HomeMy WebLinkAbout05-1203 Real Property Conveyance Settlers Park ROW SaleCITY OF MERIDIAN ORDINANCE NO.
D~-/2o3
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 U5TICK
AND MERH)IAN ROADS IN THE CITY OF MERH)IAN; 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 PROVH)ING
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. OS-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 MERH)IAN, H)AHO:
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 l 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 (1) 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 ~~~i'h /d~v , 2005.
APPROVED by the Mayor of the City of Meridian, Idaho, this r/ ~ day
of a C~ N'i~ , 2005.
APPROVED:
ATTEST:
~.~/
CITY CLERK
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ORDINANCE AUTHORIZING CONVEYANCE REAL PROPERTY TO ACHD Page 2 of 2
lFi4-23-02
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.
(b) The term "Closing Date" shall mean , 20 .
(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
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2.2 In furtherance of its responsibility, for the purchase price and on the terms
and conditions hereinafter set forth, ACRD desires to purchase the Property from Seller
and Seller is willing to sell, grant, and convey the same to ACHD.
SECTION 3. Agreement 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: Closing• 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 pertormance 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.
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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. Bindina 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 Agreement. 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 Honora a ayor Tammy de Weerd
Title: Mayor of th ity of Meridian
G ~~cAro~gT~~ S- Z 3
Attested•
William Berg - r~~ _
Title: City Clerk y 5~~ ~~,U'
Sale and Purchase A reement - 3 y, ~~
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ADA COUNTY HIGHWAY DISTRICT
BY
Gary Inselman
Title:ImpactFeeAdministrator ~ '~'~'
State of Idaho
~ ss.
County of Ada )
1
On this ~-~I day of ~G°/w\,~> 2005, before me,
~f~a,r~ ~~' ~nn.~k(n a Notary Public in and for the State of
Idaho, personally appeared The Honorable Mayor Tammy de Weerd,~ ~no_wn 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.
C~.~ ~ G~~~ CIR.iLK~ 1,~~'I I,li.~ rn C; , I~ae ~' ~~ ~ ~• ;
IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official
seal the day and year in this certificate first above written.
<) ~
_ V Y i (Ul uY1 n ,~~-~-(,~
Notary Public for the State of Idaho
Residing at i~'I,Q.I,Inc~T , Del Idaho
My Commission expires h ~iS-II
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EXHIBITS
"1" Deed, with legal description of Property.
Sale and Purchase Agreement - 5
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IFA-23.02
T4N R1 W Sec 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";
W ITNESSETH:
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
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IN WITNESS WHEREOF, this WARRANTY DEED has been duly executed by:
GRANTOR, the day, month, and year herein first above written.
City of Meridian
William Berg
Title: City Clerk
State of Idaho )
ss.
County of Ada )
~c~' ,~~d ~ °~' ` ''r.
«.,
~~~'~a~nn mm,a`~
de Weerd
On this 20'"~ day of ~~Ni/~'L/ae~ 2005. before me-
r~(~IaAc-vt,~-,~r/Z~--~ a Notary Public in and for the State of
Idaho, personally appeared i~10.t,~v'"Tarv~m;.< r~P 1,~~(~exc~ (1 nrl, nown 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. \ • ~ y/
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 `~}'YLc, L%v ~ Idaho
My Commission expires /~- /~'-/(
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EXHIBIT "A"
3110 South Owlhte Street
Boise, Idaho 87705.4168
108.341.5400
Faz lOB.342.S3S3
AMM./R?61
Parcel Descripllon
A parcel of land located inthe SEI/4 of Section 36, Township 4 Nosh, Range 1 West, B.M., as shown on
Record of Survey No.4958, Instrument No. 100030102, Records of Ade County, Idaho, being mort;
particularly described u follows:
Commencing ale 3 1/4" aluminum cap marking the southeast wmer afsoid Section 76, Township4 North,
Range 1 West, B.M.;
(hence North 89°19'43" West coincident with the south Ilrie of sold Section 36, being also the centerlinn of
Ustick Road, a distance of 82.00 feet, .-
thence North 00°5]'23" East parallel with the east line of said Section 36 a distance of 25.00 feet to the
nosh line of the existing right-of-way oCaaid Ustick Road and tha YOiNT Op BEGINNING;
thence continuing Noah 00°51'23" Eesl parallel with the cast Ilne of sold Senion 36 a diatence of 23.00
fen to a point 48,00 feet north of the south line of aafd Section 36;
thence South 89° 19'43" East parallel with the south line of said Section 76 a distance of 2D.00 feet;
thence NoM 45°45'50" Fast a distance of 35.41 feet m a poinl77.00 feet west of the asst line of said
Senion 76 and the centerline of Meridian Road ; `
thence Nosh 00°5l'23" East parallel with and 37.00 feet west of the east lute of said Section 36 a distenee
of 75.00 feet;
then« North 06°34'00" East n distance of 120.60 feel m Ne existing west righFOf-way lino of asid
Meridian Roed;
thence South 00°51'23" West coincident with the west rightof-way line of said Meridian Road a diatana
of 217.96 (eat;
thence South 45°41'36' Wesl a distance of 75.37 feet to n point on the existing nosh right-of-way line of
said Usdck Roed;
thence North 89°l9'43 West wincident with the existing north right•of-way line of said Ustick Roed e
distance of 32.06 feet to We POINT OF BEGINNING.
The above described parcel contains 3231 sq. ft. or 0.0740 ecres, more or less end rtferences Record of
Survey No. 4958, instrument No. 100030102, Records of Ada County, Idaho.
whpaeilic.cbm planners surveyors engineers landscape erchdecls
Prcparcd by: W & H Pacific, Inc.
EXHIBIT "B"
3130 South Owyhee Strtet
Boite, Idaho 83105.4168
208.342.5400
Fax 208.342.5353
Parcel Description
23 Foot Additional RighWf--Way -Uslick Road
A panel otland located in the 581/4 of Section 76, Township 4 NoM, Range 1 Went, B.M., es shown on
Rewrd of Survey No. 4955, Instrument No. 100030102, Records oCAde Coumy, Idaho, being more
particularly desarlbed ae follows: .
Commencing at a 3 I/4" alumumm rsp marking the southeast comer of said Sactlon 36, TownaMp 4 North,
Rsnge 1 West, B'.M.;
Nance North 59°19'43" West wineident with the south Iine ofaaid Secton 36, being also the crnterline of
Usdck Rood, a distance of 82.00 feet; '
Nance North 00°51'23" East parallel with Ne east lino of acid Section 36 a distance of 25.00 fat W the
north.line ofthe exlsUngright-of--way of Bald Uetick Road end Na POINT OF BEClNNiNC;
thrnce continuing North 00°51'23" East parellel wiN Ne east line of said Sation 36 a dlatrna of 23.00
fat m e point 48.00' north of the aouN Ilne of said Section 36;
Hence NoM 89°19'43" West parallel w1N end 48.00 Ret north ofihe souN line of Bald Section 36 s
dietnnce of 1982.81 Rat ro the west Gne of Parcel A ae shown on Record of Survey No. 3353, Instrument
No. 95080508, Raorda of Ada County, Idaho;
Nenca SouN 00°48'53" West colncldent w1N Newest line of said Parcel A a distance of 23.00 fat to Ne
norN righFOf--way of said Uatick road; „
Nrnca SouN 89°19'43" East colncldrnt wiN the nosh rightoC--way line of nid UsNck Road s distance of
!982.79 Cat ro 0te POINT OF BEGH~INING.
The sbova desmibed panel contains 45602 aq. R or 1.05 acres, rnore or less and reRrrnces Record of
Survey No. 4958, laetrument No. 100030102, end Record of Svrvey No. 3353, Instrumrnt No. 95080508,
Recenla of Ada County, Idaho. A field survey by the «giatrent whose name and seal are affixed herewiN
was not performed to verify acid Raords of Survey boundary.
Prepared by. W & H Paeltic, lee