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03-1049 AZ Bear Creek Amd 00-026 (103184139) ADA COUNTY RECORDER J. DAVID NAVARRO , BOISE IDAHO 10130103 11:06 AM DEPUTY Bonnie Oberbillig 11111111111 I REC.O~DED.-REQUEST OF 11111111111111111111111111 Meridian CIIy 103184139 ~~ . / ~'--'- -- CITY OF MERIDIAN ORDINANCE NO, 03- 104 O¡ AN ORDINANCE AMENDING ORDINANCE NO. 03-1033 AN ORDINANCE AMENDING ORDINANCE NO. 03-1033 FINDING THAT CERTAIN LAND TO BE PART OF BEAR CREEK SUBDIVISION, AND THAT BEAR CREEK, LLC ARE OWNERS OF CERTAIN REAL PROPERTY LOCATED AT 2435 SOUTH MERIDIAN ROAD 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 DESCRIPTIONAS DESCRIBED BELOW, BE APART 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 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 (fka Kodiak Development - AZ-00-O26) NOW FOR BEAR CREEK, LLC AZ-99-O1O PAGE I OF 5 A parcel ofland located in the NE \4 of the SE \4 of Section 24 T.3N., R.I W. and the NW \4 of the SW \4 of Section 19, T.3N., R.lE., B.M., Ada County, Idaho more particularly described as follows: BEGINNING at the \4 comer common to said Sections 19 and 24 from which the SE comer of said Section 24 bears South 00°55'37" West, 2661.00 feet; thence along the East-West centerline of said Section 19 South 89°59'45" East, 70.00 feet to a point on the East right-of-way line of Meridian Road (State Highway 69); thence along said East right-of-way line South 02°00'09" West, 191.70 feet; thence North 89°04'23" West, 131.39 feet to a point on the West right-of-way line of Meridian Road (State Highway 69); thence leaving said right-of-way line North 86°18'31" West, 32.96 feet; thence North 89°09'01" West, 1217.23 feet to a point on the West boundary line of the NE \4 of the SE \4 of said Section 24; thence along said West boundary line North 01 °01 '59" East, 159.90 feet; thence leaving said West boundary line North 45°55'40" East, 40.10 feet to a point on the East-West centerline of said Section 24; thence along said East-West centerline South 89°10'38" East, 1286.51 to the Real Point of Beginning, containing 5.98 acres, more or less. SECTION 2: That the above-described real property be, and the same is hereby annexed and made a part ofthe 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 (tka Kodiak Development - AZ-OO-026) NOW FOR BEAR CREEK, LLC AZ-99-010 PAGE 2 OF 5 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 5th day of August, 2003, recorded with the Ada County Recorders Office on the 14th day of August, 2003 under Instrument Number 103137113; the June 2003 Addendum to Development Agreement dated the 2nd day ofJuly,2003, recorded with the Ada County Recorders Office on the 14th day of August, 2003 under Instrument Number 103137112; and the October 2003 Addendum to Development Agreement dated the 21 st day of October, 2003, .,./t recorded with the Ada County Recorders Office on the 30 - day of Oc-h? ~ InstrumentNumber \O~\ßL-\ I.ßß ,2003, under ; and that the uses are to be developed under the planned unit development process and conditional use pennit 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, ANNEXATION AND ZONING ORDINANCE (fka Kodiak Development - AZ-00-026) NOW FOR BEAR CREEK, LLC AZ-99-01 0 PAGE 3 OF 5 including the lands herein annexed, with the following officials of the County of Ada, State ofIdaho, 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 ~ day of ¡<)e--b;>hu- , 2003, APPROVED BY THE MAYOR OF THE CITY OF MERIDIAN, IDAHO, this ~ day of Orb,~ ,2003, ATTEST: ANNEXATION AND ZONING ORDINANCE (tka Kodiak Development - AZ-00-026) NOW FOR BEAR CREEK, LLC AZ-99-0 1 0 PAGE 4 OF 5 STATE OF IDAHO, ) : ss. County of Ada. ) On this 2ZV1d day of Oe:I:ÐbvL , 2003, before me, the undersigned, a Notary Public in and for said State, personally appeared ~DERT % £9~ and WILLIAM G. BERG, JR., known to me to be th.E-=/W.<J çjty Çlerk, res¡Ußtfv'clt, 0 the ITY of Meridian, Idaho, and who executed the within i¡¡Çfitlffient, âr\Cl'fc'itlîôWledged 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. (SEAL) 0...9.N_~~.. ..~OT~.t:,~. .r;:,I"" , . . , , . : ¡ ! : . , , - ~ \ ,I: .. d')J-fDm.'f:~~00 .0.1.7i!öïí1Q~. -...... ßyW,J'L«\ ~~ NOTARY PUBLIC FOR IDAHO d RESIDING AT: Ad.ctto~,~ oJø MY COMMISSION EXPIRES:' - l'lv ()<Ç Z:\Work\M\Merldian\Meridian 15J60MIBear CreekIAZ revised Ord 10 08 OJ.doe ANNEXATION AND ZONING ORDINANCE (fka Kodiak Development - AZ-OO-026) NOW FOR BEAR CREEK, LLC AZ-99-0 1 0 PAGE 5 OF 5 JV LINE TABLE LINE LENGTH BEARING L1 70.00 S89°59'45"E L2 191.70 S02°00'09"W L3 131.39 N89°04'23"W L4 32.96 N86°18'31"W L5 40.10 N45°55'40"E N89°09'01"W 1217.23' ~ I L1~ III~~ L4 L3 ~ S !i II! '" }\\'YWNlCÌ{nIòOrclü1IU1lR tID, o?>- mq ORDINANCE NO. CJ3'-(O33 Kodiak Subdivision Section 24, T3N, R1W & Section 19, T3N, R1E CITY OF MERIDIAN 660 E. WATERTOWER, SUITE 200 MERIDIAN, IDAHO 63642 EDMONDS SCALE:NTS Date: 6130103 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- /0'1" , passed by the City Council ofthe City of Meridian, on the Z I day of Oc..tol?e,f" , 2003, is a true and correct copy of the original of said document which is in the care, custody and control ~K,~,r;:;ity, Clerk of the City of Meridian. ""~:\Of ME%'I'III ", ~' ~ 10:- .::" Ù ol'J'Olt4h 11- /~ .:: .,G ~^ "0- f ~ v ~ JI~,J- STATE OF IDAHO, ) : ss. County of Ada, On this 1-2 day of ~ , 2003, before me, 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) ~...NŠ~'.. o. '----'. .. 0,' ',. : ,/ 0't~J.'~.. _r;:" .::; . . . ' , . . t I . . I I . ~.\ ,Ii .0 ~-!'cJm,~~-~o.o ..-~1i!oi1S:1..O -'...... ShMn\ S~~ Notary Public for Idaho Commission Expires: Lj -7,,1-.--r;¡::; Z:\WorklM\MeridianlMeridian 15360MlllearCreek\Cert Of Clerk revised Oed 10 08 03.doc CERTIFICATION OF THE CITY CLERK OF THE CITY OF MERIDIAN BEAR CREEK, LLC AZ-99-0!0 fka KODIAK DEVELOPMENT PAGE I of!