Resolution - 2006 - 05 - Approve/Execute Purchase And Sale Agreement For Acquisition Of A Wel Tank Site For City From Ada County - 02/28/2006
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RESOLUTION NO. ~ O~-D5
A RESOLUTION OF THE CITY OF EAGLE, ADA COUNTY, IDAHO, APPROVING AND
AUTHORIZING THE EXECUTION OF A PURCHASE AND SALE AGREEMENT FOR THE
ACQUISITION OF A WELL TANK SITE FOR CITY FROM ADA COUNTY; ACCEPTANCE
OF CERTAIN EASEMENTS AND A QUITCLAIM DEED; AUTHORIZING THE MAYOR
TO EXECUTE THE SAME; AND PROVIDING AN EFFECTIVE DATE.
WHEREAS, Ada County, Idaho (the "County"), owns and operates a landfill on the east
side of the City's municipal boundaries; and
WHEREAS, the City of Eagle (the "City") operates a municipal water system; and
WHEREAS, the City's system suffers from occasional lack of storage capacity and
system pressure; and
WHEREAS, the City and the County have determined that a water tank could be
constructed on the County's lands which might alleviate the City's water system difficulties; and
WHEREAS, the City has agreed to construct a fire hydrant on old Highway 55 and to
supply water for fire fighting needs at its expense; and
WHEREAS, the City is authorized and empowered to exercise all powers and perform all
functions of local self-government in accordance with the law, including acquiring real property,
and to execute all necessary contracts pursuant to Idaho Code ~ 50-301.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
EAGLE, Ada County, Idaho, as follows:
Section 1: That the City of Eagle, Ada County, Idaho (the "City") hereby agrees to
enter into the Purchase and Sale Agreement, substantially in the form attached hereto as Exhibit
"A," authorizes the Mayor to execute the document on behalf of the City.
Section 2: The City agrees to accept the Underground Water and
Telecommunications Line Easement Agreement; the Roadway Access Easement Agreement; and
the Quitclaim Deed, substantially in the form attached hereto as Exhibits "B", "c" & "D".
Section 3: This Resolution shall take effect and be in force immediately upon its
passage and approval.
DATED this~g'" fLday of ':i~f' 2006.
CITY OF EAGLE
Ada County, Idaho
ATTEST:
_~~.lL-- k.- 12L.e~ H----t1 '11.,,-------
Sharon K. Bergmann, City qlerk
[S E A L]
CITY OF EAGLE RESOLUTION NO. ~
EXHIBIT A
AGREEMENT NO.
AGREEMENT FOR PURCHASE AND SALE OF PROPERTY
THIS AGREEMENT FOR PURCHASE AND SALE OF PROPERTY
("Agreement") is made as of the _ day of February 2006, by and between the CITY
OF EAGLE, an Idaho Municipal Corporation ("City"), and ADA COUNTY, a duly
organized and existing county under the laws and constitution of the State of Idaho,
("County").
RECITALS
A. City operates a municipal water system.
B. City's system suffers from an occasional lack of storage capacity and
system pressure.
C. County operates a landfill on the east side of City's municipal boundaries.
D. City and County have determined that a water tank could be constructed on
County's lands which might alleviate City's water system difficulties.
E. The portions of the County's land suggested for sale are not needed for
future landfill purposes.
F. County would like to enhance fire suppression capability for the west side
of its landfill properties.
G. City has agreed to construct at its expense a fire hydrant on old Highway 55
and supply water for fire fighting needs.
H. Pursuant to S 31-808(9), Idaho Code, County may transfer property to a
political subdivision of the State of Idaho if it finds the transfer to be in the public
interest.
I. Addressing the potable water supply capacity and pressure needs for those
served by the City's municipal water system and enhancing fire fighting capabilities for
landfill property and those in the surrounding area is in the public interest.
AGREEMENT FOR PURCHASE AND SALE OF PROPERTY - PAGE 1
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NOW, THEREFORE, THE CITY AND COUNTY AGREE AS FOLLOWS:
I. Purchase and Sale. Subject to the terms and conditions hereof, County
agrees to sell to City, and City agrees to buy from County, that certain parcel of real estate
legally described on Exhibit "A" attached hereto and made a part hereof, including,
without limitation, any right, title and interest of County in and to adjacent streets, alleys,
rights-of-way, easements and any and all tenements, hereditaments and appurtenances
pertaining thereto, and all rights, privileges, easements and appurtenances, if any,
thereunto belonging (collectively, the "Property").
2. Purchase Price. The purchase price ("Purchase Price") to be paid by City to
County for the Property shall be Seventy Five Thousand Seven Hundred Fifty and nollOO
Dollars ($75,750.00). On the Closing Date, City shall deliver the Purchase Price to
County, subject to the prorations and adjustments identified in Paragraph 8 hereof, if any.
3. Title Commitment. Prior to closing the parties will promptly examine a
commitment (the "Commitment") for a policy of title insurance on the Property issued by
Alliance Title and Escrow Corporation ("Title Company") as soon as it is provided by the
Title Company. City shall promptly notifY County of any exceptions to insurability noted
by the Title Company that City finds unacceptable. On condition that County cures the
exceptions disclosed by City on or at closing, City hereby agrees to accept title to the
Property subject to the exceptions noted thereon and as cured, collectively, the "Permitted
Exceptions. "
4. Title Policy. County shall cause the Title Company to deliver to City on
the Closing Date a standard County's policy of title insurance (the "Title Policy") subject
only to the Permitted Exceptions. County shall pay the basic premium for the Title Policy
and City shall pay for any special endorsements which City desires to obtain; provided,
however, that issuance by the Title Company of any special endorsements ordered by City
shall not be a condition of closing.
5. Covenants and Representations. County and City hereby make the
following covenants and representations:
(a) Other than as stated herein, County has the requisite power and authority,
and has taken all steps necessary, to enter into and fully carry out this Agreement
and any sale of the Property made pursuant hereto.
(b) City has the requisite power and authority, and has taken all steps
necessary, to enter into and fully carry out this Agreement and any purchase of the
Property made pursuant hereto.
AGREEMENT FOR PURCHASE AND SALE OF PROPER TY-PAGE2
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(c) County has not and shall not commit any act or omission which would
cause the imposition or creation of any lien, charge or encumbrance for which
payment has not been made, secured or otherwise provided for and which might
otherwise result in the imposition of a mechanic's lien or similar lien against the
Property.
(d) County shall not enter into or cause to be entered into any written or oral
lease for the Property or any portion thereof from the date hereof to the Closing
Date without first obtaining the written consent of City.
(e) City understands that all zoning and land use permissions, permits and
actions required of City to allow the transaction are City's sole responsibility and
County makes no representations or warranties as to their availability.
6. Escrow Closing. The closing of the purchase and sale of the Property shall
be effected through an escrow at the Title Company and delivery of the deed and any
other documents and payment of the Purchase Price for the Property shall be effected
through such escrow. The terms of such escrow shall be pursuant to an escrow agreement
in customary form modified to reflect the transaction contemplated herein. The cost of
said escrow shall be borne equally by County and City. This Agreement shall not be
merged into such escrow agreement but the latter shall be deemed auxiliary to this
Agreement and in the event of any conflict the provisions of this Agreement shall be
controlling as between the parties hereto.
7. Closing and Obligations at Closing. Subject to any termination of this
Agreement permitted hereunder by City or County, closing shall take place at the office
of the Title Company on a date mutually agreed upon in writing by County and City
("Closing Date"); provided, however, that said date shall be prior to February 28, 2006.
On or before the Closing Date, the obligations of City and County shall be as follows:
(a) City shall cause the Purchase Price, plus or minus prorations, if any, to be
transferred to the Title Company, as herein provided.
(b) County shall execute and deliver a Quitclaim Deed, in the form attached
hereto as Exhibit "8", conveying title to the Property to City, subject to the
Permitted Exceptions.
(c) County shall execute two easements on behalf of the Premises over adjacent
land owned by County to effectuate the proposed use of the Premises as a water
storage facility: I) a roadway access easement substantially in the form attached
AGREEMENT FOR PURCHASE AND SALE OF PROPERTY-PAGE 3
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hereto as Exhibit "C", and 2) a telecommunications and waterline easement
substantially in the form attached hereto as Exhibit "D".
(d) County and City shall execute such other documentation as is reasonably
requested or as is required by applicable law to effectuate the transaction
contemplated hereby.
8. Prorations. All expenses and charges in connection with ownership and use
of the Property, including real estate taxes, shall be prorated as of the Closing Date. To
the extent that information for any such proration is not available on the Closing Date, the
parties shall effect such prorations within thirty (30) days after the Closing Date.
9. Default. If County fails or refuses to comply with the terms of this
Agreement, for any reason other than City's default hereunder, City's remedies shall
include all those available in law or equity including, if elected by City, specific
performance. If City fails or refuses to comply with the terms of this Agreement, for any
reason other than County's default hereunder, County's remedies shall include all those
available in law or equity including, if elected by County, specific performance.
10. Reserved.
II. Reserved.
12. Condenmation. In the event of any taking by the exercise of the power of
eminent domain of a substantial portion of the Property prior to the Closing Date (such
portion as would impair or otherwise affect the present use of the Property will be
deemed substantial), City shall have the right to terminate this Agreement by giving
written notice to County prior to the Closing Date. If City elects to terminate this
Agreement, all awards and compensation arising out of said condenmation shall be the
property of County. If City fails to give County notice of termination prior to the Closing
Date, said right to terminate shall be deemed waived and City shall be credited with or
assigned all of County's right, title and interest to all awards and compensation arising out
of said condenmation, and City shall remain obligated to purchase the Property with no
reduction in the Purchase Price. In the event of any taking of an insubstantial portion of
the Property prior to the Closing Date (such portion as would not impair or otherwise
affect the present use of the Property will be deemed insubstantial), County shall assign to
City all of County's right, title and interest to all awards and compensation therefor and
City shall remain obligated to purchase the Property with no reduction in the Purchase
Price.
13. Reserved.
AGREEMENT FOR PURCHASE AND SALE OF PROPER TY-PAGE4
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14. Notices. Any and all notices, demands, consents and approvals required
under this Agreement shall be sent by certified or registered mail, postage prepaid, return
receipt requested, addressed to the parties as follows:
City:
City of Eagle
Eagle City Clerk
P.O. Box 1520
310 E. State Street
Eagle, ID 83616
County:
Ada County
Board of Ada County Commissioners
200 W. Front St., 3rd Floor
Boise, Idaho 83702
Notices shall be deemed to have been received on the second (2nd) business day after
they are deposited in the United States mail as provided above.
15. Assignment. City shall not have the right to assign or transfer City's
interest in this Agreement without the prior written consent of County, which consent
may be withheld in County's sole discretion. Any purported assignment or transfer in
violation of this paragraph shall be null and void and of no effect and further, at County's
election, shall constitute a default by City hereunder, entitling County to terminate this
Agreement.
16. Brokerage. Each party hereby represents and warrants to the other that no
commission or other amount is payable to any person or entity for brokerage or similar
services performed hereunder, and each party hereto agrees to indenmifY the other party
for any commission or amount owed to or claimed by any person or entity claiming
through such indenmifYing party.
17. Other Acts. City and County each hereby agree to perform such other acts,
and to execute, acknowledge, and/or deliver such other instruments, documents and
materials as may be reasonably necessary to effect consummation of the transaction
contemplated herein.
18. Time Is of the Essence. City and County mutually agree that time is of the
essence throughout the term of this Agreement and every provision hereof in which time
is an element. No extension of time for performance of any obligations or acts shall be
deemed an extension oftime for performance of any other obligations or acts. If any date
or performance of any of the terms, conditions or provisions hereof shall fall on a
AGREEMENT FOR PURCHASE AND SALE OFPROPERTY-PAGE 5
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Saturday, Sunday or legal holiday, then the time of such performance shall be extended to
the next business day thereafter.
19. Paragraph Headings. The paragraph headings contained in this Agreement
are for convenience only and shall in no way enlarge or limit the scope or meaning of the
various and several paragraphs hereof.
20. Interpretation. Whenever used in this Agreement, the singular number
shall include the plural, the plural the singular, and the use of any gender shall include all
genders.
21. Applicable Law and Parties Bound. This Agreement shall be construed
and enforced in accordance with the laws of the State of Idaho and shall be binding upon
and inure to the benefit of the parties hereto and, subject to the provisions of Paragraph 16
hereof, their respective successors and permitted assigns.
22. Attorney Fees. In the event either party elects to file any action in order to
enforce the terms of this Agreement, or for a declaration of rights hereunder, the
prevailing party, as determined by the court in such action, shall be entitled to recover all
of its court costs and reasonab I e attorney fees as a result thereof from the losing party.
23. Amendments. All amendments and/or supplements to this Agreement must
be in writing and executed by each party hereto. However, such amendments and/or
supplements may be executed in counterparts, all of which shall be deemed to constitute
one document.
24. No Merger. The obligations, representations and warranties herein
contained shall not merge with transfer of title but shall remain in effect until fulfilled.
25. Entire Agreement. The parties acknowledge and agree that at all times they
have intended that none of the preliminary negotiations concerning this transaction would
be binding on either party, and that they would be bound to each other only by a single,
formal, comprehensive document containing this paragraph and all of the agreements of
the parties, in final form, which has been executed and delivered by City and County.
The parties acknowledge that none of the prior oral agreements between them (and none
of the representations on which either of them has relied) relating to the subject matter of
this Agreement shall have any force or effect whatever, except as and to the extent that
such agreements and representations have been incorporated in this Agreement.
26. No Recording. City shall not record this Agreement or any memorandum
or short form hereof.
AGREEMENT FOR PURCHASE AND SALE OF PROPERTY - PAGE 6
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27. Counterparts. This Agreement may be executed in counterparts, all of
which counterparts taken together shall be deemed to be but one original.
IN WITNESS WHEREOF, this Agreement has been executed by the parties
hereto as of the date first above written.
Board of Ada County Commissioners
By:
Rick Yzaguirre, Chairman
By:
Judy M. Peavey-Derr, Commissioner
By:
Fred Tilman, Commissioner
ATTEST:
J. David Navarro, Ada County Clerk
AGREEMENT FOR PURCHASE AND SALE OF PROPERTY-PAGE 7
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CITY OF EAGLE
Nancy C. Merrill, Mayor
ATTEST:
Sharon Bergmann, City Clerk
AGREEMENT FOR PURCHASE AND SALE OF PROPERTY-PAGE 8
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EXHIBIT A
LEGAL DESCRIPTION
Section 2, Township 4 North, Range I East, Boise Meridian, Ada County,
being more particularly described as follows:
Commencing at the Quarter corner common to Sections 2 & 3, being
monumented by a brass cap as shown on Record of Survey No. 3091,
recorded as Instrument No. 95006284, records of Ada County; thence South
89040'28" East 400.00 feet along the North line of the Southwest Quarter,
also being the North line of Agreement No. 6905, a lease agreement
between Ada County and the City of Eagle for Ada-Eagle Sports Complex,
to the POINT OF BEGINNING; thence leaving said North line
South 30038'23" East 525.00 feet along the Easterly boundary line of said
Lease Agreement No. 6905; thence
North 59021 '37" East 209.78 feet, perpendicular to said Easterly line;
thence
North 00019'32" East 342.24 feet, perpendicular to said North line, to a
point on the North line of said Southwest Quarter; thence along said North
line
North 89040'28" West 450.00 feet, to the POINT OF BEGINNING.
AGREEMENT FOR PURCHASE AND SALE OF PROPERTY - EXHIBIT A
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EXHIBIT B
QUITCLAIM DEED
AGREEMENT FOR PURCHASE AND SALE OF PROPERTY - EXHIBIT B
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EXHIBIT C
ROADWAY ACCESS AGREEMENT
AGREEMENT FOR PURCHASE AND SALE OF PROPERTY - EXHIBIT C
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EXHIBIT D
UNDERGROUND WATER AND TELECOMMUNICA nONS
LINES EASEMENT AGREEMENT
AGREEMENT FOR PURCHASE AND SALE OF PROPERTY - EXHIBIT D
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EXHIBIT B
AGREEMENT NO.
UNDERGROUND WATER AND TELECOMMUNICATIONS
LINES EASEMENT AGREEMENT
THIS EASEMENT AGREEMENT made this _ day of
, 2006, by
and between the CITY OF EAGLE, an Idaho Municipal Corporation ("City"), and ADA
COUNTY, a duly organized and existing county under the laws and constitution of the State of
Idaho, ("County").
WITNESSETH
That COUNTY in consideration of the covenants and promIses described in this
agreement and the sum of ten dollars ($10.00) and other valuable consideration does hereby
grant and convey unto CITY, its successors and assigns, a nonexclusive easement and right of
way, over the real property described below for the purpose of crossing said real property with
underground water and telecommunication lines, including therewith the right, as modified
below, to enter upon said real property, at all reasonable times, including ingress and egress
thereto, at the sole expense of CITY, to construct, maintain, operate, inspect, alter, replace,
excavate, prepare, install, backfill, and repair underground water and telecommunication lines,
over and across the following described real property belonging to the said COUNTY:
See Exhibit "A" attached hereto and made a part hereof by
reference.
COUNTY grants the easement described in Exhibit A to CITY and its successors and
assigns for so long as CITY shall use the aforesaid real property for any of the purposes
mentioned above. If CITY fails to use the aforesaid real property for such purposes for a
continuous period of one (I) year or more, the above-described real property shall automatically
revert to COUNTY and its successors and assigns without it being necessary for COUNTY and
its successors or assigns to take any affirmative action to effectuate the reverter.
UNDERGROUND WATER AND TELECOMMUNICA nONS LINES EASEMENT
AGREEMENT - PAGE 1
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CITY covenants with COUNTY, its successors and assigns, that after any maintenance,
inspection, replacement, excavation, preparation, installation, backfill, or repair activities, CITY
will restore the surface of the ground including any paving and/or landscaping located thereon to
as good of condition as when entered upon by CITY or its agents for so long as this easement
shall be in effect.
IN WITNESS WHEREOF, these presents have been executed by the undersigned this
_ day of
,2006.
COUNTY:
Board of Ada County Commissioners
By:
Rick Yzaguirre, Chairman
By:
Judy M. Peavey-Derr, Commissioner
By:
Fred Tilman, Commissioner
ATTEST:
J. David Navarro, Ada County Clerk
STATE OF IDAHO )
) ss.
County of Ada )
On this _ day of , 20_, before me a notary public, personally
appeared Grant P. Kingsford, Judy M. Peavey-Derr, and Rick Yzaguirre known or identified to me,
to be the County Commissioners of Ada County, that executed the said instrument, and
acknowledged to me that Ada County executed the same.
Notary Public for Idaho
Commission Expires
UNDERGROUND WATER AND TELECOMMUNICA nONS LINES EASEMENT
AGREEMENT - PAGE 2
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EXHIBIT C
AGREEMENT NO.
ROADWAY ACCESS EASEMENT AGREEMENT
THIS EASEMENT AGREEMENT made this _ day of
, 2006, by
and between the CITY OF EAGLE, an Idaho Municipal Corporation ("City"), and ADA
COUNTY, a duly organized and existing county under the laws and constitution of the State of
Idaho, ("County").
WITNESSETH
That COUNTY in consideration of the covenants and promIses described in this
agreement and the sum of ten dollars ($10.00) and other valuable consideration does hereby
grant and convey unto CITY, its successors and assigns, a nonexclusive easement and right of
way, over the real property described below for the purpose of crossing said real property with a
roadway to access the Eagle Water Tank Site, conveyed to City contemporaneously herewith,
including therewith the right, as modified below, to enter upon the below described real property,
at all reasonable times, including ingress and egress thereto, at the sole expense of CITY, to
construct, maintain, operate, inspect, alter, replace, excavate, prepare, install, backfill, and repair
said access roadway, over and across the following described real property belonging to the said
COUNTY:
See Exhibit "A" attached hereto and made a part hereof by
reference.
COUNTY grants the easement described in Exhibit A to CITY and its successors and
assigns for so long as CITY shall use the aforesaid real property for any of the purposes
mentioned above. If CITY fails to use the aforesaid real property for such purposes for a
continuous period of one (1) year or more, the above-described real property shall automatically
revert to COUNTY and its successors and assigns without it being necessary for COUNTY and
its successors or assigns to take any affirmative action to effectuate the reverter.
ROADWAY ACCESS EASEMENT AGREEMENT - PAGE 1
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CITY covenants with COUNTY, its successors and assigns, that after any maintenance,
inspection, replacement, excavation, preparation, installation, backfill, or repair activities, CITY
will keep said roadway in good repair, and at all times shall restore the surface of the ground not
covered by the roadway, including any paving and/or landscaping located thereon, to as good of
condition as when entered upon by CITY or its agents for so long as this easement shall be in
effect.
IN WITNESS WHEREOF, these presents have been executed by the undersigned this
_ day of
,2006.
COUNTY:
Board of Ada County Commissioners
By:
Rick Yzaguirre, Chairman
By:
Judy M. Peavey-Derr, Commissioner
By:
Fred Tilman, Commissioner
ATTEST:
J. David Navarro, Ada County Clerk
STATE OF IDAHO )
) ss.
County of Ada )
On this _ day of , 20-, before me a notary public, personally
appeared Rick Yzaguirre, Judy M. Peavey-Derr, and Fred Tilman known or identified to me, to be
the County Commissioners of Ada County, that executed the said instrument, and acknowledged to
me that Ada County executed the same.
Notary Public for Idaho
Commission Expires
ROADWAY ACCESS EASEMENT AGREEMENT - PAGE 2
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EXHIBIT D
QUITCLAIM DEED
This Quitclaim Deed is made this
day of
, 2006, between the
CITY OF EAGLE, an Idaho Municipal Corporation ("Grantee"), and ADA COUNTY, a
duly organized and existing county under the laws and constitution of the State of Idaho,
("Grantor").
WITNESSETH:
That GRANTOR, for and in consideration of the sum of Seventy Five Thousand
Seven Hundred and Fifty and no/lOO Dollars ($75,750.00), construction of a fire hydrant
and the provision of free water for frrefighting purposes, provided to them by GRANTEE,
the receipt whereof is acknowledged, does remise, release, and forever quitclaim unto
GRANTEE, all that certain parcel of land lying and being in the County of Ada, State of
Idaho, bounded and more particularly described in Exhibit "A" attached hereto and by this
reference made a part hereof.
Together with all and singular the tenements, hereditaments, and appurtenances
thereto belonging or in any way appertaining, the reversion and reversions, remainder and
remainders, rents, issues, and profits thereof. To have and to hold all and singular the
premises together with the appurtenances, unto GRANTEE, and its assigns forever.
QUITCLAIM DEED - PAGE I
IN WITNESS WHEREOF, GRANTOR has executed this Quitclaim Deed on the
date and year written above.
Board of Ada County Commissioners
By:
Rick Yzaguirre, Chairman
By:
Judy M. Peavey-Derr, Commissioner
By:
Fred Tilman, Commissioner
ATTEST:
J. David Navarro, Ada County Clerk
STATE OF IDAHO)
) ss.
County of Ada )
On this day of , 2002, before me a notary public, personally
appeared Rick Yzaguirre, Judy M. Peavey-Derr, and Fred Tilman, known or identified to
me, to be the County Commissioners of Ada County, that executed the said instrument, and
acknowledged to me that Ada County executed the same.
Notary Public for Idaho
Commission Expires
QUITCLAIM DEED - PAGE 2
EXHmIT A
DESCRIPTION FOR
EAGLE WATER TANK SITE
Section 2, Township 4 North, Range I East, Boise Meridian, Ada County,
being more particularly described as follows:
Commencing at the Quarter corner common to Sections 2 & 3, being
monumented by a brass cap as shown on Record of Survey No. 3091,
recorded as Instrument No. 95006284, records of Ada County; thence South
89040'28" East 400.00 feet along the North line of the Southwest Quarter,
also being the North line of Agreement No. 6905, a lease agreement
between Ada County and the City of Eagle for Ada-Eagle Sports Complex,
to the POINT OF BEGINNING; thence leaving said North line
South 30038'23" East 525.00 feet along the Easterly boundary line of said
Lease Agreement No. 6905; thence
North 59021 '37" East 209.78 feet, perpendicular to said Easterly line;
thence
North 00019'32" East 342.24 feet, perpendicular to said North line, to a
point on the North line of said Southwest Quarter; thence along said North
line
North 89040'28" West 450.00 feet, to the POINT OF BEGINNING.
QUITCLAIM DEED - EXHIBIT A