HomeMy WebLinkAboutORD 2448BILL NO. 44
ORDINANCE NO. 2448
AN ORDINANCE FINDING AND DETERMINING THAT THE CITY OWNS
CERTAIN REAL PROPERTY IN THE VICINITY OF THE CALDWELL EVENTS
CENTER AND CANYON COUNTY FAIRGROUNDS; THAT THE CITY HAS
STATUTORY AUTHORITY TO MANAGE ITS REAL PROPERTY IN THE PUBLIC
INTEREST; THAT SAID PROPERTY IS UNDERUTILIZED IN ITS CURRENT
CONDITION; THAT THE CITY COUNCIL HAS DECLARED ITS INTENT TO
TRANSFER SAID PROPERTY TO CANYON COUNTY; THAT A PUBLIC HEARING
WAS DULY NOTICED AND HELD REGARDING THE PROPOSED TRANSFER;
AUTHORIZING THE TRANSFER OF THE SUBJECT PROPERTY TO CANYON
COUNTY; AUTHORIZING THE MAYOR TO EXECUTE A WARRANTY DEED;
REPEALING ALL ORDINANCES, RESOLUTIONS OR PARTS THEREOF IN
CONFLICT HEREWITH; AND ESTABLISHING AN EFFECTIVE DATE.
BE IT ORDAINED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF
CALDWELL, CANYON COUNTY, IDAHO:
Section 1: That the City of Caldwell, an Idaho municipal corporation, owns that certain real
property, hereinafter referred to as the "Subject Property" lying within the corporate city limits in
the vicinity of the Caldwell Events Center and the Canyon County Fairgrounds. The Subject
Property is more specifically described as follows:
All distances and bearings, included in below descriptions, based on Records of
Survey Instrument Number 200148496.
A portion of the North half of the Southwest quarter of Section 26, Township 4
North, Range 3 West, Boise Meridian, Canyon County, Idaho, more particularly
described as follows:
COMMENCING at the Southeast corner of the Northwest quarter of the
Southwest quarter (Southwest 1116 Corner) thence
North 00 1 27'21" East following the East boundary of the said Northeast
Quarter of the Southwest Quarter a distance of 32.73 feet to a point on the
northwest edge of right -of -way of South Georgia Avenue extended also known as
the TRUE POINT OF BEGINNING; thence
South 43 °53'40" West following the Northwest boundary of South
Georgia Avenue a distance of 48.26 feet; thence
North 46 °12'34" West a distance of 545.79 feet; thence
South 43 °53'40" West a distance of 105.00 feet; thence
North 46 °12'34" West along a distance of 300.00 feet; thence
North 43 °53'40" East a distance of 694.67' to a point on the Southwest
right-of-way of Stock Trial Road; thence
South 46 °14'45" East following southerly right -of -way of Stock Trail
Road a distance of 710.04 feet; thence
Southeasterly, a distance of 207.21 feet along the arc of a curve to the
right having a radius of 132.00 feet, a central angle of 89 °56'37" and a long chord
which bears South 01 °17'35" East, a distance of 186.58 feet; thence
South 43 °25'18" West following the Northwest boundary of South
Georgia Avenue a distance of 410.13 to the TRUE POINT OF BEGINNING;
Said parcel contains 12.06 acres more or less. This property is subject to all
rights -of -way of record or implied.
Section 2: Pursuant to Idaho Code §50 -1401 et. seq., the Caldwell City Council has the general
authority to manage its real property in ways which the judgment of the City Council deems to
be in the public interest. Such authority includes the authority to transfer or convey real property
which is underutilized to any tax supported governmental unit with or without consideration.
Section 3: The Subject Property is currently not utilized to its full potential and is therefore
found to be underutilized within the meaning of Idaho Code §50 -1401.
Section 4: The County of Canyon, an Idaho political subdivision, is a tax supported
governmental unit within the meaning of Idaho Code §50- 1403(4).
Section 5: At the regularly scheduled meeting of the Caldwell City Council on October 21,
2002, the City Council declared its intent to transfer the Subject Property to Canyon County in
furtherance of the Joint Exercise of Power Agreement entered into between the City and Canyon
County on or about July 15, 2002. At that meeting, an explanation of the intended conveyance
and the consideration to be received by the City of Caldwell was explained to the public.
Section 6: Following the declaration of intent, a notice of public hearing complying with Idaho
Code §50 -1402 was published in the official newspaper of the City on November 2, 2002, more
than fourteen (14) days prior to the public hearing.
Section 7: At the regularly scheduled City Council meeting on November 18, 2002, a public
hearing was held regarding the proposed transfer of the Subject Property in compliance with all
applicable Idaho Code requirements and requirements of City ordinances.
Section 8: Based upon the foregoing, and deeming the foregoing to be both findings of fact and
conclusions of law supporting this ordinance, the City Council hereby authorizes transfer of the
Subject Property to Canyon County by execution of the Warranty Deed attached hereto and
incorporated herein by this reference. Specifically, said transfer shall be subject to the following
conditions:
1) The premises shall be used for the County Fair site and other public purposes and
uses.
2) A building or other significant improvement on the premises shall bear the name of
The Griffiths Family.
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