BOUNDARY ADJUSTMENT AGREEMENT RECITALS:

Transcription

1 BOUNDARY ADJUSTMENT AGREEMENT This BOUNDARY ADJUSTMENT AGREEMENT (this Agreement ) is made and entered into as of the day of May, 2015 (the Effective Date ), by and between the WEST ADA SCHOOL DISTRICT (formerly known as the Meridian Joint School District No. 2), an Idaho school district, with a mailing address of 1303 East Central Drive, Meridian, Idaho (the District ), and RICHARD R. HALL and MICHELLE M. HALL, husband and wife, having a mailing address of 3679 N. Summerpark P1., Meridian, Idaho (collectively, the Halls ). The District and the Halls may be collectively referred to herein as the Parties, or individually as a Party. RECITALS: A. The District owns certain real property located in the City of Meridian. Ada County, State of Idaho (the District Property ), as more particularly described and as generally depicted on ExhihIt attached hereto. B. The Halls own certain other real property located in the City of Meridian, Ada County, State of Idaho (the Hall Property ) adjacent to and southeast of the District Property, as more particularly described and as generally depicted on Exhibit B attached hereto. C. The District Property and the Hall Property are sometimes collectively referred to herein as the Subject Properties. D. The District Property and the Hall Property share a common boundary along the southeast portion of the District Property and the nortinvest portion of the Hall Property. Such boundary, as reflected in the recorded deeds for the District Property and the Hall Property, is herein referred to as the Existing Boundary. E. The Parties desire to adjust the Existing Boundary (such adjusted boundary to be referred to herein as the New Boundary ), as generally depicted and described on the New Boundary Map attached hereto as Exhibit C, such that the portion of the District Property identified as Assemblage Parcel on the New Boundary Map, and consisting of approximately acres, will become the property of the Halls and form a part of the Hall Property from and after the effective date of the adjustment. TERMS: NOW, THEREFORE, to these ends and in consideration of the terms and conditions of, and the mutual benefits to be derived by the Parties from, this Agreement. the District and the Halls hereby agree as follows: 1. Adjustment of Boundary: Ouitclaim and Disclaimer of Interest. The District shall quitclaim to the Halls and disclaim, and the Halls shall accept and assume, any and all right, title and interest of the District in and to the Assemblage Parcel, for the purpose of adjusting and replacing the Existing Boundary with the New Boundary, free and clear of all monetary liens and encumbrances and all other liens and encumbrances other than those matters listed on attached Exhibit D (collectively, the Assemblage Parcel Permitted Encumbrances ). In furtherance and as evidence of the agreements set forth in this paragraph, at the Closing (as such term is defined in Section 3 below). the Parties shall cause a Boundary Line Agreement (the Boundary Line Agreement ), in the form attached hereto as Exhibit E, (101

2 below), the sum of Five Thousand and No/100 Dollars ($5,000.00) (the C onsideration ). Assemblage Parcel, the Halls shall pay to the District, at the Closing (as such term is defmed in Section 3 2. Consideration. As consideration for District s conveyance of its interest in the written agreement of all Parties hereto. relationship between the Parties. This Agreement contains the entire agreement between the Parties and supersedes all prior agreements, oral or written, with respect to the subject matter hereof. constructed along the New Boundary. The fence shall be constructed of wood, similar to the existing sprinkler system in and around the Assemblage Parcel relocated to accommodate the new fence line and fence, and shall be constructed at the Halls expense. In addition. the Halls shall have the existing boundary line adjustment contemplated by this Agreement is subject to approval by the City, in accordance with its Unified Development Code. The Parties acknowledge and agree that the Halls shall required applications and surveys, and shall be responsible for all costs associated therewith. The District accordance with this Agreement. take such other actions as are reasonably necessary and appropriate, to effectuate the Closing in Hall s expense, an ALTA standard coverage owner s policy of title insurance (the Owner s Title the Closing, marketable, indefeasible, fee simple title (both legal and equitable) in and to the Assemblage Policy ) in an amount equal to the Consideration, naming the Halls as the insured and insuring that, as of Records the Boundary Line Agreement. Meridian City Unified Development Code 1 1-6B-3 (the Closing Date ). At the Closing and pursuant the other and all of which shall be considered as taking place simultaneously: closing ) shall be held within ten (10) days of the acceptance of the subject boundary line adjustment Official Records ). to be executed, acknowledged, and recorded in the official real estate records of Ada County, Idaho (the 3. Closing. The closing of the transactions contemplated by and under this Agreement (the (as contemplated by this Agreement) by the City of Meridian, Idaho (the City ) as required under the to this Agreement, the following shall occur, each of which shall be considered a condition precedent to (a) The Parties shall execute. acknowledge. deliver and record in the Official (b) The Halls shall deliver to the District the Consideration. (c) At the Halls discretion, a title company shall agree to issue to the Halls, at the Parcel is vested in the Halls, subject only to the Assemblage Parcel Permitted Encumbrances. (d) The District and the Halls shall execute and deliver such documents and further, 4. Boundary Adjustment Approval by Meridian City. The Parties acknowledge that the be responsible for pursuing the necessary approvals from the City, including the preparation of any shall cooperate with the Halls in pursuing all necessary approvals from the City. 5. Fence Line and Sprinkler Relocation. Following the Closing, the Halls shall have a fence to maintain sprinkler coverage to the areas of the District Parcel adjacent to the Assemblage Parcel. 6. General Provisions. (a) No Partnership: Entire Agreement. This Agreement is not intended to create and shall not be in any way interpreted or construed to create, a joint venture, partnership or any similar (b) Modification of Agreement. This Agreement may be altered or amended only by !

3 Its: (c) Assignees and Successors. This Agreement shall be binding upon and inure to the benefit of the Parties and their respective successors and assigns. (d) Certain Covenants Run With Land. The rights and obligations of the Parties set forth in this Agreement shall (a) constitute a covenant running with the land; (b) benefit and bind every person having any fee, leasehold, or other interest in any portion of the Subject Properties to the extent such portion is affected or bound by any such right or obligation, or to the extent that right or obligation is to be performed on such portion: and (c) benefit and be binding upon any owner of the Subject Properties whose title is acquired by judicial foreclosure, trustee s sale, deed in lieu of foreclosure, or otherwise. If either Party transfers any portion of the Subject Properties. the transferee shall automatically be deemed to have assumed and agreed to be personally bound by the covenants of the applicable transferor contained in this Agreement. (e) Applicable Law. This Agreement shall be construed, applied and enforced in accordance with the laws of the State of Idaho. (f) Authority. The Parties warrant that the signatories below have authority to sign and execute this document on behalf of the entities they represent and that said entities are the proper parties to this Agreement, have duly authorized this Agreement. and that this Agreement is a legally enforceable obligation of such entities. (g) Further Assurances. The Parties agree from time to time to execute such additional documents as are necessary to affect the intent of the Parties as manifested by this Agreement. (h) Counterparts. This Agreement may be executed in any number of counterparts, each of which when executed and delivered shall be deemed to be an original, and all of which shall together constitute one and the same instrument. IN WITNESS W1-IEREOF, the Parties hereto have executed this Agreement to be effective as of the day and year first above written. THE DISTRICT: THE HALLS: WEST ADA SCHOOL DISTRICT By: Richard R. Hall, an individual Michelle M. Hall, an individual

4 EXHIBIT A DESCRIPTION OF THE DISTRICT PROPERTY Address: 1855 E. Heritage Park Lane, Meridian, Idaho Property Description: Lot 4, BIk 1, Education Campus Sub. #2 Tax Parcel #: Acres: R acres General Depiction (Ada County Assessor Land Records Map) (

5 EXHIBIT B DESCRIPTION OF THE HALL PROPERTY Address: 3679 N. Summerpark Place, Meridian, Idaho Property Description: Lot 14, BIk 1. Setter Cove Subdivision Tax Parcel #: Acres: R acres General Depiction (Ada County Assessor Land Records Map)

6 EXHIBIT C NEW BOUNDARY MAP

7 EXHIBIT D ASSEMBLAGE PARCEL PERMITTED EXCEPTIONS

8 EXHIBIT F FORM OF BOUNDARY LINE AGREEMENT [see attached]

9 RECORDING REQUESTED BY AND WHEN RECORDED RETURN TO: Richard R. Ha/i 3679 N. Suinnierpark Pt. Aleridian, Idaho (Space Above For Recorders Use) BOUNDARY LINE AGREEMENT This BOUNDARY LINE AGREEMENT (this Agreement ) is made and entered into as of the day of 2015 (the Effective Date ), by and between the WEST ADA SCHOOL DISTRICT (formerly known as the Meridian Joint School District No. 2), an Idaho school district, with a mailing address of 1303 East Central Drive, Meridian, Idaho (the Districf), and RICHARD R. HALL and MICHELLE M. HALL, husband and wife, having a mailing address of 3679 N. Summerpark P1., Meridian. Idaho (collectively, the Halls ). The District and the Halls may be collectively referred to herein as the Parties, or individually as a Party. RECITALS: A. The District owns certain real property located in the City of Meridian, Ada County, State of Idaho (the District Property ), as more particularly described and depicted on Exhibit A attached hereto. B. The Halls own certain other real property located in the City of Meridian, Ada County, State of Idaho (the Hall Property ) adjacent to and southeast of the District Property, as more particularly described and depicted on Exhibit B attached hereto. C. The District Property and the Hall Property are sometimes collectively referred to herein as the Subject Properties. D. The District Property and the Hall Property share a common boundary along the southeast portion of the District Property and the northwest portion of the Hall Property. Such boundary, as reflected in the recorded deeds for the District Property and the Hall Property, is herein referred to as the Existing Boundary. E. The Parties desire to adjust the Existing Boundary (such adjusted boundary to be referred to herein as the New Boundary ), as depicted and described on the New Boundary Map attached hereto as Exhibit C, such that the portion of the District Property identified as Assemblage Parcel on the New Boundary Map, will become the property of the Halls and form a part of the Hall Property from and after the effective date of the adjustment. AGREEMENT: NOW. THEREFORE, to these ends and in consideration of the terms and conditions of this Agreement. the District and the Halls hereby agree as follows:

10 1. New Legal Descriptions. Consistent with the boundary adjustment effected by paragraph 2 below, (a) the legal description for the District Property attached hereto as Exhibit D (the New District Legal Description ) shall be, and, by the execution hereof, is, the new, correct legal description for the District Property, and (b) the legal description for the Hall Property attached hereto as Exhibit E (the New Hall Legal Description ) shall be, and, by the execution hereof, is the new, correct legal description for the Hall Property. 2. Boundary. From and after the date hereof, the common boundary between the District Property and the Hall Property shall henceforth be located along the New Boundary, which is the common boundary between the District Property as described in the New District Legal Description and the Hall Property as described in the New Hall Legal Description. 3. Effect of Agreement. The District and the Halls acknowledge and agree that this Agreement shall act as a quitclaim deed. By this Agreement, the District hereby quitclaims to the Halls any and all right, title, interest and estate District may have in the Assemblage Parcel within the Hall Property as set forth under Exhibit E. 4. Purpose and Confirmation. This Agreement is made for the purpose of adjusting the common boundary line between the District Property and the Hall Property; is not intended to effect a subdivision of the Subject Properties, or any part thereof, within the meaning of Idaho law; and is intended to be subject to and made in compliance with any and all applicable zoning ordinances, laws, rules and regulations. 5. Non-Waiver. The failure of a Party to insist upon strict performance of any of the terms, covenants, conditions or agreements contained herein shall not be deemed a waiver of any rights or remedies that said Party may have, and shall not be deemed a waiver of any subsequent breach or default in any of the terms, covenants, conditions or agreements contained herein by the same or any other Party. 6. No Partnership; Entire Agreement. This Agreement is not intended to create and shall not be in any way interpreted or construed to create, a joint venture, partnership or any similar relationship between the Parties. This Agreement, along with that certain Boundary Adjustment Agreement dated contain the entire agreement between the Parties and supersedes all prior agreements, oral or written, with respect to the subject matter hereof. The provisions of this Agreement shall be construed as a whole and not strictly for or against any Party. 7. General Provisions. 7.1 Assignees and Successors. This Agreement shall be binding upon and inure to the benefit of the Parties and their respective successors and assigns. 7.2 Covenants Run with the Land. This Agreement (a) shall constitute a covenant running with the land; (b) shall benefit and bind every person having any fee, leasehold or other interest in any portion of the District Property or the Hall Property; and (c) shall benefit and he binding upon any person whose title is acquired by voluntary conveyance,judicial foreclosure, trustee s sale, deed in lieu of foreclosure or otherwise. 7.3 Applicable Law. This Agreement shall be construed, applied and enforced in accordance with the laws of the State of Idaho and shall be recorded in the office of the County Recorder of Ada County, Idaho

11 by the Its: 7.6 Authority. The Parties warrant that the signatories below have authority to sign and execute this document on behalf of the entities they represent and that said entities are the proper parties to this Agreement, have duly authorized this Agreement, and that this Agreement is a legally enforceable obligation of such entities. 7.7 Counterparts. This Agreement may be executed in any number of counterparts, each of which when executed and delivered shall be deemed to be an original, and all of which shall together constitute one and the same instrument. THE DISTRICT: WEST ADA SCHOOL DISTRICT By: STATE OF IDAHO ) COUNTY OF ADA ) ss. The foregoing instrument was acknowledged before me on the day of 2015, of WEST ADA SCHOOL DISTRICT. NOTARY PUBLIC My Commission expires: Residing at: !

12 THE HALLS: Richard R. Hall, an individual Michelle M. Hall, an individual STATEOF IDAHO ) COUNTY OF ADA ) ss. The foregoing instrument was acknowledged, subscribed and sworn before me this by RICHARD R. HALL. day of NOTARY PUBLIC My Commission expires: Residing at: STATE OF IDAHO ) COUNTY OF ADA ) ss. The foregoing instrument was acknowledged, subscribed and sworn before me this by MICHELLE M. I-IALL. day of NOTARY PUBLIC My Commission expires: Residing at: !

13 EXHIBIT A to Boundary Line Agreement (The District Property Legal Description) Address: 1855 E. Heritage Park Lane, Meridian, Idaho Property Description: Lot 4, BIk I, Education Campus Sub. #2 Tax Parcel #: Acres: R acres

14 EXHIBIT B to Boundary Line Agreement (The Hall Property Legal Description) Address: 3679 N. Sumrnerpark Place, Meridian, Idaho Property Description: Lot 14, BIk 1, Setter Cove Subdivision Tax Parcel #: Acres: R acres

15 EXHIBIT C to Boundary Line Agreement (New Property Map) [to be prepared] I

16 EXHIBIT D to Boundary Line Agreement (New District Property Legal Description) [to be prepared]

17 EXHIBIT E to Boundary Line Agreement (New Hall Property Legal Description and Assemblage Parcel Legal Description) [to be prepared] !

18 Responses to questions regarding the land transfer considered at the May 30, 2015 special board meeting Mr. Hall writes: I appreciate the update. Please see my responses in red below. We appreciate the District s consideration. We plan to be in our home for a long time, and would certainly like to add this additional space to the backyard. I am happy to meet with the Board if that would help. Just let me know. Thanks. (from Dr. Clark) The board discussed the boundary adjustment request in some detail on Saturday. They have several questions. 1. They want to know the reason why Mr. Hall wants to make the adjustment. The purpose of the boundary adjustment is to add some additional play space in the backyard. With six young children that are active in sports, we would like to shift the existing play structure in the yard partially back into the new area to open up the yard a bit more and allow for a longer field area. We would also like to use the new area for fruit trees and possibly garden space. My wife is heavily involved at the children s school, Discovery Elementary, and we are very happy with the school. So while we would like a larger backyard/garden space, we do not want to move out of the school boundaries. In short, the adjustment is to increase the play space in the current backyard. 2. They want to be certain that he has contacted other neighbors and that they have no issue with the adjustment. (Would prefer signed statements) At this point, I have spoken with 7 of the surrounding neighbors. No concerns were expressed. I have not spoken recently with the back neighbor. I mentioned my idea to him last summer before I had contacted the District. He and I have talked in the past about the leaves and trash that build up in the back corner where the proposed property is, and I had mentioned in the past my interest in the land. I have not updated him recently. I will try to stop by this evening to speak with him. I don t anticipate any issues. I have not asked for signed statements from the neighbors. If the board would like, I could include this as part of the filing with the City. It may actually help me in the City approval process. As previously discussed, I will be required to go through a public notice process as part of the boundary adjustment approval. The neighbors will have an opportunity to comment at that time. If the Board is not aware, please let them know that City approval is still required, and this will present an opportunity for further review and comment. 3. They want to know if the new lot designations will be by "meets and bounds" or with set pins. The boundary adjustment approval with the City will require new survey descriptions be prepared. I will hire a surveyor to prepare the necessary descriptions. I will also have the surveyor set pins so that the fence contractor will be able to locate the property line.