01-907 Real Property Conveyance Land Swap Steiner and Cherry Lane Rec with CoMCITY OF MERIDIAN
ORDINANCE NO. 01.907
AN ORDINANCE OF THE CITY OF MERIDIAN APPROVING EXCHANGE OF PROPERTY
AS DESCRIBED HEREIN FROM STEINER DEVELOPMENT, LLC TO THE CITY OF
MERIDIAN AND AS DESCRIBED HEREIN FROM THE CITY OF MERIDIAN TO STEINER
DEVELOPMENT, LLC, AND PROVIDING AN EFFECTIVE DATE.
WHEREAS, pursuant to I.C. § 50-1401 et seq., the City of Meridian has authority to sell
or exchange real property owned by it, where said real property is not used for public purposes;
and
WHEREAS, all the requirements of Chapter 14 of Title 50 of the I.C. have been fully
complied with by the City of Meridian; and
WHEREAS, the City of Meridian owns real property which can be exchanged for other
real property and goods which will serve the public and be used for public purposes; and
WHEREAS, the City Council has determined that the value to be received, by exchanging
the property, will be adequate.
NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND CITY COUNCIL
OF THE CITY OF MERIDIAN, ADA COUNTY, IDAHO:
Section 1: The property to be exchanged is more particularly described as follows:
A portion of the Northwest Quarter of Section 3, T. 3N., R. 1W., B.M., Meridian, Ada
County, Idaho and more particularly described as follows:
Beginning at a Brass cap marking the Northeast corner of the Northwest Quarter of
Section 3, T. 3N., R. 1W., B.M., Meridian, Ada County, Idaho.
thence along the Easterly boundary of the said Northwest Quarter of Section 3, South
00°27'29" West 1,365.57 feet to an iron pin marking the Southeast corner of the Northeast
Quarter of the Northwest Quarter of Section 3, said iron pin also being on the Northerly
boundary of The Lake At Cherry Lane No. 4 Subdivision as filed for record in the office of
the Ada County Recorder, Boise, Idaho, in Book 74 of Plats at Pages 7674 and 7675;
thence leaving said Easterly boundary, and along the said Northerly boundary of The Lake
At Cherry Lane No. 4 Subdivision, North 89°18'58" West 301.76 feet to an iron pin
Land Exchange Ordinance - Page 1 of 6
AND
marking the Northwest corner of said The Lake At Cherry Lane No. 4 Subdivision;
thence leaving said Northerly boundary, and along the Westerly boundary of said The Lake
At Cherry Lane No. 4 Subdivision, South 00°30'18" West 486.13 feet to an iron pin, said
iron pin being the REAL POINT OF BEGINNING;
thence continuing along said Westerly boundary, South 00'30'18" West 19.38 feet to a
point;
thence leaving said Northwesterly boundary, North 89°29'45" West 79.95 feet to a point;
thence South 78°33'49" West 182.71 feet to a point;
thence North 11°45'06" East 20.62 feet to a point;
thence North 78°53'05" East 183.47 feet to a point;
thence South 89°29'54" East 74.99 feet to the point of beginning, comprising
0.11 acres, more or less.
SUBJECT TO:
All existing easements and road rights-of-way of record or appearing on the above-described
parcel of land.
A portion of the Northwest Quarter of Section 3, T. 3N., R. 1W., B.M., Meridian, Ada
County, Idaho and more particularly described as follows:
Beginning at a Brass cap marking the Northeast corner of the Northwest Quarter of
Section 3, T. 3N., R. 1W., B.M., Meridian, Ada County, Idaho;
thence along the Easterly boundary of the said Northwest Quarter of Section 3, South
00°27'29" West 1,365.57 feet to an iron pin marking the Southeast corner of the Northeast
Quarter of the Northwest Quarter of Section 3, said iron pin also being on the Northerly
boundary of The Lake At Cherry Lane No. 4 Subdivision as filed for record in the office of
the Ada County Recorder, Boise, Idaho, in Book 74 of Plats at Pages 7674 and 7675;
thence leaving said Easterly boundary, and along the said Northerly boundary of The Lake
At Cherry Lane No. 4 Subdivision, North 89'18'58" West 301.76 feet to an iron pin
marking the Northwest corner of said The Lake At Cherry Lane No. 4 Subdivision;
Land Exchange Ordinance - Page 2 of 6
thence leaving said Northerly boundary, and along the Westerly boundary of said The Lake
At Cherry Lane No. 4 Subdivision, South 00'30'18" West 486.13 feet to an iron pin;
thence leaving said Westerly boundary North 89°29'54" West 74.97 feet to an iron pin;
thence South 78°53'05" West 183.47 feet to an iron pin, said iron pin being the REAL
POINT OF BEGINNING;
thence South 11°45'06" West 206.39 feet to an iron pin;
thence South 00°30'06" West 154.08 feet to an iron pin;
thence Southwesterly 24.54 feet along the arc of a curve to the left, said curve having a
radius of 425.00 feet, a central angle of 03°18'29", and a chord bearing South 80°53'03"
West 24.54 feet, to a point on the easterly right-of-way of the Eight Mile Lateral;
thence along said easterly right-of-way North 00'42'19" East 347.61 feet to a point;
thence leaving said easterly right-of-way North 78°53'05" East 65.54 feet to
the REAL POINT OF BEGINNING, comprising 0.278 acres, more or less.
SUBJECT TO:
All existing easements and road rights-of-way of record or appearing on the above-described
parcel of land.
said property will be exchanged to Steiner Development, LLC, an Idaho limited liability company.
Section 2: In exchange for the real property described above, the City of Meridian shall
receive the following described real property:
A portion of the Northwest Quarter of Section 3, T. 3N., R. 1 W., B.M., Meridian, Ada
County, Idaho, and more particularly described as follows:
Beginning at a Brass cap marking the Northeast corner of the Northwest Quarter of
Section 3, T. 3N., R. 1W., B.M., Meridian, Ada County, Idaho:
thence along the Easterly boundary of the said Northwest Quarter of Section 3, South
00°27'29" West 1,365.57 feet to an iron pin marking the Southeast corner of the Northeast
Quarter of the Northwest Quarter of Section 3, said iron pin also being on the Northerly
boundary of The Lake At Cherry Lane No. 4 Subdivision as filed for record in the office of
Land Exchange Ordinance - Page 3 of 6
the Ada County Recorder, Boise, Idaho, in Book 74 of Plats at Pages 7674 and 7675;
thence leaving said Easterly boundary, and along the said Northerly boundary of The Lake
At Cherry Lane No. 4 Subdivision, North 89'18'58" West 301.76 feet to an iron pin
marking the Northwest corner of said The Lake At Cherry Lane No. 4 Subdivision;
thence leaving said Northerly boundary, and along the Westerly boundary of said The Lake
At Cherry Lane No. 4 Subdivision, South 00'30'18" West 1,058.58 feet to an iron pin;
thence leaving said Westerly boundary, and along the Northwesterly boundary of said The
Lake At Cherry Lane No. 4 Subdivision, South 82°30'02" West 323.04 feet to an iron pin,
said iron pin being the REAL POINT OF BEGINNING;
thence continuing along said Northwesterly boundary, South 82°30'02" West 36.87 feet to
an iron pin;
thence leaving said Northwesterly boundary, North 00'30'14" East 163.35 feet to an iron
pin marking a point of curve on the Southerly right-of-way of proposed W. Talamore
Boulevard.
thence along said Southerly right-of-way, along a curve to the right 38.58 feet, said curve
having a central angle of 05°53'39", a radius of 375.00 feet, tangents of 19.31 feet, and a
long chord of 38.56 feet bearing North 74°43'40" East to an iron pin;
thence leaving said proposed Southerly right-of-way, South 00'42'19" West 168.70 feet to
the point of beginning, comprising 0.14 acres, more or less.
SUBJECT TO:
All existing easements and road rights -of --way of record or appearing on the above-described
parcel of land.
Section 3: In addition to the real property described in Section 2 above,
Steiner Development, LLC shall also supply 152 feet of 48 inch diameter concrete pipe meeting
the applicable specifications of the Nampa & Meridian Irrigation District for use in tiling the Eight
Mile Lateral in the vicinity of the exchange parcels.
Section 4: The exchange effected by this ordinance shall be subject to the following
conditions, each of which must be satisfied thirty (30) days prior to the closing date, or this
ordinance shall be of no further force and effect:
1. Each of the properties to be exchanged shall, to the reasonable satisfaction of the
parties, be determined to be free of any environmental and biological contaminates.
Land Exchange Ordinance - Page 4 of 6
2. Receipt by the City of consent to the exchange by the City's tenant, Cherry Lane
Recreation, Inc.
3. Receipt by the City of approval for the exchange and the future use of the real
property to be exchanged by the City for residential purposes from Western Ada
Recreation District, the City's predecessor in title to the real property to be
exchanged by City.
4. Approval by the City of an application made by Steiner Development to (i)
incorporate the real property to be acquired by Steiner Development pursuant to
Land Exchange Agreement into those lots in the proposed Lake at Cherry Lane
Subdivision No. 8 which are adjacent to the said real property to be acquired by
Steiner Development, (ii) and add an additional residential building lot between lot
numbers 57 and 58 as depicted on the plat of the proposed Lake at Cherry Lane
Subdivision No. 8 which said approval may be conditioned upon the closing of the
exchange transaction contemplated hereby.
Section 5: All ordinances, resolutions, orders or parts thereof in conflict
herewith are hereby repealed, rescinded and annulled.
Section 6: VALIDITY. The Meridian City Council hereby declares that
any section, paragraph, sentence or word of this Ordinance as adopted and amended herein be
declared for any reason to be invalid it is the intent of the Meridian City Council that it would
have passed all other portions of this ordinance independent of the elimination herefrom of any
portion as may be declared invalid.
Section 7: SAVINGS CLAUSE: This ordinance does not affect an action
or proceeding commenced or right accrued before this ordinance takes effect.
Section 8: DATE OF EFFECT: This ordinance shall be in full force and
effect within one (1) month after its passage, approval and publication, according to law.
PASSED BY THE COUNCIL OF THE CITY OF MERIDIAN, IDAHO, this 23rd day of
January, 2001.
APPROVED BY THE MAYOR OF THE CITY OF MERIDIAN, IDAHO, this 23rd day of
January, 2001.
Land Exchange Ordinance - Page 5 of 6
Mayor Robert D. Corrie
ATTEST:
City Clerk
ZAWork\M\Meridian\Meridian 15360M\CherryLane Land Exchange\LandExchangeOrd.wpd
Land Exchange Ordinance - Page 6 of 6
CITY OF MERIDIAN
ORDINANCE NO. 0%7a 7
AN ORDINANCE OF THE CITY OF MERIDIAN APPROVING EXCHANGE OF
PROPERTY AS DESCRIBED HEREIN FROM STEINER DEVELOPMENT, LLC
TO THE CITY OF MERIDIAN AND AS DESCRIBED HEREIN FROM THE CITY
OF MERIDIAN TO STEINER DEVELOPMENT, LLC, AND PROVIDING AN
EFFECTIVE DATE.
WHEREAS, pursuant to I.C. § 50-1401 et seq., the City of Meridian has
authority to sell or exchange real property owned by it, where said real property is
not used for public purposes; and
WHEREAS, all the requirements of Chapter 14 of Title 50 of the I.C. have
been fully complied with by the City of Meridian; and
WHEREAS, the City of Meridian owns real property which can be exchanged
for other real property and goods which will serve the public and be used for public
purposes; and
WHEREAS, the City Council has determined that the value to be received, by
exchanging the property, will be adequate.
NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND CITY
COUNCIL OF THE CITY OF MERIDIAN, ADA COUNTY, IDAHO:
Section 1: The property to be exchanged is more particularly described as
follows:
A portion of the Northwest Quarter of Section 3, T. 3N., R. 1W., B.M.,
Meridian, Ada County, Idaho and more particularly described as follows:
Beginning at a Brass cap marking the Northeast corner of the Northwest
Quarter of Section 3, T. 3N., R. 1 W., B.M., Meridian, Ada County, Idaho.
thence along the Easterly boundary of the said Northwest Quarter of Section
3, South 00027,291, West 1,365.57 feet to an iron pin marking the Southeast
Land Exchange Ordinance — Page 1 of 6
Beginning at a Brass cap marking the Northeast corner of the Northwest
Quarter of Section 3, T. 3N., R. 1W., B.M., Meridian, Ada County, Idaho;
thence along the Easterly boundary of the said Northwest Quarter of Section
3, South 00°27'29" West 1,365.57 feet to an iron pin marking the Southeast
corner of the Northeast Quarter of the Northwest Quarter of Section 3, said
iron pin also being on the Northerly boundary of The Lake At Cherry Lane
No. 4 Subdivision as filed for record in the office of the Ada County Recorder,
Boise, Idaho, in Book 74 of Plats at Pages 7674 and 7675;
thence leaving said Easterly boundary, and along the said Northerly boundary
of The Lake At Cherry Lane No. 4 Subdivision, North 89'18'58" West 301.76
feet to an iron pin marking the Northwest corner of said The Lake At Cherry
Lane No. 4 Subdivision;
thence leaving said Northerly boundary, and along the Westerly boundary of
said The Lake At Cherry Lane No. 4 Subdivision, South 00°30' 18" West
486.13 feet to an iron pin;
thence leaving said Westerly boundary North 89029'54" West 74.97 feet to an
iron pin;
thence South 78°53'05" West 183.47 feet to an iron pin, said iron pin being
the REAL POINT OF BEGINNING;
thence South 11'45'06" West 206.39 feet to an iron pin;
thence South 00°30'06" West 154.08 feet to an iron pin;
thence Southwesterly 24.54 feet along the arc of a curve to the left, said curve
having a radius of 425.00 feet, a central angle of 03°18'2911, and a chord
bearing South 80°53'03" West 24.54 feet, to a point on the easterly right-of-
way of the Eight Mile Lateral;
thence along said easterly right-of-way North 00042' 19" East 347.61 feet to a
point;
thence leaving said easterly right-of-way North 78°53'05" East 65.54 feet to
the REAL POINT OF BEGINNING, comprising 0.278 acres, more or less.
Land Exchange Ordinance — Page 3 of 6
SUBJECT TO:
All existing easements and road rights -of -way of record or appearing on the
above -described parcel of land.
said property will be exchanged to Steiner Development, LLC, an Idaho limited
liability company.
Section 2: In exchange for the real property described above, the City of
Meridian shall receive the following described real property:
A portion of the Northwest Quarter of Section 3, T. 3N., R. 1 W., B.M.,
Meridian, Ada County, Idaho, and more particularly described as follows:
Beginning at a Brass cap marking the Northeast corner of the Northwest
Quarter of Section 3, T. 3N., R. 1 W., B.M., Meridian, Ada County, Idaho:
thence along the Easterly boundary of the said Northwest Quarter of Section
3, South 00°27'29" West 1,365.57 feet to an iron pin marking the Southeast
corner of the Northeast Quarter of the Northwest Quarter of Section 3, said
iron pin also being on the Northerly boundary of The Lake At Cherry Lane
No. 4 Subdivision as filed for record in the office of the Ada County Recorder,
Boise, Idaho, in Book 74 of Plats at Pages 7674 and 7675;
thence leaving said Easterly boundary, and along the said Northerly boundary
of The Lake At Cherry Lane No. 4 Subdivision, North 89'18'58" West 301.76
feet to an iron pin marking the Northwest corner of said The Lake At Cherry
Lane No. 4 Subdivision;
thence leaving said Northerly boundary, and along the Westerly boundary of
said The Lake At Cherry Lane No. 4 Subdivision, South 00'30' 18" West
1,058.58 feet to an iron pin;
thence leaving said Westerly boundary, and along the Northwesterly boundary
of said The Lake At Cherry Lane No. 4 Subdivision, South 82030'02" West
323.04 feet to an iron pin, said iron pin being the REAL POINT OF
BEGINNING;
thence continuing along said Northwesterly boundary, South 82°30'02" West
36.87 feet to an iron pin;
Land Exchange Ordinance — Page 4 of 6
thence leaving said Northwesterly boundary, North 00°30' 14" East 163.35 feet
to an iron pin marking a point of curve on the Southerly right-of-way of
proposed W. Talamore Boulevard.
thence along said Southerly right-of-way, along a curve to the right 38.58 feet,
said curve having a central angle of 05°53'39", a radius of 375.00 feet, tangents
of 19.31 feet, and a long chord of 38.56 feet bearing North 74°43'40" East to
an iron pin;
thence leaving said proposed Southerly right-of-way, South 00°42' 19" West
168.70 feet to the point of beginning, comprising 0.14 acres, more or less.
SUBJECT TO:
All existing easements and road rights -of -way of record or appearing on the
above -described parcel of land.
Section 3: In addition to the real property described in Section 2 above,
Steiner Development, LLC shall also supply 152 feet of 48 inch diameter concrete
pipe meeting the applicable specifications of the Nampa &. Meridian Irrigation
District for use in tiling the Eight Mile Lateral in the vicinity of the exchange parcels.
Section 4: The exchange effected by this ordinance shall be subject to the
following conditions, each of which must be satisfied thirty (30) days prior to the
closing date, or this ordinance shall be of no further force and effect:
a. Each of the properties to be exchanged shall, to the reasonable
satisfaction of the parties, be determined to be free of any
environmental and biological contaminates.
b. Receipt by the City of consent to the exchange by the City's tenant,
Cherry Lane Recreation, Inc.
C. Receipt by the City of approval for the exchange and the future use of
the real property to be exchanged by the City for residential purposes
from Western Ada Recreation District, the City's predecessor in title to
the real property to be exchanged by City.
d. Approval by the City of an application made by Steiner Development to
(i) incorporate the real property to be acquired by Steiner Development
Land Exchange Ordinance — Page 5 of 6
W.
pursuant to Land Exchange Agreement into those lots in the proposed
Lake at Cherry Lane Subdivision No. 8 which are adjacent to the said
real property to be acquired by Steiner Development, (ii) and add an
additional residential building lot between lot numbers 57 and 58 as
depicted on the plat of the proposed Lake at Cherry Lane Subdivision
No. 8 which said approval may be conditioned upon the closing of the
exchange transaction contemplated hereby.
Section 5: All ordinances, resolutions, orders or parts thereof in conflict
herewith are hereby repealed, rescinded and annulled.
Section 6: VALIDITY: The Meridian City Council hereby declares that
any section, paragraph, sentence or word of this Ordinance as adopted and amended
herein be declared for any reason to be invalid it is the intent of the Meridian City
Council that it would have passed all other portions of this ordinance independent of
the elimination herefrom of any portion as may be declared invalid.
Section 7: SAVINGS CLAUSE: This ordinance does not affect an action
or proceeding commenced or right accrued before this ordinance takes effect.
Section 8: DATE OF EFFECT: This ordinance shall be in full force and
effect within one (1) month after its passage, approval and publication, according to
law.
PASSED BY THE COUNCIL OF THE CITY OF MERIDIAN, IDAHO, this
2 day of ;z7-a- sut�-iy
APPROVED BY THE MAYOR OF THE CITY OF MERIDIAN, IDAHO, this
2- day of hw�-r, , 200 20ol-
ATTEST:
May Robert D. Corrie
OF
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Cps � +` � � •�� fd,,.
City Clerk
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Land
Exchange Ordinance - Page 6 of 6`