HomeMy WebLinkAboutACHD Real Property TransferINTERAGENCY AGREEMENT FOR REAL PROPERTY TRANSFER
This Agreement for Real Property Transfer ("Agreement") is made this day
of � , 2016, between the City of Meridian (hereinafter "City") and Ada
County Highway District (hereinafter "ACHD"), both parties being bodies politic and
corporate of the State of Idaho.
WITNESSETH
Section 1. Recitals
WHEREAS, City is a duly formed and existing city pursuant to the laws and
Constitution of the State of Idaho; and
WHEREAS, ACHD is a single County -wide highway district organized and
existing under the laws of the State of Idaho, with the jurisdiction and authority over all
highways in Ada County, Idaho, except for State highways and freeways; and
WHEREAS, The Joint Project Interagency Agreement ("MSCII Joint Agreement")
dated June 27, 2012, between ACHD, Meridian and MDC for the Meridian Split Corridor
Phase Two Project ("Project") referred to the parcel of real property at the southeast
corner of the intersection of Main Street and Fairview ("Parcel 162") and with regard to
Parcel 162, the Agreement provided that upon completion of the Project, the ACHD
Commission would consider the vacation and abandonment of Parcel 162 and if so
vacated and abandoned, ACHD would convey Parcel 162 to the City of Meridian as
surplus property without receipt of compensation. The Project is complete and City has
expressed its desire to receive Parcel 162 from ACHD as described in the attached
INTERAGENCY AGREEMENT FOR REAL PROPETY TRANSFER - 1
Exhibit "A" without payment of financial consideration per the MSCII Joint Agreement
and also per the Agreement for Waiver of Costs and Fees between City and ACHD
dated June 9, 2010 ("Cost & Fee Waiver Agreement"); and
WHEREAS, ACHD is willing to transfer Parcel 162 to the City without receipt of
financial consideration per the Joint MSCII Agreement and also per the Cost & Fee
Waiver Agreement; and
WHEREAS, Idaho Code § 50-301 authorizes the City to acquire real property in
the name of the City; and
WHEREAS, Idaho Code § 67-2322 authorizes ACHD to transfer or convey real
property to the City without receipt of financial consideration if it is in the best interest of
the public; and
WHEREAS, Idaho Code § 67-2323 requires that prior to any conveyance of
property, a written agreement shall be made; and
WHEREAS, both City and ACHD desire to enter into such an agreement for the
transfer of Parcel 162 to City by ACRD.
NOW THEREFORE, in consideration of the premises, mutual covenants and
agreements herein contained, and in consideration of the MSCII Joint Agreement and
the Fee Waiver Agreement, the parties hereto agree as follows:
Section 2. General Provisions
A. ACHD agrees to transfer to City, Parcel 162 (the "Property"), which is
described in Exhibit "A" without receipt of financial consideration, by execution of a
Quitclaim Deed, a copy of which is attached hereto as Exhibit "B".
INTERAGENCY AGREEMENT FOR REAL PROPETY TRANSFER - 2
� I 1
B. City agrees to accept the transfer of the Property described in Exhibit "A"
from ACHD without payment of financial consideration.
C. City and ACHD agree that the Property is transferred "AS IS" and that
ACHD does not in any way give any warranties express or implied relating to the
Property.
D. ACHD shall publish Notice of the general terms of this Agreement a
minimum of two (2) times in a newspaper of general circulation in the Idaho Statesman
in accordance with Idaho Code § 67-2323, and such Notice shall give the time and
place of the next regular or special meeting of each respective unit at which time the
governing board of such unit proposes to consider this Agreement.
E. Pursuant to Idaho Code § 67-2324, the transfer is contingent upon both
the City and ACHD's governing boards' approval of the terms of this Agreement by two
thirds vote of their members.
IN WITNESS WHEREOF, the undersigned have caused this Agreement to be executed
the day, month and year first set forth above
A
ATTE T:
C.Jay Cokj, Meridian City Clerk
CITY OF
Tammy dP� rd, Mayor
INTERAGENCY AGREEMENT FOR REAL PROPETY TRANSFER - 3
ADA COUNTY HIGHWAY DISTRICT
ATTEST:
7
Bru 1�1�on�, it or
INTERAGENCY AGREEMENT FOR REAL PROPETY TRANSFER - 4
Exhibit "A"
Vacation to City of Meridian
A parcel of land situated in Government Lot 4 of Section 7, Township 3 North, Range I East, Boise
Meridian, Ada County, Idaho, More particularly described as follows:
COMMENCING at a brass cap monument marking the northwest corner of Government Lot 4 of said
Section 7 from which a brass cap monument marking the northeast corner of Government Lot 3 of said
Section 7 bears N 89°35'34" E a distance of 2404.56 feet;
Thence along the north line of said Government Lot 7, N 89°35'34" E a distance of 749.12 feet to a
point;
Thence leaving said north line, S 1024'26" E a distance of 62.00 feet to a'/z inch rebar on the northerly
boundary of the parcel shown on Record of Survey Number 793 filed as Instrument Number 8548978,
Official Records, Ada County, which depicts the Idaho State Highway System land no longer needed and
abandoned to the adjacent owner described in the Official Minutes of the Idaho Transportation Board
recorded as Instrument Number 8239581, Official Records, Ada County, Idaho, said point being the
POINT OF BEGINNING.
Thence along a line parallel with and measuring 62.00 feet south of the north line of said Government Lot
4, S 88°35'34" W a distance of 165.30 feet to a 5/8 inch rebar;
Thence S 45°33'29" W a distance of 21.57 feet to a 5/8 inch rebar;
Thence S 00'09'17" E a distance of 15.89 feet to a 5/8 inch rebar;
Thence S 88'15'16" W a distance of 4.56 feet to a 5/8 inch rebar;
Thence S 00'33'14' W a distance of 164.13 feet to a 5/8 inch rebar;
Thence S 89°48' 16" E a distance of 11.23 feet to a'/z inch rebar on the westerly boundary of the parcel
shown on said Record of Survey;
Thence along said westerly boundary N 4°32'23" E a distance of 27.37 feet (formerly N 5°08'00" E,
27.23 feet) to a'/z inch rebar and the beginning of a curve, concave southeasterly, having a radius of
190.02 feet, a central angle of 79'59'12" and a long chord bearing N 45°12'51" E a distance of 244.25
feet (formerly Radius = 190,00, Central Angle = 80'11'18", LC = N45'13'39" E, 244.74 feet);
Thence northeasterly, along the arc of said curve, 265.27 feet (formerly 265.91 feet) to the POINT OF
BEGINNING.
Said parcel contains 9270 square feet (0.213 acre) and is subject to any easements of record or in use.
Prepared by: Brandon Johnson, PLS
Ada County Highway District
March 15, 2016
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Resolution No. 2161
T3N, R1 E, Sec. 7
QUITCLAIM DEED CONVEYING PUBLIC RIGHT OF WAY
THIS INDENTURE, made this day of , 2016, Ada
County Highway District, a body politic and corporate of the State of Idaho, the
"GRANTOR", and The City of Meridian, the "GRANTEE";
WITNESSETH:
FOR VALUE RECEIVED, GRANTOR does by 1 se presents convey, remise,
release and forever quitclaim unto GRANTEE all rig h ti nd interest of GRANTOR in
the real property situated in the COUNTY OF STATE OF IDAHO, as more
particularly described on Exhibit "A" attached h this reference made a part
hereof (hereinafter the "Right -of -Way").
SUBJECT TO easements of
the public right-of-way which rights
of this Indenture (for sewer, gas, v
electrical and telephone lines and
licenses for telecommunications41T
of this Indenture. GRANTEE is
such pipelines, lines andd
itchs
Drd�st Aory rights of utilities and districts to be in
bein a ised in the Right -of -Way as of the date
pelines and their appurtenances, for
ani at�and drainage ditches), and subject to
in place in the Right -of -Way as of the date
11 . for costs of any relocation or replacement of
TO HAVE AND LD fl�e same unto the GRANTEE and to Its successors and
assigns forever.
The current address of GRANTEE is:
City of Meridian
33 E. Broadway Ave.
Meridian, ID 83642
Page 1 of 2
Version: 5120108
IN WITNESS WHEREOF, this Quitclaim Deed has been duly executed by and on
behalf of GRANTOR this day of , 2016.
Attest:
Bruce S. Wong, Director
State of Idaho )
ss.
County of Ada )
On this day of
personally appeared Ker
Board of Commissioned
or identified to me to b
executed this instrument
ADA COUNTY HIGHWAY DISTRICT
Z
Kent Goldthorpe, President
. X
� r. , in the year 2016, before me,
N ipNotary Public in and for the State of Idaho,
kn n or identified to me to be the President of the
my Highway District, and Bruce S. Wong, known
11
Jf the Ada County Highway District, the persons who
said Highway District for the purposes therein stated.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal
the day and year in this certificate first above -written.
Notary Public for the State of Idaho
Residing at , Idaho
My Commission expires:
Page 2 of 2
Version: 5120108
November 07, 2016
City of Meridian
33 E. Broadway Ave.
Meridian, ID 83642
Attention; Emily Kane
Kent Goldthorpe, President
Paul Woods, Vice President
Rebecca W. Arnold, Commissioner
Sara M. Baker, Commissioner
Jim D. Hansen, Commissioner
Re; Resolution Number 2161 - Consenting to a Real Property Transfer Agreement between the City of Meridian and
ACHD, and accepting a Quitclaim Deed for the transfer of the ACHD property proposed portion of right-of-way
located at the southeast corner of Main Street and Fairview Avenue to the City of Meridian.
Dear Ms. Kane
Attached you will find the Documents for signature pertaining to your vacation in preparation for the proposed Main
Street and Fairview Avenue to the City of Meridian..
On Wednesday November 2nd, 2016 at 12 pm, the matter was heard, in the ACHD auditorium, 3775 Adams Street,
Garden City, Idaho 83714, this item was considered on the Consent Agenda for adoption of Resolution Number
2161.
The purpose of this notification is to inform you of the status, The Consent Staff Report is provided for retention in
your files. The Public Hearing for final approval of the vacation was approved. The following documents are
attached.
1. Original, Interagency Agreement for Real Property Transfer, signed by, Bruce S. Wong, Director and Kent
Goldthorpe, President.
( This document needs signatures from, City of Meridian, Tammy de Weerd, Mayor and C. Jay
Coles, City of Meridian). Please sign and return.
2. Copy of the Resolution No. 2161, for your records. ( original to be recorded on 11-7-2016).
3. Copy of the Quitclaim Deed, (Original to be recorded after your Nov. 9th, 2016 meeting for approval).
4. Copies of the Resolution no. 2155 and Quitclaim Deed for resolution no. 2155, retain for your records.
Please call me if you have any questions, 208-387-6266
Sincerely,
ADA COUNTY HIGIVAY DISTRICT
Sue Linthicum
Right -of -Way Technician
Haa county riignway District • 3775 Adams Street • Garden City, ID • 83714 • PH 208 387 6100 • FX 345-7650 • www.achd.ada.id.us
ADA COUNTY RECORDER Christopher D. Rich 2016-116436
Resolution No. 2161 BOISE IDAHO Pgs=4 DAWN TRIVOLIS 12/01/2016 10:22 AM
T3N, RIE, Sec. 7
ACHD NO FEE
111111111 III 111111111111111111111111111111 I II III
00304684201601164360040040
THIS INDENTURE, made thisAd
Z day of k-e1k1 2016, Ada
County Highway District, a body politic and corporate of the State of Idaho, the
"GRANTOR", and The City of Meridian, the "GRANTEE";
WITNESSETH:
FOR VALUE RECEIVED, GRANTOR does by these presents convey, remise,
release and forever quitclaim unto GRANTEE all right, title and interest of GRANTOR in
the real property situated in the COUNTY OF ADA, STATE OF IDAHO, as more
particularly described on Exhibit "A" attached hereto and by this reference made a part
hereof (hereinafter the "Right -of -Way").
SUBJECT TO easements of record, statutory rights of utilities and districts to be in
the public right-of-way which rights are being exercised in the Right -of -Way as of the date
of this Indenture (for sewer, gas, water or similar pipelines and their appurtenances, for
electrical and telephone lines and for irrigation and drainage ditches), and subject to
licenses for telecommunications lines which are in place in the Right -of -Way as of the date
of this Indenture. GRANTEE is responsible for costs of any relocation or replacement of
such pipelines, lines and ditches.
TO HAVE AND TO HOLD the same unto the GRANTEE and to Its successors and
assigns forever.
The current address of GRANTEE is:
City of Meridian
33 E. Broadway Ave.
Meridian, ID 83642
Page 1 of 2
Version: 5120108
IN WITNESS WHEREOF this Quitclaim Deed has been duly executed by and on
behalf of GRANTOR this day of )6 kbi
2016.
Attest:
n i S. Wong, Director
State of Idaho
ss.
ADA COUNTY HIGHWAY DISTRICT
By
Kent Goldthorpe, President
County of Ada
On this day of fiip�-emZzek—
in the year 2016, before me,
ce e C e
a Notary Public in and for the State of Idaho,
personaUpieaAre '9—KeMGoldthorpe, known or identified to me to be the President of the
Board of Commissioners of the Ada County Highway District, and Bruce S. Wong, known
or identified to me to be the Director of the Ada County Highway District, the persons who
executed this instrument on behalf of said Highway District for the purposes therein stated,
IN WITNESS WHEREOF, I have hereunto set
the day and year in this certificate first above -written. ,
Publ
and affixed my official seal
Z11"A k
Residing at I 6Z , Idaho
My Commission expires: ugust 13, 2019
Page 2 of 2
Version: 5/20108
Exhibit "A"
AM% of Jughf-ohlvay
A pmwl a hmd AuKited in CInTrnnwlu lot 4 of Secdon A 'IMMI-rip 3 Nonk Fungt I Ra{,
A40 Win, Ada (bung, hialat, NIMe Pat 6CLIla"IN d -t -scribed its follows:
C()JMtvIF'NCrN(iata ,
nAd Section 7 [truss cap Itininjawnt IM16T to Mah"veq coin'�r of"I'l-IF Qunrtev of
of 4"! SOCIOUNMI Murt a r"AM "P moin"Init "'WIM9 to "'lent C011-im (Ile hhnhwom Quawi
I Own N 8W35'34- E a distance of 240.156 Net:
The clung thv north hue Maid PAMA"'Ca QMMvq N MOTH" E is ehq,,, or 7a.1 2 Net to a rqdnt:
S I "NO E a diminwe or 6100 Net M a 0 hwh whr on the nnrthurly
hound an of the pawel shown on Mmv of Suiwe.v NmWmr N3 fJQd us Inshuntent NtAnher 048918,
Official Pecoak, Ad') Count)" �vljich dVwk We WAO SMW Hohwy Sprem land no kmyr MeM nd
ahawhined 10 the 04went 0%"wr des0hod in the DHA w1 Minute, of the Idnho Tansftmiawn, lumid
r,,cordcdas 111,011111olf Nunifie, I, on"M RwoMq Ada C%wry, Mahn said NO" Mv) hey the
I'M NTOF'
Thwwv along A PO Pat= with and IMMMT 61AH No
War Or, N 811514- "1 a TquM of M,M) 1, south of 10 MAT Hue ofsaid Min0wnt
M a 5M ind"Uhm:
Mwa S 45' iY20"TVa dvww, O"L57 Qt w a 5M Vd, A,
I'llonct., S 00001), IT' L, it diqanue of 1 x'89 Net to it 5/8 inch r0'ku%
HWMX S 841 T 16" vv a distance of `56 VU 10 u 5M hich rdrar;
'I'licirce, "; 00 13 14 W it d)'Siauco of 164 1, '1 fcvl it) it 51,i in,-,() rehar,
TIa th ,tang tai
-Jimvii In "aid Potx)lil orStut 1123 hvi to a to inch rebal on nit, wo';Iei ly horin&uy
Thewo ahmp said b(
-ajjIdaj,,, 6r In a i1knew or 2737 set (forge it 14 1 MM" h,
fr) to j I,-, inch iebar and thileginnuW jq- aCant: lig onth�.l."teT1; having a jadfu� M
retl, a, Ccifflahingk of MW IT'and a long chord bearing 1`45 IT51�E a dkwnm (12M25
(t"vierly Radvis,. I qoptL (IMW U,p , 80, 110 IAV 1 N451310- H, M114 Net):
Mice noAienwh, along the arc cifyrid curb m 26127 lect (Vorniork, 265,01 Net) to the: p(jilj�,ll, ()I;
BI-,GlNf',1ING
Said parcel Contain', 9TM hpwv N" ((),? H itcre) and is '"Ut to any eavenwaIs of record , in
Prcpor'�d hy: Blandon lohn"on, III 'S
Ada ('our)[,, Ifighwkit',,
September 9. 016
Ex Nbi -1W -------
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