04-1091 AZ Magic View Subdivision 04-008 (104093298)
ADA CDUNTY RECDRDER J. DAVID NAVARRO
BOISE IDAHO 07123104 02:59 PM
DEPUTY Vicki Allen IIIIIIIII1I
REC~~DED.-REQUEST OF 11111111111111111111111111
Meridian CI!y t 04093298
AMOUNT .00
CITY OF MERIDIAN
ORDINANCE NO. 04- \OCt I
AN ORDINANCE FINDING THAT, ROBERT AND KATHLEEN BARNES, THE OWNERS OF
CERTAIN REAL PROPERTY GENERALLY LOCATED ON THE SOUTH SIDE OF MAGIC VIEW
DRIVE, WEST OF ALLEN STREET IN MAGIC VIEW SUBDIVISION, APPROXIMA TEL Y 900
FEET WET OF EAGLE ROAD/SH 55, PHYSICAL ADDRESS IS 2855 E. MAGIC VIEW DRIVE,
MERIDIAN, IDAHO, TO BE KNOWN AS MAGIC VIEW COURT AND WHICH LIES
CONTIGÚOUS 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 GENERAL RETAIL AND SERVICE COMMERCIAL DISTRICT (C-G);
AND DECLARING THAT SAID LAND, BY PROPER LEGAL DESCRIPTION AS DESCRIBED
BELOW, BE A PART 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
ANNEXATION AND ZONING ORDINANCE (AZ-O4-008) - 1
A parcel located in the NE II. of Section 17, Township 3 North, Range 1 East, Boise Meridian,
and being Lot 9 of AMENDED MAGIC VIEW SUBDIVISION as shown in Book 52 of Plats at Page 4445
in the office of the Recorder, Ada County, Idaho, more particularly described as follows:
Commencing at a brass cap monument marking the southeasterly comer of said NE II. ITom
which a brass cap monument marking the southwesterly comer of said NE II. bears S 89059'48" W a
distance of2606.67 feet;
Thence S 89059'48" W along the southerly boundary ofsaidNE II. a distance of1181.41 feetto a
point;
Thence leaving said southerly boundary N 0000' 12" W a distance of 178.26 feet to a 5/8 inch
diameter iron pin marking the southerly corner of said Lot 9 and the POINT OF BEGINNING;
Thence along the southwesterly boundary of said Lot 9 the following described courses;
Thence N 72°49'02" W a distance of 126.86 feet to a 5/8 inch diameter iron pin;
Thence N 72005'24" W a distance of 278.61 feet to a Y. inch diameter iron pin marking the
westerly corner of said Lot 9;
Thence N 16022'21" E along the northwesterly boundary of said Lot 9 a distance of549.81 feet
to a 5/8 inch diameter iron pin marking the northerly corner of said Lot 9;
Thence S 83010'27" E along the northeasterly boundary a distance of 408.02 feet to a 5/8 inch
diameter iron pin marking the easterly corner of said Lot 9;
Thence S 16005'58" W along the southeasterly boundary of said Lot 9 a distance of626.76 feet
to the POINT OF BEGINNING.
This parcel contains 5046 acres and is subject to any easements existing or in use. This parcel is
also contiguous to the City of Meridian corporate limits.
ANNEXATION AND ZONING ORDINANCE (AZ-O4-008) - 2
SECTION 2: That the above-described real property be, and the same is hereby annexed and
made a part of the 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 General Retail and Service Commercial (C-G).
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 of the 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 of that certain Development Agreement by and between the City of Meridian and
the owner of the land described in Section 1 dated the dO-Ih day of LJ LI..1~_, 2004.
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 of the 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.
ANNEXA nON AND ZONING ORDINANCE (AZ-O4-008) - 3
~ED BY THE COUNCIL OF THE CITY OF MERIDIAN, IDAHO, this dO*' day of
uJ l) , 2004.
AEJplOVED BY THE MAYOR OF THE CITY OF MERIDIAN, IDAHO, this .:;lOth day of
vU' 1 ) ,2004.
ATTEST:
STATE OF IDAHO,)
: ss.
County of Ada)
On this ;20fJll day of ,JlA.lf ,2004, before me, the undersigned, a Notary
Public in and for said State, personally appeared AMMY 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 WI~f..~~_WHEREOF, I have hereunto set my hand and affixed my official seal the day
and year first above~":.n'L ---'"
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ANNEXATION AND ZONING ORDINANCE (AZ-04-008) - 4
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LOT 9 AMENDED
MAGIC VIEW SUBDIVISION
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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 Ordinance No. 04-1 / , passed by the
City Council of the City of Meridian, on the day of lc.� , 2004, is a true and
correct copy of the original of said document which is in the care, c stody and control of the City
Clerk of the City of Meridian.
"4, ' %9'�
WILLIAM G. BERG, X.
STATE OF IDAHO, )
ss.
County of Ada, )
On this 204` day of Jwy , in the year 2004, before me,
' nH tc c L-.So"..41L- , 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. _Ass0oss...,,_
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for Idaho
Expires: 0 0 7
ZAWork\M\Meridian\Meridian 15360M\Magic View Court AZ-04-008\CertificationOfClerkOrd.doc
CERTIFICATION OF THE CITY CLERK OF THE CITY OF MERIDIAN
AZ-04-008