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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 -44til;By: 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 • 4 °Li ` •• RESIDING AT: t tau ,S , l •• t0,4 MY COMMISSION EXPIRES: .0 • • • + • • v � It. • 6F; •• •••••• 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 J/,* z---, i 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 r / i --<- B : _id / -ig&e.----r,./4------------- J nI S. Fr. den, President % 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. ‘&9 , -it 174446-41141° .. 41 Notary Publi or e Stat9 of Idaho ust. Residing daht)Zi' My Commission expires: /uii /J, if. tin Veto veki)* .%%1 44 0 46 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 ,..... ......., 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 -- %0- R , February 1,2011 + 0 482 0 _2Iti II 4