HomeMy WebLinkAbout18-1789 Conveyance and Exchange of Real Property - Water Well 28CITY OF MERIDIAN ORDINANCE NO. I R - 6 O J
L
BY THE CITY COUNCIL: BERNT, BORTON, CAVENER,
MILAM, PALMER, LITTLE ROBERTS
AN ORDINANCE AUTHORIZING THE CONVEYANCE AND EXCHANGE OF
APPROXIMATELY 1,640 SQUARE FEET OF CITY -OWNED REAL PROPERTY
FOR APPROXIMATELY 1,958 SQUARE FEET OF REAL PROPERTY OWNED
BY WOODSIDE HARRIS LLC AT MERIDIAN'S WATER WELL LOT NUMBER
28 BEING A PORTION OF LOTS 16 AND 24, BLOCK I OF BLACKROCK
SUBDIVISION NO. 1 AS SHOWN IN BOOK 96 OF PLATS ON PAGES 12003
THRU 12008, RECORDS OF ADA COUNTY, IDAHO, AND BEING LOCATED IN
THE E V2 OF SECTION 32, TOWNSHIP 3 NORTH, RANGE 1 EAST, BOISE
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 Section 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 is not used for city public purposes; and,
WHEREAS, when it is determined by the City Council to be in the City's best
interest that the property be offered for exchange, the City Council may do all things
necessary to exchange the city -owned property for real property of equal value pursuant to
terms which shall be a matter of public record, pursuant to the procedure set forth in Idaho
Code Section 50-1403; and,
WHEREAS, the City is receiving a net increase in square feet of real property in
the proposed transaction; and,
WHEREAS, the resulting Property Boundary Adjustment as depicted in Exhibit B
would increase the usable size of the City's well lot; and,
WHEREAS, a public hearing was held at the regular meeting of the Meridian City
Council on August 21St, 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
August 21St 2018 meeting of the Meridian City Council.
ORDINANCE AUTHORIZING EXCHANGE OF REAL PROPERTY - Page 1 of 5
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 real property being received
in the exchange (Exhibit A-2) is of equal or greater value as compared to the City's trade
parcel (Exhibit A-1).
Section 3. That the Mayor and City Clerk shall be authorized to execute and attest
a real property exchange agreement and standard form warranty deed and any other
documents necessary to complete the conveyance authorized by this Ordinance.
Section 4. 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 21st day of
August, 2018.
APPROVED by the Mayor of the City of Meridian, Idaho, this 21st day of
August, 2018.
CITY OF MERIDIAN
Mayor Ta y e Weerd
ATTEST:
Qo�P,�ED AUGUST
C.Jay oles, Ci lerk01
o�
J
of
ORDINANCE AUTHORIZING EXCHANGE OF REAL PROPERTY - Page 2 of 5
ORDINANCE AUTHORIZING EXCHANGE OF REAL PROPERTY - Page 3 of 5
EXHIBIT A-1
Legal Description Legal Description Legal Description Legal Description
City of Meridian to Woodside Harris LLC Exchange Parcel City of Meridian to Woodside Harris LLC Exchange Parcel City of Meridian to Woodside Harris LLC Exchange Parcel City of Meridian to Woodside Harris LLC Exchange Parcel
A parcel being a portion of Lots 16 and 24, Block 1 of Blackrock Subdivision No. 1 as
shown in Book 96 of Plats on Pages 12003 thru 12008, records of Ada County, Idaho, and
being located in the E ½ of Section 32, Township 3 North, Range 1 East, Boise Meridian,
Ada County, Idaho, more particularly described as follows:
Commencing at an Aluminum Cap monument marking the southeast corner of the NE ¼
of said Section 32, from which an Aluminum Cap monument marking the northeast corner
of said NE ¼ bears N 0°13’21” E a distance of 2677.54 feet;
Thence N 89°21’39” W a distance of 1556.63 feet to a point marking the southeast corner
of that parcel shown as Parcel B on Record of Survey No. 9866, records of Ada County,
Idaho;
Thence S 0°01’24” E along the prolongation of the easterly boundary of said Parcel B a
distance of 13.46 feet to a point;
Thence leaving said prolongation N 89°40’11” W along the southerly boundary and
prolongation of Lot 24 of said Block 1 of Blackrock Subdivision No. 1 a distance of 150.07
feet to the POINT OF BEGINNING;
Thence leaving said southerly boundary prolongation S 0°00’49” W a distance of 20.00
feet to a point marking the southerly angle point of the southerly boundary of said Parcel
B;
Thence N 89°40’11” W along said southerly boundary and the northerly right-of-way of E.
Taconic Drive a distance of 82.00 feet to a point marking the southwest corner of said
Parcel B and the southeasterly corner of Southern Highlands Subdivision No. 3 as shown
in Book 111 of Plats on Pages 16149 thru 16153, records of Ada County, Idaho;
Thence N 0°00’49” E along the westerly boundary of said Parcel B and the easterly
boundary of said Southern Highlands Subdivision No. 3 a distance of 20.00 feet to a point;
Thence leaving said westerly boundary S 89°40’11” E a distance of 82.00 feet to the
POINT OF BEGINNING.
This parcel contains 1,640 square feet (0.038 acres) and is subject to any easements
existing or in use.
Meridian City Council Meeting Agenda August 21, 2018 – Page 882 of 902
ORDINANCE AUTHORIZING EXCHANGE OF REAL PROPERTY - Page 4 of 5
EXHIBIT A-2
Legal Description Legal Description Legal Description Legal Description
Woodside Harris LLC to the City of Meridian Woodside Harris LLC to the City of Meridian Woodside Harris LLC to the City of Meridian Woodside Harris LLC to the City of Meridian -- -- Exchange Parcel Exchange Parcel Exchange Parcel Exchange Parcel
A parcel being a portion of Lots 16 and 24, Block 1 of Blackrock Subdivision No. 1 as
shown in Book 96 of Plats on Pages 12003 thru 12008, records of Ada County, Idaho, and
being located in the E ½ of Section 32, Township 3 North, Range 1 East, Boise Meridian,
Ada County, Idaho, more particularly described as follows:
Commencing at an Aluminum Cap monument marking the southeast corner of the NE ¼
of said Section 32, from which an Aluminum Cap monument marking the northeast corner
of said NE ¼ bears N 0°13’21” E a distance of 2677.54 feet;
Thence N 89°21’39” W a distance of 1556.63 feet to a point marking the southeast corner
of that parcel shown as Parcel B on Record of Survey No. 9866, records of Ada County,
the POINT OF BEGINNING;
Thence S 0°01’24” E along the prolongation of the easterly boundary of said Parcel B a
distance of 13.46 feet to a point;
Thence leaving said prolongation N 89°40’11” W along the southerly boundary and
prolongation of Lot 24 of said Block 1 of Blackrock Subdivision No. 1 a distance of 150.07
feet to a point;
Thence leaving said southerly boundary prolongation N 0°00’49” E a distance of 12.63
feet to a point marking the northerly angle point of the southerly boundary of said Parcel B;
Thence S 89°59’15” E along said southerly boundary a distance of 150.06 feet to the
POINT OF BEGINNING.
This parcel contains 1,958 square feet (0.045 acres) and is subject to any easements
existing or in use.
Meridian City Council Meeting Agenda August 21, 2018 – Page 883 of 902
ORDINANCE AUTHORIZING EXCHANGE OF REAL PROPERTY - Page 5 of 5
EXHIBIT B
Meridian City Council Meeting Agenda August 21, 2018 – Page 884 of 902
NOTICE AND PUBLISHED SUMMARY
OF ORDINANCE PURSUANT TO LC, § 50-901(A)
CITY OF MERIDIAN ORDINANCE NO, 18-1789
An Ordinance Authorizing The Conveyance And Exchange Of Approximately 1,640 Square
Feet Of City -Owned Real Property For Approximately 1,958 Square Feet Of Real Property
Owned By Woodside Harris LLC At Meridian's Water Well Lot Number 28 Being A Portion of
Lots 16 And 24, Block 1 Of Blackrock Subdivision No. 1 As Shown In Book 96 Of Plats On
Pages 12003 Thru 12008, Records Of Ada County, Idaho, And Being Located In The E '/2 Of
Section 32, Township 3 North, Range 1 East, Boise 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
and publ'cation. 4��QoRpTEDgUG�s!
city of Mer'd an
may and Council
By: C.Jay Coles, City Clerk
r, c•��y..r w
E IDIAN*
SEAL
First Reading; R��the TREASV��
Adopted after fir t reading by suspension of the Rule as allowed pursuant to Idaho Code 50-
902: YES A NO
Second Reading:
Third Reading:
STATEMENT OF MERIDIAN CITY ATTORNEY AS TO ADEQUACY OF SUMMARY
OF ORDINANCE NO. 18-1789
The undersigned, William L.M. Nary, City Attorney of the City of Meridian, Idaho,
hereby certifies that he is the legal advisor of the City and has reviewed a copy of the attached
Ordinance No. 18- 1 % �' � 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 day of August, 018 %
William. L.M. Nary
City Attorney
ORDINANCE SUMMARY FOR THE CONVEYANCE OF REAL PROPERTY EXCHANGE AT WELL LOT 28
351462 1805163
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 w blishect the following:
08/31/2018
ST OF IDAH
County of Canyon)
On this 31st day of August 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
ex u d the same.
Notary Public for Idaho/d
Residing at Canyon County ` >
My Commission expires 06/28/2023 C s ;�OTA,,?k %
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0HO ��
AFFIDAVIT OF PUBLICATION
351462 1805163 STATE OF IDAHO )
)SS.
1 MERIDIAN, CITY OF County of Ada )
33 E. BROADWAY AVENUE Sharon ]essen
MERIDIAN ID 83642 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
— Y
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
r '¢
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:
08/31/2018
LEGAL NOTICE
�� •i
NOTICE A PURSUANT TO IC 4'A Op 0,G RDINANCE
CITY OF MERIDIAN • ORDINANCE NO. 1e-1700
STATE OF IDAH
so Ordinance Authortlb The Conveyance And Exchange
Approximalety i 6J0 Sphere Feet OI Cny-Orated Real
1,958 S4vara Feel d Real Prop-
County of Canyon
roperty Fa Approxlmatey
tyOwned By Woodside Harris LLC At Meadian s Water
SubdNisbn Non1 As Shtown8in Book 96 OI
Of B a Number
r
On this 10th day of June in the year of
gegeek
ahs°And tdeirg Lu°area oTha ERS �Of`S foAr1d32, Totm-
2019 before me a Notary Public, personally appeared.
North, Ragnge 1 East. BOise Meridian, Ada County,
na�lpvht
j,¢Sj On 8 h �I ThBMC"rOi MeriC'To a e%
Sharon Jessen, known or identified
OI
r Documents Neco.ary To COmpleto'Ihe Transaction; Pro-
kingFOrAWalverOfTheReamngRuies;NtdProNmhill
to me to be the person whose name is subscribed
3feOtive Date.
A tun text of this Ordinance Is available for inspoctlon at City
fall qty pf Meridian, 39 East Bma".y Avenue, NNeaman'
daho. s ordinance shelf become eflec8ve upon e pas-
to the within instrument, and being by me first
sage art publication.
duly sworn, declared that the statements therein
City of M.1d,an
Mayor and City Councn
ey:CJayColes, City Clark
are t 9, and acknowledge to me that he/she
FTrsl Reamng: OB-21.20In1g8 p
to Wah�o scoria 60.902: YES:
ex u o d the same,
as apnowed'pursruanl
Second Readi WA
Third Reading'
STATEMENT OF MERIDIAN CRY ATTORNEY AS TO
ADEQUACY OF SUMMARY OF ORDINANCE NO. 1yy8.10.709
Iheolo9al
GiN f the
of MerMW eldaro016are'cy canis Mat heIs
City Of file attached
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Residing at Canyon County
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DATED BNa23rdday ofAugust,2018.
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My Commission expires 06/28/2023 •:. - ®®
WIN m. LM. Nary. City Attorney
,805163
2018
op. 'OI✓B41G
August 31,
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