Loading...
23-2374 Deed and Termination of Well Site Lease Agreement KB HOME Idaho, LLC. Inst. Reference Reso. 23-2375 CITY OF MERIDIAN RESOLUTION NO. 23-2374 BY THE CITY COUNCIL: BORTON, CAVENER, HOAGLUN, OVERTON, PERREAULT, STRADER A RESOLUTION APPROVING DEDICATION DEED AND TERMINATION OF WELL SITE LEASE AGREEEMENT; AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE, ATTEST,AND RECORD SAID INSTRUMENT; AND PROVIDING AN EFFECTIVE DATE. WHEREAS,the City of Meridian("City") and KB Home Idaho, LLC ("Developer") are parties to that certain Well Site Lease Agreement("Lease")recorded in the real property records of Ada County, Idaho, as Instrument No. 2015-056405; and, WHEREAS,Developer now wishes to convey its interest in Lot 1 in Block 7 of Graycliff Estates Subdivision No. 2 ("Well Lot") to City for use as a municipal well site; and, WHEREAS, once the Well Lot is conveyed to City, the Lease shall terminate; and, WHEREAS,the Dedication Deed and Termination of Well Site Agreement("Dedication Deed"), which is attached hereto, conveys said Well Lot to City; NOW, THEREFORE,BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF MERIDIAN, IDAHO,AS FOLLOWS: Section 1. That the Dedication Deed is hereby approved as to form and content. Section 2. That the Mayor and City Clerk be, and hereby are, authorized to execute and attest, respectively, said Dedication Deed for and on behalf of the City. Section 3. That the City Clerk is hereby directed to timely record the Dedication Deed in the real property records of Ada County, Idaho. Section 4. That this Resolution shall be in full force and effect immediately upon its adoption and approval. ADOPTED by the City Council of the City of Meridian, Idaho, this 21 st day of February 2023. APPROVED by the Mayor of the City of Meridian, Idaho, this 21 st day of February 2023. APPROVED: ATTEST: Mayor Robert E. Simison Chris Johnson, City Clerk RESOLUTION APPROVING DEDICATION DEED AND LEASE TERMINATION PAGE I OF I ADA COUNTY RECORDER Trent Tripple 2023-010564 BOISEIDAHO Pgs=3 NIKOLA OLSON 02/22/2023 09:55 AM Recording requested by,retum to, CITY OF MERIDIAN, IDAHO NO FEE and mail t",statements to: City of Meridian C/O Public Works Department 33 E.Broadway Ave. Meridian,Idaho 83642 (Above Space for Recorder's Use Only) DEDICATION DEED AND TERMINATION OF WELL SITE LEASE AGREEMENT (Ada County Instrument No. 2015-086405) KB Home Idaho LLC,a Delaware limited liability company("Developer"); does hereby dedicate and convey unto: City of Meridian, an Idaho municipal corporation ("City"), whose address is C/O Public Works Department, 33 E. Broadway Ave., Meridian, Idaho 83642; all of Developer's right, title and interest in the following real property (the "Property"), subject to the provisions of this instrument: Lot I in Block 7 of Graycliff Estates Subdivision No. 2, according to the official plat thereof recorded in the real property records of Ada County, Idaho as Instrument No. 2022-090872. The Property will remain subject to all encumbrances of record, including those identified on the plat of Graycliff Estates Subdivision No. 2. Developer covenants to City that the Property is free from encumbrances done, made or Suffered by Developer, or any person claiming under Developer,except(a)general taxes and assessments for the current year that are not yet due and payable; (b) matters of record or appearing from a careful inspection of the Property; and(c) matters arising from the acts or omissions of City or its agents. Developer and City are parties to that certain Well Site Lease Agreement recorded in the real property records of Ada County, Idaho as Instrument No. 2015-086405 (the"Well Site Lease")that encumbers the Property. Developer and City agree that as of the Effective Date, the Well Site Lease shall merge into the fee simple estate and terminate. DATED effective as of the date this Dedication Deed is recorded in the real property records of Ada County, Idaho. end of text; counterpart signature pages follow DEDICATION DEED AND TERMINATION OF WELL SITE LEASE PAGE I OF 3 COUNTERPART SIGNATURE PAGE "Developer" KB HOME IDAHO LLC,a Delaware limited liability company By: Thomas M. Coleman, Jr., President STATE OF IDAHO } } ss County of Ada ) This record was acknowledged before me on J19NWO!l I-O Ll by Thomas M. Coleman, Jr. as President of KB Home Idaho LLC. otary Public SABRINA DURTSCHI COMMISSION#46693 NOTARY PUBLIC STATE OF IDAHO MY COMMISSION EXPIRES 04/27/2024 DEDICATION DEED AND TERMINATION OF WELL SITE LEASE PAGE 2 OF 3 COUNTERPART SIGNATURE PAGE "City" CITY OF MERIDIAN,an Idaho municipal corporation By: Robert E. Simison, Mayor 2-21-2023 Attest: Chris Johnson,City Clerk 2-21-2023 STATE OF IDAHO } }ss County of Gem ' } This record was acknowledged before me on 2-21-2023 by Robert E. Simison and Chris Johnson, as Mayor and City Clerk, respectively,of the City of Meridian. Notary Public Residing in Meridian,Idaho My Commission Expires: 3-28-2028 DEDICATION DEED AND TERMINATION OF WELL SITE LEASE PAGE 3 OFa