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HomeMy WebLinkAboutReso-Convey ACHD row Real Prop. CITY OF MERIDIAN RESOLUTION NO. BY THE CITY COUNCIL: BIRD, DONNELL, ROUNTREE, WARDLE A RESOLUTION DECLARING THE INTENT OF THE CITY OF MERIDIAN TO CONVEY TO THE ADA COUNTY HIGHWAY DISTRICT FOR RIGHT OF WAY PURPOSES CERTAIN REAL PROPERTY LOCATED ADJACENT TO SETTLERS PARK AT USTICK AND MERIDIAN ROADS IN THE CITY OF MERIDIAN; INSTRUCTING THE CITY CLERK TO ESTABLISH AND NOTICE A HEARING TO REVIEW THE PROPOSED CONVEYANCE; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, whenever the City Council proposes to convey any real property, Idaho Code Section 50-1402 requires a declaration of the City Council setting forth the value or minimum price, if any, it intends to receive as a result of such conveyance or exchange; and, WHEREAS, when it is determined by the City Council to be in the City's best interest that a transfer or conveyance be made, the City Council may, pursuant to the procedure set forth in Idaho Code Section 50-1403, authorize the transfer or conveyance of any real property owned by the City to any tax supported governmental unit; and, WHEREAS, the Ada County Highway District has requested that the City Council of the City of Meridian set a hearing to consider the transfer of certain real property from the City to the District for right of way purposes; and, WHEREAS, following the declaration of intent, the City Clerk shall publish a summary of the action taken by the City Council and provide notice of a public hearing before the City Council at least fourteen (14) days prior to the date ofthe hearing. NOW THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF MERIDIAN CITY, IDAHO: Section 1. That it is hereby declared that the City of Meridian intends to convey to the Ada County Highway District certain real property located at Ustick and Meridian Resolution Declaring Intent to Convey Real Property Page 1 of 2 Roads and legally described on Exhibits "A" and "B" attached to this resolution and incorporated herein by this reference, hereinafter referred to as the "real property." Section 2. That the City of Meridian hereby declares its intention to convey the real property for a total consideration of Two Thousand Five Hundred Dollars ($2,500.00). Section 3. That the City Clerk is hereby instructed to publish a summary ofthis declaration if intent and establish a public hearing date to review the proposal to convey the real property. Section 4. That the City Attomey is hereby instructed to bring forth a proposed Ordinance as required by Idaho Code 50-1403 for the consideration of the City Council at the conclusion of the public hearing. Section 5. That this Resolution shall be in full force and effect immediately upon its adoption and approval. ADOPTED by the City Council of the City of Meridian, Idaho, this ,2005. day of APPROVED by the Mayor of the City of Meridian, Idaho, this ,2005. day of APPROVED: MAYOR ATTEST: CITY CLERK Resolution Declaring Intent to Convey Real Property Page 2 of 2 EXHIBIT "A" . 3130 South Owyhee Street Boise, Idaho 83105-4168 208.342,5400 Fax 208.342.5353 "M,""""""'O,..", Parcel Description A parcel of land located in the SEl/4 of Section 36, Township 4 North, Range 1 West, B.M., as shown on Record of Survey No. 4958, Instrument No. 100030102, Records of Ada County, Idaho, being more particularly described as follows: Commencing at a 3 1/4" alunùnum cap marking the southeast comer of said Section 36, Township 4 North, Range 1 West, B.M.; thence North 89°19'43" West coincident with the south line of said Section 36, being also the cemerJine of Ustick Road, a distance of 82.00 feet; thence North ()()O51 '23" East parallel with the east line of said Section 36 a distance of 25.OQ feet to the north line of the existing right-of-way of said Ustick Road and the POINT OF BEGINNING; thence continuing North 00°51'23" East parallel with the east line of said Section 36 a distance of 23.00 feet to a point 48.00 feet north of the south line of said Section 36; thence South 89' 19' 43" East parallel with the south line of said Section 36 a distance of 20.00 feet; thellce North 45°45'50" East a distance of 35.41 feet to a point 37.00 feet west of the east line of said Section 36 and the centerline of Meridian Road; thence North 00°51 '23" East parallel with and 37.00 feet west of the east line of said Section 36 a distance of 75.00 feel; thence North 06.34'00" East a distance of 120.60 feet to the e)(isting west right-of-way line of said Meridian Road; thence South 00'51 '23" West coincident with the west right~of-way line of said Meridian Road a distance of217.96 feet; thence South 45°41 '36" West a distance of 35.37 feet to a point on the existing north right~of-way line of said Ustick Road; thence North 89° 19'43 West coincident with the existing north right-of-way line of said Ustick Road a distance of 32.06 feet to the POINT OF BEGINNING, The above described parcel contains 3231 sq. fL or 0.0740 acres, more or less and references Record of Survey No. 4958, Instrument No. 100030102, Records of Ada County, 1daho. Prepared by: W & H Pacific, Inc. David S. Short Jr. P.LS End of dcscription. whpacific.com planners surveyors engineers landscape architects ------- . EXHIBIT "B" II .. ..... .-'." 3/30 South Owyhee Street Boise, Idaho 83105-4768 208.342.5400 Fax 208.342.5353 Parcel Description 23 Foot Additional Right-of-Way - Ustick Road A parcel ofland located in the SEII4 of Section 36, Township 4 North, Range 1 West, B,M., as shown on Record of Survey No. 4958, Instrwnent No. 100030102, Records of Ada County, Idaho, being more particularly described as follows: Commencing at a 3 114" aluminum cap marking the southeast comer of said Section 36, Township 4 North, Range 1 West, H.M.; thence North 89°19'43" West coincident with the south line of said Section 36, being also the centerline of Usûck Road, a distance of 82.00 feet; . thence North 00°51'23" East parallel with the east line of said Section 36 a distance of25.00 feet to the nortbline of the existing right-of-way of said Ustìck Road and the POINT OF BEGINNING; thence continuing North 00°51 '23" East parallel with the east line of said Section 36 a distance of 23.00 feet to a point 48.00' north of the south line of said Section 36; thence North 89°19'43" West parallel with and 48.00 feet north of the south line of said Section 36 a distance ofJ982,81 feet to the west line of Parcel A as shown on Record of Survey No. 3353, Instrument No. 95080508, Records of Ada County, Idaho; thence South 00048'53" West coincident with the west line of said Parcel A a distance of 23.00 feet to the north right-of-way of said U stick road; thence South 89°19'43" East coincident with the north right-of-way line ofsaid Ustick Road a distance of 1982,79 feet to tbe POINT OF BEGINNING. The above described parcel contains 45602 sq. ft. or 1.05 acres, more or less and references Record of Survey No. 4958, Instrument No. 100030102, and Record of Survey No. 3353, Instrument No. 95080508, Records of Ada County, Idaho. A field survey by the registrant whose name and seal are affixed herewith was not perfonned to verify said Records of Survey boundary. Prepared by: W & H Pacific, Inc. David S, Short Jr. P.LS. End of Description License No. 5461 Idaho Statutes Page 1 of 1 " Idaho Statutes TITLE 50 MUNICIPAL CORPORATIONS CHAPTER 14 CONVEYANCE OF PROPERTY 50-14-02_,_- DECLARATION OF VALUE OF PROPERTY. Whenever the city council proposes to c6nvey, exchange or offer for sale any real property, it shall first declare -ffle=.value or minimum price, if any, it intends to receive as a resul t of such conveya-ñce----QE- exchange, The city council may contract for or provide that the property bea-pJ:raised under such terms and conditions as may be deemed appropriate by the city---c<3uncil. The declaration, either in the form --'""---- of a mini-IDUrrL..dollar value, or an explanation of an intended exchange or --~------e-e1TVe-ya-m5íô~ for other than monetary consideration shall be made on the record _?~ a public meeting of the council, The city council may also declare that the subject property will be offered for sale without establishing a minimum price, Following a declaration of intent to sell or exchange real property, the clerk of the city shall publish a summary of the action taken by the city council in the official newspaper of the city and provide notice of a public hearing before the city council. Notice of the public hearing concerning the proposed exchange or conveyance shall be published in the official newspaper of the city at least fourteen (14) days prior to the date of the hearing. The Idaho Code is made available on the Internet by the Idaho Legislature as a public service. This Internet version of the Idaho Code may not be used for commercial purposes, nOr may this ,database be published or repackaged for commercial sale without express written permission. Search the Idaho Statutes Available Reference: Search Instructions, The Idaho Code is the property of the state of Idaho, and is copyrighted by Idaho law, l.C § 9-350. According to Idaho law, any person who reproduces or distributes the Idaho Code for commercial purposes in violation of the provisions of this statute shall be deemed to be an infringer of the state of Idaho's copyright, http://www3.statejd.us/cgi-bin/newidst?sctid=500140002.K 10/27/2005 Idaho Statutes Page 1 of2 " Idaho Statutes TITLE 50 MUNICIPAL CORPORATIONS CHAPTER 14 ----- ..--- CONVEYANCE OF PROPERTY 50-1403. DISPb-S-l1'.rQRßFTER HEARING. After a public hearing has been conducted, the city counci-l.._-~ay proceed to exchange, conveyor offer for sale the real property in question,."-.sJlbject to the restrictions of section 50-1401, Idaho Code. The city council shalr--be. -9overned by the following provisions; (1) When the property is offered t6ì sale, the property shall be sold at a PlJþ.lj.y--âu.cfîon to the highest bidder and no bids shall be accepted for less - -', J:,ha-n--fhe minimum declared value previously recorded on the record at a public -meeting of the council, provided however, if no bids are received, the city council shall have the authority to sell such property as it deems in the best ~--'<- interest of the city. - ---~ -.-'--(2.1 When it is determined by the city council to be in the city's best interest that the property be offered for exchange, the council may do all things necessary to exchange any property owned by the city for real property of equal value pursuant to terms which shall be a matter of public record. (3) When property is purchased, donated or otherwise conveyed to a city and the city has previously used federal funding to acquire the property, with funds specifically designated for the purpose of assisting low- to moderate-income families with decent, safe, affordable housing opportunities, the property may be sold, donated or otherwise conveyed directly to a low- to moderate-income family, so long as the sale or conveyance is consistent with the applicable federal regulations under which the property was obtained initially. In such instances, the city council shall pass an ordinance stating; (a) That the property was acquired, in whole, with federal funds; (b) That the property is to be sold or otherwise conveyed to a low- to moderate-income family; (c) That the sale or conveyance is consistent with all applicable federal, state or local statutes, laws, regulations and policies; and (d) That the property may be offered for sale, donation or otherwise conveyed immediately upon the passing of the ordinance. (4) When it is determined by the city council to be in the city's best interest that a transfer or conveyance be made, the city council may, by ordinance duly enacted, authorize the transfer or conveyance of any real property owned by such city to any tax supported governmental unit, with or without consideration. (5) When it is determined by the city council to be in the city's best interest, the city may transfer property to a trustee for security purposes, or for purposes of accommodating a transaction, or for funding of construction of capital facilities on city owned property. _/~ The Idaho Code is made available on the Internet by the Idaho Legislature as a public service. This Internet version of the Idaho Code may not be used for commercial purposes, nor may this database be published or repackaged for commercial sale without express written permission. Search the Idaho Statutes Available Reference: Search Instructions. The Idaho Code is the property of the state of Idaho, and is copyrighted by Idaho law, I C. § 9-350. According to Idaho law, any person who reproduces or distributes the Idaho Code for commercial purposes in violation of the provisions of this statute shall be deemed to be an infringer of the state http://www3.statejd.us/cgi-bin/newidst?scbd=500 140003.K 10/27/2005 Idaho Statutes of Idaho /s copyright. Page 2 of 2 http://www3.state.id.us/cgi-bin/newidst?sctid=5001400O3.K 10/27/2005 PARCEL DESCRIPTION Instrument No. 100030102 - USTICK RD - MERIDIAN RD Parcels/Assessor Info 4Nl W36 2003 Aerial Photography  1 inch = 310 feet ~:<~it, '- ~ Committeá to Service Map created by: SAnderson October 28, 2005