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Real Estate Exchange Agreement with WARD for Storey Park PoolADA COUNTY RECORDER J. DAVID NAVARRO AMOUNT .00 12 BOISE IDAHO 06118110 12:24 PM DEPUTY Gail Garrett i ! RECORDED -REQUEST OF III IIIIIIIIIIIIII IIII IIIIIIIID III III Meridian City 110056527 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 - I - 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 /jd`nv�VC— — )JAtf Gary D. Smith, Secretary THE CITY OF MERIDIAN Tammy erd, MAYOR ATTEST: M \\\\��o�.�O,�Fpp��, aycee loolman, CITY CLIK EAL - COUNTY � it'lif{lillIII%% \\\\ REAL ESTATE EXCHANGE AGREEMENT - 7 - STATE OF IDAHO ) ss. County of Ada ) On this � day of , in the year 2010, before me, personally appeared Walt Mon 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 s �.St, and acknowledged to me that the District executed the same. MAR -'••. �• c,jrofp NOTARY PUBLIC FOR IDAHO (SEAL) a�' cA Residing at: 13-o.4.c-e Idaho 7 i 2 My Commission expires:_ o t� ••••••NN�N���� STATE OF IDAHO ) ss. County of Ada ) On thisth �(2 day of _ �--t,AJ , 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. 'Some.* • ZCA do (SEmemo)���{�TA���� .•q fE of �q.•; • O Notary Public f I aho Residing atYV% Idaho My commission expires: Jan A, k>t� REAL ESTATE EXCHANGE AGREEMENT -8- EXHIBIT 'A" TEALETS LAND 187 E. 50th Street o Garden City, Idaho 83714 SURVEYING (208) 385-0636 El Fax (208) 385-0696 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. 673q , on file under Instrument No. 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 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 51052'37" West 51.93 feet to a point; thenpe 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. Project No.: 3365 Date: January 21, 2010 EXHIBIT 'B' TEALEY'S LAND 187 E. 50th Street • Garden City, Idaho 83714 SURVEYING (208) 385-0636 Fax(208)385-0696 DESCRIPTION OF STOREY PARK EXCHANGE PARCEL FOR WESTERN ADA RECREATION DISTRICT A parcel of land, as shown on Record of Survey No.R17:3 7on file under Instrument No. J L. U o 3..I R29 in the Office of the Recorder for Ada County, Idaho, lying in the Northwest 1/4 of Section 18, 73N., 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 00°40'03" 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 87014'16" 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 63003'22" East 54.07 feet to a point, marked by an iron pin; thence North 38052'29" 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 51052'37" East 81.11 feet to the POINT OF BEGINNING. Said Parcel Contains 7,501 Sq. Ft., more or less. to EXHIBIT 'C' d E-1 yy�y g �E %11 t W Zlk ►-1 y Y 9 U w 1•, N Y ��:..... SaG4o�ZL�P ox 52 12, 0 U � m rc N9 k t•,���is� k c8 -i lJ �4 �v •1 ' jbl"916 3 aEOtOk.W N _ �r •4. V R 'a• / wM �° 9111NV3B d0 Skria t.Kh9P mW .A'MN •.t146.00c� d yy�y g �E %11 c ���� = 3uifa y Y 9 U w 1•, N Y ��:..... � a ,!figysk C �nff .M y m rc N9 k t•,���is� k c8 -i lJ �4 �v c. a:iiJ"1F3 "� 4: tt i•! 'iifl!i :•i'<i b'.i 2d(1h!{JN � ;. i:L I u I c all .s U !! !£3 O 6 014.1 y Y 41 (� U k 1•, N t>t co o►.00 S Hr •. � o F m rc N9 � S -i lJ `o �v •1 ' jbl"916 3 aEOtOk.W N _ �r •4. V R r / wM QZ m mW �+ J, Oj �Z c. a:iiJ"1F3 "� 4: tt i•! 'iifl!i :•i'<i b'.i 2d(1h!{JN � ;. i:L I u I $5; > w Vt 's .v w � c all .s U !! !£3 O 6 014.1 y Y 41 (� 0 1•, N t>t co o►.00 S Hr •. � > F � ,rctrb N9 � S lJ �v •1 ' jbl"916 3 aEOtOk.W N .•. '" / m mW $5; > w Vt 's .v w � = 1 all .s U !! !£3 O 6 014.1 y Y 41 (� PC 1 N t>t co o►.00 S Hr •. _ .re � ,rctrb N9 lJ �v •1 ' jbl"916 3 aEOtOk.W N .•. '" / m mW �+ J, Oj �Z Nf i--------- —__.3— — M-------- ----- j .—..w 'OU NYMPMV K S=k = 1 all .s U !! !£3 O 6 014.1 y Y g PC 1 N Lill _ � 1 n N9 lJ �v •1 ' jbl"916 3 aEOtOk.W N .•. '" kilt zo VM qqEy@@i I lit 6 jT�d gin _t �r3t 1 rc �s U B FB 0 30 60 120 SCALE IN FEET I" = 60' EXCHANGE PARCEL EXHIBIT FOR WESTERN ADA RECREATION DISTRICT LYING IN THE NW 1/4, SECTION 18, T.3N., RAE., B.M., MERIDIAN, ADA COUNTY, IDAHO E. FRANKLIN ROAD 12 7 ���S 89°20'05" W 2401.71' 13 18 1092.65' 0 Z _Q Ld v�N 89 °20' ::E41.2: " S 8i L-1 N 87 '14'16" E 173.69' \ F NE COR. NORTH GOV. LOT I i//4 COR. 7 1309.06' 18 I iv N oI� �Iv "E m�3 I I� jo 1 0 j o POOL _ _ ��P.0.6 ' S 89°20'05" W 318.57' PARK 32.54' \ P.O.B. \ STOREY PARK \ EXCHANGE PARCEL N 51°52'3' W AREA = 7,501 Sq. Ft. 51.93 \ COMMUNITY POOL \ EXCHANGE PARCEL \ AREA = 671 Sq. Ft. ) LINE TABLE ` 3 LINE BEARING LENGTH LI N 00'40'03" E 11.43' '' o L2 N 38 °52'29" E 44.52' L3 S 51°07'31" E 19.67' L4 S 38°52'29' W 16.49' \ N CURVE TABLE CURVE RADIUS DELTA ILENGTHI BEARING CHORD C - ....l 66.00' 48°21'47" 1 55.71' 1 N 63003'22" E 54.07' TEALETS LAND SURVEYING 187 EAST 50th STREET e GARDEN CITY, ID. 83714 208-385-0636 0 3365-EXHIBITS.dwg 01-04-10 10:06:56 Margo ADA COUNTY RECORDER J. DAVID NAVARRO AMOUNT .00 11 BOISE IDAHO 06/18/10 12:24 PM DEPUTY Gail Garrett When Recorded Return To: RECORDED -REQUEST OF II I I II I II II I I� I� I I II II I I II I'I I II City Clerk Meridian City 110056530 City of Meridian 33 East Broadway Avenue Meridian, ID 83642 CROSS ACCESS PARKING EASEMENT AGREEMENT This Cross Access Parking Easement Agreement ("Agreement") is made effective this a(o+h day of KA &,,I , 2010, by and between the Western Ada Recreation District ("District"), and The City of Meridian, and Idaho Municipal Corporation ("City"). District and City may be collectively referred to as the Parties. RECITALS: WHEREAS, District owns certain real property in Ada County, Idaho, as legally described in Exhibit A, which exhibit is attached hereto and incorporated herein ("Parcel A") and depicted on Exhibit C; and, WHEREAS, City is the owner of that certain property adjacent to the District Property in Ada County, Idaho as legally described in Exhibit B, which exhibit is attached hereto and incorporated herein ("Parcel B") and depicted on Exhibit C, and, WHEREAS, the primary vehicular and pedestrian access to District's Parcel A is over and across City's Parcel B; and, WHEREAS, the Parties have determined that it would be mutually beneficial to allow the District to formalize the access to its site through this Agreement; and, WHEREAS, City agrees to grant to District a cross access easement for ingress and egress across its property under the terms and conditions outlined hereafter. AGREEMENT: NOW, THEREFORE, for good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the parties hereby agree as follows: 1. Grant. City, as grantor, hereby grants to District, its contractors, employees, agents, licensees and invitees, as grantee, a perpetual nonexclusive easement for ingress and egress by vehicular and pedestrian traffic and vehicular parking upon, over, on, across and through the portion of Parcel B as legally described on Exhibit D and depicted on Exhibit E, incorporated herein by this reference and referred to herein as the "Cross Access Area". 2. Maintenance. City agrees to provide all routine maintenance of the drive aisle and parking lot improvements constructed on the Cross Access Area on an "as -needed" basis, said maintenance to include periodic sweeping, painting of lane and parking stripes, asphalt repair and replacement, and maintenance of all landscaping improvements. It is understood and agreed, however, that because City is a governmental entity, the terms of this Section 2 of this Agreement shall in no way or manner be construed so as to bind or obligate City beyond the term of any particular appropriation of funds. City reserves the right to terminate its CROSS ACCESS PARKING EASEMENT AGREEMENT -1 obligations under this Section 2 if, in its judgment, the performance of said obligations would violate Article VIII, Section 3 of the Idaho Constitution, as a result of City's governing body's failure, neglect or refusal to appropriate sufficient funds as may be required for said party to continue performance under this Section 2. Any such termination shall take effect on ten (10) days' prior written notice after which all future rights and liabilities of City under Section 2 of this Agreement shall cease. 3. Use of Easement. The easement granted hereby are for the purpose of allowing for the joint use of the access and parking facilities located on the Cross Access Area by the Parties, their contractors, employees, agents, licensees and invitees. The Parties agree to cooperate regarding the joint use of said parking facilities. 4. Binding on Successors. This Easement shall be recorded in the official records of Ada County, Idaho, and shall be binding on the successors, administrators, executors and assigns (if permitted) of all parties hereto and shall run with the land. 5. Counterparts. This Easement may be executed in counterparts, each part being considered an original document, all parts being but one document. 6. Indemnification. District agrees to indemnify, defend and hold City, and its successors, assigns, and agents harmless from any and all claims, liability, losses, costs, charges, or expense that arise from District's use or use by its employees, licensees, agents, invitees, or representatives, of the Cross Access Area parcel pursuant to the easements granted hereby. 7. Insurance. District shall provide and maintain commercial general liability insurance covering its obligations under Article 6 and insuring it against claims for personal injury, bodily injury or death, and property damage or destruction. Such insurance shall be to a limit of not less than the minimum amounts as specified in the Idaho Tort Claims Act as set forth in Title 6, Chapter 9 of the Idaho Code. The limits of insurance shall not be deemed a limitation of the covenants to indemnify and save and hold harmless. S. Remedies. In the event of a breach hereunder by any party, the non -breaching party shall have all remedies available at law or in equity, including the availability of injunctive relief. In any suit, action or appeal therefrom to enforce or interpret this Easement, the prevailing party shall be entitled to recover its costs incurred therein, including reasonable attorneys' fees and disbursements. 9. Assignment. Neither party shall sell, transfer, nor assign its interest in this Agreement without the written consent of the other party, which other party is free to withhold for any reason. 10. Easement Obstructions. No fence or other barrier shall be erected or permitted within or across the Access Easement Area which would prevent or obstruct the passage of pedestrian or vehicular travel; provided, however, that the foregoing shall not prohibit (i) the temporary erection of barricades which are reasonably necessary for security and/or safety purposes for special events or in connection with the construction, reconstruction, repair and maintenance of improvements. It being agreed by the parties however, that all such work shall be conducted in the most expeditious manner reasonably possible to minimize the interference with the use of the easement, and such work shall be diligently prosecuted to completion, or (ii) the construction of limited curbing or other forms of traffic controls. CROSS ACCESS PARKING EASEMENT AGREEMENT - 2 11. Notices. All notices, demands and requests required or desired to be given under this Agreement must be in writing and shall be deemed to have been given as of the date such writing is (i) delivered to the party intended, (ii) delivered to the then current address of the party intended, or (iii) rejected at the then current address of the party intended, provided such writing was sent prepaid. The initial address of the signatories hereto is: City: City of Meridian, c/o City Clerk 33 East Idaho Avenue Meridian, Idaho 83642 District: Western Ada Recreation District P.O. Box 566 Meridian, Idaho 83680 Upon at least ten (10) days' prior written notice, each party shall have the right to change its address to any other address within the United States of America. IN WITNESS WHEREOF, the undersigned have caused this Easement to be executed the day and year first written above. WESTERN ADA RECREATION DISTRICT: ByL! Walt Morrow, President B ' Y Gary D. Smith, Secretary CITY OF MERIDIAN: By Tammy DeW, Mayor y ,ov- MEA,okII ,,,,f, ee Holman, City Clerk BEAL O CROSS ACCESS PARKING EASEMENT AGREEMENT - 3 STATE OF IDAHO ) ) ss. County of Ada ) On thaZ day of MA -1 , 2010, before me, the undersigned, a Notary Public in and for said State, personally appeared Walt Morrow and Gary D. Smith, known or identified to me to be the President and Secretary of the Western Ada Recreation District, respectively, who executed the within and foregoing instrument on behalf of said District, and acknowledged to me that said District executed the same. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and y Mjb Yr written. 5 •'•� Q'; Notary Public for: Residing at:�'- My commission expires: STATE OF IDAHO ) ) ss. County of Ada ) On this o)(o�"-, day of T, in the year 2010, before me, a Notary Public in and for the State of Idaho, personally appeared Tammy De Weerd and Jaycee L. Holman known or identified to me to be the Mayor and City Clerk of the City of Meridian, respectively who executed the instrument on behalf of said municipal corporation , and acknowledged to me that such municipal corporation executed the same. IN WITNESS WHEREOF, seal the day and year first above written. 0080.0 ••• IC •�•• • 1 :9�._ IC - o • • •• OF IDPH: I have hereunto set my hand and affixed my official ,11� A r--tzz� No y Public for: ALa-." 1A660 Residing at:�h�l���� My commission expires: ��a��,�iJ CROSS ACCESS PARKING EASEMENT AGREEMENT - 4 EXHIBIT A (Legal Description of WARD Pool Site) TEALEY'S LAND 187 E. 50th Street • Garden City, Idaho 83714 SURVEYING (208) 385-0636 El Fax (208) 385-0696 Project No.: 3365 Date: January 21, 2010 DESCRIPTION OF PARCEL A FOR WESTERN ADA RECREATION DISTRICT A parcel of land, as sh wn on the Record of Survey No.Aq3 q , on file under Instrument No. 1100 2,1 g ` 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 114 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 as shown on Record of Survey No. 2017 on file under Instrument No. 9168335 in the Office of the Recorder for Ada County, Idaho; thence along the East line of said Government Lot 1 South 00°40'03" West 414.24 feet to the POINT OF BEGINNING, marked by an iron pin; thence continuing South 00°40'03" West 247.34 feet to a point, marked by an iron pin; thence North 52°17'11" West 450.67 feet to a point, marked by an iron pin; thence North 00°40'03" East 11.43 feet to a point, marked by an iron pin; thence North 87014'16" 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 48°21'47", and a long chord bearing North 63003'22" East 54.07 feet to a point, marked by an iron pin; thence North 38052'29" 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 38°52'29" West 16.49 feet to a point, marked by an iron pin; thence South 51 °52'37" East 133.04 feet to the POINT OF BEGINNING. Said Parcel Contains 1.31 Acres, more or less. CROSS ACCESS PARKING EASEMENT AGREEMENT - 5 EXHIBIT B (Legal Description for Storey Park Site) --= TEALEY'S LAND 187 E. 50th Street • Garden City, Idaho 83714 SURVEYING (208) 385-0636 Fax (208) 385-0696 Project No.: 3365 Date: January 27, 2010 OF PARCEL B FOR CITY OF MERIDIAN A parcel of land, as shown on the Record of Survey No. 1 ,5, on file under Instrument No. I t OD a--1 978- in the Office of the Recorder for Ada County, Idaho, lying in the Northwest 1/4 of Section 18, T.3N., R.1E., 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 as shown on Record of Survey No. 2017 on file under Instrument No. 9168335 in the Office of the Recorder for Ada County, Idaho; thence South 00°40'03" West 47.44 feet to a point on the South right-of-way line of East Franklin Road as shown on Record of Survey No. 7077 on file under Instrument No. 105148498 in the Office of the Recorder for Ada County, Idaho, said point being on the Westerly line of Honor Park Subdivision No. 3, as filed for record in Book 78 of Plats at pages 8191 & 8192 in the Office of the Recorder for Ada County, Idaho, said point being the POINT OF BEGINNING, marked by an iron pin; thence along said Westerly line South 00040'03" West 234.91 feet to the Southwest corner of Lot 28 of Block 2 of said Honor Park Subdivision No. 3, marked by a lead plug and tack; thence along the Southerly line of said Honor Park Subdivision No. 3 North 89031'22" East 622.00 feet to the Southeast corner of Lot 26 of Block 2 of said Honor Park Subdivision No. 3, marked by an iron pin; thence along the Westerly line of said Honor Park Subdivision No. 3 South 00°40'03" West 1048.08 feet to the Southwest corner of Lot 12 of Block 2 of said Honor Park Subdivision, said point being on the North line of Honor Park Subdivision No. 2, as filed for record in Book 68 of Plats at pages 6959 & 6960 in the Office of the Recorder for Ada County, Idaho, marked by an iron pin; thence along said North line and along the North line of Honor Park Subdivision No. 1, as filed for record in Book 65 of Plats at pages 6652 & 6653 in the Office of the Recorder for Ada County, Idaho South 89°31'22" West 622.00 feet to the Northwest corner of Lot 4 of Block 2 of said Honor Park Subdivision No. 1, marked by an iron pin; thence along the East line of said Government Lot 1 North 00040'03" East 916.19 feet to a point, marked by an iron pin; thence North 51052'37" West 133.04 feet to a point, marked by an iron pin; thence North 38°52'29" East 16.49 feet to a point, marked by an iron pin; thence North 51007'31" West 19.67 feet to a point, marked by an iron pin; thence South 38°52'29" West 44.52 feet to a point of curve, marked by an iron pin; thence along the arc of a curve to the right 55.71 feet, said curve having a radius of 66.00 feet, a central angle of 48°21'47", and a long chord bearing South 63°03'22" West 54.07 feet to a point, marked by an iron pin; thence South 87°14'16" West 173.69 feet to a point, marked by an iron pin; thence South 00°40'03" West 11.43 feet to a point, marked by an iron pin; thence along a line parallel with said North line of Section 18 CROSS ACCESS PARKING EASEMENT AGREEMENT - 6 TEALEY'S LAND SURVEYING 187 E. 50", Street Garden City, Idaho 83714'(208) 385-0636 Project No.: 3365 Parcel B Description Page 2 of 2 South 89020'05" West 173.87 feet to a point on the East right-of-way line of South Main Street as shown on Record of Survey No. 8652 on file under Instrument No. 109110965 in the Office of the Recorder for Ada County, Idaho, marked by an iron pin; thence along said East right-of-way line North 01016'04" East 295.61 feet to a point on said South right-of-way line of East Franklin Road, marked by an iron pin; thence along said South right-of-way line North 47012'39" East 46.45 feet to a point, marked by an iron pin; thence continuing North 89020'05" East 156.25 feet to a point, marked by an iron pin; thence continuing North 88°03'42" East 340.86 feet (formerly 340.81 feet) to the POINT OF BEGINNING Said Parcel Contains 18.81 Acres, more or less. CROSS ACCESS PARKING EASEMENT AGREEMENT - 7 1Ac s•s ,3,17 ' '.k.0 -i A. 1" EXHIBIT C n a3 AERDLIN RD yR 0 a "Ne0•.Wgp'r -m, Gia y Fi - �' ower `"" _ k R�� �. x a� �� ozr.s•k� a. v g -------------- -a_ S. RAIN sT •a•w•E la 1$T8 ,� $ a gaga N OI 16'04• S +P w �•��� � r i z' I i I I I �$ � o ij A tj V I ISI o m it ...�,.. �\\ T s• aI 9, ewes•_ _ _ _ an.s•• \ d •N11' _ y 00`40!03• E 916_I9'S 00.•90 03 V� ;I a r gill 1 m a: [lull 74 z �, sa,. ••. SSS. W _ •.•r:.`•'.. $ Wit. �. 8 G Sv 8Y'�Y m y ` y A fn R oT 1 4 o 6 1 S 00.90.03• W 1049.09'- t — J. ^• t b I -I I LOT .. � LOT 1!iLOT 1i � LC:T ? � ^I �:`T r sao•n•se•r rdeser —S v �see�.srl p BASIS OF BEARING o C z oc ��a2& m T <' B 2� '&•....a S 0 jam. My d I.0..1 Cha $ PR? O ,10 Ill . \ A rn m -, I r� m D $ F 2 I S 1 g -4 CROSS ACCESS PARKING EASEMENT AGREEMENT - 8 EXHIBIT D (Legal Description of Cross Access Parcel) TEALEY'S LAND 187 E. 50th Street • Garden City, Idaho 83714 SURVEYING (208) 385-0636 Fax (208) 385-0696 Project. No.: 3365 Date: January 27, 2010 DESCRIPTION OF CROSS ACCESS EASEMENT AT STOREY PARK FOR WESTERN ADA RECREATION DISTRICT A parcel of land being a portion of 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 comer 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 1.8; thence along the East line of said Government Lot 1 South 00'40'03" West 47.44 feet to a point on the South right-of-way line of East Franklin Road as shown on Record of Surrey No. 7077 on file under Instrument No. 105148498 in the Office of the Recorder for Ada County, Idaho, marked by an iron pin; thence along said South right-of-way line South 88003'42" West 9.90 feet to the POINT OF BEGINNING; thence South 00050'34" West 96.29 feet to a point of curve; thence along the are of a curve to the right 54.75 feet, said curve having a radius of 85.00 feet, a central angle of 36°54'24", and a long chord bearing South 1901745" West 53.81 feet to a point; thence South 37°44'57" West 56.49 feet to a point; thence South 52°15'29" East 79.23 feet to a point; thence South 63°51'27' East 99.22 feet to a point of curve; thence along the arc of a curve to the right 50.65 feet, said curve having a radius of 45.00 feet, a central angle of 64029'33", and a long chord bearing South 31036'40" East 48.02 feet to a point; thence South 00°38'06" West 260.43 feet to a point; thence North 89°41'47" West 107.61 feet to a point; thence North 00038'57" East 210.91 feet to a point; thence North 51°52'37" West 144.97 feet to a point, marked by an iron pin; thence North 38°52'29" East 16.49 feet to a point, marked by an iron pin; thence North 51007'31" West 19.67 feet to a point, marked by an iron pin; thence South 38052'29" West 44.52 feet to a point of curve, marked by an iron pin; thence along the are of a curve to the right 55.71 feet, said curve having a radius of 66.00 feet, a central angle of 48°21'47", and a long chord bearing South 63003'22" West 54.07 feet to a point, marked by an iron pin; thence South 87°18'13" West 173.68 feet to a point, marked by an iron pin; thence South 87014'16" West 174..08 feet to a point on the East right-of-way line of South Main Street; thence along said East right-of-way line North 01 016'04" East 34.86 feet to a point; thence North 87000'43" East 339.85 feet to a point of curve; thence along the are of a curve to the left 29.72 feet, said curve having a radius of 35.00 feet, a central angle of 48038'40", and a long chord bearing North 62°41'23" East 28.83 feet to a point; thence CROSS ACCESS PARKING EASEMENT AGREEMENT - 9 TEALEY'S Ll, --.D SURVEYING 187E.50ntfeet, Garden Cit, Idaho 83714•(208)385.OW Project No.: 3365 Cross Access Easement Description Page 2 of 2 North 38022'04" East 184.37 feet to a point of curve; thence along the arc of a curve to the left 29.48 feet, said curve having a radius of 45.00 feet, a central angle of 37032'02", and a long chord bearing North 19°36'03" East 28.95 feet to a point; thence North 00050'02" East 96.00 feet to a point on said South right-of-way line of East Franklin Road; thence along said South right-of-way line North 88003'42" East 36.21 feet to the POINT OF BEGINNING. Said Parcel Contains 1.65 Acres, more or less. CROSS ACCESS PARKING EASEMENT AGREEMENT -10 4 4 "l CAA n EXHIBIT E CROSS ACCESS EASEMENT EXHIBIT AT STOREY PARK FOR WESTERN ADA RECREATION DISTRICT LYING IN THE NW 1/4, SECTION 18, T.3N., R.IE., B.M., MERIDIAN, ADA COUNTY, IDAHO 0 50 100 200 SCALE IN FEET V = 100' NE COR. GOV. LOT I NORTH 1/4 COR. I . 7 1309.06' / IB �S 00'40'03" W 47.44' $ 88'03'42' W 9.90' i 00"50'34° W 96.24' S 37.'44'57" W N M^ 56.49' ` Q / S 52"15'29' E 79.23' I NZ S 38°59'2.9" W ryR'O �// 44.52' r -A N 51'07 34.86' \ 237Z AREA Aa 71 9b5CROSS AC( 65 ACRES SS ENT \ \ CURVE TABLE CURVE RADIUS DELTA LENGTH BEARING CHORD E. FRANKLIN ROAD S 89°20'05" W 2401.71' t18 1092.65'N 88>03'42" E 36.21' C- 1 66.00' p a 4E 55.71' N 00'50'02 E f C- 2 96.00' NE COR. GOV. LOT I NORTH 1/4 COR. I . 7 1309.06' / IB �S 00'40'03" W 47.44' $ 88'03'42' W 9.90' i 00"50'34° W 96.24' S 37.'44'57" W N M^ 56.49' ` Q / S 52"15'29' E 79.23' I NZ S 38°59'2.9" W ryR'O �// 44.52' r -A N 51'07 34.86' \ 237Z AREA Aa 71 9b5CROSS AC( 65 ACRES SS ENT \ \ CURVE TABLE CURVE RADIUS DELTA LENGTH BEARING CHORD 3365-LLA.dwg 01-27-10 14:21:27 Margo 10 0 frn N N { O irk ISN m fm o 1 0 � cn 1107.61' -� � O N 89'41'47" W TEALEY'S LAND SURVEYING 187 EAST 501h STREET e - GARDEN CITY, ID, 83714 208-385-0636 a A CROSS ACCESS PARKING EASEMENT AGREEMENT -11 C- 1 66.00' 48'21'47' 55.71' S 63°03'22' W 54.07- C- 2 85.00' 36'54'24" 54.75' S 19°17'45" W 53.81' C- 3 45.00' 64°29'33" 50.65' S 31°36'40" E 48.02' C- 4 35.00' 48°38'40" 29.72' N 62°41'23" E 28.83' C- 5 45.00' 37'32'02' 29.48' N 19'36'03' E 28.95' 3365-LLA.dwg 01-27-10 14:21:27 Margo 10 0 frn N N { O irk ISN m fm o 1 0 � cn 1107.61' -� � O N 89'41'47" W TEALEY'S LAND SURVEYING 187 EAST 501h STREET e - GARDEN CITY, ID, 83714 208-385-0636 a A CROSS ACCESS PARKING EASEMENT AGREEMENT -11 RECORDING 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 3 BOISE IDAHO 06/18/10 12,24 PM DEPUTY Gall Garrett RECORDED -REQUEST OF Meridian City 11 0056529 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 MAJ _, 2010. alt M�Presidlennt, hAA14 V - Gary D. Smith, Secretary STATE OF IDAHO ) ss. County of A&-,,, ) On this 97day of , 2010, before me Sle, ~,q personally appeared Walt Morrow 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. WARRANTY DEED - 2 �'�,�'•. NOTARY PUBLIC FOR IDAHO = s Residing at /.3, i� My Commission Expires? Z 6-- Y a� EXHIBIT "A" A parcel of land, as shown on Record of Survey No. 6'73q , on file under Instrument No. o= 19 rig 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 114 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 00°40'03" 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 51052'37" West 51.93 feet to a point; thenge along a line parallel with said North line of Section 18 North 89°20'05" East 41.23 feet to the POINT OF BEGINNING. Said Parcel Contains 671 Sq. Ft., more or less. WARRANTY DEED - 3 EXHIBIT A A parcel of land, as shown on Record of Surrey No., on file under Instrument No. It (3 oil R�k in the Office of the Recorder for Ada County, Idaho, lying in the Northwest 1/4 of Section 18, T.3N., R.1E., B.M., Meridian, Ada County, Idaho, and more particularly described as follows: COMMENCING at the North 114 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 a point, marked by an iron pin; thence along a line parallel with said North line of Section 18 South 89020'05" West 41.23 feet to the POINT OF BEGINNING; thence continuing South 89020'05" West 318.57 feet to a point, mcirked by an iron pin; thence North 00040'03" East 11.43 feet to a point, marked by an iron pin; thence North 87014'16" 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 63003'22" East 54.07 feet to a point, marked by an iron pin; thence North 3805229" 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 51052'37" East 81.11 feet to the POINT OF BEGINNING. Said Parcel Contains 7,501 Sq. Ft., more or less. WARRANTY DEED - 3 Meridian City Council June 2, 2009 Page 7 of 33 Zaremba: And eventually when we annex them they will comply. Johnson: Yeah. Then, they will have the -- once they get annexed, then, they will have water supply, which will actually be an improvement in our ability to protect out there. Zaremba: Thank you. Rountree: Any further questions? Bird: Mr. President? Rountree: Mr. Bird. Bird: I move that we enter into an agreement with Diamond View Assisted Living for water/sewer hookup outside the city limits and for the president to sign and the clerk to attest. Zaremba: Second. Rountree: It's been moved and seconded to approve Item 6-B-1, the agreement with Diamond View Assisted Living. All those in favor. Opposed? Motion passes. MOTION CARRIED: ALL AYES. C. Parks Department: 1. Property Description for Western Ada Recreation Pool Site in Storey Park: Rountree: Next item on the agenda, Parks Department. Storey Park and Western Ada. Siddoway: Thank you, Mr. President. The Meridian Parks and Recreation Department has been approached by the Western Ada Recreation District regarding the pool site in Storey Park. You have a diagram in front of you on the screen. The yellow line depicts the current property line within which the Western Ada Recreation District owns -- has ownership. As you can see — let me see if this will work. That's all right. The line runs right through their existing building for the swimming pool and they are proposing that they would like to clean this situation up with a property line adjustment and quitclaim deeds. Mr. Gary Smith is here from Western Ada Recreation District and can speak more specifically if you have questions. At this point we are just looking for direction as to whether this is something we should pursue. There are still outstanding questions that need to be resolved. Because these properties were purchased through -- with land and water conservation fund monies, we need to -- I see a head shaking. Am I incorrect about that, Mr. Bird? Meridian City Council June 2, 2009 Page 8 of 33 Rountree: Actually, LWC monies were spent for the construction of the pool and the park property, as well as the pool property, were donated by the dairy board. Hoaglun: Okay. Rountree: Now, just a point of clarification for those that are confused as to how this could happen, this is an example of how Meridian got to be Meridian, through cooperation and the spirit of needing something and just flat getting it done. This goes back to the early 70s and it's just a happenstance of the community needing a swimming pool and a place to have it and having benefactors in the community to make it happen. So, today when you do something in the park or at the pool, you do a survey to make sure things are square with the world and it just so happens there is a pool improvement being done and a new survey took place and low and behold they didn't quite match up. So, just trying to remedy that. Siddoway: So, the area shown in orange is the area that's proposed to be deeded to the Western Ada Recreation District out of the park. It would have a — it would result in a slight decrease in the park acreage overall, but the end result would be a much cleaner property line. Mr. Baird, any comments about the involvement or reviews that this would have to go through? Baird: Mr. President, Members of the Council, just a reminder that when the city disposes of any real property, whether it be to another governmental agency, we have to go through a public hearing process, a notice and hearing whereby the Council would direct that the land be deeded. So, I think that's what we are looking for direction from the Council tonight would be whether or not you want us to bring this back for a public hearing in order to quitclaim that orange portion to the Western Ada Rec District. Rountree: Thank you, Ted. Any questions? Comments? Bird: Mr. President, I would -- I think it would be a real nice thing to get it straightened out. I thought we had done it about eight or nine years ago, but evidently it wasn't followed through with. Seeing how both the land for Storey and this was donated by the same outfit, I don't know why it would be a hang up not to go for a quitclaim and give it to Western Ada where it's not taking that much park area for us I don't believe. So, I would be in favor of going ahead with it. Zaremba: Mr. President? Rountree: Mr. Zaremba. Zaremba: I, too, think it's a good idea. The only thing I would wonder is in the northwest comer depiction of it, that little tiny sliver that sticks out, I'm guessing the two rough circles are trees and I would wonder why the line doesn't just go to the right -- of the right of those two trees. Why is there a couple of foot wide section that sticks out -- yes, you're pointing to the right place. Is there any reason to have that odd little piece? Meridian City Council June 2, 2009 Page 9 of 33 Rountree: No. Zaremba: It seems like the line would be simpler if you just -- Siddoway: I think maybe what we ought to do is as we look into this we can look into how its likely to be maintained, because that is right where the road does come around and it's probably more easily maintained with the pool property. However that makes the most sense we can make that work. Zaremba: Thank you. Hoaglun: Mr. President, I'd just weigh in on this. I, too, think we ought to be cleaning this up and get them to have the property in the proper place and I think your comments, Mr. President, were appropriate about how we get things done and this stuff comes along and, well, we just got to take care of it when it happens and at the risk of showing my age, I remember when it first opened and we had a PE class there and some kids learned how to swim that first year it was open and it's been a great amenity for this community for a very long time and glad to see it still in operation. Rountree: Any further comments? General consensus from the Council? I see heads nodding to move forward. Let the record show that my head did not nod. Siddoway: Mr. President, we will take that direction, then, and move forward with this, get it scheduled for a public hearing once we have quitclaim deeds ready. D. City Clerk's Office: 1. Appeal of Temporary Use Permit requirement for Renaissance Day by Jacki Briggs: Rountree: Thank you. Next item. City Clerk. Holman: Members of the Council, Council President Rountree, this item is an appeal of a temporary use permit. It's actually a condition of approval that's being appealed for the Renaissance -- Ye Old Renaissance I believe is what it's called. Let me get this in front of me here. Yeah. Ye Old Renaissance Fair 2009. It's -- the applicant's name is Jacki Briggs and she is present here in the audience tonight. The condition of approval that the applicant is appealing is one that. Lieutenant Overton of the police department placed upon this application. I put a copy of the e-mail in front of all of you and I also have a copy of Mrs. Briggs' appeal letter. So, Mrs. Briggs is present, as is the cutlery vendor. His name is Robert Frazier or Bob Frazier with Bob's Cutlery and I believe Mrs. Briggs -- do you want her to come forward, President Rountree, and -- Rountree: If you're through with your comments. WElIDIANA- February 11, 2010 Stephen Siddoway Parks Director Meridian City Hall 33 E. Broadway Avenue Meridian, Idaho 83642 Mayor Tammy de Weerd City Council Members: Keith Bird Brad Hoaglun Charles Rountree David Zarembja RE: Proposed Property Boundary Adjustment for Western Ada Recreation Swimming Pool Property/Storey Park. Dear Mr. Siddoway: I find that your request for a property boundary adjustment on the property referenced above complies with Unified Development Code (UDC) 11-6B-8.1 am granting approval of tie property boundary adjustment as requested by the applicant subject to completion of the following conditions per UDC 11 -6B -8C2: a. Cause the property to be surveyed and a record of survey recorded; b. Execute and record the necessary deeds to accomplish the property boundary adjustments as approved; c. Obtain new tax parcel numbers from the Ada County Assessor; and, d. Provide copies of the recorded record of survey, recorded deeds, and the new tax parcel numbers to the Director. Upon receipt of these items the application shall be complete. e. The applicant or owner has one year to complete the above conditions of approval. If you should have any questions regarding this matter, please don't hesitate to call Kristy Vigil at 884-5533. edman, AICP Director cc: Warren Stewart, Engineering Manager/CE Tealey's Land Surveying Planning Department . 33 E. Broadway Avenue, Meridian, ID 83642 Phone 208-884-5533. Fax 208-888-6854 . www.meridiancity.org E IDIAN? IDAHO Type of Review Requested (check all that apply) Planning Department ADMINISTRATIVE REVIEW APPLICATION ❑ Other Applicant Information Applicant name: _City of Meridian Phone: 884-5533 Applicant address: 33 E. Broadway Ave. Suite 210, MeridianIdaho Zip: 83642 Applicant's interest in property: 0 Own ❑ Rent ❑ Optioned ❑ Other Owner name: Owner address: Phone: Zip: Agent name (e.g., architect, engineer, developer, representative): Pat Teaiey Firm name: Tealev's Land Survevina Phone: 385-0636 Address: _187 E. 50th St., Garden City, Idaho Zip: 83714 Primary contact is: []Applicant ❑ Owner ElAgent ❑ Other Contact name: Pat Tealev Phone: 385-063 E-mail: ptealevna.tealevs.com Fax: 385-0696 Subject Property Information Location/street address: 213 E. Franklin Rd., Meridian, ID 83642 (Pool) 215 E. Franklin Rd (Storey Park) Assessor's parcel number(s): _S1118223080 (Community PoQl)51118212700 (Storey Park) Township, range, section: T.3N., R.IE., Sec 18 Total acreage: 1.16 (Pool), 19.32 (Park) Current land use: Community Pool, Storey Park Current zoning district: C -G 33 E. Broadway Avenue, Suite 210 • Meridian, Idaho 83642 Phone: (208) 884-5533 • Facsimile: (208) 888-6854 • Website: www.meridiancity.org 1 (Rev. 11/1/08) foi( vruAPa►'� —� Project Description Project/subdivision name: N/A General description of proposed project/request: Property line adjustment - Parcel exchange between Western Ada Recreation District and the City of Meridian Proposed zoning district(s): N/A Acres of each zone proposed: N/A Type of use proposed (check all that apply): ❑ Residential ❑ Commercial ❑ Office ❑ industrial El Other Recreation Amenities provided with this development (if applicable): N/A Who will own & maintain the pressurized irrigation system in this development? N/A Which irrigation district does this property lie within? Nampa Meridian Irrigation District Primary irrigation source: Secondary: Square footage of landscaped areas to be irrigated (if primary or secondary point of connection is City water): Residential Project Summary (if applicable) Number of residential units: Number of building lots: Number of common and/or other lots: Proposed number of dwelling units (for multi -family developments only): 1 Bedroom: 2 or more Bedrooms: Minimum square footage of structure(s) (excl. garage): Proposed building height: Minimum property size (s.f): Gross density (DUlacre-total land): _ Percentage of open space provided: Percentage of useable open space: _ Average property size (s.f.): Net density (DUAcre-excluding roads & alleys): Acreage of open space: (See Chapter 3, Article G, for qualified open space) Type of open space provided in acres (i.e., landscaping, public, common, etc): Type of dwelling(s) proposed: ❑ Single-family ❑ Townhornes ❑ Duplexes ❑Multi -family Non-residential Project Summary (if applicable) Number of building lots: O Other lots:I' Gross floor area proposed: Existing (if applicable): Hours of operation (days and hours): Building height: Percentage of sitelproject devoted to the following: Landscaping: Building: Paving: _ Total number of employees: Maximum number of employees at any one time. Number and ages of students/children (if applicable): Total number of parking spaces provided: Authorization Print applicant name: Applicant signature:. Phone: (208) 884-5533 - Seating capacity: Number of compact spaces provided: alt Avenue,"Suite 210 a Meridian, ldallo SJ641 Facsimile: (208) 888-6854 • Website: www.merldiancity.org 2 TEALEY'S LAND 187 E. 50th Street, Garden City, ID 83714 SURVEYING (208) 385-0636 Fax (208) 385-0696 E3 Email: jwargo@tealeys.com Intent Letter To: Anna Borchers - Canning Meridian City Planning and Zoning Date: December 14, 2009 Re: Property Boundary Adjustment — Western Ada Recreation District Job No.: 3365 ( X ) For your action ( X ) For your review Transmitted By: Josh Wargo Dear: Anna, 0 Currently a portion of the Meridian community swimming pool building is located on the Storey Park parcel. We are submitting the Property Boundary Adjustment for this project in order to include the pool building, sidewalk and snow -cone shack in the parcel owned by the Western Ada Recreation District. Sincerely, Josh Wargo E-mail: jwargo@tealeys.com T Project No.: 3365 Date: January 21, 2010 TEALETS LAND 187 E. 50th Street • Garden City, Idaho 83714 SURVEYING (208) 385-0636 Fax (208) 385-0696 DESCRIPTION OF PARCEL A FOR WESTERN ADA RECREATION DISTRICT A parcel of land, as shown on the Record of Survey No. , on file under Instrument No. in the Office of the Recorder for Ada County, Idaho, lying in the Northwest 114 of Section 18, T.3N., R.1E., B.M., Meridian, Ada County, Idaho, and more particularly described as follows: COMMENCING at the North 114 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 114 of Section 18 as shown on Record of Survey No. 2017 on file under Instrument No. 9168335 in the Office of the Recorder for Ada County, Idaho; thence along the East line of said Government Lot 1 South 00°40'03" West 414.24 feet to the POINT OF BEGINNING, marked by an iron pin; thence continuing South 00'40'03" West 247.34 feet to a point, marked by an iron pin; thence North 52°17'11" West 450.67 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 87014'16" 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 63003'22" East 54.07 feet to a point, marked by an iron pin; thence North 38052'29" 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 133.04 feet to the POINT OF BEGINNING. Said Parcel Contains 1.31 Acres, more or less. ttr�r�t��1 lip 3365-parcel-A-Desc.doc idw TEALEY'S LAND 187 E. 50th Street • Garden City, Idaho 83714 SURVEYING (208) 385-0636 Fax (208) 385-0696 Project No.: 3365 Date: January 27, 2010 DESCRIPTION OF PARCEL B FOR CITY OF MERIDIAN A parcel of land, as shown on the Record of Survey No. , on file under Instrument No. 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 as shown on Record of Survey No. 2017 on file under Instrument No. 9168335 in the Office of the Recorder for Ada County, -Idaho; thence South 00040'03" West 47.44 feet to a point on the South right-of-way line of East Franklin Road as shown on Record of Survey No. 7077 on file under Instrument No. 105148498 in the Office of the Recorder for Ada County, Idaho, said point being on the Westerly line of Honor Park Subdivision No. 3, as filed for record in Book 78 of Plats at pages 8191 & 8192 in the Office of the Recorder for Ada County, Idaho, said point being the POINT OF BEGINNING, marked by an iron pin; thence along said Westerly line South 00°40'03" West 234.91 feet to the Southwest corner of Lot 28 of Block 2 of said Honor Park Subdivision No. 3, marked by a lead plug and tack; thence along the Southerly line of said Honor Park Subdivision No. 3 North 89031'22" East 622.00 feet to the Southeast corner of Lot 26 of Block 2 of said Honor Park Subdivision No. 3, marked by an iron pin; thence along the Westerly line of said Honor Park Subdivision No. 3 South 00'40'03" West 1048.08 feet to the Southwest corner of Lot 12 of Block 2 of said Honor Park Subdivision, said point being on the North line of Honor Park Subdivision No. 2, as filed for record in Book 68 of Plats at pages 6959 & 6960 in the Office of the Recorder for Ada County, Idaho, marked by an iron pin; thence along said North line and along the North line of Honor Park Subdivision No. 1, as filed for record in Book 65 of Plats at pages 6652 & 6653 in the Office of the Recorder for Ada County, Idaho South 89031'22" West 622.00 feet to the Northwest corner of Lot 4 of Block 2 of said Honor Park Subdivision No. 1, marked by an iron pin; thence along the East line of said Government Lot 1 North 00'40'03" East 916.19 feet to a point, marked by an iron pin; thence North 51 052'37" West 133.04 feet to a point, marked by an iron pin; thence North 38052'29" East 16.49 feet to a point, marked by an iron pin; thence North 51 °07'31" West 19.67 feet to a point, marked by an iron pin; thence South 38052'29" West 44.52 feet to a point of curve, marked by an iron pin; thence along the arc of a curve to the right 55.71 feet, said curve having a radius of 66.00 feet, a central angle of 48'21'47", and a long chord bearing South 63°03'22" West 54.07 feet to a point, marked by an iron pin; thence South 87°14'16" West 173.69 feet to a point, marked by an iron pin; thence South 00040'03" West 11.43 feet to a point, marked by an iron pin; thence along a line parallel with said North line of Section 18 3365-parcel-B-Desc.doc jdw TEALEY'S LAND SURVEYING 187 E. 501h Street, Garden City, Idaho 83714`(208)385.0636 Project No.: 3365 Parcel B Description Page 2 of 2 South 89°20'05" West 173.87 feet to a point on the East right-of-way line of South Main Street as shown on Record of Survey No. 8652 on file under Instrument No. 109110965 in the Office of the Recorder for Ada County, Idaho, marked by an iron pin; thence along said East right-of-way line North 01 016'04" East 295.61 feet to a point on said South right-of-way line of East Franklin Road, marked by an iron pin; thence along said South right-of-way fine North 47°12'39" East 46.45 feet to a point, marked by an iron pin; thence continuing North 89°20'05" East 156.25 feet to a point, marked by an iron pin; thence continuing North 88003'42" East 340.86 feet (formerly 340.81 feet) to the POINT OF BEGINNING Said Parcel Contains 18.81 Acres, more or less. 3365-parcel-8-Desc.doc idw Parcel Closures.txt Western Ada Recreation District PLA - #3365 -------------------------------------------------------------------- Parcel name: PARCEL A Line Course: N 51-52-37 W Line Course: N 38-52-29 E Line Course: N 51-07-31 W Line Course: S 38-52-29 W Curve Course: s 63-03-22 W Line Course: S 87-14-16 W Line course: S 00-40-03 W Line Course: S 52-17-11 E Line Course: N 00-40-03 E Length: 133.04 Length: 16.49 Length: 19.67 Length: 44.52 Length: 54.07 Length: 173.69 Length: 11.43 Length: 450.67 Length: 247.34 Perimeter: 1152.56 Area: 57,168 Sq Ft 1.312 Ac. Mapcheck closure - (uses listed courses, radii, and deltas) Error Closure: 0.01 Course: N 75-43-25 W Error North: 0.002 East : -0.008 -------------------------------------------------------------------- Parcel name: PARCEL B Line Course: S 00-40-03 W Length: 234.91 Line course: N 89-31-22 E Length: 622.00 Line Course: S 00-40-03 W Length: 1048.08 Line Course: s 89-31-22 W Length: 622.00 Line course: N 00-40-03 E Length: 916.19 Line Course: N 51-52-37 W Length: 133.04 Line Course: N 38-52-29 E Length: 16.49 Line Course: N 51-07-31 W Length: 19.67 Line Course: S 38-52-29 W Length: 44.52 Curve Course: S 63-03-22 W Length: 54.07 Line Course: S 87-14-16 W Length: 173.69 Line Courser s 00-40-03 W Length: 11.43 Line Course: S 89-20-05 W Length: 173.87 Line Course: N 01-16-04 E Length: 295.61 Line Course: N 47-12-39 E Length: 46.45 Line Course: N 89-20-05 E Length: 156.25 Line Course: N 88-03-42 E Length: 340.86 0 Perimeter: 4910.77 Area: 819,447 sq Ft 18.812 Ac. Mapcheck closure - (uses listed courses, radii, and deltas) Error Closure: 0.01 Course: N 73-40-31 W Error North: -0.003 East : -0.011 Page 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 27, 2010 DESCRIPTION OF CROSS ACCESS EASEMENT AT STOREY PARK FOR WESTERN ADA RECREATION DISTRICT A parcel of land being a portion of 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 00°40'03" West 47.44 feet to a point. on the South right-of-way line of East Franklin Road as shown on Record of Survey No. 7077 on file under Instrument No. 105148498 in the Office of the Recorder for Ada County, Idaho, marked by an iron pin; thence along said South right-of-way line South 88003'42" West 9.90 feet to the POINT OF BEGINNING; thence South 00°50'34" West 96.29 feet to a point of curve; thence along the arc of a curve to the right 54.75 feet, said curve having a radius of 85.00 feet, a central angle of 36054'24", and a long chord bearing South 19"17'45" West 53.81 feet to a point; thence South 37044'57" West 56.49 feet to a point; thence South 52015'29" East 79.23 feet to a point; thence South 63051'27" East 99.22 feet to a point of curve; thence along the arc of a curve to the right 50.65 feet, said curve having a radius of 45.00 feet, a central angle of 64029'33", and a long chord bearing South 31'36'40" East 48.02 feet to a point; thence South 00038'06" West 260.43 feet to a point; thence North 89041'47" West 107.61 feet to a point; thence North 00038'57" East 210.91 feet to a point; thence North 51 052'37" West 144.97 feet to a point, marked by an iron pin; thence North 38052'29" East 16.49 feet to a point, marked by an iron pin; thence North 51007'31" West 19.67 feet to a point, marked by an iron pin; thence South 38052'29" West 44.52 feet to a point of curve, marked by an iron pin; thence along the arc of a curve to the right 55.71 feet, said curve having a radius of 66.00 feet, a central angle of 48°21'47", and a long chord bearing South 63003'22" West 54.07 feet to a point, marked by an iron pin; thence South 87018'13" West 173.68 feet to a point, marked by an iron pin; thence South 87°14'16" West 174.08 feet to a point on the East right-of-way line of South Main Street; thence along said East right-of-way line North 01°16'04" East 34.86 feet to a point; thence North 87000'43" East 339.85 feet to a point of curve; thence along the arc of a curve to the left 29.72 feet, said curve having a radius of 35.00 feet, a central angle of 48038'40", and a long chord bearing North 62041'23" East 28.83 feet to a point; thence 3365-access-ease-Desc.doc jdw TEAL EY' S LAND SURVEYING 187 E. 501, Street, Garden City, Idaho 83714={208} 385-0636 Project No., 3365 Cross Access Easement Description Page 2 of 2 North 38022'04" East 184.37 feet to a point of curve; thence along the are of a curve to the left 29.48 feet, said curve having a radius of 45.00 feet, a central, angle of 37032'02", and a long chord bearing North 19036'03" East 28.95 feet to a point; thence North 00050'02" East 96.00 feet to a point on said South right-of-way line of East Franklin Road; thence along said South right-of-way line North 88003'42" East 36.21 feet to the POINT OF BEGINNING. Said Parcel Contains 1.65 Acres, more or less. 3365-access-ease-Desc.doc jdw /j! CROSS ACCESS EASEMENT EXHIBIT AT STOREY PARK FOR WESTERN ADA RECREATION DISTRICT LYING IN THE NtiV-"I%4, SECTION 18, T3N., RAE., B.M., MERIDIAN, ADA COUNTY, IDAHO 0 50 100 200 SCALE IN FEET I" = 100' E. FRANKLIN ROAD 127 S 89°20'05" W 2401.71' 13 1 - - 1092.65' N 88 °03'42 p 36.21' z ! • Q Lei! N 00 °50'02" E � 96.00' . 1 I 1 � 38°52'29"'W44.52' q> / N 51°07'31" 19.67' N 87°00'43" E 339.85' N j'!73.68' �. 4.08' S 87°14' I6" W ----S 87°I8'13"w-----------------r N 01°16'04° E34.86' AS ��iL/1�// AR 7A,965IN RSg5 Ffi C 165SACRES)ENT \\ 3365-LLA.dwg 01-27-10 14:21:27 Margo NE COR. CURVE TABLE 1/4 COR. CURVE RADIUS DELTA LENGTH BEARING CHORD C- 1 66.00' 48°21'47" 55.71' S 63°03'22" W 54.07' C- 2 85.00' 36°54'24' 54.75' S 19°17'45" W 53.81' C- 3 45.00' 64°29'33" 50.65' S 31°36'40" E 48.02' C- 4 35.00' 48 °38'40" 29.72' N 62 °41'23" E 28.83' C- 5 45.00' 37.32'02" 29.48' N 19 °36'03" E 28.95' 3365-LLA.dwg 01-27-10 14:21:27 Margo NE COR. GOV. LOT I NORTH 1/4 COR. 7 1309.06'18 ES 00°40'03" 47.44' W V/ I $ 88°03'42" W r9.90' S 00'50'34" W f 96.29' N1 S 37°44'57" W 56.49' S 52°15'29" E / 79.23' s' 63. - -9 2� 38052'29" "16.4 E m o �O fQ Icn 7.66 V N B9°41'47" W TEALEY'S LAND SURVEYING 187 EAST 50th STREET 0---s GARDEN CITY, ID. 83714 208-385-0636 TEALEY'S LAND SURVEYING Project No.: 3365 Date: January 21, 2010 187 E. 50th Street o Garden City, Idaho 83714 (208) 385-0636 Fax (208)385-0696 DESCRIPTION OF COMMUNITY POOL EXCHANGE PARCEL FOR WESTERN ADA RECREATION DISTRICT A parcel of land, as shown on Record of Survey No. , on file under Instrument No. 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 114 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 00040'03" West 32.54 feet to a point, marked by an iron pin; thence North 51 052'37" West 51.93 feet to a point; thgnce along a line parallel with said North line of Section 18 North 89'20'05" East 41.23 feet to the POINT OF BEGINNING. Said Parcel Contains 671 Sq. Ft., more or less. 40 "I 3365-pool-exchange-Desc.doc jdw 0 30 60 120 SCALE IN FEET I" = 60' L -I EXCHANGE PARCEL EXHIBIT FOR WESTERN ADA RECREATION DISTRICT LYING IN THE NW 1/4, SECTION 18, T.3N., R.IE., B.M., MERIDIAN, ADA COUNTY, IDAHO S 89°20'05" W 318.57' 32.54' ' PARK' \ P.O.B. STOREY PARK \ EXCHANGE PARCEL N 51°52'AREA = 7,501 Sq. Ft. 5f.9 \ COMMUNITY POOL EXCHANGE PARCEL AREA = 671 Sq. Ft. fee,:.. ' 1,:,Cy> I� ry LINE TABLE NE COR. NORTH LINE BEARING GOV. LOT 1 1/4 COR. LI E. FRANKLIN ROAD 11.43' 7 12 7' S 89020'05" W 2401.71' L3 S 51 °07'31" E 13 18 1092.65' S 38 °52'29" W 1309.06' IB r I 7' iv l N I sYLLJ � N 89°20'05° E m v a 41.23' vsS/s/// 2• _ jo I G•\ , S 89°20'05" W 318.57' 32.54' ' PARK' \ P.O.B. STOREY PARK \ EXCHANGE PARCEL N 51°52'AREA = 7,501 Sq. Ft. 5f.9 \ COMMUNITY POOL EXCHANGE PARCEL AREA = 671 Sq. Ft. fee,:.. ' 1,:,Cy> I� ry CURVE TABLE LINE TABLE RADIUS 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' L4 S 38 °52'29" W 16.49' CURVE TABLE CURVE RADIUS DELTA ILENGTHI BEARING CHORD C- 1 66.00' 48°21'47" 1 55.71' 1 N 63°03'22" E 54.07' ol I TEALETS LAND SURVEYING 187 EAST 501h STREET 4--- o GARDEN CITY, 1D, 83714 208--385-0636 3365-EXHISITS.dwg 01-04-10 10.06:56 Margo aj TEALEY'S LAND 187 E. 50th Street • Garden City, Idaho 83714 SURVEYING (208) 385-0636 a] 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. , on file under Instrument No. 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 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 89020'05" West 318.57 feet to a point, marked by an iron pin; thence North 00'40'03" 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 48'21'47", and a long chord bearing North 63003'22" East 54.07 feet to a point, marked by an iron pin; thence North 38052'29" 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 38°52'29" 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. 3365 -park -exchange- Desc. doe jdw TEALEY'S LAND 187 E. 50th Street * Garden City, Idaho 83714 SURVEYING (208) 385-0636 H M�- Fax (208) 385-0696 Project. No.: 3365 EXHIBIT "All Date: January 21, 2010 DESCRIPTION OF CITY OF MERIDIAN SEWER MAIN EASEMENT AT MERIDIAN COMMUNITY POOL A parcel of land being a portion of 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 414.24 feet to the POINT OF BEGINNING; thence continuing South 00°40'03" West 2.52 feet to a point; thence North 51'52'37" West 154.27 feet to a point; thence North 38052'29" East 18.75 feet to a point; thence South 51007'31" East 19.67 feet to a point; thence South 38°52'29" West 16.49 feet to a point; thence South 51 °52'37" East 133.04 feet to the POINT OF BEGINNING. Said Parcel Contains 634 Sq. Ft., more or less. APA ,��� �+ q�} 5 oy4fy/ta��� l 3365-sewer-ease-Desc.doc jdw EXHIBIT "B" CITY OF MERIDIAN SEWER MAIN EASEMENT EXHIBIT AT STOREY PARK LYING IN THE NW 1/4, SECTION 18, T.3N., R.1E., B.M., MERIDIAN, ADA COUNTY, IDAHO NE COR. NORTH E. FRANKLIN ROAD GOV. LOT I I/4 COR. �J� 7 N 89°20'05" E 2401.71' 7 13 18 1092.65' — — — f 1309.06' y 18 I � I Q Z < i � r ill I S 51007'31" E 19.67' i I � v - I N O f Q• N 38 °52'29" E 18.75' S 38 052'29" W 16.49' I I O I O I � I e 2.00' EXISTING SEWER I O Sr O �,. MAIN LINE i lA*'^ SEWER MAIN EASEMENT i AREA = 634 S Ft. a a v iso <�� I ���__"? .,'�,► ------- --------------------- __------- 2o�; ------ E`��' A ` A 0 15 30 60 SCALE IN FEET I" = 30' 3365-EXHIBITS.dwg 12-28--09 13:35.22 Margo rn i P.O.B. N , CO 4. SS ' S 00 040103" W 2.52' 2.00'' d . I TEALEY'S LAND SURVEYING 187 EAST 50th STREET a a GARDEN CITY, 1D. 83714 208-385-0636 0 it 2008 10:50AM WARD FAX 208-884-5387 p,2 Tutor 7tmutrritac, Mado this 2 7th day of June , in the year of our Lord one thousand nine hundred and 72 hetween MERIDIAN COMMUNITY SWIMMING POOL, INC, awcorporation duly organized and existing under thn lawn of the state of Idaho end having Its principal Pines in Idaho at Meridian in the County of Ada , party or thu rust pnrt, Ind WESTERN ADA RECREATION DISTRICT r of MeridianCounty of Ada Un tear IdahU part y of thn sc:cund prt, oj� f; i Vii•rNsssLTH, That the said party of the first part, having bc,:n hrrrunto duty authorized uy renoluCson of ilm tioarrf of it ' Dircctord, for and in consideration of the main of !I Ten and No/100 ($10,00)------ • NW(U) fnonvy of the Unita) Slates er Amariea, to it in hand paid by the Haid port y of the meson) part, the rrrcipt r{ �''• wht-rrof is het'viq acka.wildged, hax xt-untr,l, bttrgainud and sold, and Iry thasu l,rr:,ritu drx•s grant, bargain• xail, convey r,tai ia,nfirm wain lhr sbirl part y of Lill- aarnnd putt. alld t„ its heira +rad assiirux former, a!t •I •i lhr fnlint�ini• d••arribrri ,%i twatp aiiirniva in Meridian r;,,,tori,• or iSafl Slate 4( h1fthn, in Wit,: , {; Commencing ac the Northeast corner of Lot 1, Section 18, ! Township 3 North, flange 1 East, Boise Meridian, Ada County, Idaho, artd running Southerly 381.7 .feet along the Easterly boundary of said Lot 1 Section 18.to a ' point, said point: being the T.RIIE POINT OF BEGINNING; Chence continuing Soutberly,280.6 feet along the said Easterly boundary of Leat: 1, Section 18 to a poi.nc; thence Northwesterly 451.0 feet, more or less; to a point that lies Southerly 381.7 feet from the Northerly boundary of said Lot 1, Section 19; thence Easterly 360,0 Feer along a line 381.,7 Leer: Southerly of and parallel to -the said Northerly boundary of said Lc)t 1, ---Section I.B to the point of beginning; said tract containing 1.16 acres, more or less. im03/31/2003 14:13 FAX URI . NVOR, a 2876848 Clerks Office 1a001/007 r N ..W P'. WARR"TY-v - For VaIue Reoelved 4 WMTLN A. Eoj�' ROIA-0 L. RON andBEV-MLY RoW, h-agbv*L4--'-4&d' Win, the grantors - do= hethbY mut, barguirm, aell and,corm'Ormto GM Or 3MUBTAN., IDAHO, a munictpa-1 corpar4tA.ou the irrmAtm the 10110wiag demx1be4 preralses, Idaho, Begimmmingat the 'SW 09'r ter of the. ths-b-Mr, Afte) Sbation ise ot't %i nee xo-m.tb bq'�& dr -v itme, .i. . . . . I I to the AQuthOrly bout."ry O± gidd" of 622 test to .1 boundaty Of Said '00 a Point on the SOU-klzbrly bo 181 thence Westerly along; tyaq south'45.rl�( bi Soation is -to the real, Point of be"l-ng Win. 1 TO HAVE AND TO BOLD the saki pr*mjs", with their appurtenauceo Mato the said GraAtpi5. with Its heirs Avid "AM forever, And the said GjAlhorij do= =hereby covgnffvkt ill- '. i 4" the 0'&:d Grantee , that the Y aWO the owner a in fee gi pja of EAld p ises -, t, they %* rhe tram av aneurnhumms lk tim tha th , qM and that t; b, -)r will warrant and defend a the MMO from all 1s.Wfuj-ojmhmx WhAUOeVer. Datod.- 1967. STATB OF "A'39-AOVNW OF ADA – On day of iq 157, Wart ms, Z�Rblld fn aff(I far $a d state, �"Qhwyy aAWared WILLIAM A. HON, a divoxt man, andL ROZARO 1. JT0J? and BBVSRL-y HON, husband xr#L(I wife, ........ .... ix are q-abd# to J. 09� to Uccu the came. "10ta-"ubkc i rd&ba /17 ST -ATE or Wzt, couNTy OF 19 ea cart"F'WAC 0`11 instrument was filtd for roo6id at the muest d JOHN 0. FITZGMIATD tar o Waut" pan z&b R8 day ot Februa 4 mj 19 68 . in my em", and duly momw ItA Book 41. of D*44 at gap z OZAMMUZ A. VDMXM4 r4: -O ro Deputy, JOHN 0. FITZGERAI Q, 929 East let Meridian , Idaho. AFFIDAVIT OF LEGAL INTEREST STATE OF IDAHO ) COUNTY OF ADA ) I, t ur-iAW 40(ar' i lt'iIOL'LL L,vcp ,0,6'1X g� (name) (address) l�eyid JO n.�dahP eb� (city) (state) being first duly sworn upon, oath, depose and say: 1. That I am the record owner of the property described on the attached, and I grant my permission to: 1 Dl 1 'P./l dreL✓l 33 �. Uro �✓a Ave, 1�v,J,4n 1-U e36 (name) (ad ess) to submit the accompanying application(s) pertaining to that property. 2. I agree to indemnify, defend and hold the.City of Meridian and its employees harmless from any claim or liability resulting from any 'dispute as to the statements contained herein or as to the ownership of the property which is the subject of the application. 3. I hereby grant permission to City of Meridian staff to enter the subject property for the purpose of site inspections related to processing said application(s). Dated this 2 $ day of :r6T" W I LII 20� �67a�Y 1yYlWt�l, (Signature) SUBSCRIBED AND SWORN to before me the day and year first above written. l//lllf,#'I, 1� F ,,,.•��i Naoe� f�r`�,f�if vQ��..�° wily *•� (Notary Public for Idaho) I ARS,d a k4t - Residing at: / hMy Commission Expires:2��- E • Dairy do Stock Showa, Ina. To Instrument No. 288830 /Oity of Meridian Dated May 20, 1949 THIS INDENTURE, Made this 20th day of May in the year of our Lord one thousand nine hundred and forty-nine between Meridian Dairy k Stook Shows, Inc., a corporation duly or. ganized and existing under the laws of the State of Idaho and having its principal offioe in Idaho at Meridian in the County of Ada, party of the first part, and City of Meridian, a Municipal Corporation of the County of Ada, State of Idaho, party of the second part, WITNESSETH, That the said party of the first part, having been hereunto duly author- ized by resolution of its Board of Directors, for and in consideration of the aum of THREE THOUSAND THREE HUNDRED FIFTY-EIGHT and 34/100 DOLLARS, lawful money of the United States of America, to it in hand paid by the said party of the second part, the receipt whereof is hereby acknowledged, hes granted, bargained and gold, and by these presents does grant, bargain, sell, convey and confirm unto the said party of the second part, and to its successors and assigns forever, all the following described real estate situated in the County of Ada, State of Idaho, to -wit: A part of Lot 1, Section 18 (Sea. 18), Township 3 North (T. 3N.), Range 1 last (R.12. Hoiee Meridian (B.M.) described by motes and bounds as follows: Beginning at the Northeast corner of Lot 1, Seo. 18, T. 3 N., R. I E., B.M.; Thence South along the East boundary of Lot 1, 381.7 feet to an iron pipe; Thence N. 89020 W. parallel to the North boundary of Sao. 1S, 570.4 feet to an iron , pin; Thence North parallel to the East boundary of Lot 1, 381.7 feet to an iron pin on th North boundary of Sea. 18; Thence S. 89020N E. along the North boundary of Seo. 18, 570.3 feet to the point of beginning, containing 5 acres, subject to highway and ditch rights of way. (U.S.I.R. Stamps 43.55 Cancelled) { Cancelled 5-20-49 ) TOGETHER With all and singular the tenements, hereditaments and appurtenances there- unto belonging or in anywise appertaining, and the reversion and reversions, remainder and remainders, rents, issues and profits thereof, and all estate, right, title and in- berest in and to the said property, as well in law as in equity, of the said party of th first part. TO HAVE AND TO HOLD, All and singular, the above mentioned and described promisee, together with the appurtenances, unto the party of the second part, and to its successor and assigns forever. And the said party of the first part, and its successors, the said premises in the quiet and peaceable possession of the said party of the second part, its successors and assigns, against the said party of the first part, and lea snaaessora, an( against all and every person and persons whomsoever, lawfully claiming or to claim the same, shall and will warrant and by these presents forever defend. IN WITNESS WHEREOF, The party of the first part has caused its corporate name to be hereunto subscribed by its President and its corporate seal to be affixed by its Sears- tary in pursuance to said resolution the day and year first above written. SIGNED, SEALED AND DELIVERED MERIDIAN DAIRY & STOCK SHOVIS, Inc., IN PRESENCE OF an Idaho Corporation, By George R. Hardin, George L. Ambrose Me President. (CORP. BEAL) Attest: M. E. Wills, Its Secretary. i STATE OF IDAHO ) ss. COUNTY 07 ADA ) On this SOth day of May in the year 1949, before me, George L. Ambrose, a, Notary Pub- lic in and for sold State, personally appeared George $. Hardin, known to me to be the President, and M. E. Wills, known to me to he the Secretary of the corporation that ex- souted the foregoing instrument, and acknowledged to me that such corporation executed the same. IN WITNESS WHEREOF, I have hereunto set my hand end affixed my official seal, the day and year in this certificate first above written. George L. Ambrose (6EAL) Notary Public, Residing at Meridian, Idaho. Sty Commission Expires: October 16, 1952. Recorded at the request of City of Meridian at 30 minutes past 9 o'clock A.M., this 18 day of July, 1949. Fees, 41.75 L��c9 Recorder >o s x`'77 6[: � rr-D-7 z. k 4Y w WRA Y C.L.. t...'.e..... 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FI I 17 1 , S w I •I-- ,6POrL-- _ - _ z O .11ll.I N 6 � yt ci Pill" � 0 4 Qi Z 4 h hh� V�� 4 oWv r 1- ,1LNir 3.lFi/.r N imSluae p av JUC •rte-q-y4y C ,aa � .rrais _ ft'amr 3.trsrr x Era.rZrrr 3-xsr.r x Ed `�i oarrr aau ^4 W K w W � �b � o y .�LO'Llr/ J.1RarAx �a C�'W E IDIANt,. IDAHO Planning Department PROPERTY BOUNDARY ADJUSTMENT Application Checklist Project name: S1o2� 1'AAy(�,Nth„r tool Pro 1 1 �lnc C. �vj�rKe�7f J File#: A licant/a ent: GiboTn All applications are required to contain one copy of the following unless otherwise noted: Applicant Des ft Staff (�) Please Provide two. 2 copies of each of the items listed below. Completed &signed Administrative Review Application i/ Narrative fu—ily describing therequested property boundary adjustment Legal description (metes and bounds) of the new property boundaries and closure sheet Recorded warranty deed for the subject property Affidavit of Legal Interest signed & notarized by the property owner (If owner isacorporat;on,.: submitacopyof the Articles of Inco oration or other evidence to show that the person signing is an authorized a em) Scaled vicinity map showing the location of the subject property N Existing recorded plat in which the subject property lies (8 W' x 11") (if applicable)rr Or Existing Record of Surveys used and/or referenced (8 W' x 11")---� Record of Surve (paper c22y) NA I Fee Property boundary adjustments are allowed far the adjustment of property lines between existing properties, and to allow for the reduction in the number of buildable lots. A property boundary adjustment does not vacate the platted lot lines or easements of a recorded subdivision (UDC 11-6B-8). APPLICATION WILL NOT BE ACCEPTED UNLESS ALL ITEMS ON THE CHECKLIST ARE SUBMITTED. 33 E. Broadway Avenue, Suite 210 • Meridian, Idaho 83642 Phone: (208) 884-5533 • Facsimile: (208) 888-6854 • Website: www.meridiancity.org (Rev_ 1114108) NOTICE OF PUBLIC HEARING NOTICE IS HERBY GIVEN pursuant to the Ordinances of the City of Meridian and the Laws of the State of Idaho, that the City Council of the City of Meridian will hold a public hearing at the Meridian City Hall, 33 East Broadway Avenue, Meridian, Idaho, at the hour of 7:00 p.m. on Tuesday, May 25, 2010, for the purpose of reviewing and considering a proposed exchange of real property located at 213 and 215 E. Franklin Road, in the City of Meridian, (Storey Park and Community Pool). Currently, a portion of the Meridian Community Swimming Pool is located on the Storey Park parcel. The 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 the Western Ada Recreation District (Reference Ada County Record of Survey No. 8737, on file under Instrument No. 110021878). For further information, please contact the City Clerks Office at 888-4433. DATED this 4k day of May, 2010. Publish Dates: 10th and 17th of May, 2010 City of Meridian NOTICE OF PUBLIC HEARING NOTICE IS HEREBY GIVEN pursuant to the Ordinances of the City of Meridian and the Laws of the State of Idaho that the City Council of the City of Meridian will hold a public hearing at the Meridian City Hall, 33 East Broadway Avenue, Meridian, Idaho, at the hour of 7:00 p.m. on Tuesday, May 25th, 2010, for the purpose of reviewing and considering a proposed exchange of real property located at 213 and 215 E.. Franklin Road in the City of Meridian (Storey Park and Community Pool). Currently, a portion of the Meridian Community Swimming Pool is located on the Storey Park parcel. Thte 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 the Western Ada Recreation District reference Ada County Record of Survey No. 8737, on file under Instrument No. 110021878). For further information; please contact the City Clerk's Office at 888-4433. DATED this 4th day of May 20.10 Publish: May 10th and 17th, 2010 City of Meridian NOTICE OF PUBLIC H&4jtm(; NOTICE IS HEREBY GIVEN pursuant to the Ordinances of the City of Meridian and the Laws of the State of Idaho that the City Council of .the City of Meridian will hold a public hearing at the Meridian City Hall, 33 East Broadway Avenue, Meridian, Idaho, at the hour of 7:00 the u rpose proposedmn Tuesday, May lith, 2010, for p of reviewing and considering a exchange of real property located at 213 and 215 E. Franklin Road in the City of Meridian (Storey Park and Community Pool). Currently, a portion of the Meridian Community Swimming Pool is located on the Storey Park parcel. The proposed transaction would exchange I deeds as part of a boundary line adjustment in order to include the pool buiding, sidewalk and snow -cone shack on the parcel owned by the Western Ada Recreation District reference Ada County Record of Survey IVo. 8737, on file under Instrument No. 110021878). For further information, please contact the City Clerk's Office at 888-4433_ DATED this 4th day of May 2010. Publish: May 10th and 17th, 2010 �-