Resolution - 2004 - 09 - Authorize Mayor To Sign A Purchase Agreement To Purchase From Achd/Property On Hill Road - 04/27/2004
RESOLUTION NO. 04-09
A RESOLUTION OF THE EAGLE CITY COUNCIL, EAGLE, ADA COUNTY,
IDAHO, AUTHORIZING THE MAYOR TO SIGN A PURCHASE AND SALE
AGREEMENT WITH ACHD FOR THE ACQUISITION OF PROPERTY ON HILL
ROAD; AND PROVIDING AN EFFECTIVE DATE.
WHEREAS, the City of Eagle, in order to enhance the public's recreational
opportunities and establish a public park on Hill Road, hereby enter into a Purchase and
Sale Agreement with the Ada County Highway Department (ACHD) attached hereto as
"Exhibit A"
NOW THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE
CITY OF EAGLE, IDAHO.
Section 1: The Eagle City Council hereby authorizes the Mayor to enter into a
Purchase and Sale Agreement with ACHD and agrees to all terms and conditions outlined
in "Exhibit A" attached hereto.
Section 2: This Resolution shall be in full force and effect immediately upon its
adoption and approval.
ADOPTED by the Council of the City of Eagle, Idaho, thi~~ay of April, 2004.
CITY OF EAGLE
Ada County, Idaho
ATTEST:
Jil (~k~~
SHARON K. MOORE,
CITY CLERKffREASURER
(SEAL)
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SALE AND PURCHASE AGREEMENT
THIS SALE AND PURCHASE AGREEMENT is made and entered into this~7!J
day of April, 2004, by and between THE CITY OF EAGLE and ADA COUNTY
HIGHWAY DISTRICT.
WITNESSETH:
FOR GOOD AND VALUABLE CONSIDERATION, THE RECEIPT OF WHICH IS
HEREBY ACKNOWLEDGED, IT IS AGREED:
SECTION 1. Definitions. As used in this Agreement, the following terms shall have the
following meanings:
(a) The term "Agreement" shall refer to this Sale and Purchase Agreement.
(b) The term "ACHD" shall refer to ADA COUNTY HIGHWAY DISTRICT, a body
politic and corporate of the State of Idaho whose address is 3775 Adams Street,
Garden City, Idaho.
(c) The term "City" shall refer to the CITY OF EAGLE, whose address is 310 E.
- State Street, Eagle, Idaho.
(d) The term "Closing Agent" shall refer to Kathy Coontz, Pioneer Title
Company, 8151 W. Rifleman, Boise, Idaho 83704, whose telephone number is (208)
373-3745 and whose fax telephone number is (208) 383-3793.
(e) The term "Closing Date" shall mean October 1,2004.
(f) The term "ACHD Property" shall refer to that certain parcel of real property
lying and being situated in Ada County, Idaho, owned by ACHD and more particularly
described on Exhibit A attached hereto.
(g) The term "City Property" shall refer to that certain parcel of real property lying
and being situated in Ada County, Idaho, owned by the City and more particularly
described on Exhibit B attached hereto.
(h) The term "Purchase Prices" shall collectively refer to the ACHD Property
Purchase Price and the City Property Purchase Price, each defined in Section 4 below.
SECTION 2. Recitals.
2.1 City desires to obtain the ACHD Property for the purpose of creating a public
park.
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SALE AND PURCHASE AGREEMENT - 1
2.2 ACHD is planning a highway improvement program to be undertaken
sometime on or about 2009, known as the Hill Road Extension, Horseshoe Bend Road
(SH55)/State Street, Project No. RD 308 (hereinafter the "Project"), and ACHD desires
to obtain the City Property in connection with the Project.
2.3 The City and ACHD desire to enter into this Agreement for the purchase
and sale of ACHD Property and the City Property and to specify certain terms for the
sale as more particularly described herein.
SECTION 3. Aqreement to Sell and Purchase Properties; Reservation of Easement.
3.1 ACHD Property. Except for the reservation of a construction easement on
the ACHD Property for the Project, as set forth in Section 3.3 below, ACHD hereby
agrees to sell and convey the ACHD Property to the City, and the City hereby agrees to
purchase the ACHD Property from ACHD, for the consideration and on the terms and
conditions hereinafter set forth.
3.2 City Property. City hereby agrees to sell and convey the City Property to
ACHD, and ACHD hereby agrees to purchase the ACHD Property from the City for the
consideration and on the terms and conditions hereinafter set forth.
3.3 Reservation of Easement. ACHD shall reserve a temporary construction
easement over the ACHD Property (the "Construction Easement") for the Project.
3.4 Warranty Deeds. Title to the ACHD Property shall be conveyed by a
warranty deed, a form of which is attached hereto as Exhibit C, which shall include a
reservation of the Construction Easement. Title to the City Property shall be conveyed
by a warranty deed, a form of which is attached hereto as Exhibit D.
SECTION 4. Purchase Price; TiminQ and Method of Payment.
4.1 Purchase Price for ACHD Property. The purchase price to be paid by the
City for the ACHD Property is ONE-HUNDRED ONE THOUSAND THREE HUNDRED
AND FIFTEEN DOLLARS ($101,315.00) (the "ACHD Property Purchase Price").
4.2 Purchase Price for City Property. The purchase price to be paid by ACHD
for the City Property is THREE THOUSAND SEVEN HUNDRED AND EIGHTY-SIX
DOLLARS ($3,786.00) (the "City Property Purchase Price").
4.3 Down Payment: Amount. and TiminQ of Payment for ACHD Property. Upon
execution of this Agreement, the City shall pay a down payment for the purchase of the
ACHD Property in the amount of FIFTY THOUSAND DOLLARS ($50,000.00) and the
balance of the ACHD Property Purchase Price, plus all closing costs attributed to the
City as set forth below, shall be paid on the Closing Date in cash or other immediately
available funds. The ACHD Property Purchase Price shall be reduced by the amount of
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SALE AND PURCHASE AGREEMENT - 2
the City Property Purchase Price unless the sale of the City Property is not
consummated on the Closing Date.
4.4 Amount and Timinq of Payment for City Property. ACHD shall pay no down
payment for the purchase of the City Property. The City Property Purchase Price shall
be deducted from the ACHD Property Purchase Price (less any closing costs attributed
to ACHD as set forth below) on the Closing Date, unless the sale of the ACHD Property
is not consummated on the Closing Date, in which case ACHD shall pay the City
Property Purchase Price in cash or other immediately available funds.
SECTION 5. Closinq and Delivery of Possession.
5.1 Closina. The closing under this Agreement and delivery of all cash and all
executed instruments and documents contemplated herein shall take place on the
Closing Date at the offices of the Closing Agent. The parties shall deposit with the
Closing Agent all instruments and documents reasonably requested by the Closing
Agent to consummate the transactions contemplated herein.
5.2 ACHD's Payment and Documents. ACHD shall cause to be deposited
with the Closing Agent no later than the Closing Date, the following items:
(a) Deed. A recordable warranty deed in the form attached hereto as
Exhibit C, duly executed and acknowledged by ACHD and effective to convey to the
City title to the ACHD Property, with a reservation for a temporary construction
easement.
(b) Payment. The payment set forth in Section 4.4 above.
(c) Other Documents. Such documents as may be reasonably required
by the Closing Agent.
5.3 The City's Payment and Documents. The City shall cause to be
deposited with the Closing Agent no later than the Closing Date, the following items:
(a) Deed. A recordable warranty deed in the form attached hereto as
Exhibit D, duly executed and acknowledged by the City and effective to convey to
ACHD title to the City Property.
(b) Payment. The payment set forth in Section 4.3 above.
(c) Other Documents. Such documents as may be reasonably required
by the Closing Agent.
5.4 Delivery of Possession. The parties shall be entitled to possession of
their respective purchased properties immediately following the closing, provided,
however, that ACHD may enter onto the ACHD Property for a reasonable time period
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SALE AND PURCHASE AGREEMENT - 3
following the closing for the purpose of removing its gravel stockpile located on the
ACHD Property.
SECTION 6. Title Insurance.
6.1 Title Insurance for ACHD Property.
(a) Title to the ACHD Property shall be good and marketable and shall
be free and clear of all liens, restrictions, easements, and other encumbrances and title
objections, except for the Construction Easement and the exceptions to title as
determined in accordance with Subsection (b) below. Title shall be insured by title
insurance issued by Pioneer Title Company (the "Title Company") in the full amount of
the ACHD Property Purchase Price insuring title to the ACHD Property in the City,
subject only to the Construction Easement and other exceptions determined in
accordance with Subsection (b) below.
(b) Within ten (10) days after this Agreement is executed by both
parties, ACHD shall obtain and furnish to the City a commitment for title insurance
issued by the Title Company (the "ACHD Title Report"). Within thirty (30) days after
receipt by the City of the Title Report (the "ACHD Title Contingency Date"), the City
shall deliver written notice to ACHD ("City's Title Notice") of all matters of title to the
Property disapproved by the City (the "City's Disapproved Items"). The City's failure to
deliver City's Title Notice by the ACHD Title Contingency Date shall be deemed to be
the City's approval of all existing title matters. If City timely notifies ACHD of the City's
Disapproved Items, and any of the City's Disapproved Items are not cured within
sixty (60) days after the date of this Agreement, the City may terminate this Agreement
by giving ACHD written notice of termination and, in that event: (a) the parties shall
execute and deliver to the Escrow Agent escrow cancellation instructions, and
(b) except as otherwise provided herein, this Agreement shall be of no further force or
effect. The procurement by ACHD of a commitment for the issuance of the ACHD Title
Report, or an endorsement thereto, insuring the City against any City's Disapproved
Items set forth in City's Title Notice, shall be deemed the cure of such City's
Disapproved Items.
6.2 Title Insurance for the City Property.
(a) Title to the City Property shall be good and marketable and shall be
free and clear of all liens, restrictions, easements, and other encumbrances and title
objections, except as determined in accordance with Subsection (b) below. Title shall
be insured by title insurance issued by the Title Company in the full amount of the City
Property Purchase Price insuring title to the City Property in ACHD, subject only to the
other exceptions determined in accordance with Subsection (b) below.
(b) Within ten (10) days after this Agreement is executed by both
parties, the City shall obtain and furnish to ACHD a commitment for title insurance
issued by the Title Company (the "City Title Report"). Within thirty (30) days after
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SALE AND PURCHASE AGREEMENT - 4
receipt by ACHD of the Title Report (the "City Title Contingency Date"), ACHD shall
deliver written notice to the City ("ACHD's Title Notice") of all matters of title to the
Property disapproved by ACHD ("ACHD's Disapproved Items"). ACHD's failure to
deliver ACHD's Title Notice by the City Title Contingency Date shall be deemed to be
ACHD's approval of all existing title matters. If ACHD timely notifies the City of ACHD's
Disapproved Items, and any of ACHD's Disapproved Items are not cured within
sixty (60) days after the date of this Agreement, ACHD may terminate this Agreement
by giving the City written notice of termination and, in that event: (a) the parties shall
execute and deliver to the Escrow Agent escrow cancellation instructions, and
(b) except as otherwise provided herein, this Agreement shall be of no further force or
effect. The procurement by the City of a commitment for the issuance of the City Title
Report, or an endorsement thereto, insuring ACHD against any of ACHD's Disapproved
Items set forth in ACHD's Title Notice, shall be deemed the cure of such ACHD's
Disapproved Items.
SECTION 7. Closino Costs.
7.1 Closina Costs for ACHD Property.
The City shall pay the following costs and expenses in connection with the
transactions contemplated herein:
(a) the costs of the recording of the deed conveying title to the ACHD
Property; and
(b) the premium payable for the policy of title insurance described in
Section 6.2 for the sale of the City Property; and
(c) all of the fees of the Closing Agent required to accommodate the
terms and provisions of the purchase of the ACHD Property, exclusive of those
paid by ACHD, set forth in Section 7.2.
7.2 Closino Costs for City Property.
ACHD shall pay the following costs and expenses in connection with the
transactions contemplated herein:
(a) the costs of the recording of the deed conveying title to the City
Property; and
(b) the premium payable for the policy of title insurance described in
Section 6.1; and
(c) all of the fees of the Closing Agent required to accommodate the
terms and provisions of the purchase of the City Property, exclusive of those
paid by the City, set forth in Section 7.2.
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SALE AND PURCHASE AGREEMENT - 5
SECTION 8. Conditions Precedent to Closina; Termination of Aareement.
8.1 Closina Conditions. Notwithstanding anything in this Agreement to the
contrary, the obligations of ACHD (with regard to the purchase of the City Property) and
of the City (with regard to the purchase of the ACHD Property) to complete closing
under this Agreement are contingent upon the following conditions being satisfied within
the time specified in this Section 9. ACHD (with regard to the purchase of the City
Property) and the City (with regard to the purchase of the City Property) are each
referred to in this Section 9 as a "Buyer".
8.2 Ratification. This Agreement is made subject to the publication, notice,
and ratification requirements set forth in Idaho Code 9 67-2323.
8.3 Title Reports. Buyer shall have obtained, reviewed and approved the Title
Report and all other title-related documents to be provided pursuant to Section 6 above.
8.4 Effect of Failure to Satisfy Conditions. If the conditions precedent set forth
above are not satisfied within the respective time periods set forth therein, then, in
addition to any rights afforded by this Agreement, Buyer shall be entitled to terminate
this Agreement with respect to the property Buyer intended to purchase (either the
ACHD Property or the City Property, as applicable) and all payments shall be refunded.
8.5 Buver's Remedies Upon the Default of Seller.
(a) ACHD Remedies. In the event the City defaults under any of the terms of
this Agreement relevant to the sale of the City Property on or prior to the Closing Date
(including by failing or refusing to deliver any documents or information required to be
delivered pursuant hereto), ACHD shall be entitled to any rights and remedies provided
by law or in equity, and ACHD may also compel specific performance of this
Agreement, in which event ACHD may also recover its damages incurred as a result of
such default, including all of its reasonable costs and attorney fees in connection
therewith.
(b) City Remedies. In the event ACHD defaults under any of the terms of this
Agreement relevant to the sale of the ACHD Property on or prior to the Closing Date
(including by failing or refusing to deliver any documents or information required to be
delivered pursuant hereto), the City shall be entitled to any rights and remedies
provided by law or in equity, and the City may also compel specific performance of this
Agreement, in which event the City may also recover its damages incurred as a result
of such default, including all of its reasonable costs and attorney fees in connection
therewith.
SECTION 9. No representation. Except as otherwise expressly set forth herein,
neither ACHD nor the City, nor any of their respective employees or agents have made
any representations, guaranties, promises, statements, assurances or warranties,
express or implied, as to the suitability for any purpose or the profitability of owning and
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SALE AND PURCHASE AGREEMENT - 6
operating the property the party is selling hereunder, the physical condition thereof, the
rentals, income or expenses thereof, the net or gross acreage contained therein, the
zoning therefor, the condition of title thereto, the satisfaction of any local, state or
federal permits for the development or use thereof, to any other past, present or future
matter whatsoever. Both parties acknowledge that the properties being purchased
hereunder are being purchased "AS-IS," and no representations have been made as to
the suitability of the properties or any other use or condition of the properties.
SECTION 10. Attornevs' Fees. Should either party find it necessary to employ an
attorney for representation in any action seeking enforcement of any of the provisions
of this Agreement, or to protect its interest in any matter arising under this Agreement,
or to recover damages for the breach of this Agreement, or to resolve any disagreement
in interpretation of this Agreement, the unsuccessful party in any final judgment entered
therein agrees to reimburse the prevailing party for all reasonable costs, charges and
expenses, including attorneys' fees, expended or incurred by the prevailing party in
connection therewith and in connection with any appeal, and the same may be included
in such judgment.
SECTION 11. Notices. Any and all notices required to be given by either of the parties
hereto and/or by the Closing Agent shall be in writing and deemed delivered when
either (i) delivered personally, or (ii) sent by fax by a program that will confirm fax
delivery to the other party and/or the Closing Agent at the fax telephone number set
forth below, with a copy by First class U.S. Mail, postage prepaid, addressed to the
other party and/or the Closing Agent at the address set forth in Section 1, or (iii)
deposited in the United States Mail, certified, return receipt requested, postage prepaid,
addressed to the other party and/or the Closing Agent at the address set forth below, or
such other fax telephone number or mailing address as may be provided by written
notice of such change given to the other in the same manner as above provided.
Notices to the parties shall be sent to the following addresses and/or numbers:
If to ACHD:
If to the City:
Ada County Highway District
Attention: Randy Lane
Attention: Steven B. Price, Esq.
3775 Adams Street
Garden City, Idaho
83714-6447
Phone: (208) 387-6272
Fax: (208) 387-6391
The City of Eagle
Attention:
310 E. State Street
Eagle, Idaho 83616
Phone:
Fax:
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SALE AND PURCHASE AGREEMENT - 7
SECTION 12. Applicable Law. This Agreement shall be governed by, and construed in
accordance with, the law of the State of Idaho.
SECTION 13. Incorporation of Exhibits. All exhibits to this Agreement are incorporated
by reference and made a part of the terms, provisions and covenants of this
Agreement.
SECTION 14. Binding Effect. This Agreement shall be binding upon and inure to the
benefit of the parties hereto and their successors, provided that no assignment of their
respective rights and obligations hereunder shall be made by either party without the
prior written consent of the other.
SECTION 15. Time of Essence. All times provided for in this Agreement or in any
other instrument or document incorporated herein or contemplated hereby for the
performance of an act will be strictly construed, it being agreed that time is of the
essence of this Agreement.
SECTION 16. Entire Agreement: Modification. This Agreement and the Exhibits
attached hereto embody and constitute the entire understanding between the parties
with respect to the transaction contemplated herein, and all prior or contemporaneous
agreements, understandings, representations, and statements, oral or written, are
merged into this Agreement. Neither this Agreement nor any provision hereof may be
waived, modified, amended, discharged, or terminated except by an instrument in
writing signed by the party against which the enforcement of such waiver, modification,
amendment, discharge, or termination is sought, and then only to the extent set forth in
such instrument.
SECTION 17. Warranty of Authority to Execute.
17.1. The person(s) executing this Agreement on behalf of ACHD represent(s)
and warrant(s) due authorization to do so on behalf of ACHD, and that upon execution
of this Agreement on behalf of ACHD, the same is binding upon, and shall enure to the
benefit of, ACHD.
17.2. The person(s) executing this Agreement on behalf of the City represent(s)
and warrant(s) due authorization to do so on behalf of the City, and that upon execution
of this Agreement on behalf of the City, the same is binding upon, and shall enure to
the benefit, of the City.
SECTION 18. Counterparts. This Agreement may 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.
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SALE AND PURCHASE AGREEMENT - 8
IN WITNESS WHEREOF, the parties hereto have executed this Agreement the
day and year first above written.
CITY:
The City of Eagle
(1#411:1'~JtAd2{
Na cy M. rnl, Mayo
ACHD:
Ada County Highway District
Jay Schweitzer, Director
[Notary Acknowledgements Follow]
EXHIBITS
Exhibit A
Exhibit B
Exhibit C
Exhibit D
ACHD Property
City Property
Warranty Deed for ACHD Property
Warranty Deed for City Property
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SALE AND PURCHASE AGREEMENT - 9
STATE OF IDAHO )
) ss.
County of Ada )
-I._On this ~ day of 4tJa L , 2o!'/. before me,
I rt:l(:J~ Ii ,rl'1 , a Notary Public in and for the State of
Idaho, pers nally appeared Nancy C. Mernll, known or Identified to me to be the Mayor
of the City of Eagle, that the person who executed the foregoing instrument on behalf of
said City and acknowledged to me that such City executed the same.
IN WITNESS ~.J I have hereunto set my hand and affixed my official
seal the day and ~J: .i~_..~Rte first above written.
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State of Idaho
)
) ss.
)
County of Ada
On this day of , 20_, before me,
, a Notary Public in and for the State of
Idaho, personally appeared Jay Schweitzer, known or identified to me to be the Director
of the Ada County Highway District, the person who executed this instrument on behalf
of the Ada County Highway District, and acknowledged to me that the Ada County
Highway District 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.
Notary Public for the State of Idaho
Residing at Idaho
My Commission expires
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SALE AND PURCHASE AGREEMENT - 10
EXHIBIT A
ACHD Property
EXHIBIT B
City Property
EXHIBIT C
(Reserved for Ada County Recorder)
WARRANTY DEED WITH RESERVATION OF EASEMENT
FOR VALUE RECEIVED, ADA COUNTY HIGHWAY DISTRICT ("Grantor") has granted,
conveyed, bargained and sold, and does hereby grant, bargain, sell, convey and confirm to
THE CITY OF EAGLE ("Grantee"), whose address is 310 W. State Street, Eagle, Idaho, and its
successors and assigns forever, that certain real property situated in the COUNTY OF ADA,
STATE OF IDAHO, more particularly described on Schedule 1 attached hereto and by this
reference made a part hereof,
TOGETHER with all and singular the buildings, 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 (the "Premises");
SUBJECT TO those exceptions set forth on Schedule 2 attached hereto and by this
reference made a part hereof;
Grantor covenants to the Grantee, its successors and assigns, that the Grantee shall
enjoy the quiet and peaceful possession of the Premises, except as provided herein;
Grantor warrants to the Grantee, its successors and assigns, that Grantor is the owner
of said Premises in fee simple and has the right and authority to convey the same to Grantee,
and Grantor will defend the Grantee's title from all lawful claims whatsoever, except as provided
herein; and
RESERVING UNTO GRANTOR A TEMPORARY CONSTRUCTION EASEMENT (the
"Easement") under, over, through and across that certain portion of the Premises more
particularly described on Schedule 3 attached hereto and by this reference made a part hereof
(the "Easement Property") pursuant to the following terms:
1. Authorized Uses Bv Grantor. Grantor's use of the Easement granted herein
shall be in connection with the construction, widening and improvement of a highway on
adjoining and abutting property owned by Grantor (the "Dominant Estate"), for access and
egress for equipment and vehicles, for construction, excavation, storage of earth and other
materials thereon, for surveying, and for all other reasonable uses that are necessary,
advisable or convenient to Grantor in connection with such highway construction and
improvement project, and for ingress and egress to and from the Dominant Estate, such
construction is referred to known as the Hill Road Extension, Horseshoe Bend Road
(SH55)/State Street, Project No. RD 308.
2. Use by Grantor Aoents. Grantor's right to so use the Easement Property during
the term of the Easement shall extend to use by Grantor's Commissioners, employees,
contractors and agents.
3. Term. This Easement shall be for a term commencing on the date of the
execution of this deed and terminating no later than ten (10) years following the date of the
execution of this deed or completion of Project Number RD257 whichever occurs first. On the
expiration of the term of this Easement, the rights and privileges granted to Grantor hereunder
shall cease and terminate and this Easement shall be null and void and of no further force and
effect.
4. Indemnification. Grantor hereby agrees to indemnify and hold Grantee harmless
from and against any and all claims for loss, injury, death and damage caused by or arising out
of the use of the Easement Property by Grantor, its Commissioners, employees, contractors
and agents, hereunder.
6. Bindino Effect. This Easement, and the covenants and agreements herein
contained, shall, during the entire term hereof, be binding upon and inure to the benefit of (i)
Grantor and Grantee, respectively, and their successors and assigns, and (ii) their respective
interests in the Easement Property and the Dominant Estate.
7.
Estate.
Appurtenant. The Easement herein granted is appurtenant to the Dominant
IN WITNESS WHEREOF, this WARRANTY DEED WITH RESERVATION OF
EASEMENT has been duly executed by the GRANTOR, as of this _ day of , 20_.
GRANTOR:
Ada County Highway District
Jay Schweitzer, Director
[Notary acknowledgment follows.]
State of Idaho )
) ss.
County of Ada )
On this day of , 20_, before me,
, a Notary Public in and for the State of Idaho,
personally appeared Jay Schweitzer, known or identified to me to be the Director of the Ada
County Highway District, the person who executed this instrument on behalf of the Ada County
Highway District, and acknowledged to me that the Ada County Highway District 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.
Notary Public for the State of Idaho
Residing at Idaho
My Commission expires
EXHIBIT 0
(Reserved for Ada County Recorder)
WARRANTY DEED
FOR VALUE RECEIVED, THE CITY OF EAGLE ("Grantor") has granted, conveyed,
bargained and sold, and does hereby grant, bargain, sell, convey and confirm to ADA COUNTY
HIGHW A Y DISTRICT ("Grantee"), whose address is 3775 Adams Street, Garden City,
Idaho 83714, and its successors and assigns forever, that certain real property situated in the
COUNTY OF ADA, STATE OF IDAHO, more particularly described on Schedule 1 attached
hereto and by this reference made a part hereof,
TOGETHER with all and singular the buildings, 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 (the "Premises");
SUBJECT TO those exceptions set forth on Schedule 2 attached hereto and by this
reference made a part hereof;
Grantor covenants to the Grantee, its successors and assigns, that the Grantee shall
enjoy the quiet and peaceful possession of the Premises; and
Grantor warrants to the Grantee, its successors and assigns, that Grantor is the owner
of said Premises in fee simple and has the right and authority to convey the same to Grantee,
and Grantor will defend the Grantee's title from all lawful claims whatsoever.
IN WITNESS WHERE~)hiS WARI1ANTY DEED has been duly executed by the
Grantor, as of thi~ day of /, 20~
GRANTOR:
The City of Eagle
[Notary acknowledgment follows.]
STATE OF IDAHO )
) ss.
County of Ada )
. On llJi9 8;f!;; ';Jf of ~ / . 20.Q,'I before me,
7r'a (1r. t:. ,~ , a Notary Public in and for the State of Idaho,
personally ppeared Nancy C. Merrill, known or identified to me to be the Mayor of the City of
Eagle, that the person who executed the foregoing instrument on behalf of said City and
acknowledged to me that such City 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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3223211_3,DOC