Resolution - 2016 - 2192 - Grant 11.93 Acres-Ada/Eagle Sports Complex To Eagle City - 11/15/2016RESOLUTION NO. 2192
RESOLUTION AUTHORIZING THE SALE AND GRANT OF
APPROXIMATELY
11.93 ACRES OF COUNTY -OWNED REAL PROPERTY
TO THE CITY OF EAGLE
A RESOLUTION OF THE BOARD OF THE ADA COUNTY COMMISSIONERS
AUTHORIZING THE SALE AND GRANT OF APPROXIMATELY 11.93 ACRES OF
COUNTY -OWNED REAL ESTATE TO THE CITY OF EAGLE; FINDING THE SALE
TO BE IN THE PUBLIC INTEREST; FINDING THE PROPERTY NOT NECESSARY
TO THE COUNTY'S USE; APPROVING AND AUTHORIZING EXECUTION OF THE
AGREEMENT FOR PURCHASE AND SALE OF PROPERTY; AND AUTHORIZING
THE CHAIRMAN TO APPROVE AND EXECUTE ANY DOCUMENTS NECESSARY
TO CARRY OUT THE INTENT OF THE BOARD IN ACCOMPLISHING THE SALE
AND GRANT OF THE PROPERTY TO THE CITY OF EAGLE.
THE BOARD OF THE ADA COUNTY COMMISSIONERS FINDS AS
FOLLOWS:
1. Ada County is a duly formed and existing county pursuant to the laws and
Constitution of the State of Idaho (hereinafter "County");
2. That the County currently owns a tract of real property approximately
219 acres in size, commonly known as the Ada -Eagle Sports Complex, which is located
to the east of the City of Eagle's municipal boundaries;
3. The City of Eagle has expressed interest in purchasing a portion of the
Ada -Eagle Sports Complex property, consisting of two separate parcels measuring
approximately 11.93 acres total in size, which is more particularly described in the legal
descriptions attached hereto and incorporated by this reference as Exhibit A (hereinafter
referred to collectively as the "Property");
4. Pursuant to Idaho Code section 31-808(9), the County may sell and grant
real property to any political subdivision of the State of Idaho, with or without
compensation, so long as the County finds the grant of property is in the public interest,
and so long as the County first advertises notice of the sale pursuant to Idaho Code
section 31-808(1);
5. The Board finds the sale of the Property to the City of Eagle would be in
the public interest as it would allow for and encourage further development of park and
public recreation opportunities;
RESOLUTION NO. 2192 — PAGE 1
6. The Board finds the Property is not otherwise necessary for the County's use;
7. The negotiated purchase price is for $42,069.12, or $3,526.33 per acre,
which reflects concessions made by the City regarding the future use of the Property and
other inducements to the County;
8. Notice of this sale was advertised, by publication in the Idaho Statesman,
on the 11 th day of November, 2016;
9. That the Board finds the sale of the Property to be in the best interests of
the County and its residents;
NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF THE ADA
COUNTY COMMISSIONERS THIS 22ND DAY OF NOVEMBER, 2016, that the sale
and grant of the Property from Ada County to the City of Eagle is in the public interest;
and
BE IT FURTHER RESOLVED that the form and content of the Agreement for
Purchase and Sale of Property between Ada County and the City of Eagle, Agreement
No. 12056, is hereby approved; and
BE IT FURTHER RESOLVED that the Board shall approve, enter into and
execute the Agreement for Purchase and Sale of Property between Ada County and the
City of Eagle; and
BE IT FURTHER RESOLVED that the Chairman of the Board be, and hereby is
authorized to carry out the intent of this Resolution by attending any necessary
pre-closing or closing meetings, and approving or executing, or both, as the case may be,
all other documents, including any necessary closing statements, required to complete
this transaction for the benefit of the County and its residents.
RESOLUTION NO. 2192 — PAGE 2
ADOPTED this 22"d day of November, 2016.
Board of the Ada County Commissioners
By:
J Tibbs, Commissioner
By:
Rick Yzaguirr, Commissioner
By: Qlkt�
D vid L. Case, Commissioner
ATTEST:
Christoph D. Rich, A a County Clerk
RESOLUTION NO. 2192 — PAGE 3
EXHIBIT A
LEGAL DESCRIPTION FOR
PARCEL A — CITY OF EAGLE/ADA CO.
A parcel of land being a portion of Lot 1 of Block 1 of Hidden Hollow Subdivision, as
filed for record in the office of the Ada County Recorder, Boise, Ada County, Idaho in Book 53
of Plats at page 4782, as shown on Record of Survey No. 10695, filed for record in the office of
the Ada County Recorder, Boise, Idaho under Instrument No. 2016-107911 lying in the SW 1/4
of Section 2, TAN., R.IE, B.M., Ada County, Idaho and more particularly described as follows:
Commencing at a brass cap marking West 1/4 corner of said Section 2; thence along the
East-West centerline of said Section 2
South 89° 40' 26" East 850.04 feet to an iron pin on the East boundary of Record of
Survey No. 9645; thence at right angles along said East boundary
South 00° 19' 34" West 83.35 feet to an iron pin marking the POINT OF BEGINNING;
thence leaving said East boundary
South 79° 13' 14" East 434.64 feet to an iron pin; thence
South 45° 20' 31 " West 382.66 feet to an iron pin; thence
South 59'21'37" West 462.85 feet to an iron pin; thence
North 66'38' 10" West 174.23 feet to an iron pin; thence
South 77° 46' 19" West 72.40 feet to an iron pin; thence
South 10° 51' 30" West 80.11 feet to an iron pin; thence
South 79° 08' 02" West 45.98 feet to an. iron pin on said East boundary of Record of
Survey No. 9645; thence along said East boundary
North 12° 22' 05" West 153.39 feet to an iron pin; thence continuing
North 700 10' 54" East 391.53 feet to an iron pin; thence continuing
South 30° 38'39" East 33.27 feet to an iron pin; thence continuing
North 59° 21' 37" East 209.78 feet to an iron pin; thence continuing
North 00° 19'34" East 258.87 feet to the POINT OF BEGINNING,
Said parcel of land contains 4.51 acres, more or less.
RESOLUTION NO. 2192 - PAGE 1 — EXHIBIT A
LEGAL DESCRIPTION FOR
PARCEL B — CITY OF EAGLE/ADA CO.
A parcel of land being a portion of Lot 1 of Block 1 of Hidden Hollow Subdivision, as
filed for record in the office of the Ada County Recorder, Boise, Ada County, Idaho in Book 53
of Plats at page 4782, as shown on Record of Survey No. 10695, filed for record in the office of
the Ada County Recorder, Boise, Idaho under Instrument No. 2016-107911 lying in the SW 1/4
of Section 2, TAN., R. IE, B.M., Ada County, Idaho and more particularly described as follows:
Commencing at a brass cap marking the Southwest corner of said Section 2, thence along
the South boundary of said Section 2 .
South 89° 11' 30" East 40.57 feet to a point marking a point of curve on the East
right-of-way line of Old State Highway No. 55; thence along said East right-of-way line along
the arc of a curve to the left 111.14 feet, said curve having a radius of 1945.94 feet, a central
angle of 3° 16' 20" and a long chord bearing
North 01' 53' 57" West 111.12 feet to an iron pin marking the POINT OF
BEGINNING; thence continuing along said East right-of-way line along the arc of a curve to
the left 388.75 feet, said curve having a radius of 1945.94 feet, a central angle of 11° 26 47" and
a long chord bearing
North 09° 15' 30" West 388.11 feet to an iron pin marking the Southwest corner of
Record of Survey No. 9645, as filed for record in the office of the Ada County Recorder, Boise,
Idaho under Instrument No. 114012934; thence along the South boundary of said Record of
Survey No. 9645
North 71' 53' 21" East 596.11 feet, formerly 595.22 feet, to an iron pin marking the
Southeast corner of said Record of Survey No. 9645; thence along the extended East boundary of
said Record of Survey No. 9645
South 21 ° 42' 31 " East 622.89 feet to an iron pin; thence along a line 111.00 feet North of
and parallel with said South boundary of Section 2
North 89° 11' 30" West 734.61 feet to the POINT OF BEGINNING,
Said parcel of land contains 7.42 acres, more or less.
RESOLUTION NO. 2192 - PAGE 2 — EXHIBIT A
BY THE COUNCIL:
RESOLUTION NO. 16-31
KUNZ, SOELBERG, PRESTON,
BASTIAN
A RESOLUTION APPROVING THE AGREEMENT FOR PURCHASE AND SALE OF
PROPERTY BETWEEN THE CITY OF EAGLE AND ADA COUNTY FOR
APPROXIMATELY 11.93 ACRES OF THE "ADA -EAGLE SPORTS COMPLEX;"
AUTHORIZING THE MAYOR AND CITY CLERK TO RESPECTIVELY EXECUTE
AND ATTEST SAID AGREEMENT; AND PROVIDING AN EFFECTIVE DATE.
WHEREAS, the City of Eagle desires to purchase approximately 11.93 acres of the Ada -
Eagle Sports Complex to provide additional City park space and continue to support the users of
the Sports Complex;
WHEREAS, Ada County owns and desires to sell the approximate 11.93 acres to the City
of Eagle, that portion of the Ada -Eagle Sports Complex for good and valuable consideration as
provided in the Agreement for Purchase and Sale of Property Between the City of Eagle and Ada
County, heretofore attached and marked as "Exhibit A."
NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF
THE CITY OF EAGLE, IDAHO:
Section 1. That the AGREEMENT FOR PURCHASE AND SALE OF PROPERTY
BETWEEN THE CITY OF EAGLE AND ADA COUNTY, attached hereto and incorporated
herein by reference, be, and the same is hereby, approved as to both form and content.
Section 2. That the Mayor and City Clerk be, and they hereby are, authorized to
respectively execute and attest said Agreement for and on behalf of the City of Eagle, Idaho.
Section 3. That 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, this [5day of November, 2016.
RESOLUTION NO. 16-31
APPROVED by the Mayor of the City of Eagle, Idaho this ��-4ay of November, 2016.
APPROVED:
: 2/,On
Stan Ridgeway .•`'� OF ,6 . haron Bergmann
MAYOR .•','G�:•••~•••••••��, •'. CITY CLERK
eyoR
• . Cr �n •
SEAL ro
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ATTEST:
RESOLUTION NO. 16-31
AGREEMENT NO. VL)
AGREEMENT FOR PURCHASE AND SALE OF PROPERTY
BETWEEN
ADA COUNTY AND THE CITY OF EAGLE
THIS AGREFMENT FOR PURCHASE AND SALE OF PROPERTY (`'Agreement") is
entered into by and between Ada County, a duly formed and existing county pursuant to the laws
and Constitution of the State of Idaho ("Seller"), and the City of Eagle, an Idaho municipal
corporation organized under the laws of the State of Idaho ("Buyer").
RECITALS
WHEREAS, Seller owns approximately 219 acres of land on the east side of Buyer's
municipal boundaries, in the area commonly known as the Ada -Eagle Sports Complex ("Sports
Complex");
WHEREAS, Buyer desires to purchase certain portions of the Sports Complex owned by
Seller, consisting of approximately l 1.93 acres, in order to develop the land for park and public
recreation opportunities and potentially other public uses as specified in the Bargain and Sale
Deed attached hereto as Exhibit B, and to protect their development interests in the land;
WHEREAS, pursuant to Idaho Code § 31-808(9), Seller, as a county, may transfer
property to a political subdivision of the State of Idaho if Seller finds the transfer to be in the
public interest; and
WHEREAS, Seller finds that having developed park and public recreation opportunities
is in the public interest.
NOW, THEREFORE, in consideration of the mutual covenants and agreements
contained herein, Seller -and Buyer agree as follows:
1, Purchase and Sale. Subject to the terms and conditions hereof, Seller agrees to
sell to Buyer and Buyer agrees to buy from Seller those certain parcels of real estate legally
described in Exhibit A attached hereto and made a part hereof, including, without limitation, any
right, title, and interest of Seller in and to adjacent streets, alleys, rights-of-way, easements and
any and all tenements, hereditaments, and appurtenances pertaining thereto (together the
"Property").
2. Purchase Price. The purchase price ("Purchase Price") to be paid by Buyer to
Seller for the Property shall be Forty -Two Thousand Sixty -Nine and Twelve Cents ($42,069.12).
On the Closing Date, Buyer shall deliver the Purchase Price to Seller by wire transfer or other
form of immediately available funds, payable to Seller at closing, subject to the prorations and
adjustments identified in Paragraph 8 of this Agreement, if any.
3. Covenants and Representations. Buyer and Seller hereby make the following
covenants and representations:
AGREEMENT FOR PURCHASE AND SALE OF PROPERTY - PAGE 1
(a) Other than as stated herein, Seller has the requisite power and authority to
enter into and fully carry out this Agreement and any sale of the Property made pursuant
hereto.
(b) Buyer 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.
(c) Seller has not and shall not commit any act or omission that 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) Seller 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 Buyer.
(e) Buyer understands that all zoning and land use actions and permissions,
including, but not limited to, any permits, subdivisions, lot splits, lot combos, lot line
adjustments, or other actions as may be required to allow the transaction to proceed are
Buyer's sole responsibility, and Seller makes no representations or warranties as to their
availability nor any of the processes employed by Buyer in connection therewith.
(f) Buyer acknowledges that it has been afforded the right and opportunity to
enter upon the Property and make such tests and inspections of the Property as Buyer
desires, including, but not limited to, those related to soils, environmental issues, pests,
molds and allergens, and engineering matters. Buyer acknowledges that some conditions
that may be material to Buyer may not be discoverable without inspections and/or testing
from qualified professionals. Buyer acknowledges that Seller and its agents, officers,
attorneys, and employees make no representations or warranties (express or implied) with
respect to, and shall have no liability to Buyer for, (a) the conditions of the Property or
any buildings, structures, or improvements thereon, or the suitability, habitability,
merchantability, or fitness of the Property for Buyer's intended uses, or for any use
whatsoever; (b) the Property's compliance with any applicable building, environmental,
safety, zoning, or fire laws or regulations or with respect to the existence of or
compliance with any required permits, if any, of any governmental agencies; and (c) any
other matter relating to the conditions of the Property. Buyer warrants to Seller that
Buyer will make all of the investigations and inspections Buyer deems necessary in
connection with its purchase of the Property and Buyer will be deemed to have approved
without reservation all aspects of this transaction, including but not limited to the
physical conditions of the Property and the use, title, and financial aspects of the
operation of the Property. Buyer agrees that Buyer is acquiring the Property in a "where -
is" "as -is" condition, with all faults with respect to any and all facts, circumstances,
conditions and defects, whether known or unknown, relating to the Property. Buyer
expressly understands and acknowledges that it is possible that problems, conditions, or
claims may exist with respect to the Property unknown to Buyer and that Buyer explicitly
AGREEMEN"f FOR PURCHASE AND SALE OF PROPERTY - PAGE 2
took such into account in determining the purchase price for the Property, and that a
portion of such consideration, having been bargained for between the parties, was with
the knowledge of the possibility of such unknown problems, conditions, or claims.
4. Closing and Obligations at Closing:. Subject to any termination of this
Agreement permitted hereunder by Seller or Buyer, closing shall take place on a date mutually
agreed upon in writing by Seller and Buyer ("Closing Date"); provided, however, that said date
shall occur not later than thirty (30) days from the date the last party executes this Agreement,
unless such 30 -day period is extended by written agreement of the parties. On or before the
Closing Date, the obligations of Buyer and Seller shall be as follows:
(a) Buyer shall cause the Purchase Price, plus or minus prorations, if any, to
be transferred to the Seller, as provided herein.
(b) Seller shall execute and deliver a Deed, in the form attached hereto as
Exhibit B, conveying title to the Property to Buyer.
(e) Seller and Buyer shall execute such other documentation as is reasonably
requested or as is required by this Agreement or applicable law to effectuate the
transaction contemplated hereby.
5. Prorations. All expenses and charges in connection with ownership and use of
the Property, including real estate taxes, if any, 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.
6. Survey Costs. Buyer has caused the Property to be surveyed in connection with
this purchase and sale transaction. Buyer agrees to pay the surveyor, Tealey's Land Surveying,
for the entirety of the invoiced costs of said survey.
7. Default and Remedies. If Seller fails or refuses to comply with the terms of this
Agreement, for any reason other than Buyer's default hereunder, Buyer's remedies shall include
all those available in law or equity, including, if elected by Buyer, specific performance. If
Buyer fails or refuses to comply with the terms of this Agreement, for any reason other than
Seller's default hereunder, Seller's remedies shall include all those available in law or equity,
including, if elected by Seller, specific performance.
8. Destruction or Damaee. In the event that prior to the Closing Date all or any
material portion of the Property shall be destroyed or damaged, Seller shall give Buyer notice of
such occurrence and either Seller or Buyer shall thereafter have the option to terminate this
Agreement in which event all obligations of the parties hereunder shall cease and this Agreement
shall have no further force and effect. Seller shall exercise its option to terminate the Agreement
by giving Buyer notice of such termination concurrently with the notice of the destruction or
damage. Buyer shall exercise its option to terminate the Agreement by giving Seller notice of
such termination within thirty (30) days after receipt of notice from Seller. If either party
terminates the Agreement under this section, all earnest money shall be immediately refunded to
AGREEMENT FOR PURCHASE AND SALE OF PROPERTY - PAGE 3
the Buyer.
If Seller elects to terminate, Buyer shall have the option, which must be exercised prior to
the Closing Date, to nullify Seller's notice of termination by giving notice to Seller of Buyer's
intention to accept the Property "as is" and irrespective of such damage, in which event the
parties shall proceed to close this transaction in accordance with the terms hereof and with no
reduction in the Purchase Price; provided, however, Seller shall assign to Buyer any and all
rights Seller may have to insurance proceeds pertaining to such damage. if Buyer fails to
exercise said option prior to the Closing Date, this Agreement shall be deemed terminated and all
rights and obligations of the parties hereunder shall cease.
9. Notices. Any and all notices, demands, consents, approvals or other
communications required or permitted to be given under this Agreement or applicable law shall
be effective only if in writing, signed by the applicable party, properly addressed, and: (a)
delivered in person; (b) deposited with the United States Postal Service as first-class mail,
postage prepaid, return receipt requested; or (c) sent via facsimile to the parties at the addresses
or fax numbers provided below. Notices shall be effective upon receipt or two (2) business days
after mailing, whichever is earlier.
Seller: Ada County
Board of Ada County Commissioners
200 W. Front Street, Room 3255
Boise, Idaho 83702
Facsimile: (208) 287-7009
With a copy to: Ada County Prosecuting Attorney's Office
Attn: Civil Division
200 W. Front Street, Room 3191
Boise, Idaho 83702
Facsimile: (208) 287-7719
Buyer: City of Eagle
Eagle City Clerk
660 East Civic Lane
Eagle, Idaho 83616
Facsimile: (208) 939-6827
10. Assignment. Buyer shall not have the right to assign or transfer Buyer's interest
in this Agreement without the prior written consent of Seller, which consent may be withheld in
Seller'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 Seller's election, shall constitute a default by
Buyer hereunder, entitling Seller to terminate this Agreement.
11. Other Acts. Buyer and Seller 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.
AGREEMENT FOR PURCHASE AND SALE OF PROPERTY - PAGE 4
12. Time Is Of The Essence. Buyer and Seller 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 of time 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 Saturday, Sunday or legal
holiday, then the time of such performance shall be extended to the next business day thereafter.
13. 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.
14. Exhibits. The Exhibits to this Agreement are incorporated into this Agreement
by this reference as if fully set forth herein.
15. 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.
Each of the parties acknowledge having the assistance of legal counsel in reviewing, drafting,
and considering the terms of this Agreement, and therefore, in the event of any dispute involving
the meaning or construction of the terms of this Agreement there shall not arise any presumption
that such terms be construed against one party over the other.
16. Applicable Law and Parties Bound. This Agreement shall be governed by and
interpreted in accordance with the laws of the State of Idaho, with venue for any action brought
pursuant to this Agreement to be in the Fourth Judicial District, State of Idaho. This Agreement
shall be binding upon and inure to the benefit of the parties hereto and, subject to the provisions
of Paragraph 14 hereof, their respective successors and permitted assigns.
17. Attomev 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 reasonable attorney fees as a result thereof from the non -prevailing party.
18. Amendments. This Agreement may be amended, modified, or supplemented only
by a writing duly executed by both parties, which may be executed in counterparts, all of which
shall be deemed to constitute one document.
19. No Mereer. The obligations, representations and warranties herein contained
shall not merge with transfer of title, but shalt remain in effect until fulfilled.
20. 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 duly executed and delivered by Buyer and Seller. The parties
acknowledge that none of the prior oral agreements between them (and none of the
AGREEMENT FOR PURCHASE AND SALE OF PROPERTY - PAGE 5
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.
21. No Recording. Buyer shall not record this Agreement or any memorandum or
short form hereof.
22. Counterparts. This Agreement may be executed in counterparts, all of which
counterparts taken together shall be deemed to be but one original.
[SIGNATURES ON FOLLOWING PAGE]
AGREEMENT FOR PURCHASE AND SALE OF PROPERTY - PAGE 6
DATED this -�Rmoday of� _ 2016.
SELLER:
Board of Ada County Commissioners
By: --
J' Ibbs, Commissioner
By: _!
Rick Yzaguirre, CoMiiissioner
(k -
By:
D 60L�
d .Case, Commissioner
ATTEST:
Christopher . Rich, Ada County Clerk
BUYER:
City of Eagle
By:
Stan Ridgeway
ATTEST: ����..............
OF E�A
OILY
Sharon K. Bergmann, Eagle City Clerk = ��
i* SEAL
AGREEMENT FOR PURCHASE AND SALE OF PROPERTY - PAGE 7
EXHIBIT A
LEGAL DESCRIPTIONS
(3 pages)
,r TEALEY'S LAND 12594 W Explorer Drive, Suite 150 a Boise, Idaho 83713
SURVEYING (208) 385-0636
Fax (206) 385-0696
Project. No.: 4117
Date: October 20, 2016
DESCRIPTION FOR
PARCEL A — CITY OF EAGLE/ADA CO.
A parcel of land being a portion of Lot 1 of Block 1 of Hidden Hollow Subdivision,
as filed for record in the office of the Ada County Recorder, Boise, Ada County, Idaho in
Book 53 of Plats at page 4782, as shown on Record of Survey No. ,'�.%& !25" , filed
for record in the office of the Ada County Recorder, Boise, Idaho under Instrument No.
fir. ((r—(.��'7�'! I/lying in the SW 1/4 of Section 2, TAN., RAE, B.M., Ada County,
Idaho and more particularly described as follow:
Commencing at a brass cap marking West 1/4 corner of said Section 2; thence
along the East-West centerline of said Section 2
South 89°40'26" East 850.04 feet to an iron pin on the East boundary of Record of
Survey No. 9645; thence at right angles along said East boundary
South 00°19'34" West 83.35 feet to an Iron pin marking the POINT OF
BEGINNING; thence leaving said East boundary
South 79°13'14" East 434.64 feet to an iron pin; thence
South 45°20'31 " West 382,66 feet to an iron pin; thence
South 59°21'37" West 462.85 feet to an iron pin; thence
North 66°38'10" West 174.23 feet to an iron pin; thence
South 7704619" West 72.40 feet to an iron pin; thence
South 10°51'30" West 80.11 feet to an iron pin; thence
South 79°08'02" West 45.98 feet to an iron pin on said East boundary of Record
of Survey No. 9645; thence along said East boundary
North 12°22'05" West 153.39 feet to an iron pin; thence continuing
North 70910'54" East 391.53 feet to an iron pin; thence continuing
South 30038'39" East 33.27 feet to an iron pin; thence continuing
North 59021'37" East 209.78 feet to an iron pin; thence continuing
North 00'19'34" East 258.87 feet to the POINT OF BEGINNING,
Said parcel of land contains 4.51 acres, more or less.
w14 t t 7TDo64117•a deee.docx- tde
• TEALETS LAND 12594 W Explorer Drive, Suite 150 • Boise, Idaho 83713
SURVEYING (208) 385-0636
Fax (208) 385-06.96
Project. No.* 4117
Date: October 20, 2016
DESCRIPTION FOR
PARCEL B – CITY OF EAGLE/AOA CO.
A parcel of land being a portion of Lot 1 of Block 1 of Hidden Hollow Subdivision,
as filed for record in the office of the Ada County Recorder, Boise, Ada County, Idaho in
Book 53 of Plats at page 4782, as shown on Record of Survey No. It Ir'9�r , filed
for record in the office of the Ada County Recorder, Boise, Idaho under Instrument No.
,,,2U 4,— - /C''7 `/1/ lying in the SW 1l4 of Section 2, TAN., R.1 E, B.M., Ada County,
Idaho and more particularly'described as follow:
Commencing at a brass cap marking the Southwest corner of said Section 2;
thence along the South boundary of said Section 2
South 89911'30" East 40.57 feet to a point marking a point of curve on the East
right-of-way line of Old State Highway No. 55; thence along said East right-of-way line
along the arc of a curve to the left 111.14 feet, said curve having a radius of 1945.94 feet,
a central angle of 3"16'20" and a long chord bearing
North 01053'57" West 111.12 feet to an iron pin marking the POINT OF
BEGINNING; thence continuing along said East right-of-way line along the arc of a curve
to the left 388.75 feet, said curve having a radius of 1945.94 feet, a central angle of
11 026'47" and a long chord bearing
North 09°115'30" West 388.11 feet to an iron pin marking the Southwest corner of
Record of Survey No. 9645, as filed for record in the office of the Ada County Recorder,
Boise, Idaho under Instrument No. 114012934; thence along the South boundary of said
Record of Survey No. 9645
North 71053'21" East 596.11 feet, formerly 595.22 feet, to an iron pin marking the
Southeast corner of said Record of Survey No. 9645; thence along the extended East
boundary of said Record of Survey No. 9645
South 21°42'31" East 622.89 feet to an Iron pin; thence along a line 111.00 feet
North of and parallel with said South boundary of Section 2
North 89011'30" West 734.61 feet to the POINT OF BEGINNING,
Said parcel of land contains 7.42 acres, more or less.
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BARGAIN AND SALE DEED
(8 pages)
RECORDING REQUESTED BYAND
WHEN RECORDED RETURN TO -
BARGAIN AND SALE DEED
This Bargain and Sale Deed is made this
2016, between Ada County, a duly formed and
Constitution of the State of Idaho ("Grantor"),
corporation ("Grantee"), whose current address is
Idaho 83616.
Section 1. Conve\ ance
(Space Above For Recorder's Use)
day of
existing county pursuant to the laws and
and the City of Eagle, an Idaho municipal
660 E. Civic Lane, P.O. Box 1520, Eagle,
For value received, Grantor does hereby bargain, sell, and quitclaim to Grantee those
certain parcels of land lying and being in the County of Ada, State of Idaho, as more particularly
described in Exhibit A attached hereto and incorporated herein (hereinafter, the "Property");
To have and to hold the Property, with its appurtenances unto Grantee, and Grantee's
successors and assigns forever.
Section 2. Conditions of ConveN ance
TO HAVE AND TO HOLD the Property unto the Grantee so long as the Grantee shall
comply with the following express conditions and restrictions:
a. Grantee's use, maintenance, and development of the Property shall comply with, be
limited to, and be consistent with those uses specified under the "Public/Semi-Public"
zoning classification to which the Property is presently subject, as per Title 8 of the City
Code of the City of Eagle ("City Code"); to -wit, as per City Code § 8-2-3, "Schedule of
District Use Regulations," the Property may only be used, maintained, or developed for
the following purposes:
Golf course and related services
Government building, offices
Library
Museum
BARGAIN AND SALE DEED - 1
Park and recreation facilities
Portable classroom
Public service facilities
School, public or private
Ambulance services
Animal shows or sales
Arts and crafts shows
Christmas tree sales
Circuses and carnivals
Emergency healthcare
Emergency services
Parking lot, parking garage
Personal wireless facilities (enclosed building, height — 35' or less)
Personal wireless facilities (enclosed building, height — over 35')
Personal wireless facilities (height — 35' or less)
Personal wireless facilities (height — over 35')
Street fair
Vet clinic (animal hospital)
In interpreting the provisions of this restriction, the current zoning provisions of the City
Code as are in effect as of the date of this Bargain and Sale Deed shall in all respects
govern and control. Any subsequent amendments or changes to the City Code shall not
supersede, modify, or alter the provisions of this Bargain and Sale Deed restriction,
which shall in all respects relate back and be interpreted as per the City Code provisions
currently in existence as of the recording date of this Deed. Any use, maintenance, or
development upon the Property shall be subject to Grantee obtaining all permits,
approvals, zoning and/or conditional use permits, and any other permissions as may be
necessary.
b. At no time and under no circumstances shall the Properly or any portion thereof be used,
maintained, or developed for any purpose that is not consistent with the current
"Public/Semi-Public" zoning classification to which the Property is currently subject. In
the event Grantee leases or transfers possessory rights to any of the Property, Grantee
shall ensure the conditions and restrictions of this Bargain and Sale Deed are complied
with by any such third parties. Further, Grantee shall not sell, transfer, or convey
ownership or title to the Property or any portion thereof to any third party.
Section 3. Effect of Breach of Conditions
It is made an express condition of this conveyance that if the Property or any portion
thereof is developed, maintained, or used in derogation of the foregoing provisions, or if Grantee
shall breach any of the conditions or restrictions contained in this Bargain and Sale Deed, then in
such event Grantor, at its sole option, may demand, in writing, that Grantee be divested of the
title to the Property. In such case, title to the Property shall end effective upon Grantee's receipt
of Grantor's written demand, without the necessity of any conveyance, and the title to the
BARGAIN AND SALE DEED - 2
Property shall revert to Grantor. The provisions hereof may be enforced by Grantor, its heirs,
personal representatives, successors and assigns.
Section 4. Term of Conditions and Restrictions
The term of the conditions and restrictions imposed in this conveyance shall continue for
a period of twenty-five (25) years after the date of recordation of this Bargain and Sale Deed.
After the expiration of said period, said conditions and restrictions shall automatically terminate
and shall be of no further force or effect.
Section 5. Acceptance
By recordation of this Bargain and Sale Deed, Grantee shall be deemed to have accepted
and agreed to comply with the conditions and restrictions set forth in this Bargain and Sale Deed
and to the provisions concerning divestment upon breach thereof, as set forth in this Bargain and
Sale Deed.
[INTENTIONALLY BLANK]
BARGAIN AND SALE DEED - 3
IN WITNESS WHEREOF, Grantor has executed this Bargain and Sale Deed on the date
and year written above.
Board of Ada County Commissioners
In
ATTEST:
Christopher D. Rick, Ada County Clerk
STATE OF IDAHO )
ss.
County of Ada )
Jim Tibbs, Chairman
On this day of 2016, before me, a notary public in and
for said State, personally appeared Jim Tibbs, known or identified to me to be the Chairman of
the Board of County Commissioners of Ada County that executed the within instrument, and
acknowledged to me that Ada County 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 Idaho
My Commission Expires
BARGAIN AND SALE DEED - 4
EXHIBIT A
LEGAL DESCRIPTIONS
(3 pages)
BARGAIN AND SALE DEED - EXHIBIT A
TEALEY'S LAND 12594 W Explorer Drive, Suite 150 • Boise, Idaho 83713
SURVEYING(208) 385-0636
��-- Fax (208) 385-0696
ilk
Project. No.: 4117
Date. October 20, 2016
DESCRIPTION FOR
PARCEL A — CITY OF EAGLE/ADA CO.
A parcel of land being a portion of Lot 1 of Block 1 of Hidden Hollow Subdivision,
as filed for record in the office of the Ada County Recorder, Boise, Ada County, Idaho in
Book 53 of Plats at page 4782, as shown on Record of Survey No. ' !_> filed
for record in the office of the Ada County Recorder, Boise, Idaho under lnstrument No
oZP Itt—r'41 I/lying in the SW 1/4 of Section 2, TAN., R.1 E, B.M , Ada County,
Idaho and more particularly described as follow:
Commencing at a brass cap marking West 1/4 corner of said Section 2; thence
along the East-West centerline of said Section 2
South 89040'26" East 850.04 feet to an iron pin on the East boundary of Record of
Survey No. 9645; thence at right angles along said East boundary
South 0001934" West 83.35 feet to an iron pin marking the POINT OF
BEGINNING; thence leaving said East boundary
South 79°1314" East 434.64 feet to an iron pin; thence
South 45°20'31" West 382.66 feet to an iron pin; thence
South 59'21'37" West 462.85 feet to an iron pin; thence
North 66°38'10" West 174.23 feet to an iron pin; thence
South 7704619" West 72.40 feet to an iron pin; thence
South 10°51'30" West 80.11 feet to an iron pin; thence
South 79°08'02" West 45.98 feet to an iron pin on said East boundary of Record
of Survey No. 9645; thence along said East boundary
North 12°22'05" West 153.39 feet to an iron pin; thence continuing
North 700 10'54" East 391.53 feet to an iron pin; thence continuing
South 30038'39" East 33.27 feet to an iron pin; thence continuing
North 59°21'37" East 209.78 feet to an iron pin; thence continuing
North 00019'34" East 258.87 feet to the POINT OF BEGINNING,
Said parcel of land contains 4.51 acres, more or less.
w141170odL4117•8 Oesc.co:Y -W,
TEALEY'S LAND 12594 W Explorer Drive, Suite 150 a Bolse, Idaho 83713
s SURVEYING (208) 385-0636
* � Fax (208) 385-0696
Project. No.: 4117
Date: October 20, 2016
DESCRIPTION FOR
PARCEL B — CITY OF EAGLE/ADA CO.
A parcel of land being a portion of Lot 1 of Block 1 of Hidden Hollow Subdivision,
as filed for record in the office of the Ada County Recorder, Boise, Ada County, Idaho in
Book 53 of Plats at page 4782, as shown on Record of Survey No. /I. IC filed
for record in the office of the Ada County Recorder, Boise, Idaho under Instrument No.
I& - 1I07211 lying in the SW 114 of Section 2, TAN., RAE, B.M., Ada County,
Idaho and more particularly described as follow:
Commencing at a brass cap marking the Southwest corner of said Section 2;
thence along the South boundary of said Section 2
South 89"11'30" East 40.57 feet to a point marking a point of curve on the East
right-of-way line of Old State Highway No. 55; thence along said East right-of-way line
along the arc of a curve to the left 111.14 feet, said curve having a radius of 1945.94 feet,
a central angle of 3016'20" and a long chord bearing
North 01"53'57" West 111.12 feet to an iron pin marking the POINT OF
BEGINNING; thence continuing along said East right-of-way line along the arc of a curve
to the left 388.75 feet, said curve having a radius of 1945.94 feet, a central angle of
11 026'47" and a long chord bearing
North 09915'30" West 388.11 feet to an iron pin marking the Southwest corner of
Record of Survey No. 9645, as filed for record in the office of the Ada County Recorder,
Boise, Idaho under Instrument No. 114012934; thence along the South boundary of said
Record of Survey No. 9645
North 71 °53'21" East 595.11 feet, formerly 595.22 feet, to an iron pin marking the
Southeast corner of said Record of Survey No. 9645; thence along the extended East
boundary of said Record of Survey No. 9645
South 21°42'31" East 622.89 feet to an iron pin; thence along a tine 111.00 feet
North of and parallel with said South boundary of Section 2
North 89911'30" West 734.61 feet to the POINT OF BEGINNING,
Said parcel of land contains 7.42 acres, more or less.
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