21-1938 Parks (Conveyance of Real Property) ORDINANCE NO. 21-1938
CITY OF MERIDIAN
BERNT, BORTON, CAVENER,
BY THE CITY COUNCIL: HOAGLUN, PERREAULT, STRADER
AN ORDINANCE AUTHORIZING THE CONVEYANCE OF CERTAIN CITY
OWNED REAL PROPERTY TO THE ADA COUNTY HIGHWAY DISTRICT FOR RIGHT
OF WAY PURPOSES CONSISTING OF APPROXIMATELY .547 ACRES LOCATED AT
DISCOVERY PARK, 2121 E. LAKE HAZEL ROAD ADJACENT TO THE PROPOSED
APEX SUBDIVISION, APPROXIMATELY 1,320 FEET TO THE EAST OF S. LOCUST
GROVE ROAD IN 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 result in the disposition of real property that is
no longer needed for City purposes; and,
WHEREAS, a public hearing was held at the regular meeting of the Meridian City Council
on September 7th, 2021 and at the conclusion of said hearing, the City Council moved to
approve the conveyance of the property, 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
September 7, 2021 meeting of the Meridian City Council.
Section 2. That the City Council determined after the public hearing that the subject property
is no longer needed for City purposes and that it is in the City's best interest to transfer the real
property to the Ada County Highway District without compensation.
Section 3. That the City Council has reviewed and approved the legal description of the
Subject Property as identified and depicted on the attached Exhibits A and B, incorporated
herein by this reference.
Section 4. That the Mayor and City Clerk shall be authorized to execute and attest a
standard form warranty deed and any other documents necessary to complete the conveyance
authorized by this Ordinance.
Section 5.That all City of Meridian ordinances,or resolutions,or parts thereof,which
are in conflict herewith, are hereby repealed.
Section 6. 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 7" day of
September 2021.
APPROVED by the Mayor of the City of Meridian, Idaho, this 7th day of
September 2021.
APPROVED: ATTEST:
Robert E. Simison,Mayor Chris Johnson,City Clerk
ORDINANCE AUTHORIZING CONVEYANCE OF PROPERTY-Page 2 of 7
EXHIBIT A
LEGAL DESCRIPTION OF SUBJECT PROPERTY
Exhibit A - A-
A parcel of land being a portion of Government Lot 3,Section 5,Township 2 North, Range 1 East,City of
Meridian,Ada County, Idaho being more particularly described as follows:
BEGINNING at a found 5/8-inch rebar marking the Northwest corner of said Government Lot 3,which
bears N89°58'28"W a distance of 1,331.88 feet from a found brass cap marking the North 1/4 corner of
said Section 5,thence following the northerly line of said Government Lot 3, S89°58'28"E a distance of
69.00 feet;
Thence leaving said northerly line,SOD°01'43"E a distance of 77.13 feet;
Thence 589°58'17"W a distance of 69.00 feet to the westerly line of said Government Lot 3;
Thence following said westerly line, N00°01'41"W a distance of 77.20 feet to the POINT OF BEGINNING.
Said parcel contains a total of 5,324 square feet,more or less,and is subject to all existing easements
and/or rights-of-way of record or implied.
ORDINANCE AUTHORIZING CONVEYANCE OF PROPERTY-Page 4 of 7
EXHIBIT B -1
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ORDINANCE AUTHORIZING CONVEYANCE OF PROPERTY -Page 5 of 7
Dthibit A — 'Z
A parcel of land being a portion of Government Lot 3,Section 5,Township 2 North, Range 1 East,City of
Meridian, Ada County, Idaho being more particularly described as follows:
Commencing at a found 5/8-inch rebar marking the Northwest corner of said Government Lot 3,which
bears N89°58'28"W a distance of 1,331.88 feet from a found brass cap marking the North 1/4 corner of
said Section 5,thence following the westerly line of said Government Lot 3,500'01'41"E a distance of
77.20 feet to the POINT OF BEGINNING.
Thence leaving said westerly line, N89'58'17"E a distance of 69.00 feet;
Thence S00°01'43"E a distance of 156.50 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 S23°06'21"W, and a chord distance of 175.62 feet to said westerly
line;
Thence following said westerly line, N00°01'43"W a distance of 318.00 feet to the POINT OF
BEGINNING.
Said parcel contains a total of 1.8,492 square feet(0.425 acres), more or less,and is subject to all existing
easements and/or rights-of-way of record or implied.
ORDINANCE AUTHORIZING CONVEYANCE OF PROPERTY -Page 6 of 7
EXHIBIT B - 2
DEPICTION OF REAL PROPERTY
I
POINT OF COMMENCEMENT
NW COR GOV LOT 3
SEC 5 N 1/4 COR SEC 5
FOUND 5/8-INCH REBAR FOUND BRASS CAP
E. Lake Hazel Rd.
32 BASIS OF BEARING 32
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ORDINANCE AUTHORIZING CONVEYANCE OF PROPERTY-Page 7 of 7
CERTIFICATION OF SUMMARY.
William L.M . Nary, City Attorney of the City of Meridian, Idaho , hereby certifies that the
summary below is true and complete and upon its publication will provide adequate notice to
the public .
1
WARI' 0 OVI joo��
William L . M. Nary, City Attorney
SUMMARY OF CITY OF MERIDIAN ORDINANCE NO. 214938
An ordinance authorizing the conveyance of approximately . 547 acres of city owned real
property to the Ada County Highway District for right of way purposes located at Discovery
Park, 2121 E . Lake Hazel Road in Ada County Idaho ; and adopting a savings clause . A full
text of this ordinance is available for inspection at Meridian City Hall , 33 E. Broadway
Avenue, Meridian, Idaho . This ordinance shall be effective as of the date of publication of this
summary. Ordinance Exhibit B (Map) shall be published as part of this Summary.
ORDINANCE AUTHORIZING CONVEYANCE OF PROPERTY - Page 3 of 7
AD#145946AD#
LEGAL NOTICE
SUMMARY OF CITY OF MERIDIAN
ORDINANCE NO.21 -1938
An ordinance authorizing the conveyance of approximate-
ly 0.547 acres of city owned real property to the Ada Coun-
ty Highway District for right of way purposes located at Dis-
covery Park, 2121 E. Lake Hazel Road in Ada County Idaho;
and adopting a savings clause.A full text of this ordinance is
available for inspection at Meridian City Hall, 33 E. Broadway
Avenue,Meridian,Idaho.This ordinance shall be effective as of
the date of publication of this summary.
EXHIBIT B-1
DEPICTION OF REAL PROPERTY
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EXHIBIT B-2
DEPICTION OF REAL PROPERTY
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September 14,2021 145946
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PRESSi>�p
MER7DfAN PREmS PO Box 9399
Lo��News w=<h Holden Emmert 1618 N Midland Blvd, 83651,
BO�SEWEEKLY Messenger Nampa,ID 83652
/ndex
Ph. (208)465-8129 Fax: (907)452-5054
ACCOUNTBILLING DATE: NO:
09/10/21 21410
ADRIENNE WEATHERLY
1 MERIDIAN, CITY OF
33 E. BROADWAYAVENUE
MERIDIAN, ID 83642
AD# DESCRIPTION START STOP TIMES AMOUNT
145946 ORD 21-1938 09/14/21 09/14/21 1 $165.55
Payments:
Date Method Card Type Last 4 Digits Check Amount
Discount: $0.00 Gross:$165.55
Surcharge: $0.00 Paid Amount:$0.00
Credits: $0.00
Amount Due:$165.55
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145946
21410 145946
1 MERIDIAN, CITY OF
33 E. BROADWAY AVENUE
MERIDIAN, ID 83642
AFFIDAVIT OF PUBLICATION
STATE OF IDAHO
County of Canyon and Ada
SHARON JESSEN
of the State of Idaho, being of 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 Idaho Press -
Tribune, a daily newspaper published in the Counties
of Canyon and Ada, State of Idaho, that the said
newspaper is in general circulation in the said
counties of Canyon and Ada, and in the vicinity
of Nampa, Caldwell, and Boise, and has been
uninterruptedly published in said Counties 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 times(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; 09/ 14/2021
SHARON JES d
STATE OF ID HO
County of Canyon and Ada
On this 13th day of September, in the year of 2021 before
me a Notary Public, personally appeared. SHARON JES-
SEN, 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 executed the
Notary Public of Idaho
My commission expires
%�'`'°� �BLtiCh
»5V46
AD# 145946ADO
LEGAL NOTICE
SUMMARY OF CITY OF MERIDIAN
ORDINANCE NO.21 -1938
An ordinance authorizing the conveyance of approximate-
ly 0,547 acres of city awned real property to the Ada Coun-
ty Highway District for right of way purposes located at Dis-
covery Park, 2121 E. Lake Hazel Road in Ada County Idaho;
and adopting a savings clause. A full text of this ordinance is
available for inspection at Meridian City Hall, 33 E. Broadway
Avenue, Meridian, Idaho.This ordinance shall be effective as of
the date of publication of this summary.
EXIII0IT D-1
DEPICTION OF REAL PROPERTY
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September 14, 2021 145946