HomeMy WebLinkAboutALL DOCS - 14-00287 - Basic American Foods & City - Land ExchangeNOTICE IS HEREBY GIVEN , rhat aPulfc learing will be held before the city council of thecity of Rexbutg, Idah-o: y.g"-..ty, August 06,2014, ^ilttop.M., in the city council chambers ofthe city Building at 35 North r" past, *i*yg,l*;,;.;rrd-g ^..r:nd.e19hange between the cityof Rexburg and BAsIC AME'RICANFOODS,INC., irel f. cailfomiaBlvd ste 215,cA94596.The said properties ate loca-ted at approximately 5th west between (5th North and 7th Noth) and,166East 7th North in Rexburg, M"dirot county, Idaho, and more particularly described as follows:
Area One (1)
TRACT 1:
Beginning at a point that is west 249.95 feet from the Northeast corner of Section 19,Township 6 North, Range 40 East,Boise Meridian, Madison county,.Idaho, and ronningthence South 278'97 fetl thence west247.11 feet; rhence North 30920,20,, 1.ast323.23feet; thence East B3j4 feet to the point of begrnning.SUBJECT To: A 10 foot wide easiement alon-g the East side of the above described tact fottoadway purposes.
TOGETHER WITH: A 20 footwide roadway easement which centedine is described as
fllllws: Be.grnmng at a point that is west 249..95 feet from the Northeast corner of Section
ff::::H;|t#?"tange 40 Eas! Boise Meridian, M;J;"" county, rdaho, and running
TRACT 2:
Begrnning at a point that is west 397.06 feet and South 27g.g7 feet from the Northeastcolner of Section 19' Township 6 North, Range 40 East, Boise Meridian, Madison county,Idaho' and running thence South 90 feet; then-ce west 152.6i feet;th"n." North i0p20,20,,East 704'28 feet; thence East 100 feet to the point of befi"-g
North); Area Two 1Z; - ett""fr-?rrt f
Beqtnning at the S!7 corner of the NW1/4 of the N,$f1/440 East, B.M; thence North 984.50 ft.; thence S 52o27,47,,ft.; thence west 625 ft. to the point of beginning.
At such hearing the city council will hear all persons and ail objections and recommendationsrelative to such proposed exchange. The ciryclerk wiil also accept written comments atcity Halrprior to 4:00 P'M' on August 5'h,"2014.
THr-:?d..]r *;;;suant to the provisions of section50-1407,1402,1403,1404, and,1405 of the ldaho code, and all amendments thereof.
DATED this J6tt' day ofJune,2014.
of Section 19, Township 6 North. Ranse
F.260 ft.; thence S 26o53,4g,, E 926.4;
CITY OF REXBURG
Blair D. I(ay, City Clerk
Published: July 17, 2014
August 02,201,4
Attachment A
RECORDIITIG REQUESTED BYHr$ Americtn Tifle Company
AND WHEN RECORDED MAITTO:First American Tifle Company535 First American CircleRexburg, ID 83440
Microfile No. 38202419 DAY Aor2013At 04 O'Clobk 27 PMKIM H. MUIR
,""sB!gooNCO Reconorn
NChandler DeputvRecorded at Requ'estbfFIRST AMERICAN TITLE - REXBURG
WARRANTY DEEDThis deed
File No.: 459O79-RX (tm)
is being Recorded to.gorre$ and Reprace lJvgranty Deed Recorded April10, 20f3 as Instrument No. 3gtg27
Date: April09, 2Ol3
For value Received, victor M. Mendoza and Domlnga Mendoza, husband and wife, hereinaftercalled the Grantor, hereby gr.9nts, uargaini, setts _ano 6nveys J*a"i,ar;, Rexburg, a Municipalcorporation, hereinafter catteo ure ciantde ;hose current address is p.o. Box 2go, Rexburg, rD8344., the following described premises, sitlaieo in r'ratrison cdnti,io"t o, to-,"it,
Beginning at a point that is west 249.95 feet lrom the Nonheast corner of secHon 1g,Township 6 North, Range 40 East Borse ilLridian, Madison a;;b, rrraho, and runningthence South 27a.97 felg ttrencewest 247.11 te€q thence norttr so"zo,2oi. East 323.23feeq thence East 83.34 feet to the potnt of beginning.
ToGETHER wrrH: A 20 footwide 1o1$ray eas€ment which centertine is described asfo-llows: Beginning at a point that ls west zeg.gs feet from ttri norflreast corner of sectton19, Township 6 Nofth, Range 4o Eas(, Borse Meridian, uaa:son ciunty, rdaho, and runningthence South 278.97 feet.
suBJEcr ro all easements, right of ways, covenants, restrictions, reservations, applicable building andzoning ordinances and use regulations and restrictions of record, inJ p.yrent of accruing present yeartaxes and assessmenb as agreed to by parties above.
To HAVE AND To HoLD the- said premises, with its_ appurtenances, unto the said Grantee, and to theGrantee's heirs and assigns forevei. And the saio crintor A;-#r,ilcovenant to and with the saidGrantee, that the Grantor is the owner in Fee slmple of saio premiseri irrit r"io premises are free from allencumbrances except curent Ylars laxes, levies, and assessments, ino-&c"pt u.s. patent reservations,restrictions, easements of record and easements visible upon the pi.rir"i, and that Grantor wilf warrantand defend the same from all claims whatsoever.
382024
Date: O4lO9/2013
SfATE OF Idaho
COUNTY OF Madison ),-i
vlHi"ffi;:lfgh'"rr'j,"Tj:::I?":J""*--.::;r,H.:,1^"gp_,siq state, persona,y appearedvictor M-triendozi a"cboirrn-g-a-'";#;;;=i"il;':,y"#rl[Jtlou*"t said state, personary appearedis/are subscribed to the within inst7umi"i,lii1.*"owredde.r rd ma ihrl -^,:-F,$ nersohlg *nose name(s)is/are subscribed to the *itni"l,iii,,"il;ffi'#"J,ffi;llilJffi frff"i:tr;trtrffg1tf;;::
\
)ss.
wananty Deed- continued
Page 2ol 2
File No.: 4S9O?9-RX (tm)
for the of IdahoResiding at: pa
,'* 4-,1g/My Commission Expires
SIATE OF Idaho
COUNTY OF Madison
#r1;*#;Lll;ljl;11^i.r;ffj::ilT,; j3o1, j:?[ in and ror said state, personaryii.J"EHSil1:t"Htflt':*"SH,r*:*gr":iJi":*_rlil{i'fi ,il%fiiT'Jj',T[:"1ilgilH'?"Hfi f .:,$:f ms:*:l;yrh#J"d.;:"ff_.,f "[ililT,ffi ;1y,"j,,iil,[f,";
)ss.
)
of said and acknowtedged to me that sgl CoiporaUon &ecrteO the sarne.
exoires: qL_/ -AAl4
Resididg at:
382024
o(\
Ef;
RECORDTI{G REQUESTED BY
First Ameri,can Title Company
AND WHEN RECORDED MALTO:
First American Title Company
535 Flrst American Circle
Rexburg, ID 83440
File No.: 459079-RX (tm)
ft'#'tg8!, n3i83l%rFIRST AMERICAN TITLE - REXBURG
RECORDER
Date:April09, 2013
This Une for
Fo-l value Received, Victor M. Mendoza and Dominga Mendoza, husband and wife, hereinaftercalled theGrantor, hereby grants, bargains, sells and c6nveys unto tity of nexburg, a uunicipatCorporation, hereinafter called the Grantee, whose currenl address is p.o. Box 2g0, Rexburg, ID83440, the following described premises, situated in Madison county, rdaho, to-witi
TRACT 1:
Beginning at a point that is west 249.95 feet fiom the Northeast corner of section 19,Township 6 North, Range 4o Eas! Boise Meridian, Madisoncountyr rdaho, and runnlngthence South 278.97 fee$ thence West 247.1f f*U thence North 3oo2o'20" East 323.23fee$ thence East 83.94 feet to the polnt of beglnnlng.
SUBJECT To: A l0 foot wide easement atong the East side of the above described tract forroadway purposes.
TOGETHER wrrH: A 2o foot wide roadway easement which centerline is described asfo^llows: Beginning at a Point that is west 249.95 feet from the Northeast Gorner of section19, Township 6 North, Range 4o East, Boise Meridian, Madison Countyr ldaho, and runningthence South 278.971eert ,*,i
TRACT 2:
Beginnin_g at a point that is West 397.06 feet and Soutfi z7a.gt feet from the Northeastcorner of Section l9r-Township 6 North, Range 4o Eas! Boise Meridian, Madison County,
ldalor_and running thence south 9o feeu thence west 152.67 feeg thence North 3oo2o,2o"East 104'28 feeg thence East 100 feet to the point of beginning.
SUBJECT To all easements, right of ways, covenants, restrictions, reservations, applicable building andzoning ordinances and use regulations and restrictions of record, inO payrnenf ;i;:;rui"g present yeartaxes and assessments as agreed to by parties above.
To HAVE AND To HOLD the- said premises, with its appurtenances, unto the said Grantee, and to theGrantee's heirs and assigns forever. And the said Grantor does hereby covenant to and with the saidGrantee, that the Grantor is the owner in fee simple of said premises; thit sald premises are free from allencumbrances except current years taxet levies, and assessments, and except U.S, patent reservations,restrictions, easements of record and easements visible upon the piemises, and that Grantor will warrantand defend the same from all claims whatsoever.
381827
Wananty Deed
- continud
File No.: 459079-RX (lm)Date: 04109/2013
SIATE OF ldaho )ss.
COUNTY OF Madison )
on this- r 19 day of April, 2013, before me, a Notary Public in and for said state, personaly appearedvictor M' Mendoza and Dominga Mendoza, known or identified to me to be the person(s) whose name(s)is/are subscribed to the within instrument, and acknowledged to me that he/she/they "*e.ried the same.
t , tllx,LL,lk
Notary Public for tlp State of Idaho
Residing at: I t+ypitr i,q
MY Commission ExpiresJ t Ivln l?nt/
Page 2ot 2
r.l I l' t):,
RH,XBITRG
l1,lrfl lt,r j i.,Jrittll' {-;rrlrrr}tfirrt}
RE$OLUTION NO. 2OT4-I4
A RHSOLUTION O}1-I'HIi CI':Y COUNCIL OF'I"IIL] CITY OrrREX$LIRG, IDI\HO, r\PPROVIN$'rHE H,Xfl I-{ANGfi OF
RUAI- PROPF:KIY I}F:TWF:h:N TI-IH CI'IY OIi REXBLIRG;\I!T)
B:\$lc AN{FIRICr\N I'()$DS, INC; AND r\LTTHORIZING r\Nn
nlRI ::crIN$ ?'t-rH hL\yoR,'I'c HXFi{ru'r'Fr Arr. NITcES$r\Ry
I)0f, 1: 54LiNT'S REeU I Ir L:D':'() : IUp t.Ft N,f I": N'I-'t,H t:i
F:XC HA N $ ili; r\ND pR$\rI D II{G ;\N EI" F.H,il.f ru }:,t Dr\ Tt i"
'I'HIS RIISOLLITION, mnde on dre dare hereinafter ser farth by the Ciq'Council of the{litv *f Rexburg, Idn}rr:, a municipnl coqporarion undcr ldaho L,arv, herejnafter refemed to ns the"Oity."
WHI;,RIiAS, the Cittr', is authorieecl tn cxchange real propcrfi, il accordance with IdahoCode, Chapter 14 & 20,'Iidc 50;
\)THHRIiAS, the city i* rhe orvner in tec simple tittn *f rear prciperr), crescdbed on Ilxr*bit r\aftnchecl he*efo end made a pnrt hereof (.,iliri,'s lteliriquished properiy'j;
WHh,RII;\S, Bnsic.r\rnedcat lt+<lds, Inft i.s orvners in fee sirnple title of that c€rtam parcclof real prCIpefiy clescribcd txr Hxlubit B attachud hercru a*,d madc " p"r. lrrreof {.Basic r\rrrericanFbods. Inc. Relinq*ished propertl,");
WHliRllAS, the Ciry'a*d Basic Amedcan Hoods. Inc" de*ire t<: accomplish n real propertye"xchange, in nrder that on the completion af such exchange, thrl ili6' shall lr* th* $w1c! rn feesimple nf the Fasic r\ulerican F'oocls. Inc. Relinquished trtipe6, and the l]4siq Amcriqan lrcods,Inc. rvill be the r:\ultcr in fee sirnpte af rhc Cifi,'s-Relinquishecl proper[..;
WHI-RI:I'AS, City staff has reviewcd the }:xchange and recommends approval of theF)xchange an r fair val*e for value exchange ;
WHf RLT\S' the Ciry'Ccu*cil findn it irr the best public inrcresr ro approve thc lixchangeand to autho*iee the Nlayor to excrc*te all necessary dacuments tn implemerrt"tt * ffansacuon subjcctto thc conditions $et forth belcw.
RSSOLUTION 2014 * 14 - PA$E r
r-llY {}1,
RH,XtslJRG
t{nrrra:li J"'ttlilf ( :r ltlr}ilttlil!'
I{O\UTHUREI]ORE, BH T[ RHSOI,\Th,D B}'THA MEh{BN,RS OIJ'THS, CITY COUNCII' OF
:fHH, CI"IY OF R[,XI]URG, IDAHO":\S FOIJ'OWS:
$ection 1. 'l'hnt the above $,tatcments afe true and cofrect.
sqqtion 2" 'l'hat the Exchange is hereby approved and accepted.
Section 3. 't'hat thc N{ay*r is hcrcby authorizcd, permitted, and directcd to execute all
necs$$a{y clocumcgts r*qui:ed to inrplement the acdons contemplated by the lixchange subicct tcr
representadans by all partic$ to the exchangt.
$ectinn 4. '[his Rcsolution shall be in full fr:rce and cffect imrnediateli'up+n its
acloptian *nd tpprr:val.
AFlrl:lfijlllD AND FA$StsD l:y th* Rexburg Ci* Cotrncil of Rexburg,I\{a<fuson CounfY,
Idaho, this 6rl{ day of Aggust,2{ll'1.
ATl-IiSl':
,', ,p;:
By,
lllair t). Ka1', Oiqv Clerk
RESOLUTION 2OI4 * 14 . PAOE 2
r-t t't'ilt;
Ril.XBIJRS
rlrrrr i.-i $ llii*rir!h (irrlrrrnrlrlr,
Hxhlbit A
Citf of Rexburg Property at 166 H*st Nprrh ?tl'
tuea One (l)
't'tt.\il'l' 1;
lieginning at a point thnt is West 249.95 feet from the Northeast comer of Secticn 19,'I'ownship 6 Nnrth, Range 40 [:.ast, I]oisr Nleddian, Fladison Coun*]', ldaho, and rurmng
thence Sr"ruth 27tj.97 fecf; thence Wcst 247.11 fcct; thnnce North 30 020'20" tiast 323.23
feet; th*nce liast 83.34 feet to the point nf beginnLrg.
StiBJl:iCT 'IO: ;\ lil foot rv*de easement along thc Hast siclc of the :rbovc de*cribed tract fnr
roadr,vav purp*$es.'I'#Gli"I'FIli,R WITH; *\ 2il fc:*r rvide rt:*chvfl]r ea$emenr rvhich ccnrc:line is descdbed as
follows: Bcginning at a point thnt in Wcst 249.95 feet frr:m the Northeast conr*r of Section
19, Tbrvnship 6 North, Range 40 F)ast, Snisc hfcridian, fufaclis*n (J*ung, Idaho, and mnning
fhcncc South 27fi.97 feet,'IR;\CII"2:
Ilcg:nning flt a point that is West 397.06 fc*t anci lir:uth 278.97 teet from the Northeast
corner of $ec*+n 19, Township 6 North, Range 4il East, S+ise S{eridian, IHadisnn Coung,,
Idaho, nnd running thetrce South g0 feet; th*lncs Wcst 152.67 feer; thence North 30 020'20"
H*st 104.?ti feet; thence Fjast 1fl0 feer tc the point of be1$nnir:g.
RESOLUTION 2OI4 * 14 - PAfiH 3
(;lll r)lr
REKHUfi-fi
ilutr'rrr.r! /:,riti/1 ( iullr:rrrrl;
fi,xhibit B
Snsic Arneticnn Fosds, Inc. Sroperty *t apptoximately $th west between (Sth North *nd ?'b
Notth); Atea Two (2) * Attachment A
Beginnilg ar thc SW camer of the NWl /4 of the NIW1 /4 of Secuan 19, 'fownship S North, ltange
4il tlnst, Il.N'l ; the"ncc Nosh 9S4"50 ft.; thencc S 52021'47" tl ?60 ft.; thence S 26o53'48" #'926.45
ft.; thence west 625 ft. to the p*rint of bcgi:rning'
RHSOLUTTON 2OI4 _ 14 . PA$H 4
H C)IlFi.ItIS I{C)])HN {:}r f)CI{ETT NSEN 6n HO()PE$, {LLC
lt. !t HNJ,\ .v|lF'I l1(i,39- l9$9)
sSVt.r\l{n H. f ItDnrCI{ it*41-19S4} TF"r) Ci' SI'ltlN$liI}' i1943-1f84} wll'I'lS
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Lnnv S. LARSoN
*-M*n larylarson@lopklnst*det.com
(0024391J;l)
428 pl! rd K
l?081 513-{445. FA)(
$e9 wEsT S.{NNOCK. tl$ &OX ?1tO.l$tlr$H"
Stephen P, Zollinger, Hsq.
City ofRexburg
P.O. Box 280
Rexburg, Idaho 83440
Rc: Basic Arncrican Foods, Inc'
Proposed land exch*nge
Dear Steve:
We repress.nt Basic American Foods, lnc. You suggested that it might be
helpful fior us to put intc writing the details af the la*d exchange thet Basic American and
the City of Rexburg have been inforrnnlly considering ovcr the last few weeks. I have
rttempted to do that. Eefors yoll meke use of this document, lst me knorv if there are any
other paints that tha City would find imparlant to discuns from its porspective.
i. Basis will rrade that portion of its Mndison County property lying south atrd west
of the $outh Fork of the T*fon River {about 5.5 acres currently subject to the Licsnse
Agreement dated August 14, ?00?, called the "Basic Parccl") for the roughly 1.6-acre
parcel on W. 1000 North between the railroad tracks and the credit union properlry on N.
Znd East (called the "City P*rccl"). The City Parcel will include aily water rights
associated with the well on the property.
2. The City willprovirle a survey of the tsasic Parcel.
3. Basic will have 9* days afier the sigaing of the agreetnent to cornplete its
inspections of tfue City Parcel, to ensure tliat ther* {rrs no prohibitive snvironmental
conditions or easements.
llVEl$L.tE r IDAI-{() SALLS, ID * S34O?
{?$Si 523*4474 . WWW. t-[O pKIhrS RODEh:. CO M
rl) . $Jrcr-e: l0 . f?0*] 3$4-7tJ0 , FAX l3(r-e154 . wwW. ItOPKI NSRODE N.CC)
June 23, 2A14
P*ge 2
4' Real propcrty taxos on both parcels will be pro-rated as of the date of theexchange' Otherwise, both parcels will be traded free and clear of all liens andencumbrances that wculd *ffect their v*lue or future use.
1' The City will provide a title op?rt on the Ciry Farcel, and Basic will pravide atitle report on the Basic Parcel. Each will provide tiile insurance for the cther. Theagreed value of both parcels will be $19CIJ00.
6' The trade rarill be considered n tax*free "1031 exchangr" from Basic,s standpoint.The City will cooperate with that objective, although rhe Cif will nst be obligaredioincur any expense to acccrnplish that.
7 ' The Basic Parcel wilt be fransferrEd to the Ciry subject ro a restriction that limitsits use to public, recrsational use other than hunting or target sho<lting. Nc other public,commercial, industrial, or residential development will be allowed.
S' Upon the filing of an appropriate application by Basic, the City will grant abuilding permit for Basic to place an internally illunrinated busin*** rign nn the north-east corner of the City Farcel.
If you have any other thoughts about the tenns of the fransaction, don,thesit*te to give me a call.
LSL/ln
Sincere ly"
Findings of Focl
City of Rexburg
Phone: 208.359.3020
Fox: 208.359.3022
Public Hearing
August 06,201.4
Land Exchange
1'. pn Augus t 06,201,4 the City Council held a public hearing at 7:10 p.M. for aLand exchange between the Crty of Rexburg and dasic AmericanFoods, Inc. The Basic
American Food's Ploperty is located on North 5'h West between 5ft North and76 North;
The City of Rexburg's property is located on2"d East behind Idaho Cental Ctedit Union atthe corner of 2"d EastandT,h North.
Staff Report:
Lary Latson' an attorney from Idaho Falls for Basic American Foods reviewed the proposal toexchange propeties. Each-ptoperty would be better sewed by exchanging the propeiti.r. H.
said the trade value was a fatt ftade because of what the city has plans T"tlt. He reviewed thecity's request to have the 22 acre parcelnorth of Eagle Park included in a futute urban renewal
district. The acrage is next to a waste water pivot toieleave the plant of waste water afluent.Right now the six pivots next to their plant are getting watered irom the water they use to washpotatoes and the water that comes out of the potatoes when dehydrating them. They arc atmaximum capaciq because they can only operate as fast as the fields wi[ absorb the water. Thepossiblility of a road ftj""gtt the pivot area would cause a loss of plant production because therewould not be enough field absorb the water quick enough. Couniil Member Merill reviewedthe possibility of_extending 5'h West north u"rb* their pioperty. At this point Basic American
Foods is not willing to give up any piece of propetty to the Urtan Ren--al District.
Mayor Woodland opened the public hearing.
Public Testimony in favot of the proposal (5 minute limit): - NONE
Public Testimony neutral to the proposal (5 minute limit): - NONE
Public Testimony opposed to the proposal (5 minute limit): - NONE,
Rebuttat - NONE
Mayot woodland closed the public hearing for deliberations.
City Attorney Zollinget teviewed the two sites and the associated improvements. The UrbanRenewal District would like that property to be added so that the enitre district c n p^y for a bridgethere and not iust the two adjacentpropreties. Eagle Park is parly owned by Basic American. ThJy
REXBIJRG
Arnerka's Farnily Ca mmu n ity
CITY OF
www.rexburg.org
between the City of Rexburg and Basic American Foods, rnc.
have licensed that ate to the city and since the city and Boy Scouts of America have put in camp
sights, water spickets, and park shelters. The staff does view these properties as a fat tade.
Council Membet Wolfe asked if 5'h West needed to be extended in the future, how would we go
about it?
City Attorney Zolhnger explained that if this is not connected to the cuftent Urban Renewal
District and laws do not change in the near future, you can only extend Urban Renewal funds within
the Urban Renewal District. Utban Renewal anticipates significant gowth by the north interchange
forcing us to increase infrastructure to that arca.If we do not include this area in the district now
then it will unlikely be included in the future losing funding from rhe district for a bridge. The
adiacent poperty owners would. then be responsible for the funding of the toad. In the future if we
feel that the best place for a road is on the propery line of Basic American then we will do what is
necessary to make it happen. Basic American is a good neighbor to the City of Rexbug.
Council President Smith said the properry values are similar.
Council Member Busby asked Attorney Larson his feelings on what City Attorney Zollinger just
said about possible putting a road ther in the future.
Attomey Larson said agreeing to the Utban Renewal Plan now would limit their concerns in a
condemnation proceeding in the future.
Discussion on the timing for an Urban Renewal District on North 2"d East. City Attom ey Zolhnget
said the city wont move forward on 5'h West only if a determination is made in ihe public interesl to
build the road.
Attotney Latson asked for approval of the proposal.
(fhefrst sin was aparcel (/./ 3/ ams) purcbaud fu the CiE n rehcate some trailersl the seconclparcel
(appmxtnatel 6 anes) was a leased parcel used b,1t the CiEfor Eagle Park along the Teton n;uei.)
RESOLUTION NO. 2OI4-I4
A RESOLUTION OF THE CITY COUNCIL OF'THE CITY OF REXBURG, IDAHO,
APPROVING THE EXCHANGE OF RE,AL PROPERTY BETWEEN THE CITY OF'
REXBURG AND BASIC AME,RICAN FOODS, INC; AND AUTHQRIZING AND
DIRECTING THE MAYOR, TO EXECUTE ALL NECESSARY DOCUMENTS
REQUIRED TO IMPLE,MENT THE EXCHANGE,; AND PROVIDING AN
EFFECTIVE DATE.
THIS RESOLUTIoN, made on the date hereinafter set forth by the ciw council of theCity of Rexbug, Idaho, a municipal colporation under Idaho Law, herein aftet rifered to as the
"City."
WHEREAS, the City, is authorized to exchange real property in accordance with Idaho
Code, Chapter 14 & 20, Title 50;
WHEREAS, the City is the owner in fee simple title of real property described on Exhibit Aattached hereto and made z pzrt hereof ('city's Relinquished property'j;
WHEREAS, Basic American Foods. Inc. is owners in fee simple title of that certain parcelof real proPerty described on Exhibit B attached hereto and made ^ pitthereof ('nasrEarcgEaFoods. Inc. Relinquished Property');
WHEREAS, the City and Basic American Foods. Inc. desire to accomplish a real properryexchange, in otder that on the completion of such exchange, the City shall b. the owner in feesimple of the Basic Amedcan Foods. Inc. Relinquished Prlperty and the Basic Amedcan Foods,Inc. will be the owner in fee simple of the city's Relinquished property;
!7HEREAS, City staff has reviewed the Exchange and recommends approval of theExchange as a fairt value for value exchange;
WHEREAS, the City Council finds it in the best public interest to approve the Exchangeand to authoize the Mayor to execute all necessary documents to impleme"ith" ftansaction ,rib;""tto the conditions set forth below.
NOW THEREFORE, BE, IT RESOLVED BY THE MEMBERS OF THE CITY COUNCIL OFTHE CITY OF REXBURG, IDAHO, AS FOLLO\X/S:
Section 1. That the above statements are true and corect.
Section 2. That the Exchange is hereby approved and accepted.
Section 3. That the Mayor is hereby authorized, permitted, and directed to execute allnecessary documents required to implement the actions contimplated by the Exchange subject totepresentations by all parties to the exchange.
Section 4' This Resolution shall be in full force and effect immediately upon itsadoption and approval.
AFFIRMED LND PASSED by the Rexburg City Council of Rexburg, Madison Counry,Idaho, this 6rH day of August,2014.
By,
ATTEST:Richard S. \Woodland, Mayor
Blair D. IGy, City Clerk
Deliberations:
Mayor Woodland asked for a motion:
Council Ptesident S:th moved to approve Resolution 2014-14;the land exchange between the
9,1?:f T*burg and Basic American Fotds, Inc. located on North 5'h \il/est u"t*".rr-s" North anj7'n North and authoriznithe Mayor to execute the documents required for the land exchange;Council Member Benfield seconded the motion; Mayor Woodland asked for a vote:
Those voting ayg
Council president Smith
Council Member Benfield
Council Member Busby
Council Member Merrill
Council Member'VTolfe
The motion carded.
Discussion on the two properties.
Those voting nay
None