17-1730 Conveying Property to ACHDADA COUNTY RECORDER Christopher D. Rich 2017-052120
BOISE IDAHO Pgs=5 HEATHER LUTHER 06/08/2017 04:34 PM
CITY OF MERIDIAN, IDAHO NO FEE
CITY OF MERIDIAN ORDINANCE NO. r -�` /7 "516
BY THE CITY COUNCIL: BIRD, BORTON, CAVENER,
MILAM, PALMER, LITTLE ROBERTS
AN ORDINANCE AUTHORIZING THE CONVEYANCE OF CERTAIN CITY
OWNED REAL PROPERTY TO THE ADA COUNTY HIGHWAY DISTRICT FOR
RIGHT-OF-WAY PURPOSES LOCATED NEAR THE SE CORNER OF E. PINE
AVENUE AND N. MAIN STREET; AUTHORIZING THE MAYOR AND CITY
CLERIC TO EXECUTE AND ATTEST ON BEHALF OF THE CITY OF
MERIDIAN THE DEED AND OTHER DOCUMENTS NECESSARY TO
COMPLETE THE TRANSACTION; PROVIDING FOR A WAIVER OF THE
READING RULES; AND PROVIDING AN EFFECTIVE DATE.
WHEREAS, pursuant to Idaho Code 50-1401, the City Council has statutory
authority to sell, exchange, or convey any real property owned by the city which is
underutilized or which is not used for city public purposes; and,
WHEREAS, when it is determined by the City Council to be in the City's best
interest, the Council may by Ordinance duly enacted, authorize the transfer or conveyance
of the real property to any tax supported governmental entity without compensation; and,
WHEREAS, the proposed transaction would convey approximately 44 square feet
of real property to the Ada County Highway District for right-of-way purposes; and,
WHEREAS, a public hearing was held at the regular meeting of the Meridian City
Council on June 6, 2017 and at the conclusion of said hearing, the City Council moved to
approve the conveyance, subject to certain. terms and conditions, and directed staff to bring
forth this Ordinance authorizing the conveyance.
NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND COUNCIL
OF THE CITY OF MERIDIAN, IDAHO:
Section 1. That a public hearing on the proposed conveyance was held at the June
6, 2017 meeting of the Meridian City Council.
Section 2. That the City Council determined after the public hearing that the
proposed conveyance is in the City's best interest and that the property should be
transferred without compensation to the City.
Section 3. That the City Council has reviewed and approved the legal description
of the proposed right -of --way attached hereto and incorporated herein.
Section 4. That the Mayor and City Cleric shall be authorized to execute and attest
a purchase and sale agreement, standard form warranty deed, and any other documents
necessary to complete the conveyance authorized by this Ordinance.
ORDINANCE AUTHORIZING CONVEYANCE OF PROPERTY - Page 1 of 4
Section 5. That pursuant to the affirmative vote of one-half (1/2) plus one (1) of the
Members of the full Council, the rule requiring two (2) separate readings by title and one
(1) reading in full be, and the same is hereby, dispensed with, and accordingly, this
Ordinance shall be in full force and effect upon its passage, approval and publication.
PASSED by the City Council of the City of Meridian, Idaho, this 6 t� day of
June, 2017.
APPROVED by the Mayor of the City of Meridian, Idaho, this 611' day of
June, 2017.
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ORDINANCE AUTHORIZING CONVEYANCE OF PROPERTY - Page 2 of 4
PARCEL DESCRIPTION" Date: October 31, 2016
Project: Pine Avenue — Meridian Road to Locust Grove Road
Parcel No 14 Right -of -Way Requirement
A parcel of land being a portion of Lots 15 and 16, Block 5, Amended Plat of Townsite
of Meridian, Book;1 of Plats at Page 30, as filed in the Ada County Recorder's Office,
located in Government Lot 3 of Section 7 Township 3 North, Range 1 East, Boise
Meridian, City of Meridian, Ada County, Idaho, more particularly described as follows:
COMMENCING at the W1/4 corner of said Section 7, monumented by a 3" brass cap
(Corner Record No. 114006712), from which the Cl/4 corner of said Section 7
monumented by a 3.5" brass cap (Corner Record No. 2016-000592), bears North
89035'45" East, a distance of 2394.92 feet;
Thence North 89135'45" East, coincident with the north line of said Government Lot 3 a
distance of 741.03 feet;
Thence South 00°24' 15" East, perpendicular to said north line, a distance of 39.37 feet to
the northeast corner of said Lot 15 and the POINT OF BEGINNING;
Thence South 00033'01" West, coincident with the easterly line of said Lot 15, a distance
of 0.63 feet;
Thence South 89°3545" West, parallel and offset 40.00 feet south of the north line of
said Government Lot 3, a distance of 60.02 feet to the westerly line of said lot 16;
Thence North 00°32'54°' East, coincident with said westerly line, a distance of 0.82 feet
to the northwest comer of said Lot 16
Thence North 89°46'37" East, coincident with the northerly line of said Lot 16 and
Lot 15, a distance of 60.02 feet to the POINT OF BEGINNING.
The above described parcel contains 44 square feet or 0.001 acres, more or less.
Together with and subject to covenants, easements, and restrictions of record.
The basis of bearings for this parcel is Grid North, ADA County GIS Coordinate System
ORDINANCE AUTHORIZING CONVEYANCE OF PROPERTY - Page 3 of 4
SKETCHFOR LEGAL EXHIBIT'
PARCEL 14
RIGHT-OF-WAY REQUIREMENT
A PARCEL OF LAND BEING A PORTION OF LOTS 15 AND 16 BLOCK 5,
AMENDED PLAT OF TOWNSITE OF' MERIDIAN'
LOCATED IN GOVERNMENT LOT 3 OF SECTION 7, T. 3 N., R. i E., BOISE MERIDIAN,
CITY OF MERIDIAN. ADA COUNTY, IDAHO
2016
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ORDINANCE AUTHORIZING CONVEYANCE OF PROPERTY - Page 4 of 4
NOTICE AND PUBLISHED SUMMARY
OF ORDINANCE PURSUANT TO I.C. § 50-901(A)
CITY OF MERIDIAN ORDINANCE NO. 17- � 7 � O
An Ordinance of the City of Meridian authorizing the conveyance of certain City owned real
property to the Ada County Highway District located near the SE corner of E. Pine Avenue and N.
Main Street; Authorizing the Mayor and City Cleric to execute and attest on behalf of the City of
Meridian the Deed and other documents necessary to complete the transaction; Providing for a
Waiver of the Reading Rules; and Providing an Effective Date.
A full text of this ordinance is available for inspection at City Hall, City of Meridian, 33 East
Broadway Avenue, Meridian, Idaho. This ordinance shall become effective upon the passage and
publication.
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401
City of
ty of Wridian
Mayor and City Council w
By: C.Jay Coles, City ClerkSFA SFS ow°)'
First Reading: 7
Adopte fter first reading by suspension of the Rule as allowed pursuant to Idaho Code 50-902:
YES A NO
Second Reading:
Third Reading:
STATEMENT OF MERIDIAN CITY ATTORNEY AS TO ADEQUACY OF SUMMARY
OF ORDINANCE NO. 17- 1730
The undersigned, William L.M. Nary, City Attorney of the City of Meridian, Idaho, hereby
certifies that he is the legal advisor of the City and has reviewed a copy of the attached Ordinance
No. 17- /7 30 of the City of Meridian, Idaho, and has found the same to be true and
complete and provides adequate notice to the public pursuant to Idaho Code § 50-901A (3).
DATED this I day of June, 2017.
Lekil-11
William. L.M. Nary
City Attorney
ORDINANCE AUTHORIZING CONVEYANCE OF PROPERTY PINE/MAIN STREET— SUMMARY
351462 1619737
1 MERIDIAN, CITY OF
33 E. BROADWAY AVENUE
MERIDIAN ID 83642
AFFIDAVIT OF PUBLICATION
STATE OF IDAHO. )
)SS,
County of Ada )
Sharon Jessen
of Nampa, Canyon County, Idaho, being
first duly sworn, deposes and says:
1. That I am a citizen of the United States,
and at all times hereinafter mentioaied
was over the age of eighteen years, and
not a party to the above entitled action.
2. That I am the Principle Clerk of the
Meridian Press, a weekly newspaper
published in the City of Meridian, in the
County of Ada, State of Idaho; that
the said newspaper is in general
circulation in the said County of
Ada, and in the vicinity of
Meridian, and has been
uninterruptedly published in said
County during a period of seventy-eight
consecutive weeks prior to the first
publication of this notice, a copy of
which is hereto attached. • -
3. That the notice, of which the annexed is
a printed copy, was published in said
newspaper 1 time(s) in the regular and
entire issue of said paper, and was
printed in the newspaper proper, and not
in a supplement.
That said notice was published the following:
05/19/2017
TATE OF IDAHO)
County of Canyon)
On this 19th day of May in the year of
2017 before me a Notary Public, personally appeared.
Sharon Jessen, known or identified
to me to be the person whose name is subscribed
to the within instrument, and being by me first
duly sworn, declared that the statements therein
are true, and acknowledge to me that he/she
execu e e same.
Notary Public for Idaho
L
Residing at Canyon County 0
My Commission expires 05/04/2021 O r A R
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