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02-960 AZ Heritage Commons 02-006 (102078396)· ADA COUNTY RECORDER J. OAVlD NAVARRO Zl)i)2 JL 12 I1: 33 RECORDED- RE~, UEST OF 102078396 MERIDIAN CITY CITY OF MERIDIAN AN ORDINANCE FINDING THAT CERTAIN LAND TO BE KNOWN AS HERITAGE COMMONS LOCATED ON THE WEST SIDE OF LOCUST GROVE ROAD BETWEEN EAST MCMILLAN ROAD AND EAST USTICK ROADS OWNED BY EUGENE QUENZER 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 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 follo~ving 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: A parcel of land located in the E ½ of Section 31, T. 4 N., R. 1E., B.M., Ada County, Idaho, more particularly described as follows: Commencing at the ¼ section comer common to Sections 31 and 32 of said T. 4 N., R. 1 E., said point being on the centerline of North Locust Grove Road, also said point being the REAL POINT OF BEGINNING; ANNEXATION AND ZONING ORDINANCE (AZ-02-006) - 1 Thence South 00°31 '35" West, 671.76 feet on the section line common to said Sections 31 and 32; Thence South 89°05'24'' West, 354.28 feet on the northerly boundary of Parcel B of Record of Survey Number 909, recorded as Instrument Number 8632832 of Ada County Records; Thence South 00°30'18" West, 650.71 feet (formerly described as South 0°05'29" East, 650.20 feet) on the westerly boundary of Parcels A and B of said Record of Survey Number 909, to a point on the southerly boundary line of the N ½ of the SE ¼ of said Section 31; Thence North 89°46'10" West, 2290.20 feet on the southerly boundary line of said N ½ of the SE ¼ of Section 31, to the southwest comer of said N ½ of the SE ¼; Thence North 00°45'41'' East, 1329.43 feet on the north-south mid-section line of said Section 31, to the center ¼ section comer of said Sections 31; Thence North 00°41 '44" East, 21.70 feet (formerly described as North, 20 feet, more or less) on the north-south mid-section line of said Section 31, to a point on the centerline of an irrigation ditch; Thence South 89° 15'54" East, 1320.85 feet (formerly described as Southeasterly, 1320 feet, more or less) on the now partially obliterated centerline of an irrigation ditch to a point on the westerly boundary line of the SE ¼ of the NE¼ of said Section 31, said point being on the centerline of an existing irrigation ditch; Thence South 08o35'27'' West, 10.00 feet (formerly described as South 10 feet, more or less) on the westerly boundary line of said SE ¼ of the NE ¼, to the southwest comer of said SE ¼ of the NE ¼; Thence South 89°46'21'' East, 1317.76 feet (formerly described as North 89o37'08'' East, 1320.14 feet) on the east-west mid-section line of said Section 31, to the real point of beginning. Containing 75.78 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 Medium Density Residential District (R-8). ANNEXATION AND ZONING ORDINANCE (AZ-02-006) - 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 of that certain Development Agreement by and between the City of Meridian and the owner of the land described in Section 1 dated the / ~ ~"~-- day of c7-/x~'~ , 2t~6'2.., 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. 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. ANNEXATION AND ZONING ORDINANCE (AZ-02-006) - 3 PASSED BY THE COUNCIL OF THE CITY OF MERIDIAN, IDAHO, this ~- A/~'-~ day of ,2002. APPROVED BY THE MAYOR OF THE CITY OF MERIDIAN, IDAHO, this g t~- day of CITY CLERK ~.~O~t.~ First Reading: Adopted a~er first reading by 9uspe~5~~l~owed p~suant to Iago Code 50- Second Reading: Third Reading: ,2002. STATE OF IDAHO,) : SS. County of Ada. ) On this ~n°Lday of ~ ,2002, before me, the undersigned, a Notary Public in and for said State, personally appeared 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. ANNEXATION AND ZONING ORDINANCE (AZ-02-006) - 4 ~oo'4~.4, 1529.45' L1 Z N A.oCus-r GROVe ~0 S00'30'18"W 650.71' -- soo'.~!;~5"w.~ -- 671.76' F~z 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. 02- ~'b passed by the City Council of the City of Meridian, on the ~_m'.~ day of ~7'°t~'a~, 2002, is a true and correct copy of the ori~nal of said document which is in the care, custOdy and con~r~,,O~,~y Clerk of the City of Meridian. k'~ .~,~ WILL~ G. BERG, JR. STATE OF : SS. County of Ada, ) On this ~0S day of 4~ , in the year ~, before me, ~~ ~~ , a Nota~ Public, appeared WILL~ G. BERG, JR., 1~o~ or identified to me to be the City Cleric of the City of Meridian, Idaho that executed the said inst~ment, and acl~owledged to me that he executed the same on beh~f of the City of Meridian. (SEAL) Notary Public for Idaho Commission Expires: ~ Z:\WorkhM~Vleridian~eridian 15360NhHeritage Commons AZ02-006 PP02-007 CUP02-007~CertificationOfClerkOrd.doc CERTI~CATION OF THE CITY CLERK OF THE CITY OF MERIDIAN AZ-01-014