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Home My WebLink About09-1426 Real Property Conveyance to ACHD CITY OF MERIDIAN ORDINANCE NO. (>R ' I ~la~O BY THE CITY COUNCIL: BIRD, HOAGLUN, ROUNTREE, ZAREMBA AN ORDINANCE AUTHORIZING THE CONVEYANCE OF CERTAIN CITY OWNED REAL PROPERTY TO THE ADA COUNTY HIGHWAY DISTRICT LOCATED AT 303 NORTH TEN MILE ROAD, A PORTION OF ADA COUNTY PARCEL NUMBER S1210449020 LOCATED IN THE SE '/. OF THE SE '/. OF SECTION 10, TOWNSHIP 3 NORTH, RANGE 1 WEST, BOISE MERIDIAN, ADA COUNTY IDAHO; AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE AND ATTEST ON BEHALF OF THE CITY OF MERIDIAN THE PURCHASE AGREEMENT, 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 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, the Council may by Ordinance duly enacted, authorize the transfer or conveyance of the real property to any tax supported governmental entity without compensation; and, WHEREAS, the proposed transaction would convey the real property to the Ada County Highway District for right-of--way purposes; and, WHEREAS, a public hearing was held at the regular meeting of the Meridian City Council on August 11, 2009 and at the conclusion of such 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 11, 2009 meeting of the Meridian City Council. 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 property is currently underutilized and should be transferred without compensation. ORDINANCE AUTHORIZING CONVEYANCE OF PROPERTY -Page 1 of 2 Section 3. That the City Council has reviewed and approved the Purchase Agreement attached hereto and incorporated herein. Section 4. That the Mayor and City Clerk shall be authorized to execute and attest the Purchase Agreement, deed, and any other documents necessary to complete the conveyance authorized by this Ordinance. Section 5. 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 ~ day of ~( "~ , 2009. (+~~~~/"~~ APPROVED by the Mayor of the City of Meridian, Idaho, this ~d" day of _-~~;u.((~,t,I~S"t _ , 2009. APPROVED: -~~~ M YOR `\``\`uwuinr,,~ ATTEST: ~.`~~ ~ ~ ~/Oiq'~% .` .~ c1~~ot~,,. ti Fo CITY ERK EAL ,~`~~ ~7~ 'ZSr tg~ . q '~P ~~ ~~~''~.,,~UNTY ~ ,~~`~~` '~~iniii nn,~,~ ORDINANCE AUTHORIZING CONVEYANCE OF PROPERTY -Page 2 of 2 !~~ September 1, 2009 City of Meridian Attn: Tara Green, Deputy City Clerk 33 East Idaho Meridian, ID 83642 Re: Project # 504003 Parcel 9 Ten Mile -Franklin to Cherry Dear Ms. Green: Carol A. McKee, President Sherry R. Huber, 1st Yce President Rebecca W. Arnold, 2nd vice President John S. Franden, Commissioner Sara M. Baker, Commissioner Enclosed is a copy of the signed Purchase Agreement dated August 18, 2009and the signed and recorded Warranty Deed #109100120 dated August 18, 209 pertaining to the above listed project: Thank you for your cooperation and consideration in the timely settlement of this matter. Sincerely, ADA COUNTY HIGHWAY DISTRICT aren Arnold Right-of--Way Account Clerk Ada County Highway District • 3775 Adams Street • Garden City, ID • 83714 • PH 206 387-6100 • FX 345-7650 • www.adM.ada.id.us Ten Mile Road -Franklin ~herry • Project # 504003 Parcel 9 -City of Meridian T3N,R1WSec10 S1210449020 PURCHASE AGREEMENT THIS AGREEMENT is made this 1 ~ day of ~•dnrv-t , 2009, between ADA COUNTY HIGHWAY DISTRICT a body politic and corporate of the State of Idaho, herein called "ACHD" and the City of Meridian, an Idaho Municipal Corporation, herein called "Sellers." NOW THEREFORE, for good and sufficient consideration, IT IS AGREED: 1. Sale and Purchase. Seller agrees to sell and ACHD agrees to purchase aright-of-way, together with all improvements, damages, and permanent easements, if any, associated therewith. 2. Payment. In consideration for the purchase of the Property, ACHD shall pay to Seller the purchase price set out on the Compensation Summary. The Just Compensation shall be paid to Seller upon Seller's execution and delivery to ACRD of a notarized deed and/or easement reflecting the interest being sold. 3. Temporary Construction Easement. Seller hereby grants to ACHD and contractor(s) a temporary easement on, over, across and through Seller's adjoining property for the ingress and egress to and construction on the property. This easement will terminate upon completion of the construction project. 4. Possession. Upon execution of this Agreement and the payment by ACRD of the Just Compensation and receipt thereof by Seller, Seller hereby grants possession of the Property to ACHD for construction of the right-of-way. 5. Hazardous Materials. This Agreement is conditioned upon Seller's full disclosure of any hazardous materials. To the best of Seller's knowledge, no hazardous materials have been stored or spilled on the Property during Seller's ownership or during previous ownerships. In the alternative, if Seller has knowledge of storage or spill of hazardous materials on the Property, that information is set out on the Compensation Summarv. 6. Entire Agreement. The parties have herein set out the whole of their agreement and the terms and conditions have been negotiated in good faith by both parties•hereto. ACHD's payment of the Just Compensation shall constitute the entire consideration for the sale of the Property and shall relieve ACHD from any future claims or obligations on account of the location, grade, and/or construction of the proposed right-of-way, or any other damages of Seller related to ACHD's purchase of the Property. 7. Binding Effect. This contract shall be binding when executed by the Seller and ACHD's authorized representative. Short Purchase Agreement Version: 5/20/08 Ten Mile Road -Franklin terry • Project # 504003 Parcel 9 -City of Meridian T3N,R1WSec10 S1210449020 IN WITNESS WHEREOF, the parties have executed this Agreement the day and year first above written. ~.• . t ~~ ~ / ~ti• ~~ o• tG:~^~~ ~0: .• ADAnCOUNTY HIGHWAY DISTRICT: l ~ ~ Chanon B. Romo Right-of-Way Supervisor By: / Tammy de ~t~vv~ ~ Tamara McCarthy Sr. Right-of-Way Agent Short Purchase Agreement Version' 5/20!08 CITY OF MERIDIAN, An Idaho Municipal Corporation Ten Mile Road -Franklin to Chem • Project # 504003 Parcel 9 -City of Meridian T3N,R1WSec10 S1210449020 COMPENSATION SUMMARY Fee 7,187 sf (which includes 3,750 prescriptive Right-of-Way) Temaorarv Construction Easement 523 sf ACRD WILL PROVIDE CONSTRUCTION FEATURES AS SHOWN ON THE RIGHT-OF-WAY PLANS SHEETS dated February 2007, page 9 of 36 AS LISTED BELOW: Fencing: Undetermined Misc: Station 33+60 LT Construct a private approach. Negotiated Items: Seller's disclosure of hazardous materials: (1) None (Seller's Initials); or (2) Seller's disclosure: i ACRD Initials: Seller Initials: Property Representative Na Property Representative Phone: Version: 7/15/08 SO SE DAHO 08127108E1~PM NAVARRO AMOUNT .00 3 Ten Mile Road - Franklin to Cherry DEPUTY VIckI Allen 001l~~ Project#504003 RECOflDED-REOUESTOF III IIII'I~IIIIII'II~II~IIIIIflllllll~ Parcel 9 - City of Meridian ACRD 1 @9100120 T3N,R1WSec10 S1210449020 (Reserved for Ada County Recorder) WARRANTY DEED THIS INDENTURE, made this ~ ~ day of /-~'~~'t , 2009, between and the City of Meridian, an Idaho Municipal Corporation, (herein "GRANTORS"), and ADA COUNTY HIGHWAY DISTRICT, a body politic and corporate of the State of Idaho, the "GRANTEE"; WITNESSETH: FOR VALUE RECEIVED, the GRANTOR has granted, conveyed, bargained and sold, and does hereby grant, bargain, sell, convey and confirm to the GRANTEE and its successors and assigns forever, that certain real property situated in the COUNTY OF ADA, STATE OF IDAHO, more particularly described on Exhibit "A" attached hereto and by this reference made a part hereof, TOGETHER with all and singular the buildings, structures, improvements and fixtures thereto, the tenements, hereditaments and appurtenances thereunto belonging or in anywise appertaining, the reversion and reversions, remainder and remainders, and rents, issues and profits thereof (the "Premises"). SUBJECT TO those exceptions to title to which this conveyance is expressly made subject and those made, suffered or done by the GRANTEE: (a) the GRANTOR covenants to the GRANTEE, its successors and assigns, that the GRANTEE shall enjoy the quiet and peaceful possession of the Premises; and (b) GRANTOR warrants to the GRANTEE, its successors and assigns, that GRANTOR is the owner of said Premises in fee simple and has the right and authority to convey the same to GRANTEE, and GRANTOR will defend the GRANTEE'S title from all lawful claims whatsoever. The current address of the GRANTEE is: Ada County Highway District 3775 Adams Street Garden, Idaho 83714-6499 WD -Page 1 of 2 Version: 5/22108 Ten Mile Road -Franklin to Cherry• • Project # 504003 Parcel 9 -City of Meridian T3N,R1WSec10 S1210449020 IN WITNESS WHEREOF, this WARRANTY DEED has been duly executed by the GRANTOR, the day, month and year herein first above written. CITY OF MERIDIAN, An Idaho Municipal Corporation Tammy de Weerd, ayo \\\`\1, I,N 111111, 11, ,~`~,~~ OF M~I~jj~••; pflP ~Jr% Attest: Fo = Jaycee L. Holma ,City Clerk __ SEAL 9 fly .9 t~st• O . STATE OF IDAHO ) =,,o,~~ , P~ ;~ County of Ada ) ~ GrCtY-1 On this ~g day of ~ U ~ , 2009, before me, ~~a ~ ~ , a Notary Public in and for said state, personally appeared Tammy de Weerd and Jaycee L. Holman, know or identified to me to be the Mayor and Clerk, respectively, of the City of Meridian, who executed the instrument of behalf of said City, and acknowledged to me that such City executed the same. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year in this certificate first above written. ~~+'.~ a ~~,~ ~ ~z• .~ ~~ 1 ~ a ;?~ ~, '~, s Version: 5/22tt18 i~ ~ ary Public for Idaho Residing at ~ot_lrt<u r 1 h tl"~ My commission expires I d-( I - l I WD-Page2of2 Exhibit A Owner of Record: Cite of A•teridian Parcel: No. (5 1 2 1 0449030) \C'HD Project 1'en h9ile Road (Franklin to Cherry) Projcc[ \o.: ?041703 Right-of-Way Take Description -Parcel 9 A parcel of land located in the SE li4 of 5cction 10, "township 3 North, Rank I West. Boise Meridian, Ada County. Idaho, said description being a portion of that pane) as descrilx;d by Pioneer Title Company in Commitment for Title Insurance, Order No. 299636, Schedule A and also as shown on Record of Survey No. 8218. tiled as instrument number 108016231, records of Ada County, Idaho, being more particularly described as follows: Commencing at a brass cap marking the southeast corner of the SG1/4 of said Section l U ti om which a brass cap marking the northeast comer of said SE I ~4 be:u•s N 0°~2'OS" E, 2646.36 feet, thence ~ 0°52'05" E, 94(1.83 feet along the east boundary of said SE1 %4 to a point being the southeast comer of said parcel, said point also being the REAL POINT OF BEGINNING. Thence continuing ?~ 0°52'05" E, t50A0 feet along the eas[ boundary to the na•thcast corner of said parcel; thence leaving said east boundary N 88°26'~ 1" W', 48.00 feet along the north boundary of said parcel to a point; Thence 5 0°~2'OS° W. 150.00 leet to a point on the south boundary of said parcel; i'hence S 88°26'Sl" E, 48.00 feet along said south boundary to the Real Point of Beginning. Said described parcel. contains 7,187 square feet (0.17 acres) and includes 3,750 square feet (0.09 acres) of prescriptive right-of--way and is subject to easements of record or in use. Phis Icgal description was prepared by the ACHD Survey Section from record data [aid field surveys. f'k ~ i ~~~ ~~ ~ f h ~ i f `'',~-~,~y,i NOTICE AND PUBLLSHED SUMMARY OF ORDINANCE PURSUANT TO LC. § 50.901(A) CITY OF MERIDIAN ORDINANCE NO. 09- ~ y 2 lD AN ORDINANCE AUTHORIZING THE CONVEYANCE OF CERTAIN CITY OWNED REAL PROPERTY TO THE ADA COUNTY HIGHWAY DISTRICT LOCATED AT 303 NORTH TEN MILE ROAD, A PORTION OF ADA COUNTY PARCEL NUM$ER S1210449020 LOCATED IN THE SE '/e OF THE SE '/e OF SECTION 10, TOWNSHIP 3 NORTH, RANGE 1 WEST, BOISE MERIDIAN, ADA COUNTY IDAHO; AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE AND ATTEST ON BEHALF OF THE CITY OF MERIDIAN THE PURCHASE AGREEMENT, DEED AND OTHER DOCUMENTS NECESSARY TO COMPLETE THE TRANSACTION; PROVIDING FORA WAIVER OF THE READING RULES; AND PROVIDING AN EFFECTIVE DATE. An Ordinance of the City of Meridian authorizing the conveyance of certain City owned real property; providing 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 Street, Meridian, Idaho. This Ordinanc~,,~shall~~~be,~ome effective upon passage and ,~ publication. ~,.~` y ~ ERip~"'~% ~'~ o~A '9,y'. o City of Me tan = a~~ Mayor and City Council = By: Jaycee L. Holman, City Clerk ~ ~4,_ ~o,~~' ~''0,9 r ist ~ P~~ ~, First Reading: ~• 18' ~ ~ ~~''•.,~ V ~~ ,~`: Adopted after first reading by suspension ofYha~~ga~a3'Zowed pursuant to Idaho Code § 50-902: YES~_ NO Second Reading: ~----- Third Reading: ----'- STATEMENT OF MERIDIAN CITY ATTORNEY A TO ADEQUACY OF SUMMARY OF ORDINANCE NO. 09- ~ Z 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. 09- I~ZI.P 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 rI y , 2009 ~~1.~~~ William L. M. Nary City Attorney SUMMARY FOR ORDINANCE AUTHORIZING CONVEYANCE OF PROPERTY -PwoE 1 oe 1