04-1113 AZ Mussell Corner Sub 03-038 (104153421)
AD1. COUNTY RECORDER J. DAVID NAVARRO AMOUNT .00 5
801 E IDAHO 12/03104 03:08 PM
D. E UTY 80nnle OberbIIliD... 1111111111111111111111111111111111111
liE ORDED-REQUEST OF 104153421
Me .dian City
CITY OF MERIDIAN
ORDINANCE NO. 04- 1113
AN ORDINANCE FINDING THAT, TIM J. MUSSELL AND CAROL M. MUSSELL, HUSBAND
AND WIFE, THE OWNER OF CERTAIN REAL PROPERTY GENERALLY LOCATED ON THE
NORTHEAST CORNER OF KUNA-MERIDIAN ROAD (SH 69) AND VICTORY ROAD, WITHIN
SECTION 19, TOWNSHIP 3 NORTH, RANGE 1 EAST, MERIDIAN, IDAHO, TO BE KNOWN AS
MUSSELL CORNER SUBDIVISION 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 owners of said Property, to-wit:
ANNEXATION AND ZONING ORDINANCE (AZ-03-038 - 1
LEGAL DESCRIPTION
MUSSELL CORNER SUBDIVISION
A parcel ofland for the purpose of annexation, as shown on Record of Survey 3523 and
recorded as Instrument Number 96033828, located in a portion ofthe SW \4 of the SW \4 of
Section 19, Township 3 North, Range 1 East, Boise Meridian, Ada County, Idaho and more
described as follows:
Commencing at an aluminum cap monument marking the NW comer of said SW \4, thence
along the West line of said SW \4 SOo055'37" W a distance of 1330.53 feet to a 5/8 inch
rebar marking the NW comer of said SW \4 ofthe SW \4 and being the POINT OF
BEGINNING.
Thence leaving said West line S89°59'45" E a distance of232.00 feet to a 5/8 inch rebar;
Thence along the arc of a curve to the left having a radius of 655.00 feet, an arc length of
438.43 feet, a central angle of38°21 '02", and a chord bearing S31 °17'57" E a distance of
430.29 feet to a 5/8 inch rebar;
Thence S50028'28" E a distance of 558.77 feet to a 5/8 inch rebar;
Thence S53°05'22" E a distance of285.31 feet to a 5/8 inch rebar on the East line of said SW
\4 of the SW \4;
Thence along said East line SOo046'12" W a distance of 435.31 feet to a 5/8 inch rebar
marking the SE comer of said SW \4 ofthe SW \4;
Thence leaving said East line and along the South line of said SW \4 of the SW \4
S89°59'08" W a distance of 1130.34 feet to an aluminum cap monument marking the SW
comer of said SW \4 of the SW \4;
Thence leaving said South line and along said West line NOO055'37" E a distance of 1330.37
feet to the POINT OF BEGINNING.
Said parcel contains 23.52 acres more or less and is subject to all existing easements and
rights-of-ways of record or implied.
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).
ANNEXATION AND ZONING ORDINANCE (AZ-O3-038 - 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 ofthat certain Development Agreement by and between the City of Meridian and
the owner of the land described in Section 1 dated the /7'1'þ day of ,A/PVI!""~, 2004, and that
the uses are to be developed under the planned unit development process and conditional use permit
process.
SECTION 6: AIl 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 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 of Idaho, all in compliance with
Idaho Code §63-2215 and §50-223.
ANNEXATION AND ZONING ORDINANCE (AZ-O3-038 - 3
ÃÆSSED BY THE COUNCIL OF THE CITY OF MERIDIAN, IDAHO, this 2 ~ day of
ovøwbv , 2004.
doROVED BY THE MAYOR OF THE CITY OF MERIDIAN, IDAHO, this 2 3 ~ day of
'W./Inb-vv . 2004.
ATTEST:
~-
STATE OF IDAHO,)
: ss.
County of Ada
On this---.21-dayof AJòlJfM6tr ,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, ofthe 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.';'~:'~~:~',,,
.° "",> .... "'l~l> '.
<=" ---" ""? <:.
(SEAL) ! ..,'rl' oTA~ ". \. N AR PUBLIC FOR IDAHO
: i + Y \ *: R SID GAT: e ¡"lOA
i * \ _o-\c: E M MMISSION EXPIRES:
'\ '.. JlUB\..\" Ie 1
z:\w~rk'M\Meri~r","~~i6~~~¿mersubAZ-o3'{)38 PFP.{)3.{)O7 CUP'{)3'{)711AZOrd.doc
"'..11'8 òr \~ ....,
................,
ANNEXATION AND ZONING ORDINANCE (AZ-O3-038 - 4
Dec 29 03 02:51p
PitjAcle En~inee~s.
Inc.
2~997-7791
p.3
,
~
"
,-
r
~
a
0
,/
,
,/
I~
.;;;
1
--,
1/4
24 19
"0' NO. 9"°'"
SO0'5S'37"W 133M3'
þ
z
<
>
~
~
¡;c:
SB.'S.'~'!~
\
\
\
,<;.
\
\
MUSSEL CORNER SUBDIVISION
ANNEXATION LEGAL
A PORT/ON OF THE S11'1/. OF THo S1I'1;. OF SIi'CTION 19
TOWNSHIP 3 NORTH. lIANGE 1 I!AST. BOISß MERIDIAN
ADA COUNTY. IDAHo
2003
~
~
~
5!
)j
1
~
~
'"
"-
"-
a
c.
a
~
I" r
~ I
~
I
,
I
CURVE TABLE
NUMBER LENGTH RAD'US OELTA TANGENT CHORD
C1 438.43' 655.00' 38'21'02" 2 7.78' 430.29'
\
,
"
,
~+, ""-~~,
~~ðr ~...
./, .i;\t>.
"1~ 'P'
~ ""-,
,
À......
CHO¡;O eRG "".þ...,
£31'17' 7"E ~
~~,J"
)
SCALE: I" = 200'
i:
I
,
i I
~
¡
"
¡..r
~
LEGEND
I
I
~;~~ CP&' ~~I;;;-' --
I
1-
I~
,~
1::-
Ii
1
I
-----------------~
It VICTORY ROAD SB"'.'08"W 1150,50'
-----
@
@
BOUNDARY LINE
SECTION LlNF
lOT LINE
ALUMINUM CAP
FOUND 5/8'. REBAR
-------
DETAil FilENAME: PINN A CLE DRAWN BY:
CO36202ANNEX,dwg PMH
CREATION DATE: Engineers, Inc. CHECKED BY:
"", IV. E.~"Ii" Do. 'oil. ,. "'.'. ".h, "'OJ
DECEMBER D3 (2°') .,,- mD KNS
L
-.J