Road Impact Fee Offset Agreement with ACHDCL O GCC2 ~ L GUGC C ~ ~~'GC~
Sherry R. Huber, President 318 East 37th Street
.1utly Neavey-Derr, Vice President Garden City, Idaho 83714-6499
Marlyss Meyer Routson, Secretary Phone (208) 387-6100
Dave Bivens, Commissioner Fax (208) 387-6391
Susan S. Eastlake, Commissioner E-mail: tellusCa achd.ada.id.us
DATE RECORDED 9/30/99
INSTRUMENT # 99097035
BOOK #
PAGE(S) #
ROAD IMPACT FEE OFFSET AGREE1vIENT
NO. IFA-104-99
BENEFIT ZONE: WEST ADA
PROJECT NAME: MERIDIAN FIRE STATION
DEVELOPER CITY OF MERIDIAN
WILL BERG CITY CLERK
33 EAST IDAHO
MERIDIAN, IDAHO 83642
(ADDRESS IF DIFFERENT FROM APPLICANT)
PROJECT LOCATION: FRANKLIN
This Agreement is entered into this ~ day of ~o~/r,~ h.,; 199 by and between the ADA COUNTY
HIGHWAY DISTRICT, a Body Politic and Corporate of the State of Idaho, acting by and through its
authorized representative and:
CITY OF MERIDIAN
(Name of Applicant(s)
82-6000225
(Social Security # or Tax ID #)
whose current mailing address is (SEE ABOVE, for the purpose herein below stated:
I. ACRD ORDINANCE NO. 188: ON FEBRUARY 10, 1993, THE ADA COUNTY
HIGHWAY DISTRICT APPROVED ORDINANCE NO. 188 ESTABLISHING A
PROGRAlV1 OF ROAD IMPACT FEES. SECTION 15 OF THAT ORDINANCE
PROVIDES FOR OFFSETS AGAINST ROAD IMPACT FEES FOR QUALIFYING
SYSTEM IMPROVEMENTS PROVIDED BY A DEVELOPER, AND INCLUDES THE
FOLLOWING PROVISIONS:
A. In the calculation of road impact fees for a particular project, offsets shall be given for the
value of any construction of system improvements or contribution or dedication of land or
money required by ACRD from a developer for system improvements.
B. Offsets will only be allowed if the proposed improvements are contained in the capital
improvements plan, and if the person seeking the offset applies to ACRD in writing prior
to breaking ground or otherwise commencing construction of the breaking ground or
otherwise commencing construction of the improvements, and if ACRD approves the
improvement in writing.
C. A developer who is required to construct, fund or contribute system improvements in
excess of the road impact fees which would otherwise have been paid for the development
project, shall be reimbursed for such excess construction, funding or contribution from
road impact fees paid by development located in the benefit zone which is benefitted by
such improvements.
Any such reimbursements shall be made within three months of the dedication or
acceptance of construction unless otherwise agreed.
D. If offsets or reimbursements are due to the developer pursuant to this section, the parties
shall enter into a written agreement, negotiated in good faith, prior to the construction,
funding or contribution.
E. The amount of an offset resulting from aright-of--way dedication shall not exceed the
greater of the fair market value of, or the acquisition costs attributable to, the real property
so dedicated.
F. The amount of an offset resulting from a qualified capital improvement shall not exceed
the developer=s out-of-pocket construction cost for the improvement.
II. THE PURPOSES OF THIS AGREEMENT ARE TO: I) ESTABLISH THE VALUE OF
THE RIGHT-OF-WAY DEDICATIONS AND/OR QUALIFYING IMPROVEMENTS
ELIGIBLE FOR THE IMPACT FEE OFFSETS, 2) ESTABLISH THE 1VIETHOD BY
WHICH THE OFFSET WILL BE PROVIDED, AND 3) LIST OTHER TERMS AND
CONDITIONS.
A. VALUE OF OUALIFYING IMPROVEMENTS
The value of the qualifying improvements that are eligible for impact fee offsets is
calculated below:
Right-of--Way Dedication: see City of meridian ordinance No. 843
RIGHT-OF-WAY TOTAL: $1,923.00
B. METHOD BY WHICH OFFSET WILL BE PROVIDED
The applicant shall be fully compensated for the value of the qualifying improvements
determined in Section II.A by the following method:
A lump sum payment in the amount of:
$ One Thousand Nine Hundred Twenty Three Dollars and 00/100 ( 1 9~3 00)
C. OTHER TERMS AND CONDITIONS
1. Documentation
Appropriate and acceptable written documentation establishing the value of all
dedicated right-of-way and/or construction improvements must be furnished to the
District.
2
Compensation
In consideration of the premises and the mutual agreement of the parties, the cash
payments amount to the full compensation for the land and/or improvements
furnished by the applicant.
Assignment
The parties agree that payments, as provided in this Agreement, may not be assigned,
transferred or conveyed to any other person or property.
4. Compliance with Codes, Standards and Specifications
All work by the developer of agent(s) shall comply with all currently adopted
specifications of Ada County Highway District for highway construction in effect at
the time the contract is awarded, except where otherwise noted. All ordinances and
regulations in effect in Ada County and its respective cities, and State of Idaho
statutes relating to such work shall be complied with.
Enforceability
If, for any reason a court determines that ACHD Ordinance #188, or any amendments
thereto or any replacement Ordinance, is null and void, then any further obligation
pursuant to this Agreement shall be immediately terminated.
6. Applicable Law
The existence, validity, construction, operation and effect of this Agreement and its
terms and conditions, and the rights and obligations of each of the parties hereto shall
be determined in accordance with and construed pursuant to the laws of the State of
Idaho.
7. Severability
Any provision of this Agreement which may be prohibited by law or otherwise held
invalid shall be ineffective only to the extent of such prohibition or invalidity. Such
determination shall not otherwise invalidate or otherwise invalidate or otherwise
render ineffective all or any of the remaining provisions of this Agreement.
8. No Agency Relationship Created
This Agreement shall not be construed as creating either a partnership or agency an
employment relationship between the parties hereto.
9. Entire Agreement
This Agreement constitutes the entire Agreement between the parties and superseded
any and all prior correspondence, communications, negotiations, discussions and
other representations of either of the parties hereto. This Agreement may not be
modified in any respect except by an instrument in writing and signed by both parties
hereto.
IN WITNESS WHEREOF, the parties hereunto have set their hand, on this day and year,
BY:
pp scan
STATE OF )
COUNTY OF )
On this ay of , 19, before me, a notary public in and for said State,
personally appeared ,known to me to be the applicant(s)
named in hereinabove Agreement and kno~ to me to be the persons whose name are subscribed to the within instrument and
acknowledged to me that they executed the sam
IN WITNESS WHEREOF, I hav ereunto set my hand and affixed my official seal the day and year in this
certificate first above written.
(SEAL)
NOTARY P LIC OF THE STATE OF
Residing at
Cit
My Commission Expires:
BY: ADA CO Y HIGHWA IS RICT
Manager of Traffic Administration < $25,000 Date
Director of ACHD < $50,000 Date
Presi ent of ACHD Commission > $50,000 Date
~4
RECORQED - REQUEST CF
„C.4 COUNTY RECORDED. ME~11Jf.~1~1 t';l lY RECEIVE D
' .~. D~~~,~ ~~.av~RR~ p~ 1999
1499 SP 30 P;i ~~:~~ OF MERID~t~, 9 j ~ 3 5 ~_ ADHD ADMIN.
ORDINANCE NO. 8~3 S~ ~~~ R E C
)r~ F ~ EI~ED
~~~1~1999
AN ORDINANCE OF THE CITY OF MERIDIAN MAIQNG CERTAIN
FINDINGS AND PROVIDING FOR THE TRANSFER OF A CERTAIN ACND PLAN/DEV SVC:
PARCEL OF REAL PROPERTY DESCRIBED TO BE TRANSFERRED TO THE
ADA COUNTY HIGHWAY DISTRICT; AND PROVIDING AN EFFECTIVE
DATE.
NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND CITY
COUNCIL OF THE CITY OF MERIDIAN, ADA COUNTY, IDAHO:
SECTION 1: It is in the judgment of the City Council that it is in the best
interest of the City to transfer from the City of Meridian to the Ada County
Highway District, 590 square feet of real property herein described in Section 2 of
this ordinance as and for additional public right-of--way along Franklin Road, a public
road maintained by the Ada County Highway District the consideration for which is
an offset to the City of Meridian against Road Impact Fees imposed by the Ada
County Highway District in the. amount of ONE THOUSAND NINE HUNDRED
TWENTY-THREE AND NO/100ths ($1,923.00), for the construction of the new
fire station and in conjunction with the entering into, that certain Road Impact Fee
Offset Agreement NO. IFA-I04-99 with the Ada County Highway District.
SECTION 2: The legal description of the real property is described as follows:
A strip of land, 3 feet in width, for the purpose of Ada County Highway
Department Right-Of-Way, situated in Lot 17 of Block 3, Meridian Business
Parlc, being the Southwest 1/4 of the Southwest 1/4, Section 7, Township 3
North, Range 1 East, Boise Meridian, Ada County, Idaho and more
particularly described as follows:
BEGINNING at a found brass cap monumenting the Section comer common
to Sections 7 and 18, said brass cap being on the centerline of E. Franklin
Road, thence along the centerline of E. Franklin Road North 89°20'30" East a
distance of 2401.71 feet to a brass cap monumenting the quarter corner
common to sections 7 and 18, thence North 0° 18'34" West a distance of 44.99
ORDINANCE TRANSFERRING OF CERTAIN -Page I
PARCEL OF REAL PROPERTY TO THE ACHD
~,-
feet to a found '/z inch rebar, said '/z" rebar being the POINT OF
BEGINNING;
thence along a line parallel with said centerline of E. Franklin Road South
89°20'30" West a distance of 65.26 feet to a point;
thence North 31 °46' 19" West a distance of 3.51 feet to a point;
thence along a line parallel with said centerline of E. Franklin Road North
89°20'30" East a distance of 66.98 feet to a point;
thence along a line parallel with said centerline of E. Franklin Road North
89°46'06" East a distance of 130.00 feet to a point;
thence South 0°31' 11" West a distance of 3.00 feet to a found ~/~ inch rebar;
thence along a line parallel with said centerline of E. Franklin Road South
89°46'06" West a distance of 129.84 feet to the POINT OF BEGINNING.
Said 3 foot strip of land contains 589.49 square feet, or 0.014 acre, more or
less and is subject to any easements or rights-of-way of record or implied.
SECTION 3: This ordinance is by virtue of the authority granted to the City
Council by Idaho Code § 50-1405.
SECTION 4: The Mayor is hereby authorized to execute and the City Clerk to
attest that certain Warranty Deed attached to this ordinance, marked E.Yhibit " 1 ",
and by this reference incorporated herein and to transfer the City's interest in and to
the lands described therein to the Ada County Highway District.
SECTION 5: All ordinances, resolutions, orders or parts thereof in conflict
herewith are hereby repealed, rescinded and annulled.
SECTION 6: VALIDITY: The Meridian City Council hereby declares that
any section, paragraph, sentence or word of this ordinance as adopted and amended
herein be declared for any reason to be invalid it is the intent of the Meridian City
Council that it would have passed all other portions of this ordinance independent of
the elimination herefrom of any portion as may be declared invalid.
ORDINANCE TRANSFERRING OF CERTAIN -Page 2
PARCEL OF REAL PROPERTY TO THE ACHD
~~
SECTION 7: DATE OF EFFECT: This ordinance shall be in full force and
effect within one (1) month after its passage, approval and publication, according to
law.
PASSED BY THE COUNCIL OF THE CITY OF MERIDIAN, IDAHO, this
day of ~n~w~-fw~ , 1999.
APPROVED BY THE MAYOR OF THE CITY OF MERIDIAN, IDAHO, this
~f=` day of ~~e~~/~. , 1999.
Robert D. Corrie
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ORDINANCE TRANSFERRING OF CERTAIN -Page 3
PARCEL OF REAL PROPERTY TO THE ACRD
WARRANTY DEED
The City of Meridian, a Municipal Corporation and government
subdivision of the State of Idaho, Grantor, hereby conveys to the Ada County
Highway District, a Body Politic and Corporate of the State of Idaho, Grantee, whose
address is 318 East 37`h Street, Garden City, ID 83714-6499, for the sum of TEN
DOLLARS ($10.00), and other good and valuable consideration, the following
described real property, to-wit:
A strip of land, 3 feet in width, for the purpose of Ada County Highway
Department Right-Of-Way, situated in Lot 17 of Bloclc 3, Meridian Business
Parlc, being the Southwest 1/4 of the Southwest 1/4, Section 7, Township 3
North, Range 1 East, Boise Meridian, Ada County, Idaho and more
particularly described as follows:
BEGINNING at a found brass cap monumenting the Section corner common
to Sections 7 and 18, said brass cap being on the centerline of E. Franklin
Road, thence along the centerline of E. Franklin Road North 89°20'30" East a
distance of 2401.71 feet to a brass cap monumenting the quarter corner
common to sections 7 and 18, thence North 0° 18'34" West a distance of 44.99
feet to a found 1/z inch rebar, said 1/z" rebar being the POINT OF
BEGINNING;
thence along a line parallel with said centerline of E. Franklin Road South
89°20'30" West a distance of 65.26 feet to a point;
thence North 31 °46' 19" West a distance of 3.51 feet to a point;
thence along a line parallel with said centerline of E. Franklin Road North
89°20'30" East a distance of 66.98 feet to a point;
thence along a line parallel with said centerline of E. Franklin Road North
89°46'06" East a distance of 130.00 feet to a point;
thence South 0°31' 11" West a distance of 3.00 feet to a found i/z inch rebar;
EXHIBIT "1" TO ORDINANCE TRANSFERRING OF CERTAIN
PARCEL OF REAL PROPERTY TO THE ACHD
thence along a line parallel with said centerline of E. Franklin Road South
89°46'06" West a distance of 129.84 feet to the POINT OF BEGINNING.
Said 3 foot strip of land contains 589.49 square feet, or 0.014 acre, more or
less and is subject to any easements or rights-of-~vay of record or implied.
This conveyance shall include any and all appurtenances, tenements,
hereditaments, reversions, remainders, easements, rights-of-~vay and water rights in
anywise appertaining to the property herein described.
The City of Meridian, Grantor, covenants to the Ada County Highway
District, Grantee, that the City of Meridian, the owner, in fee simple of said
premises; that the premises are free from all encumbrances, excepting those as may be
herein set forth, and excepting those of record, and that The City of Meridian,
Grantor, will warrant and defend the same from all lawful claims.
IN WITNESS WHEREOF, the City of Meridian, Grantor, executed this
instrument on this ~ day of ~,o ~~-~t- , 1999.
CITY OF MERIDIAN
_i4`-.
_ pity Clerk
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EXHIBIT "1" TO ORDINANCE TRANSFERRING OF CERTAIN
PARCEL OF REAL PROPERTY TO THE ACHD
STATE OF IDAHO,)
ss.
County of Ada. )
On this ~ ~ day of , 1999, before me, the undersigned, a
Notary Public in and for said State, personally appeared ROBERT D. CORRIE and
WILLIAM G. BERG, JR., known to me to be the Mayor and City Cleric of the CITY
of Meridian, Idaho, and ~vho executed the within instrument, and acknowledged to
me that the City of Meridian executed the same.
IN WITNESS tiVHEREOF, I have hereunto set my hand and affi.~ced my
official seal the day and year first above written.
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EXHIBIT "1" TO ORDINANCE TRANSFERRING OF CERTAIN
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