HomeMy WebLinkAbout18-1776 Conveyance of Real Property to ACHDADA COUNTY RECORDER Christopher D. Rich 2018-047278
BOISE IDAHO Pgs=12 HEATHER LUTHER 05/23/2018 02:15 PM
CITY OF MERIDIAN, IDAHO NO FEE
CITY OF MERIDIAN ORDINANCE NO.
BY THE CITY COUNCIL: BERNT, BORTON, CAVENER,
MILAM, PALMIER, LITTLE ROBERTS
AN ORDINANCE AUTHORIZING THE CONVEYANCE OF •'' CITY
OWNED REAL PROPERTY TO THE ADA COUNTY HIGHWAY DISTRICT FOR
LAAWWEI) IA1JPW-kW-11--*
DRIVE ADJACENT TO M[ERIDIAN ROAD, A PORTION OF LOT 1, BLOCK 1,
AND A PORTION OF LOT 1, BLOCK 13 OF THE FOTHERGILL POINTE
SUBDIVISION NOA IN THE CITY OF MERIDIAN, ADA COUNTY, IDAHO;
AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE AND ATTEST
ON BEHALF OF THE CITY OF MERIDIAN THE DEED AND OTHER
DOCUMENTS NECESSARY TO COMPLETE THE TRANSACTION;
PROVIDING FOR A WAIVER OF THE READING RULES; AND PROVIDING AN
EFFECTIVE DATE.
WHEREAS, pursuant to Idaho Code 50-1401, the City Council has statutory
authority to sell, exchange, or convey any real property owned by the city which is
underutilized or which isnot used for city public purposes; and,
WHEREAS, when it is determined by the City Council to be in the City's best
interest, the Council may by Ordinance duly enacted, authorize the transfer or conveyance
of the real property to any tax supported governmental entity without compensation; and,
WHEREAS, the proposed transaction would convey certain real property to the
Ada County Highway District for right-of-way purposes; and,
WHEREAS, a public hearing was held at the regular meeting of the Meridian City
Council on May 22, 2018 and at the conclusion of said hearing, the City Council moved to
approve the conveyance, subject to certain terms and conditions, and directed staff to bring
forth this Ordinance authorizing the conveyance.
NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND COUNCIL
OF THE CITY OF MERIDIAN, IDAHO:
Section 1. That a public hearing on the proposed conveyance was held at the May
22, 2018 meeting of the Meridian City Council.
Section 2. That the City Council determined after the public hearing that the
proposed conveyance is in the City's best interest and that the property should be
transferred without compensation to the City.
Section 3. That the City Council has reviewed and approved the legal description
of the proposed right-of-way attached hereto as Exhibit A and incorporated herein.
ORDINANCE AUTHORIZING CONVEYANCE OF PROPERTY - Page I of 6
Section 4. That the Mayor and City Clerk shall be authorized to execute and attest
the Compensation Summary, Temporary Construction Easement, standard form warranty
deeds and any other documents necessary to complete the conveyance authorized by this
Ordinance.
Section 5. That pursuant to the affirmative vote of one-half (1/2) plus one (1) of the
Members of the full Council, the rule requiring two (2) separate readings by title and one
(1) reading in full be, and the same is hereby, dispensed with, and accordingly, this
Ordinance shall be in full force and effect upon its passage, approval and publication.
PASSED by the City Council of the City of Meridian, Idaho, this 22nd day of
May, 2018.
APPROVED by the Mayor of the City of Meridian, Idaho, this 22°x' day of
May, 2018.
W
CITY OF MERIDIAN
-Zz�.
Mayor Ta y de Weerd
EDA
1'91-1V
`t'l
City Cler �p �► 010 U� w
C'►'[ E IDIANI.
.a Z=0
SEAL ")
ORDINANCE AUTHORIZING CONVEYANCE OF PROPERTY - Page 2 of 6
ORDINANCE AUTHORIZING CONVEYANCE OF PROPERTY - Page 3 of 6
Meridian City Council Meeting Agenda May 22, 2018 – Page 326 of 400
ORDINANCE AUTHORIZING CONVEYANCE OF PROPERTY - Page 4 of 6
Meridian City Council Meeting Agenda May 22, 2018 – Page 327 of 400
ORDINANCE AUTHORIZING CONVEYANCE OF PROPERTY - Page 5 of 6
Meridian City Council Meeting Agenda May 22, 2018 – Page 328 of 400
ORDINANCE AUTHORIZING CONVEYANCE OF PROPERTY - Page 6 of 6
Meridian City Council Meeting Agenda May 22, 2018 – Page 329 of 400
Project Name: Meridian Rd., Cherry Ln. to Ustick Rd.
Project No: 516027.001
Name: City of Meridian
R/W Parcel No: 25 & 28
T3N, R1 E, Sec 06
APN:R2904320620 & R2904320010
(Reserved for Ada County Recorder)
WARRANTY DEED
THIS INDENTURE, made this 2.2- day of M , 268), CITY OF MERIDIAN,
an Idaho municipal corporation, the "GRANTOR", and A COUNTY HIGHWAY DISTRICT, a body
politic and corporate of the State of Idaho, the "GRANTEE";
WITNESSETH:
FOR VALUE RECEIVED, the GRANTOR has granted, conveyed, bargained and sold, and does
hereby grant, bargain, sell, convey and confirm to the GRANTEE and its successors and assigns forever,
that certain real property situated in the COUNTY OF ADA, STATE OF IDAHO, more particularly described
on Exhibit "A" attached hereto and by this reference made a part hereof,
TOGETHER with all and singular the buildings, structures, improvements and fixtures thereto, the
tenements, hereditaments and appurtenances thereunto belonging or in anywise appertaining, the
reversion and reversions, remainder and remainders, and rents, issues and profits thereof (the "Premises").
SUBJECT TO those exceptions to title to which this conveyance is expressly made subject, and
those made, suffered or done by the GRANTEE: (a) the GRANTOR covenants to the GRANTEE, its
successors and assigns, that the GRANTEE shall enjoy the quiet and peaceful possession of the Premises;
and (b) GRANTOR warrants to the GRANTEE, its successors and assigns, that GRANTOR is the owner of
said Premises in fee simple and has the right and authority to convey the same to GRANTEE, and
GRANTOR will defend the GRANTEE's title from all lawful claims whatsoever.
The current address of the GRANTEE is:
Ada County Highway District
3775 Adams Street
Garden, Idaho 83714-6499
The Ada County Highway District (ACRD) is committed to compliance with Title VI of the Civil Rights Act of 1964 and related regulations and
directives. ACHD assures that no person shall on the grounds of race, color, national origin, gender, disability or age, be excluded from participation in, be
denied the benefits of, or be otherwise subjected to discrimination under any ACHD service, program or activity.
WD- Pagel of 2
Version: 5/22108
Project Name: Meridian Rd., Cherry Ln. to Ustick Rd.
Project No: 516027.001
Name: City of Meridian
RM Parcel No: 25 & 28
T3N, R1 E, Sec 06
APN:R2904320620 & R2904320010
IN WITNESS WHEREOF, the GRANTOR has caused this instrument to be subscribed
this day of 20 � F)
STATE OF IDAHO )
) ss.
County of Ada )
ATTEST -
C. day Col , CITY CLERK
On this 22 day of HnO 20 before me a Notary Public in and for
said State, personally appeared Tamm de Weerd and C. Jay Coles, known to me to be the Mayor and
Clerk of the City of Meridian, the municipal corporation that executed and attested the within instrument,
and acknowledged to me that they executed the same
IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and
year first above written.
0 to
00*1
Notary PubliVaho
Residing at: , Idaho
My Notary Commission Expires 3 aB arJ9 9 -
My
My Notary Bond Expires 3 - a2 2o22-
The
022
The Ada County Highway District (ACHD) is committed to compliance with Title VI of the Civil Rights Act of 1964 and related regulations and
directives. ACHD assures that no person shall on the grounds of race, color, national origin, gender, disability or age, be excluded from participation in, be
denied the benefits of, or be otherwise subjected to discrimination under any ACHD service, program or activity.
WD - Page 2 of 2
Version: 5/22/08
EXHIBIT
Ada County Highway District
Project No. 516027
Meridian Road — Cherry Lane to Ustick Road
- Parcel 25 -
Right -of -Way Requirement Description
A parcel located in Government Lot 5 of Section 6, Township 3 North, Range 1 East, Boise
Meridian, and being a part of Lot 1 of Block 13 of FOTHERGILL POINTE SUBDIPISIONNo. 1
as shown in Book 65 of Plats at Page 6639 in the office of the Recorder, Ada County, Idaho
more particularly described as follows:
Commencing at a 5/8 inch diameter iron pin marking the southwesterly corner of said
Government Lot 5, from which a brass cap monument marking the northwesterly corner of said
Section 6 bears N 0°17'12" E a distance of 2658.34 feet;
Thence N 0017'12" E along the westerly boundary of said Government Lot 5 a distance of
365.36 feet to a point;
Thence leaving said westerly boundary S 89142'48" E a distance of 40.00 feet to the
southwesterly corner of said Lot 1, said point also being on the easterly right-of-way of Meridian
Road and the POINT OF BEGINNING;
Thence N 0° 17' 12" E along said easterly right-of-way a distance of 28.51 feet to a point;
Thence leaving said easterly right-of-way a distance of 47.04 feet along the arc of a 30.00 foot
radius curve right, said curve having a central angle of 89°50'41" and a long chord bearing
N 45°12'33" E a distance of 42.37 feet to a point on the southerly right-of-way of Woodbury
Drive;
Thence S 89°52'06" E along said southerly right-of-way a distance of 6.87 feet to a point;
Thence leaving said southerly right-of-way S 29047'49" W a distance of 68.59 feet to a point on
the southwesterly boundary of said Lot 1;
Thence N 68029'32" W along said southwesterly boundary a distance of 3.22 feet to the POINT
OF BEGINNING.
This parcel contains 992 square feet (0.023 acres) and is subject to any easements existing or in
use.
Prepare y: Glenn K. Bennett, PLS
Civil Survey Consultants, Incorporated 1
September 23, 2016 ir
.+ 1
4!k of v
M
e
r
i
d
i
a
n
C
i
t
y
C
o
u
n
c
i
l
M
e
e
t
i
n
g
A
g
e
n
d
a
M
a
y
2
2
,
2
0
1
8
–
P
a
g
e
3
3
5
o
f
4
0
0
M
e
r
i
d
i
a
n
C
i
t
y
C
o
u
n
c
i
l
M
e
e
t
i
n
g
A
g
e
n
d
a
M
a
y
2
2
,
2
0
1
8
–
P
a
g
e
3
3
7
o
f
4
0
0
M
e
r
i
d
i
a
n
C
i
t
y
C
o
u
n
c
i
l
M
e
e
t
i
n
g
A
g
e
n
d
a
M
a
y
2
2
,
2
0
1
8
–
P
a
g
e
3
3
8
o
f
4
0
0
M
e
r
i
d
i
a
n
C
i
t
y
C
o
u
n
c
i
l
M
e
e
t
i
n
g
A
g
e
n
d
a
M
a
y
2
2
,
2
0
1
8
–
P
a
g
e
3
3
9
o
f
4
0
0
M
e
r
i
d
i
a
n
C
i
t
y
C
o
u
n
c
i
l
M
e
e
t
i
n
g
A
g
e
n
d
a
M
a
y
2
2
,
2
0
1
8
–
P
a
g
e
3
4
0
o
f
4
0
0
Project Name: Meridian Rd., Cherry Ln. to Ustick Rd.
Project No: 516027.001
Name: City of Meridian
R/W Parcel No: 25 & 28
T3N, R1 E, Sec 06
APN:R2904320620
TEMPORARY CONSTRUCTION EASEMENT
THIS INDENTURE, made this 22- day of , 20L6, CITY OF MERIDIAN, an
Idaho municipal corporation, hereinafter "GRANTOR", and ADA OUNTY HIGHWAY DISTRICT, a body politic
and corporate of the State of Idaho, hereinafter "ACHD";
WITNESSETH:
FOR VALUE RECEIVED, and for the term and uses and on the terms and conditions hereinafter set forth,
GRANTOR does hereby grant to ACHD an easement (the "Easement") under, over, through and across that certain
real property owned by GRANTOR situated in the COUNTY OF ADA, STATE OF IDAHO more particularly
described on Exhibit "A" attached hereto and by this reference made a part hereof (the "Servient Estate").
This grant is made on the following terms:
1. Authorized Uses BV ACHD. ACHD's use of the Easement granted herein shall be in connection
with the construction and improvement of a highway on adjoining and abutting property owned by ACHD
municipally known as Meridian Road and Woodbury Drive, (the "Dominant Estate"), for access and egress for
equipment and vehicles, for construction, excavation, storage of earth and other materials thereon, for surveying,
and for all other reasonable uses that are necessary, advisable or convenient to ACHD in connection with such
highway construction and improvement project, and for ingress and egress to and from the Dominant Estate.
2. Use by Others Under ACRD. ACHD's right to so use the Servient Estate during the term of the
Easement shall extend to use by ACHD's Commissioners, employees, contractors and agents.
3. Term. This Easement shall be for a term commencing on the date of the GRANTOR's execution of
this Indenture and terminating on the completion of the highway construction and improvement project on the
Dominant Estate. On the expiration of the term of this Easement, the rights and privileges granted to ACHD
hereunder shall cease and terminate and this Easement shall be null and void and of no further force and effect.
4. Indemnification. ACHD hereby agrees to indemnify and hold GRANTOR harmless from and
against any and all claims for loss, injury, death and damage caused by or arising out of the use of the Servient
Estate by ACHD, its Commissioners, employees, contractors and agents, hereunder, and including, without
limitation, attorneys fees and costs that might be incurred by GRANTOR in defending any such claims.
5. Restoration on Expiration of Term. As provided on Exhibit "A" hereto, on the expiration of the term
of this Easement the Servient Estate shall be restored by ACHD, at its sole cost and expense, to at least as good a
condition as existing on the date of this Indenture.
TE -1 of2
Project Name: Meridian Rd., Cherry Ln. to Ustick Rd.
Project No: 516027.001
Name: City of Meridian
R/W Parcel No: 25 & 28
T3N, R1 E, Sec 06
APN:R2904320620
6. BindingEffect. This Easement, and the covenants and agreements herein contained, shall, during
the entire term hereof, be binding upon and inure to the benefit of (i) ACHD AND GRANTOR, respectively, and their
successors and assigns, and (ii) their respective interests in the Dominant and Servient Estates.
7. Appurtenant. The Easement herein granted is appurtenant to the Dominant Estate.
TO HAVE AND TO HOLD this Easement unto the ACHD for the term hereinabove set forth.
GRANTOR covenants to ACHD that ACHD shall enjoy the quiet and peaceful possession of the Servient
Estate throughout the term hereof; and, GRANTOR warrants to the ACHD that GRANTOR is lawfully seized and
possessed of the Servient Estate and has the right and authority to grant this Easement to ACHD.
IN WITNESS WHEREOF, this Temporary Construction Easement has been duly executed by the parties,
the day, month and year herein first above written.
CITY OF MERIDIAN, an Idaho municipal corporation:
OaYT ED A VGA
Tammy de W _
yor
E
C-�►'[ (�
ty of
MaIDIANIt—
-4 IDAHO
M S
� EAL
�
City Clerk
ADA COUNTY HIGHWAY DISTRICT:
David Serdar
Right -of -Way Supervisor
Renee Jayo
Sr. Right -of -Way Agent
NO ACKNOWLEDGEMENT NEEDED. THIS EASEMENT IS NOT TO BE RECORDED
TE-2of2
M
e
r
i
d
i
a
n
C
i
t
y
C
o
u
n
c
i
l
M
e
e
t
i
n
g
A
g
e
n
d
a
M
a
y
2
2
,
2
0
1
8
–
P
a
g
e
3
3
0
o
f
4
0
0
Project Name: Meridian Rd., Cherry Ln. to Ustick Rd.
Project No: 516027.001
Name: City of Meridian
RNV Parcel No: 25 & 28
T3N, R1 E, Sec 06
APN:R2904320620 & R2904320010
COMPENSATION SUMMARY
PARCEL 25: NO COMPENSATION per interagency government agreement
Fee Acquisition: 992 sf
Temporary Construction Easement: 674 sf
DAW'GI ')A -
Fee Acquisition: 2,615 sf (total buyout)
TotalCompensation............................................................................................ $0.00
ACHD WILL PROVIDE CONSTRUCTION FEATURES AS SHOWN ON THE RIGHT-OF-WAY PLANS DATED
July 6, 2017, SHEETS 9 and 18 of 30 AND AS LISTED BELOW:
***Access Points as depicted on the plan sheets are subject to change upon redevelopment or as traffic
safety conditions warrant.***
Negotiated Items: None
Seller's disclosure of hazardous materials:
(1) None — 66 -- (Seller's Initials); or
(2) Seller's Disclosure:
Property Re
Seller:
aIT MW
Date S/ aal ���
----- -----
Tam y d 11eerd, Mayor
Seller: _= �U/�L ------------- Date
Jay les, City Clerk
ACHD:
ACHD:
Renee Jayo, Sr. Right -of -Way Agent
David Serdar, Right -of -Way Supervisor
Date
Date
Page 1 of 1
M
e
r
i
d
i
a
n
C
i
t
y
C
o
u
n
c
i
l
M
e
e
t
i
n
g
A
g
e
n
d
a
M
a
y
2
2
,
2
0
1
8
–
P
a
g
e
3
4
3
o
f
4
0
0
M
e
r
i
d
i
a
n
C
i
t
y
C
o
u
n
c
i
l
M
e
e
t
i
n
g
A
g
e
n
d
a
M
a
y
2
2
,
2
0
1
8
–
P
a
g
e
3
4
4
o
f
4
0
0
M
e
r
i
d
i
a
n
C
i
t
y
C
o
u
n
c
i
l
M
e
e
t
i
n
g
A
g
e
n
d
a
M
a
y
2
2
,
2
0
1
8
–
P
a
g
e
3
4
5
o
f
4
0
0
M
e
r
i
d
i
a
n
C
i
t
y
C
o
u
n
c
i
l
M
e
e
t
i
n
g
A
g
e
n
d
a
M
a
y
2
2
,
2
0
1
8
–
P
a
g
e
3
4
6
o
f
4
0
0
M
e
r
i
d
i
a
n
C
i
t
y
C
o
u
n
c
i
l
M
e
e
t
i
n
g
A
g
e
n
d
a
M
a
y
2
2
,
2
0
1
8
–
P
a
g
e
3
4
7
o
f
4
0
0
M
e
r
i
d
i
a
n
C
i
t
y
C
o
u
n
c
i
l
M
e
e
t
i
n
g
A
g
e
n
d
a
M
a
y
2
2
,
2
0
1
8
–
P
a
g
e
3
4
8
o
f
4
0
0
M
e
r
i
d
i
a
n
C
i
t
y
C
o
u
n
c
i
l
M
e
e
t
i
n
g
A
g
e
n
d
a
M
a
y
2
2
,
2
0
1
8
–
P
a
g
e
3
4
9
o
f
4
0
0
M
e
r
i
d
i
a
n
C
i
t
y
C
o
u
n
c
i
l
M
e
e
t
i
n
g
A
g
e
n
d
a
M
a
y
2
2
,
2
0
1
8
–
P
a
g
e
3
5
0
o
f
4
0
0
M
e
r
i
d
i
a
n
C
i
t
y
C
o
u
n
c
i
l
M
e
e
t
i
n
g
A
g
e
n
d
a
M
a
y
2
2
,
2
0
1
8
–
P
a
g
e
3
5
1
o
f
4
0
0
Meridian City Council Meeting Agenda May 22, 2018 – Page 352
o
f
4
0
0
Meridian City Council Meeting Agenda May 22, 2018 – Page 353
o
f
4
0
0
NOTICE AND PUBLISHED SUMMARY
OF ORDINANCE PURSUANT TO I.C. § 50-901(A)
CITY OF MERIDIAN ORDINANCE NO. 1S- _ 7
AN ORDINANCE AUTHORIZING THE CONVEYANCE OF CERTAIN CITY OWNED
REAL PROPERTY TO THE ADA COUNTY HIGHWAY DISTRICT FOR RIGHT-OF-
WAY PURPOSES LOCATED NORTH AND SOUTH OF WOODBURY DRIVE
ADJACENT TO MERIDIAN ROAD, A PORTION OF LOT 1, BLOCK 1, AND A
PORTION OF LOT 1, BLOCK 13 OF THE FOTHERGILL POINTE SUBDIVISION
NO.1 IN THE CITY OF MERIDIAN, ADA COUNTY, IDAHO; AUTHORIZING THE
MAYOR AND CITY CLERK TO EXECUTE AND ATTEST ON BEHALF OF THE
CITY OF MERIDIAN THE DEED AND OTHER DOCUMENTS NECESSARY TO
COMPLETE THE TRANSACTION; PROVIDING FOR A WAIVER OF THE
READING RULES; AND PROVIDING AN EFFECTIVE DATE.
A full text of this ordinance is available for inspection at City Hall, City of Meridian, 33 East
Broadway Avenue, Meridian, Idaho. This ordinance shall become effective upon the passage
andpublication. J 4�oQ'A'if Auc,sTr,
Mity of Wridian f j ,f �IIIA o
Mayor and City Council L� ► F��
By: C.Jay Coles, City Clerk % SEAL
First Reading: -5'1
Adopted after first reading by suspension of the Rule as allowed pursuant to Idaho Code 50-
902: YES )( NO
Second Reading:
Third Reading: —�
STATEMENT OF MERIDIAN CITY ATTORNEY AS TO ADEQUACY OF SUMMARY
OF ORDINANCE NO. 18 -
The undersigned, William L.M. Nary, City Attorney of the City of Meridian, Idaho,
hereby certifies that he is e legal advisor of the City and has reviewed a copy of the attached
Ordinance No. 18- 70 of the City of Meridian, Idaho, and has found the same to
be true and complete and provides adequate notice to the public pursuant to Idaho Code § 50-
901A (3).
DATED this 7 3 day of May, 2018.
I liam. L.M. Nary
City Attorney
351462 1768709
1 MERIDIAN, CITY OF
33 E. BROADWAY AVENUE
MERIDIAN ID 83642
AFFIDAVIT OF PUBLICATION
STATE OF IDAHO )
)SS.
County of Ada )
Sharon Jessen
of Nampa, Canyon County, Idaho, being
first duly sworn, deposes and says:
1. That I am a citizen of the United States,
and at all times hereinafter mentioned
was over the age of eighteen years, and
not a party to the above entitled action.
2. That I am the Principle Clerk of the
Meridian Press, a weekly newspaper
published in the City of Meridian, in the
County of Ada, State of Idaho; that
the said newspaper is in general
circulation in the said County of
Ada, and in the vicinity of
Meridian, and has been
uninterruptedly published in said
County during a period of seventy-eight
consecutive weeks prior to the first
publication of this notice, a copy of
which is hereto attached.
3. That the notice, of which the annexed is
a printed copy, was published in said
newspaper 1 time(s) in the regular and
entire issue of said paper, and was
printed in the newspaper proper, and not
in a supplement.
That said notice was published the following:
06/01/2018
STATE OF IDAH
County of Canyon
?y
On this 1st day of June in the year of
2018 before me a Notary Public, personally appeared.
Sharon Jessen, known or identified .
to me to be the person whose name is subscribed
to the within instrument, and being by me first
duly sworn, declared that the statements therein
are true, and acknowledge to me that he/she
exec u the same.
Notary Public for Idaho ,
Residing at Canyon County
My Commission expires 06/28/2023
� ..m�p0