC WORKS DEPT. r RAlLROAO RIGHT OF WAY I I I J... ~IO j:t<CÏ f -,- ---- --- ~ -< a p:; SCALE 1 "=300' DETAil FILENAME: PINNACLE DRAWN BY: CO4 635 2_AN N EX_8 S. DWG SRL CREATION DATE: Engineers, Inc. CHECKED BY: 12552 W, ExecutIve Dr.. SUite B. Boise, Idaho 04/12/2005 83713 KNS (206) 867-7760 I ~~-r -.- to AGREEMENT THIS AGREEMENT is made and entered into this 10th day of February, 2005, by and between Cherry Lane Christian Church and The City of Meridian, Idaho with respect to parcel #9050 at E SIDE SE1/4SE1/4 Section 10 3N1W as shown in Figure A. Well 27 Lot Cherry Lane Christian Church, owner of the referenced parcel, agrees to allow the City of Meridian and it's agents access to the site for the purposes of drilling and sampling a test water well, known as Well #27 Test Well. The City of Meridian agrees to pay Cherry Lane Christian Church one hundred dollars ($100.00) for the use of this property during the test drilling. The City of Meridian further agrees to the following: 1) The City will reclaim the site to a similar condition as it exists before the test well. 2) If the City does not find a viable aquifer, the City will abandon the test well. At the Cities sole discretion and based on the results obtained from Test Well #27 the City may purchase the parcel described above, If the City chooses to purchase the parcel, Cherry Lane Christian Church agrees to sell the parcel for the total purchase price of $21,000 and further agrees to cooperate with the City in completing the transaction. The City agrees to allow a cross access agreement with Cherry Lane Christian Church and to jointly agree on well house appearance. Cherry Lane Christian Church agrees to grant and coordinate an easement for a flush line to Ten Mile Creek, Well #26 Test Well - 1 of 2 ~ '~.i , .' -. ... IN WITNESS WHEREOF, the parties do execute this Agreement the day and year first above written. By CITY OF MERIDIAN, IDAHO By: ---.. Attest: c~ . Âwø"'o-I ^It:~/()J-' Well #26 Test Well - 2 of 2 ,< .' .."' , ~",~ . Figure A RECREATION FIELD + roadway Landscape setback line ~~ full access morial rose arden, path nd gazebo ~ f .... >- Q) ~ .::t. 0 0 ~ rn Jd t: .- ~ .::::t. L C Q. .s- ~ L() ..q 0 ~ ~ f Jd ~ I right i Q ~ 0 ~ OTAL PARKING PHASE 1 ~ ~ ~ ~ Z ~