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19-2127 Conveance to ACDH right of Way Purpose Heroes ParkCITY OF MERIDIAN RESOLUTION NO. 19-2127 BY THE CITY COUNCIL: BERNT, BORTON, CAVENER, MILAM, PALMER, LITTLE ROBERTS A RESOLUTION DECLARING THE INTENT OF THE CITY OF MERIDIAN TO CONVEY TO THE ADA COUNTY HIGHWAY DISTRICT FOR RIGHT OF WAY PURPOSES A PORTION OF CERTAIN REAL PROPERTY LOCATED NEAR THE NORTHERLY PEDESTRIAN ENTRANCE TO HEROES PARK ON TEN MILE ROAD, IN SECTION 26, T4N, R1W, BM (A PORTION OF ADA COUNTY ASSESSOR'S PARCEL SO426233770) IN THE CITY OF MERIDIAN, ADA COUNTY, IDAHO; INSTRUCTING THE CITY CLERK TO ESTABLISH AND NOTICE A HEARING TO REVIEW THE PROPOSED CONVEYANCE; AND PROVIDING AN EFFECTIVE DATE.. WHEREAS, whenever the City Council proposes to convey any real property, Idaho Code Section 50-1402 requires a declaration of the City Council setting forth the value or minimum price, if any, it intends to receive as a result of such conveyance or exchange; and, WHEREAS, the declaration may be in the form of an explanation of an intended exchange or conveyance for other than monetary consideration; and, WHEREAS, when it is determined by the City Council to be in the City's best interest that a transfer or conveyance be made, the City Council may, pursuant to the procedure set forth in Idaho Code Section 50-1403, authorize the transfer or conveyance of any real property owned by the City to any tax supported governmental unit, with or without consideration; and, WHEREAS, pursuant to an Intergovernmental Agreement for waiver of certain costs and fees, Meridian has agreed to transfer unimproved rights-of-way without charge to ACRD; and, WHEREAS, the Ada County Highway District has requested that the City Council of the City of Meridian set a hearing to consider the transfer certain real property from the City to the District for right-of-way purposes; and, WHEREAS, following this declaration of intent, the City Clerk shall publish a summary of the action taken by the City Council and provide notice of a public hearing before the City Council at least fourteen (14) days prior to the date of the hearing. RESOLUTION DECLARING INTENT TO CONVEY REAL PROPERTY - PAGE 1 of 5 Meridian City Council Meeting Agenda February 5, 2019 — Page 496 of 736 Section 1. That it is hereby declared that the City of Meridian intends to convey to the Ada County Highway District 1,298 square feet of real property located on Ten Mile Road at the Northerly pedestrian entrance to Heroes Park as described and depicted in the attached Exhibit A" Section 2. That the City of Meridian hereby declares its intention to convey the real property without consideration because it is in the City's best interest that the Ada County Highway District take ownership of the property for right-of-way purposes as part of the Ten Mile Road widening project, McMillan Road to Chinden Boulevard. Section 3. That the City Clerk is hereby instructed to publish a surnmary for this declaration of intent, and establish a public hearing date to review the proposal to convey the real property in the form set forth in Exhibit B. Section 4. That the City Attorney is hereby instructed to bring forth a proposed Ordinance as required by Idaho Code Section 50-1403 for the consideration of the City Council at the conclusion of the public hearing. Section 5. That this Resolution shall be in full force and effect immediately upon its adoption and approval. ADOPTED by the City Council of the City of Meridian, Idaho, this 5t" day of February, APPROVED by the Mayor of the City of Meridian, Idaho, this 5t' day of February, 2019. F.Mm", M G US . '1601 Mayor T y de Weerd RESOLUTION DECLARING INTENT TO CONVEY REAL PROPERTY - PAGE 2 OF 5 Exhibit "A" ACHD Project: Ten Mile Road (McM&llan Road to Chinden Blvd) ACHD Project No.: 518030 Owner; City of`Meridian APN: SO426233770 Section 26, T4N, RI W, BM Parcel 15 Required Right -Of -Way A parcel of land being a portion of the land described in that Warranty Deed recorded as Instrument Number 110013321, Official Records, Ada County, Idaho, situated in the Northwest Quarter of Section 26, Township 4 North, Range 1 West, Boise Meridian, Asda County, Idaho, more particularly described as follows: COMMENCING at an aluminum cap monument marking the southwest comer of said Northwest Quarter from which an aluminum cap monument marking the northwest comer of said Section 26 bears N 00°20'41" E a distance of 2633.79 feet; Thence along the west line of said Northwest Quarter, N 0°20'41'" E a distance of 933.09 feet to the POINT OF BEGINNING; Thence continuing on said west line, N 0°20'41" B a distance of 24.96 feet; Thence leaving said west line, S 89'09'16" E a distance of 52.00 feet along the north line of said Warranty Deed and its westerly prolongation; Thence leaving said north line, along a line parallel with and measuring 52.00 feet east of the west line of said Northwest Quarter S 0020'41" W a distance of 24.97 feet to the south line of said Warranty Deed; Thence along the south line of said Warranty Deed and its westerly prolongation, N 89108'37" W a distance of 52.00 feet to the POINT OF BEGINNING, Said parcel contains 1,298 square feet (0.030 acre), which includes 624 square feet (0.014 acre) of previously dedicated right-of-way. Said parcel is subject to any reservations or easements of record or in use. Prepared by: Brandon Johnson, PLS Ada County Highway District December 6, 2018 RESOLUTION DECLARING INTENT TO CONVEY REAL PROPERTY — PAGE 3 of 5 Meridian City Council Meeting Agenda February 5, 2019 — Page 498 of 736 11A1! O I ___ c W a0. 0-a ny}- n O 0 N -i rl LLJ a- N I U sC© n Lo O bl Z ¢OV,) LU it d'H� S p � SOX LLJ LL.EO > - O 'L�L J,OD 3a �¢O I U rY Ov`aLLJZ I Ln Wp C=� 00C=l ->j W Om N (5 O 3: Q 2 �Qa RESOLUTION DECLARING INTENT TO CONVEY REAL PROPERTY - PAGE 4 of 5 Meridian City Council Meeting Agenda February 5, 2019 — Page 499 of 736 I - Z W v Uj <L Z W O z40 Uj <n EL Lo Q N Q EXHIBIT B SUMMARY OF ACTION TAKEN REGARDING INTENT TO CONVEY REAL PROPERTY AND NOTICE OF PUBLIC HEARING SUMMARY OF ACTION TAKEN: On the 5th day of February, 2019, the City Council of the City of Meridian approved Resolution No. declaring the intent of the City to convey to the Ada County Highway District 1,298 square feet of city -owned real property located in Section 26, T4N, R1 W, BM (a portion of Ada County Assessor's Parcel SO426233770) in the City of Meridian, Ada County, Idaho. The City of Meridian intends to convey the real property without consideration because it is in the City's best interest that the Ada County Highway District take ownership of the property for right-of-way purposes as part of the Ten Mile Road widening project, McMillan Road to Chinden Boulevard. NOTICE IS HEREBY GIVEN: Pursuant to the Ordinances of the City of Meridian and the Laws of the State of Idaho (including but not limited to Idaho Code section 50-1403), 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 6:00 p.m. on Tuesday, March 5, 2019 for the purpose of considering and approving the proposed real property conveyance. For further information, please contact the City Clerks Office at 888-4433. Publish: 15th day of February, 2019 C.JAY COLES, CITY CLERK RESOLUTION DECLARING INTENT TO CONVEY REAL PROPERTY - PAGE 5 of 5 Meridian City Council Meeting Agenda February 5, 2019 — Page 500 of 736 50 1 00f Meridian City Council Meeting Agenda February 5, 2019 — Page 501 of 736 SUMMARY OF ACTION TAKEN REGARDING INTENT TO CONVEY REAL PROPERTY NOTICE OF PUBLIC HEARING SUMMARY OF ACTION TAKEN: Onthe 5 thday ofFebruary, 20I9,the City Council ofthe City of Meridian approved Resolution No. declaring the intent of the City to convey to the Ada County Highway District 1,298 square feet of city -owned real property located in Section 26, T4N, R1W, BM (a portion of Ada County Assessor's Parcel S0426233770) in the City of Meridian, Ada County, Idaho. The City of Meridian intends to convey the real property without consideration because it is in the City's best interest that the Ada County Highway District take ownership of the property for right-of-way purposes as part of the Ten Mile Road widening project, McMillan Road to Chinclen Boulevard. NOTICE IS HEREBY GIVEN: Pursuant tothe Ordinances ofthe City ofMeridian and the Laws ufthe State of Idaho (including but not limited to Idaho Code section 50-1403), 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 6:00 p.m. on Tuesday, March 5, 2019 for the purpose of considering and approving the proposed real property conveyance. For further information, please contact the City Clerks Office atO88-443l Publish: 15th day of February, 2019 CJAY COLES, CITY CLERK Meridian City Council Meeting Agenda February 5,2018 - Page 502 of 736 351462 1866821 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 mentioned 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; 02/15/2019 TATE OF IDAHO) County of Canyon) On this 15th day of February in the year of 2019 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 exec Ned the same. t�r/V�®��� Notary Public for Idaho Residing at Canyon County -i 0.1 �apT,gR� •.��e. My Commission expires 06/28/2023 I/B LAG ; No,1°ti®,,� r`t�"6F11®`���