2009-676 Exchange Real Property Heroes ParkCITY OF MERIDIAN RESOLUTION NO. ()� - Coto
BY THE CITY COUNCIL: BIRD, HOAGLUN, ROUNTREE, ZAREMBA
A RESOLUTION DECLARING THE INTENT OF THE CITY OF MERIDIAN
TO OFFER FOR EXCHANGE CERTAIN REAL PROPERTY LOCATED AT 3064
WEST MALTA DRIVE IN THE CITY OF MERIDIAN AND LEGALLY
DESCRIBED AS A PORTION OF LOT 04 OF BLOCK 38 OF THE LOCHSA FALLS
SUBDIVISION NO 09 (AT HEROES PARK) TO GAIN DEEDED PATHWAY
ACCESS BETWEEN THE NORTHWEST BORDER OF HEROES PARK AND
NORTH TEN MILE ROAD; INSTRUCTING THE CITY CLERK TO ESTABLISH
AND NOTICE A HEARING TO REVIEW THE PROPOSED EXCHANGE; AND
PROVIDING AN EFFECTIVE DATE.
WHEREAS, whenever the City Council proposes to exchange any real property,
Idaho Code Section 50-1402 requires a declaration of the City Council setting forth an
explanation of the intended exchange; and,
WHEREAS, when it is determined by the City Council to be in the City's best
interest that the property be offered for exchange, the City Council may, pursuant to the
procedure set forth in Idaho Code Section 50-1403, exchange any city -owned real property
for real property of equal value pursuant to terms which shall be a matter of public record;
and,
WHEREAS, the proposed transaction would exchange an unused .09 acre portion of
the city -owned Heroes Park for property of equal value, to wit: a. 15 acre parcel of privately
owned property to provide pathway access between the northwest boundary of Heroes Park
and North Ten Mile Road; 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 of the hearing; and,
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 offer for
exchange certain real property located at 3064 West Malta Drive in the City of Meridian and
legally described and depicted on Exhibits "A" and `B" respectively, attached hereto and
Resolution Declaring Intent to Exchange Real Property - page 1 of 6
incorporated herein, for a lot of equal value, to wit: a portion of real property located at 5850
North Ten Mile Road in the City of Meridian and legally described and depicted on Exhibits
"C" and "D" respectively, attached hereto and incorporated herein.
Section 2. 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 exchange
the real property.
Section 3. That this Resolution shall be in full force and effect immediately upon its
adoption and approval.
llk-
ADOPTED by the City Council of Meridian, Idaho, this I 4 day of
2009.
APPROVED by the Mayor of the City of Meridian, Idaho, this U day of
'—L� - 2009.
APPROVED:
MAYOR
Of M
ATTEST: �rFo
REAL
CITY CVERK
9
Resolution Declaring Intent to Exchange Real Property - page 2 of 6
Date: 7/7/09
Exhibit "A"
Project No.; 2411
located in the SWI/4 of the NW1/4 of Section 26, T. 4 N., R.1 W., B.£VI.,
Acta County, Idaho, being more particularly descried as follows:
Commencing at the west 1/4 corner of said Section 26, a found 5/8 inch rebar, CP &R, Inst. No.
99113293, corner records of said Ada County; Thence a bearing of N 00°20'42" E, a distance of
660.03 feet, on the west boundary of said Section 26, to a point; from which a found 5/8 inch rebar
marking the southwest corner of Siiverleaf Subdivision No. 1, Book 93, pages 11103-7.1105, plat
records of said Ada County, bears N 00°20'42" E, a distance of 297.96 feet; Thence a bearing of S
89°0759" E, a distance of 24.98 feet to a found 5/8 inch rebar on the east ri&-of-way boundary
Of North Ten Mile Road, marldng the southwest corner of a parcel of land described by deed Inst
No. 341397; Thence a bearing of S 8900759" E, a distance of 13.02 feet on the south boundary of
said parcel of land described by deed Inst. No. 341397, to a point on said east right-of-way
boundary of North. Ten We Road, said point being the fRTJE POINT OF BEGINNING of said
easement
Thence a bearing of S 89°0759" E, a distance of 255.33 feet, on said south boundary of a parcel of
land described by deed Inst No. 341397, to a found 5/8 inch rebar, being the southeast comer of
said parcel of land described by deed Inst. No. 341397; Thence a bearing of S 00°20'25" W, a
distance of 20.62 fees; on the southerly extension of the east boundary of said parcel of land
described by deed Test. No. =397, to a point Thence a bearing of N 87°05`49" W, a distance of
255.57 feet to a point on said east right-of-way boundary of North Ten Nh1e Road; Thence a
bearing of N 00°20'42" E, a distance of 11.54 feet; on said east fight -of -way boundary of North
Ten kMe Road, to the POINT OF BEGINNING.
Said described c contains 0.09 acres, more or less.
Resolution Declaring Intent to Exchange Real Property - page 3 of 6
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Resolution Declaring Intent to Exchange Real Property - page 4 of 6
Date: 2/9/09
Exh:ibie C Ij
Project No.: 241.1.
_ Iocated in the SW1/4 of the NW1/4 of Section 26, T. 4 N., R.1 W.,
B.M., Ada County, Idaho, being the northerly 25 feet of a parcel of land described by Quitclaim
Deed Inst. No. 34.1.397, deed records of said Ada County, being more particularly described as
follows:
Commencing at west 1/4 coater of said Section 26, a found 5/8 inch rebar, C.P.&F., Inst
No. 99113293, corner records of said Ada County, Thence a bearing of N 00020'42" E, a distance
of 957.99 feel; on the west boundary of said Section 26, to a found 5/8 inch rebar, being the
southwest corner of Silverleaf Subdivision No. 1, Book 93, pages 11103-11105, plat records of said
Ada County, and the northwest corner of said parcel of land described by Quitclaim Deed Inst
No. 341397, deed records of said Ada County; Thence a bearing of S 89°08'38" E, a distance of
25.00 feet on the south boundary of said Silverleaf Subdivision No. 1, to a point on the east right-
of-way
ightof-way boundary of North Teen We Road, being the TRUE POINT OF BEGINNING of said
easement
Thence a bearing of S 8908'38" E, a distance of 268.30 feet on said south boundary of
Silverleaf Subdivision No. 1, to a found 5/8 inch rebar, being the northeast comer of said parcel of
land described by Quiticlaim Deed Inst. No. 341397; Thence a bearing of S 00°20'25" W, a distance
of 25.00 feet on flee east boundary of said parcel of land described by Quitclaim Deed Inst No.
341397, to a point; Thence a bearing of N 89°08'38" W, a distance of 268.31 feet, to a point on said
east right-of-way boundary of North Ten Mile Road, Thence a bearing of N 00°20'54" E, a
distance of 25.00 feet, on said east right-of-way boundary of North Ten We Road, to the POINT
OF BEGINNING.
Said described i :ontains 0.15 acres, more or Jess.
Resolution Declaring Intent to Exchange Real Property - page 5 of 6
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Resolution Declaring Intent to Exchange Real Property - page 6 of 6