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881 AZ Penn Station Apartments 00-011 (100063003) Re-Record (101006469)ADD COUNTY RECORDER ilk • s�� V -2001 JA 2 S PM t: 2 7 G(ULCV, R G,UF 7 FH DEPU �JmMNUAN CITY This sheet has been added to document to accommodate recording information. 8�1 ADA COUNTY RECORDER J. DAVID NAVARRO 21}00 AU I 0 PH I: 25 RECORDED- REQUEST OF 1000S3003 CITY OF MERIDIAN ORDINANCE NO. ~¢1 AN ORDINANCE FINDING THAT CERTAIN LAND TO BE KNOWN AS PENN STATION APARTMENTS LIES CONTIGUOUS ORADJACENT TO THE CITY LIMITS OF THE CITY OF MERIDIAN, COUNTY OF ADA, STATE OF IDAHO; AND FINDING THAT THE OWNER HAS MADE A REQUEST FOR ANNEXATION IN WRITING TO THE COUNCIL; AND THAT SAID LAND BE ANNEXED TO THE CITY OF MERIDIAN AND ZONING DESIGNATED MEDIUM HIGH DENSITY RESIDENTIAL DISTRICT (R-15); 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 CLERI(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 annex~ation to the City of Meridian, Idaho, by the owner of said Property to-wit: ANNEXATION AND ZONING ORDINANCE (AZ-00-011) - 1 A portion of the northeast quarter of the northeast quarter of Section 7, Township 3 North, Range 1 East, Boise Meridian, Ada County, Idaho, being more particularly described as follows: Commencing at the northeast comer of said Section 7; thence S00°00'00'' W, 1,325.00 feet along the easterly boundary of said Section 7; thence S89°42'00'' W, 659.60 feet to the easterly boundary of Danbury Fair Subdivision No. 2, as shown on the official plat thereof on file in the office of the Ada County Recorder, thence N00°05'00'' W, 165.00 feet along the easterly boundary of said Danbury Fair Subdivision No. 2 to the Real Point of Beginning; Thence the: following courses and distances along the boundary of said Danbury Fair Subdivision No. 2; N30°08'00'' :W, 94.00 feet; N43°18'00'' ;W, 66.00 feet; N49°22'00'' W, 131.00 feet; N32°38'00" iW, 73.70 feet; N21°22'00'' !W, .114.70 feet; N29°21'00'' W, 150.00 feet along the northeasterly boundary of said Danbury Fair Subdivision No. 2 and Danbury Fair Subdivision No. 1, as shown on the official plat thereof on file in the office of the Ada County Recorder, to the southeasterly right-of-way of Stonehenge :.Way. Thence N64°18'04'' E, 276.29 feet; Thence N00037'28'' W, 52.48 feet; Thence N71°15'21'' E, 8.16 feet; Thence N83°02'21" E, 36.35 feet; ANNEXATION AND ZONING ORDINANCE (AZ-00-011) - 2 Thence N84°17'21'' E, 69.30 feet;- Thence S00°00'32'' W, 536.16 feet; Thence S89°36'07'' W, 10.25 feet; Thence S01°21'45'' W, 164.30 feet to the Real Point of Beginning. Comprising.3.179 acres, more or less. Subject to easements or right-of-ways of record or apparent. This property is comprised of Ada County tax parcel numbers S 1107110110 and S1107110200. 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 Medium High Density Residential District (R- 15). 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 ANNEXATION AND ZONING ORDINANCE (AZ-00-011) - 3 dated thet l ~1~ day of ]~ tt5 ]~, 2000, and that the uses are to be developed under the planned unit development process and conditional use permit process. 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. ANNEXATION AND ZONING ORDINANCE (AZ-00-011) 4 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 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 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, all in compliance with Idaho Code §63- 2215 and §50-223. PASSED BY THE COUNCIL OF THE CITY OF MERIDIAN, IDAHO, this /~ day of ~~/" , 2000. APPROVED BY THE MAYOR OF THE CITY OF MERIDIAN, IDAHO, this day of ~~ P" , 2000. ATTEST: ~ . ANNEXATION AND ZONING ORDINANCE (AZ-00-011) 5 STATE OF IDAHO,) County of Ada. ) SS. On this /~Z ~ day of ,2000, before me, the undersigned, a Notary Public in and for. d~aidSt&te, uersonally appeared ROBERT D. ~dxt t .T:/~ &-. ~r/'i~ . CORRIE and .... L ...._= ...... ., ~t~ me to be the Mayor and C,ty Clerk of the CITY of Meridian, Idaho, and who executed the within instnuuent, 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: ~-~ MY COMMISSION E~PIRES://-~az~9' MSG~Z:\Work~qCderidian 15360M~enn Station AZ &~Ord ANNEXATION AND ZONING ORDINANCE (AZ-00-011) - 6 CERTIFICATION OF THE CITY CLERK OF THE CITY OF MERIDIAN To: The Recorder, Auditor, Treasurer and Assessor of Ada County, and The State Tax Commission of the State of Idaho I, VgI. LLL~,,~, Citv Clerk, of the City of Meridian, Ada County, State of Idaho, do hereby certify that ~he attached copy of Ordinance No. ~, passed by the City Council of the City of Meridian, on the { ~" day of ~$~-, 2000, is a true and correct copy of the original of said document which is in th~' care, custody and control of the City Clerk of the City of Meridian. STATE OF IDAHO, ) : SS. County of Ada, ) o On this /5~ day of ~ , in the year 2000, before me, ~. ~.,..,..j ~' , a Notary Public, .appeared ~- ....--'~-'~'~'~'~ '" ' ...... me to be the ~ity~{~;k of the City ,,,~,... ~., ,~. ~,..~,,.,,~.,., ~,,vv. or identified to '~/Iaer~n, I~1~o that executed the said instrument, and acknowledged to me that he executed the same on behalf of the City of Meridian. Notary Public for Idaho Commission Expires: ?/-~.~ ~ Station AZ & CUl~CertificationOfClerkOrd CERTIFICATION OF THE CITY CLERK OF THE CITY OF MERIDIAN AZ-00-011 CERTIFICATE OF CLERK OF THE CITY OF MERIDIAN I, the undersigned, do hereby certify: 1. That I am the duly appointed and elected Clerk of the City of Meridian, a duly incorporated City operating under the laws of the State of Idaho, with its principal office at 33 East Idaho, Meridian, Idaho. 2. That as the City Clerk of this City, I am the custodian of its records and minutes and do hereby certify that on the[eS/- day of ]~.t~'~ ,2000, the following action has been taken and authorized: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MERIDIAN, SETTING FORTH CERTAIN FINDINGS AND PURPOSES; AUTHORIZING THE MAYOR TO ENTER INTO, ON BEHALF OF SAID MUNICIPALITY, AN AGREEMENT ENTITLED "DEVELOPMENT AGREEMENT", BY AND BETWEEN THE CITY OF MERIDIAN AND CENTERS CONSTRUCTION, INC., AN IDAHO CORPORATION AND PANGAEA LAND PLANNING. BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE CITY OF MERIDIAN, IDAHO: WHEREAS, it is in the best interests of the City of Meridian to enter into an agreement with CENTERS CONSTRUCTION, INC., AN IDAHO CORPORATION AND PANGAEA LAND PLANNING, denoted as "DEVELOPMENT AGREEMENT", a copy of which is attached hereto marked as Exhibit "A" to this Resolution, the reasons and authority for which are as set forth in said Agreement. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL as follows: 1. The Mayor and Clerk are hereby authorized to enter into and on behalf of the City of Meridian that certain agreement with CENTERS CONSTRUCTION, INC., AN IDAHO CORPORATION AND PANGAEA LAND PLANNING, entitled "DEVELOPMENT AGREEMENT", by and between the City of Meridian and CENTERS CONSTRUCTION, INC., AN IDAHO CORPORATION AND PANGAEA LAND PLANNING, a copy of which is attached hereto marked as Exhibit "A" to this Resolution and to bind this City to its terms and conditions. WII~LIAi~ G. ',, . CITY CLERK STATE OF IDAHO, ) : SS. CoUnty of Ada, ) __On this /X'~ day of~ ,in the year 2000, before me, _x't9 _,fdo_e~_/._~_~ ~ , a Nota~ry Pu..b.lic, appeared -C, MiWmK-4?n4-R., known or identified to me to be the Cit4)*~i'e'r~ of the City of Meridian, Idaho, that executed the said instrument, and acknowledged to me that he executed the same on behalf of the City of Meridian. ,,, .,. (SEAL) ~,~de0~1~1, ~ '~ Notary Public for Idaho ix'{ 4/..o..,? )'~' ~' ~ Commission Expires: Z:XWork~~~~.gn aZ & CUPXCertofClerk Certificate of Clerk (AZ-00-011) - 2 of 2 N SHREVEPORTAVE N SHIRE AVE N PENRI~'I AVE N PENRJTH PLACE N STONEHENGEWAY N ADKINS A~ 536.16' LOCUST GROVE RD