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448869 MUTUAL REAL EST ATE CONVEYANCE AGREEMENT WHEREAS, Moscow School District #281 (hereafter, SCHOOL DISTRICT) desires to develop a property conveniently located within the School District to use as a bus garage and transportation facility; and WHEREAS, the City of Moscow (hereafter, CITY) owns a parcel of land at the east of the existing improved White Avenue of approximately three point one three (3 acres which SCHOOL DISTRICT believes to be a desirable property for its development of a bus garage and transportation facility; and WHEREAS, SCHOOL DISTRICT owns a parcel of approximately five acres in size which CITY believes to be acceptable for use for an inert landfilL and WHEREAS, CITY is desirous of obtaining a convenient parcel of land upon which to deposit inert landfill; and WHEREAS, both CITY and SCHOOL DISTRICT are authorized by Idaho Code Section 67-2322 to transfer property from one local unit of government to another governmental body; and WHEREAS, SCHOOL DISTRICT believes the conveyance of the five acre parcel of land (hereinafter referred to as Parcel B) to the CITY to be in the best interest of the public; and WHEREAS, CITY believes the conveyance of the three point one three acre parcel of land (hereinafter referred to as Parcel A) to SCHOOL DISTRICT to be in the best interest of the public; and WHEREAS, both CITY and SCHOOL DISTRICT agree that it is in the best interest of both parties to construct public improvements on Parcel A in a manner which minimizes the potential of soil disturbance and biohazards; and WHEREAS, SCHOOL DISTRICT is aware of the results of the Phase I and Phase II Environmental Site Assessment of Parcel A conducted by Terragraphics Environmental Engineering, Inc. dated August 1998 and December 1998; and WHEREAS, SCHOOL DISTRICT is aware of the results of the Geotechnical Engineering Evaluation dated November I 7, I 998 by Strata Geotechnical Engineering and Materials Testing; and WHEREAS, SCHOOL DISTRICT is aware that a portion of Parcel A is located upon a former landfill; and WHEREAS, CITY agrees to be responsible and to remain responsible, according to law, for any biohazard or other hazard in existence on Parcel A prior to the conveyance of Parcel A to SCHOOL DISTRICT; and NIL'Tl:AL REAL ESTATE CONVEYA!\"CE Paget of6 99--82 ---PAGE BREAK--- 448869 WHEREAS, SCHOOL DISTRICT agrees to be responsible for any biohazard that it creates or allows to be created upon Parcel A following the conveyance of Parcel A to SCHOOL DISTRICT and in accordance with law; and WHEREAS, CITY wishes to facilitate SCHOOL DISTRICT'S use of Parcel A by allowing it to tap into existing public sewerage lines and water lines on the property adJacent to Parcel A; and WHEREAS, SCHOOL DISTRICT is willing to participate in financing of public improvements to White Avenue Extension along and adjacent to Parcel A and in accordance w1th Moscow City Standards when such improvements are required by the City Engineer; and WHEREAS, CITY and SCHOOL DISTRICT wish to make their respective conveyances contingent upon receipt of the other party's conveyance and contingent upon each party receiving all necessary and proper permits, licenses and agreements to use the property conveyed to it for the intended purpose(sl stated herein; NOW WHEREFORE, CITY agrees to convey Parcel A to SCHOOL DISTRICT without cost and SCHOOL DISTRICT agrees to convey Parcel B to CITY without cost upon the following terms and conditions: I. THE PARTIES TO THIS AGREEMENT ARE THE FOLLOWING CITY OF MOSCOW, a municipal corporation of the State of Idaho (hereinafter "CITY"), located at 206 East 3rd Street, Moscow, Idaho 83843, and MOSCOW SCHOOL DISTRICT NO. 281, a school district of the State of Idaho pursuant to Idaho Code Title 3 3, Chapter 3 (hereinafter referred to as "SCHOOL DISTRICT"), located at 650 North Cleveland, Moscow, Idaho 83843. 2. BE IT REMEMBERED that on this day 1999, that CITY and SCHOOL DISTRICT agreed to convey and to receive the following described real estate and improvements thereon subject to the conditions contained herein located in the County of Latah, State ofldaho PROPERTY AFFECTED A CITY'S property (hereinafter referred to as "Parcel consists of a parcel of land located at the eastern end of White Avenue adjacent to the new City animal shelter approximately 3.30 acres in size and is shown in Exhibit attached hereto and incorporated herem by this reference and more particularly described as follows A portion of Lot 3 8 of the Plat of Section 16, Township 3 9 North, Range 5 West, Boise Meridian, Latah County, Idaho, said plat recorded in Book 2 of Plats, page 36 on file with the Recorder's office of said county, and said portion being more particularly described as follows Beginning at the northwest corner of the southwest quarter of said Section 16; thence South 99.95 feet along the west boundary of said southwest quarter; thence N89° 19'20"E 40.00 feet to the northwest corner of the Mercer Addition to the City of Moscow, recorded as Instrument No. 263962 with said Recorder's office; thence N89°24'11 "E 403.35 feet along the nortb boundary of said Mercer Addition; thence South 20.00 feet along the east boundary of said addition to a point on the nortb boundary of Lot Ml'Tt:AL REAL ESTATE CO:'Agreements\ mutual real estate convcyance.doc·pm(2 & 4) :VH_'Tl:A.L REAl, ESTATE CO:.:VEY A. '\iCE Page 6 of6 ---PAGE BREAK--- NW Corner, SW Quarter I rsectlon 16, T39N, R5W, B.M. 17416 , . 0 0> 0 0 V - · "ll .flo::. RN True Point of BeglnninQ rNortheast N89.24'1\"E 1556.\8' - - - - corner Lot 38 N89*24'\!^E . Plot of Section 16, f 40.00' 89.24'U"E - N89"L.,I9;;'2"- 0:C.C,Ej,- ' o 111.... . A WHITE AVENUE . o, " U 0 3: > z