04-1089 AZ Market Square 04-009 (104093295)
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ADA CDUNTY RECORDER J, DAVID NAVARRO 5
BOISE IDAHO 07/23104 02:59 PM
I DEPUTY Vicki Allen
~~~i~~a~Eg~REQUEST OF 1111111111111111111111111111111111 III
AMOUNT .00 104093295
CITY OF MERIDIAN
ORDINANCE NO. 04- I () 9r
AN ORDINANCE FINDING THAT, CAVEN, INC., THE OWNER OF CERTAIN REAL PROPERTY
GENERALLY LOCATED ON THE NORTHEAST CORNER OF THE INTERSECTION OFUSTICK
ROAD ND EAGLE ROAD/SH 55, IMMEDIATELY NORTH OF THE PROPOSED
KISSLERICOBBSIEAGY/RUWE ANNEXATION AND WEST OF PROVIDENCE PLACE
SUBDIVISION, IN TOWNSHIP 4 NORTH, RANGE 1 EAST, SECTION 33, MERIDIAN, IDAHO, TO
BE KNOWN AS MARKET SQUARE 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 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:
ANNEXATION AND ZONING ORDINANCE (AZ-O4-009) - 1
LEGAL DESCRIPTION
A parcel ofland being the SW Y. SW Y. of Section 33, Township 4 North, Range 1 East,
Boise Meridian, Meridian, Ada County, Idaho, more particularly described as follows:
BEGINNING at the SW corner of said Section 33, said comer monumented with a Y,-inch
diameter iron pin;
Thence N. 0030'25" E., a distance of 1327.14 feet along the westerly boundary of said SW Y.
SW Y. to the NW comer of said SW Y. SW Y. (S 1/16 corner common to Sections 32 and 33);
Thence S. 89047'55" E., a distance of 1329.19 feet along the northerly boundary of said SW
y. SW Y. to the NE corner of said SW Y. SW Y. (SW 1/16 corner), said comer monumented with a
5/8-inch diameter iron pin;
Thence S. 0029'08" W., a distance of 1326.66 feet along the easterly boundary of said SW Y.
SW Y. to the SE corner of said SW Y. SW Y. (W 1/16 comer common to Sections 4 and 33);
Thence N. 89049'08" W., a distance of 1329.70 feet along the southerly boundary of said SW
Y. SW Y. to the POINT OF BEGINNING.
This parcel contains 40.49 acres more or less.
Also, this parcel is SUBJECT TO all easements and rights-of-way of record or implied.
All according to Record of Survey No. 3769, recorded as Instr. No. 97008745 in the Office of
the Ada County Recorder.
This information contained in this legal description was derived from the data of record as
shown on "Record of Survey No. 3769, Instr. No. 97008745", and is not based on an actual field
survey.
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).
ANNEXATION AND ZONING ORDINANCE (AZ-O4-009) - 2
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 ~ day of J~ ,2004, and that
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.
ANNEXA nON AND ZONING ORDINANCE (AZ-O4-009) - 3
PASSED BY THE COUNCIL OF THE CITY OF MERIDIAN, IDAHO, this ¡g If: day of
(7~ ,2004.
APPROVED BY THE MAYOR OF THE CITY OF MERIDIAN, IDAHO, this /;J-I'j; day of
J~ ,2004. -
ATTEST:
STATE OF IDAHO,)
: ss.
County of Ada
On this 13+~ayof ..Jkli1 ,2004, before me, the undersigned, a Notary
Public in and for said State, personally appeared T MY 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 ~~~'. ....~
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ANNEXA nON AND ZONING ORDINANCE (AZ-04-009) - 4
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