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21-2279 Convey to ACHD Right of Way - Discovery Park of E. Lake Hazel Road Item#13. CITY OF MERIDIAN RESOLUTION NO. 21-2279 BY THE CITY COUNCIL: BERNT, BORTON, CAVENER, HOAGLUN, PERREAULT, STRADER 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 AT DISCOVERY PARK OFF OF E. LAKE HAZEL ROAD ADJACENT TO THE PROPOSED APEX SUBDIVISION,APPROXIMATELY 1,320 FEET TO THE EAST OF S. LOCUST GROVE ROAD; 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, the Ada County Highway District has requested that the City Council of the City of Meridian set a hearing to consider the transfer of approximately 22,082 square feet of certain real property from the City to the District for right-of-way purposes; and, WHEREAS, following the 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. NOW THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF MERIDIAN,IDAHO: Section 1. That it is hereby declared that the City of Meridian intends to convey to the Ada County Highway District certain real property located at Discovery Park off of E. Lake Page 234 Item#13. Hazel Road Adjacent to the proposed Apex subdivision, East of S. Locust Grove Road, as legally described in the attached Exhibit A and depicted in the attached Exhibit B. 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. Section 3. That the City Clerk is hereby instructed to publish a summary 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 C. 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 27th day of July, 2021. APPROVED by the Mayor of the City of Meridian, Idaho, this 27th day of July, 2021. APPROVED: Mayor Robert E. Simison ATTEST: By: Chris Johnson, City Clerk Page 235 Item#13. Exhibit A A parcel of land being a portion of the Northeast 1/4 of the Northwest 1/4 of Section 5,Township 2 North, Range 1 East, B.M.,City of Meridian,Ada County, Idaho being more particularly described as follows: Beginning at a 5/8-inch rebar marking the Northwest corner of said Northeast 1/4 of the Northwest 1/4 (West 1/16 corner),which bears N89058'28"W a distance of 1,331.88 feet from a brass cap marking the North 1/4 corner of said Section 5,thence following the northerly line of said Northeast 1/4 of the Northwest 1/4,S89°58'28"E a distance of 69.000 feet; Thence leaving said northerly line,S00°01'44"E a distance of 233.63 feet; Thence 180.49 feet along the arc of a curve to the right,said curve having a radius of 223.50 feet,a delta angle of 46°16'08",a chord bearing of S2300621"W and a chord distance of 175.62 feet to the westerly line of said Northeast 1/4 of the Northwest 1/4; Thence following said westerly line, N00°01'44"W a distance of 395.20 feet to the POINT OF BEGINNING. Said parcel contains a total of 0.547 acres(23,816 square feet), more or less,and is subject to all existing easements and/or rights-of-way of record or implied. Attached hereto is Exhibit B and by this reference is made a part hereof. PLO N 12459 0 w OF q. N L. 9Atiy4 Page 236 Item#13. EXHIBIT B POINT OF BEGINNING FOUND BRASS CAP FOUND 5/8—INCH REBAR 25' PRESCRIPTIVE NORTH 1/4 SECTOIONE5 WEST 1/16 CORNER RIGHT—OF—WAY E. Lake Hazel Rd. SECTIONS 5 a. 32 1,734 SFt BASIS OF BEARING S89-58'28"E 1331.88' 32 1269.38— — — — 5 Ma co ri M '6 N d Q w Unplatted Apex Southeast ,N a City of Meridian Subdivision No. 1 �, a; o 51405212410 0 (Proposed) c v a NON PRESCRIPTIVE o RIGHT—OF—WAY 0 0 22,082 SFt 0 0 z m /ai I _ CURVE TABLE V CURVE RADIUS LENGTH DELTA CHORD BRG CHORD C1 223.50' 180.49' 46"76'OS" S23"05'21"W 175.62' ® O 100 200 300 Plan Scale: 1"=100' E N G I N E E R I N G wTE STrtEET --- NEi eai........ Exhibit B Apex Southeast Subdivision No. 1 PROJE— SHEET: Right-of-Way Dedication 1 OF 1 NE 1/4 NW 1/4 Sec. S, T2N., R1E_, B-M_, City of Meridian, Ada County, Idaho Page 237 Item#13. EXHIBIT C SUMMARY OF ACTION TAKEN REGARDING INTENT TO CONVEY REAL PROPERTY AND NOTICE OF PUBLIC HEARING SUMMARY OF ACTION TAKEN: On the 27th day of July, 2021, the City Council of the City of Meridian approved Resolution No. 21-2279 declaring the intent of the City to convey to the Ada County Highway District approximately 22,082 square feet of real property located at Discovery Park off of E. Lake Hazel Road Adjacent to the proposed Apex subdivision, approximately 1,320 feet to the east of S. Locust Grove Road. 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. 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,August 201, 2021 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: 61' day of August, 2021 CHRIS JOHNSON, CITY CLERK Page 238 MEMO INVOICE Loerl W< NV-" " 1-1a1di.1K M�HRI�IANFPRBmS .' y �� Emmeti BO111ISEWEE L:V M�essenper ADRIENNE WEATHERLY 1 MERIDIAN, CITY OF 33 E. BROADWAYAVENUE MERIDIAN, ID 83642 PO Box 9399 1618 N Midland Blvd, 83651, Nampa,ID 83652 Ph. (208) 465-8129 Fax: (907) 452-5054 BILLING DATE: ACCOUNT NO: LEGAL NOTICE 08/24/21 21410 SUMMARY OF ACTION TAKEN REGARDING tNTENTTO CONVEY REAL PROPERTY AND NOTICE OF PUBLIC HEARING AD # DESCRIPTION START STOP TIMES AMOUNT 136282 PH 9/7/2021 08/20/21 08/20/21 1 $43.48 Payments: Date Method Card Type Last 4 Digits Check Amount Discount: $0.00 Gross:$43.48 Surcharge: $0.00 Paid Amount:$0.00 Credits: $0.00 Amount Due:$43.48 We Appreciate Your Business! SUMMARY OF ACTION TAKEN: On the 27th day of July, 2021, the City Council of the City of Meridian approved Resolution No. 21-2279 de- claring the intent of the City to convey to the Ada County Highway District approximate- ly 22,082 square feet of real property located at Discovery Park off of E. Lake Hazel Road Adjacent to the proposed Apex subdivision, approximately 1,320 feet to the east of S. Locust Grove Road. The City of Meridian intends to convey the real property without con- sideration 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. NOTICE IS HEREBY GIV- EN: Pursuant to the Ordinanc- es 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 Ave- nue, Meridian, Idaho, at the hour of 6:00 p.m. on Tuesday, September 7, 2021 for the purpose of considering and approving the proposed real property conveyance. For further information, please contact the City Clerks Office at 888-4433. August 20, 2021 136282 ADa 136282 AFFIDAVIT OF PUBLICATION STATE OF IDAHO County of Ada 21410136282 1 MERIDIAN, CITY OF SHARON JESSEN of the State of Idaho, being of first duly sworn, deposes 33 E. BROADWAY AVENUE and says: MERIDIAN, ID 83642 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. LEGAL NOTICE 2.That I am the Principle Clerk of the Meridian Press, SUMMARY OFACTION TAKEN REGARDING a weekly published newspaperublished in the State of Idaho; INTENT TO CONVEY REAL PROPERTY AND NOTICE e saidnewspaper that the news a is in general circulation in the OF PUBLIC HEARING said county of Ada, and in the vicinity of Meridian, St,MMARY OF ACTION Idaho and has been uninterruptedly published in said TAKEN: On the 27th day of July, 2021, the City Council of Count during period of seventy -eight consecutive the City of Meridian approved y g a P y g Resolution No. 21-2279 de- weeks prior to the first publication of this notice, a claring the intent of the CCty to convey to the Ada County copy of which is hereto attached. Highway District approximate- ly 22,082 square feet of real 3.That the notice, of which the annexed is a printed property located at Discovery Park off of E. �_ake Hazel Road copy, was published in said newspaper 1 times(s) Adjacent to it proposed Apex subdivision, approximately in the regular and entire issue of said paper, and 1,320 feet to the east of S. Locust Grove Road. The City was printed in the newspaper proper, and not in a of Meridian intends to convey the real property without con- supplement sideration 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. That said notice was published the following: 08/20/2021 NOTICE IS HEREBY GIV- EN: Pursuant to the Ordinanc- es of the City of Meridian and the Laws of the State of Idaho (including but not limited to Idaho Code section 50-1403), SHARON ESSE the City Council of the City J of Meridian will hold a public STATE OF IDAHO hearing at the Meridian City Hall, 33 East Broadway Ave- County of Canyon and Ada nue, Meridian, Idaho, at the hour of 6:00 p.m. on Tuesday, September 7, 2021 for the On this 20th day of August, in the year of 2021 before me purpose the oproposed and a Notary Public, personally appeared. SHARON JESSEN, property conveyance. known or identified to me to be the person whose name is For further information, please contact the City Clerks subscribed to the within instrument, and being by me first Office at 888-4433. duly sworn, declared that the statements therein are true, August 20, 2021 136282 and acknowledge to me that he/she executed the same. �•``��Y0N R:,Ni Notary Public of Idaho7. OTq My commission expires 2_DX ®a �A- '0USLIG ADx 136282 %, �P% 0. 0 ;'• IV .,,,OF 410 "'o;`