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03-1054 AZ Courtyards @ Ten Mile 03-009 (103184143) ADA COUNTY RECORDER J. DAVID NAVARRO BOISE IDAHO 10/30103 11:06 AM DEPUTY Bonnie Oberbillig RECORDED-REQUEST OF 1111111111111111111111111111111111111 Meridian Cily 103184143 AMOUNT .00 CITY OF MERIDIAN ORDINANCE NO. 03- / tl!) 1- AN ORDINANCE FINDING THAT, ANTHONY GARNER AND TRACEY GARNER, THE OWNERS OF CERTAIN REAL PROPERTY GENERALLY LOCATED AT THE SOUTHEAST CORNER OF W. PINE AVENUE AND N. TEN MILE ROAD, MERIDIAN, IDAHO, TO BE KNOWN AS THE COURTYARDS AT TEN MILE 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 HIGH DENSITY RESIDENTIAL DISTRICT (R-15) AND NEIGHBORHOOD BUSINESS DISTRICT (C-N), 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 following described land is contiguous and adjacent to the City of Meridian, Idabo, and that the City of Meridian has received a written request for annexation to the City of Meridian, Idabo, by the owners of said Property, to-wit: LEGAL DESCRIPTION AREA TO BE ZONED RESIDENTIAL R-1S PD THE COURTYARD AT TEN MILE ANNEXATION AND ZONING ORDINANCE (AZ-O3-O09) PAGE I OF6 A parcel ofland located within the Southwest \4 of Section II, Township 3 North, Range I West, B.M., Ada County, Idabo. Being further described as follows: Beginning at a point on the West line of said Southwest \4 from which the west \4 of said Section II bears North 00°42'45" East a distance of 548.49 feet; thence leaving said West line South 89°20'39" East a distance of238.90 feet; thence along a tangent circular curve to the left with a radius of 43.00 feet and a central angle of35°06'15" an arc length of26.35 feet (chord North 73°06'13 East, distance 25.94'); thence North 55°33'06" East a distance of83.08 feet; thence from a tangent which bears North Or21 ' 45" East, along a circular curve to the right with a radius of 15.00 feet and a central angle of 48°11 '23" an arc length of 12.62 feet (chord ~ North 31 °27'26" East, Distance 12.25'); thence North 55°33'07" East a distance of 17.37 feet; thence along a tangent circular curve to the right with a radius of 15.00 feet and a central angle of 48°11 '23" an arc length of 12.62 feet (chord - North 79°38'49" East, Distance 12.25'); thence with a non-tangent line North 55°33 '07" East a distance of 85.76 feet; thence along a tangent circular curve to the left with a radius of 53 .00 feet and a central angle of 54°51 '25" an arc length of50.74 feet (chord - North 28°07'25" East, Distance 48.83'); thence North 00°41 '42" East a distance of 191.37 feet; thence along a tangent circular curve to the left with a radius of28.00 feet and a central angle of 19°14'34" an arc length of 9.40 feet (chord - North 8°55'35" West, Distance 9.36'); thence from a tangent which bears North 72°05'01" West, along a circular curve to the right with a radius of 15.00 feet and a central angle of 47°20'53" an arc length of 12.40 feet (chord- North 48°24'34" West, Distance 12.05; thence North 24°44'08" West a distance of 17.37 feet; thence along a tangent circular curve to the right with a radius of 15.00 feet and a central angle of 48°30'49" an arc length of 12.70 feet (chord - North 0°28'43" West, distance 12.33'); thence from a tangent which bears North 22°29'00" West, along a circular curve to the right with a radius of 82.00 feet and a central angle of 23°29' 47" an arc length of33.63 feet (chord- North 10°44'06" West, Distance 33.39'); thence with a non-tangent line North 00°41'42" East to a point on the north line of said southwest \4 Section II, a distance of 108.16 feet; thence leaving said north line, South 89°20'39" East a distance of 64.68 feet; thence South 00°42'21" West a distance of74.93 feet; thence South 59°36'39" East a distance of 645.83 feet; thence South 41 °28'39" East a distance of260.59 feet; thence North 89°20'39" West to a point on the aforementioned west line of section 11, a distance of 1232.32 feet; ANNEXATION AND ZONING ORDINANCE (AZ-03-009) PAGE 2 OF 6 thence along said west line, North 00°42'45" East a distance of 40.00 feet to the POINT OF BEGINNING. Said parcel contains an area of approximately 6.33 acres. BASIS OF BEARINGS: The west line of the Southwest \4 of said Section 11 taken as South 00°43' 18" West, derived from found monuments. LEGAL DESCRIPTION AREA TO BE ZONED COMMERCIAL CoN THE COURTYARD AT TEN MILE A parcel ofland located within the Southwest \4 of Section 11, Township 3 North, Range 1 West, B.M., Ada County, Idabo. Being further described as follows: BEGINNING at West \4 corner of said Section II thence along the North line of the Southwest \4 of said Section 11 South 89°20'39" East a distance of 431.50 feet; thence leaving said North line South 00°41 '42" West a distance of 108.16 feet; thence from a tangent which bears South 01 °00'47" West, along a circular curve to the left with a radius of 82.00 feet and a central angle of 23°29'47" an arc length of33 .63 feet (chord- South 10°44'06" East, Distance 33.39'); thence from a tangent which bears South 23°46'41" West, along a circular curve to the left with a radius of 15.00 feet and a central angle of 48°30' 49" an arc length of 12.70 feet (chord- South 0°28'43" East, Distance 12.33'); thence South 24°44'08" East a distance of 17.37 feet; thence along a tangent circular curve to the left with a radius of 15.00 feet and a central angle of 47°20'53" an arc length of 12.40 feet (chord - South 48°24'34" East, Distance 12.05'); thence from a tangent which bears South 18°32'51" East, along a circular curve to the right with a radius of28.00 feet and a central angle of 19°14'34" an arc length of 9.40 feet (chord - South 8°55'35" East, Distance 9.36'); thence South 00°41 '42" West a distance of 191.37 feet; thence along a tangent circular curve to the right with a radius of 53.00 feet and a central angle of 54° 5 I '25" an arc length of50.74 feet (chord - South 28°07'25" West, distance 48.83'); thence South 55°33 '07" West a distance of 85.76 feet; thence from a tangent which bears North 76°15'30" West along a circular curve to the left with a radius of 15.00 feet and a central angle of 48°11 '23" an arc length of 12.62 feet (chord- South 79°38'49" West, Distance 12.25'); ANNEXATION AND ZONING ORDINANCE (AZ-03-009) PAGE 3 OF 6 thence South 55033'07" West a distance of 17.37 feet; thence along a tangent circular curve to the left with a radius of 15.00 feet and a central angle of 48011 '23" an arc length of 12.62 feet (chord - South 31027'26" West, Distance 12.25'); thence with a non-tangent line South 55033'06" West a distance of83.08 feet; thence along a tangent circular curve to the right with a radius of 43.00 feet and a central angle of35°06' 15" an arc length of26.35 feet (chord - South 73006' 13" West, distance 25.94'); thence North 89020'39" West, to a point on the west line of said southwest \4 of section II a distance of238.90 feet; thence along said west line North 00042'45" East a distance of 548.49 feet to the POINT OF BEGINNING. Said parcel contains an area of approximately 5.31 acres. BASIS OF BEARINGS: The west line of the Southwest \4 of said Section II taken as South 00043'18" West, derived from found monuments. 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, Idabo. SECTION 3: That the real property herein by this ordinance annexed to the City of Meridian hereinabove described shall be zoned Medium High Density Residential District (R-15) and Neighborhood Business District (C-N). 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 s: 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 ANNEXATION AND ZONING ORDINANCE (AZ-03-009) PAGE 4 OF 6 Meridian and the owner of the land described in Section I dated the 22"!! day of tfJc.f¡; 6eA- , 2003, 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 Idabo, 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 Idabo Code §63-2215 and §50-223. ANNEXATION AND ZONING ORDINANCE (AZ-03-009) PAGE 5 OF 6 PASSED BY THE COUNCIL OF THE CITY OF MERIDIAN, IDAHO, this 29--t!. day of ¿JC/-P~ , 2003. - APPROVED BY THE MAYOR OF THE CITY OF MERIDIAN, IDAHO, this 2i3~ day of em ~ , 2003. - ATTEST: STATE OF IDAHO,) : ss. County of Ada On this~dayof ~ ,2003, before me, the undersigned, a Notary Public in and for said State, personally appeared ~:RI 9, çQI3.R,Œ and WILLIAM G. BERG, JR., known to me to be ~~-ap< ,q!¥.Çlerk, respectivel),'tfì1'ì~o'1:1:t"eridian, Idaho, and who executed the within instl'Ulh'êhÇO,!!fí1f'att,ØJ'ðW1'êã'ged 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 abo~ _.~~.. .. 'õ"-r~-j',?.. QI- - - . Q . ID -:0 l~ :;. -,t$>.-. òr /O./VYì ÕWLo\. ~ (SEAL) : ( \ ': NOTARY PUBLIC FOR IDAHO ~ \, i : RESIDING AT: fi,olå (j)IM1~ .. \ l:>.-lC/O: MY COMMISSION EXPIRES: - 195' ..d'?Ji~~~~. Z:\Work\MlMeridianlM~'"II'¡f'~ourtyards at Ten Mile AZ-OJ-OO9 PP-O3-010 CUP-OJ-O20\AZ0rd.doc ANNEXATION AND ZONING ORDINANCE (AZ-03-009) PAGE 6 OF 6 CURVE TABLE CURVE LENGTH RADIUS DELTA ANGLE CHORD DIRECTION CHORD C1 33.63 82.00 23'29'47" S10.44'O6"E 33.39 C2 12.70 1S.00 48.30'49" SO0"28'43"E 12.33 C3 12.<10 1S.00 47"20'53" S48'24'34"E 12.05 C4 9.40 28.00 19'14'34. S08.55'35"E 9.36 C5 50.74 53.00 54.S1'25" S28'O7'25'\N 48.83 C6 12.62 1S.00 48.11'23" S79"38'49'W 12.25 C7 12.62 1S.00 48.12'23" S31.27'26'W 12.25 C8 26.35 43.00 35'08'15" S73'O8'13"W 2S.94 LINE TABLE LINE LENGTH BEARING L1 108.16 SOO.41'42"W L2 17.37 S24.44'O8"E L3 191.37 SOO.41'42"W L4 85.76 S55.33'O7"W LS 17.37 S55.33'O7"W L6 83.08 S55"33'O6"W K POINT OF BEGINNING W PINE AVE S8~"E 431.50' !U rn I ~II~' I~ co is z C-N a a: UJ ...J ~ Z UJ I- Z ORDINANCE NO. &3-/0S; The Court Yard At Tenmile Section 11, T3N, R1W CITY OF MERIDIAN 660 E. WATERTOWER. SUITE 200 MERIDIAN. IDAHO 83642 UNION PACIFIC RJ SCALE:NTS Date: 9/9103 DRAWN BY:SJO CURVE TABLE CURVE LENGTH RADIUS DELTA ANGLE CHORD DIRECTION CHORD C1 26.35 43.00 35'06'15" N73°06'13'E 25.94 C2 12.62 15.00 48°12'23" N31'27'26"E 12.25 C3 12.62 15.00 48'11'23" N79'38'o g'E 12.25 C4 50.74 53.00 54'51'25" N26°07'25"E 46.83 C5 9.40 26.00 19°14'34" N06°SS'35'W 9.36 C6 12.40 15.00 47°20'53' N48°24'34'W 12.05 C7 12.70 15.00 48'30'49' NOO"26'43'W 12.33 C8 33.63 82.00 23'29'47" N10'44'œw 33.39 \.. "- LINE TABLE LINE LENGTH BEARING L1 63.06 NSS"33'O6"E L2 17.31 NSS"33'O7"E L3 65.76 N55"33'O7'E L4 191.37 Noo041'42'E L5 17.37 N24'44'Q6"W L6 106.16 NOO"41'42"E L7 64.66 Sag"20'3!l'E L6 74.93 SOO"42'41"W L9 40.00 NOO'42'45'E W PINE L7 AVE K POINT OF BEGINNING ( - "'1 S89°20'39"E ~111-238.90' 0 II: LlJ ::::! :2 Z LlJ I- z ilL UNION PACIFIC RAILROAD SCALE:NTS Date: 9/9/00 ORDINANCE NO. &3-/05- The Court Yard At Tenmile Section 11, T3N, R1W CITY OF MERIDIAN 660 E. WATERTOWER. SUITE 200 MERIDIAN, IDAHO 83642 DRAWN BY:SJo CERTIFICATION OF mE 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 ofIdabo I, WILLIAM G. BERG, JR., City Clerk, of the City of Meridian, Ada County, State of Idabo, do hereby certify that the attached copy of Ordinance No, 03- / Of? 4- , passed by the City Council of the City of Meridian, on the :za'f.!- day of tJ~~, 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 ofthe City ofMeridi~IIIIIIIII"",I", "",~ Of M~"'", $"<1' ðDnÐ, '1'-1,.'~ $.cP<U-""~ ~ f ~ () ~ ~Þ~f~' ~ SEAL WfLLIAM G, BERG, JR. -::.,., 1?:: -;; 't1 .:.'ð.D :: ~ 1"A ~r 1S"'i. ~ $ ~v-f ~.:- STATE OF IDAHO, /.:;"", CouNT'/' . 'f>","" : SS.flfl/ "IlIll ,,\1111111' County of Ada, ) On this ~ day of ~, in th. e year 2.DO3 , before me, (kJ'...If--> , a Notary Public, appeared WILLIAM G. BERG, JR., known or identified to me to be the City Clerk of the City of Meridian, Idabo that executed the said instrument, and acknowledged to me that he executed the same on behalf of the City of Meridian. (SEAL) ""'." ...~_N.¡f~.. .~'oT<4,.f~('?". 'Co;)/~ :;. "ø.. : : \ ~ - . I - ~ \ J : ..\ /: '. <I')J,tb.m.\ç.~~o.. ..1~OFiP.~.. -...- JMm~~ Notary Public for Idabo Commission Expires: l.(-2'8-tJ'ð Z:\Work\M\MeridianlMeridian 15360MlThe Courtyards ",Ten MOe AZ.O3-DO9 PP-D3-DIO CUP-D3-DZOICertificationOfClerkOrd.doc CERTIFICATION OF THE CITY CLERK OF THE CITY OF MERIDIAN AZ-03-009 PAGE 1 OF I