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0501 Intent to Sell City Property - Hiline Heights Lot 10/ 19980 0 CITY OF CHUBBUCK, IDAHO ORDINANCE NO. 501 AN ORDINANCE OF THE CITY OF CHUBBUCK, IDAHO, EXPRESSING AN INTENT TO SELL, CONVEY OR EXCHANGE TWO SEPARATELY DESCRIBED REAL PROPERTY OWNED BY THE CITY; AUTHORIZING A SALE FOR CASH OR TERMS OF SAID PARCEL BY PUBLIC AUCTION TO THE HIGHEST BIDDERS FOR AMOUNTS EQUALING OR EXCEEDING THE APPRAISALS; RESERVING TO THE CITY THE RIGHT TO REJECT ANY OR ALL BIDS ON ANY PARCEL; PROHIBITING SUCH SALE FROM OCCURRING UNTIL SIXTY DAYS HAVE EXPIRED FROM THE DATE OF PASSAGE OF THIS ORDINANCE AND A PUBLIC HEARING HAS BEEN HELD DURING THAT PERIOD; PROVIDING THAT PROCEEDS FROM SALES SHALL BE USED TO DISCHARGE CITY INDEBTEDNESS OR FOR PUBLIC IMPROVEMENTS; PROVIDING THAT IF THE PROPERTY IS NOT SOLD AT PUBLIC ACTION, THE SAME MAY BE EXCHANGED FOR OTHER PROPERTY WITHOUT FURTHER NOTICE OR AUCTION; AND REPEALING PRIOR CONFLICTING ORDINANCES; PROVIDING FOR THE SEVERABILITY OF THE PROVISIONS OF THIS ORDINANCE; AND PROVIDING WHEN THIS ORDINANCE SHALL BECOME EFFECTIVE. BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE CITY OF CHUBBUCK, IDAHO: Section 1. Declaration of Intent. The Mayor and Council of the City of Chubbuck, Idaho do hereby declare their intent, pursuant to Idaho Code Sections 50-1401 and 50-1403, to sell, convey or exchange the following described real property, together with improvements and appurtenances, located in Bannock County, Idaho. Parcel 1 - See Exhibit "A." Parcel 2 - See Exhibit `B." Section 2. Appraisals. Each parcel been appraised for $1,500.00. Said real property is owned by the City but is not used or has ceased to be used for public purposes. ORDINANCE - Page 1 dsc chbbck11.201 0 Section 3. Authorization of Sale. The City Clerk shall cause to be published in the Idaho State Journal, the official newspaper of the city, a "Notice of Sale at Public Auction," describing each parcel in question, specifying its appraised value as the minimum acceptable bid, stating that said realty will be sold for cash or terms to the highest bidder, indicating how the highest bid will be awarded, and reserving to the city the right to reject any and all bids. Section 4. Interim Period and Hearing. Notwithstanding the foregoing provisions, the sale of each parcel shall not occur until at least sixty days have expired from the date of passage of this ordinance, to provide time for the filing of petitions in opposition, if any, as prescribed by Idaho Code § 50-1403. On the 9' day of February, 1999, at 7:45 p.m., at the Chubbuck City Offices, 5160 Yellowstone, the City Council shall hold a public hearing on the proposed sale. Publication of this ordinance shall constitute notice of the hearing. Section 5. Proceeds of Sale. Proceeds from the sale of each parcel shall be used to pay the indebtedness existing against the city or for needed public improvements, as authorized by Idaho Code. Section 6. Exchange of Sale Following Public Auction. If a parcel is not sold at the public auction provided for in Section 3, the Mayor and Council may, without further notice or action, exchange all or part of a parcel for other property pursuant to the provisions of Idaho Code § 50-1405; provided the Council finds, pursuant to Idaho Code § 50-1404 that the consideration received by the City in exchange is adequate. If no bids are received, the City ORDINANCE - Page 2 dsc chbbck11.201 LEGAL DESCRIPTION FOR CITY OF CHUBBUCK (PARCEL NORTH OF ROAD, LOT 10) Part of Lot 10, Block 1 of Hiline Heights Subdivision to the City of Chubbuck, Bannock County, Idaho, Section 11, Township 6 South, Range 34 East of the Boise Meridian described as follows: Beginning at the Northeast corner of Lot 10, Block 1 of said Hiline Heights Subdivision and running thence S.00°06'57"W. 1.87 feet along the lot line to a point on a curve 1.00 feet behind existing curb and gutter; thence along a line parallel with and 1.00 feet perpendicular to the existing back of curb the following four (4) courses: (1) southwesterly 21.12 feet along said curve to the left, Curve Data: Delta = 11 °39'25", Radius = 103.82 feet, Chord bearing = S.73 °54'15"W. 21.09 feet to a point of reverse curve; thence (2) southwesterly 67.79 feet along said curve to the right, Curve Data: Delta = 21°41'58", Radius = 179.00 feet, Chord bearing = S.78°55'31"W. 67.39 feet; thence (3) S.89046'30"W. 72.89 feet to a point of curve; thence (4) northwesterly 17.51 feet along said curve to the right, Curve Data: Delta = 48056'27", Radius = 20.50 feet, Chord bearing = N.65'39'21 "W. 16.98 feet to the West line of Lot 10, Block 1 of said Hiline Heights Subdivision; thence N.04014'33"W. 14.29 feet along said West line to the Northwest corner of said Lot 10; thence S.89054'06"E. 175.82 feet along the North line of said Lot 10 to the point of beginning. Parcel contains 3,013 square feet. Exhibit "A" LEGAL DESCRIPTION FOR CITY OF CH JBBUCK (PARCEL SOUTH OF ROAD, LOT 10) Part of Lot 10, Block 1 of Hiline Heights Subdivision to the City of Chubbuck, Bannock County, Idaho, Section 11, Township 6 South, Range 34 East of the Boise Meridian described as follows: Beginning at a point that is S.00°06'57"W. 30.99 feet along the lot line from the Northeast corner of Lot 10, Block 1 of said Hiline Heights Subdivision and running thence along the boundary of said Lot 10 the following three (3) courses: (1) S.00°067"W. 39.01 feet; thence (2) N.89°54'04"W. 170.48 feet; thence N.04 ° 14'33 "W. 15.78 feet to a point on a curve 1.00 feet behind existing curb and gutter; thence along a line parallel with and 1.00 feet perpendicular to the existing back of curb the following four (4) courses: (1) northeasterly 14.06 feet along said curve to the right, Curve Data: Delta = 50°21'31", Radius = 16.00 feet, Chord bearing = N.64°29'32"E. 13.62 feet; thence (2) N.89°40'18"E. 84.16 feet to a point of curve; thence (3) northdasterly 4 7.3 2 feet along said curve to the left, Curve Data: Delta = 18 '5 T2 8 ", Radius =143.00 feet, Chord bearing = N.80 ° 11'34"E. 47.10 feet to a point of reverse curve; thence (4) northeasterly 30.14 feet along said curve to the right, Curve Data: Delta = 5 ° 19'16", Radius = 3 24.5 0 feet, Chord bearing = N.73 °22'28"E. 30.13 feet to the point of beginning. Parcel contains 4,245 square feet. Exhibit "B" _ Ll Council shall have authority to sell a parcel as it deems in the best interest of the City, pursuant to the provisions of Idaho Code § 50-1404. ADMINISTRATIVE PROVISIONS Section 1. Repeal of Conflicting Ordinances. The provisions of any Ordinance of the City of Chubbuck, Idaho, and any provision of the Chubbuck Municipal Code which are in conflict with the provisions of this Ordinance are hereby repealed to the extent of such conflict. Section 2. Severability. If any provision of this ordinance is held invalid, for any reason, by any court of competent jurisdiction, such holding shall not affect the validity or enforceability of any of the remaining provisions. Section 3. Effective Date. The rule requiring an ordinance to be read on three separate days, one of which shall be a reading in full, is hereby dispensed with, and this Ordinance shall become effective upon its passage, approval and publication as provided by law. PASSED BY THE COUNCIL AND APPROVED BY THE MAYOR OF THE CITY OF CHUBBUCK, IDAHO, this 24th • day of November, 1998 AYOR ATTEST: CITY CLERK ORDINANCE - Page 3 dsc chbbck11.201