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Conveyance of Property to ACHD (1700 W Lanark) Meridian Parks Maintenance FacilityCITY OF MERIDIAN ORDINANCE NO. ' / S 3 () 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 1700 E. LANARK STREET, A PORTION OF ADA COUNTY PARCEL NUMBER S1108336013 LOCATED IN THE SW 1/40F SECTION 89 TOWNSHIP 3 NORTH, RANGE 1 EAST, 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 y p p y compensation; and, WHEREAS, the proposed transaction would convey approximately 1,569 square feet of realro erty to the Ada County Highway District for right-of-way purposes; and, p p WHEREAS, a public hearing was held at the regular meeting of the Meridian City Council on October 2, 2012 and at the conclusion of said 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 October 2, 2012 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 Warranty Deed 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. Council of the Ci of Meridian Idaho, this !day PASSED by the City Cou City �, of 2012. APPROVED by the Mayor of the City of Meridian, Idaho, this 4a. day of APPROVED: MAYOR ATTEST: 0SgV A V('.' , City of � ,� �c�AHo CITY CIERK SEAL. Of toe TREAS�� ORDINANCE AUTHORIZING CONVEYANCE OF PROPERTY - Page 2 of 2 MCZC-12-046 .Meridian Parks Maintenance Fa RM Parcel No.: S1 108336013 T 3N R I E SEC 08 ADA COUNTY RECORDER Christopher D. Rich AMOUNT .00 5 BOISE IDAHO 10/11/12 09:34 AM DEPUTY Lisa Batt RECORDED -REQUEST OF III IIIIIIIIIIIIIIIIIIIIIIIIIIIIIII ACHD 112105486 WARRANTY DEED, (Reserved for Ada r County Recorder) THIS INDENTURE, made this n6 day of CCI-0-bcr 2012, City of Meridian, an Idaho Municipal Corporation, the "GRANTOR". and ADA COUNTY HIGHWAY DISTRICT, a body politic and corporate of the State of Idaho, the "GRANTEE".; W I T N E S S E T H : 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 descdbed on Exhibit "N' 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 gen'-e*ral taxes and assessments for the current dear which are not yet. due and payable., easements, of record or obvious on a physical inspection of the Premises, any recorded reservation of oil and/ orin er'I rights -and covenants . of record m a Subject tothose exceptions to title to which t . his 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 City, Idaho 83714-6499 Warranty Deed, page 1 (10/27/01) S:\DSREVIEW\2-Commmial12012\Meridian\MCZC-12-04.6 1700 E. Lanark St. Meridian Parks Maintenance FacifityWCZC-12- 046. wan-anty-w_o Ex B or. title, search. -doe Garden City, Idaho 83714-6499 IN WITNESS WHEREOF, this WARRANTY DEED has been duly executed' by and on behalf of the GRANTOR, the day, month and year herein first a*bove written. GRANTOR OS p,,� ED il 0 CLS '?Tammy deerd, Mayor -Is City Of ER.TDIAN Attested: SEAL 1 r the TRE ?�Sm'��A Am& STATE OF IDAHO )ss. County of Ada ON THIS Qy)0\ day of 06-�C�r 1 2012, before me a Notary Publ'icin and for said State, personally appeared Tammy de Weerd, known to me to be the Mayor and Jaycee L. Holman, City Clerk of the City of Meridian,, the municipal corporation that executed and attested the within 'instrument, and acknowledged to me that they executed the same, IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year first above written. 0 & oot�Q A My tary Commis ioji E pires'_'�nv&y'�,l QotA 1 p1r( I r AL J 10 4'.ets __ 0 y ot ry Cr Nqota Public for Idaho Residing at P�A t o�,n Idaho O� *066#0 The Ada County Highway District (ACHD) is committed to compliance with Title Vi of the Civil Rights Act of 1964 and related regulations and directives. ACHD. assures that no person. shall on the grounds of race, color, national origin, gender disability or age, be excluded from participation In, be denied the benefits of, or be -otherwise subjected to discrimination under any ACHD service, program or activity. Warranty Deed, page 2 (10/27/01) S-kDSREVIF,VA'-)-Commercial\2012\Meridian\MCZC-1 -046 1700 E. Lai nark St. Meridian Parks Maintenance Tacility\MUC-12- 046-warranty-w-o Ex B or title search.doc EXHIBIT A Legal Descri-tp on Meridian Parks Maintenance Facility -Right-of-Way A parcel being located in the SW % of Section 8, Township 3 North, Range 1 East, Boise Meridian, Ada County, Idaho, and more particularly described as follows: Commencing at a brass cap monument marking the southwest corner of said SW %, from which a brass cap monument marking the northwest corner of said SW % bears N 0'26'11 " E a distance of 2650.93 feet; Thence N 0°26'11" E along the westerly boundary of said SW % a distance of 735.27 feet to a 5/8 inch diameter iron pin marking the intersection of E. Lanark Street and N. Locust Grove Road; Thence S 89*33'53" E along the centerline of said E. Lanark Street a distance of 624.67 feet to a point; Thence leaving said centerline N 0'27'36" E a distance of 29.00 feet to a 5/8 inch diameter iron pin on the northerly right-of-way of said E. Lanark Street and the POINT OF BEGINNING; Thence N 89'3353" W along said northerly right-of-way a distance of 23.48 feet to a point; Thence leaving said northerly right-of-way N 45"38'14" E a distance of 33.10 feet to a point on the westerly right-of-way of N. Nola Road; Thence N 0*27'36" E along said westerly right-of-way a distance of 117.51 feet to a point; Thence leaving said right-of-way N 22036'54" W a distance of 9.80 feet to a point; Thence a distance of 9.83 feet along the arc of a 23.00 foot radius curve left, said curve having a central angle of 24029'02" and a long chord bearing N 34'51'25" W a distance of 9.75 feet to a point; Thence a distance of 117.04 feet along the arc of a 55.50 foot radius curve right, said curve having a central angle of 12004952" and a long chord bearing N 13019,00" E a distance of 96.53 feet to a point; Thence S 0027'36" W a distance of 12.19 feet to a 5/8 inch diameter iron pin on the westerly right-of-way of said N. Nola Road; Thence along said westerly right-of-way a distance of 85.07 feet along the arc of a 44.00 foot radius curve left, said curve having a central angle of 100046'47" and a long chord bearing S 13045'00" W a distance of 72.43 feet to a 5/8 inch diameter iron pin; Thence continuing along said westerly right-of-way a distance of 13.23 feet along the arc of a 18.00 foot radius curve right, said curve having a central angle of 42006,12" and a long chord bearing S 20036'00" E a distance of 12.93 feet to a 5/8 inch diameter iron pin; Thence continuing along said westerly right-of-way S 0'27'36" W a distance of 157.17 feet to the POINT OF BEGINNING. " Meridian Parks La],M'd OlUt1 OnS Job No. 11-80 Land Surveying and Consulting Page 1 of 2 This parcel contains 1569 square feet and is subject to any other easements existing or in use. Clinton W. Hansen, PLS Land Solutions, PC Revised.- September 13, 2012 olutlonls Surveying and Consulting �NL LA N40 C:) \S T F a 11118 ;U 1111 8 0 (P 0 of 0 0 tv w /V W. Meridian Parks Job No. 11-80 Page 2 of 2 0 46 j5 V- 4 :r PR C V7 %R 4 cu LM A. 0 :3 U) a tit La le4 0 Al 80 BASIS OF BEARING CO N 0*26"11** E 00 735.271 C� qa CD QD tt� hJ m c Z > tj! ra 0. 46 j5 V- 4 :r t r Nom. C V7 %R 4 cu pf 0 :3 U) a tit La CU N LOST GROVE RD. 2650,93. s -1 .4 ca 1915.66' 0 C: 0000 Z U m < M Z z C) M 00, X co z z z m QN�4 00 a! CO X cz -4 fel c 004'. tj m to r- 0 co 0 c (A z z co (A � > LAu>m OW Z a Ln rq * I —J X IN v Z/ lao 117.51 S W27'36"' w 161.1-1— IVO -t N NOLA RD. L4 N 0*27'36w-- S r7T 6" W Co. -u 227.1r— m 0 C) — z z 20 Q