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HomeMy WebLinkAboutOrdinance Settlr ROW Convync -- CITY OF MERIDIAN ORDINANCE NO. BY THE CITY COUNCIL: BIRD, DONNELL, ROUNTREE, WARDLE AN ORDINANCE AUTHORIZING THE CONVEYANCE TO THE ADA COUNTY HIGHWAY DISTRICT FOR RIGHT OF WAY PURPOSES CERTAIN REAL PROPERTY LOCATED ADJACENT TO SETTLERS PARK AT USTICK AND MERIDIAN ROADS IN THE CITY OF MERIDIAN; AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE AND ATTEST ON BEHALF OF THE CITY OF MERIDIAN THE SALE AGREEMENT AND DEED AND OTHER DOCUMENTS NECESSARY TO COMPLETE THE TRANSACTION; PROVIDING FOR A WAIVER OF THE READING RULES; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, pursuant to Idaho Code 50-1401, the City Council has statutory authority to sell, exchange, or convey any real property owned by the city which is underutilized or which is not used for city public purposes; and, WHEREAS, when it is determined by the City Council to be in the City's best interest that a transfer or conveyance be made, the City Council may, pursuant to the procedure set forth in Idaho Code Section 50-1403, by ordinance duly enacted, authorize the transfer or conveyance of any real property owned by the City to any tax supported governmental unit; and WHEREAS, the Ada County Highway District has the need for additional right- of-way at Ustick and Meridian Roads in the City of Meridian; and, WHEREAS, on the 1st day of November, 2005 the Meridian City Council approved Resolution No. 05-492 declaring the intent to convey the real property to the Ada County Highway District and further instructed the City Clerk to establish and notice a public hearing to consider the conveyance. NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF MERIDIAN, IDAHO: Section 1. That a public hearing on the proposed conveyance of the real property was held at the December 6, 2005 Meeting of the Meridian City Council. Section 2. That the City Council determined after the public hearing that it is in the City's best interest that the real property be conveyed to the Ada County Highway District. Section 3. That the terms of the Sale and Purchase Agreement, attached hereto and incorporated by reference, are just and equitable. ORDINANCE AUTHORIZING CONVEYANCE REAL PROPERTY TO ACHD Page 1 of 2 Section 4. That the Mayor and City Clerk shall be authorized to execute and attest the Sale Agreement and Deed and any other documents necessary to complete the transaction authorized by this Ordinance. Section 5. That pursuant to the affirmative vote of one-half (1/2) plus one (I) of the Members of the full Council, the rule requiring two (2) separate readings by title and one (1) reading in full be, and the same is hereby, dispensed with, and accordingly, this Ordinance shall be in full force and effect upon its passage, approval and publication. PASSED by the City Council of the City of Meridian, Idaho, this day of , 2005. of APPROVED by the Mayor of the City of Meridian, Idaho, this , 2005. day APPROVED: MAYOR ATTEST: CITY CLERK ORDINANCE AUTHORIZING CONVEYANCE REAL PROPERTY TO ACHD Page 2 of2 IFA-23-02 Meridian Park SALE AND PURCHASE AGREEMENT THIS SALE AND PURCHASE AGREEMENT (hereinafter the "Agreement") is made and entered into this day of , 2005, by and between ADA COUNTY HIGHWAY DISTRICT ("ACHD") and City of Meridian, a Municipal Corporation ("Seller"); WITNESSETH: FOR GOOD AND SUFFICIENT CONSIDERATION, IT IS AGREED: SECTION 1. Definitions. As used in this Agreement, the following terms shall have the following meanings: (a) The term "ACHD" shall refer to ADA COUNTY HIGHWAY DISTRICT, a body politic and corporate of the State of Idaho whose address is 3775 Adams Street, Garden City, Idaho 83714-6499, and the person to contact at ACHD is Gary Inselman, whose telephone number is (208) 387-6170 and whose fax telephone number is (208) 387 -6393. The term "Closing Date" shall mean ,20_. (b) (c) The term "Deed" shall mean the form of deed attached hereto as Exhibit "1." (d) The term "Hazardous Materials" shall mean any substance, material, or waste which is regulated as hazardous by any local governmental authority. (e) The term "Property" shall refer to that certain parcel of real property described on Exhibit "A" to the Deed. (f) The term "Seller" refers to the above-named Seller, which is a municipal corporation organized and existing under the laws of the state of Idaho, whose address is 33 East Idaho Ave., Meridian, ID 83642, whose telephone number is (208) 888-4433. SECTION 2. Recitals. 2.1 ACHD is a single county-wide highway district organized and existing under the laws of the State of Idaho, with the responsibility, jurisdiction, and authority to acquire public right-of-way and construct and improve highways in Ada County, Idaho. Sale and Purchase Agreement - 1 (10/28/02) S:\DSTECH\IFA AGREEMENTS\IFA AGREEMENTS\IFA-23-02-City of Meridian.doc 2.2 In furtherance of its responsibility, for the purchase price and on the terms and conditions hereinafter set forth, ACHD desires to purchase the Property from Seller and Seller is willing to sell, grant, and convey the same to ACHD. SECTION 3. Aqreement to Sell and Purchase. For the purchase price and on the terms and conditions hereinafter set forth, Seller hereby agrees to sell, grant and convey the Property to ACHD and ACHD hereby agrees to purchase the Property from Seller, subject to the Exceptions to Title. SECTION 4. Purchase Price; Closinq; Possession. 4.1 The purchase price to be paid by ACHD for the Property is Two Thousand Five Hundred DOLLARS ($2,500.00). 4.2. The closing under this Agreement shall take place at the offices of ACHD on the Closing Date, by the delivery to Seller of ACHD's check made payable to Seller in the amount of the purchase price, adjusted for property tax prorations under Section 5, in return for the delivery to ACHD of the Deed, duly executed by Seller and acknowledged in form suitable for recording. ACHD shall be entitled to possession of the Property on receipt of the executed Deed. SECTION 5. Proration of Property Taxes. Property taxes on the Property for the current year which are a lien but not yet due and payable shall be prorated between ACHD and Seller as of the Closing Date based on the prior year's property taxes; provided, if the Property is a part of a larger parcel owned by Seller the property taxes shall be prorated based on the ratio of the assessed value of the Property and the assessed value of the entire parcel, both without any improvements, for the year prior to closing hereunder. All special assessments on the Property which are a lien but not yet due and payable shall be paid by Seller in full prior to closing. SECTION 6. Hazardous Materials Warranty. Seller warrants that neither Seller, nor, to the knowledge of Seller, any previous owner, tenant, occupant, or user of the Property used, generated, released, discharged, stored, or disposed of any Hazardous Materials under, in, or about the Property. This warranty shall not be merged into the Deed and shall survive the closing under this Agreement. SECTION 7. Remedies for Default. In the event of the failure or neglect by either party in the performance required under this Agreement, the other party shall have all the remedies available under the laws of the State of Idaho for breach of a contract, including the remedy of specific performance. SECTION 8. Attorneys' Fees and Costs. In any action arising under this Agreement, the unsuccessful party therein agrees to reimburse the prevailing party for its reasonable attorneys' fees and costs, expended or incurred in connection therewith and in connection with any appeal, and the same may be included in the judgment. Sale and Purchase Agreement - 2 (10/28/02) S:\DSTECH\IFA AGREEMENTS\IFA AGREEMENTS\lFA-23-02-City of Meridian.doc SECTION 9. Incorporation of Exhibits. It is agreed that all exhibits to this Agreement are incorporated by reference and made a part of the terms, provisions, and covenants of this Agreement. SECTION 10. Bindinq Effect. This Agreement shall be binding upon and inure to the benefit of the parties hereto and their successors and assigns. SECTION 11. Time of Essence. Time is of the essence of this Agreement. SECTION 12. . Entire Aqreement. This Agreement and the exhibits attached hereto constitute the entire understanding between the parties with respect to this transaction, and all prior or contemporaneous agreements, understandings, representations, and statements, oral or written, are merged into this Agreement. SECTION 13. Warranty of Authority to Execute. 13.1. The person(s) executing this Agreement on behalf of ACHD represent(s) and warrant(s) due authorization to do so on behalf of ACHD, and that upon execution of this Agreement on behalf of ACHD, the same is binding upon, and shall enure to the benefit of, ACHD. 13.2. If Seller is not a natural person, the person(s) executing the Agreement on behalf of Seller represent(s) and warrant(s) due authorization to do so on behalf of Seller, and that upon execution of this Agreement on behalf of Seller, the same is binding upon, and shall enure to the benefit, of Seller. SECTION 14. Counterparts. This Agreement shall be executed in two counterparts, each of which shall be deemed an original, but both of which together shall constitute one and the same instrument. IN WITNESS WHEREOF, the parties hereto have executed this Agreement the day and year first above written. SELLER: City of Meridian By: The Honorable Mayor Tammy de Weerd Title: Mayor of the City of Meridian Attested: William Berg Title: City Clerk Sale and Purchase Agreement - 3 (10/28/02) S:\DSTECH\IFA AGREEMENTS\IFA AGREEMENTS\IFA-23-02-City of Meridian.doc ADA COUNTY HIGHWAY DISTRICT By Gary Inselman Title: Impact Fee Administrator State of Idaho ) ) ss. ) County of Ada , 2005, before me, , a Notary Public in and for the State of Idaho, personally appeared The Honorable Mayor Tammy de Weerd, known or identified to me to be the Authorized Representative of the City of Meridian that executed this instrument or the person who executed this instrument on behalf of the City of Meridian, and acknowledged to me that such City executed the same. On this day of 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 My Commission expires Idaho Sale and Purchase Agreement - 4 (10/28/02) S:\DSTECH\IFA AGREEMENTS\IFA AGREEMENTS\lFA-23-02-City of Meridian.doc EXHIBITS "1" Deed, with legal description of Property. Sale and Purchase Agreement - 5 (10/28/02) S:\DSTECH\IFA AGREEMENTS\IFA AGREEMENTS\IFA-23-02-City of Meridian.doc IFA-23-02 T4N R1W See 36 EXHIBIT "1" WARRANTY DEED THIS INDENTURE, made this day of , 2005, City of Meridian, 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" and "B" 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. The current address of the GRANTEE is: Ada County Highway District 3775 Adams Street Garden City, Idaho 83714-6499 Sale and Purchase Agreement - 6 (10/28/02) S:\DSTECH\IFA AGREEMENTS\IFA AGREEMENTS\IFA-23-02-City of Meridian.doc IN WITNESS WHEREOF, this WARRANTY DEED has been duly executed by: GRANTOR, the day, month, and year herein first above written. City of Meridian The Honorable Mayor Tammy de Weerd Attested: William Berg Title: City Clerk State of Idaho ) ) ss. ) County of Ada On this 2005, before me, , a Notary Public in and for the State of Idaho, personally appeared , known or identified to me to be the Authorized Representative of the City of Meridian, a Municipal Corporation, that executed this instrument or the person who executed this instrument on behalf of the City of Meridian, and acknowledged to me that such Municipal Corporation executed the same. day of 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 My Commission expires Idaho Sale and Purchase Agreement - 7 (10/28/02) S:\DSTECH\IFA AGREEMENTS\IFA AGREEMENTS\lFA-23-02-City of Meridian.doc EXHIBIT "A" . ~ , 3130 South Owyhee Street Boise, Idaho 83705-4768 208.342J400 Fa! 208.342.5353 ~_~7Iotr- Parcel Description A parcel of land located in the SEI/4 of Section 36, Township 4 North, Range I West, 8.M., as shown on Record of Survey No. 49SS, Instrument No. 100030102, Records of Ada County, Idaho, being more particularly described as follows: Commencing al a 3 1/4" aluminum cap marking the lIOutheasl comer of said Section 36, Township 4 North, Range I Wesl, 8.M.: thence North Sgo19'43" West coincident with the south line of said Section 36. being also the centerHneof Ustick Road, a distance of 82,00 feet; thence Nonh ( ( oS I '23" East panllel with the e8slline of said Section 36 a distance of 2S,OO feet 10 the north line of the ~isling right-of-way of said Ustick Road and the lOINI' OF BEGINNING: thence continuing North OO"S I '23" East parallel with the east line of said Section 36 a distance of 23.00 feet to a poinI48.00 feet north of the south line of said Section 36: ' thence South 89"19'43" Easl parallel with the south line of said Section 36 a distance of 20.00 feet: thence North 4S"45'50" 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 00"51'23" East parallel with and 37,00 feet west of the east line ofsald Section 36 a distance of 75.00 feet; thence North 06°34'00" East a distance of 120.60 feet to the existing west right-of-way line of said Meridian Road; thence South 00°51'23" West coincident with the west right-of-way line of said Meridian Road a distance of 217.96 feet; thence South 45.41'36" West a distance of 35.37 feet to a point on the existing north right-of-way linc of said Ustick Road; thence North 89"19'43 West coincident wilh the existing north right-of-way line of said Ustick Road a distance of 32.06 feet to the lOINI' OF BEGINNING, The above described parcel contains 3231 sq. ft. or 0.0740 acres, more or less and references Record of Survey No. 4958, Instrument No. 100030102, Records of Ada County,ldaho. Prepared by: W &: H Pacific, Inc. David S. Shan Jr. P.LS End of description. whpaclfiC.com planners surveyors engineers landscape architects EXHIBIT "B" . ..._0..0- )/30 South Owyhee Street Boise, Idaho 83705.4768 208.342.5400 Fax 201.342.5353 PIIJCOI Description 23 Foot Additional Right.of.. Way - Ustick Road A parcel ofland Jocate4 in the 881/4 ofSeetion 36, Township 4 North. Ranp 1 West, B.M.. as shown on Record of Survey No. 4958, Inalrument No, 100030102, Recorda of Ada CoImty,ldaho, being more panlcu1arty described IS follows: Commencing at a 3 1/4" aluminum cap marking Ihe SOUtheast comer of said Section 36, Township 4 NOJ1b, Range I West, 8.M.; thence North 8~19'43" West colneident with the south line of said Section 36, being also tho centerline of Ustick Road, a distaDce of82.00 feet; . thence North 00"5 I '23" East pll'allel with the east line of said SectIon 36 . diStaDCc of25,oo feet ~ the nortblioe of the existing right-of-way of8ald Ustick Road end the POINT OF BEGINNING; thence continuing North 00"51'23" East parallel with the east line of said Section 36 a distance of23,OO feet ~ a point 48.00' north of the south line of said Section 36; thence North 89"19'43" West parallel with and 48.00 feet nor1h oflho south line of said Secti0l136 a distance of 1981,81 feet ~ the west line ofParccl A as sbown on Record of SUrvey No. 3353. Instrument No. 95080508, Records of Ada County, Idaho; thence South 001148'53" West coincIdent with the west line of said Parcel A a distance of23.00 feet to the north right-of-way of said Ustick tOad; thence South 89"19'43" East coincident with the north right-of-way line of said Ustick Road a distance of 1982,79 feet to the POINT OF BEGINNING. . The above described parcel contains 45602 sq, tl or 1.0S acrÅ“, more or 1088 and references Record of Survey No, 4958, llI8tNment No. 100030102, and Record ofSuMy No, 3353, Instrument No, 95080508, Records of Ada CoWlty, Idaho. A field SIU'Ie)' by the regi8tnnt whose Dime and seal are affixed berewith was not performed to verify said Records of Survey boundllf)'. Prepared by. W a: H Pacific, Inc.