03-1053 AZ Kelly Creek Sub 03-013 (103181096)
ADA COUNTY RECORDER J. DAVID NAVARRO 10
BOiSE 10AHO 10124/03 01:40 PM
DEPUTY Bonnie Oberbillig
~~~i~~a~Eg~REQUEST OF 1111111111111111111111111111111111111
AMOUNT .00 103181096
CITY OF MERIDIAN
ORDINANCE NO, 03-~
AN ORDINANCE FINDING THAT, KEVIN HOWELL, KELLY AND BRENDA FULFER, JACK
FULFER, RANDALL AND TANYA CALKINS, AND KEVIN HOWELL CONSTRUCTION, THE
OWNERS OF CERTAIN REAL PROPERTY GENERALLY LOCATED AT THE NORTHWEST
CORNER OF LINDER AND McMILLAN ROADS, MERIDIAN, IDAHO, TO BE KNOWN AS
KELLY CREEK SUBDIVISION AND WHICH LIES CONTIGUOUS OR ADJACENT TO THE CITY
LIMITS OF THE CITY OF MERIDIAN, COUNTY OF ADA, STATE OF IDAHO; HAVE 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), LIMITED OFFICE DISTRICT (L-O), AND GENERAL RETAIL
AND SERVICE COMMERCIAL DISTRICT (C-G) 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: Thatthe 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 owners of said Property, to-wit:
ANNEXATION AND ZONING ORDINANCE (AZ-03-013)
PAGE 1 OF 7
FULFER PARCEL DESCRIPTION
The South Y2 ofthe Southeast Y. of Section 26, Township 4 North, Range I West, Boise
Meridian, Ada County, Idaho, and more particularly described as follows:
COMMENCING at a found 5/8" iron pin (no cap), marking the Southeast comer of Section
26, the POINT OF BEGINNING;
thence along the Southerly boundary of Section 26, North 89°28'38" West, 2,625.53 feet to a
found 5/8" iron pin with plastic cap stamped "HUBBLE PLS 4998", marking the South Y. comer of
said section;
thence along the Westerly boundary of the Southeast Y. of Section 26, North 00°37'07" East,
1,330.30 feet to a found 5/8" iron pin (no cap), marking the Center-South III 6th comer of said
section;
thence along the Northerly boundary ofthe South Y2 of the Southeast Y. of Section 26, South
89°13 '39" East, 2,620.84 feet to a found 5/8" iron pin with plastic cap stamped "HUBBLE PLS
4998", marking the South 111 6th comer of said section;
thence along the Easterly boundary of Section 26, South 00°24'54" West, 1,318.88 feet to the
POINT OF BEGINNING.
Said parcel contains 79.77 acres (3,474,619.61 square feet), 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.
ANNEXATION AND ZONING ORDINANCE (AZ-03-013)
PAGE 2 OF 7
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), Limited Office
District (L-O), and General Retail and Service Commercial (C-G).
FULFER DEVELOPMENT - R-8 ZONING PARCEL DESCRIPTION
That portion of the South Y2 of the Southeast y., of Section 26, Township 4 North, Range I
West, Boise Meridian, Ada County, Idaho, more particularly described as follows:
COMMENCING at a found 5/8" iron pin marking the Southeast corner of Section 26, from
which a found 5/8" iron pin marking the South Y. comer of said Section bears North 89°28'38"
West, 2,625.53 feet; thence along the Southerly boundary of Section 26, North 89°28'38" West,
600.70 feet to the POINT OF BEGINNING;
thence continuing along said boundary, North 89°28'38" West, 1,324.45 feet;
thence leaving said boundary North 00°34'05" East, 424.65 feet;
thence South 80°37'07" West, 436.64 feet;
thence North 89°22'53" West, 270.00 feet to the Westerly boundary of the South Y2 of the
Southeast Y. of Section 26;
thence along said boundary, North 00°37'07" East, 980.30 feet to the Northwest corner
thereof;
thence South 89°13'39" East, 2,620.84 feet to the Northeast comer of the South Y2 of the
Southeast Y. of Section 26;
thence along the Easterly boundary of said Section, South 00°24'54" West, 897.75 feet;
thence leaving said boundary, North 89°35'06" West, 600.70feet;
ANNEXATION AND ZONING ORDINANCE (AZ-03-013)
PAGE 3 OF 7
thence South 00°24'54" West, 420.00 feet to the POINT OF BEGINNING.
Said parcel contains 67.976 acres (2,961,013 square feet), more or less.
FULFER DEVELOPMENT - CoG ZONING PARCEL DESCRIPTION
That portion ofthe South Y2 of the Southeast Y. of Section 26, Township 4 North, Range I West,
Boise Meridian, Ada County, Idaho, more particularly described as follows:
COMMENCING at a found 5/8" iron pin marking the Southeast comer of Section 26, the POINT
OF BEGINNING, from which a found 5/8" iron pin marking the South Y. comer of said Section bears
North 89°28'38" West, 2,625.53 feet;
thence along the Southerly boundary of Section 26, North 89°28'38" West, 600.70 feet;
thence North 00°24'54" East, 420.00 feet;
thence South 89°35'06" East, 600.70 feet to the Easterly boundary of the South Y2 of the
Southeast Y. of Section 26;
thence along said boundary, South 00°24'54" West, 421.13 feettothePOINT OF BEGINNING.
Said parcel contains 5.800 acres (252,633 square feet), more or less.
FULFER DEVELOPMENT - L-O ZONING PARCEL DESCRIPTION
That portion of the South Y2 of the Southeast Y. of Section 26, Township 4 North, Range I
West, Boise Meridian, Ada County, Idaho, more particularly described as follows:
ANNEXATION AND ZONING ORDINANCE (AZ-03-013)
PAGE 4 OF 7
COMMENCING at a found 5/8" iron pin marking the Southeast comer of Section 26; thence
North 89°28'38" West, 2,625.53 feet to the South Y. comer of Section 26, the POINT OF
BEGINNING;
thence along the Westerly boundary of the Southeast Y. of Section 26, North 00°37'07" East,
350.00 feet;
thence leaving said boundary, South 89°22'53" East, 270.00 feet;
thence North 80°37'07" East 436.64 feet;
thence South 00°34'05" West, 424.65 feet to the Southerly boundary of the Southeast Y. of
Section 26;
thence along said boundary, North 89°28'38" West, 700.38 feet to the POINT OF
BEGINNING.
Said parcel contains 5.991 acres (260,974 square feet), more or less.
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 I dated the J 1* day of Ðc~ ,2003, and that
the uses are to be developed under the planned unit development process and conditional use permit
process.
ANNEXATION AND ZONING ORDINANCE (AZ-03-013)
PAGE 5 OF 7
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 ofthe 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 ofIdaho, all in compliance with Idaho
Code §63-2215 and §50-223.
PASSED BY THE COUNCIL OF THE CITY OF MERIDIAN, IDAHO, this ---.!L day of
Dc+mur ,2003,
APPROVED BY THE MAYOR OF THE CITY OF MERIDIAN, IDAHO, this ~ day of
0 r '\xhvr , 2003.
ATTEST:
Adopted after first reading by suspension of the Rule as allowed pursuant to Idaho Code 50-
902 Yes:~ No:-
Second Reading:
Third Reading:
STATE OF IDAHO,)
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County of Ada)
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On this ~¿; day of uC-to~ ,2003, before me, the undersigned, a Notary
Public in and for said State, personally appeared ~~ C~.J~jI1d WILLIAM G. BERG, JR., known
to me to be Jþ.~.~and ~ Clerk, respectively, b e N 0 Nrérìâian, Idaho, and who executed the
within instf¡¡ffi"&¥,a&ilP£~owtedged 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.
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MY COMMISSION EXPIRES:~D$
ANNEXATION AND ZONING ORDINANCE (AZ-03-013)
PAGE 7 OF 7
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ORDINANCE NO. 03-/053
Kelly Creek
Section 26, T4N, R1W
CITY OF MERIDIAN
660 E. WATERTOWER, surrE 200
MERIDIAN. IDAHO 83642
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Date: 10/17103
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ORDINANCE NO. c&:/O'53.
Kelly Creek
Section 26, HN, R1W
CITY OF MERIDIAN
660 E. WATERTOWER, SUITE 200
MERIOIAN, IDAHO 83642
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Data: 10117103
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Date: 10117/03
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ORDINANCE NO. 03jO'S3
Kelly Creek
Section 26, T4N, R1W
CITY OF MERIDIAN
660 E. WATERTOWER, SUITE 200
MERIDIAN, IDAHO 63642
DRAWN BY:SJO
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 ofIdaho
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. 03- 1053 , passed by the
City Council of the City of Meridian, on the 2..1 day of ()c:robu- ,2003, is a true and
correct copy of the original of said document which is in the care, custody and control of the City
Clerk of the City of Meridian. \\\\'\"~\~~~IIIIII
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STATE OF IDAHO, )
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County of Ada,
On this 'tZ- d~. of E>c~ ,in the year 2003, before me,
Ò~ ÒVY\Á;\--"'-... , 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.
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CERTIFICATION OF THE CITY CLERK OF THE CITY OF MERIDIAN
AZ-03-013
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