314 Amending Resolutions 277 and 286
RESOLUTION NO. 3/ 4-
RECEIV~D
MAR 2 7 2000
t21rt OF MEmDL.\N
A RESOLUTION AMENDING RESOLUTIONS NO. 277 AND 286
APPERTAINING TO THE HCOMMERCIAUINVESTMENT REAL ESTATE
PURCHASE AND SALE AGREEMENT ID #57176" CITY OF MERIDIAN
BUYER, HOWELL-MURDOCH DEVELOPMENT CORPORATION, AN
IDAHO CORPORATION SELLER, DIAMOND PROPERTIES, DAVE
WILLIAMS SELLING AGENT.
NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY
COUNCIL OF THE CITY OF MERIDIAN:
SECTION 1:
FINDINGS:
WHEREAS, the City Council authorized in Resollltion No. 277 the Mayor
and ClerIc to enter into on behalf of the City of Meridian that certain agreelnent for
the pllrchase of a 10 acre site of bare ground for the intended llse by the City for a
nevv police station, and other public use, from Howell-Murdoch Development
Corporation, an Idaho Corporation ovvner, entitled "Co111n1ercial/Investment Real
Estate Purchase and Sale Agreement ID #57176" in accordance with the ternlS and
conditions which are stated therein; and
WHEREAS, Resolution No. 286 amended the terms of Resollltion No. 277;
and
WHEREAS, after the subl11ission of the "Comlnercia1/Investlnent Real Estate
Purchase and Sale Agreement ID # 571 76" the owner proposed additional terlTIS and
conditions entitled "Development Agreement Addenduln To Purchase and Sale
Agreement #57176" [hereinafter referred to for convenience as "Developlnent
Addendun1"] to vvhich the Council must respond; a11d
WHEREAS, the Council has been duly advised by its Police Chief, Public
Worl,s Department and City Attorney's office regarding the advisability of proposed
terms and conditions of the "Developn1ent Agreelnent AddendlIlTI To Purchase a11d
Sale Agreement #57176" [hereinafter referred to for convenience as "Pllrchase and
Sale Agreement"]; and
WHEREAS, it has bee11 recon1Iuended by the Pllblic Worl,s DepartlneI1t, the
City Attorney al1d other staff, as well as the Mayor and Council, that a Level One
El1vironmental Assessme11t be obtained at a cost of approxinlately $1,400.00 by the
COllncil? s detern1ination; and
RESOLUTION AMENDING RESOLUTION #277 - PAGE 1 OF 5
(
WHEREAS, the Land Use Concerns are as follows:
1. The property has not been subdivided and cannot be sold tInder
the City's or COtlnty's Subdivision Ordi11ance.
2. There is no public road access to the property. The subdivisiol1
to the west has been approved by City COtlncil for final plat
engineering approval. The plat is not yet recorded and no road or
utilities have been installed.
3. Property is currently zoned RT County and cannot be developed
for police station use under Cllrrent zoni11g.
4. Property will have to be annexed and zoned. Zone options are
considering the proposed use under Meridian zoning lavv and is a
"Public & Quasi-Public Use as a permitted use in L-O ZOl1e and a
Conditional Use Permit in a R-8 zone.
5. Comprehensive Plan Generalized Land Use Map designates the
subject parcel as "Single-Family Residential". Comprehensive
Plan amendment recommendations frol11 Planning and Zonil1g
can only occur every 6 months.
Expense Concerns are as follows:
1. Who pays for the Level One Environmental Assessment?
2. Who will pay for infrastructure iluprovelnents required for site
development?
WHEREAS, the Council finds that it is in the best interest of the City to
mal(e a counter proposal in order to address the concerns of the Mayor and COllncil
and to assure that the property will be useable for the intended pllrposes and to
respol1d to the "Development Addendum".
NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY
COUNCIL as follows:
1. The Mayor and Clerl( are hereby authorized to offer and enter into 011
behalf of the City of Meridian a counter proposal to the "Developlnent Addendunl"
as follovvs:
A. That the City reaffirm its offer a11d signing of the "Purchase and
RESOLUTION AMENDING RESOLUTION #277 - PAGE 2 OF 5
(~-
Sale Agreement" and terms of City Resolution #277 and in
addition and as a condition thereof; and
B. This transaction shall close on or about May 1, 2000, subject to
the follovving conditions of closing:
1. The Seller shall obtain a Level One Environluental
Assessment at Seller's expense and furnish a copy to the
City, vvith the pllrchase contingent tIpOn City's acceptance
of the reslllts of the Assessment; and
2. Seller has made application for, and shall obtain the
annexation and zoning of subject parcel as a City of
Meridian R-8 Zone. [The COtlncil does not herein express
an opinion about the advisability of such a zoning
designation, and expressly reserves judg111ent of the saIne
until the completion of the public hearing process
associated therewith. ]
3. Seller, at Seller's expense, after annexation and zoning
shall malce application and obtain approval of an
administrative lot split which split will shovv dedication of
the northern 29' of the parcel for roadway and utilities.
The lot split shall also show and dedicate a roadway of
sufficient width and length to satisfy the frontage
requirements for an administrative lot split.
4. Seller agrees to complete infrastructure improvements of
Dee Jay Subdivision to the west of the subject property
which shall include construction of a public road, sewer,
water, power, cable, gas and telephone to the sllbject
property and stub in cul-de-sac as access to the subject
property within 1 year of the date of closing at Seller's
expense.
5. Seller agrees to construct within eighteen (18) months of
the closing necessary roadway and infrastructure
improvements which shall be placed partially within the
dedicated northern 29' of the subject property as
referenced in part B. 2. herein, along the entire norther11
length thereof [approximately 1,01 0 feet] vvith part of said
infrastnlcture to be placed lIpon the property adjacent and
RESOLUTION AMENDING RESOLUTION #277 - PAGE 3 OF 5
(
to the north as required by the Ada County Highway
District and the City of Meridian. The infrastructure shall
include, but is not limited to the construction of a road,
curbs, gtItters, sidewall(s, sewer, vvater, pOvver, cable, gas
and telephone. The Seller shall install vvhatever stub Ollts
and curb cuts the City may require for the City's parcel
and at the locations which are determined by the City.
All plans and specifications for the infrastnlcttlre shall be
first approved by the City of Meridian. The City shall
agree to then pay to Seller for one half (1/2) of the actual
cost thereof, an amount not greater than 011e Htlndred
Fifty Tvvo Thousand and No/IOOths Dollars
($152,000.00) within 30 days of t11e final con1pletion of
the roadvvay and infrastructure as 11erein provided for.
6. The City Treasurer is authorized, tIpOn full acceptance of
the offer to purchase by both parties, to draw a checl( 011
the City treasury in the sum of Five Thousand and
No/100ths Dollars ($5,000.00) for delivery to Diamond
Properties as earnest money, to be deposited to the
appropriate trust account.
7. . Attached hereto as Exhibit A is the legal description of the
property City is proposing to buy from Seller and a copy of
the record of survey proposed for the adlninistrative lot
spli t.
8. Seller, at Seller's expense, shall plat the remainder of the
Seller's 20 acre parcel within 18 months of the closing of
the purchase of the 10 acres.
Seller's plat shall include a dedication of a public roadway
on the sOllthern 29 feet of the Seller's other property
adjacent to the City 10 acre parcel and the northern 29
feet of the City 10 acres.
The City shall join in that plat, and agrees to execute such
other doculnents as necessary for the dedication of that
public roadway. (Upon dedication, this pllblic roadway
will be ovvned and maintained by ACHD.)
Seller agrees that the Seller shall consult with and l(eep the
RESOLUTION AMENDING RESOLUTION #277 ~ PAGE 4 OF 5
(
(
engineer for the City of Meridian advised on the creatio11
and progress of the plat and the dedication of this pllblic
roadvvay.
9. Attached hereto is a Conceptual Site Plan of t11e nevv
Police Station for the City of Meridian. Tvvo curb-cuts
(labeled curb-cut # I and curb-cut #2) are indicated 011
that Site Plan. Seller agrees to COl1struct these tvvo cllrb-
CtIts in the locations indicated on that plan. Seller also
agrees to construct the utility stllb-outs to the City 10 acre
property line at the location identified as "curb-cllt # III on
the Conceptual Si~e Plan. The precise location a11d
meaSllrelTIents and specifications for these two curb-cllts
shall be supplied to the Seller by the City Engineer.
PASSED BY THE COUNCIL OF THE CITY OF MERIDIAN, IDAHO, this
4rA ~
-- day of , 2000.
APPROVED BY THE NlAYOR OF THE C
4iJ!:: day of ~ ,200 .
Mayor Robert D. Corrie
-
....
.....
ACCEPTED: March _' 2000
Hovvell-Murdoch Development Corporation
By:
I(evin Howell, President
msgJZ:\ W ork\M\tvleridian IS 3 60M\Police Dept\N e\v Police Station Property\AmendRes2 77 .Res
RESOLUTION AMENDING RESOLUTION #277 - PAGE 5 OF 5