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Z - 21-1929 Ordinance (2021-082777) ADA COUNTY RECORDER Phil McGrane 2021-082777 BOISE IDAHO Pgs=8 NIKOLA OLSON 05/26/2021 12:33 PM CITY OF MERIDIAN, IDAHO NO FEE CITY OF MERIDIAN ORDINANCE NO. 21-1929 BERNT, BORTON, CAVENER, BY THE CITY COUNCIL: HOAGLUN, PERREAULT, STRADER AN ORDINANCE(H-2020-0046—GATEWAY AT TEN MILE)FOR ANNEXATION OF A PARCEL OF LAND SITUATED IN THE WEST V2 OF THE SOUTHWEST 1/4, SECTION 11 TOWNSHIP 3 NORTH, RANGE 1 WEST, BOISE MERIDIAN, ADA COUNTY,IDAHO,AS DESCRIBED IN ATTACHMENT"A"AND ANNEXING CERTAIN LANDS AND TERRITORY, SITUATED IN ADA COUNTY, IDAHO, AND ADJACENT AND CONTIGUOUS TO THE CORPORATE LIMITS OF THE CITY OF MERIDIAN AS REQUESTED BY THE CITY OF MERIDIAN; ESTABLISHING AND DETERMINING THE LAND USE ZONING CLASSIFICATION OF 41.284 ACRES OF LAND FROM RUT TO R-40 (HIGH DENSITY RESIDENTIAL)(17.273 ACRES) AND C-G (GENERAL RETAIL AND SERVICE COMMERCIAL)(24.001 ACRES) ZONING DISTRICTS IN THE MERIDIAN CITY CODE; PROVIDING THAT COPIES OF THIS ORDINANCE SHALL BE FILED WITH THE ADA COUNTY ASSESSOR, THE ADA COUNTY RECORDER, AND THE IDAHO STATE TAX COMMISSION, AS REQUIRED BY LAW; AND PROVIDING FOR A SUMMARY OF THE ORDINANCE; AND PROVIDING FOR A WAIVER OF THE READING RULES; AND PROVIDING AN EFFECTIVE DATE. BE IT ORDAINED BY THE MAYOR AND THE CITY COUNCIL OF THE CITY OF MERIDIAN, COUNTY OF ADA, STATE OF IDAHO: SECTION 1. That the following described land as evidenced by attached Legal Description herein incorporated by reference as Exhibit "A" are within the corporate limits of the City of Meridian, Idaho, and that the City of Meridian has received a written request for annexation and re-zoning by the owner of said property, to-wit: GFI—Meridian Investments III, LLC. SECTION 2. That the above-described real property is hereby annexed and re-zoned from RUT to R-40(High Density Residential)and C-G(General Retail and Service Commercial)Zoning Districts in the Meridian City Code. SECTION 3. That the City has authority pursuant to the laws of the State of Idaho, and the Ordinances of the City of Meridian to annex and zone said property. SECTION 4. That the City has complied with all the noticing requirements pursuant to the laws of the State of Idaho, and the Ordinances of the City of Meridian to annex and re-zone said property. SECTION 5. That the City Engineer is hereby directed to alter all use and area maps as well as the official zoning maps, and all official maps depicting the boundaries and the zoning districts of the City of Meridian in accordance with this ordinance. SECTION 6. All ordinances, resolutions, orders or parts thereof in conflict herewith are hereby repealed, rescinded and annulled. Page I of 3 ANNEXATION ORDINANCE—Gateway at Ten Mile(H 2O20-0046) Item#5. 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 effective date of this ordinance, duly file a certified copy of this ordinance and a map prepared in a draftsman manner, including the lands herein rezoned, with the following officials of the County of Ada, State of Idaho, 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. SECTION 9. That pursuant to the affirmative vote of one-half(1/2) plus one (1) of the Members of the full Council,the rule requiring two(2)separate readings by title and one(1)reading in full be, and the same is hereby, dispensed with, and accordingly, this Ordinance shall be in full force and effect upon its passage, approval and publication. PASSED BY THE CITY COUNCIL OF THE CITY OF MERIDIAN, IDAHO, this 25th day of May, 2021 APPROVED BY THE MAYOR OF THE CITY OF MERIDIAN,IDAHO,this 25th day of May, 2021. MAYOR ROBERT E. SIMISON ATTEST: CHRIS JOHNSON, CITY CLERK STATE OF IDAHO, County of Ada ) ss: On this 25th day of May ,2021,before me,the undersigned,a Notary Public in and for said State,personally appeared ROBERT E.SIMISON and CHRIS JOHNSON 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. NOTARY PUBLIC FOR IDAHO RESIDING AT: Meridian,Idaho MY COMMISSION EXPIRES: 3-28-2022 ANNEXATION ORDINANCE—Gateway at Ten Mile(H 2O20-0046) Page 2 of 3 Page 198 Item#5. Exhibit A Annexation and Zoning Legal Descriptions kin 9233 WEST STATE STREET J BOISE,ID 83714 J 208.639.6939 J FAX 208.639.6930 April 20,2020 Project No.:20-005 Legal Description CITY OF MERIDIAN ANNEXATION A parcel of land situated in the West 1/2 of the Southwest 1/4,Section 11,Township 3 North,Range 1 West, Boise Meridian,Ada County,Idaho and being more particularly described as follows: BEGINNING at a found brass cap marking the southwest corner of said Section 11,which bears S00°52'00"W a distance of 2,646.23 feet from a found brass cap marking the West 1/4 corner of said Section 11,thence followingthe westerly line of said Section 11,N00'52'00"E a distance of 1,546,96 feet; Thence leaving said westerly section line,SSB'28'33"E a distance of 48.00 feet to a found 5/8-inch rebar marking the northwest corner of a parcel described as Parcel A of Record of Survey No.6883,(Records of Ada County,Idaho)on the southerly right-of way line of the Union Pacific Railroad; Thence following said southerly right-of-way line,S88'28'33"E a distance of 1,183.65 feet to a found 5/8-inch rebar marking the northeast corner of said Parcel A; Thence leaving said southerly right-of-way line and following the easterly boundary line of said Parcel A, 500'40'38"W a distance of 1,318.22 feet to a found iron pipe; Thence leaving said easterly boundary line,N88'37'58"W a distance of 237.14 feet to a found iron pipe; Thence N00'41'48"E a distance of 5.00 feet to a found iron pipe; Thence N88'37'58"W a distance of 227.97 feet to a found 5/8-inch rebar; Thence S00'40'38"W a distance of 193.32 feet to a found 5/8-inch rebar on the northerly right-of-way line of W.Franklin Road; Thence 500'50'24"W a distance of 30.00 feet to the southerly line of said Section 11; Thence following said southerly section line,N89'09'36"W a distance of 771.48 feet to the BEGINNING. Said parcel contains 41.284 Acres,more or less,and is subject to all existing easements and/or rights-of-way of record or implied. SAL LA&D E� ,'C E N Se0 U�4 a a 6662 Y1� OF F� Y KIVEL qua ENGINEERS J SURVEYORS I PLANNERS www.kmengilp.com Gateway at Ten Mile H-2020-0046 page 1 Page 200 Item#5. km E N G I N E E R I N G October 15,2020 Project No.:20-005 Exhibit A Legal Description for C-G Zone A parcel of land situated in the West 1/2 of the Southwest 1/4 of Section 11,Township 3 North,Range 1 West, Boise Meridian,Ada County,Idaho and being more particularly described as follows: BEGINNING at a found brass cap marking the Southwest corner of said Section 11,which bears S00°52'00"W a distance of 2,646.23 feet from a found brass cap marking the West 1/4 corner of said Section 11,thence following the westerly line of said Section 11,NO0"52'00"E a distance of 1,546.96 feet; Thence leaving said westerly line,588'28'33"E a distance of48.00 feet to a found 5/8-inch rebar marking the Northwest corner of a parcel of land described as Parcel A of Record of Survey No.6883,on the southerly right-of-way line of the Union Pacific Railroad; Thence following said southerly right-of-way line,S88°28'33"E a distance of 643.44 feet; Thence leaving said southerly right-of-way line,S00°52'00"W a distance of306.93 feet; Thence N89°06'49"W a distance of 19.91 feet, Thence 576"01'35"W a distance of 203.26 feet; Thence S00°52'00"W a distance of 497.48 feet, Thence 397.66 feet along the arc of a circular curve to the left,said curve having a radius of 250.00 feet,a delta angle of 91°08'14",a chord bearing of S44°42'07"E and a chord distance of 357.04 feet; Thence S89°09'12"E a distance of 505.25 feet to the easterly boundary line of said Parcel A; Thence following said easterly boundary line,S00°40'38"W a distance of 218.18 feet to a found iron pipe; Thence leaving said easterly boundary line,N88"37'58"W a distance of 237.14 feet to a found iron pipe; Thence NOO'41'48"E a distance of 5.00 feet to a found iron pipe; Thence N88"37'58"W a distance of 227.97 feet to a found 5/8-inch rebar; Thence S00'40'38"W a distance of 193.32 feet to a found 5/8-inch rebar on the northerly right-of-way line of W.Franklin Road; Thence S00°50'24"W a distance of 30.00 feet to the southerly line of said Section 11; Thence following said southerly line,N89°09'36"W a distance of 771.48 feet to the POINT OF BEGINNING. Said parcel contains 24.011 Acres,more or less,and is subject to all existing easements and/or rights-of-way of record or implied. Attached hereto is Exhibit B and by this reference is hereby made a part of. All subdivisions,deeds, records of surveys,and other instruments of record referenced herein are recorded documents of the county in which these described lands are situated in. pL LANO N Sep SG9� 6662 s� �o f'rf OF �OP� F�rlh�r K��R� 9233 West State Street • Boise,Idaho 83714 • 208.639.6939 • kmengllp.com `v I V) Page 201 Item#5. ENGIkm NEE RING October 15,2020 Project No.:20-005 Exhibit A Legal Description for R-40 Zone A parcel of land situated in the West 1/2 of the Southwest 1/4 of Section 11,Township 3 North,Range 1 West, Boise Meridian,Ada County,Idaho and being more particularly described as follows: Commencing at a found brass cap marking the Southwest corner of said Section 11,which bears S00°52'00"W a distance of 2,646.23 feet from a found brass cap marking the West 1/4 corner of said Section 11,thence following the westerly line of said Section 11,N00°52'00"E a distance of 1,539.02 feet; Thence leaving said westerly line,S89°08'00"E a distance of 691.40 feet to the northerly boundary line of a parcel of land described as Parcel A on Record of Survey No.6883,on the southerly right-of-way line of the Union Pacific Railroad and being the POINT OF BEGINNING. Thence following said southerly right-of-way line,S88°28'33"E a distance of 540.21 feet to a found 5/8-inch rebar marking the Northeast corner of said Parcel A; Thence leaving said southerly right-of-way line and following the easterly boundary line of said Parcel A, SOO°40'38"W a distance of 1,100.04 feet; Thence leaving said easterly boundary line,N89°09'12"W a distance of 505.25 feet; Thence 397.66 feet along the arc of a circular curve to the right,said curve having a radius of 250,00 feet,a delta angle of 91°08'14",a chord bearing of N44°42'07"W and a chord distance of 357.04 feet; Thence N00°52'00"E a distance of 497.48 feet; Thence N76°01'35"E a distance of 203.26 feet; Thence S89`06'49"E a distance of 19.91 feet; Thence N00°52'00"E a distance of 306.93 feet to the POINT OF BEGINNING. Said parcel contains 17.273 Acres,more or less,and is subject to all existing easements and/or rights-of-way of record or implied. Attached hereto is Exhibit B and by this reference is hereby made a part of. Ali subdivisions,deeds,records of surveys,and other instruments of record referenced herein are recorded documents of the county in which these described lands are situated in. pL LANos C5 4\GENSE� GPG 6662 A Jf9jF OF It 9233 West State Street Boise,Idaho 83714 • 208.639.6939 • kmengilp.com Page 202 Item#5. Exhibit B Annexation and Zoning Exhibit Maps 10 0 125 250 500 f 11 WEST 1/4 CORNER N SECTION 11 Scale: 1" = 250' I^ Cl! cn Union Pacific Railroad S88'28'33"E 1183.65' LAk�s Legend y5 �CENS£ Gy k Q FOUND IRON PIPE CL 1 662 O FOUND 5/8" REBAR fr -1 I FOUND BRASS CAP CALCULATED POINTOF 0 ti <Y K�H� — — — SECTION LINE BOUNDARY LINE -_! — — ADJACENT BOUNDARY LINE - 14 [!7 N O Z't N co a:N Franklin&Ten Mile Dom rnI LLC r7 LL o c O C) 'ID n Iw En C'I 00 Ui Q b C7 Z m N.T.S. a I o o / U) a \ o I NOO'41'48"E 5.00' 1 0 f 1 LINE TABLE LINE BEARING DISTANCE \ /� i L1 588'28'33'E 48.00 \� o \ - a L2 NBB 37'58"W 237.14 \ POINT OF BEGINNING ^ o L3 N88'37'58"W 227.97 \7ACHD SOUTHWEST CORNER }= - SECTION 11 L4 SO.40-38-W 193.32 y a o L5 SO'50'24-W 30.00 John H. -`` Morton mo x 2 15 14 N89'09'36"W 771.48' W. Franklin Road ' km 4 E N G I N E E R I N G n 9233 WEST STATE STREET 4 BOISE,IDAHO 83716 y PHONE 1208y639-6939 City of Meridian Annexation kmengllp.com W Ada County, Idaho DATE: April 20,2020 O PROJECT: 20-WS SHEET: A portion of the West 1/2 of the SW 1/4,Section 11,T.3 N.,R.1 W.,B.M.,Ada County,Idaho 1 OF 1 Gateway at Ten Mile H-2020-0046 page 1 Page 203 Item#5. ppl LANpS 10 ��y ��INS£40 G�fi 7 11 WEST 1/4 CORNER o ,c SECTION 11 a 6662 i� s9J� 4f `OP�o �F(C Y K HR�� �Llnion Pacific Railroad S88'28'33"E 843.44' � I I I t Franklin&Ten Mile L3 LLC Oo com CD to N d O z"t rn �w aaN 65 W a m rn1 N a LL co o o a x o d o L a V)� C-G o z mp o v' 0 125 250 500 I I Scale: 1" = 250, 0 S89'09'12"E 505.25' L5 o L7 Ln I ��o = POINT OF BEGINNING L8 16 ° >o a SOUTHWEST CORNER rn 8 m SECTION 11 ACHD John H. E 0 Morton o r 5 15 14 N89'09'36"W 771.48' L10Ion — — — w W. Franklin Road E N G I N E E R I N G 9233 WEST STATE STRFEr 0 BOISE,IDAH083714 PHONE I208J639-6939 C-G Zone k—g0p.com Ada County, Idaho DATE: octoher 15,2020 S PROJECT: 20-0cs SHEET: Exhibit B 1 OF 2. A portion of the West 1/2 of the SW 1/4,Section 11,T.3 N.,R.1 W.,B.M.,Ada County,Idaho Page 204 CERTIFICATION OF SUMMARY : William L.M . Nary, City Attorney of the City of Meridian, Idaho , hereby certifies that the summary below is true and complete and upon its publication will provide adequate notice to the public . L**44*�w /. . William L . M . Nary, City Attoi SUMMARY OF CITY OF MERIDIAN ORDINANCE NO. 214929 An ordinance (H-2020 -0046 Gateway at Ten Mile) for annexation of a parcel of land as defined in the map published herewith; establishing and determining the land use zoning classification from RUT zoning district to R40 (high density residential) and C-G (General Retail and Service Commercial) zoning districts ; providing that copies of this ordinance shall be filed with the Ada County Assessor, the Ada County Recorder, and the Idaho State Tax Commission, as required by law; and providing an effective date . A full text of this ordinance is available for inspection at City Hall, City of Meridian, 33 East Broadway Avenue, Meridian, Idaho . This ordinance shall be effective as of the date of publication of this summary. [Publication to include map as set forth in Exhibit B . ] I ANNEXATION ORDINANCE — Gateway at Ten Mile (H 2O20A046) Page 3 of 3 Item#5. 10 NL LAND ! `�WEST 1/4 CORNER 13 SECTION 11Ce o 6662 0 �o I 9lF OF SOP — o — — gUnion Pacific Railroad — �F,L S88'28'33"E 540.21' 1011b��� LI (TlE) POINT OF BEGINNING �F I J I + Franklin&Ten Mile L3 LLC a M 170 o O U2 N _0 (O U`(O h QQl J ll0ilN I T -� C)I a u 00 "'o' cv R-40 0 t7 FCIj N(Nn I Q a Coot z to 0 o to I � 0 CT W 104 13 4 15 14 N89'09'12"W 505.25' a 0 POINT OF COMMENCEMENT x SOUTHWEST CORNER v SECTION 11 N Legend z ® FOUND 5/8" REBAR _ $ FOUND BRASS CAP z 2 CALCULATED POINT — SECTION LINE 0 125 250 500 <a BOUNDARY LINE lam E N G I N E E R I N G - - ADJACENT BOUNDARY LINE Scale: 1" = 250' g 9233WESTSTATE STREET p BD ISE,IDAHO 83714 PHONE(Z08)639-6939 R-40 Zone kmengllp— Ada County, Idaho DATE: October 15,2020 PROJECT: 20-005 SHEET: Exhibit B 5 1 OF 2 A portion of the West 1/2 of the SW 1/4,Section 11,T.3 N.,R.1 W.,B.M.,Ada County,Idaho Page 205