HomeMy WebLinkAboutORD 24620d ,
BILL NO. 9
ORDINANCE NO. 2462
AN ORDINANCE FINDING AND DETERMINING THAT THE CITY OWNS
CERTAIN REAL PROPERTY IN THE VICINITY OF JOHNSON STREET AND
AIRPORT AVENUE; 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 EXCHANGE SAID PROPERTY WITH
ADJACENT REAL PROPERTY OWNED BY P.R. MAC, A PARTNERSHIP; THAT A
PUBLIC HEARING WAS DULY NOTICED AND HELD REGARDING THE
PROPOSED EXCHANGE; AUTHORIZING THE EXCHANGE OF THE SUBJECT
PROPERTIES; AUTHORIZING THE MAYOR TO EXECUTE A WARRANTY DEED;
AUTHORIZING ACCEPTANCE OF A DEED FROM P.R. MAC; 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 "City Property" lying within the corporate city limits
northeasterly the vicinity of Johnson Street and Airport Avenue. The City Property is more
specifically described as follows:
See Exhibit "A" attached hereto and incorporated herein by this reference.
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 exchange, transfer or
convey real property that is underutilized.
Section 3: The City 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: P.R. Mac, a partnership involving Patricia S. McGarvin and Robert H. McGarvin
1I, owns that certain real property, hereinafter referred to as the "McGarvin Property" lying
within the corporate city limits in the vicinity of Johnson Street and Airport Avenue. The
McGarvin Property is more specifically described as follows:
See Exhibit "B" attached hereto and incorporated herein by this reference.
Section 5: At the regularly scheduled meeting of the Caldwell City Council on February 17,
2003, the City Council declared its intent to exchange the City Property for the McGarvin
Property. At that meeting, an explanation of the intended exchange and the consideration to be
received by the City of Caldwell was explained to the public. There was no opposition to the
proposed exchange at that time.
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 March 2, 2003, more than
fourteen (14) days prior to the public hearing.
Section 7: At the regularly scheduled City Council meeting on March 17, 2003, a public hearing
was opened and continued form time to time until July 21, 2003 at 7:00 p.m. at which time the
City Council conducted the hearing regarding the proposed transfer of the Subject Property in
compliance with all applicable Idaho Code requirements and requirements of City ordinances.
Section 8: It is anticipated at this time that the City will develop the property transferred to it
under the terms of this exchange into a "greenbelt" walking path at some future date. As part of
the development of the greenbelt, City will, at City's own cost and expense construct a fence
along the property -line established by this exchange.
Section 9: 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 exchange of the
City Property for the McGarvin Property by the Mayor's execution of the Warranty Deed
attached hereto as Exhibit "C" and incorporated herein by this reference. The City Council
hereby accepts in dedication the McGarvin Property as set forth in the Warranty Deed attached
hereto as Exhibit "D" and incorporated herein by this reference.
Section 10: The Mayor is authorized to execute the original of the Warranty Deed attached
hereto as Exhibit "C" and deliver the same to P.R. Mac in exchange for, and upon receipt of, the
duly executed Warranty Deed attached hereto as Exhibit "D ".
Section 11: All ordinances, resolutions, orders or parts thereof in conflict herewith are hereby
repealed, rescinded and annulled.
Section 12: This ordinance shall be in full force and effect from and after its passage and
approval according to law.
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Exhibit "B"
The following described premises is a portion of the property described by Instrument
No. 8612398 located in Section 21, Township 4 North, Range 3
West, more particularly described as follows:
Commencing at a found 3" brass cap at the Central quarter corner of Section 21,
Township 4 North, Range 3 West, Boise Meridian, Canyon County, Idaho; thence
North 00 East a distance of 1325.00 feet to the a found 1 ' / a" aluminum cap at the
North Central 1 /16 corner of Section 21, Township 4 North, Range 3 West; thence
North 00 °20'02" East a distance of 160.00 feet to a point on the original boundary line;
thence
South 89 °57' 19" East a distance of 27.19 to the REAL POINT OF BEGINNING, a point
on the Southwest corner of said property; thence
North 39 East a distance of 98.07 feet to a point on the Northeast boundary of
said property and a point on a curve; thence
Southeasterly, a distance of 20.78 feet along said curve to the left having a radius of
220.00 feet, a chord bearing of South 35° 05'39" East a distance of 20.77 feet; thence
leaving said curve
South 39° 16' 12" West a distance of 76.19 feet to a point on the South boundary of said
property; thence
North 89'57'19" West along the south boundary line of said property a distance of 25.82
feet to the REAL POINT OF BEGINNING
Said legal description is based on a Record of Survey, Instrument No. 200336016,
dated June 12, 2003.
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