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02-959 AZ Berkeley Square 01-021 (102078395)ADA COUNTY RECORDER J. DAVID NAVARRO A 2002 JL 12 AH I1:33 RECORDED- REO~JEST OF ~ ' , 102078395 MERIDIAN CITY CITY OF MERIDIAN so. AN ORDINANCE FINDING THAT CERTAIN LAND OWNED BY JAILE CENTERS TO BE ICNOWN AS BERKELEY SQUARE SUBDIVISION LOCATED AT 1025 NORTH TEN MILE AND WHICH LIES CONTIGUOUS OR ADJACENT 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 DENSITY RESIDENTIAL DISTRICT (R-8); 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 annexation to the City of Meridian, Idaho, by the owner of said Property to-wit: ANNEXATION AND ZONING ORDINANCE (AZ-01-021) - 1 A parcel of land being a portion of the North 1/2 of the SE 1/4 NE 1/4 of Section 10, Township 3 North, Range 1 West, Boise Meridian, Ada County, Idaho, more particularly described as follows: Commencing at the SE corner of said SE 1/4 NE 1/4, (East 1/4 corner), said corner monumented with a 3 inch diameter brass disk; Thence N. 0025'27'' E., a distance of 664.02 feet, (formerly 664.10 feet), along the east boundary of said SE 1/4 NE 1/4 to the SE corner of said North 1/2 of the SE 1/4 NE 1/4, (SN 1/64 corner), said corner being the POINT OF BEGINNING; Thence N. 89°11'47" W., a distance of 25.00 feet, (formerly N. 89°16'13'' W.), along the south boundary of said North IA of the SE 1/4 NE i/4 to a found 5/8 inch diameter iron pin; Thence continuing along the south boundary of said North 1/2 of the SE 1/4 NE 1/4, N. 89°11'47" W., a distance of 701.00 feet, (formerly N. 89°16'13'' W.), to a found 5/8 inch diameter iron pin; Thence N. 0o25'27'' E., a distance of 300.00 feet parallel with the east boundary of said SE 1/4 NE 1/4 to a found 5/8 inch diameter iron pin; Thence S. 89°11'47" E., a distance of 701.00 feet, (formerly S. 89°16'13'' E.), parallel with the south boundary of said North 1/5 of the SE 1/4 NE 1/4 to a found 5/8 inch diameter iron pin; Thence continuing S. 89°11 '47" E., a distance of 25.00 feet, (formerly S. 89°16'13" E.), parallel with the south boundary of said North 1/2 of the SE 1/4 NE 1/4 to a point on the east boundary of said SE i/4 NE 1/4; Thence S. 0o25'27'' W., a distance of 300.00 feet along the east boundary of said SE 1/4 NE 1/4 to the POINT OF BEGINNING. This parcel contains 5 acres more or less. Except any portion lying within the right of way of Ten Mile Road. Also, this parcel is subject to all easements and rights-of-way of record or implied. ANNEXATION AND ZONING ORDINANCE (AZ-01-021) - 2 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 Density Residential District (R-8). 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 ! dated the 7'//'~ day of /~ ~zd~ , 2002, and that the uses are to be developed under the planned unit 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. SECTION 8: The Clerk of the City of Meridian shall, within ten (10) ANNEXATION AND ZONING ORDINANCE (AZ-01-021) - 3 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 ~.tt/~_0 day of ~7-~ ,2002. APPROVED BY THE MAYOR OF THE CITY OF MERIDIAN, IDAHO, this dayof ~7'-{~ , 2002. ~-~~~ AT,T~ST: . .~ First Reading: 7~-~-- ~ Z Adopted after first reading b~"~._ ~ S,~,Ot~ Rule as allowed pursuant to Idaho Code 50-902 Yes: ~5 ""'""" Second Reading: Third Reading: STATE OF IDAHO,) : County of Ada. ) SS. ANNEXATION AND ZONING ORDINANCE (AZ-01-021) 4 On this )~ day of ~ ,2002, before me, the undersigned, a Notary Public in and for said State, personally apv" peared ROBERT D. CORRIE and WILLIAM G. BERG, JR., known to me to be the Mayor and City Clerk 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. Z:\Work~Vl~Meridian~en~lh~l$~OM~erkeley Sq Sub AZ01-021 PPO 1-022 CUP01-040VkZOrd.doc NOTARY PUBLIC J~O]~ IDhad-tO RESIDING AT: ~ ~ _(~_t,e~,T/~f c:1:~ MY COMMISSION EXPIRES: ANNEXATION AND ZONING ORDINANCE (AZ-01-021) - 5 '~: bJ z '--0 0 0~8 ,00'00~ (1~ 3"111N N3J. N Z ,00'00£ 3,,Z.~,g~.OON 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, WILLIAM G. BERG, JR., City Clerk, of the City of Meridian, Ada County, State of Idaho, do hereby Certify that the attached copy of Ordinance No. g?~,- ~'~ passed by the City Council of the City of Meridian, on the ~P a,'_~ day of x-7-gcg',~'_ 2002, is a true and correct copy of the original of said document which is in the dfire, custody and control of the City Clerk of the City of Meridian. SS. STATE OF IDAHO, ) County of Ada, ) Onthis...~ da~of ~Mx) ,intheyear ~.O02, ,beforeme, , a Notary Public, appeared WILLIAM G. BERG, JR., known or identified to me to be the City Clerk 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) Notary Public for Idaho Commission Expires: 14 Z:\WorkXdMCClcridian~dMeridian 15360M~erkeley Sq Sub AZ01-021 PP01-022 CUP01-040\CertificationOfClerkOrd.doc CERTIFICATION OF THE CITY CLERK OF THE CITY OF MERIDIAN AZ-01-014