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04-1088 AZ Kissler Dealy 03-022 (1040934294) ADA CDUNTY RECOROER J. OAVID NAVARRO BOISE IOAHO 07123/04 02:59 PM DEPIITY Vicki Allen RECOROEO-REQUEST OF Meridian City AMOUNT .00 .~-- 1111111111111111111111111111111111111 104093294 CITY OF MERIDIAN ORDINANCE NO. 04- 10 ø 8 AN ORDINANCE FINDING THAT, JAMES A. KISSLER, THE OWNER OF CERTAIN REAL PROPERTY GENERALLY LOCATED IMMEDIATELY EAST OF THE KISSLER ANNEXATION (18ACRE PARCEL) NEAR THE SOUTHEAST CORNER OF THE INTERSECTION OF EAGLE ROAD/SH 55 AND US TICK ROAD, MERIDIAN, IDAHO, TO BE KNOWN AS KISSLER AND WHICH LIES CONTIGUOUS OR ADJACENT TO THE CITY LIMITS OF THE CITY OF MERIDIAN, COUNTY OF ADA, STATE OF IDAHO; HAS 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 owners of said Property, to-wit: ANNEXATION AND ZONING ORDINANCE (AZ-O3-022) - 1 LEGAL DESCRIPTION A Parcel of land being a portion of the East Half of Govemment Lot 4 lying in the Northwest Quarter of the Northwest Quarter of Section 4, Township 3 North, Range I East ofthe Boise Meridian, Ada County, Idaho, more particularly described as follows: Commencing at the Northwest corner of said Section 4 (also the Northwest comer of said Government Lot 4), Township 3 North, Range I East of the Boise Meridian; thence North 89°49'08" East (formerly North 89°35'22' East) along the Northerly line of said Section 4 a distance of 664.84 feet (formerly 664.75 feet) to the TRUE POINT OF BEGINNING; thence continuing North 89°49'08" East (formerly North 89°35'22" East) along the Northerly line of said Section 4 a distance of 166.19 feet; thence leaving said Northerly line, South 00°13'40" West (formerly South 00°00'06" East) a distance of 293.00 feet; thence North 89° 18' 56" West (formerly South 89°32' 42" West) a distance of 168.07 (formerly 166.19 feet); thence North 00°35'55" East (formerly North 00°05'05" West) a distance of 290.48 feet (formerly 293.00 feet) to the POINT OF BEGINNING. The above description was prepared ITom information contained in Deed of records of Ada County, Idaho. Not the result of an actual survey made on the ground. The above described parcel contains 1.119 acres, more or less. AND A Parcel of land being a portion of the East Half of Government Lot 4 lying in the Northwest Quarter of the Northwest Quarter of Section 4, Township 3 North, Range 1 East of the Boise Meridian, Ada County, Idaho, more particularly described as follows: Commencing at the Northwest comer of said Section 4 (also the Northwest comer of said Govemment Lot 4), Township 3 North, Range I East of the Boise Meridian; thence South 89°49'08" East (formerly North 89°35'22" East) along the Northerly line of said Section 4 a distance of 664.84 feet (formerly 664.75 feet) to the TRUE POINT OF BEGINNING; thence continuing South 89°49'08" East (formerly North 89°35'22" East) along the Northerly line of said Section 4 a distance of 166.19 feet; thence leaving said Northerly line, South 00°35'24" West (formerly South 00°00'06" East) a distance of 1290.77 feet (formerly 1290.60 feet); thence North 89°51 '00" West (formerly South 89°32'42" West) a distance of 166.38 (formerly 166.20 feet); thence North 00°35'55" East (formerly North 00°05'05" West) a distance of 1290.86 feet (formerly 1290.73 feet) to the POINT OF BEGINNING. The above description was prepared from information contained in Deed records of Ada County, Idaho. Not the result of an actual survey made on the ground. ANNEXATION AND ZONING ORDINANCE (AZ-03-022) - 2 The above described parcel contains 4.927 acres, more or less. 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 District (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 I dated the I 7 ~ day of .:;Tkl'\ t:.... ,2004, and that the uses are to be developed under the planned unit development process and conditional use permit process. 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 days following the effective date of this ordinance, duly file a certified copy of this ordinance and a map prepared in a draftsman mrurner plainly and clearly designating the boundaries ofthe City of Meridian, including the lands herein annexed, with the following officials ofthe County of Ada, State ofIdaho, to- ANNEXATION AND ZONING ORDINANCE (AZ-O3-022) - 3 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. PASSED BY THE COUNCIL OF THE CITY OF MERIDIAN, IDAHO, this I :1"'-A. day of (/ uL?- APPROVED BY THE MAYOR OF THE CITY OFMERIDIAN,IDAHO, this /$,~ day ~T.~ ,2004. ,2004. of ATTEST: STATE OF IDAHO, ) : ss. County of Ada On this ~day of JI).\Y ,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. ANNEXATION AND ZONING ORDINANCE (AZ-O3-022) - 4 IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year first above written. ,"""""" """ c,£ L. S;~"" ~~~ +~.......:'7/» "" ¡..:.'"., "'.1>\ : ¡ ~OTA«~. \ ~ :: * i. -.- : * æ \ \ J>lTB\.\C J j "<P;-.'.. /0 l '°.. -1;,""""'" t-v. .~~ "'" 'Jj OF \~,."", Z,IWockIMIMe'¡dianIMe'¡dian ]~M'H~~r (Dealy Parcel) AZ-O3-022\AZOrd.doc (SEAL) ANNEXA nON AND ZONING ORDINANCE (AZ-O3-022) - 5 7 ~I 151 Igi " '" w g z z, POINT OF BEGINNING ~~ Il') in '" 0 0 z USTICK RI ~ ~ . ..... in '" 0 0 rJ) N89°51'OO"W 166.38' ff PERKINS-BROWN ORDINANCE NO. "4--It?ßß Kissler (Dealy) Section 4, T3N, R1E CITY OF MERIDIAN 660 E. WATERTOWER. SUITE 200 MERIDIAN. IDAHO S3642 SCALE:NTS 7/19/04 DRAWN BY:SJO I 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- B $ City Council of the City of Meridian, on the �� dayof �' passed by the correct copy of the original of said document whichn the careto ' 2004, is a true and Clerk of the City of Meridian. dy and control of %j j pity `����t�tt Ps.;�r�i, OF f""a WILLIAM G. BERG, JR. y AL ce �O 1 STATE OF IDAHO, �''•,9C �4P'Z,`,� ss. ��itr3il:tiltll��ti``t��� County of Ada, ) On this` day of _ �y , in the year _�2W 9' before me, 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 110TA� �: (SEAL) * t �'"` * Iwo — c!> `% AU B 0 �� N for Idaho Expires: Q p (Dealy Parcel) AZ-03-022\CertificationOfClerkOrd.doc CERTIFICATION OF THE CITY CLERK OF THE CITY OF MERIDIAN AZ-03-022