HomeMy WebLinkAboutSale & Purchase Agreement with Ada County Highway District ACHD for Right of Way~~
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CHD
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January 6, 2006
Sharon Smith
Deputy City Clerk
City of Meridian
33 East Idaoh Avenue
Meridian, ID 83642
Re: Road Impact Fee Offset Agreement No. IFA-23-02
Meridian Park
Ustick and Meridian Road -Right-of-Way
Dear Ms. Smith,
John S. Franden, President
Carol A. McKee, 1st Vice President
David Bivens, 2nd Vice President
Sherry R. Huber, Commissioner
Rebecca W. Arnold, Commissioner
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CITY OF MERIDIAN
CITY CLERK OFFICE
Enclosed is Ada County Highway District check # 47410 in the amount of $2500.00 as payment in full for the
value of qualifying right-of-way dedication as set forth in the referenced Road Impact Fee Offset Agreement.
Also enclosed for your records are copies of the following documents:
1. Road Impact Fee Offset Agreement No. IFA-23-02 dated JDecember 28, 2005 setting forth conditions of
agreement in the amount of $ 2500.00.
2. Recorded Warranty Deed
3. City of Meridian Ordinance No. 05-1203
This concludes the requirements of IFA-23-02. Thank you for your consideration in this matter.
Sincerely,
~ ~~-~'`O
Nan Hills
Administrative .
Enclosures:
1.
2.
3.
4.
Assistant
ACHD Check No. 47410 the amount of $ 2500.00
Road Impact Fee Offset Agreement No. IFA-23-02
Wattanty Dee
Ordinance 05-1203
Ada County Highway District • 3775 Adams Street • Garden City, ID • 83714 • PH 208 387 6100 • FX 345-7650 • www.achd.ada.id.us
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 D STRICT ("ACRD") 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 "ACRD" 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 ACRD 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 ACRD 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, ACHD 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 ACRD 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 ACRD 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 ACRD
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. ACRD 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)
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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. Binding 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 ACRD 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 ~~__
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The Honora a ayor Tammy de Weerd
Title: Mayor of th ity of Meridian
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Atteste ~ ~
William Berg `';i °'~
Title: City Clerk ~ .,~ ,,<
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Sale and Purchase Agreement - 3 ~,, `'~ ~-"°
S:IDSTECH\IFA AGREEMENTS\IFA AGREEME~I~lr$?lFA-23x02-City of Meridian.doc
ADA COUNTY HIGHWAY DISTRICT
By -
Gary Insel an
Title: Impact Fee Administrator
State of Idaho
County of Ada
ss.
On this ~~ day of ~~~-~~=~1,l~a~V 2005, before me,
,~F~~,y~n ~~,~M .}-(,t , a Notary Public in and for the State of
Idaho, personally appeared The Honorable Mayor Tammy de Weerd,~ o_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. ~
IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official
seal the day and year in this certificate first above written.
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~~ C~ ~ ~Y1 ~l ,~ ~ ,~
Notary Public for the State of Idaho
Residing at 1~'1,~~;~nt~~,~rt~ Idaho
My Commission expires I(;--; ~; - r I
Sale and Purchase Agreement - 4
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IFA-23-02
T4N R1 W Sec 36
ADA COUNTY RECORDER J. DAVID NAVARRO AMOUNT .00 ~
801SE IDAHO 01106106 01:50 PM
RECORDEDe REQUEST OF III IIIIIIIIIIIIIIIIIIIIIIIIIII~~II III
Ada County Hlphway District 106002090
EXHIBIT "1"
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WARRANTY DEED
THIS INDENTURE, made this ~ day of dd.9-«^ b~. 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:\DSTECMIFA AGREEMENTS\IFA AGREEMENTSIIFA-23-02-City of Meridian.doc
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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
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The oraq~~ r T de Weerd
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Attested: ~~- ~ ~~ +
William Berg ~ ~~ ~ , `
Title: City Clerk ~ ~`~ -
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State of Idaho )
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County of Ada )
On this Z%~~v day of ~~~%C~~l~~~l /a~: t 2005, before me,
`~,~~lc~~l ~ y-i ,~ j ~,~, rt:'_-_, a Notary Public in and for the State of
Idaho, personally appeared rYl0..~-~~, ic~.-v~.~-~~~~, ~. c~ (,~~c7,,c~ iL~Ir:I, 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 j
~ , -. _~-
Cor oration executed the same. ~ ~'
IN WITNESS WHEREOF, I have her\eunto set my hand and affixed my official
seal the day and year in this certificate first above written.
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' oT,+~~',¢•, Notary Public for the State of Idaho
' Residing at ~ ~~'~'?./; (f~<~~_~~ Idaho
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My Commission expires ~ /' -; '-- ' ~
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Sale and Purchase Agreement - 7
(10/28/02)
S:\DSTECH\IFA AGREEMENTSIIFA AGREEMENTS\IFA-23-02-City of Meridian.doc
EXHIBIT "A"
t
3130 South Orryhee Street
Boite, Idaho 13105ai61
10i1.3~2.5~00
Fox 101.31.5353
Ay,.1,.IA,R6"7
Paril Description
A parcel of land located in the SEl/4 of Section 36, Township 4 North, Range 1 West B.M., as shown on
Rxord of Survey No. 4938, Inswment No. 100030102, Rtxxxds of Ada Connty, Idaho, being rttote
partinrlarly described as follows:
Commencing at a 3 1/4" aluminum cap marking the souUxaat corns of said Section 36, Township 4 North,
Range 1 West. H.M.;
thence North 89°19'43" West coincident with the south lino of said Section 36, being also the interline of
Usdck Road, a diaunt of 62.00 fat;
thence North 00°51'23" East parallel with the east line of acid Section 36 a distance of 25.00 fat to the
north line of the existing right~of--way of acid Usdck Road and the 1POiN7' OF BEGINNING;
thence continuing North 00°51'23" Eut parallel with the cast line of said Section 36 a distance of 23.00
feet to a point 48.00 fat north of the south line of said Section 36;
thence South 89° 19'43" East parallel with the south line of said Section 36 a distance of 20.00 fat;
thence North 45°43'50" East a distance of 35.41 fat to a point 37.00 fat wit of the east lino of said
Section 36 and the interline of Meridian Road ; `
thence North 00°51'23" East parallel with and 37.00 fat went of the coat line of acid St:ction 36 s distant
of 75.00 feet;
them North 06'34'00" East s distant of 120.60 fat to the existing west tight-o[ way Gne of asid
Meridian Raad;
them South 00°51'23" West coincident with the westtight-of--way line of said Meridian Road a distant
of 217.96 feet;
thence South 4S°41'36' West a distance of 35.37 feet to s point on the exiadng north right-of-wsy line of
said Usdck Road;
thence North 89° 19'43 Wit coincident with the existing north right~of-way line of said Ustick Roed •
distant of 32.06 fat to the YOIN1' OF BEGINNING.
The above described parcel contains 3231 sq. ft. or 0.0740 acres, more or Iwo and reftxertcea Record of
Survey No. 4956, inswment No. 100030102, Record of Ads County, Idaho.
whpaclfic.com planners surveyors engineers landscape architects
Prepared by: W do H Pacific, Inc.
EXHIBIT "B"
3130 Sooth Orryhee Street
8oiss, Idaho 83105.4168
208.342.5400
Fu 201.342.5353
Parcel Description
23 Foot Additional Righbof--Way -UaNck Road
A parcel of land fixated is the SBl/4 of 3ecdoa 36, Townaldp 4 North, Raags 1 Weet, B.M., a shown on
Record of Sorvey No. 4958. Lutruraerrt No. 100030102, Reoorda of Ada Comrty, Idaho, being more
particularly deaaribed as follows:
Commencing at a 3 114" aluminum pP marking the souQteast t:arrter of asid Secdon 36, Township 4 Narth,
Rmge 1 West, B.M.; .
thane North 89°19'43" Walt coincident with the south Tine of said Battier 36, being also the centerline of
Uatick Road, a diatancs of 82.00 ~
thence North 00°S 1'23" East paraUe! wtth the east line of said Section 36 a distance of 23.00 feet to the
north line of the existing fight-of-way of said Uatick Road sad Wa POi1VT OF BECIlY1VING;
thence continuing North 00°S 1'23" East parallel with the east line of said 3ectioa 36 a distaaoe of 23.00
fat tD a pokrt 48.00' north of the souk Isla of acid Secdon 3ti;
thence North 89° 19'43" West parallel with and 48.00 fat nortlr of the south Tine of said Section 36 a
distance of 1982.81 feet to the west line of Parcel A a shown on Rawr~d of Survey No. 3353. Inahurnent
No. 93080308, Records of Ada County, Idaho;
thet-ce South 00°48'33" Wdt eolaeldem wlth the weal ih~e of said Parcel A a distance of 23.00 feat to the
north right-of-way of said Uadck road; .
thence Sontb 89° 19'43" Eert coincident with the north fight-of-way line of said Uati~els Road a distance of
1982.79 fat to the POiN'T OF BEGn+INING.
The above described parcel contains 43602 sq. tR oc 1.03 aaa, mom or lea and re&rences Record of
Survey No. 4938, Instruntene No. 100030102, and Record of Survey No. 3333, Ins~vmart No. 93080308,
Records of Ada County, Idaho. A fYald survry by the regisbrard whoea name and seal are afPoced herewith
was not performed to vasty asks Records of Survey boundary.
prepared by: W dE H PacitIc, Inc.
CITY OF MERIDIAN ORDINANCE NO. ~ ~ ~. ~~ ~ '3
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. 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 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 ACRD Page I 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 C~f'h ~~y , 2005.
['~
APPROVED by the Mayor of the City of Meridian, Idaho, this y ~ day
of G-e h'y~ , 2005.
APPROVED:
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CITY CLERK ~1' p ~:3'
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ORDINANCE AUTHORIZING CONVEYANCE KEAL PROPERTY T'G ACHD rage 2 of 2