Sale and Purchase Agreement with Ada County Highway District ACHD for 3595 W Ustick
SALE AND PURCHASE AGREEMENT
THIS SALE AND PURCHASE AGREEMENT (the "Agreement") is made and
entered into this 28th day of May, 2014, by and between ADA
COUNTY HIGHWAY DISTRICT ("ACHD"), a body politic and corporate of the state of
Idaho, and CITY OF MERIDIAN("Buyer"); WITNESSETH:
FOR GOOD AND SUFFICIENT CONSIDERATION, IT IS AGREED:
SECTION 1. Definitions. As used in this Agreement, the following terms shall have the
following meanings:
(a) The term "Closing Date" shall mean June 5, 2014
(b) The term "Deed" shall mean the form of ded attached hereto as Exhibit
(c) The term "Property" shall refer to that certain parcel of real property
described on Exhibit"A" to the Deed.
SECTION 2. Recitals.
2.1 ACHD has determined that the Property is not needed by and no longer
useful to ACHD and has the statutory authority to sell the same.
2.2 For the price and on the terms and conditions hereinafter set forth, Buyer
is willing to purchase the Property from ACHD and ACHD is willing to sell,
grant and convey the Property to Buyer.
SECTION 3. Agreement to Sell and Purchase. ACHD hereby agrees to sell, grant and
convey the Property to Buyer, and Buyer hereby agrees to purchase the Property from
ACHD for the price and on the terms and conditions hereinafter set forth.
SECTION 4. Purchase Price; Closing; Possession.
4.1 The purchase price to be paid by the Buyer for the Property is EIGHTEEN
THOUSAND DOLLARS ($18,000.00).
4.2 The closing under this Agreement shall take place at the offices of ACHD
on the Closing Date, by the delivery to ACHD of Buyer's cash or cashier's check
drawn on a national bank or state of Idaho chartered bank made payable to
ACHD in the amount of the purchase price in return for the delivery to Buyer of
the Deed, duly executed by ACHD and acknowledged in form suitable for
recording. Buyer shall be entitled to possession of the Property on receipt of the
executed Deed.
Deed, page 1
(5-27-08)
S:1Surplus Properties13595 W.Ustickl5sale Contract&Sample Quitclaim.Doc
SECTION 5. Property Taxes. ACHD is exempt from any liability for property taxes on
the Property for the current year and a tax proration is not appropriate to this
transaction.
SECTION 6. Conveyance "As-Is" without Warranty. The parties hereto agree that
ACHD's conveyance of the Property to the Buyer is "as-is" and without warranty of any
kind, express or implied.
SECTION 7. Waiver of Defects. The Buyer hereby waives any and all defects
concerning the purchase and sale of the Property whether procedural or substantive.
SECTION 8. Remedies for Default. In the event of the failure or neglect by either party
in the performance required under this Agreement, the other party shall have all the
remedies available under the laws of the state of Idaho for breach of a contract,
including the remedy of specific performance.
SECTION 9. Attorneys' Fees. In any action arising under this Agreement, the
unsuccessful party therein agrees to reimburse the prevailing party for its reasonable
attorneys' fees, expended or incurred in connection therewith and in connection with
any appeal, and the same may be included in the judgment.
SECTION 10. Incorporation of Exhibits. It is agreed that all exhibits to this Agreement
are incorporated by reference and made a part of the terms, provisions and covenants
of this Agreement.
SECTION 11. Binding Effect. This Agreement shall be binding upon and inure to the
benefit of the parties hereto and their successors.
SECTION 12. Time of Essence. Time is of the essence of this Agreement.
SECTION 13. Entire Agreement. This Agreement and the Exhibits attached hereto
constitute the entire understanding between the parties with respect to this transaction,
and all prior or contemporaneous agreements, understandings, representations, and
statements, oral or written, are merged into this Agreement.
SECTION 14. Counterparts. This Agreement shall be executed in two counterparts,
each of which shall be deemed an original but both of which together shall constitute
one and the same instrument.
Deed, page 2
(5-27-08)
S:\Surplus Properties13595 W.Ustick\5Sale Contract&Sample Quitclaim.Doc
IN WITNESS WHEREOF, the parties hereto have executed this Agreement the
day and year first above written.
ADA COU TY HIGHWAY DISTRICT:
4.41-19(1 /
By: Bruce S. Wong
Title: Director
CITY OF MERIDIAN
Irr
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Title: e.-7
EXHIBITS
"1" Deed, with legal description of Property attached.
EXHIBIT"1"
Deed, page 3
(5-27-08)
SASurplus Properties\3595 W.UstidaSale Contract&Sample Quitclaim.Doc
STATE OF IDAHO, )
) ss:
County of Ada )
On this a day of ---ta , 2014, before me, the undersigned, a Notary Public
in and for said State,personally appeared TAMMY de WEERD ; - ! -► A
known to me to be the Mayor a•: ' , - a- - of the City of Meridian, Idaho, and who
executed the within 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 first above written.
(SEAL) "0)&41 Wyo. NO ARY PUBLI FOR IDAHO
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ADA COUNTY RECORDER Christopher D.Rich AMOUNT .00 3
BOISE IDAHO 06/19/14 12:22 PM
3N1 W Sec3 DEPUTY Vicky Bailey IIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIII
RECORDED—REQUEST OF III (--- " ` `' k ' ---
Meridian City 114i3480
QUITCLAIM DEED
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THIS INDENTURE, made this RE
day of ,/ , 2014, ADA COUNTY
HIGHWAY DISTRICT, a body politic and corporate of the State of Idaho, the
"GRANTOR", and CITY OF MERIDIAN, the "GRANTEE";
WITNESSETH:
FOR VALUE RECEIVED, the GRANTOR does hereby convey, release, and
quitclaim to the GRANTEE all right, title and interest in and to that certain realro ert
p p Y
situated in the COUNTY OF ADA, STATE OF IDAHO, more particularly described on
Exhibit "A" attached hereto and by this reference made a part hereof,
TOGETHER with all and singular the, structures, improvements and fixtures thereto, the
tenements, hereditaments and appurtenances thereunto belonging or in anywise
appertaining, the reversion and reversions, remainder and remainders, and rents,
issues and profits thereof (collectively the "Premises")
The current address of the GRANTEE is:
33 E. Broadway Avenue
Meridian, Idaho 83464
IN WITNESS WHEREOF, this Deed has been duly executed by and on behalf of
GRANTOR, the day, month and year herein first above written.
ADA COUNTY HIGHWAY DISTRICT
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J nI S. Fr. den, President
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Bruce . ' ec
State of Idaho )
) ss.
County of Ada )
On this day of �� , in the year 2014, before me,
,3m-c-e a Notary Public in and for the state of Idaho,
personal) geared John S. Franden, known or identified to me to be the President of
the Board of Commissioners of the Ada County Highway District, and Bruce S. Wong,
known or identified to me to be the Director of the Ada County Highway District, the
persons who executed this instrument on behalf of said Corporation, and acknowledged
to me that such Corporation 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.
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Notary Publi or e Stat9 of Idaho
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My Commission expires: /uii /J,
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The Ada County Highway District(ACHD) is committed to compliance with Title VI of the Civil Rights Act
of 1964 and related regulations and directives. ACHD assures that no person shall on the grounds of
race, color, national origin, gender, disability or age, be excluded from participation in, be denied the
benefits of, or be otherwise subjected to discrimination under any ACHD service, program or activity.
Deed, page 2
(5-27-08)
S:\Surplus Properties\3595 W. Ustick\QUITCLAIM DEED.Docx
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7-4ixlirtini
Ada County Highway District
Project No. 310023
Ustick and Ten Mile Road Intersection
• Parcel 23 •
Remainder Parcel Description
A parcel located in Government Lot 1 of Section 3, Township 3 North, Range 1 West,
Boise Meridian, Ada County,Idaho, more particularly described as follows:
Commencing at a brass cap monument marking the northeasterly corner of said
Government Lot 1 from which a brass cap monument marking the northwesterly corner of
the NE 1/4 of said Section bears N 89°07'11" W a distance of 2640.71 feet;
Thence N 89°07'11" W along the northerly boundary of said Government Lot 1 a distance
of 285.88 feet to a point on the extension of the easterly boundary of ENGLEWOOD
CREEK ESTATES SUBDIVISION NO. 1 as shown in Book 73 of Plats at Page 7488 in the
office of the Recorder, Ada County,Idaho;
Thence leaving said northerly boundary S 0°24'02" W along said easterly boundary a
distance of 61.00 feet to the POINT OF BEGINNING;
Thence continuing S 0°24'02" W a distance of 92.00 feet to an angle point in said
boundary;
Thence S 89°07'11" E along said boundary a distance of 30.12 feet to a point;
Thence leaving said boundary N 0°24'02" E a distance of 92.00 feet to a point;
Thence N 89°07'11" W a distance of 30.12 feet to the POINT OF BEGINNING;
This parcel contains 2,771 square feet (0.064 acres) and is subject to any easements
existing or in use.
Prepared by: Glenn K. Bennett,PLS ,_,.ce.REb
Civil Survey Consultants, Incorporated --
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February 1,2011 +
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