HomeMy WebLinkAboutResolution
October 28, 2005
MERIDIAN CITY COUNCIL MEETING
APPLICANT
November 1, 2005
ITEM NO.
5-1
REQUEST 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 Meridiain
AGENCY
COMMENTS
CITY CLERK:
CITY ENGINEER:
CITY PLANNING DIRECTOR:
CITY ATTORNEY
See attached Resolution
CITY POLICE DEPT:
CITY fIRE DEPT:
CITY BUILDING DEPT:
CITY WATER DEPT:
CITY SEWER DEPT:
CITY PARKS DEPT:
Mr~
MERIDIAN SCHOOL DISTRICT:
ADA COUNTY HIGHWAY DISTRICT:
SANITARY SERVICE COMPANY
CENTRAL DISTRICT HEALTH:
NAMPA MERIDIAN IRRIGATION:
SffiLERS IRRIGATION:
IDAHO POWER:
US WEST:
INTERMOUNTAIN GAS:
MERIDIAN POST OFfiCE:
OTHER:
Contacted:
Emailed:
Date:
Staff Initials:
Phone:
Materials presented at public meetings shall become property of the City of Meridian.
CITY OF MERIDIAN
RESOLUTION NO. tJ fj - 4- tf 2-
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 USTICKAND 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 of2
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 ($2,500.00).
Section 3. That the City Clerk is hereby instructed to publish a summary of this
declaration if intent and establish a public hearing date to review the proposal to convey the
real property.
Section 4. That the City Attomey is hereby instructed to bring forth a proposed
Ordinance as required by Idaho Code 50-1403 for the consideration of the City Council at the
conclusion of the public hearing.
Section 5.
That this Resolution shall be in full force and effect immediately upon
its adoption and approval.
IS' ./-c
ADOPTED by the City Council of the City of Meridian, Idaho, this ;/ day of
¡(Pl/~Irv~ , 2005.
APPROVED by the Mayor of the City of Meridian, Idaho, this I <$ day of
¡1/¿7V-tr.v~ , 2005.
APPROVED:
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ATTEST:
Resolution Declaring Intent to Convey Real Property
Page 2 of2
EXHIBIT "A"
.
A ,,_.., """rcro",
3/30 South Owyhee Street
8oile, Idaho 83705.4768
208.342.5400
fax 208.342,5353
Parcel Description
A parcel of land located in the SEJ/4 of Section 36, Township 4 North, Range I West, RM., 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 3 114" aluminum cap marking the Southeast corner 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 centerline of
Ustick Road, a distance of 82.00 feet;
thence North 0005J '23" East parallel with the east line of said Sectioil 36 a distance of 25.00 feet to the
north Hne of the existing right-of-way of said Ustick Road and the POINT OF BEGINNING;
thence continuing North 00°5 J '23" East parallel with the cast 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 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 South 89° 19'43" East parallel with the south line of said Section 36 a distance 0£20.00 feet;
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 feet;
thence North 06°34'00" East a distance of 120.60 feet to the existing 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 e>tisting north right-of-way line of
said Ustick Road;
thence North 89° J9'43 West coincident with the e)(isting north right-of-way line of said Us tick Road a
distance of 32.06 feet to the POINT OF BEGINNING.
The above described parcel contains 3231 sq. ft. or 0.0740 acres, more or less and references Record of
Survey No. 4958, Instrument No. 100030102, Records of Ada County, Idaho.
Prepared by: W & H Pacific, Inc.
David S. Short Jr. P.LS
End of description.
whpacific.com
planners
surveyors
engineers
landscape architects
.------
EXHIBIT "B"
.
.. ..... .........
3130 South Owyhee Street
Boise, Idaho 83705-4768
208.342.5400
Fax 208.342.5353
Parcel Description
23 Foot Additional Right-of. Way ~ Ustick Road
A parcel ofland located in the SBII4 of Seen on 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 descrìbed as follows:
Commencing at a 3 1/4" aluminum 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 dIe south !ille of said Section 36, being also the centerline of
Ustick Road, It distallce 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
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' 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 of 1982.81 feet to the west line of Parcel A as shown on Record of Survey No. 3353, Instrument
No. 95080508, Records of Ada COWtty, Idaho;
thence South 00'48'53" West coincident with the west line of said Parcel A a distance of23.00 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 of said Ustick Road a distance of
1982.79 feet to the 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 performed to verify said Records of Survey boundary.
Prepared by: W & H Pacific, Inc.
David S. Short Jr. P.L.S.
End of Description
Idaho Statutes
Page 1 of 1
.
Idaho
Statutes
~~-""-"-"-
TITLE 50
MUNICIPAL CORPORATIONS
CHAPTER 14
CONVEYANCE OF PROPERTY
50::'1402--__- DECLARATION OF VALUE OF PROPERTY. Whenever the city council
proposes to convey, exchange or offer for sale any real property, it shall
first declare-fn~_~~e or minimum price, if any, it intends to receive as a
resul t of such conveya-nc-e---QF exchange. The city council may contract for or
provide that the property bè--appraised under such terms and conditions as may
be deemed appropriate by the citi-To-c1ncil. The declaration, either in the form
" of a minimuILdollar value, or an explanation of an intended exchange or
~------e-eITVeyan-ée for" other than monetary consideration shall be made on the record
_9L-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 ~s made ava~lable on the Internet by the Idaho Legislature as a publ~c service.
This Internet version of the Idaho Code may not be used for commercial purposes, nor may this
database be published Or repackaged for commerc~al sale w~thout express written permission.
Search the Idaho Statutes
Available Reference: Search Instructions.
The Idaho Code is the property of the state o.f Idaho, and is copyrighted by Idaho law, Ie § 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.state.id.us/cgi-bin/newidst?sctid=500 140002. K
10/2712005
Idaho Statutes
Page 1 of 2
"
Idaho
Statutes
--~-
/
/---
TITLE 50
MUNICIPAL CORPORATIONS
CHAPTER 14
-'-...-- CONVEYANCE OF PROPERTY
50-1403. DISPÖ-SlTI-Q}1,AFTER HEARING. After a public hearing has been
conducted, the city council_--m..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--Þe9.°verned by the following provisions:
(1) When the property is offered for sale, the property shall be sold at
a pgÞli-c-"-auc'tion to the highest bidder and no bids shall be accepted for less
- --, .than-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) 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 he used for commercial purposes, nOr may this
database he 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, Ie § 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?sctid=500140003.K
10/27/2005
Idaho Statutes
of Idaho's copyright.
Page 2 of2
http://www3.state.id.us/cgi-bininewidst?sctid=500 140003.K
10127/2005
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Will Ber"
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From:
Sent:
To:
Subject:
Attachments:
Thanks,
Tara
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summary action of notice convey
CC convey Se... )roperty ACHD 58...
Tara Green
Thursday, November 03, 2005 3:59 PM
Frank Thomason (historydoC@qwest.net); Jessica Johnson
(johnsonj@meridiancity.org); smiths@meridiancity.org; Will Berg
(bergw@meridiancity.org)
Please Publish 11n and 11/21 and Please Confinn
summary action of CC convey Settler Park to ACHD 11-2-05 vt.doc; notice convey
property ACHD Settlers Park 12.6.05 vt.doc
1