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HomeMy WebLinkAbout96Jul23 CC Mtg MinsMERIDIAN CITY COUNCIL JULY 23 1996 The special meeting of the Meridian City Council was called to order by Mayor Robert D. Corrie at 6:00 P. M.: MEMBERS PRESENT: Walt Morrow, Charlie Rountree, Ron Tolsma: MEMBERS ABSENT: Glenn Bentley: OTHERS PRESENT: Wayne Crookston, Will Berg, Brad Watson, JoAnn Butler, David Turnbull, Gene Smith: Corrie: I will open the special meeting to discuss the acceptance of the deed for the remaining land of the golf course expansion. Counselor? Crookston: I think that we have everything basically worked out, I just had some comments that I just made to Joann Butler that she indicated that she would make they are in reference to in paragraph two in the second line it reads after the execution and delivery of the deed of gift and this agreement that should be a period after that. And this language hereof the closing that a date and time mutually agreed to by the parties would be stricken. In the fourth line where it reads take place at the office of the City Attorney it would be added or Meridian City Hall. She does have a description of the property on exhibit A to be added. The deed itself is fine and we need to have the golf course plan submitted as exhibit C to the agreement. I am sorry then in the after the recitals where it says now therefore, the above. recitals it states that in the third line it says which are incorporated below they are not incorporated below. What I suggested we change that to state which are hereby incorporated herein. Just so the recitals are incorporated intc the document. Are those items acceptable Ms. Butler? Butler: Joann Butler, representing Boise Research Center, those changes are just fine and acceptable and I will ask the Council if I had thought this would be the way we would handle this I would make those changes to the document. We do have a legal description, we just want the engineer to check that legal which is attached to your title commitment, attach a copy c. the golf course plan and then circulate it for signature ~t our side and then over to the City. I would suspect that we could get this over to the City tomorrow then the day after. Crookston: It was my understanding that the deed would be delivered tonight. Butler: If you want to make these changes to the document and initial then rather than have them done through just word processing we can certainly do that so we can do it concurrently. Crookston: That would be up to the Council. Meridian City Council Special Meeting July 23, 1996 - Page 2 . Butler: I don't think we will have for you tonight though a final checked copy of the legal description, or a copy of the plan that we can attach which needs to be reduced. Morrow: Is that checked by your engineer or ours? Butler: It would have to be checked by both I would say for both's comfort. Morrow: When I last talked to Gary Smith he indicated to me that he had reviewed this legal description some months ago and it was fine at that point in time. And that it is my understanding that in terms of the legal description we are okay with that unless there has been some sort of change. Butler: Not to my knowledge Councilman Morrow, there hasn't, it has been the first time I have seen it and so that was the only reason and I did not know that your engineer may have checked it in the past. Mr. Mayor and Councilmen, we have a copy of the legal description that we know is accurate that was faxed to the title company, the title company did re-type it and we are just going to check that to make sure it is correct. Morrow: I was going to say as I was talking to Wayne and trying to recall my conversation with Gary a couple of days ago it seems that he indicated to me that he had done that some time in March or April, does that ring a bell with you David and that it was fine then and then he also made a comment I believe that he had gone through ~e title or maybe it was John Fitzgerald that talked about it going through the title policy check and that there was no problem with the title company with the deed. Crookston: That is my understanding. (Inaudible) Morrow: Did he not follow up with a letter to you concerning some other documents and that deed also within the last 3 or 4 days? (Inaudible) Morrow: There was supposed to have been a fax concerning that I think also part of that discussion and I am really stretching here but it seems to me like Gary said he would write another letter that the deed was okay or something. (Inaudible) Meridian City Council Special Meeting July 23, 1996 - Page 3 Crookston: I would like to ask Brad Watson a question, do you know anything about the legal description Brad? Watson: The extent of what I know about the legal is in the file Gary has a hand written memo that says he checked at least a portion of the legal description and I can go get that right now. Crookston: I think it would be best to do that. Morrow: Bob, is Gary planning on being here for tonight's meeting? Corrie: I don't know. There he is, that answer's our question. Morrow: I am trying to put words in your mouth in terms of the deed, did you not tell me that you had reviewed the legal description on the deed. Smith: I did not review the legal description on the deed, I reviewed the legal descriptions that were given to me I think they had a January 1, 1995 date or some such thing and I reviewed them in June of 1995 for Mayor then and they were, the descriptions prepared by Hubble Engineering coincided with the plat prepared by Hubble Engineering. I have not reviewed the deed, I have not seen the deed. Morrow: I understand that, the deed was a misstatement on my part, I meant the legal descriptions. Smith: Is there anything else that you need to ask me? Morrow: No that was it, I was trying to recall our conversation. (Inaudible) Butler: Mr. Mayor and Council members Joann Butter again, Brad Watson has just made a copy of the deed so that we have that, we do have the legal description. Practically I would ask if there is a Notary in the audience so that we can sign that and if so then we can do that and also make those small changes to the agreement and initial off to the side. Then with the idea that we would deliver a copy of exhibit C tomorrow once we have made a copy. Corrie: Do you have exhibit C or do we have exhibit C? Butler: We have exhibit C but we just need to have it reduced in size so we can attach it. Mr. Turnbull has suggested that we follow up with a clean copy of the agreement tomorrow Meridian City Council Special Meeting July 23, 1996 - Page 4 . if you like. Corrie: Wayne, now you have checked all of the verbiage here the changes, there have been a few maybes that I caught here but I don't think that and the long term maintenance and operation in reference to the agreement of lease dated October 3, 1978 as may be amended and the agreement of the lease as may be amended and agreement of lease as may be amended I don't see anything wrong with that. Crookston: The reason for that is I have a copy of an amendment agreement but it is not signed and as I recall that resulted from a lawsuit by Leavitt New Pacific against the City and that amendment to the lease pertains only to that the lessee for the golf course, Cherry Lane Recreation Inc., is not a party to that amendment. That is how Ms. Butler felt that because of that because I have a copy of the document but I don't know that it is signed, I believe it is but we felt that was the best way to handle that document. Corrie: As far as the other you have checked it? Crookston: Yes, the only changes that I have to the document that I supplied to you are shown on the document that I supplied to you and Ms. Butler has indicated that was agreeable. Morrow: Mr. Mayor, I would move that we accept the deed of gift for the property from Boise Research Center, authorize the Mayor to sign and the City Clerk to attest both the deed of gift and the agreement between the City of Meridian and Boise Research Center. Crookston: Mr. Mayor, I might add that I believe that I think it is appropriate to have this resolution adopted on a roll call vote. Corrie: Do I hear a second? Rountree: Second Corrie: Motion has been made by Mr. Morrow, second by Mr. Rountree to accept the deed of gift as stated in the motion. Any further discussion? Roll call vote. ROLL CALL VOTE: Morrow -Yea, Bentley -Absent, Rountree -Yea, Tolsma -Yea MOTION CARRIED: All Yea Corrie: I guess what we need now is the agreement? Meridian City Council Special Meeting July 23, 1996 - Page 5 _ Crookston: Yes Morrow: Mr. Mayor, I would move that accept the agreement between the City of Meridian and Boise Research Center and authorize the Mayor to sign and the Clerk to attest. Rountree: Second Crookston: That also needs to have a roll call vote. Corrie: Motion made by Mr. Morrow, second by Mr. Rountree to accept the agreement between the City of Meridian and the Boise Research Center Inc., any further discussion? Roll call vote. ROLL CALL VOTE: Morrow -Yea, Bentley -Absent, Rountree -Yea, Tolsma -Yea MOTION CARRIED: All Yea Crookston: I think it would be appropriate to have a statement as to when the cleaned document will be signed and delivered to the City and the deed. Butler: Thank you, Joann Butler again, we can deliver this to the City tomorrow. Crookston: You are talking about both? Butler: Both documents correct. Morrow: So it is my understanding we are going to be signing the initial document then tonight and notarizing and then having the cleaned delivered tomorrow? Butler: Mr. Mayor and Council members, we can, because of the motions made by the Council tonight clearly we are going to have the agreements signed and we have no qualms with sending that document over to the City for signature tomorrow and we can do the deed tonight because there are no changes being made. If we have a notary in the house we can certainly do that. Crookston: We have a notary but I don't have my seal. Butler: Oh we are fine, so if the Council has a break between its two meetings we can do that. k t Meridian City Council Special Meeting July 23, 1996 - Page 6 . Morrow: Mr. Mayor, I move we adjourn. Rountree: Second Corrie: Motion made and seconded we adjourn, any further discussion? All those in favor? Opposed? MOTION CARRIED: All Yea MEETING ADJOURNED AT 6:27 P.M. (TAPE ON FILE FOR THESE PROCEEDINGS) APPROVED: ROBERT D. CORRIE, MAYOR ATTEST: WILLIAM G. BERG, JR., CITY CLERK