HomeMy WebLinkAboutAgreement to sell Real Property with Otter, John V. and June S. Co-Trustees
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AGREEMENT
THIS AGREEMENT, Made and entered into this ~~~ day of
September, 1995, by and between JOHN O. OTTER and JUNE S. OTTER,
Co-Trustees of the JOHN V. and JUNE S. OTTER TRIIST under Trust
Agreement dated October 8, 1991, parties of the first part,
hereinafter called "Sellers", and the CITY OF MERIDIAN, IDAHO, a
municipal corporation of the State of Idaho, party of the second
part, hereinafter referred to as "Buyer",
W I T N E S S E T H:
WHEREAS, Sellers are the owners of certain real property
situated in Ada County, Idaho, more particularly described in
Exhibit "A", which is attached hereto and incorporated herein as if
set forth in full, and have agreed to sell the real property to
Buyer; and
WHEREAS, Buyer has agreed to purchase Sellers' above described
real property; and
WHEREAS, irrigation water is provided to the property owned by
Sellers by the Nampa and Meridian Irrigation District, which acts
as agent for the United States Bureau of Reclamation; and
WHEREAS, either the Nampa and Meridian Irrigation District or
the United States Bureau of Reclamation, or both, have notified
Sellers as-the landholder with the Nampa and Meridian Irrigation.
District, that Sellers have been assessed compensation charges
because, allegedly, Sellers received project water without proper
AGREEMENT, Page 1.
forms on file complying with the Reclamation Reform Act of 1982;
and
WHEREAS, Sellers have protested this assessment; and
WHEREAS, Buyer has no present knowledge, information or
interest in the assessment and desires not to be involved in it
whatsoever; and
WHEREAS, Sellers have tenants which have leased the
agricultural portion of the property who have their own well
equipment on the property and another tenant that has leased the
house on a month-to-month basis for a period of years; and
WHEREAS, Sellers have personal property stored in some of the
outbuildings on the property,
NOW, THEREFORE, IT IS HEREBY AGREED BY AND BETWEEN THE SELLERS
AND BUYER AS FOLLOWS:
1. Sellers shall pay the alleged assessment due in the full
amount that is claimed by the United States Bureau of Reclamation
or the Nampa and Meridian Irrigation District, and Sellers will pay
all costs and expenses related thereto, including any attorneys
fees, costs and interest assessed at the time of closing of the
sale, and shall be responsible for and shall pay any further
assessments which arise, or arose, during the time that Sellers
owned the real property. Additionally, Sellers shall indemnify
Buyer for all expenses, costs, or attorneys fees that Buyer may.
incur that relate to the time period that Sellers owned the real
property.
AGREEMENT, Page 2.
2. That the City of Meridian will be the owner of the
property after the closing of the sale between the Sellers and the
Buyer, and in the event that the United States Bureau of
Reclamation or the Nampa and Meridian irrigation District refunds
any portion of the assessment that has been paid by Sellers, Buyer
shall forward any sum received form the United States Bureau of
Reclamation or the Nampa and Meridian Irrigation District to
Sellers within twenty (20) days of receipt thereof. Further, Buyer
shall be responsible for, and pay all Bureau of Reclamation or
Nampa and Meridian Irrigation District assessments and water
charges which are made against the real property after the date of
closing.
3. That it is understood between the parties hereto that
Kenneth L. Aschenbrenner and Sharon Aschenbrenner, husband and
wife, are the owners of the irrigation pump, including the switch
gear, piping, fertilizer tank and all other appurtenances relating
to the irrigation well on the premises and that it is not Sellers,
and that their lease is being assigned to Buyer.
4. That it is further understood between the parties that the
Sellers have certain personal property stored in some of the
outbuildings on the premises. It is agreed that the Sellers shall
have until March 1, 1996, to remove all of the said personal
property from the premises.
5. That it is understood that Owen Bartlett, a single man, is
presently leasing, on a month to month basis, the house and
AGREEMENT, Page 3.
F
STATE OF IDAHO )
ss.
County of Ada )
0~
On this ~ day of September, 1995, before me, the
undersigned, a Notary Public in and for said state, personally
appeared JOHN V. OTTER and JUNE S. OTTER, husband and wife, known
to me to be the Trustees of the JOHN V. and JUNE S. OTTER TRUST,
and known to me to be the persons who executed this instrument, and
acknowledged to me that they 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.
No~;,~x`y Public for Idaho
Reding at Boise, Idaho
My Commission Expires: ~ -/ 7-l~`1
STATE OF IDAHO
~ ss.
County of Ada ~ )
On this 2 ~ day of September, 1995, before me, the
undersigned, a Notary Public in and for said State, personally
appeared GRANT P. KINGSFORD and WILLIAM G. BERG, JR., known to me
to be the Mayor and City Clerk respectively of the City of
Meridian, Idaho, who executed this instrument, and acknowledged to
me that the City of Meridian 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. ~--~
. ~G~1~
Not Publi for Idaho
Re ing at ~ Idaho
My Commission Expires: `3-~7-5'`J
AGREEMENT, Page 5.
EXHIBIT "x~"'
File Number. P141665
PARCEL 1:
THE EAST HALF OF THE SOUTHWEST OUARTER OF THE SOUTHEAST QUARTER (E1 /2SW1 /4SE1 /4) OF
SECTION 36, TOWNSHIP 4 NORTH, RANGE 1 WEST, B.M.;
PARCEL 2:
THE SOUTHEAST OUARTER OF THE SOUTHEAST OUARTEA (SE1/4SE1/4) OF SECTION 36, TOWNSHIP 4
NORTH, RANGE 1 WEST, B.M., EXCEPTING THEREFROM THE FOLLOWING PARCEL SOLD TO M.A.
REGAN:
BEGINNING AT A STONE SET BY C.C. STEVENSON, COUNTY SURVEYOR, AT THE NORTHEAST CORNER
OF THE SE1 /4SE1 /4 OF SAID SECTION 36, RUNNING THENCE
WEST A DISTANCE OF 743 FEET, THENCE
SOUTH A DISTANCE OF 201 FEET, THENCE
EAST A DISTANCE OF 743 FEET, THENCE
NORTH A DISTANCE OF 201 FEET TO THE PLACE OF BEGINNING.
PARCEL 3:
A TRACT OF LAND SITUATED IN THE SE1 /4 SE1 /4 OF SECTION 36, TOWNSHIP 4 NORTH, RANGE 1
WEST, B.M. (BEING A PORTION OF THE EXCEPTED PARCEL REFERRED TO IN THE DESCRIPTION OF
PARCEL 2 ABOVE), MORE PARTICULARLY DESCRIBED AS FOLLOWS:
BEGINNING AT A POINT ON THE NORTH BOUNDARY OF THE SOUTHEAST QUARTER OF THE
SOUTHEAST QUARTER (SE1 /4SE1 /4) OF SECTION 36, TOWNSHIP 4 NORTH, RANGE 1 WEST, B.M., FROM
WHICH THE NORTHEAST CORNER OF THE SAID SE1 /4SE1/4, A STONE, BEARS
NORTH 89 DEGREES 53' EAST 460 FEET DISTANT; THENCE
SOUTH 89 DEGREES 53' WEST, 283 FEET ALONG THE NORTH BOUNDARY OF THE SAID SE1 /4SE1 /4;
THENCE
SOUTH PARALLEL WITH THE EAST BOUNDARY OF SAID SECTION 36, A DISTANCE OF 201 FEET;
THENCE
NORTH 89 DEGREES 53' EAST, 283 FEET PARALLEL WITH THE NORTH BOUNDARY OF THE SAID
SE1 /4SE1 /4; THENCE NORTH, PARALLEL WITH THE EAST BOUNDARY OF SAID SECTION 36, A DISTANCE
OF 201 FEET TO THE PLACE OF BEGINNING.
EXCEPT FROM SAID PARCEL 2 THAT PORTION CONVEYED TO ADA COUNTY HIGHWAY DISTRICT FOR
PUBLIC RIGHT-OF-WAY BY DEED RECORDED UNDER INSTRUMENT NO.9127819.
AND EXCEPT ANY OTHER PORTION OF SAID PARCELS 1, 2 AND 3 LYING WITHIN THE RIGHT-OF-WAY
FOR MERIDIAN AND USTICK ROADS.
END OF LEGAL DESCRIPTION