HomeMy WebLinkAboutURA RES 2021-03 RESOLUTION NO. - -0,3
A RESOLUTION OF THE CALDWELL URBAN RENEWAL AGENCY RATIFYING
THE SALE AND ACCEPTING THE DEEDS FOR THE PURCHASE OF LOTS SIX (6)
THROUGH TWELVE (12),BLOCK 2,CALDWELL ORIGINAL,ACCORDING TO THE
PLAT THERE6F,FILED IN BOOK 1 OF PLATS AT PAGE 20,RECORDS OF CANYON
COUNTY, IDAHO.
RECITALS
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WHEREAS, the Caldwell Urban Renewal Agency engaged the services of Mark Bottles Real
Estate Services, LLC and Norm Brown to engage in negotiations for the purchase of certain real
property in the City of Caldwell, Canyon County, Idaho; and,
WHEREAS,Norm Brown engaged in negotiations with multiple property owners within the City
to pursue potential real property acquisitions by the Caldwell Urban Renewal Agency; and,
WHEREAS, negotiations concluded successfully with Robert Busse and Vicki Kringlen-Busse,
husband and wife, for the purchase of Lots 6, 7, and 8, Block 2, Caldwell Original, according to
the plat thereof, filed in Book 1 of Plats at page(s) 20, records of Canyon County, Idaho; and,
WHEREAS, Robert Busse and Vicki Kringlen-Busse executed a Warranty Deed for the sale of
the foregoing property, a copy of which is attached hereto as Exhibit A; and,
WHEREAS, as part of the negotiation, the Caldwell Urban Renewal Agency agrees to the
execution of a Deed of Trust, a copy of which is attached hereto as Exhibit B; and,
WHEREAS, negotiations concluded successfully with Rigoberto Contreras and Nelly Contreras,
husband and wife,for the purchase of Lots 9, 10, 11,and 12,Block 2,Caldwell Original,according
to the plat thereof, filed in Book 1 of Plats at page(s) 20, records of Canyon County, Idaho; and,
WHEREAS, Rigoberto Contreras and Nelly Contreras executed a Warranty Deed for the sale of
the foregoing property, a copy of which is attached hereto as Exhibit C; and,
WHEREAS, as part of the closing process for the foregoing properties, the Caldwell Urban
Renewal Agency was required to sign Closing Statements supplied by Pioneer Title Company,
copies of which are attached hereto as Exhibit D; and,
WHEREAS,the Caldwell Urban Renewal Agency desires to accept the executed deeds and ratify
the sale and purchase of the above-described real property.
NOW,THEREFORE,BE IT HEREBY RESOLVED by the Caldwell Urban Renewal Agency,
that the Agency does hereby ratify the sale, and accept the deeds, for the purchase of lots six (6)
through twelve (12), Block 2, Caldwell Original, according to the plat thereof, filed in Book 1 of
Plats at page 20,records of Canyon County,Idaho. The acceptance and authorization for all those
documents attached hereto as exhibits is hereby effectuated, and the Chairman is authorized to
take any additional steps necessary to accomplish the same.
CALDWELL URBAN RENEWAL AGENCY RESOLUTION NO. -PAGE 1
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PASSED BY THE CALDWELL URBAN RENEWAL AGENCY this 11th day of January,
2021.
APPROVED BY THE CALDWELL URBAN RENEWAL AGENCY this 1 I" day of January,
2021.
" ti, *I, ,,• APPROVED:
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r••��.MC �rM�eNr �b"""
�•'•. ���'®� ���:•�'`` HAIRMAN RO E T M. HOPPER
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ATTEST:
URA SECRETARY
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CALDWELL URBAN RENEWAL AGENCY RESOLUTION NO. -PAGE 2 j
EXHIBIT A
PioneerTitleCo.
GGlNG BfY0H0
610 S.Kimball Avenue j
Caldwell,ID 83605 2020-074877
ELECTRONICALLY RECORDED-00 NOT RECORDED
REMOVE THE COUNTY$TAMPEBDFIRST 12M6/2020 02:30 PM
PAGE AS IT IS NOW INCORPORATED AS CHRIS YAMAMOTO
PARTOFT14E ORIGINAL DOCUMENT CANYON COUNTY RECORDER
s�lFile No.751234 VH/ PTY,PE: DEEDDENAS $15.0
PIONEER TITLE CANYON-CALDWELL
WARRANTY DEED ELECTRONICALLY RECORDED
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For Value Received Robert Busse and Vicki Kringlen-Busse,husband and wife
hereinafter referred to as Grantor,does hereby grant,bargain,sell,warrant and convey unto
The Urban Renewal Agency of the City of Caldwell,Idaho
hereinafter referred to as Grantee,whose current address is 411 Blaine Street Caldwell,ID 83605
The following described premises,to-wit:
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Lot 6-8,Block 2,Caldwell Original,according to the plat thereof,filed in Book I of Plats at page(s)
20,records of Canyon County,Idaho.
To HAVE AND TO HOLD the said premises,with their appurtenances unto the said Gmatee(s),and
Grantees(s)heirs and assigns forever. And the said Grantor(s)does(do)hereby covenant to and with the
said Grahtee(s),the Grantor(s)is/are the owner(s)in fee simple of said premises;that said premises are
free from all encumbrances EXCEPT those to which this conveyance is expressly made subject and those
made; suffered or done by the Grantee(s); and subject to U.S. Patent reservations, restrictions,
dedications,easements,rights of way and agreements,(if any)of record,and current years taxes,levies,
and assessments, includes irrigation and utility assessments,(if any)which are not yet due and payable,
and that Grantor(s)will warrant and defend the same from all lawful claims whatsoever.
Dated: December 9,2020
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Robert Busse ---
Vic i Kringle sso—
State of Idaho,County of Canyon
This avcord was ackno ledged before me on December!�2020 by Robert Busse and Vicki
Krinr4en-Busse
I{ VIC a HUNSPERGER
IL
Egaatureofnotaryp blic COMMISSION431135
Commission Expires: 12/2/2022 NOTARY PUBLIC
STATE OF IDAHO
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Exhibit B - Page 1
'� PioneerTltleCo. 2020-074878
GOING BtYGND RECORDED
1211512020 02:30 PM
610 S.Kimball Avenue GHRIS YAMAMOTO
Caldwell,ID 83605 CANYON COUNTY RECORDER
s-3$CARDENAS! $45.00
ELECTRONICALLY RECORDED•DD NOT TYPE: MTr o or T
REMOVE THE COUNTY STAMPED FIRST PIONEER TITLE CANYON-CALDWELL
PAGE AS IT is NOW INCORPORATED AS SGECTRPN1CAtLYRECORDED
PART OF THE ORIGINAL DOCUMENT
FileNo.'751234 VNl Beneficiary Initials/-,U
DEED OF TRUST
'PHIS DEED OF TRUST,Made December 9,2020 between The Urban Renewal Agency of the City of
Caldwell, Idaho herein called GRANTOR,whose address is 411 Blaine Street, Caldwell, ID 83605;
Pioneer Title Company of Canyon County, herein called TRUSTEE; and Robert Busse and Vicki
Kringlen-Busse whose mailing address is 22926 Old Hwy 30, Caldwell, ID 83607, herein-called
BENEFICIARY;
WITNESSETH:That Grantor does hereby irrevocably GRANT,BARGAIN,SELL AND CONVEY TO
TRUSTEE IN TRUST,WITH POWER OF SALE,that property in the County of Canyon,Stata of Idaho,
described as follows:
THE REAL PROPERTY IS NOT MORE THAN EIGHTY (80) ACRES AND I IS NOT
PRINCIPALLY USED FOR THE AGRICULTURAL PRODUCTION OF CROPS,LIVESTOCK,
DAIRY OR AQUATIC GOODS,OR IS NOT MORE THAN FORTY(40)ACRES REGARDLESS
OF USE,OR IS LOCATED WITHIN AN INCORPORATED CITY OR VILLAGE.
Lot 6-8,Block 2,Caldwell Original,according to the plat thereof,filed in Book I of Plats at page(s)20,
records of Canyon County,Idaho,
TOGETHER WITH the rents,issues and profits thereof,SUBJECT,HOWEVER,to the right,power
and authority hereinafter given to and conferred upon Beneficiary to collect and apply such rents,issues
and profits,for the purpose of securing payment of the indebtedness evidenced by a promissory note,of
even dale herewith,executed by Grantor in the sum of$262,500.00 Two Hundred Sixty Two.Thousand
Five Hundred Dollars and No Cents final payment due January 10,2021,and to secure payment of all
such further sums as may hereafter be loaned or advanced by the Beneficiary herein to the Grantor
herein,or any or either of them,while record owner of present interest;for any purpose,and of any notes,
drafts or other instruments representing such further loans, advances or expenditures together with
interest on all such sums at the rate therein provided, Provided,however,that the making of such further
Ioans,advances or expenditures shall be optional with the Beneficiary,and provided,further,that it is the
express intention of the parties to this Deed of Trust that it shall stand as continuing security until paid
for all such advances together with interest thereon.
A. To protect the security of this Deed of Trust,Grantor agrees:
(1) To keep said property in good condition and repair; not to remove or demolish any building
thereon;to complete or restore promptly and in good and workmanlike manner any building which may
be constructed,damaged or destroyed thereon and to pay when due all claims for labor performed and
materials furnished therefor;to comply with all laws affecting said property or requiring any alterations
or improvements to be made thereon;not to commit or permit waste thereon;not to commit,suffer or
permit any act upon said property in violation of law;to cultivate;irrigate,fertilize,fumigate,prune and
do all other acts which from the character or use of said property may be reasonably necessary,the
specific enumerations herein not excluding the general.
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(2)To provide,maintain and deliver to Beneficiary fire,vandalism and malicious mischief)insurance
satisfactory to and with loss payable to Beneficiary. The amount collected under any fire or other
insuranee policy may be applied by Beneficiary upon any indebtedness secured hereby and in such order
as beneficiary may determine, or at option of Beneficiary.the entire amount so collected or any part
thereof may be released to Grantor. Such application or release shall not cure or waive any(default or
notice of default hereunder or invalidate any act done pursuant to such notice.The provisions hereof are
subjectto the mutual agreements of the parties as below set forth.
Exhibit B - Page 2
(3) To appear in and defend any action or proceeding purporting to affect the security hereof or the
rights or powers of Beneficiary or Trustee and to pay all costs and expenses,including cost of evidence
of title and attorneys'fees in a reasonable sum,in any such action or proceeding in which Beneficiary or
Trustee may appear,and in any suit brought by Beneficiary to foreclose this Deed of Trust.
(4) To pay:(a)at least ten days before delinquency all taxes and assessments affecting said property,
including assessments on appurtenant water stock;(b)when due,subject to the mutual agreements of the ;
parties,as below set forth,all encumbrances,charges and liens,with interest,on said property or any part
thereof,which appear to be prior or superior hereto;(c)all allowable expenses of this Trust.
(5) Should Grantor fail to make any payment or to do any act as herein provided,then Beneficiary or
Trustee, but without obligation so to do and without notice to or demand upon Trustor and without
releasing Grantor from any obligation hereof,may: make or do the same in such manner and to such
extent as either may deem necessary to protect the security hereof, Beneficiary or Trustee being
authorized to enter upon said property for such purposes;appear in and defend any action or proceeding
purporting to affect the security hereof or the rights or powers of Beneficiary or Trustee;pay,purchase,
contest or compromise any encumbrance,charge or lien which in the judgment of either appears to be
prior or superior hereto;and,in exercising any such power,pay allowable expenses.
(6)To pay immediately and without demand all sums so expended by Beneficiary or Trustee,with
interst from date of expenditure at the amount allowed by law in effect at the date hereof.
B. It is mutually agreed that:
(1)'Any award of damages in connection with any condemnation for public use of or injury to said
property or any part thereof is hereby assigned and shall be paid to Beneficiary who may apply or release
such moneys received by him in the same manner and with the same effect as above provided for
disposition of proceeds of fire or other insurance.
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(2) By accepting payment of any sum secured hereby after its due date,Beneficiary does not waive
his right either to require prompt payment when due of all other sums so secured or to declare default for
failure so to pay.
(3)At any time or from time to time, without liability therefor and without notice, upon written
request of Beneficiary and presentation of this Deed and said note for endorsement,and without affecting
the personal liability of any person for payment of the indebtedness secured hereby, Trustee may:
reconvey all or any part of said property; consent to the making of any map or plat thereof;join in
granting any easement thereon;or join in any extension agreement or any agreement subordinating the
lien or charge hereof.
(4) Upon written request of Beneficiary stating that all sums secured hereby have been paid,and
upon surrender of this Deed and said note to Trustee for cancellation and retention and upon payment of
its fees,Trustee shall reconvey,without warranty,the property then held hereunder.The recitals in any
reconveyance executed under this deed of trust of any matters or facts shall be conclusive proof of the
truthfulness thereof. The grantee in such reconveyance may be described as"the person or persons
legally entitled thereto." i
(5)As additional security,Grantor hereby, gives to and confers upon Beneficiary the right,power
and authority, during.the continuance of these Trusts, to collect the rents, issues and profits of said
propcity,reserving unto Grantor the right,prior to any default by Grantor in payment of any indebtedness
secured hereby or in performance of any agreement hereunder,to collect and retain such rents,'issues and
profits us they become due and payable.Upon any such default,Beneficiary may at any time without
notice,either in person,by agent,or by a receiver to be appointed by a court,and without regard to the
adequacy of any security for the indebtedness hereby secured,enter upon and take possession of said
property or any part thereof,in his own name sue for or otherwise collect such rents,issues and profits,
including those past due and unpaid, and apply the same;less costs and expenses of operation and
collection,including reasonable attorney's fees,upon any indebtedness secured hereby,and in such order
as Beneficiary may determine.The entering upon and taking possession of said property,the collection
of such rents, issues and profits and the application thereof as'aforesaid,shall not cure or#waive any
default or notice of default hereunder or invalidate any act done pursuant to such notice.
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(6) Upon default by Grantor in payment of any indebtedness secured hereby or in performance of
any agreement hereunder,all sums secured hereby shall immediately become due and payable at the
option of the Beneficiary. In the event of default,Beneficiary shall execute or cause the Trustee to
execute a written notice of such default and of his election to cause to be sold the herein described
property to satisfy the obligations hereof,and shall cause such notice to be recorded in the office of the
recorder of each county wherein said real property or some part thereof is situated.
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Exhibit B - Page 3
Notice of sale having been given as then required by law,and not less than the time then required
by law having elapsed,Trustee,without demand on Grantor,shall sell said property at the time and place
fixed by it in said notice of sale,either as a whole or in separate parcels and in such•orde as it may
determine,at public auction to the highest bidder for cash in lawful money of the United States,payable
at time of sale.Trustee shall deliver to the purchaser its deed conveying the property so sold,but without
any covenant or warranty express or implied.The recitals in such deed of any matters or facts shall be
conclusive proof of the truthfulness thereof.Any person,including Grantor,Trustee,or Beneficiary,may
purchase at such sale.
After deducting all costs,fees and expenses of Trustee and of this Trust,including cost of title
evideno?.of title and reasonable counsel fees in connection with sale,Trustee shall apply the proceeds of
sale to payment of. all sums expended under the terms hereof,not then repaid,with accrued interest at
aecrued.legal judgment rate per annum;all other sums then secured hereby;and the remainder,if any,to
the person or persons legally entitled thereto.
(7) This Deed applies to,inures to the benefit of,and binds all parties hereto,their heirs,legatees,
devisees,administrators,executors,successors and assigns.The term Beneficiary shall mean the holder
and owner of the note secured hereby;or,ifthe note has been pledged,the pledgee thereof.In this Deed,
whenever the context so requires, the masculine gender includes the feminine and/or neuter, and the
singular number includes the plural.
(9)Trustee is not obligated to notify any party hereto of pending sale under any other Deed of Trust
or of any action or proceeding in which Grantor,Beneficiary or Trustee shall be a party unless brought
by Trustee.
(9) In the event of dissolution or resignation of the Trustee,the Beneficiary may substitute a trustee
or trustees to execute the trust hereby created,and when any such substitution has been filed f Ir record in
the office of the Recorder of the county in which the property herein described is situated,�it shall be
conclusive evidence of the appointment of such trustee or trustees,and such new trustee or trustees shall
succeed to all of the powers and duties of the trustees named herein.
Request is hereby made that a copy of any Notice of Default and a copy of any Notice of Sale
hereunder be mailed to the Grantor at his address herein before set forth.
The k' n euaawal fgency of the City of Caldwell,Idaho
obert l,.Hop a r,Chairman
State ofldaho,County of Canyon
A2020
This record was acknowledged before me on December by Robert M.Hopper,as Chairman
of The Urban Re w I A ncy of the City of Caldwell,Idaho.
Signature of notary public Ire
Commission Expires: _L �—�' -Zfj-2`'2—
YICKI f4UNSPERGER
COMMISSION#31135
NOTARY PUBLIC
STATE OFIDAHO
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Exhibit C
PioneerfltleCo. i
SSlNS BfY0N0
610 S.Kimball Avenue
Caldwell,ID 83605 2020-074875
ELECTRONICALLY RECORDED-DO NOT RECORDED
REMOVE THE COUNTY STAMPED FIRST
PAGE AS IT IS NOW INCORPORATED AS 12/15/2020 02:28 PM
PART OF THE ORIGINAL DOCUMENT CHRIS YAMAMOTO
CANYON COUNTY RECORDER
File No.738852 VH1JB Pgs=2 SCARDENAS $15.00
TYPE: DEED
PIONEER TITLE CANYON-CALDWELL
WARRANTY DEED ELECTRONICALLY RECORDED
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For Value Received Rigoberto Contreras and Nelly Contreras,husband and wife
hereinafter ref";rred to as Grantor,does hereby grant,bargain,sell,warrant and convey unto
The Urban Renewal Agency of the City of Caldwell,Idaho
hereinafter referred to as Grantee,whose current address is 411 Blaine Street Caldwell,ID 83605
The fallowing described premises,to-wit:
Lot 9, 10, 11 and I2,Block 2,Caldwell Original,according to the plat thereof,filed in Book I of
Plats at page(s)20,records of Canyon County,Idaho. 1
SUBJECT TO those certain Judgments recorded February I,2019,as Instrument No.2019-004403,
2019-004404, 0I 004405,records of Canyon County,ID.
Buyer Initials
To HAVE AND TO HOLD the said premises,with their appurtenances unto the said Grantee(s),and
Gratitees(s)heirs and assigns forever. And tho,said Grantor(s)does(do)hereby covenant to and with the
said Grantee(s),the Grantor(s) is/are the owner(s) in fee simple of said premises;that said premises are
free from all encumbrances EXCEPT those to which this conveyance is expressly made subject and those
made, suffered'or done by the Grantee(s); and subject to U.S. Patent reservations, restrictions,
dedications,easements,rights of way and agreements,(if any)of record,and current years taxes,levies,
and assessments, includes irrigation and utility assessments,(if any)which are not yet due and payable,
and that Grantor(s)will warrant and defend the same from all lawful claims whatsoever.
Dated: December 8,2020 �-�-
Rig o Contre s.
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Nelly ras
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Exhibit D - Page 1
Pioneer Title Company of Canyon County
61v S.Kimball Avenue Fite Number. 738852
Caldwell,ID 83605 Sales Price: f'215,000.00
PioneeffltleCo. (208),I59.1651 Close Date: 12J1512020
cords drroxd Date Prepared: 121S120204:13:23PM
BUYER(S)CLOSING STATEMENT
Type: Purchase
Property. 0 MAIN STREET
CALDWELL,fD 83605(CANYON)
(04 02000 0) k
Buyer(s): THE URBAN RENEWAL AGENCY OF THE CITY OF CALDWELL,IDAHO
411 Blaine Street
Caldwell,ID 83605
Seller(s): RIGOBERTO CONTRERAS AND NELLY CONTRERAS
9290 S Flynn Road
Livermore,CA 94550
Deae[1{if10n.ry��a}��*:�?e�7..x_ ✓•.t?�[_r,....:,.��r 4:..,t -...„rl't: .._,rx�� _��''.:1:Sit;i�t..s.�.n,:..r :rs:r.e,a..Debitt' ..CiBdit ';
Deposits,Credits,Debits {
Sale Priced Property 52t5,000,00
Earnest money from Norman Brown Ibo The Urban Renewal I $2,500.00
30 Day FA Funds from Norman Brawn In The Urban Renewal I $5,000.00
Proration I
County Taxes 1211612020 to 1/112021 @$1,417.221Year ( 558.0t
'fine Charges {
Titre-Lender's Me Insurance to PloneerT&Company of Canyon County )
Title-Betuement ordosing lss to Pioneer Title Company of Canyon County I 3397S0
Tice-E-Fge Fee toftneer`nUe Company of Canyon County { 5460
Government Recording and Transfer Charges I
Recording fees:Deed$15.OD I $15.00
Additional SetUementCharges I
Relmb.for earnest rt rvtey to Norman Brown$7,500.00 57 500.04
Totals ' $222,983.01 $7,500,00
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Balance Due FROM Borrower, $215.483.01
Escrow Officer.Vidd Hunsper0er f
Phone:1208)455.7305
APPROVED AND ACCEPTED
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TiheCityofCatdwel o8n
BETTLEMENTCOORDINATOR
ViickiHunsperger
Fire Number. 738852 1 of 1
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Exhibit D - Page 2
Pioneer Title Company of Canyon County
610 S.Kimball Avenue File Number. 751234
Caldwell,ID 83605 Loan Amount: $262,500.00
Pioneerflfldo, (208}4591651 Sales $525,000.00
solos Woke Close Date: 12JI512020
BUYER(S)CLOSING STATEMENT Date Prepared: 121812020 5:09:56 PM
Type: Purchase
Property, 516 MAIN STREET
CALDWELL,ID$3605(CANYON) !
Buyer(s): THE URBAN RENEWAL AGENCY OF THE CITY OF CALDWELL,IDAHO
411 Blaine Street
Caldwell,10 83605
Seller(s): ROBERT BUSSE AND VICKI KRINGLEN-BUSSE
22926 Old Hwy 30
Caldwell,ID 83601
Dssenpirop., � -
Deposits,Credits,Debits
Sale Pdce of Property 8525,000.00
from Norman Brawn fbo The Urban Renewal Agency of the City of Caldwell,Idaho $2,50000
Proration
County Taxes 1211W4120 to 1/112021 @$2,458.34fYear Si t4.50
Iniiganon1211512026toiliao21@$195,00rYear I s9
commissions I
Real Estate Commission to Mark Bohies Real Estate SeMm,L L.C, I 523,625Att
Now Loans I
Loan Amount 5262,500.00
Title Charges
TiOo-Lendees Title insurance to PioneerTiBe Companyof Canyon County 575.00
Title-E-File Fee to PfoneerTitle Company of Canyon County 59.00
Tills-Settlemeator dosing fee to PionaerTme,Company of Canyon County s500.01
Government Recording and Transfer Charges
Recording fees:Deed$15,00 $MOD
Mongage345.00 $45.00
Additional Settlement Charges t
Reimb.for earnest money to Norman Brown$2,500.00 5250oAo
Pay 2021 lirWad#0986 to Caldwell bdgation lateral District$195.00 ( $19540
Totals ( $552,087.58 $265,000.00
Balance Due FROM Borrower: $267,087.58
Escrow Oftec Vicki Hunsperger
Phono:(208)455.7305
APPROVED AND ACCEPTED
aUYERIs
Ths n t en NeCiryofCaldwe0.ldaho
By: --""�
WaM. ppe.
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SETTLEMENT COORDINATOR
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Vicki Hunsperger
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File Number. 751234 1 of 1