HomeMy WebLinkAbout08-602 Condemnation of 55 E. Broadway~~
~~~
9,p ~ ~~
CITY OF MERIDIAN RESOLUTION NO. 0 ' (L~ O t' l ~~0~
~~"~~ .
~ ~~~
BY THE CITY COUNCIL: BIRD, BORTON, ROUNTREE, ZAREMBA ra
A RESOLUTION APPROVING AN ORDER OF CONDEMNATION FOR THE
REAL PROPERTY LOCATED AT 55 EAST BROADWAY AVENUE IN THE CITY OF
MERIDIAN AND LEGALLY DESCRIBED AS LOT 20 IN BLOCK 1 OF THE
AMENDED PLAT OF TOWNSITE OF MERIDIAN, ACCORDING TO THE PLAT
THEREOF, FILED IN BOOK 2 OF PLATS AT PAGE 61, RECORDS OF ADA
COUNTY, IDAHO; AND PROVIDING AN EFFECTIVE DATE.
WHEREAS, the City of Meridian has sought in good faith to purchase the real property
legally described in the caption of this Resolution and has been unable to make any reasonable
bargain therefor; and
WHEREAS, additional details regarding this matter are contained in the Order of
Condemnation approved by this Resolution.
NOW THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY
COUNCIL OF THE CITY OF MERIDIAN CITY, IDAHO:
Section 1. That the Order of Condemnation for Lot 20, Block 1 of the Amended Plat of
the Townste of Meridian, a copy of which is attached to this Resolution and incorporated herein
by this reference, is hereby approved.
Section 2. That this Resolution shall be in full force and effect immediately upon its
adoption and approval.
ADOPTED by the City Council of City of Meridian, Idaho this ~~ day of
2008. ,~
PPR,,O~~VED by the Mayor of the City of Meridian, Idaho, this day of
/,~~~t~.- .2008.
APPROVED:
\~ ~ p ° ~ ~J
ATTEST: ~ ~~ ~~o
~ ~~~.~a
~~
a
°~,, ` ~Q~ ,,;
v,
Resolution Approving Order of,Coh'd~3ilh~i'on for 55 East Broadway -1 of 1
ORDER OF CONDEMNATION
LOT 20 IN BLOCK 1 OF THE AMENDED PLAT OF TOWNSITE OF MERIDIAN,
ACCORDING TO THE PLAT THEREOF, FILED IN BOOK 2 OF PLATS AT
PAGE 61, RECORDS OF ADA COUNTY, IDAHO, COMMONLY REFERRED TO
BY ITS STREET ADDRESS AS A PORTION OF 55 EAST BROADWAY AVENUE,
MERIDIAN, IDAHO
WHEREAS, the City Council of the City of Meridian hereby makes the following
findings of fact, conclusions, and order:
1. The acquisition of real property by an incorporated city for public buildings and
grounds is a public use for which the City of Meridian has the power of eminent domain
under section 7-701, Idaho Code.
2. The above-designated real property, (hereinafter referred to as the "Property") is
to be acquired for a public use authorized by law, the taking of the property is necessary to
such use, and the taking is located in the manner which will be most compatible with the
greatest public good and the least private injury.
3. The property rights to be acquired include any and all estate, right, title, interest,
appurtenances, tenements, hereditaments, reversions, remainders, easements, rents, issues,
profits, rights-of--way and water rights in anywise appertaining to the Property as well in
law as in equity.
4. The property is not already appropriated to a public use.
5. The names and addresses of the record title owners of the Property are David
Buich and Karen Buich, husband and wife, 3100 N. Glen Stuart Lane, Eagle, ID 83616.
The interest held is fee title owner.
Order of Condemnation for 55 E. Broadway -1 of 3
6. The City of Meridian commenced negotiations to purchase the Property and on
the 6th day of February, 2008 by certified U.S. mail, postage prepaid, addressed to the
person or persons shown in the official records of the county assessor as the owner of the
property, did deliver the following: (A) a summary of rights form required by Chapter 7,
Title 7, Idaho Code., (B) a written offer to purchase the Property in its entirety, and (C) a
copy of an appraisal prepared on behalf of the City of Meridian. More than thirty (30) days
have elapsed since the City of Meridian made this offer to purchase the Property.
7. The City of Meridian, by and through its employees, contractors, and agents, has
sought in good faith to purchase the Property and property interests described above, but
the City of Meridian has been unable to make any reasonable bargain therefor.
8. It is timely to acquire the Property.
NOW THEREFORE, IT IS HEREBY ORDERED AND THIS DOES ORDER,
that the City of Meridian acquire the Property and the property interests hereinabove
described through the exercise of its power of Eminent Domain, pursuant to Chapter
7, Title 7, Idaho Code.
By action of the City Council at a Special City Council meeting held on the ~~
day of March, 2008.
ROLL CALL:
COUNCILMAN DAVID ZAREMBA VOTED
COUNCILMAN JOE BORTON VOTED
COUNCILMAN CHARLIE ROUNTREE VOTED
COUNCILMAN KEITH BIRD VOTED
MAYOR TAMMY de WEERD (TIE BREAKER) VOTED
Order of Condemnation for 55 E. Broadway -2 of 3
DATED: ~~,~ -~,.~6
MOTION: APPROVED: V DISAPPROVED:
ATTEST:
JAYCEE
`~~X, ,fit T MMY de WEERD
~~ °~,
~~ A~
0
~~L
OLMAN, CITY CLE~j'9~ T t~ ~ ~~` ,.'
~. .~
~~
Order of Condemnation for 55 E. Broadway -3 of 3