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04-1103 AZ Redfeather Estates No.2 03-021 (104129531) 7 ADA COUNTY RECORDER J. DAVID NAVARRO AMOUNT .00 ~~~~WAJ~~~:~0~~~B~3:35 PM 111111111111111111111111111\111111111 RECORDED-REQUEST OF 104129531 MERIDIAN CITY ----- CITY OF MERIDIAN ORDINANCE NO. 04- II tl3 AN ORDINANCE FINDING THAT, HARRY AND FRANCES BRYSON, ALAN AND ELAINE DURKHEIMER, THE MELVIN R. AND NOMA E. SCHRAMMECK TRUST, MELVINA GRANT AND WILL GRANT, THE USTICK 36, LLC, AND ARCHIE RALPH WOOD, WITH PACKARD ESTATES DEVELOPMENT, LLC TO BECOME OWNERS IN MAY OF 2004, THE OWNERS OF CERTAIN REAL PROPERTY GENERALLY LOCATED ON THE SOUTH SIDE OF USTICK ROAD, \4 MILE WEST OF CLOVERDALE ROAD, AND THE EAST SIDE OF EAGLE ROAD/SH 55, \4 MILE SOUTH OF USTICK, MERIDIAN, IDAHO, TO BE KNOWN AS REDFEATHER ESTATES SUBDIVISION NO. 2 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 LOW DENSITY RESIDENTIAL DISTRICT (R-4) AND GENERAL RETAIL AND SERVICE COMMERCIAL DISTRICT (C-G); AND DECLARING THAT SAID LAND, BY PROPER LEGAL DESCRIPTION AS DESCRIBED BELOW, BEA 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-O3-021) - 1 LEGAL DESCRIPTION (SINCE THE PROPERTY IS DUE TO BE SOLD IN MAY 2004 TO PACKARD ESTATES DEVELOPMENT, LLC, THE TOTAL ACREAGE FOR THE R-4 AND CoG PROPERTY LEGALS ARE HEREIN DESCRIBED) R-4 ZONING A parcel ofland consisting of Lots 5, 6, 7, and a portion of Lot 9 of Georgianna Milk's First Subdivision as on file in Book 4 of Plats at Page 178 in the Office of the Recorder for Ada County, Idaho and portions of the SE \4 ofthe NW \4 and the West Y2 of the NE \4 of Section 4, T.3N., R.1E., B.M., Ada County, Idaho and more particularly described as follows: BEGINNING at an iron pin marking the North \4 comer of said Section 4; thence along the North line of said Section 4 South 89°44'17" East 912.63 feet to a point on the East line of Parcel B as shown on Record of Survey No. 3847 in said Office ofthe Ada County Recorder; thence leaving said North line along said East line South 00°48' 17" East 315.41 feet to an iron pin; thence continuing South 89°44'17" East 150.01 feet to an iron pin; thence continuing South 00°48' 17" East 166.95 feet to an iron pin; thence continuing South 65°53'17" East 273.76 feet to an iron pin on the East line of said Government Lot 2; thence along said East line South 00°32'19" West 694.30 feet to an iron pin marking the Southeast comer of said Government Lot 2; thence along the East line of the SW \4 of the NE \4 of said Section 4 South 00°33'46" West 1326.12 feet to an iron pin marking the Southeast comer of said West Y2 of the NE \4; thence along the East-West center of section line of said Section 4 North 89°47'00" West 998.72 feet to the Southwest comer of said Lot 7; thence along the West line of said Lot 7 North 00°36' 46" East 642.69 feet to the Northwest comer of said Lot 7; thence along the North line of Lot 8 of said Georgianna Milk's First Subdivision North 89°48' 16" West 328.56 feet to the Northwest comer of said Lot 8; thence along the West line of said Lot 8 South 00°37'48" West 642.57 feet to an iron pin marking the center of said Section 4; thence along the East-West center of section line of said Section 4 North 89°45'21" West 1329.51 feet to the Southwest comer of said SE \4 of the NW \4 of Section 4; thence along the West line of said SE \4 of the NW \4 North 00°37'36" East 665.34 feet to the Southwest comer of Perkins-Brown Subdivision as on file in Book 25 of Plats at Pages 1562 and 1563 in said Office of the Ada County Recorder; thence along the South line of said Perkins-Brown Subdivision South 89°49'23" East 1309.56 feet to a point; thence continuing North 00°37'48" East 20.00 feet to a point; thence continuing ANNEXATION AND ZONING ORDINANCE (AZ-O3-021) - 2 South 89°49'23" East 20.00 feet to a point on the North-South center of section line of said Section 4 North 00°37' 48" East 638.25 feet to an iron pin marking the Southwest comer of said Government Lot 2; thence continuing North 00°35'08" East 1289.31 feet to the POINT OF BEGINNING; Said Parcel Contains 90.81 Acres, more or less. AND CoG ZONING (8rvsoniSchrammeck Parcel requires a Development Al:!reement) A parcel ofland situated in the NW \4 of Section 4, T.3N., RIE., B.M., Ada County, Idaho and more particularly described as follows: COMMENCING at a brass cap marking the Northwest comer of said Section 4; thence along the West line of said Section 4 South 00°36' II" West 1390.15 feet to the Northwest comer of that Parcel described in Instrument No. 8117732 in the Office of the Recorder for Ada County, Idaho, said point being on a line that is parallel with and 99.00 feet South of the South line of Government Lot 4 of said Section 4 and also being the POINT OF BEGINNING; thence along the boundary of said Parcel along said parallel line South 89°52' 14" East 769.96 feet to a point; thence continuing along a line parallel with said West line of Section 4 North 00°36'11" East 99.00 feet to a point on said South line of Government Lot 4; thence continuing along said South line South 89°52' 14" East 560.11 feet to a point on the West line of Perkins-Brown Subdivision as on file in Book 25 of Plats at Pages 1562 and 1563 in said Office ofthe Ada County Recorder; thence continuing South 00°37'36" West 1212.21 feet to the Southeast comer of said Parcel; thence along the Southwesterly line of said Parcel North 72°58'49" West 99.53 feet to a point; thence continuing North 40°43'49" West 366.30 feet to a point; thence continuing North 85°33'49" West 174.90 feet to a point; thence continuing North 71 °18'49" West 132.00 feet to a point; thence continuing North 34°48'49" West 227.70 feet to a point; thence continuing North 66°18'49" West 264.00 feet to a point; thence continuing South 84°26' 11" West 17.43 feet to the Northeast comer of that Parcel described in Instrument No. 912958 in said Office of the Ada County Recorder; thence along the East line of said Parcel ANNEXATION AND ZONING ORDINANCE (AZ-O3-021) - 3 South 00°36' II" West 218.08 feet to the Southeast comer of said Parcel; thence along the South line of said Parcel North 89°23'49" West 300.00 feet to a point on said West line of Section 4; thence along said West line North 00°36'11" East 459.43 feet to a point on said boundary line of the Parcel described in Instrument No. 8117732; thence along said boundary line South 89°23' 49" East 185.00 feet to a point; thence continuing North 00°36' 11" East 90.00 feet to a point; thence continuing North 89°23'49" West 185.00 feet to a point on said West line of Section 4; thence continuing along said West line North 00°36'11" East 127.83 feet to the POINT OF BEGINNING; Said Parcel Contains 23.70 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 Low Density Residential District (R-4) and General Retail and Service Cornmercial 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 owners of the land described in Section 1 under the CoG zone dated the P .,,~ day of ~+- ,2004, and that the uses are to be developed under the planned unit development process and conditional use permit process. ANNEXATION AND ZONING ORDINANCE (AZ-O3-021) - 4 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 manner plainly and clearly designating the boundaries of the City of Meridian, including the lands herein annexed, with the following officials ofthe 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 §63-22l5 and §50-223. PASSED BY THE COUNCIL OF THE CITY OF MERIDIAN, IDAHO, this Zf?/t'I.-day of ¥i'/envbt---, 2004. - APPROVED BY THE MAYOR OF THE CITY OF MERIDIAN, IDAHO, this Zt3-1b day of d¥kA'h'~2004. - ANNEXATION AND ZONING ORDINANCE (AZ-O3-021) - 5 First Reading: 9- tiJ -tJ1-- Adopted after first reading by suspension of the Rule as allowed pursuant to Idaho Code 50- 902 Yes:~ No:- Second Reading: Third Reading: STATE OF IDAHO,) : ss. County of Ada On this ~ day of .5l'b~f"'~U" , 2004, before me, the undersigned, a Notary Public in and for said State, p~ly 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 written. """""""" "., c.1!. L. /1 '~" ,t~'r;~ ......4rÈr ". I""'. 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