HomeMy WebLinkAboutACHD Offset Agreement
MERIDIAN PARKS & RECREATION
Memorandum
RECEIVED
To: Mayor Corrie and City Council
From: Tom Kuntz ,'pt-
Date: May 16, 2002
Re: Consent Agenda Items for May 21, 2002 Council City Meeting
MAY I 6 2002
CITY OF MERIDIAN
CITY CLERK OFFICE
The Parks Staff respectfully requests the following three items be placed on the Consent Agenda for
May 21, 2002 Council Meeting.
1. Kiwanis Park - The Parks Commission passed a motion at their May 08, 2002 meeting to
recommend naming the future Los Alamitos!Thousand Springs park site as "Kiwanis Park". Our
estimates to develop the nine-acre Neighborhood Park will be more than $500,000.00 in either
donated services, materials, and/or cash. The Parks staff and Commission recognizes the
commitment from the Meridian Day Breaker Kiwanis Club in completing this project. We would
appreciate the Council's formal action authorizing the naming of Kiwanis Park.
2. Settler's Park Construction Change Orders - This is a follow-up to the information you
received at your May 14, 2002 workshop. We are requesting approval for change order #1
($8,810.00), change order #2 ($26,855.00) and extra services for The Land Group to design the
sewer lines ($3,750.00), and the additional parking lot ($4,750.00).
~
3. Ada County Highway District Agreement - Attached is a memo from Gary Inselman, outlining
an agreement in which the impact fees charged by ACHD would be offset by the costs of right a
way purchased from the City. The Parks Staff has reviewed the right a way and impact fee
calculations and agree that this is an equitable agreement. We request the Council's approval of
this agreement so construction at Settler's Park can continue.
~ ........-.
~.4-~7 ~~
--~-
Ada County Highway District
David E. Wynkoop. President
Sherry R, Huber, 1st Vice President
Judy Peavey-Derr, 2nd Vice President
Sl,Isan S, Eastlake. Commissioner
Dave Biven!:!. Commissioner
318 Easl37th Street
Garden City ID 83714-6499
Phone (208) 387-6100
FA)( (208) 387-6391
E-mail:.tellus@ACHD.ada.ld.u8
May 16, 2002
City of Meridian
11 W Bower Street
Meridian,ID
RE: Park
Right-of-Way dedication on Meridian Road
IF A-23-02
Dear Mayor Corrie.
Pleas~ review the enclosed Impact Fee Offset Agreement for 3231 square teet of right-at-way dedicated on
Meridian Road. Compensation for right-of-way is based on the purchase price ot bare ground with no
improv.ements. The value of $ .5655 per square foot is comparable with other parcels the District has
acquired in the immediate vicinity.
If you find the Agreement acceptable. sign and notarize the Agreement and Warranty Deed in the presence
ot a Notary Public. After this document has been reviewed, signed and notarized. return the original tome.
U.pon ACHD's receipt and approval at the signed Agreement and Warranty Deed, the amount due to YOu will
be processed. The Impact Fee for the park has been assessed at $1,827.00 and the Right-of-Way
dedication is equal to the same amount. When the agreement and warranty deed are returned to ACHD an
Impact Certificate will be issued.
::;e:'7 J-L--
Gary Inselman
Impact Fee Administrator
lra 39l;1d
9NINNl;1ld aHJ\;l
E6E9-L8E-8Ial
~~:lal Glalal/91/~1a
-"~-~
.,,~~
Ada County Highway District
David E. Wynkoop. President
Dave Bivens, 1 st Vice President
Judy Peavey-Derr, 2nd Vice President
Susan S. Eastlake, Commissioner
Sherry R. Huber, Commissioner
318 East 37th Street
Garden City ID 83714-6499
Phone (208) 387-6100
FAX (208) 387-6391
E-mail: tellus@ACHD.ada.id.us
Date Recorded:
Instrument #:
Book(s):
Page(s)
ROAD IMPACT FEE OFFSET AGREEMENT
NO. IFA-23-02
SERVICE lONE:
PROJECT NAME:
DEVELOPER
West Ada
Park
City of Meridian
11 W Bower St
Meridian, ID 83642
(ADDRESS IF DIFFERENT FROM APPLICANT)
PROJECT LOCATION: Meridian Road
This Agreement is entered into this _ day of , 2002, by and between the ADA
COUNTY HIGHWAY DISTRICT, a Body Politic and Corporate of the State of Idaho, acting by and
through its authorized representative and:
City of Meridian
(Name of Applicant(s)
(Social Security # or Tax 10 #)
whose current mailing address is (SEE ABOVE), for the purpose herein below stated:
I. ACHD ORDINANCE NO. 193: ON NOVEMBER 16,1999, THE ADA COUNTY HIGHWAY
DISTRICT APPROVED ORDINANCE NO. 193 ESTABLISHING A PROGRAM OF ROAD
IMPACT FEES. SECTION 15 OF THAT ORDINANCE PROVIDES FOR OFFSETS
AGAINST ROAD IMPACT FEES FOR QUALIFYING SYSTEM IMPROVEMENTS
PROVIDED BY A DEVELOPER, AND INCLUDES THE FOLLOWING PROVISIONS:
A. In the calculation of road impact fees for a particular project, offsets shall be given for
the value of any construction of system improvements or contribution or dedication of
land or money required by ACHD from a developer for system improvements.
B. Offsets will only be allowed if the proposed improvements are contained in the capital
improvements plan, and if the person seeking the offset applies to ACHD in writing
prior to breaking ground or otherwise commencing construction of the breaking
ground or otherwise commencing construction of the improvements, and if ACHD
approves the improvement in writing.
C. A developer who is required to construct, fund or contribute system improvements in
excess of the road impact fees which would otherwise have been paid for the
development project, shall be reimbursed for such excess construction, funding or
contribution from road impact fees paid by development located in the benefit zone
which is benefited by such improvements.
Any such reimbursements shall be made within three months of the dedication or
acceptance of construction unless otherwise agreed.
D. If offsets or reimbursements are due to the developer pursuant to this section, the
parties shall enter into a written agreement, negotiated in good faith, prior to the
construction, funding or contribution.
E. The amount of an offset resulting from a right-of-way dedication shall not exceed the
greater of the fair market value of, or the acquisition costs attributable to, the real
property so dedicated.
F. The amount of an offset resulting from a qualified capital improvement shall not
exceed the developers out-of-pocket construction cost for the improvement.
II. THE PURPOSES OF THIS AGREEMENT ARE TO: 1) ESTABLISH THE VALUE OF THE
RIGHT-OF-WAY DEDICATIONS AND/OR QUALIFYING IMPROVEMENTS ELIGIBLE FOR
THE IMPACT FEE OFFSETS, 2) ESTABLISH THE METHOD BY WHICH THE OFFSET
WILL BE PROVIDED, AND 3) LIST OTHER TERMS AND CONDITIONS.
A. VALUE OF QUALIFYING IMPROVEMENTS
The value of the qualifying improvements that are eligible for impact fee offsets is
calculated below:
1. Ri
ITEM DESCRIPTION
Meridian Road
COST PER FOOT
$00.5655
TOTAL
$1827.00
RIGHT-OF-WAY TOTAL:
$1827.00
TOTAL VALUE:
$1827.00
B. METHOD BY WHICH OFFSET WILL BE PROVIDED
The applicant shall be fully compensated for the value of the qualifying improvements
determined in Section II.A by the following method:
1. The Right-of-Way dedication amount is the same or equal to the Impact Fee
assessed to the park. There will not be any monies exchanged.
C. OTHER TERMS AND CONDITIONS
1. Documentation
Appropriate and acceptable written documentation establishing the value of all
dedicated right-of-way and/or construction improvements must be furnished to
the District.
2. Compensation
2
In consideration of the premises and the mutual agreement of the parties, the
cash payments amount to the full compensation for the land and/or
improvements furnished by the applicant.
3. Assignment
The parties agree that payments, as provided in this Agreement, may not be
assigned, transferred or conveyed to any other person or property.
4. Compliance with Codes, Standards and Specifications
All work by the developer of agent(s) shall comply with all currently adopted
specifications of Ada County Highway District for highway construction in effect
at the time the contract is awarded, except where otherwise noted. All
ordinances and regulations in effect in Ada County and its respective cities, and
State of Idaho statutes relating to such work shall be complied with,
5. Enforceability
If, for any reason a court determines that ACHD Ordinance #193, or any
amendments thereto or any replacement Ordinance, is null and void, then any
further obligation pursuant to this Agreement shall be immediately terminated.
6. Applicable Law
The existence, validity, construction, operation and effect of this Agreement and
its terms and conditions, and the rights and obligations of each of the parties
hereto shall be determined in accordance with and construed pursuant to the
laws of the State of Idaho.
7. Severability
Any provision of this Agreement which may be prohibited by law or otherwise
held invalid shall be ineffective only to the extent of such prohibition or invalidity.
Such determination shall not otherwise invalidate or otherwise invalidate or
otherwise render ineffective all or any of the remaining provisions of this
Agreement.
8. No Agency Relationship Created
This Agreement shall not be construed as creating either a partnership or agency
an employment relationship between the parties hereto.
9. Entire Agreement
This Agreement constitutes the entire Agreement between the parties and
superseded any and all prior correspondence, communications, negotiations,
discussions and other representations of either of the parties hereto. This
Agreement may not be modified in any respect except by an instrument in writing
and signed by both parties hereto.
3
IN WITNESS WHEREOF, the parties hereunto have set their hand, on this day and year,
BY:
City of Meridian Mayor
Date
STATE OF
COUNTY OF
~ss.
)
On this day of , 20_, before me, a notary public in and for said State, personally
appeared, known to me to be the applicant(s) named in hereinabove Agreement and known to me to be the persons whose name are
subscribed to the within instrument and acknowledged to me that they executed the same,
above written.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year in this certificate first
(SEAL)
NOTARY PUBLIC FOR THE STATE OF IDAHO
RESIDING AT BOISE, IDAHO
MY COMMISSION EXPIRES
BY: ADA COUNTY HIGHWAY DISTRICT
Impact Fee Administrator
<$15,000
Date
Manager of the Right-ot-Way & Development Dept.<$25,000
Date
Director of ACHD
<$50,000
Date
President of the ACHD Commission
>50,000
Date
4
Ustick Road
T 4N, R I W, Section 36
(Reserved for Ada County Recorder)
WARRANTY DEED
THIS INDENTURE, made this day of , 2002, CITY OF
MERIDIAN, IDAHO, A MUNICIPAL CORPORATION the "GRANTOR". and ADA
COUNTY HIGHWAY DISTRICT, a body politic and corporate of the State of Idaho, the
"GRANTEE";
WITNESSETH:
FOR VALUE RECEIVED, the GRANTOR has granted, conveyed, bargained and sold,
and does hereby grant, bargain, sell, convey and confirm to the GRANTEE and its successors and
assigns forever, that certain real property situated in the COUNTY OF ADA, STATE OF
IDAHO, more particularly described on Exhibit "A" attached hereto and by this reference made a
part hereof,
TOGETHER with all and singular the buildings, structures, improvements and fixtures thereto,
the tenements, hereditaments and appurtenances thereunto belonging or in anywise appertaining,
the reversion and reversions, remainder and remainders, and rents, issues and profits thereof (the
"Premises").
SUBJECT TO general taxes and assessments for the current year which are not yet due
and payable, easements of record or obvious on a physical inspection of the Premises, any
recorded reservation of oil and/or mineral rights and covenants of record.
Subject to those exceptions to title to which this conveyance is expressly made subject and
those made, suffered or done by the GRANTEE: (a) the GRANTOR covenants to the
GRANTEE, its successors and assigns, that the GRANTEE shall enjoy the quiet and peaceful
possession of the Premises; and (b) GRANTOR warrants to the GRANTEE, its successors and
assigns, that GRANTOR is the owner of said Premises in fee simple and has the right and
authority to convey the same to GRANTEE, and GRANTOR will defend the GRANTEE's title
from all lawful claims whatsoever.
Warranty Deed, page 1
(10/27/01)
S:IACHDRW\Deeds-EasemenlS\Warranty Deed - Ustick Road.doc
The current address of the GRANTEE is:
Ada County Highway District
318 East 37th Street
Garden City, Idaho 83714-6499
IN WITNESS WHEREOF, this WARRANTY DEED has been du1y executed by and on
behalf of the GRANTOR, the day, month and year herein first above written.
City of Meridian, Idaho,
A MUB.i(:ip21 Corporation
Robert Corrie, Mayor
Attest
Clerk
Warranty Deed, page 2
(10/27/01)
S:\ACHDRW\Deeds..EasemcnIs\Warranty Deed - Usrick Road.doc
STATE OF IDAHO )
) 55.
County of Ada )
On this _ day of , 2002, before me, , a
Notary Public in and for the State of Idaho, personally appeared Robert Corrie, Mayor, known or
identified to me to be the Mayor the person who executed this instrument on behalf of said
Corporation, and acknowledged to me that such Corporation executed the same.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the
day month and year in this certificate first above written.
Notary Public for Idaho
Residing at:
My commission expires:
Warranty Deed, page 3
(10/27/01)
S:\ACHDRW\Oeeds-EasemenlS\Warranty Deed. Ustick Road.doc
Wl E"e../O, p,....v iZ-op...o i2-. 0 . vJ. j;~,., e"-,,
3130 South Owyhee Street
Boise, Idaho 83705-4768
208.342.5400
Fax 208.342.5353
A Mt!mber of The IT Group
Parcel Description
A parcel of land located in the SE1/4 of Section 36, Township 4 North, Range I West, B.M., as shown on
Record of Survey No. 4958, Instrument No. 100030102, Records of Ada County, Idaho, being more
particularly described as follows:
Commencing at a 3 1/4" aluminum cap marking the southeast comer of said Section 36, Township 4 North,
Range 1 West, B.M.;
thence North 89019'43" West coincident with the south line of said Section 36, being also the centerline of
Ustick Road, a distance of 82,00 feet;
thence North 00051 '23" East parallel with the east line of said Section 36 a distance of 25.00 feet to the
north line of the existing right-of-way of said Ustick Road and the POINT OF BEGINNING;
thence continuing North 00051 '23" East parallel with the east line of said Section 36 a distance of 23.00
feet to a point 48.00 feet north of the south line of said Section 36;
thence South 89019'43" East parallel with the south line of said Section 36 a distance of 20.00 feet;
thence North 45045' 50" East a distance of 35.41 feet to a point 37.00 feet west of the east line of said
Section 36 and the centerline of Meridian Road;
thence North 00051 '23" East parallel with and 37.00 feet west of the east line of said Section 36 a distance
of 75.00 feet;
thence North 06034'00" East a distance of 120.60 feet to the existing west right-of~way line of said
Meridian Road;
thence South 00051 '23" West coincident with the west right-of-way line of said Meridian Road a distance
of 217.96 feet;
thence South 45041 '36" West a distance of 35.37 feet to a point on the existing north right-of-way line of
said Ustick Road;
thence North 89019'43 West coincident with the existing north right-of-way line of said Ustick Road a
distance of 32.06 feet to the POINT OF BEGINNING.
The above described parcel contains 3231 sq. f1. or 0.0740 acres, more or less and references Record of
Survey No. 4958, Instrument No. 100030102, Records of Ada County, Idaho.
Prepared by: W & H Pacific, Inc.
David S. Short Jr. P.L.S
End of description.
whpacific. com
planners
surveyors
engineers
landscape architects
c
en
-I
o
^
:D
o
)>
o
..
- - - - - - - - - - - - - - - - - - - -;~'--- - - -- -- - - - -~ ;~-:.. >~-l
C: c
r:J) en
-! -l
0 C'5
^ ^
JJ :0
0 ~
)>
0 0
z en
m a
~ ~
JJ
"-
~ x
... m
(:) )>
(J1 en
)> m
Q 3: 3:
m
~ m
:.0
a
p >
.,.. z
'"
)> :.0
g s: 0
)>
m 0
~
0 en
;; a
z m
J:) ~
0 r-
)> ^
0 m
z )>
m en
:;E m
3:
J:) m
"- Z
:;E -l
C ~
C
--.:
.l>. '"
)> )>
Q g
J 8
I-.---'~'f'!!1l. - ..__1'.____
o
-I
-<
o
-n
~
m
:D
o
)>
Z
-0
)>
:D
^
I
,
,
I
,
,
I
,
,
I
,
,
I
,
,
I
,
,
I
i: I
'i! I
: I
"
ii:
1"","1
Ii
I:
Ii
"
"
u
Ii I'
Ii
,
" i
1\1
i,l,'
II
'I
/, I
II,
!i I
ii
],
q I
\': i
ii I
i,i I'
Ii
,'I I
'II "
Ii
I,
,
"'---
-k?- --------t1-
. I ,
I,ll
,
". '
--;:~::::::::::=:.:~~;:/
MERIDIAN ROAD
\"\,,r-
Ii
:11
U I'
"
Ii
'I