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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.