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ACHD Real Property TransferINTERAGENCY AGREEMENT FOR REAL PROPERTY TRANSFER This Agreement for Real Property Transfer ("Agreement") is made this day of � , 2016, between the City of Meridian (hereinafter "City") and Ada County Highway District (hereinafter "ACHD"), both parties being bodies politic and corporate of the State of Idaho. WITNESSETH Section 1. Recitals WHEREAS, City is a duly formed and existing city pursuant to the laws and Constitution of the State of Idaho; and WHEREAS, ACHD is a single County -wide highway district organized and existing under the laws of the State of Idaho, with the jurisdiction and authority over all highways in Ada County, Idaho, except for State highways and freeways; and WHEREAS, The Joint Project Interagency Agreement ("MSCII Joint Agreement") dated June 27, 2012, between ACHD, Meridian and MDC for the Meridian Split Corridor Phase Two Project ("Project") referred to the parcel of real property at the southeast corner of the intersection of Main Street and Fairview ("Parcel 162") and with regard to Parcel 162, the Agreement provided that upon completion of the Project, the ACHD Commission would consider the vacation and abandonment of Parcel 162 and if so vacated and abandoned, ACHD would convey Parcel 162 to the City of Meridian as surplus property without receipt of compensation. The Project is complete and City has expressed its desire to receive Parcel 162 from ACHD as described in the attached INTERAGENCY AGREEMENT FOR REAL PROPETY TRANSFER - 1 Exhibit "A" without payment of financial consideration per the MSCII Joint Agreement and also per the Agreement for Waiver of Costs and Fees between City and ACHD dated June 9, 2010 ("Cost & Fee Waiver Agreement"); and WHEREAS, ACHD is willing to transfer Parcel 162 to the City without receipt of financial consideration per the Joint MSCII Agreement and also per the Cost & Fee Waiver Agreement; and WHEREAS, Idaho Code § 50-301 authorizes the City to acquire real property in the name of the City; and WHEREAS, Idaho Code § 67-2322 authorizes ACHD to transfer or convey real property to the City without receipt of financial consideration if it is in the best interest of the public; and WHEREAS, Idaho Code § 67-2323 requires that prior to any conveyance of property, a written agreement shall be made; and WHEREAS, both City and ACHD desire to enter into such an agreement for the transfer of Parcel 162 to City by ACRD. NOW THEREFORE, in consideration of the premises, mutual covenants and agreements herein contained, and in consideration of the MSCII Joint Agreement and the Fee Waiver Agreement, the parties hereto agree as follows: Section 2. General Provisions A. ACHD agrees to transfer to City, Parcel 162 (the "Property"), which is described in Exhibit "A" without receipt of financial consideration, by execution of a Quitclaim Deed, a copy of which is attached hereto as Exhibit "B". INTERAGENCY AGREEMENT FOR REAL PROPETY TRANSFER - 2 � I 1 B. City agrees to accept the transfer of the Property described in Exhibit "A" from ACHD without payment of financial consideration. C. City and ACHD agree that the Property is transferred "AS IS" and that ACHD does not in any way give any warranties express or implied relating to the Property. D. ACHD shall publish Notice of the general terms of this Agreement a minimum of two (2) times in a newspaper of general circulation in the Idaho Statesman in accordance with Idaho Code § 67-2323, and such Notice shall give the time and place of the next regular or special meeting of each respective unit at which time the governing board of such unit proposes to consider this Agreement. E. Pursuant to Idaho Code § 67-2324, the transfer is contingent upon both the City and ACHD's governing boards' approval of the terms of this Agreement by two thirds vote of their members. IN WITNESS WHEREOF, the undersigned have caused this Agreement to be executed the day, month and year first set forth above A ATTE T: C.Jay Cokj, Meridian City Clerk CITY OF Tammy dP� rd, Mayor INTERAGENCY AGREEMENT FOR REAL PROPETY TRANSFER - 3 ADA COUNTY HIGHWAY DISTRICT ATTEST: 7 Bru 1�1�on�, it or INTERAGENCY AGREEMENT FOR REAL PROPETY TRANSFER - 4 Exhibit "A" Vacation to City of Meridian A parcel of land situated in Government Lot 4 of Section 7, Township 3 North, Range I East, Boise Meridian, Ada County, Idaho, More particularly described as follows: COMMENCING at a brass cap monument marking the northwest corner of Government Lot 4 of said Section 7 from which a brass cap monument marking the northeast corner of Government Lot 3 of said Section 7 bears N 89°35'34" E a distance of 2404.56 feet; Thence along the north line of said Government Lot 7, N 89°35'34" E a distance of 749.12 feet to a point; Thence leaving said north line, S 1024'26" E a distance of 62.00 feet to a'/z inch rebar on the northerly boundary of the parcel shown on Record of Survey Number 793 filed as Instrument Number 8548978, Official Records, Ada County, which depicts the Idaho State Highway System land no longer needed and abandoned to the adjacent owner described in the Official Minutes of the Idaho Transportation Board recorded as Instrument Number 8239581, Official Records, Ada County, Idaho, said point being the POINT OF BEGINNING. Thence along a line parallel with and measuring 62.00 feet south of the north line of said Government Lot 4, S 88°35'34" W a distance of 165.30 feet to a 5/8 inch rebar; Thence S 45°33'29" W a distance of 21.57 feet to a 5/8 inch rebar; Thence S 00'09'17" E a distance of 15.89 feet to a 5/8 inch rebar; Thence S 88'15'16" W a distance of 4.56 feet to a 5/8 inch rebar; Thence S 00'33'14' W a distance of 164.13 feet to a 5/8 inch rebar; Thence S 89°48' 16" E a distance of 11.23 feet to a'/z inch rebar on the westerly boundary of the parcel shown on said Record of Survey; Thence along said westerly boundary N 4°32'23" E a distance of 27.37 feet (formerly N 5°08'00" E, 27.23 feet) to a'/z inch rebar and the beginning of a curve, concave southeasterly, having a radius of 190.02 feet, a central angle of 79'59'12" and a long chord bearing N 45°12'51" E a distance of 244.25 feet (formerly Radius = 190,00, Central Angle = 80'11'18", LC = N45'13'39" E, 244.74 feet); Thence northeasterly, along the arc of said curve, 265.27 feet (formerly 265.91 feet) to the POINT OF BEGINNING. Said parcel contains 9270 square feet (0.213 acre) and is subject to any easements of record or in use. Prepared by: Brandon Johnson, PLS Ada County Highway District March 15, 2016 J N O MERIDIAN ROAD T3N, R1 W N T3N, R1 E ` a, MAIN STREET - - N �- o bo cn lc rTj J 500'33'14"W 164.13' m w r -i • Iw----ar----"n'----Iw--- 0 • N Z J O Y Z w� J N —1 _ I N 0 i W wom Dm0 I t m O= n�ym oOm� rn W IC4 0 ii 11 it p0om yon it N v �Ncno Ioo N Ii JANE? Ln Z� N W E5 Cn Cl I CA N I� 1� m N I `Q o D O_ C� Z "I M O m r D ul m Orn G) mp z C -n 0 D z z N (� G) m W n O 62 I 1 1 I ISI UBW --I f- Y Z —1 _ _0 z 0 W m = C wom Dm0 Z �Z O= n�ym oOm� �� W r p0om yon 0m -n K cn Cn E5 z- Resolution No. 2161 T3N, R1 E, Sec. 7 QUITCLAIM DEED CONVEYING PUBLIC RIGHT OF WAY THIS INDENTURE, made this day of , 2016, Ada County Highway District, a body politic and corporate of the State of Idaho, the "GRANTOR", and The City of Meridian, the "GRANTEE"; WITNESSETH: FOR VALUE RECEIVED, GRANTOR does by 1 se presents convey, remise, release and forever quitclaim unto GRANTEE all rig h ti nd interest of GRANTOR in the real property situated in the COUNTY OF STATE OF IDAHO, as more particularly described on Exhibit "A" attached h this reference made a part hereof (hereinafter the "Right -of -Way"). SUBJECT TO easements of the public right-of-way which rights of this Indenture (for sewer, gas, v electrical and telephone lines and licenses for telecommunications41T of this Indenture. GRANTEE is such pipelines, lines andd itchs Drd�st Aory rights of utilities and districts to be in bein a ised in the Right -of -Way as of the date pelines and their appurtenances, for ani at�and drainage ditches), and subject to in place in the Right -of -Way as of the date 11 . for costs of any relocation or replacement of TO HAVE AND LD fl�e same unto the GRANTEE and to Its successors and assigns forever. The current address of GRANTEE is: City of Meridian 33 E. Broadway Ave. Meridian, ID 83642 Page 1 of 2 Version: 5120108 IN WITNESS WHEREOF, this Quitclaim Deed has been duly executed by and on behalf of GRANTOR this day of , 2016. Attest: Bruce S. Wong, Director State of Idaho ) ss. County of Ada ) On this day of personally appeared Ker Board of Commissioned or identified to me to b executed this instrument ADA COUNTY HIGHWAY DISTRICT Z Kent Goldthorpe, President . X � r. , in the year 2016, before me, N ipNotary Public in and for the State of Idaho, kn n or identified to me to be the President of the my Highway District, and Bruce S. Wong, known 11 Jf the Ada County Highway District, the persons who said Highway District for the purposes therein stated. 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 , Idaho My Commission expires: Page 2 of 2 Version: 5120108 November 07, 2016 City of Meridian 33 E. Broadway Ave. Meridian, ID 83642 Attention; Emily Kane Kent Goldthorpe, President Paul Woods, Vice President Rebecca W. Arnold, Commissioner Sara M. Baker, Commissioner Jim D. Hansen, Commissioner Re; Resolution Number 2161 - Consenting to a Real Property Transfer Agreement between the City of Meridian and ACHD, and accepting a Quitclaim Deed for the transfer of the ACHD property proposed portion of right-of-way located at the southeast corner of Main Street and Fairview Avenue to the City of Meridian. Dear Ms. Kane Attached you will find the Documents for signature pertaining to your vacation in preparation for the proposed Main Street and Fairview Avenue to the City of Meridian.. On Wednesday November 2nd, 2016 at 12 pm, the matter was heard, in the ACHD auditorium, 3775 Adams Street, Garden City, Idaho 83714, this item was considered on the Consent Agenda for adoption of Resolution Number 2161. The purpose of this notification is to inform you of the status, The Consent Staff Report is provided for retention in your files. The Public Hearing for final approval of the vacation was approved. The following documents are attached. 1. Original, Interagency Agreement for Real Property Transfer, signed by, Bruce S. Wong, Director and Kent Goldthorpe, President. ( This document needs signatures from, City of Meridian, Tammy de Weerd, Mayor and C. Jay Coles, City of Meridian). Please sign and return. 2. Copy of the Resolution No. 2161, for your records. ( original to be recorded on 11-7-2016). 3. Copy of the Quitclaim Deed, (Original to be recorded after your Nov. 9th, 2016 meeting for approval). 4. Copies of the Resolution no. 2155 and Quitclaim Deed for resolution no. 2155, retain for your records. Please call me if you have any questions, 208-387-6266 Sincerely, ADA COUNTY HIGIVAY DISTRICT Sue Linthicum Right -of -Way Technician Haa county riignway District • 3775 Adams Street • Garden City, ID • 83714 • PH 208 387 6100 • FX 345-7650 • www.achd.ada.id.us