HomeMy WebLinkAboutORD 13310
U
BILL NO.
ORDINANCE NO. 1331
BY Councilman McCluakey . .
AN ORDINANCE OF THE CITY OF CALDWELL, A MUNICIPAL CORPORATION
OF IDAHO, DECLARING THE INTENT TO EXCHANGE THE FOLLOWING DE-
SCRIBED REAL PROPERTY TO SCHOOL DISTRICT NO. 132, CALDWELL,
CANYON COUNTY, IDAHO, SAID PROPERTY BEING OWNED BY THE CITY:
CkLDWELL PUBLIC LIBRARY SITE
Lots 19, 20, 21, 22, 23, and 24 of Block 24 of
Dorman's Addition to Caldwell, Idaho.
LUBY PARK
Beginning at the Northwest corner of the Northeast
Quarter of the Northeast Quarter of Section 22,
Township 4 North, Range 3 West of the Boise Meridian;
thence South along the West line of the Northeast
Quarter of the Northeast Quarter of said Section 22,
347.75 feet; thence North 89 1 26'45" East 40.00 feet
to the TRUE POINT OF BEGINNING; thence North 89 0 26'45"
East, 668.60 feet; thence South 8 °33'15" East, 200
feet more or less to the Northwesterly right -of -way
line of North Kimball Avenue extended; thence South-
westerly along the Northwesterly right -of -way line
of Kimball Avenue extended to the East corner of
vacated Block 72 of Dever's Addition to the City of
Caldwell, Idaho; thence Southeasterly to the East corner
of Lot 10 of Block 69 of said Dever's Addition; thence
Southwesterly to a point in the Southeasterly line of
Lot 15 of said Block 69, which is 64 feet Southwesterly
of the East corner of said Lot 15; thence Westerly to
the point of intersection of the Northwesterly line of
Lot 14 of vacated Block 73 of said Dever's Addition and
a line 40.00 feet East and parallel with the West line
of the Northeast Quarter of the Northeast Quarter of
said Section 22 (said West line being the centerline
of North Illinois Avenue); thence North on a line 40.00
feet East and parallel with the West line of the
Northeast Quarter of the Northeast Quarter of said
Section 22, to the TRUE POINT OF BEGINNING.
Subject to verification of the line along the north
side of Marble Front Road before any conveyance is
made.
-1-
f F
u
r
to
AN ORDINANCE OF THE CITY OF CALDWELL, A MUNICIPAL CORPORATION
OF IDAHO, DECLARING THE INTENT TO EXCHANGE THE FOLLOWING DE-
SCRIBED REAL PROPERTY TO SCHOOL DISTRICT NO. 132, CALDWELL,
CANYON COUNTY, IDAHO, SAID PROPERTY BEING OWNED BY THE CITY:
CkLDWELL PUBLIC LIBRARY SITE
Lots 19, 20, 21, 22, 23, and 24 of Block 24 of
Dorman's Addition to Caldwell, Idaho.
LUBY PARK
Beginning at the Northwest corner of the Northeast
Quarter of the Northeast Quarter of Section 22,
Township 4 North, Range 3 West of the Boise Meridian;
thence South along the West line of the Northeast
Quarter of the Northeast Quarter of said Section 22,
347.75 feet; thence North 89 1 26'45" East 40.00 feet
to the TRUE POINT OF BEGINNING; thence North 89 0 26'45"
East, 668.60 feet; thence South 8 °33'15" East, 200
feet more or less to the Northwesterly right -of -way
line of North Kimball Avenue extended; thence South-
westerly along the Northwesterly right -of -way line
of Kimball Avenue extended to the East corner of
vacated Block 72 of Dever's Addition to the City of
Caldwell, Idaho; thence Southeasterly to the East corner
of Lot 10 of Block 69 of said Dever's Addition; thence
Southwesterly to a point in the Southeasterly line of
Lot 15 of said Block 69, which is 64 feet Southwesterly
of the East corner of said Lot 15; thence Westerly to
the point of intersection of the Northwesterly line of
Lot 14 of vacated Block 73 of said Dever's Addition and
a line 40.00 feet East and parallel with the West line
of the Northeast Quarter of the Northeast Quarter of
said Section 22 (said West line being the centerline
of North Illinois Avenue); thence North on a line 40.00
feet East and parallel with the West line of the
Northeast Quarter of the Northeast Quarter of said
Section 22, to the TRUE POINT OF BEGINNING.
Subject to verification of the line along the north
side of Marble Front Road before any conveyance is
made.
-1-
i
•
PROVIDING THAT SAID REAL PROPERTY SHALL BE EXCHANGED FOR PROP-
ERTY OWNED BY SCHOOL DISTRICT NO. 132, CALDWELL, CANYON COUNTY,
IDAHO, WHICH SAID REAL PROPERTY IS DESCRIBED AS FOLLOWS:
JEFFERSON SCHOOL PROPERTY
Property between Dearborn Street and Everett Street
described as follows:
(a) In Fair Acres to Caldwell, Idaho
All of Block 17
Part of Block 18 as follows:
Commencing at the Southerly corner of Block 18;
thence Northeasterly along the Southeasterly line
of Block 18, 128 feet; thence Northwesterly and
parallel with the Southwesterly line of Block 18,
200 feet; thence Southwesterly and parallel with
the Southeasterly line of Block 18, 128 feet to
the Southwesterly line of Block 18; thence South-
easterly along the Southwesterly line of Block 18,
200 feet to the Point of Beginning.
(b) In Dorman's Addition to Caldwell, Idaho, and in
Block 18 Fair Acres of Dorman's Addition
All of Block 35
All of Block 36 of Dorman's Addition and part of
Block 18 of Fair Acres, described as follows:
Commencing at the Easterly corner of Block 36 of
Dorman's Addition; thence Northwesterly along the
Northeasterly line of Block 36 of Dorman's Addition
and the Northeasterly line of Block 18 of Fair Acres,
225 feet; thence Southwesterly and parallel with the
Southeasterly line and the Southeasterly line extended
of Block 36 of Dorman's Addition, 128 feet; thence
Southeasterly and parallel with the Northeasterly line
of Block 18 of Fair Acres and the Northeasterly line
of Block 36 of Dorman's Addition, 225 feet to the
Southeasterly line extended of Block 36 of Dorman's
Addition; thence Northeasterly along the Southeasterly
line extended and the Southeasterly line of Block 36
of Dorman's Addition, 128 feet to the Point of
Beginning.
(c) Vacated Eleventh Avenue from the Northeasterly line
of Everett Street to the Southwesterly line of
Dearborn Street.
Property between Everett Street and Grant Street and
Northwest of Twelfth Avenue:
(a) In Fair Acres to Caldwell, Idaho
All of Block 16
All of Block 13
(b) In Dorman's Addition to Caldwell, Idaho
All of Block 37
(c) Vacated Fillmore Street from the Northwesterly line
of Twelfth Avenue to the Southeasterly line of Eleventh
Avenue.
PROVIDING THAT THE CONSIDERATION RECEIVED BY THE CITY OF CALDWELL
IS ADEQUATE; PROVIDING THAT SAID EXCHANGE IS IN THE BEST INTERESTS
OF THE CITY OF CALDWELL; PROVIDING THAT A PUBLIC HEARING SHALL
BE HELD ON SAID PROPOSED EXCHANGE; PROVIDING THAT NO EXCHANGE
SHALL OCCUR UNTIL AT LEAST SIXTY (60) DAYS HAVE EXPIRED FROM
DATE OF PASSAGE AND APPROVAL OF THIS ORDINANCE; PROVIDING THAT
SAID EXCHANGE SHALL BE SUBJECT TO CERTAIN TERMS AND CONDITIONS;
PROVIDING NOTICE OF PUBLIC HEARING SHALL BE PUBLISHED; PROVIDING
FOR THIS ORDINANCE TO TAKE EFFECT AFTER ITS PASSAGE, APPROVAL
AND PUBLICATION ACCORDING TO LAW.
NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND
CITY COUNCIL OF THE CITY OF CALDWELL, A MUNICIPAL CORPORATION
OF IDAHO, AS FOLLOWS:
SECTION l: Be it ordained that the City Council has
determined on good cause that it is in the best interests of
the City of Caldwell to exchange the following described real
property for property owned by School District No. 132,
Caldwell, Canyon County, Idaho; that the consideration for
said exchange is adequate and further hereby declaring the
intent to exchange said property as hereinafter set forth:
EA LL PUBLIC LIBRARY SITE
Lots 19, 20, 21, 22, 23, and 24 of Block 24 of
Dorman's Addition to Caldwell, Idaho.
-3-
LUBY PARK
Beginning at the Northwest corner of the Northeast
Quarter of the Northeast Quarter of Section 22,
Township 4 North, Range 3 West of the Boise Meridian;
thence South along the West line of the Northeast
Quarter of the Northeast Quarter of said Section 22,
347.75 feet; thence North 89 0 26'45 1 ° East 40.00 feet
to the TRUE POINT OF BEGINNING; thence North 89 0 26 1 45"
East, 668.60 feet; thence South 8 °33!15" East, 200
feet more or less to the Northwesterly right -of -way
line of North Kimball Avenue extended;,thence South-
westerly along the Northwesterly right -of -way line
of Kimball Avenue extended to the East corner of
vacated Block 72 of Dever's Addition to the City of
Caldwell, Idaho; thence Southeasterly to the East
corner of Lot 10 of Block 69 of said Dever's Addition;
thence Southwesterly to a point in the Southeasterly
line of Lot 15 of said Block 69, which is 64 feet South-
westerly of the East corner of said Lot 15; thence West-
erly to the point of intersection of the Northwesterly
line of Lot 14 of vacated Block 73 of said Dever's Addition
and a line 40.00 feet East and parallel with the West line
of the Northeast Quarter of the Northeast Quarter of
said Section 22 (said West line being the centerline
of North Illinois Avenue); thence North on a line 40.00
feet East and parallel with the West line of the
Northeast Quarter of the Northeast Quarter of said
Section 22, to the TRUE POINT OF BEGINNING.
Subject to verification of the line along the north
side of Marble Front Road before any conveyance is
made.
That the consideration for said exchange is the following
described property owned by School District No. 132, Caldwell,
Canyon County, Idaho:
JEFFERSON SCHOOL PROPERTY
Property between Dearborn Street and Everett Street
described as follows:
(a) In Fair Acres to Caldwell, Idaho
All of Block 17
Part of Block 18 as follows:
-4-
•
IM
•
Commencing at the Southerly corner of Block 18;
thence Northeasterly along the Southeasterly line
of Block 18, 128 feet; thence Northwesterly and
parallel with the Southwesterly line of Block 18,
200 feet; thence Southwesterly and parallel with
the Southeasterly line of Block 18, 128 feet to
the Southwesterly line of Block 18; thence South-
easterly along the Southwesterly line of Block 18,
200 feet to the Point of Beginning.
In Dorman's Addition to Caldwell, Idaho, and in
Block 18 Fair Acres of Dorman's Addition
All of Block 35
All of Block 36 of Dorman's Addition and part of
Block 18 of Fair Acres, described as follows:
Commencing at the Easterly corner of Block 36 of
Dorman's Addition; thence Northwesterly along the
Northeasterly line of Block 36 of Dorman's Addition
and the Northeasterly line of Block 18 of Fair Acres,
225 feet; thence Southwesterly and parallel with the
Southeasterly line and the Southeasterly line extended
of Block 36 of Dorman's Addition, 128 feet; thence
Southeasterly and parallel with the Northeasterly line
of Block 18 of Fair Acres and the Northeasterly line
of Block 36 of Dorman's Addition, 225 feet to the
Southeasterly line extended of Block 36 of Dorman's
Addition; thence Northeasterly along the Southeasterly
line extended and the Southeasterly line of Block 36
of Dorman's Addition, 128 feet to the Point of
Beginning
(c) Vacated Eleventh Avenue from the Northeasterly line
of Everett Street to the Southwesterly line of
Dearborn Street.
Property between Everett Street and Grant Street and
Northwest of Twelfth Avenue:
(a) In Fair Acres to Caldwell, Idaho
All of Block 16
All of Block 13
(b) In Dorman's Addition to Caldwell, Idaho
All of Block 37
(c) Vacated Fillmore Street from the Northwesterly line
of Twelfth Avenue to the Southeasterly line of Eleventh
Avenue.
-5-
SECTION 2: That the consideration for said exchange
is adequate and that said exchange is in the best interests of
the City of Caldwell.
SECTION 3: Be it further ordained that a public
hearing be held before the City Council more than sixty (60)
days from the date of adoption and approval of this ordinance
and that notice thereof be given.
SECTION 4: That the exchange be under the following
terms and conditions:
I
(a) The School District would convey to the City
all of its right, title and interest in that certain real
property upon which the present Jefferson Junior High School
is situated, bounded by Dearborn, 12th, Everett and 10th
Streets, excluding that portion owned by the State of Idaho,
and the Northwesterly corner thereof under private ownership.
(b) The District reserves the right to use its
maintenance shop building on said property at its present site
until June 1, 1975; the building to remain the property of the
District, and the District agrees to provide for the moving of
the said building shortly after the first day of June, 1975, to
a new location.
(c) The District also reserves the right to use the
classrooms, gymnasium and auditorium situated on the said real
M
property for a period up to five years at an annual rental of
$1.00 per year from the date of exchange. The District shall
be responsible, during that period of time, to keep the buildings
insured and to provide maintenance of the buildings. Thereafter,
if the buildings are still in existence and have not been demol-
ished by the City, the District shall be entitled to the use of
the said buildings when the occasion demands without payment of
rental. The District will pay a reasonable fee for the janitorial
clean -up and utilities for each use made of the buildings. The
District further grants the City the use of the said buildings
on the same basis for the intial five years from the date of the
exchange of properties. District reserves furniture and fix-
tures.
II
The District will convey to the City all of its right,
title and interest in the District's property between Everett
and Grant Streets lying to the north and west of 12th Streets.
III
(a) The City, in consideration of the property conveyed
by the District as set forth above, would convey to the District
approximately 10 acres of ground known as Luby Field, excluding
therefrom that portion of the real property known as The Rose
Gardens. The Rose Gardens exclusion is that area which the
parties have agreed upon in their negotiations. Provided further,
that in the event the District should decide to lease the above
set forth property, known as Luby Field, to a third party for
non - school or school related activities, then and in that event,
-7-
the City shall have the first right of refusal and option to
lease said properties.
(b) The City reserves the right to use Luby Field at
an annual rental of $1.00 per year for a term of five years
from the date of the exchange, during which period of time
the City will provide for insurance and maintain the premises.
IV
The City acknowledges that it has prepared the plans
and specifications for the water and sewer lines to the District's
new Junior High School south of the City, and the City is aware
of the contract which was awarded for the construction of the
same, and agrees to absorb all of the costs of the District in
reference to the said contract, and to the installation of the
water line.
V
The City will convey all of its right, title and
interest in that certain real property known as the Caldwell
Public Library, including all adjacent lots owned by the said
City in said block situated on the Southwest corner of Block
24 of Dorman's Addition.
(a) The City shall be entitled to possession and use
of the said C&Idw@U Public Library until completion of the new
library on the Jefferson Junior High School site within a
reasonable time after June of 1975 not to exceed a period of
M
24 months. During the time the City continues to use and occupy
the building, it will provide for insurance and maintain the
premises. Upon completion of the new library, the District will
be entitled to immediate possession of the G&IdwGU Public
Library property.
(b) The City has also advised the District that the
City plans to develop a new city park on city property in the
area of 3rd and Madison Streets, Caldwell, Idaho.
VI
The District and City agree to provide proper notifi-
cation to the insurance companies carrying the insurance
coverage on the various properties, including but not limited
to the fire and public liability, that the other governmental
agency should be named as the insured in the policy by virtue
of the terms of the exchange of properties, and it is antici-
pated that such additional insured can be named without additional
costs to the governmental unit obligated to pay the premium on
the policies of insurance.
SECTION 5: Be it further ordained that this ordinance
shall be full force and effect from and after it passage,
approval and publication according to law.
PASSED BY THE CITY COUNCIL Of the City of Caldwell,
this day of Jd 1 Y , 1974.
APPROVED BY THE MAYOR Of the City of Caldwell, this
16thday of July, 1974.
ATTEST:
City Clerk
Mayor