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HomeMy WebLinkAboutURA RES 2017-06 RESOLUTION NO.2017- 04 A RESOLUTION OF THE CALDWELL URBAN RENEWAL AGENCY AUTHORIZING THE ACCEPTANCE OF A CORPORATE WARRANTY DEED AND MEMORANDUM OF RIGHT OF FIRST REFUSAL AND OPTION FOR FRESCA MEXICAN FOODS, LLC REGARDING PROPERTY LOCATED IN SKY RANCH BUSINESS PARK. BE IT HEREBY RESOLVED by the Caldwell Urban Renewal Agency accepting the Corporate Warranty Deed and Memorandum of Right of First Refusal and Option for Fresca Mexican Foods made a part hereof and set forth in full. PASSED BY THE CALDWELL URBAN RENEWAL AGENCY this 13th day of February, 2017. APPROVED BY THE CHAIRMAN OF THE URBAN RENEWAL AGENCY OF THE CITY OF CALDWELL on this 13th day of February, 2017. APPROVED: 1 HAIRMAN / ATTEST: '.. .`.`'' SIT Y OF '•. SECRETARY (J�" 4. o;:•0.skPTE : • Q :mac • wi O 1 I r • '• U O.• b,N) : ` : d •. S /IS •,a,NV , q' ..... PioneerTitleCo. ;;. GOING BEYOND 2017-001843 RECORDED 610 S.Kimball Avenue 01/13/2017 04:34 PM Caldwell,ID 83605 CHRIS YAMAMOTO ELECTRONICALLY RECORDED-DO NOT CANYON COUNTY RECORDER REMOVE THE COUNTY STAMPED FIRST Pgs=2 SDUPUIS $13.00 PAGE AS IT IS NOW INCORPORATED AS TYPE: DEED PART OF THE ORIGINAL DOCUMENT PIONEER TITLE CANYON-CALDWELL ELECTRONICALLY RECORDED File No. 605671 KD/ CORPORATE WARRANTY DEED FOR VALUE RECEIVED, The Urban Renewal Agency of the City of Caldwell,Idaho,who acquired title as Urban Renewal Agency of the City of Caldwell Idahoand also known as Caldwell East Urban Renewal Agency a corporation duly organized and existing under the laws of the State of Idaho, Grantor, does hereby Grant,Bargain, Sell and Convey unto Sky Ranch Real Estate,LLC,a Delaware limited liability company Grantee, whose address is: c/o Fresca Mexican Foods, LLC 11193 W. Emerald St. Boise, ID 83713, the following described real estate,to-wit: See Exhibit A attached hereto and made a part hereof. SUBJECT TO current years taxes, irrigation district assessment, public utility easements, subdivision, restrictions, U.S. patent reservations, easements of record and easements visible upon the said premises. TO HAVE AND TO HOLD the said premises, with their appurtenances unto the said Grantee, his heirs and assigns forever. And the said Grantor does hereby covenant to and with the said Grantee,that it is the owner in fee simple of said premises; that they are free from all encumbrances and that it will warrant and defend the same from all lawful claims whatsoever. IN WITNESS WHEREOF, the Grantor, pursuant to a resolution of its Board of Directors has caused its corporate name to be hereunto subscribed by its officers this January 11,2017. The Urb. i ' -171.1 Agei %y of the City of Caldwell, Idaho By: ,.....�. LCL �Ir Ifoert M.Hopper,; rman Staterof Idaho,County of I '.f 1L r On this t c 9day of January in the year of 2017,before me, the undersigned,a Notary Public in and for said State,person:1ly appeared Robert M. Hopper,known or identified to me to be the Chairman of the •••oration that •xecuted the instrument or the person/persons who executed the instrument on behalf of said co •o on,and acknowledged to me that such corporation executed the same. „"st I'Y A.!a P -si�+ing at: Wilder w°„, oop�� Perms Commission Expires: 1-27-2023 ?°moo .�,©'t'AR�. na S PUBLA lo 4; t2 D - AJC((- _('7 ®sed°q Pt'O F 19194°`'`rro°0' k o ao r l UIP EXHIBIT A Parcel 1: A parcel of land being a portion of Lot 1,and all of Lots 4, 5 and 6,Block 7,and a portion of the right-of-way of Slipstream Way of Sky Ranch Business Center Phase 3 (a Subdivision),and a portion of the Southeast One Quarter of Section 25,Township 4 North,Range 3 West,Boise Meridian,Nampa,Canyon County,Idaho,being more particularly described as follows: Commencing at the South One Quarter Section Corner of Section 25 of said Township 4 North,Range 3 West; thence North 00°41'17"East,a distance of 1324.90 feet on the north-south mid-section line of said Section 25 to the Center- South 1/16th Section Corner of said Section 25;Thence North 89°36'23"East,a distance of 80.01 feet on the east-west 1/16th Section Line of the Southeast One Quarter of said Section 25;Thence North 00°41'17"East,a distance of 97.65 feet to the POINT OF BEGINNING:Thence North 00°41'17"East,a distance of 449.50 feet on the westerly boundary line of Sky Ranch Business Center Phase 3 (a Subdivision),as same is shown on the Plat thereof recorded as Instrument Number 2008048796 of Canyon County Records;Thence South 89°59'44"East,a distance of 1241.82 feet(formerly described as North 90°00'00"East),a portion of said line being on the northerly boundary line of Lots 4 and 6, Block 7 of said Sky Ranch Business Center Phase 3 to a point on the north-south 1/16th Section line of the Southeast One Quarter of said Section 25;Thence South 00°39'07"West,a distance of 538.51 feet on the previously described I/16th Section line to the Southeast 1/16th Section Corner of said Section 25;Thence South 00°52'04"West, a distance of 233.49 feet on the previously described 1/16th Section line;Thence North 89°59'44"West,a distance of 801.70 feet;Thence North 00°00'16"East,a distance of 322.47 feet;Thence North 89°59'44"West,a distance of 435.88 feet to the POINT OF BEGINNING. 2017-001844 RECORDED After Recording 01/13/2017 04:34 PM Return to: CHRIS YAMAMOTO ELECTRONICALLY RECORDED-DO NOT CANYON COUNTY RECORDER Anna Eberlin REMOVE THE COUNTY STAMPED FIRST Pgs=a SDUPUIS $19.00 PAGE AS IT IS NOW INCORPORATED AS TYPE: MISC Holland&Hart LLP PART OF THE ORIGINAL DOCUMENT. PIONEER TITLE CANYON-CALDWELL P.O. Box 2527 ELECTRONICALLY RECORDED Boise, Idaho 83701 M 05401 J FOR RECORDING INFORMATION MEMORANDUM OF RIGHT OF FIRST REFUSAL AND OPTION THIS MEMORANDUM O GHT OF FIRST REFUSAL AND OPTION (the Jf"Memorandum") is executed this } day of January, 2017 (the "Effective Date"), by and between The Urban Renewal Agency of City of Caldwell, Idaho, an independent public body corporate and politic of 411 Blaine St., Caldwell, Idaho 83605 ("Seller") and Sky Ranch Real Estate LLC, a Delaware limited liability company authorized to do business in Idaho, of 11193 W. Emerald St., Boise, Idaho, 83713, its nominee or assigns ("Buyer"). Notice is hereby given that Seller has granted to Buyer the exclusive and irrevocable right and option to purchase the real property more particularly described on Exhibit A attached hereto and made a part hereof (the "Property"). The right and option to purchase the Property is subject to the applicable terms and conditions as set forth in that certain Right of First Refusal and Option Agreement(the "Agreement") of even date hereof between Seller and Buyer, which terms are incorporated herein by this reference. The Right of First Refusal, as defined in the Agreement, expires six (6) years after the Effective Date of this Memorandum. The Purchase Option, as defined in the Agreement,expires eighteen(18)months after the Effective Date of this Memorandum. The purpose of this Memorandum is to give record notice of the existence of the Right of First Refusal and the Purchase Option and it shall not be construed to alter, modify, amend or supplement the Right of First Refusal or the Purchase Option. If there is any inconsistency between the terms of this Memorandum and the terms of the Agreement, the terms of the Agreement shall prevail. This Memorandum may be executed in any number of counterparts, each of which shall constitute an original,but all of which together shall be one and the same instrument. [Signature and acknowledgement pages follow.] MEMORANDUM OF RIGHT OF FIRST REFUSAL AND OPTION IN WITNESS WHEREOF, Seller and Buyer, first being duly authorized, have executed this Memorandum of Right of Refusal and Option as of the date first set forth above. SELLER: Urban - ewal Agency of the City of Caldwell, Idaho r By: _.."4. 11AI.. Name: (lei r'Ch1, :1 Ai. i Its: OMAriNVIVN,„, BUYER: Sky Ranch Real Estate LLC BY: a.. fir -- f-, Name: /I KAlvviJ Utn Its: pi,,,.s7ei —1-. n,/ c3750 [Notary acknowledgements follow] MEMORANDUM OF RIGHT OF FIRST REFUSAL AND OPTION