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19-1834 Ada County Conveyance Ten Mile Rd UstickORDINANCE AUTHORIZING CONVEYANCE OF PROPERTY - Page 1 of 5 CITY OF MERIDIAN ORDINANCE NO. 19-1834 BY THE CITY COUNCIL: BERNT, 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: PORTIONS OF CERTAIN REAL PROPERTY LOCATED ALONG TEN MILE ROAD NORTH OF USTICK: (1) A PARCEL LOCATED IN THE SE ¼ OF SECTION 34, T4N, R1W, ADA COUNTY IDAHO, AND (2) A PARCEL LOCATED IN THE SW ¼ OF SECTION 35, T4N, R1W, BM, ADA COUNTY IDAHO; AUTHORIZING THE MAYOR AND CITY CLERK 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 certain 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 July 9, 2019 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 July 9, 2019 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 descriptions of the proposed right-of-way parcels located on Ten Mile Road as identified and depicted as Parcel 16 and Parcel 18 on the attached Exhibits and incorporated herein. Meridian City Council Meeting Agenda July 9, 2019 – Page 107 of 120 Section 4. That the Mayor and City Clerk shall be authorized to execute and attest the Compensation Summary, Temporary Construction Easement, standard form warranty deeds and any other documents necessary to complete the conveyance authorized by this Ordinance. PASSED by the City Council of the City of Meridian, Idaho, this 9tn day of July, 2019. APPROVED by the Mayor of the City of Meridian, Idaho, this 9`1 day of July, 2019. CITY OF MERIDIAN Tammy de Weerd �Q0�p TED AUGo ATTES� � �o Chris xrk \Z"H SEAL 4ojthe TRV I ORDINANCE AUTHORIZING CONVEYANCE OF PROPERTY - Page 2 of 5 I q " i g?J�3 Ada County Highway District Project No. 518001 Ten Mile Road — Ustick Road to McMillan Road • Parcel 16 Right -of -Way Requirement Description A parcel located in the SE % of Section 34, Township 4 North, Range 1 West, Boise Meridian, and being a part that parcel as shown on Record of Survey No. 9193 on file as Instrument No. 112039267 in the office of the Recorder, Ada County, Idaho, more particularly described as follows: Commencing at a brass cap monument marking the southeasterly corner of said SE %, from which a brass cap monument marking the northeasterly corner of said SE % bears N 0`53'05" E a distance of 2643.60 feet; Thence N 053'05" E along the easterly boundary of said SE % a distance of 1208.39 feet to the southeasterly corner of said parcel and the POINT OF BEGINNING; Thence continuing N 0'53'05" E a distance of 0.43 feet to the northeasterly corner of said parcel; Thence leaving said easterly boundary N 48044'00" W along the northeasterly boundary of said parcel a distance of 63.01 feet to a point; Thence leaving said northeasterly boundary S 0'53'05" W a distance of 18.90 feet to a point on the southerly boundary of said parcel; Thence S 6408'50" E along said southerly boundary a distance of 52.95 feet to the POINT OF BEGINNING. This parcel contains 464 square feet (0.011 acres) and is subject to any easements, existing or in use. Said parcel contains 131 square feet (0.003 acres) of Ten Mile Road prescriptive right-of- way. Prepared by: Glenn K. Bennett, PLS in Civil Survey Consultants, IncorporatedU October 24, 2018 5082 or ito SKETCH TO ACCOMPANY DESCRIPTIONS FOR AC D LOCATED IN THE SW 1/4 OF SECTION 74 TO NSHIP 4 NORTH, RAGNE 1 WEST, BOISE MERIDIAN, AA0UNT1� 1/4 16 ROS 9193 u--) -0 0) 06 0 .,7 CIO 00 00 St REQUIREMENT W PARCEL �a o PRESCRIPTIVE RIGHT—OF—WAY 610 0 L LA z cc0 X 0.43' (5082 POINT OF oir BEGINNING REQUIREMENT Q,zc 461j, C6 0 CIVIL SURVEY CONSULTANTS, INC. SCALE: 1 10' 34 35 2893 SOUTH MERIDIAN ROAD MERIDIAN, IDAHO 83642 (208)888-4312 Ada County Highway District Project No. 518001 Ten Mile Road — Ustick Road to McMillan Road • Parcel 18 Right -of -Way Requirement Description A parcel located in the SW % of Section 35, Township 4 North, Range 1 West, Boise Meridian, and being a part of Lot 28 of Block 5 of ISOLA CREEK SUBDIVISION No. 4 as shown in Book 111 of Plats at Page 16055 in the office of the Recorder, Ada County, Idaho, more particularly described as follows: Commencing at a brass cap monument marking the southwesterly corner of said SW %, from which a brass cap monument marking the northwesterly corner of said SW % bears N 0053'05" E a distance of 2643.60 feet; Thence N 053'05" E along the westerly boundary of said SW % a distance of 1108.99 feet to a point on the centerline of Five Mile Creek; Thence leaving said westerly boundary S 46021'55" E along said centerline a distance of 68.09 feet to the southwesterly corner of said Lot 28 and the POINT OF BEGINNING; Thence continuing S 46021'55" E and along the southerly boundary of said Lot 28 a distance of 34.73 feet to a point; Thence leaving said centerline and southerly boundary N 0°53'05" E a distance of 56.05 feet to a point; Thence N 89`06'55" W a distance of 25.50 feet to a point on the easterly right-of-way of Ten Mile Road; Thence S 0053'05" W along said easterly right-of-way a distance of 32.48 feet to the POINT OF BEGINNING; This parcel contains 1,129 square feet (0.026 acres) and is subject to any easements, existing or in use. Prepared by: Glenn K. Bennett, PLS PRp,., Civil Survey Consultants, Incorporated su b October 24, 2018 cc �r 10441, Of SKETCH TO ACCOMPANY DESCRIPTIONS FOR ACHD LOCATED IN THE SW 1/4 OF SECTION 35, TOWNSHIP 4 NORTH, RANGE 1 WEST, BOISE MERIDIAN, ADA COUNTY, IDAHO SCALE: 1"=30' Cil 0 z O tr _J z w F - El 1/4 co LO m 00 0 I I I � i ole NILq N rn 18 ISOLA CREEK SUBDIVISION No. 4 BLOCK 5 LOn LOT 28 I 91 cm) N 89'05"55" W to. , 0 25.50' 5 I� wJ fid!\ IN WW W -L0 In Ss if7 1 as IS F w l u 0 POINT OF z BEGINNING REQUIREMENT L u lya C' 0 a 5082 0M CML SURVEY CONSULTANTS, INC. �` •�T �F 2893 SOUTH MERIDIAN ROAD .�``MERIDIAN, IDAHO 83642 i�ccy -'�lll K. 9 (208)888-4312 ORDINANCE AUTHORIZING CONVEYANCE OF PROPERTY - Page 5 of 5 Meridian City Council Meeting Agenda July 9, 2019 – Page 111 of 120 351462 1922111 1 MERIDIAN, CITY OF 33 E. BROADWAY AVENUE MERIDIAN ID 83642 AFFIDAVIT OF PUBLICATION STATE OF IDAHO ) )SS. County of Ada ) Sharon ]essen 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; 07/19/2019 STATE OF IDAHO County of Canyon) On this 19th day of July 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 execut The same. Notary Public for Idaho o!o R Residing at Canyon County ����V ,.•• , �s e,� My Commission expires 06/28/2023 • �OTq,QY e°°,gT '6r