Notice is hereby given pursuant to Idaho Code § 50-1401 et. seq., that the City of Filer, Idaho (“City”), will conduct a public auction for the sale of certain surplus real property situated in Twin Falls County, Idaho (“Property”). The City, pursuant to Idaho Code §50-1402 has determined that it is in the best interest of the City to sell the Property. The auction will be for the sale of the Property with a reserve. The auction will be held on December 4, 2024 at 1:00 pm at Filer City Hall, 300 Main Street, Filer, Idaho 83328. Registration begins at 12:30 pm, on the day of auction.
PROPERTY LOCATION: The Property is known as Cedar Draw Park and is located approximately 20931 Highway 30, Filer, Idaho.
LEGAL DESCRIPTION: A parcel of land being on the Southerly side of the centerline of U.S. Highway No. 30 Project No. F-2361(11) Highway Survey as shown on the plans thereof now on file in the office of the Department of Highways of the State of Idaho, and being a portion of Lots 3 and 4 and the SE¼ SW¼ of Section 7, Township 10 South, Range 16 East, Boise Meridian, described as follows, to-wit:
Commencing at the Northwest corner of the SE¼ SW¼ of Section 7, Township 10 South, Range 16 East, Boise Meridian, which corner bears South 52º33'57" West, 134.38 feet from Station 360+82.99 of said Highway Survey;
Thence North 89º44'11" West, along the North boundary of Government Lot 4, 368.48 feet to the Real Point of Beginning that bears South 55º42'43" West, 432.10 feet from Station 358+81.31 of said Highway Survey;
Thence South 03º20' West, 366.44 feet to a point that bears South 51º52'53" West, 665.51 feet from Station 361+27.21 of said Highway Survey;
Thence South 63º41'09" East, 375.91 feet to a point that bears South 47º14'00" West, 517.05 feet from Station 364+24.81 of said Highway Survey;
Thence South 85º47'00" East, 297.44 feet to a point that bears South 44º06'41" West, 320.06 feet from Station 366+95 of said Highway Survey;
Thence South 75º06'37" East, 329.43 feet to a point that bears South 39º49'14" West,170.00 feet from Station 369+00 of said Highway Survey;
Thence North 39º49'14" East, 80.00 feet to a point that bears South 39º49'14"West, 90.00 feet from Station 369+00 of said Highway Survey;
Thence Northwesterly along a curve that is parallel and contiguous to the centerline of U.S. Highway 30 having a radius of 3762.81 feet a delta angle of 20º52'41" a long chord bearing North 39º44'24" West - 1363.56 feet and an arc length of 1371.13 feet to a point that bears South 60º48'24" West, 90.00 feet from Station 355+61.66 of said Highway Survey;
Thence North 89°44'11" West, 14.45 feet to a point that bears South 60º41'55" West, 102.58 feet from Station 355+54.72 of said Highway Survey;
Thence South 0º20'11" East, 170.00 feet to a point that bears South 58º35'46" West, 187.49 feet from Station 356+96.43 of said Highway Survey;
Thence South 89°44'11" East, 6.00 feet to a point that bears South 58º32'58" West, 182.37 feet from Station 356+99.43 of said Highway Survey;
Thence South 0º20'11" East, 301.50 feet to a point that bears South 54º52'03" West, 346.98 feet from Station 359+35.45 of said Highway Survey;
Thence North 89°44'11" West, 104.48 feet more or less to the Point of Beginning.
Highway Station Reference: 355+54.72 to 369+00
(9.89 acres more or less)
SUMMARY OF TERMS AND CONDITIONS:
The minimum purchase price for the Property is the appraised value of $646,900 (“Reserve Amount”). The highest winning bid must be equal to or exceed the Reserve Amount (“Successful Bid”). All bids are subject to acceptance by the City at the close of bidding.
The City owns the Property in fee simple and will transfer its interests in the Property by Quitclaim Deed to the Successful Bidder.
The Property will be sold “AS IS”, subject to all existing reservations, easements or claims of easement, rights of way, protective covenants, encumbrances, applicable zoning ordinances and building codes, laws and regulations, encroachments, overlaps, boundary line disputes, and all matters of any kind or nature, known or unknown, whether or not of public record.
Upon registration on the day of the auction, all bidders must provide a bid deposit (“Bid Deposit”) for the Property in the form of a cashier’s check in the amount of five percent (5%) of the Reserve Amount ($32,345). The Successful Bidder’s Bid Deposit must be paid to the City at the close of auction, and will be applied to the purchase price of the Property at the close of escrow and shown on the Real Estate Purchase and Sale Agreement for the Property (“PSA”). The Successful Bidder’s Bid Deposit is nonrefundable and will not be returned for any reason.
At the close of auction, the Successful Bidder must execute the PSA with the City. An example of the PSA form can be reviewed at Filer City Hall at 300 Main Street, Filer, Idaho. The total amount due and owing on the PSA at closing will be the sum of the Successful Bid, plus a Buyer's Administrative Fee in the amount of five percent (5%) of the Successful Bid, plus all additional amounts identified in the PSA, including, but not limited to, appraisal, recordation, closing and escrow costs and fees.
Closing of the transaction, including, but not limited to, recordation and closing of escrow, must be completed no more than sixty (60) calendar days following the close of auction.
At closing, the Successful Bidder will receive a Quitclaim Deed, without warranty, conveying title to the Property. An example of the Quitclaim Deed form can be viewed at Filer City Hall at 300 Main Street, Filer, Idaho.
If the Successful Bidder fails to pay any or all amounts due and owing, as required, at the close of auction or close of escrow, the following will occur: all amounts paid by the Successful Bidder, including, but not limited to, the Bid Deposit will be retained by the City and may be deemed to be liquidated damages without any further action required by the City; the PSA may be terminated, or the City may pursue other remedies as set forth in the PSA; and, the City, in its sole discretion, will be entitled to immediately place the Property for re-auction, or otherwise manage the Property.
The City may cancel the auction for the Property at any time prior to the City’s acceptance of a Successful Bid.
Additional information regarding this auction or the Property, maps, reports, auction forms and sample documents, can be can be viewed at Filer City Hall at 300 Main Street, Filer, Idaho.
Prospective bidders and brokers are invited to contact the City Clerk at P.O. Box 140, Filer, ID 83341 or at cityclerk@cityoffiler.com for additional information.
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