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AGREEMENT FOR CONVEYANCE AND TRANSFER THIS AGREEMENT, made and entered into this 3rd day of June , 1996, by and between the NORTH LATAH COUNTY HIGHWAY DISTRICT, a governmental subdivision of the State of Idaho and body politic and corporate, 1132 Wbite Avenue, Moscow, Idaho, (hereinafter referred to as the "District"), and the CITY OF MOSCOW, IDAHO, a municipal corporation of the State of Idaho (hereinafter referred to as tbe "City"). WITNESSETH: WHEREAS, the DISTRICT is a highway district established under Title 40, Chapter 13, Idaho Code, as amended; and WHEREAS, the Moscow Rural Fire District, a fire protection district established under Title 31, Chapter 14, Idaho Code, as amended (hereinafter referred to as the "MRFD"), has identified a need to provide a fire station for the storage of fire trucks and other fire fighting equipment and for otber fire suppression purposes; and WHEREAS, the City of Moscow Volunteer Fire Department and the MRFD are both volunteer organizations which provide fire protection services: and WHEREAS, tbc CITY owns vacant real property adjacent to real property upon which the Moscow Fire Department has a fire station, which real property is suitable as a site for such fire station; and WHEREAS, the real property owned by the DISTRICT, described in Exhibit I, attached hereto and incorporated by reference, which adjoins the real property owned by the CITY described in Exhibit 2, attached hereto and incorporated by reference, is also needed as the site for construction of the fire station; and WHEREAS, the MRFD has proposed that the CITY donate certain real property described on Exhibit 2, attached hereto and incorporated by reference, which is also needed to construct the fire station; and WHEREAS, the CITY requires, as a condition of donation of the real property described in Exhibit 2 that the proposed fire station and site be forever used for storage of trucks and other fire fighting equipment and otber fire suppression purposes and that if the site and/or fire station are ever used for other purposes, the site and fire station will be automatically transferred to the CITY; and WHEREAS, the DISTRICT requires, as a condition of donation of the real property described in Exhibit 1, that should the construction of the improvements not be AGREEMENT FOR CONVEYANCE AND TRANSFER Page I 96-25 ---PAGE BREAK--- commenced within two years, after such real property shall revert to the CITY, that portion of the real property described in Exhibit 1 shall be conveyed back to the DISTRICT by the CITY in fee simple; and WHEREAS, it is most efficient and expedient for the DISTRICT to transfer the real property described in Exhibit 1 to the CITY, and the CITY will combine the properties described in Exhibit 1 and Exhibit 2 and will then donate the combined real property to MRFD for use as a site for construction of such fire station; and WHEREAS, the DISTRICT may purchase and hold lands and make contracts as necessary or convenient for the purposes of Title 40, Chapter 13, Idaho Code, as amended, pursuant to Idaho Code Section 40-1309(2) and WHEREAS, the DISTRICT is authorized to convey and transfer real property with or without consideration pursuant to Idaho Code 67-2322; and WHEREAS, the Commissioners of the DISTRICT have deemed it to be in the public interest to convey and transfer the real property described in Exhibit 1 to the CITY to facilitate the acquisition of a site for construction of a frre station for the MRFD as described herein; NOW, THEREFORE, in consideration of the mutual covenants and conditions it is hereby agreed by and between the parties hereto as follows: I. Consideration. The CITY agrees to accept, and the DISTRICT agrees to convey and transfer without consideration the real property described in Exhibit 1 to facilitate the acquisition by the MRFD of a site for construction and maintenance of the fire station. 2. Title. Title of the real property owned by the DISTRICT described on Exhibit 1 is to be conveyed by the DISTRICT to the CITY by Deed of Conveyance and Transfer. 3. The CITY agrees that the conveyance and transfer of the real property described in Exhibit 1 by the DISTRICT to the CITY is for the sole purpose of vesting title in the CITY, and the CITY shall then combine the real properties described in Exhibit 1 and Exhibit 2, and then the CITY shall donate the combined real property to the MRFD by a Deed of Donation, which deed shall contain restrictions stating that the MRFD shall forever maintain such real property and improvements placed thereon for use in the storage of fire trucks and frre equipment and other fire suppression purposes and if such use is ceased by the MRFD, then such real property and the improvements thereon shall revert to the CITY in fee simple. The Deed of Donation shall also provide as a condition that construction of the improvements must be commenced within two years from the effective date of the Deed of Donation and, if such construction is not AGREEMENT FOR CONVEYANCE AND TRANSFER Page2 ---PAGE BREAK--- commenced within such two years, such real property shall revert to the CITY in fee simple. The CITY further agrees that should such real property revert to the CITY in fee simple, the CITY shaii then convey that portion of the real property described in Exhibit I back to the DISTRICT in fee simple. 4. Costs. Costs of closing shall be borne by the CITY. 5. Closing. Closing shall be on or beforeJuly 1, 1996. 6. Possession. The CITY shall be entitled to possession upon closing. 7. Severabilitv. The invalidity of any clause, part or provision of this Agreement shall not affect the validity of the remaining portions thereof. 8. Modification. This Agreement may not be altered, modified or amended except in writing signed by the CITY and the DISTRICT. IN WITNESS WHEREOF, the parties hereto, by their duly authorized representatives, have set their hands as of the day and year first above written. CITY OF MOSCOW, IDAHO NORTH LATAH COUNTY HIGHWAY DISTRICT ,1/i. By: '1 ò/By: ( + Paul C. Agidius, May&" Commissioner AGREEMENT FOR CONVEYANCE AND TRANSFER Page3 ---PAGE BREAK--- STATE OF IDAHO ) ) ss County of Latah ) ACKNOWLEDGMENT On this 6d day of )óôõ . 1996, before me, the undersigned, a Notary Public in and for said State, a6j)eared Paul C. Agidius, in his official capacity as the Mayor of the City of Moscow, Idaho, that executed the foregoing instrument on behalf of the 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 . b . J'ear/Jùúna ove wntten. # ' . ' . ffa· · " Notary Public in and for My Commission Expires: ACKNOWLEDGMENT STATE OF IDAHO ) ) ss County of Latah ) On this 5'fl day of f)v, Nf , 1996, before me, the undersigned, a Notary Public in and for said State, apkared Elaine Russell, in her official capacity as the City Clerk of the City of Moscow, Idaho, that executed the foregoing instrument on behalf of the CITY, and acknowledged to me that she executed the same. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year hereinabove written. JJitt2 . . t .C . . / · wn ,D / mtalrn Notarylic 1n an'r the State of Idaho My Commission Expires: LJtf d 17 J AGREEMENT FOR CONVEYANCE AND TRANSFER Page4 ---PAGE BREAK--- STATE OF IDAHO ) ) ss County of Latah ) ACKNOWLEDGMENT On this .QO$ay of 11 . 1996, before me,.,the undersigned, a Notary Public in and for said State, appearJ'3'r,orc/Yy={lco rie . in his/her official capacity as a Commissioner of the NORTH LATAH COUNTY A Y DISTRICT, that executed the foregoing instrument on behalf of the DISTRICT, and acknowledged to me that he/she executed the same. IN WITNESS WHE#.gî,l"ave hereunto set my hand and affixed my official seal the day and year herei'ïvð j 0 fr !1 ( f' %7f'U..uotn . 1J . ddJOYQ;"'=& Notary Public in and for thñ State <:#'Idaho My Commission Expires: II 9 AGREEMENT FOR CONVEYANCE AND TRANSFER Page 5 ---PAGE BREAK--- EXHIBIT I The easterly 29.00 feet of the northerly 125.00 feet of the Highway District No. 2 of Latah County 3 acre tract described Warranty Deed No. 179935 recorded in Book 124 of Deeds, page 491, records of Latah County, Idaho as follows: Beginning at a point on the south line of the northeast quarter of Section 17, Township 39 North, Range 5 West, Boise Meridian, which point is 528 feet west of the southeast comer of the northeast quarter of said Section 17 and is also the southwest comer of the Wahler tract described in an instrument recorded in Book 94 of Deeds, page 462, records of said Latah County; thence North along the west boundary of said Wahler tract 330 feet to the northwest comer of said tract; thence West 396 feet, parallel to the south line of said northeast quarter; thence South 330 feet, parallel to the west line of said Wahler tract, to the south line of said northeast quarter; thence East 396 feet along said south line to the point of beginning. Also subject to existing encumbrances and easements of record. AGREEMENT FOR CONVEYANCE AND TRANSFER Page 6 ---PAGE BREAK--- EXIDBIT2 The westerly 2I .00 feet of the northerly I25.00 feet of the City of Moscow 2.84 acre tract described in Warranty Deed 227501 recorded in Book I 53 of Deeds, page 359 records of Latah County, Idaho as follows: Beginning at a point 368.26 feet S89°57'W of the quarter section comer common to Sections I 6 and 17, Township 39 North, Range 5 West, Boise Meridian, said point being on the south line of the northeast quarter of said Section 17, and running thence S89°57'W 160.0 feet along said south line of the northeast quarter; thence N0°0I'E 330.01 feet; thence N89°57'E 496.77 feet to a point on the west right-of-way line of Mountain View Road; thence South 90.00 feet; thence S34°36'W 413.82 feet to the point of beginning. C l l}1 Of n QACW? !)AiE • HOUR: zf11fqr, e Ol agreement\n1chd\sr SUSA.Ai LA"'fAHOOUl'fi"' RECORDER fiU i(,L?P lil¥ro£ 11/ Po ib".X 7;;.o 3 AGREEMENT FOR CONVEYANCE AND TRANSFER f?trS i b 3 Page 7