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04-1090 AZ McNelis Subdivision 04-004 (104093296) ADA CDUNTY RECDRDER J. DAVID NAVARRO BDISE IDAHO 07/23/04 02:59 PM DEPUTY Vicki Allen RECORDED-REQUEST OF Meridian City AMOUNT .00 '-- 1111111111'11111111111111111111111111 104093296 CITY OF MERIDIAN ORDINANCE NO. 04- IOQO AN ORDINANCE FINDING THAT, FALCON CREEK, LLC, THE OWNER OF CERTAIN REAL PROPERTY GENERALLY LOCATED ON THE NORTHWEST CORNER OF USTICK ROAD AND TEN MILE ROAD, WITHIN SECTION 34 OF TOWNSHIP 4 NORTH, RANGE 1 WEST, MERIDIAN, IDAHO, TO BE KNOWN AS McNELIS SUBDIVISION AND WHICH LIES CONTIGUOUS OR ADJACENT TO THE CITY LIMITS OF THE CITY OF MERIDIAN, COUNTY OF ADA, STATE OF IDAHO; HAVE MADE A REQUEST FOR ANNEXATION IN WRITING TO THE COUNCIL; AND THAT SAID LAND BE ANNEXED TO THE CITY OF MERIDIAN AND ZONING DESIGNATED LIMITED OFFICE DISTRICT (L-O), GENERAL RETAIL AND SERVICE COMMERCIAL DISTRICT (C-G), AND LIGHT INDUSTRIAL DISTRICT (I-L); AND DECLARING THAT SAID LAND, BY PROPER LEGAL DESCRIPTION AS DESCRIBED BELOW, BE APART OF THE CITY OF MERIDIAN, COUNTY OF ADA, STATE OF IDAHO; REPEALING ALL ORDINANCES, RESOLUTIONS, ORDERS OR PARTS THEREOF IN CONFLICT HEREWITH; AND DIRECTING THE CITY ENGINEER TO ADD SAID PROPERTY TO THE OFFICIAL MAPS OF THE CITY OF MERIDIAN, IDAHO; AND DIRECTING THE CLERK OF THE CITY OF MERIDIAN TO FILE A CERTIFIED COpy OF THE ORDINANCE AND MAP OF THE AREAS TO BE ANNEXED WITH ADA COUNTY RECORDER, AUDITOR, TREASURER AND ASSESSOR, AND THE STATE TAX COMMISSION OF THE STATE OF IDAHO, PURSUANT TO IDAHO CODE SECTION 50-223 AND SECTION 63-2215. BE IT ORDAINED BY THE MAYOR AND THE COUNCIL OF THE CITY OF MERIDIAN, COUNTY OF ADA, STATE OF IDAHO: SECTION 1. FINDINGS: That the following described land is contiguous and adjacent to the City of Meridian, Idaho, and that the City of Meridian has received a written request for annexation to the City of Meridian, Idaho, by the owner of said Property, to-wit: LEGAL DESCRIPTION TEN MILE-US TICK BUSINESS PARK TOTAL ACREAGE ANNEXATION AND ZONING ORDINANCE (AZ-O4-004) - 1 A parcel ofland located in theSE \4 of Section 34, TAN., R.l W., B.M., Ada County, Idaho, more particularly described as follows: BEGINNING at the corner common to Sections 2 and 3, T.3N., R.IW., and Sections 34 and 35, TAN., R.IW., B.M.; thence along the South boundary of said Section 34 North 89°43'00" West, 934.94 feet; thence North 37°25'41" West, 861.63 feet; thence North 43°06'33" West, 45.13 feet; thence 152.82 feet along the arc ofa curve to the left, having a radius of290.92 feet, a central angle of30005'54", and a long chord bearing North 58°09'30" West, 151.07 feet; thence North 73°12'27" West, 105.95 feet; thence 122.51 feet along the arc of a curve to the right, having a radius of 100.50 feet, a central angle of 69°50'36", and a long chord bearing North 38°17'09" West, 115.06 feet; thence North 03°21 '51" West, 140.80 feet; thence North 80°31 '41" East, 287040 feet; thence South 86°51 '15" East, 701.30 feet; thence North 64°14' 16" East, 277.37 feet; thence South 89°43 '09" East, 303.80 feet; thence South 00°17'35" West, 253.68 feet thence South 89°42'25" East 267.53 feet to a point on the East boundary of said Section 34; thence South 00°17'35" West, 935.83 feet to the Point of Beginning. Containing 34.60 acres, more or less. Subject to right-of-way for Ten Mile and Ustick Roads. PROPOSED CoG ZONE McNelis Subdivision A parcel ofland located in the SE \4 of Section 34, TAN., R.IW., B.M., Ada County, Idaho, more particularly described as follows: Commencing at the corner common to Sections 2 and 3, T.3N., R.IW., and Sections 34 and 35, TAN., R.IW., B.M.; thence along the south boundary of said Section 34 North 89°43'00" West, 25.00 feet to a point on the west right of way ofN. Ten Mile Road, the Real Point of Beginning of this description; Thence continuing along said south boundary North 89°43 '00" West, 253.00 feet to a point; thence North 00°17'35" East, 475.00 feet to a point; thence South 89°43'00" East 253.00 feet to a point on said right of way; thence along said right of way South 00°17'35" West 475.00 feet to the Real Point of Beginning of this description. Containing 2.76 acres, more or less. ANNEXATION AND ZONING ORDINANCE (AZ-O4-004) - 2 PROPOSED I-L ZONE McNelis Subdivision A parcel ofland located in the SE ~ of Section 34, TAN., R.IW., B.M., Ada County, Idaho, more particularly described as follows: Commencing at the corner common to Sections 2 and 3, T.3N., R.l W., and Sections 34 and 35, TAN., R.1 W., B.M.; thence along the east boundary of said Section 34 North 00°17'35" East, 935.83 feet to a point; thence North 89°42'25" West 267.53 feet to a point of tangency being the Real Point of Beginning of this description; thence 126.99 feet along the arc of a curve to the left, having a radius of227.00 feet, a central angle of32°03'10" and a long chord bearing South 74°16'00" West, 125.34 feet to a point of tangency; thence South 58°14'25" West, 244.10 feet to a point of curvature; thence 279.77 feet along the arc of a non-tangent curve to the left, having a radius of 427.00 feet, a central angle of37°32'24" and a long chord bearing South 39°28'13" West, 274.79 feet to a point; thence North 89°43'00" West 598.62 feet to a point; thence North 37°25'41" West, 155.28 feet to a point; thence North 43°06'33" West, 45.13 feet; thence 152.82 feet along the arc of a curve to the left, having a radius of 290.92 feet, a central angel of30005'54", and a long chord bearing North 58°09'30" West, 151.07 feet; thence North 73°12'27" West, 105.95 feet; thence 122.51 feet along the arc of a curve to the right, having a radius of 100.50 feet, a central angle of 69°50'36", and a long chord bearing North 38°17'09" West, 115.06 feet; thence North 03°21 '51" west, 140.80 feet; thence North 80°31 '41" East, 287040 feet; thence South 86°51' 15" East, 701.30 feet; thence North 64°14' 16" East, 277.37 feet; thence South 89°43'09" East, 303.80 feet; thence South 00°17'35" West, 253.68 feet to the Real Point of Beginning ofthis description. Containing 14.67 acres, more or less. PROPOSED L-O ZONE McNelis Subdivision A parcel ofland located in the SE ~ of Section 34, TAN., R.IW., B.M., Ada County, Idaho, more particularly described as follows: Commencing at the corner common to Sections 2 and 3, T.3N., R.I W., and Sections 34 and 35, TAN., R.IW., B.M.; thence along the South boundary of said Section 34 North 89°43'00" West, 278.00 feet to the Real Point of Beginning ofthis description; ANNEXATION AND ZONING ORDINANCE (AZ-04-004) - 3 Thence continuing along said South boundary North 89043 '00" West, 656.94 feet to a point; thence North 37025'41" West, 706.35 feet to a point; thence South 89043 '00" East 598.62 feet to a point on a curve; thence 279.77 feet along the arc of a non-tangent curve to the right, having a radius of 427.00 feet, a central angle of37°32'24" and a long chord bearing North 39°28'13" East, 274.79 feet to a point of tangency; thence North 58014'25" East 244.10 feet to a point of curvature; thence 126.99 feet along the arc ora curve to the right, having a radius of227.00 feet, a central angle of32°03'1O" and a long chord bearing North 74016'00" East, 125.34 feet to a point of tangency; thence South 89042'25" East 242.53 feet to a point on the west right of way ofN. Ten Mile Road; thence along said right of way South 00017'35" West 460.84 feet to a point; thence North 89043'00" West 253.00 feet to a point; thence South 00017'35" West 475.00 feet to the the Real Point of Beginning of this description. Containing 16.64 acres, more or less. SECTION 2: That the above-described real property be, and the same is hereby annexed and made a part ofthe City of Meridian, Ada County, Idaho. SECTION 3: That the real property herein by this ordinance annexed to the City of Meridian hereinabove described shall be zoned Limited Office District (L-O), General Retail and Service Commercial (C-G), and Light Industrial (I-L). SECTION 4: That the City Engineer is hereby directed to alter all use and area maps as well as the official zoning maps, comprehensive plan and all official maps depicting the boundaries ofthe City of Meridian in accordance with this ordinance. SECTION 5: The zoning designation set forth in Section 3 of this ordinance is subject to the terms and conditions ofthat certain Development Agreement by and between the City of Meridian and "2 --II; -r; the owner of the land described in Section I dated the ~ day of 'ÇI ~ ,2004, and that ANNEXATION AND ZONING ORDINANCE (AZ-04-004) - 4 the uses are to be developed as required within the Development Agreement under 6. Conditions Governing Development of Subject Property. 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 ITom 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 days following the effective date of this ordinance, duly file a certified copy of this ordinance and a map prepared in a draftsman manner plainly and clearly designating the boundaries ofthe City of Meridian, including the lands herein annexed, 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 of this ordinance and map with the State Tax Commission of the State ofIdaho, all in compliance with Idaho Code §63-2215 and §50-223. ANNEXATION AND ZONING ORDINANCE (AZ-O4-004) - 5 J~ï~BY TH~ COUNCIL OF THE CITY OF MERIDIAN, IDAHO, this ~ day of 2004, A~.Pf~~D BY THE MAYOR OF THE CITY OF MERIDIAN, IDAHO, this 13*' day of ,2004, ATTEST: STATE OF IDAHO,) : ss. County of Ada On this IŸ""dayof ~~, 2004, 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 w~~""""'~ ..~ C1!. L. SAt, "" ¿t ...~~ """.. ~+ ~" /c ~ I 'of' ",... ' :'" ...O'tA~J- '!. " . ~ "*- (SEAL) ã * _.- 5 T PUBLIC FOR ID¡lliO i J>UB\"\C ¡ S G AT: ¡r¡(rtl1¡~... '\ <I' '.. i I OMMISSION EXPIRES:~ ~11~,:f """" ~ ~ 'I' Z:I W orklM\Meridian\Merid":'liìl.~ ~4-004 PP-04.Q04lAZOni.doc '......." ANNEXATION AND ZONING ORDINANCE (AZ-04-004) - 6 ::.~~'": ""-",~, .,-..-- -.- ""-,,~~ ""00," '0 Se3NMO "3dO13/a0 .æ¡,::¡¡,:==r::õ' '-,.,t".""='~,.-., ""'n:;-'~:':';':'*,_.; N - W '-:=~=- .""'=.:.""'= -, --' ! .' ~ Z - ~", mSNOlln70S, ONINOZ Q3S0dO"d ' , 0 ~V.INO~I""NN\f1d 9NI1/33N19113 NOISWalffiS Sl'lJN:ON ¡ i i i N , ! I !I ,II 'i' J s : i .;;,;~ §~!!~ nm !!m. ~.!m i;m ,~ ~ I ~ ~ ~ .j ~ ~ II~ jU I iH :11 : I : I : I : I ~ i mu i',., , ~-Y¡-~~I y- -d. ~ - :dJ - -- - -~ - ------------- ! T '" ~~ j ¡ '.1. ,- '" ! ! , CERTIFICATION OF THE CITY CLERK OF THE CITY OF MERIDIAN To: The Recorder, Auditor, Treasurer and Assessor of Ada County, and The State Tax Commission of the State of Idaho I, WILLIAM G. BERG, JR., City Clerk, of the City of Meridian, Ada County, State of Idaho, do hereby certify that the attached copy of OKdinance No. 04- /O'?o , passed by the City Council of the City of Meridian, on the/�- day of , 2004, is a true and correct copy of the original of said document which is in the care, custody and control of the City Clerk of the City of Meridian. �����""""""111//,��` %/- AL _ WILLIAM G. BERG, JR. STATE OF IDAHO ss. ����r�1+trtt �ttt�ttttt�t County of Ada, On this �3�'ti' day of w� , in the year ;2- p0 c/ , before me, Jay.; I_. 5M; k►, _,a Notary Public, appeared WILLIAM G. BERG, JR., known or identified to me to be the City Clerk of the City of Meridian, Idaho that executed the said instrument, and acknowledged to me that he executed the same on behalf of the City of Meridian. 00,92 so Doll go,* ♦ 9� y®� VW •�I (SEAL) t;,s•� ��� Notary . , .�..,.• At c Ar,AI_ Comm �' �• for Idaho Expires: o y o CERTIFICATION OF THE CITY CLERK OF THE CITY OF MERIDIAN AZ-04-004 ZAWork\M\Meridian\Meridian 15360MMcNelis AZ-04-004 PP-04-004\CertificationOfClerkOrd.doc