HomeMy WebLinkAboutResolution No 2022 - 11 URD Conveying Prop to COR Horner's CornerInstrument # 449636
REXBURG, MADISON, IDAHO
5-9-2022 02:43:25 PM No. of Pages: j
Recorded for: CITY OF REXBURG
KIM H. MUIR Fee: 0.00
Ex-Officio Recorder Deputy
CITY OF
REXBURG
Americas Family Community
Resolution Approving Conveyance of Real Property at the Corner of I" 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.
RPRRXB 10310100, RPRRXB 10310130, RPRRXB 10310150, RPR0000031002A,
RPR0000031002B, RPR0000031002C, RPR0000031002D, RPR0000031002E, AND
RPR0000031002F and commonly known as Horner's Corner on the corner of 2"d West and
1't 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,
RPRRXB 10310130, RPRRXB 10310150, 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 4`' day of May 2022.
APPROVED by the Mayor of the city of Rexburg, Idaho, this 4`s day of May 2022.
APPROVED:
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ATTEST:
Deborah Lovejoy, City Clerk mnuE
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