1985-102 Conditional Annexation & Zoning Claremont34'7
RESOLUTION NO;.' ]:02
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MERIDIAN, IDAHO,
PROVIDING FOR THE CONDITIONAL ANNEXATION AND ZONING OF A PORTION
OF THE NORTHWEST QUARTER OF SECTION 16, AND THE SOUTHWEST QUARTER
OF SECTION 9, BOTH IN TOWNSHIP 3 NORTH, RANGE 1 EAST, BOISE-
MERIDIAN, ADA COUNTY, IDAHO.
WHEREAS, the owners of the land described in Exhibit "A",
which Exhibit is attached hereto and by this reference incorporated
herein as if set forth in full hereat, have requested that the City of
Meridian annex-and zone their property, which request has been presented
to the City by Claremont Development Company and Price Development
Company, hereafter jointly referred to as "Developers";
WHEREAS, it has been requested by the owners and the Developers that
that portion of the land contained in Section l6 be zoned (RSC) Regional
Shopping Center and that portion of the land contained in Section 9 be
zoned (I-L) Light Industrial;
WHEREAS, the City has fully processed the annexation and zoning
request and has prepared and adopted Findings of Fact and Conclusions
pertaining to said annexation and zoning;
WHEREAS, the City and the Developers have entered into a
Development Agreement pertaining to annexation, zoning, and development
of the land;
WHEREAS, it is not in the best interest of the City to finally annex
and zone the property until such time as actual development in the form of a
regional shopping center is imminent and apparent;
WHEREAS, it is likely development would not occur if possible retail
tenants are not assured of municipal services;
WHEREAS, if the land is finally annexed and zoned and yet no
development occurs, it may be in the best interest of the City to de-
annex trhe undeveloped land;
WHEREAS, the action of annexation by a City is a legislative function
and thus may be conditioned upon certain events or occurances; and
.WHEREAS, pursuant to Section 50-222, Idaho Code, annexation can only
be accomplished by means of approval and passage of an ordinance;
NOW THEREFORE, BE IT RESOLVED BY THE MAYOR AND THE CITY COUNCIL OF
THE CITY OF MERIDIAN, IDAHO:
Section 1. That upon compliance with and under the appropriate terms
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and conditions contained in the Development Agreement and in the City Councils'
Findings of Fact and Conclusions on the Claremont Development Company
Annexation and Zoning Application, hereafter referred to as the "Findings",
including but not limited to the payments of $450,000.00 at the time of passage
of this resolution, and application and payment for a building permit fee for a
regional shopping mall containing a minimum of 750,000 square feet within 18 months
of the passage of this resolution, the City of Meridian shall finally annex, by
ordinance, the property described in Exhibit "A" and will .zone that portion of
the land contained in Section 9 (I-L) Light Industrial and that portion of the
land contained in Section 16 {RSC) Regional Shopping Center Business District;
Section 2. That the terms and conditions of the Development Agreement
and the conditions of the Findings shall control and guide the annexation and
zoning, development, and if necessary, de-annexation of the property described
in Exhibit "A";
Section 3. That the property described in Exhibit "A" shall be deemed
to have been annexed and zoned subject to conditions precedent which shall be
those set forth in the Findings at paragraph l9 of the Conclusions, and if
ultimately finally annexed and zoned, shall be subject to de-annexation as
called for in the Development Agreement and the Findings;
Section 4. That if the land is finally annexed by Ordinance, the terms
and conditions set forth in Section 3 shall both be attached to the property
and shall be personal to the Developers; that the above terms and conditions
shall survive the passage of this resolution and any annexation and zoning
ordinance.
Section 5. That it is the intent of this Resolution that the land in
Exhibit "A" be conditionally annexed and zoned by means of this Resolution
and that final annexation and zoning would not occur until such time as an
Ordinance is passed and approved by the City Council.
PASSED BY THE COUrNCIL OF TIC CITY OF MERIDIAN, IDAHO, this
cl~day of~ ~~.~t ll c~ , 1985.
APPROVED
_7
G T P. KINGSFORD, AMAYOR
ATTEST:
a~-°°--~
~ , TY CLERK
34~
Exhibit "A"
CLAREMONT DEVELOPMENT COMPANY INC.
ANNEXATION DESCRIPTION
REGIONAL SHOPPING CENTER EAGLE RD. - I-84
A tract of land in the SW's of Section 9, and the NW's of Section 16, all
in T,3 N., R.1 E., B.M., Ada County, Idaho, more particularly described
as follows:
Commencing at the s®ction corner common to Sections 8, 9, 16 and
17, T.3 N., R.1 E., B.M., Ada County, Idaho;
thence North along the section line common to said Sections 8 and
9, 1298.53 feet to the Real Point of Beginning, said point bears N.89°
56'30"W., 25.00 feet from the southwest corner of COMMERCE PARK SUB-
DIVISION according to the official plat thereof on file in the Ada County
Recorder's Office, Boise, Idaho;
thence North along said section line,-935.55 feet to a point
thence fast, 38.14 feet to the northwest corner of said COMMERCE
PARK SUBDIVISION;
thence N.82°51'14"E. along the boundary line of said COMMERCE
PARK SUBDIVISION, 54.03 feet to a point;
thence S.87®54'18"E, along said boundary line, 435.74 feet to
a point;
thence N.44°07'21"E. along said boundary line, 12.31 feet to
a point;
thence N.88`21'll"E. along said boundary line, 220.15 feet to
a point; •
thence 5.88°28'18"E. along said boundary line, 143.92 feet to
the northwest corner of Lot 4, Block 2, of said COMMERCE PARK
SUBDIVISION;
thence South, 433.61 feet to the southwest corner of said Lot
4;
thence S.89°56'24"E., 285.00 feet to the southeast corner of
said Lot 4;
thence North, 426.28 feet to the northeast corner of said Lot
4;
thence S.88°28'18"E. along the boundary line of said COMMERCE PARK
SUBDIVISION, 371.81 feet to a point;
thence 5.79°29'17"E. along said boundary line, 181.13 feet to
the northwest corner of said COMMERCE PARK SUBDIVISION;
thence South along said boundary line, 888.84 feet to the
southeast corner of said COMMERCE PARK SUBDIVISION, said corner
also being on the north right-of-way line of the Union Pacific
Railroad;
thence Easterly along said n+arth right-of-way line, 956 feet
more or less to a point on the east boundary line of the SE'~SW'~a
of said Section 9;
thence Southerly along the east boundary line of said SE'~aSW'a,
1257 feet more or less to the one-quarter corner common to said
Sections 9 and 16;
thence N.89®20'06"W. along the section line common to said
Sections 9 and 16, 234.24 feet to a point;
thence S,O 04'37"E., 922.84 feet along a line westerly of and
parallel to the easterly boundary line of the NW's of said Section
16;
thence S.85`24'37"E., 235.00 feet to a point on said easterly
boundary line of the NW's of said Section 16;
thence S.O 04'37"E. along said easterly ,boundary line, 1717.87
feet to the southeast corner of said NW's;
thence N.89°14'45"W. along the south boundary line of said
NW's, 1346.64 feet to the southwest corner of the SE~aNW'~ of said
Section 16;
thence Westerly along the south boundary line of the SW'~NW'~a
of said Section 16, 1346 feet more or less to the southwest corner
of said SW'aNW'~;
thence Northerly along the west boundary. line of said SW~aNWW3a,
1326 feet more or less to the northwest corner of said 5W~NW'a;
thence Easterly along the north boundary line of said SW'-~NW'~
1348 feet more or less to the northeast corner of said 5W'=aNW~ and
the southwest corner of the NE'~NW'~ of said Section 16;
thence N.O 18'08"W. along the west boundary line of said
NE'~TW'~, 831 feet more or less to a point;
thence 5.79°21'08"E., 117.09 feet to a point;
50
thence N.) 18'08"W., 516.55 feet along a line easterly of and
parallel to the west boundary line of said NE~NWa to a point on
the north boundary line of said NE'~NW'>a;
thence Westerly along the section line common to Sections 9
and 16, 276 feet more or less to a point which is 1078 feet East of
the southwest corner of the SW's of said Section 9;
thence N. 7`00' W., 1089 feet more or less to a point on the
south right-of-way line of the Union Pacific Railroad, said point
is 945.3 feet East of the west section line of said 9;
thence Northerly, 200 feet to a point on the north right-of-way
Line of said Union Pacific Railroad;
thence Westerly along said north right-of-way line, 945 feet
more or less to the Real Point of Beginning.
Said tract of land contains 200 acres more or less.
RESOLUTION N0. 103
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MERIDIAN, IDAHO,
PROVIDING FOR THE CONDITIONAL ANNEXATION AND ZONING OF A PORTION
OF THE NORTHWEST QUARTER OF THE SOUTHEAST QUARTER SECTION 16, AND
THE SOUTHWEST QUARTER OF SECTION 9, BOTH IN TOWNSHIP 3 NORTH,
RANGE 1 EAST, BOI5E-MERIDIAN, ADA COUNTY, IDAHO.
WHEREAS, the owners of the land described in Exhibit "A",
which Exhibit is attached hereto and by this reference
incorporated herein as if set forth in full hereat, have requested
that the City of Meridian annex and zone their property, which request
has been presented to the City by the owners, hereafter referred to as
"Owners";
WHEREAS, it has been requested by the owners that the land
be zoned (R-8) Residential;
WHEREAS, the City has fully processed the annexation and
zoning request and has prepared and adopted Findings of Fact and
Conclusions pertaining to said annexation and zoning;
WHEREAS, it is not the best interest of the City to finally annex
and zone the property until such time as actual development is
iminent and apparent;
WHEREAS, it is likely development would not occur if possible
lenders and builders are not assured of municipal services;
WHEREAS, the action of annexation by a City is a legislative function
and this may be conditioned upon certain events or occurrances; and
WHEREAS, pursuant to Section 50-222, Idaho Code, annexation can only,
be accomplished by means of approval and passage of an ordinance;
NOW THEREFORE, BE IT RESOLVED BY THE MAYOR AND THE CITY COUNCIL OF THE
CITY OF MERIDIAN, IDAHO:
Section 1. That upon 1) final plat being approved 2) commencement
of construction of water and sewer line extensions to, and in, the property,