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13-1562 Real Property Conveyance Located at 3468 Locust GroveCITY OF MERIDIAN ORDINANCE NO. 13 - 1 BY THE CITY COUNCIL: BIRD, HOAGLUN, ROUNTREE, ZAREMBA AN ORDINANCE AUTHORIZING THE CONVEYANCE OF CERTAIN CITY OWNED REAL PROPERTY TO THE ADA COUNTY HIGHWAY DISTRICT LOCATED AT 3468 S LOCUST GROVE ROAD SOUTH OF VICTORY ROAD, A PORTION OF ADA COUNTY PARCEL NUMBER S1129223550; 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 approximately 6,385 square feet of real property to the Ada County Highway District for right-of-way purposes (said parcel contains 4,215 square feet of prescriptive right of way); and, WHEREAS, a public hearing was held at the regular meeting of the Meridian City Council on June 25, 2013 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 June 25, 2013 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. ORDINANCE AUTHORIZING CONVEYANCE OF PROPERTY - Page 1 of 4 Section 3. That the City Council has reviewed and approved the legal description of the proposed right-of-way attached hereto and incorporated herein. 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 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 25th day of June, 2013. APPROVED by the Mayor of the City of Meridian, Idaho, this 25th day of June, 2013. ORDINANCE AUTHORIZING CONVEYANCE OF PROPERTY - Page 2 of 2 BOUNDARY DESCRIPTION FOR THE CITY OF MERIDIAN RIGHT-OF-WAY REQUIREMENT A parcel located in the NW '/a of the NW 1/4 of Section 29, Township 3 North, Range 1 East, Boise Meridian, and being a part of Parcel 2 of Record of Survey No, 8731 as shown in Instrument Number 11013915 in the office of the Recorder, Ada County, Idaho, more particularly described as follows: Commencing at a 5/8 ineh diameter iron pin marking the northwesterly corner of said NW 1/4 of the NW ''/a, from which a 5/8 inch diameter iron pin marking the southwesterly corner of the NW '/a of said Section 29 bears S 0'14'19" W a distance of 2645.59 feet; Thence S 0°14'19" W along the westerly boundary of said NW '/a of the NW '/a a distance of 791,70 feet to the northwesterly corner of said Parcel 2 and the POINT OF BEGINNING; Thence continuing S 011449" W along the westerly boundary of said Parcel 2 a distance of 160.30 feet to the southwesterly corner of said Parcel 2; Thence leaving said westerly boundary S 56°06'39" E along the southwesterly boundary of said Parcel 2 a distance of 44.45 feet to a point; Thence leaving said southwesterly boundary N 0'14'19" E a distance of 184,81 feet to a point on the northerly boundary of said Parcel 2; Thence N 89°34'31" W along said northerly boundary a distance of 37.00 feet to the POINT OF BEGINNING This parcel contains 6,385 square feet (0.147 acres) and is subject to any easements existing or in use, Said parcel also contains 4,215 square feet (0,097 acres) of prescriptive Locust Grove Road right-of-way. Prepared by: Glenn K. Bennett, PLS Civil Survey Consultants, Incorporated @ a June 6, 2013 S ep 4,4 s M X ADA COUNTY RECORDER Christopher D. Rich BOISE IDAHO Pgs=4 BONNIE 2014-065515 MERIDIAN CITY 0813/2014 01:35 PM III 1111111111111111 I,NO FEE 00010988201400655150040048 MCUP-12-017 / Meridian Reservoir & Booster Pump Station 3468 S. Locust Grove, Meridian ID T 3N, R 1E, Sec 29 (Reserved for Ada County Recorder) WARRANTY DEED THIS INDENTURE, made this da of y , 2014, the CITY OF MERIDIAN an Idaho Municipal Corporation the "GRA TOR". and ADA COUNTY HIGHWAY DISTRICT, a body politic and corporate of the State of Idaho the "GRANTEE",- WITNESSETH: FOR VALUE RECEIVED, the GRANTOR has granted, , conve edbargained and sold y g and does hereby grant, bargain, sell, convey and confirm to the GRANTEE and its successors os and assigns forever, that certain real property situated in the COUNTY OF ADA STATE F IDA � O HO, more particularly described on Exhibit "A" attached hereto and by this reference made a part hereof, TOGETHER with all and singular the buildings, structures, improvements and fixtures thereto the tenements, hereditaments and appurtenances thereunto belonging or in anywise appertaining, yam' pp g, the reversion and reversions, remainder and remainders, and rents, issues and profits thereof(the«P p "Premises"). SUBJECT TO, easements of record or obvious on a physical inspection of the Premises, , any recorded reservation of oil and/or mineral rights and covenants of record. Subject to those exceptions to title to which this conveyance is expressly made sub'ect p y � and those made, suffered or done by the GRANTEE: (a) the GRANTOR covenants to the GRANTEE, its successors and assigns, that the GRANTEE shall enjoy the quiet and peaceful possession of the Premises; and (b) GRANTOR warrants to the GRANTEE, its successors and assigns, that GRANTOR is the owner of said Premises in fee simple and has the right and p g authority to convey the same to GRANTEE, and GRANTOR will defend the GRANTEE's title from all lawful claims whatsoever. Warranty Deed, page 1 (10/27/01) S:\DSREVIEW\2-Commercial\2012\Meridian\MCUP-12-017 N. Locust Grove Meridian Reservoir & Booster Station\MCUP-12-017 Warranty Deed. doc The current address of the GRANTEE is: Ada County Highway District 3 775 Adams Street Garden City, Idaho 83714-6499 IN WITNESS WHEREOF, this WARRANTY DEED has been duly executed by the GRANTOR, the day, month and year herein first above written. GRANTEE: CITY OF MERIDIAN an Idaho Municipal Corporation -EB�y: Tammyeerd Its: Mayor - - ;:: __� ¢�oyA�rE a MGUS Attested: C; 0 /9' City of E.. IDIAN, �` 1pgHp it C er EA.., TR E AS'Q�`�y STATE OF IDAHO ) )ss. County of Ada ) YAAOL4_-!�f,�C� I 1 a On this �T-''da of 2014, before me, � � , Notary Public in and fo said State, personally appeared Tammy de Weerd and ,known to me to be the Mayor and City Clerk of the City of Meridian, the municipal corporation that executed and attested the within instrument, and acknowledged to me that they executed the same, IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year first above written. .�M�••�•"� .;' e �rjj L-440 «A o * Notary PublicAor Idaho Residing at: U4 LID ��'.,` ; My commission expires:40 — -- �, ©A--__• �,, Warranty Deed, page 2 ��•m� %.11i. 0* (10/27/01)' S:\DSREVIEW\2-Commercial\2012\Meridian\MCUP-12-017 N. Locust Grove Meridian Reservoir & Booster Station\MCUP-12-017 Warranty Deed. doc EXHIBIT A-1 BOUNDARY DESCRIPTION FOR THE CITY OF MERIDIAN RIGHT-O&WAY REQUIREMENT A parcel located in the NW '/ of the NW '/4 of Section 29 To Boise Meridian, � Township 3 North, Range 1 East, n, and being a part of Parcel 2 of Record of SurveyNo. 873 1 as shown in Instrument Number 11013915 5 in the office of the Recorder, Ada Count Idaho more particularly described as follows: y' ' Commencing at a 5/8 inch diameter iron pin markingthe northwesterly the N'VV '/4 - r1y comer of said NW /4 of from which a 5/8 inch diameter iron pin markingthe southwester NW '/ of said Section 2 southwesterly cornu of the 9 bears S 0° 14' 19" W a distance of 2645.59 feet; Thence S 0'14"19" w along the westerly boundaryof said NW ' /4 of the NW /4 a distance of 791.70 feet to the northwesterly corner of said Parcel 2 and the POINT OF BEGINNING; Thence continuing S 0'14'19" W along the westerlyboundary of said ` 160.30 feet tot Y d Parcel 2 a distance of he southwesterly corner of said Parcel 2; Thence leaving said westerly boundary S 56°06'39" E alongthe southwesterly w esterly boundary of said Parcel 2 a distance of 44.45 feet to a point; Thence leaving said southwesterly boundary N 0'14'19" E a distance of 184.81 feet to a point on the northerly boundary of said Parcel 2; Thence N 89°3431" W along said northerly boundarya distance of 3 BEGINNING 7.00 feet to the POINT OF This parcel contains 6,385 square feet (0.147 acres) and is subject to an • y easements existing or In use. Said parcel also contains 4,215 square feet (0.097 acres) prescriptive of rescri tive Locust Grove Road right-of-way. Prepared by: Glenn K. Bennett, PLS " Civil Survey Consultants, Incorporated Q `= June 6, 2013 �- EXHIBIT A-2