HomeMy WebLinkAboutResolution 2022 - 11 Urban Renewal District Conveying Horner's Corner to City of Rexburg
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Resolution Approving Conveyance of Real Property at the Corner of 1st North and 2nd West
Resolution No 2022 - 11
A RESOLUTION OF THE MAYOR AND CITY COUNCIL OF THE CITY OF REXBURG APPROVING THE QUITCLAIM DEED CONVEYING OWNERSHIP OF REAL PROPERTY, PARCEL NOS. RPRRXB10310100, RPRRXB10310130, RPRRXB10310150,
RPR0000031002A, RPR0000031002B, RPR0000031002C, RPR0000031002D, RPR0000031002E, AND RPR0000031002F, LOCATED AT THE CORNER OF 2ND WEST AND 1ST NORTH FROM THE REXBURG URBAN RENEWAL AGENCY
TO THE CITY OF REXBURG, IDAHO, FINDING THAT ACCEPTING THE CONVEYANCE IS IN THE BEST INTEREST OF THE PUBLIC; AND PROVIDING AN EFFECTIVE DATE.
WHEREAS, the City Council of the city of Rexburg, Idaho (“City”), after notice duly published, conducted a public hearing on the Washington School Urban Renewal Plan for the Washington
School Project (the “Washington School Plan”);
WHEREAS, following said public hearing, the City Council adopted its Ordinance No. 794 on June 3, 1997, approving the Washington School Plan and making certain findings;
WHEREAS, the Washington School Plan contained a revenue allocation financing provision pursuant to the Local Economic Development Act, Title 50, Chapter 29, Idaho Code, as amended (the
“Act”);
WHEREAS, in the Agency acquired certain real property, identified as Parcel Nos. RPRRXB10310100, RPRRXB10310130, RPRRXB10310150, RPR0000031002A, RPR0000031002B, RPR0000031002C, RPR0000031002D,
RPR0000031002E, AND RPR0000031002F and commonly known as Horner’s Corner on the corner of 2nd West and 1st North in Rexburg (“Property”);
WHEREAS, after acquisition of the Property, the Agency intended to enter into a development agreement with a qualified developer for disposition and development of the Property;
WHEREAS, the termination date for the Washington School Plan revenue allocation area, as set forth in the Washington School Plan was December 31, 2017; except for revenues to be received
in 2018, as authorized pursuant to Idaho Code Section 50-2905(7);
WHEREAS, on September 12, 2018, the City Council passed and approved Ordinance No. 1201, terminating the revenue allocation area for the Washington School Plan and directing that should
the Property not be disposed of to a qualified developer on or before September 30, 2019, the Agency shall transfer the Property to the City and such transfer shall relieve the Agency
of any further financial commitment to the City on behalf of the Washington School Plan;
WHEREAS, the Property was never disposed of by the Agency and developed by a qualified developer by September 30, 2019, and is still undeveloped;
WHEREAS, Idaho Code § 50-2015 allows the Agency to convey real property to the City without consideration and subject to the terms and conditions as the Agency deems necessary;
WHEREAS, the City has indicated its willingness to accept the Property by Quitclaim Deed and to relieve the Agency of any further financial commitment to the City with regard to the
Washington School Plan;
WHEREAS, Idaho Code § 50-2015 allows the Agency to convey real property to the City without consideration and subject to the terms and conditions as the Agency deems necessary;
WHEREAS, it is in the best interest of the City and the public for the City to approve the quitclaim of the Parcel, without consideration, from Agency to the City.
NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE CITY OF REXBURG, IDAHO:
Section 1. That the Quitclaim Deed for Parcel Nos. RPRRXB10310100, RPRRXB10310130, RPRRXB10310150, RPR0000031002A, RPR0000031002B, RPR0000031002C, RPR0000031002D, RPR0000031002E, AND
RPR0000031002F, a copy of which is attached hereto as Exhibit A and incorporated herein by reference is hereby approved as to form and content.
Section 2. That the Mayor and City Clerk are hereby authorized to respectively execute and attest the Quitclaim Deed for and on behalf of the City.
Section 3. That pursuant to Ordinance No. 1201 acceptance of the Quitclaim Deed shall relieve the Agency of any further financial commitment to the City on behalf of the Washington
School Plan.
Section 4. That this resolution shall be in full force and effect immediately upon its adoption and approval.
ADOPTED by the Council of the city of Rexburg, Idaho, this 4th day of May 2022.
APPROVED by the Mayor of the city of Rexburg, Idaho, this 4th day of May 2022.
APPROVED:
____________________________________
Jerry Merrill, City of Rexburg Mayor
ATTEST:
___________________________________
Deborah Lovejoy, City Clerk