04-1074 AZ Kissler Cobbs Eagy Ruwe 03-018 (104093291)
ADA COUNTY RECORDER J. DAVID NAVARRO
BOISE IDAHO 07/23104 02:59 PM
DEPUTY Vicki Allen
RECORDED-REQUEST OF 1111111111111111111111111111111111111
i Meridian City 184893291
'AMOUNT .00
CITY OF MERIDIAN
ORDINANCE NO. 04- I tJ 7 +-
AN ORDINANCE FINDING THAT, JANET RUWE - AN UNMARRIED PERSON, LYLE R.
COBBS AND DONNA L. COBBS - HUSBAND AND WIFE, JACK C. KENNEVICK AND MARY
ANNE KENNEVICK - HUSBAND AND WIFE, RICHARD L. JORDAN AND KATHLEEN A.
JORDAN - HUSBAND AND WIFE, AND JAMES A. KISSLER, THE OWNERS OF CERTAIN
REAL PROPERTY GENERALLY LOCATED ON THE SOUTH SIDE OF USTICKROAD ON THE
EAST AND WEST SIDES OF EAGLE ROAD/SH 55, MERIDIAN, IDAHO, TO BE KNOWN AS
KISSLER/COBBS/RUWE 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:
ANNEXATION AND ZONING ORDINANCE (AZ-03-0 18) - 1
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:
LEGAL DESCRIPTION
KISSLER PROPERTY
A Parcel ofland lying in the Northwest Quarter of Section 4, Township 3 North, Range lEast
of the Boise Meridian, Ada County, Idaho, more particularly described as follows:
Beginning at the a point in the intersection of Eagle Road and Ustick Road, said point
marking the Northwest comer of said Section 4; thence along the centerline of said Ustick Road,
South 89°49'08" East a distance of 664.84 feet; thence South 00°35'55" West a distance of30.00;
thence North 89°49'08" West a distance of 10.00 feet; thence South 00°35'55" West a distance of
25.00 feet; thence South 89°49'08" East a distance of 10.00 feet; thence South 00°35'55" West a
distance of 1235.86 feet; thence South 89°51 '00" East a distance of 105.08 feet; thence South
00°36' 13" West a distance of93.77 feet; thence North 89°51 '00" West a distance of 770.02 feet to a
point on the West line of said Section 4 in the centerline of said Eagle Road; thence along the said
West line of Section 4, North 00°36'13" East a distance of 1385 feet to the Point of Beginning.
Said parcel contains 21.35 acres, more or less
This description was compiled trom infonnation contained in Deed Instrument No.
101056225 and Record of Survey No. 5287 and is not the result of an actual survey made on the
ground.
KENNEVICK/COBBS/JORDAN PROPERTY
A parcel ofland lying in the NE \<\ of the NE \<\ of Section 5, T.3N., RIE., of the Boise
Meridian, and in Government Lot 4, Section 4, T.3N., R.1E., of the Boise Meridian, Ada County,
Idaho, being more particularly described as follows:
Beginning at a point in the centerline of Us tick Road, marking the Northeast Comer of said
Section 5, T.3N., RIE. of the Boise Meridian, Ada County, Idaho, trom which the N \<\ Comer bears
South 89°39'20" West a distance of2656.46 feet; thence along the centerline of Us tick Road (also
the North line ofsaid Government Lot 4) North 89°34'39" East a distance of27.57 feet to a point
marking the centerline intersection of Us tick Road and State Highway 55 (Eagle Road); thence along
ANNEXATION AND ZONING ORDINANCE (AZ-O3-018) - 2
the centerline of State Highway 55 (Eagle Road), South 01 °14'39" West a distance of 402.16 feet to
a point marking the extension of the southerly line of a parcel described in Instrument No. 8719320;
records of Ada County, Idaho; thence along the extension of said southerly line North 84°06'00"
West a distance of 18.94 feet to a point on the East line of said Section 5, said point being located
South 00°00'00" West 400 feet trom the said Northeast Comer of Section 5; thence along said
southerly line North 84°06'00" West a distance of 480.00 feet; thence continuing along said
southerly line, North 81 °54'00" West a distance of 24.72 feet; thence North 01 °05'59" East a
distance of344.18 feet to a point in the centerline of Us tick Road (north line of Section 5); thence
along the North line of said Section 5, North 89°39'20" East a distance of 495.33 feet to the Point of
Beginning.
Said parcel contains 4.48 acres, more or less.
This description was compiled trom deed infonnation and other survey infonnation provided
and is not based on an actual survey made on the ground.
RUWE PROPERTY
A parcel ofland lying in the NE \<\ NE \<\ of Section 5, T.3N., R. IE., B.M., Ada County,
Idaho, said parcel being more particularly described as follows:
Commencing at a found Brass Cap lying along the centerline of Us tick Road and marking the
NE Comer of said Section 5, T.3N., R.1 E., B.M., Ada County, Idaho, said Brass Cap bears
N89°39'20" E. 2656.46 feet trom a found 5/8" iron pin marking the N1!4 Comer of said Section 5,
said Brass Cap also bears NOOOOO'OO" W. 2611.41 feet (formerly 2611.50 feet) trom a found Brass
Cap marking the E1!4 Comer of said Section 5; thence N. 89°34'39" E. 27.57 feet along the
centerline of said U stick Road to a found Brass Cap marking the centerline intersection of said
Ustick Road and State Highway 55 (Eagle Road); thence S. 01 °14'39' W. 679.30 feet along the said
centerline of State Highway 55 (Eagle Road) to a point, said point marking the REAL POINT OF
BEGINNING:
thence continuing along the said centerline of State Highway 55 (Eagle Road), S.OI °14'39"
W. 277.00 feet to a point;
thence N. 83°54'00" W. 150.84 feet to a point;
thence N. 64°11 '00" W. 79.87 feet to a point;
thence S. 89°54'00" W. 200.00 feet to a point;
ANNEXATION AND ZONING ORDINANCE (AZ-O3-018) - 3
thence N. 79007'00" W. 319.00 feet to a point;
thence S. 77006'00" W. 267.75 feet to a point;
thence S. 87006'00" W. 335.19 feet to a point lying on the easterly boundary of Carol's
Subdivision No.2, as recorded in Book 39 of Plats at Pages 3248 and 3249, records of Ada County,
Idaho;
thence N. 00015'11" W. 560.14 feet along the said easterly boundary of Carol's Subdivision
No.2 to a point;
thence S. 71 028' 10" E. 803.90 feet to a point;
thence S. 83054'01" E. 580.46 feet to the point of beginning, containing 10.50 acres, more or
less.
SUBJECT TO ANDIOR TOGETHER WITH:
Any easements or rights of way of record or in use.
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 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 of that certain Development Agreement by and between the City of Meridian and
the owner of the land described in Section 1 dated the 11-1'( dayof )v¡I/l.C/...-.. ,2004, and that
ANNEXATION AND ZONING ORDINANCE (AZ-O3-018) - 4
the uses are to be developed under the planned unit development process and conditional use pennit
process.
SECTION It: All ordinances, resolutions, orders or parts thereofin conflict herewith are hereby
repealed, rescinded and annulled.
SECTION 7: This ordinance shall be in full force and effect Hom and after its passage, approval
and publication, according to law.
SECTION 8: The Clerk of tile 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 comp1iance with Idaho
Code §63-2215 and §50-223.
PASSED BY THE COUNCIL OF THE CITY OF MERIDIAN, IDAHO, this ~ day
of Jïd'J
,2004.
ANNEXATION AND WNING ORDINANCE (AZ-O3-0 18) - 5
AP1ROVED BY THE MAYOR OF THE CITY OF MERIDIAN, IDAHO, tbis ~
day of , \ \ i j ,2004.
ATTEST:
STATE OF IDAHO,)
: ss.
County of Ada
On this 13 ~day of J c--.I 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.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal
the day and year first iÛWxe written.
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ANNEXATION AND ZONING ORDINANCE (AZ-O3-018) - 6
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