Property Exchange for Storey Park Deed - WARDRECORDING REQUESTED BYAND
WHEN RECORDED RETURN TO:
City Clerk
City of Meridian
33 East Broadway Avenue
Meridian, ID 83642
ADA COUNTY RECORDER J. DAVID NAVARRO AMOUNT .00
BOISE IDAHO 06/18/10 12:24 PM
DEPUTY Gail Garrett
RECORDED -REQUEST OF III I'IIIIIIII'll'll'lull
Meridian City 110056529
WARRANTY DEED
(Space Above For Recorder's Use)
For the valuable consideration, the receipt of which is hereby acknowledged, The
Western Ada Recreation District ("Grantor"), conveys, grants and warrants to The City of
Meridian, an Idaho Municipal Corporation, ("Grantee"), whose address is 33 East Broadway,
Meridian, Idaho 83642 and its successors and assigns forever, the following described real
property:
See Exhibit "A" attached hereto and incorporated herein.
SUBJECT TO any and all existing easements, rights-of-way, reservations,
restrictions and encumbrances of record, to any existing tenancies, to all
zoning laws and ordinances, and to any state of facts an accurate survey or
inspection of the premises would show.
This conveyance shall 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 herein described as well in law as in
equity.
The Grantor covenants to the Grantee that Grantor is the owner in fee simple of said
premises; that the premises are free from all encumbrances, excepting those as may be herein set
forth, and excepting those of record, and that Grantor will warrant and defend the same from all
lawful claims.
WARRANTY DEED - 1
IN WITNESS WHEREOF, the Grantor has executed this instrument on this�� day of
2010.
alt Morrow, President
hAA44 rte'
Gary D. Smith, Secretary
STATE OF IDAHO )
� )ss.
County of 'q )
On this 27_ day of , 2010, before me I"► r`�-G✓ .5 ,
personally appeared Walt Morrow anb Gary D. Smith, known or identified to me to be the
President and Secretary, respectively, of the Western Ada Recreation District, who executed the
within instrument on behalf of said District, and acknowledged to me that the District 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.
COD V3
'q: b ♦ �► Q
i G 0% = a
'Ca; �r
O
WARRANTY DEED - 2
NOTARY PUBLIC FOR IDAHO
Residing at _ /3.
My Commission Expires Z 6-- /-
z --
EXHIBIT "A"
A parcel of land, as shown on Record of Survey No. 6 73 q , on file under Instrument
No. j58- in the Office of the Recorder for Ada County, Idaho, lying in the Northwest
1/4 of Section 18, T.3N., RAE., B.M., Meridian, Ada County, Idaho, and more particularly
described as follows:
COMMENCING at the North 1/4 corner of said Section 18, marked by a brass cap;
thence along the North line of said Section 18
South 89020'05" West 1309.06 feet to the Northeast corner of Government Lot 1 of said
Northwest 1/4 of Section 18; thence along the East line of said Government Lot 1
South 00040'03" West 381.70 feet to the POINT OF BEGINNING, marked by an iron pin;
thence continuing
South 00040'03" West 32.54 feet to a point, marked by an iron pin; thence
North 51'52'37" West 51.93 feet to a point; thenge along a line parallel with said North
line of Section 18
North 89020'05" East 41.23 feet to the POINT OF BEGINNING.
Said Parcel Contains 671 Sq. Ft., more or less.
WARRANTY DEED - 3
ADA COUNTY RECORDER J. DAVID NAVARRO AMOUNT .00 12
BOISE IDAHO 06118110 12:24 PM
DEPUTY Gail Garrett III I I li I li II "I II I I'I I' I I I fill III SII
RECORDED -REQUEST OF 110056527
Meridian City
REAL ESTATE
EXCHANGE AGREEMENT
THIS Agreement is entered into for the purposes stated herein, this day of May,
2010, by the Western Ada Recreation District ("WARD"), and the City of Meridian City ("CITY"),
collectively referred to herein as " the parties."
WHEREAS, WARD owns or controls certain real property located in Ada County, Idaho
more particularly described as Parcel A in Exhibit A; and,
WHEREAS, CITY owns certain real property located in Ada County, Idaho more particularly
described as Parcel B in Exhibit B; and,
WHEREAS, the parties desire to enter into this real property exchange agreement whereby
WARD will convey Parcel A to CITY in exchange for CITY conveying Parcel B to WARD.
WHEREAS, CITY desires to own Parcel A so that the entire parking lot is in the ownership
of CITY, and WARD desires to own Parcel B so that the entire pool building and sidewalk are on
property owned by WARD; and,
WHEREAS, a Property Boundary Adjustment application regarding Parcel A and Parcel B
has been approved by the City of Meridian; and,
WHEREAS, after the parcels have been exchanged, the ownerships of the parties will be as
depicted on Ada County Record of Survey No. 8737, a copy of which is attached hereto for
illustrative purposes as Exhibit "C"; and,
WHEREAS, the City Council of the City of Meridian has declared that there is no value
assigned to either Parcel A or Parcel B for purposes of this exchange agreement and that CITY will
benefit from the boundary line adjustment because all WARD operations will now be contained on
property owned by WARD; and,
WHEREAS, WARD intends to execute a sanitary sewer and water line easement for the
portion of the CITY sewer and water lines that will be located on WARD property after its deed is
recorded, and CITY intends to execute a cross access and cross parking easement to allow WARD
patrons to access the community pool and park vehicles in the adjacent lot owned by CITY.
NOW, THEREFORE, in return for good and valuable consideration, including the agreement
set forth herein and the parties' proceeding to the closing of the property exchange contemplated
hereby (the "Closing"), the receipt and sufficiency of such consideration being hereby
acknowledged, the parties do hereby enter into this Agreement and the terms and conditions set forth
below.
REAL ESTATE EXCHANGE AGREEMENT - 1 -
1. IDENTIFICATION OF EXCHANGE PARCELS. The parcel that WARD intends
to exchange to City under the terms of this agreement is legally described as Parcel "A" on Exhibit
"A" attached hereto and incorporated herein. The parcel that CITY intends to exchange to WARD
under the terms of this Agreement is legally described as Parcel "B" on Exhibit `B" attached hereto
and incorporated herein.
2. "AS -IS" SALE. The parcels are sold "as -is."
3. EXECUTION OF AGREEMENT. WARD acknowledges that this agreement will
be executed by WARD before CITY executes the agreement and that the execution of the agreement
by the CITY is contingent upon ratification of the terms and conditions of this agreement by the
Meridian City Council and the Council's authorization for the Meridian City Mayor to execute this
agreement on behalf of the CITY.
4. TITLE COMPANY /TITLE INSURANCE.
A) The parties agree that Lawyers Title Company of the Treasure Valley shall
provide any requested title policy and preliminary report of commitment.
B) WARD agrees to pay for standard coverage owner's title insurance policy on
the parcel to be received by CITY under the terms of this Agreement. The Title Company will
provide a preliminary Title Report as soon as possible after execution of this agreement. Any party
requesting and reviewing a preliminary Title Report shall have five (5) days after receipt of the
Report to object in writing to the condition of the title as set forth in the report, unless said time
period is extended pursuant to this Agreement. In the event that a party makes written objection to
the title, the other party shall have a reasonable time to cure any defects of title. In the event the
other party cannot cure said defects, the objecting party may elect, as its sole remedy, to either (i)
REAL ESTATE EXCHANGE AGREEMENT - 2 -
terminate this Agreement, (ii) cure the defects at the objecting party's expense, or (iii) proceed to
closing, taking title subject to such defects. If the parties do not so object, the parties shall be
deemed to have accepted the condition of the title.
5. CLOSING DATE AND TITLE CONVEYANCE
A) Closing shall occur on the date on which the deeds to all properties are
recorded in satisfaction of the requirements of this Agreement.
B) Title to the properties identified under this agreement shall be conveyed by
Warranty Deed and shall be marketable and insurable with the exception of any other liens,
encumbrances or defects allowed herein or otherwise approved by the receiving party.
C) The deeds shall substantially conform to the sample deed set forth in Exhibit
"D" attached hereto and incorporated herein.
D) When WARD is satisfied with the state of title to the parcel that it is receiving
under this agreement and is ready to proceed to Closing, WARD shall deliver its Deed to City with a
written instruction to record the deed when City is satisfied with the state of title to the parcel that it
is receiving under this agreement and is ready to proceed to closing. City shall record the deeds
concurrently and shall only do so after the requirements of this clause have been met.
E) Immediately after Closing, WARD shall record a sanitary sewer and domestic
water line easement in favor of CITY, the form and content of which have already been approved by
the parties.
F) Immediately after Closing, CITY shall record a cross access/cross parking
REAL ESTATE EXCHANGE AGREEMENT
-3-
easement in favor of WARD, the form and content of which have already been approved by the
parties.
6. POSSESSION. The parties shall be entitled to possession of their respective
properties on the day of closing.
7. DEFAULT. In the event that a party does not perform in accordance with the terms
and conditions of this agreement then the other party shall have any recourse under the law to
enforce this contract.
8. ATTORNEY FEES. In the event of default by either of the parties in their
performance of the terms or conditions of this agreement, the defaulting party agrees to pay all
attorney fees and costs incurred by the non -defaulting party and in the event of suit the prevailing
party shall be entitled to its reasonable attorney fees and costs.
9. CONDITION OF PROPERTY AT CLOSING/MAINTENANCE AFTER
CLOSING. The parties shall maintain their respective properties until the closing in their present
condition, ordinary wear and tear excepted. After Closing, each party shall be responsible for
maintenance of the parcels that they receive under this Agreement.
10. REPRESENTATIONS AND WARRANTIES. Each party represents and warrants
to the other regarding their respective properties:
A. The party has received no notice from any governmental agency that the
properties are in violation of any statute, law, ordinance, rule, regulation, or deed restriction affecting
the Properties.
B. The parties have good, marketable title to their respective parcels. At the
time the deeds are placed into escrow, no other party shall have any right, title, or interest in the
REAL ESTATE EXCHANGE AGREEMENT - 4 -
subject property.
C. There is no pending or threatened litigation or condemnation proceedings
affecting the Properties and there are no governmental assessments or local improvement district
assessments on the Properties nor are there any agreements to convey any portion of the Properties to
any other party.
D. Each party has disclosed to the other party the presence of all hazardous
substances or storage tanks that the disclosing party is aware of on their respective properties.
"Hazardous Substances" means any hazardous, dangerous or toxic substance (including petroleum
products) as defined under federal, state and/or local law, including all regulations promulgated
under such laws.
11. ENTIRE AGREEMENT. This Agreement, including any addendum or exhibits,
constitutes the entire Agreement between the parties, and no warranties, including any warranty of
habitability, agreements or representations have been made or shall be binding upon either party
unless herein set forth.
12. TIME IS OF THE ESSENCE IN THIS AGREEMENT. THIS IS A LEGALLY
BINDING AGREEMENT. THE PARTIES EACH REPRESENT THAT THEY HAVE HAD
THE OPPORTUNITY TO CONSULT LEGAL COUNSEL REGARDING THE TERMS AND
CONDITIONS OF THIS AGREEMENT AND THE INSTRUMENTS REFERRED TO
HEREIN.
13. SURVIVAL OF TERMS: All the terms and conditions hereof and all instruments
referred to herein and contemplated hereby shall survive closing and the transfer of title and shall
REAL ESTATE EXCHANGE AGREEMENT - 5 -
remain in full force and effect in accordance with their terms.
14. BINDING ON SUCCESSORS: This Agreement shall be binding upon and inure to
the benefit of the parties and their respective successors and assigns.
15. IDAHO LAW: This Agreement shall be construed and governed in accordance with
the laws of the State of Idaho.
16. HEADINGS: Headings preceding the text of the several Articles and Sections
hereof, and the table of contents, are solely for convenience or reference and shall not constitute a
part of this Agreement or affect its meaning, construction or effect.
REAL ESTATE EXCHANGE AGREEMENT - 6 -
IN WITNESS WHEREOF, the parties have executed and attested this Agreement as of the date and
year first above written.
WESTERN ADA RECREATION DISTRICT
Walt Morrow, President
— /Jryd�
- �4 �
Gary D. Smith, Secretary
THE CITY OF MERIDIAN
Tammy erd, MAYOR
ATTEST: ���`�•� Of
'4
� � \�pRPORe� TFO i
aycee olman, CITY CLERK ESEAL
"9 pM
Q e�\
COUNTY 16,,`��,
1111110w
REAL ESTATE EXCHANGE AGREEMENT - 7 -
STATE OF IDAHO )
) ss.
County of Ada )
On this g day of in the year 2010, before me,
W . �y�?,wvi•� , personally appeared Walt Morr w and Gary D. Smith, known or identified to me
to be the President and Secretary, respectively, of the Western Ada Recreation District who executed said
instrument on behalf of aWJA j; t, and acknowledged to me that the District executed the same.
IAAR
z C �0 �,►�
(SEAL) ft ' a 10
Ica• G
1
STATE OF IDAHO )
) ss.
County of Ada )
NOTARY PUBLIC FOR IDAHO
Residing at: 3o�ie Idaho
My Commission expires: ;? i 2�-
On this 2 P day ofA , 2010, before me, a notary public in and for said
state, personally appeared Tammy de Weerd and Jaycee L. Holman known to me to be the Mayor and City
Clerk of Meridian City, Idaho, who executed the within instrument, and acknowledged to me that Meridian
City executed the same.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day
and year first above written.
*even.*
�1CA dp
• Cy, pTA$��;
(SEArh, `.tti •
AUB1.1G ; o:
''`�fE OF ��►••
Notary Public f I aho
Residing at�o� Idaho
My commission expires: Jan L1 , dot ',
REAL ESTATE EXCHANGE AGREEMENT " 8
EXHIBIT "A"
TEAL Y'S LAND 187 E. 50th Street a Garden City, Idaho 83714
SURVEYING (208) 385-0636
F3 Fax (208) 385-0686
Project No.: 3365
Date: January 21, 2010
DESCRIPTION
OF
COMMUNITY POOL EXCHANGE PARCEL
FOR
WESTERN ADA RECREATION DISTRICT
A parcel of land, as shown on Record of Survey No. E' 3 _q, on file under Instrument
No,11_0!�_ in the Office of the Recorder for Ada County, Idaho, lying in the Northwest
1/4 of Section 18, T.3N., RAE., B.M., Meridian, Ada County, Idaho, and more particularly
described as follows:
COMMENCING at the North 1/4 corner of said Section 18, marked by a brass cap;
thence along the North line of said Section 18
South 89°20'05" West 1309.06 feet to the Northeast corner of Government Lot 1 of said
Northwest 1/4 of Section 18; thence along the East line of said Government Lot 1
South 00°40'03" West 381.70 feet to the POINT OF BEGINNING, marked by an iron pin;
thence continuing
South 00°40'03" West 32.54 feet to a point, marked by an iron pin; thence
North 51°52'37" West 51.93 feet to a point; thenFe along a line parallel with said North
line of Section 18
North 89020'05" East 41.23 feet to the POINT OF BEGINNING.
Said Parcel Contains 671 Sq. Ft., more or less.
5-1
'TEALEY'S LAND 187 E. 50th Street ® Garden City, Idaho 83714
SURVEYING (208) 385-0636
Fax (208) 385-0696
Project No.: 3365
Date: January 21, 2010
DESCRIPTION
OF
STOREY PARK EXCHANGE PARCEL
FOR
WESTERN ADA RECREATION DISTRICT
A parcel of land, as shown on Record of Survey No.zial-I on file under Instrument
No. jj G O a.1 M in the Office of the Recorder for Ada County, Idaho, lying in the Northwest
1/4 of Section 18, T.3N., R.1 E., B.M., Meridian, Ada County, Idaho, and more particularly
described as follows:
COMMENCING at the North 1/4 corner of said Section 18, marked by a brass cap;
thence along the North line of said Section 18
South 89 20 05 West 1309.06 feet to the Northeast corner of Government Lot 1 of said
Northwest 1/4 of Section 18; thence along the East line of said Government Lot 1
South 00040'03" West 381.70 feet to a point, marked by an iron pin; thence along a line
parallel with said North line of Section 18
South 89°20'05" West 41.23 feet to the POINT OF BEGINNING; thence continuing
South 89°20'05" West 318.57 feet to a point, marked by an iron pin; thence
North 00040'03" East 11.43 feet to a point, marked by an iron pin; thence
North 87°14'16" East 173.69 feet to a point of curve, marked by an iron pin; thence along
the arc of a curve to the left 55.71 feet, said curve having a radius of 66.00 feet, a central angle
of 48021'47", and a long chord bearing
North 63°03'22" East 54.07 feet to a point, marked by an iron pin; thence
North 38°52'29" East 44.52 feet to a point, marked by an iron pin; thence
South 51°07'31" East 19.67 feet to a point, marked by an iron pin; thence
South 38052'29" West 16.49 feet to a point, marked by an iron pin; thence
South 51°52'37" East 81.11 feet to the POINT OF BEGINNING.
Said Parcel Contains 7,501 Sq. Ft., more or less.
.3 -1, 7C; 4 A S
EXHIBIT "C'
k F
0 U
g La a
U N: p
0 till
w ;
tlli 6 k 3 0
u
19
4^. r. >id iif)`.i nri'd ri <i 0!•!�... l:)': i I..
,eoeroi r .Eo.or.00 s
'Y. •:. u (e W
z Kg -"JAS
Pkkk �?
�NI y a 1 W q OC 8.N 1
$8 8"r.:j
3 `rl �m .GI'416y 3 .SOM1.00 N ---------
WK?,
M .E0.04.00 St _ l — s-.6YOH
10 12 mo
�i
Ilm m o@ R� _ '��.W ��1 � �� 7 4 5$�� 45 � J J � � n � � �• � } 9�
g~EW ~ O O y19~ W o
Z �`��� it
I I I '• � i a s�
4 W F 11 sD m o•° y I 1 1
{WZ- gyRIO',
ds g3 ag33
�Iq oliv a;u -�• �" F agggg d
H� as $ni Q l
z �
k g
1
3 .40"_191,f0_Ng.
m 3.91.61.ION 'j$ WYW •$
r, • � k
„c
4 --- .IEY59i 3.L0.5r.00x --_ miu
Q °a Nv!aa3w
m
N
�L
Z�
'N
�D�
Atn
W"
Fnd
Z
�g
8g
i Q V1
A
0 ji m
f
4
MMZ
�oz¢
E W d d
o�
161 �g
�
S �� $$
•�
°g: §
.z
W°
U
z
Y
i�g
d
M e
tS
8
a �'
W
b
�i
�y
ownv3e to slsve
qV
Y
'69CZ . •CG•ti.0o C
.frt.IC'331
k F
0 U
g La a
U N: p
0 till
w ;
tlli 6 k 3 0
u
19
4^. r. >id iif)`.i nri'd ri <i 0!•!�... l:)': i I..
,eoeroi r .Eo.or.00 s
'Y. •:. u (e W
z Kg -"JAS
Pkkk �?
�NI y a 1 W q OC 8.N 1
$8 8"r.:j
3 `rl �m .GI'416y 3 .SOM1.00 N ---------
WK?,
M .E0.04.00 St _ l — s-.6YOH
10 12 mo
�i
Ilm m o@ R� _ '��.W ��1 � �� 7 4 5$�� 45 � J J � � n � � �• � } 9�
g~EW ~ O O y19~ W o
Z �`��� it
I I I '• � i a s�
4 W F 11 sD m o•° y I 1 1
{WZ- gyRIO',
ds g3 ag33
�Iq oliv a;u -�• �" F agggg d
H� as $ni Q l
z �
k g
1
3 .40"_191,f0_Ng.
m 3.91.61.ION 'j$ WYW •$
r, • � k
„c
4 --- .IEY59i 3.L0.5r.00x --_ miu
Q °a Nv!aa3w
m
o
S 38°52'29" W 16.49' \
CURVE TABLE
LINE TABLE
EXCHANGE PARCEL EXHIBIT
LINE
v
LENGTH
FOR
N 00°40'03" E
11.43'
L2
WESTERN ADA RECREATION
DISTRICT
L3
S 51°07'31" E
19,67-
9 67'L4
LYING IN THE NW 1/4, SECTION 18, T.3N., R.IE.,
B.M.,
MERIDIAN, ADA COUNTY, IDAHO
NE COR. NORTH
GOV. LOT 1
174 COR.
E. FRANKLIN ROAD
7
12
7 S 89°20'05" W 2401.71'
13
1092.65'
18
1309.06' 18
o
0 30 60 120 Q�
I -
z
iv
i N
SCALE IN FEET
Q
1" = 60'
0�
N 89°20'05" E
m 13
LLJ
v vR 41.23'
Ip
i
1 0
L- I N g7 '14 ' 16" E
173.69'
E
I o
I POOL
I �P.0 B.
- - - - - - --
S 89°20'05" W 318.57'
PARK"
-
✓32.54'
r
IN,
P.0.8.
\
STOREY PARK
\
EXCHANGE PARCEL N 51°52'37" W
AREA = 7,501 Sq. Ft. 51.93'
COMMUNITY POOL
\
EXCHANGE PARCEL
\
AREA = 671 Sq. Ft.
IN,
v
o
S 38°52'29" W 16.49' \
CURVE TABLE
LINE TABLE
LINE
BEARING
LENGTH
LI
N 00°40'03" E
11.43'
L2
N 38°52'29" E
44.52'
L3
S 51°07'31" E
19,67-
9 67'L4
L 4
o
S 38°52'29" W 16.49' \
CURVE TABLE
CURVERADIUS
DELTA
LENGTH BEARING
CHORD
C- I
66.00'
48°21'47"
1 55.71' 1 N 63°03'22" E
1 54.07'
3365-EXHIBITS.dwg 01-04-10 10:06:56 Morgo
TEALETS LAND SURVEYING
187 EAST 50th STREET 0 - GARDEN CITY, ID. 83714
208-385-0636 ml
Meridian City Council
May 26, 2010
Page 43 of 79
Bird: Second.
De Weerd: I have a motion and a second to approve Item 9-J. Any discussion,
Council? Seeing none, Madam Clerk.
Roll -Call: Bird, yea; Rountree, yea; Zaremba, yea; Hoaglun, yea.
De Weerd: All ayes. Motion carried.
MOTION CARRIED: ALL AYES.
K. Public Hearing: Land Trade - Proposed Exchange of Real
Property Located at 213 and 215 E. Franklin Road. Proposed
Transaction Would Exchange Deeds as Part of a Boundary
Line Adjustment in Order to Include the Pool Building,
Sidewalk, and Snow -Cone Shack on the Parcel Owned by
Western Ada Recreation District, Parcel No. 110021878.
De Weerd: Item 9-K is a public hearing on a land trade. I will
Rountree: Madam Mayor?
De Weerd: Yes.
Rountree: Before you open the hearings I need to recuse myself.
De Weerd: Okay. See you later. We do have still a quorum. I will open this public
hearing and who is doing it? Mr. Nary.
Nary: Thank you, Madam Mayor, Members of the Council. We have a very quick
overhead to show you. This item I think you have heard this previously. This is,
basically, a cleanup of some property between Storey Park and Western Ada
Recreation District's portion that's adjacent to Storey Park where the swimming pool is.
There is an aerial that I think is the second slide, maybe, Bill. There we go. Mr. Smith
is here from the Western Ada Recreation District to kind of explain their part, but,
basically, this is the public hearing showing the different boundaries adjustments that
we are doing in this and probably Mr. Smith is probably better than me to explain the
specifics of what the -- basically, the little differences in these property lines and what's
being traded between the city and WARD to kind of clean up and make it a clearer
defined parcels in this particular area. Mr. Smith, if you would be able to at least point
out to the Council exactly where the -- I guess the clean ups are, these particular yellow
lines that are on this aerial I think.
Smith: Thank you, Mr. Nary. Madam Mayor and Council Members, my name is Gary
Smith, I reside at 3917 Kootenai Street in Boise. I'm secretary treasurer for Western
Ada Recreation District and I have been working with the City of Meridian Parks
Meridian City Council
May 26, 2010
Page 44 of 79
Department and Legal Department to see that this transfer goes through, so that the
property lines accurately depict the improvements that have been made many many
years ago by Western Ada Recreation District on the community swimming pool. The
present property line is depicted in the yellow line, that's the triangular shape and what
the proposal is is to intercept the existing property line on the east side and proceed
northwesterly around or parallel to the existing improvements out there, jog up around
the little area that we have for a snow cone shack and, then, back -- follow the south
edge of the access road to Storey Park, back to the approximate west existing corner of
the Western Ada property. The exchange is -- that Western Ada Recreation District
would be deeding to the City of Meridian is a small triangular area at the northeast
corner of that triangle. I'll circle it. And the area that the city would be deeding to
Western Ada Recreation District is that area just north of the east -west existing yellow
property line. Presently the east -west property line goes through the swimming pool
building that's existing out there and so this would include, then, all the improvements
that had been made to the swimming pool property and structures. And, like I say, this
-- this building is -- swimming pool was built I think in 1972 and so this situation has
existed since that time.
Nary: Madam Mayor, Members of the Council, additionally in your packets you will see
along with this land exchange there is cross -access -- cross -parking easement from the
city to Western Ada. There is a deed from the city to WARD, there is a deed from
WARD to the city for the property exchanges. So, if all of it's in order for you, it is on
your Item 11-A on your agenda if -- if it's all -- you find acceptable. So, I'd stand for any
questions.
De Weerd: Mr. Nary, I guess we have other clean up issues in this same park and what
-- what has been the discussion is that that's equal trade and by doing this it's another
governmental agency, so maybe that addresses any concern about precedence set, but
do you have any concern with that?
Nary: Madam Mayor, Members of the Council, Mr. Baird from my office is the one that's
worked with the -- with WARD on this particular issue and I think that you're correct,
because we have another governmental entity we really are cleaning up, essentially,
existing encroachments on both sides and that's really it, versus dealing with a nonprofit
entity or someone else in this park, because, you're right, we do have other issues, but
those were based on public land acquisition and those other issues that Mayor and
Council are aware of.
De Weerd: Okay. Thank you.
Hoaglun: Madam Mayor, one quick question. I recall when we discussed this a year,
year and a half ago, was there some utility or something up towards that farther end that
was of concern or -- I don't know if there was a well head or a well something. Maybe
I'm thinking of something entirely different, but I just -- in the back of my mind there was
something that everything's okay with that, there is no issue out there. May be it was a
pump -- an irrigation pump. No, that was down there, the -- not the one down by the
Meridian City Council
May 26, 2010
Page 45 of 79
speedway, but -- I just remember that thin strip, there was something in there that we
had discussed.
Smith: Madam Mayor, Councilman Hoaglun, Council, originally my board wanted to
extend this property transfer out to the west to Main Street and, then, come back -- and
it was just a small sliver, yeah, you're absolutely right. Within that sliver of ground there
is a well -- monitoring well -- ground water monitoring well that's existing. There was a
fire hydrant, there were several trees, there was some informational signs, there was
talk about moving the initial point sign in Storey Park out to that area. So, that
discussion kind of went away and moved that property line adjustment back to where it
is -- where I have shown it on the cross -hatched area. But, you're right, that was
discussed at one point.
Hoaglun: Okay. Great. Thanks for that clarification, Gary.
De Weerd: Okay. Anything further? Okay. Thank you.
Smith: Thank you. I want to thank the City of Meridian and -- for your cooperation in
getting this thing resolved and Steve Siddoway and his staff at the Parks Department
and Ted Baird in the Legal Department, have been very helpful. Thank you very much.
De Weerd: Thank you. Well, it's taken how many years to clean it up? We are glad to
see it done.
Bird: Twenty-eight.
De Weerd: This is a public hearing. Is there anyone who would like to provide
testimony on this item? Okay. Council, if you have no further questions, I would
entertain a motion to close.
Zaremba: Madam Mayor?
De Weerd: Mr. Zaremba.
Zaremba: I move we close the public hearing on the land trade, Item K.
Hoaglun: Second.
De Weerd: Okay. I have a motion and a second to close the public hearing on Item 9-
K. All those in favor say aye. All ayes. Motion carried.
MOTION CARRIED: ALL AYES.
De Weerd: Mr. Zaremba.
Zaremba: Do we want to act on 11-A now or just wait it until comes up --
Meridian City Council
May 26, 2010
Page 46 of 79
De Weerd: Pardon?
Nary: Madam Mayor, Members of the Council, you can take up 11-A now if you wish or
you can just wait until you get to that section of your agenda.
Zaremba: It's the ordinance that enables this?
Nary: Yes.
De Weerd: Okay.
Nary: It's your function. You can do it now or you can do it in about 15, 20 minutes
when we get to that.
De Weerd: While Mr. --
Zaremba: To prevent Mr. Rountree from coming and going and coming and going, I
might offer a motion now.
A. Ordinance No. 10-1446: Approving Property Exchange to
Complete Property Boundary Adjustment with the Western
Ada Recreation District at Storey Park
De Weerd: Okay. I would entertain it. I would ask the city clerk to, please, read Item
11-A, ordinance 10-1446 by title only.
Holman: City of Meridian ordinance number 10-1446, an ordinance authorizing the
exchange of certain city owned real property located at 213 and 215 East Franklin Road
in the City of Meridian Storey Park lying in the northwest one quarter, Section 18,
Township 3 north, range 1 east, Boise Meridian, Ada County, Idaho, the transaction
exchanges deeds as part of a property boundary line adjustment of the site at the
Meridian community swimming pool, owned by Western Ada Recreation District and
Storey Park, owned by the lty of MCitidiauthorizingthe
tdeed and othercity clerk to
documents
execute and attest on behalf of theY of Meridian
necessary to complete the transaction, providing for a waiver of the reading rules and
providing an effective date.
De Weerd: Thank you. You have heard this ordinance read by title only. If there is a
member of the public who would like it read in its entirety, we can do so. Seeing none.
Zaremba: Madam Mayor?
De Weerd: Mr. Zaremba.
Zaremba: I move we approve and adopt ordinance 10-1446.
Meridian City Council
May 26, 2010
Page 47 of 79
Hoaglun: Second.
De Weerd: I have a motion and a second to approve the --
Zaremba: I'm sorry. Did we need to say with suspension of rules?
De Weerd: Yes.
Zaremba: When does that happen?
Nary: Yes.
Zaremba: I add to my motion suspension of rules.
Hoaglun: Second agrees.
De Weerd: Thank you. I do have a motion and a second to approve Item 11-A. If there
is no discussion, Madam Clerk, will you, please, call roll.
Roll -Call: Bird, yea; Rountree, yea; Zaremba, yea; Hoaglun, yea.
De Weerd: All ayes. Motion carried.
MOTION CARRIED: ALL AYES.
L. MFP 10-002 Madelynn Estates by Jane Suggs Located West
Side of Locust Grove, Midway Between Chinden Boulevard
and McMillan Road: Request to Modify Note 3 and 9 on the
Recorded Final Plat to Designate Lot 1, Block 8 as a Common
Open Space Lot in Lieu of a Buildable Lot
De Weerd: Item 9-L is MFP 10-002. 1 will ask for staff comments at this time.
Parsons: Thank you, Madam Mayor, Members of the Council. This is another public
meeting request for a final plat modification for Madelynn Estates. The subject site is
Lot 1, Block 8 of Madelynn Estates Subdivision. It's located internally to the site.
Approximately a quarter mile west of Locust Grove. The applicant's request is to,
basically, convert the -- change the plat notes approved with the final -- recorded with
the final plat to incorporate Lot 1, Block 8, as buildable lot -- or as a common lot, so they
can commence with construction of a pool -- community swimming pool. I did want to
point out that staff had issued a CZC on the site for those improvements already, so it
has -- it was contingent upon approval of the final plat modification. The applicant's
here in the audience this evening. No outstanding issues for you and I would be happy
to answer any questions you may have.