HomeMy WebLinkAboutACHD Project Meridian Road-Cherry Lane to Ustick Right of WayACHD
August 3, 2018
City of Meridian
Attn: Charlene Way
33 E. Broadway Ave.
Meridian, ID 83642
Re: ACHD Project No. 516027.001: Meridian Road -Cherry Lane to Ustick Road
Parcel #: 25 & 28 Subject Property: E. Woodbury Dr., Meridian, ID
Dear Ms. Way:
Sara M. Baker, President
Rebecca W. Arnold, Vice President
Jim D. Hansen, Commissioner
Kent Goldthorpe, Commissioner
Paul Woods, Commissioner
Also enclosed are copies of the following documents pertaining to the acquisition of the additional public right-of-
way:
1. Copy of the Compensation Summary
2. Copy of the Temporary Construction Easement
3. Copy of recorded Warranty Deed
4. Copy of Interagency Agreement
5. Copy of Resolution number 945
Thank you for your cooperation and consideration in the timely settlement of this matter. If any construction
questions or concerns arise during the construction phase, please contact the ACHD Construction Department at
(208) 387-6250.
Sincerely,
ADA COUNTY HIGHWAY DISTRICT
Sue Linthicum
Right -of -Way Technician
Ada County Highway District 9 3775 Adams Street • Garden City, ID 9 83714 • PH 208 387-6100 9 FX 345-7650 • www.achdidaho.org
Project Name: Meridian Rd., Cherry Ln. to Ustick Rd.
Project No: 516027.001
Name: City of Meridian
RM Parcel No: 25 & 28
T3N, R1E, Sec 06
APN:R2904320620 & R2904320010
COMPENSATION SUMMARY
PARCEL 25: NO COMPENSATION per interagency government agreement
Fee Acquisition: 992 sf
Temporary Construction Easement: 674 sf
PARCEL 28:
Fee Acquisition: 2,615 sf (total buyout)
TotalCompensation............................................................................................
0.00
ACHD WILL PROVIDE CONSTRUCTION FEATURES AS SHOWN ON THE RIGHT-OF-WAY PLANS DATED
July 6, 2017, SHEETS 9 and 18 of 30 AND AS LISTED BELOW:
'Access Points as depicted on the plan sheets are subject to change upon redevelopment or as traffic
safety conditions warrant.***
Negotiated Items: None
Seller's disclosure of hazardous materials:
(1) None _ GC __ (Seller's Initials); or
(2) Seller's Disclosure:
Property Rep
Seller:
Tamn;
eerd, Mayor
Seller: Z
Ja les�City Clerk
ACHD:
Renee Jayo, Sr. fight - ay/Agent
ACHD: _ �'--Z� /r
David Serdar, Right -of -Way Supervisor
Phone
Date_ K
Date S / ?a / ;b/9
Date
Date
Page 1 of 1
Project Name: Meridian Rd., Cherry Ln. to Ustick Rd.
Project No: 516027.001
Name: City of Meridian
R/W Parcel No: 25 & 28
T3N, RI E, Sec 06
APN: 82904320620 & R2904320010
(Reserved for Ada County Recorder)
WARRANTY DEED
THIS INDENTURE, made this 2.2. day of M , 20E), CITY OF MERIDIAN,
an Idaho municipal corporation, the "GRANTOR", and A COUNTY HIGHWAY DISTRICT, a body
politic and corporate of the State of Idaho, the "GRANTEE";
WITNESSETH:
FOR VALUE RECEIVED, the GRANTOR has granted, conveyed, bargained and sold, and does
hereby grant, bargain, sell, convey and confirm to the GRANTEE and its successors and assigns forever,
that certain real property situated in the COUNTY OF ADA, STATE OF IDAHO, more particularly described
on Exhibit "A" attached hereto and by this reference made a part hereof,
TOGETHER with all and singular the buildings, structures, improvements and fixtures thereto, the
tenements, hereditaments and appurtenances thereunto belonging or in anywise appertaining, the
reversion and reversions, remainder and remainders, and rents, issues and profits thereof (the "Premises").
SUBJECT TO those exceptions to title to which this conveyance is expressly made subject, and
those made, suffered or done by the GRANTEE: (a) the GRANTOR covenants to the GRANTEE, its
successors and assigns, that the GRANTEE shall enjoy the quiet and peaceful possession of the Premises;
and (b) GRANTOR warrants to the GRANTEE, its successors and assigns, that GRANTOR is the owner of
said Premises in fee simple and has the right and authority to convey the same to GRANTEE, and
GRANTOR will defend the GRANTEE's title from all lawful claims whatsoever.
The current address of the GRANTEE is:
Ada County Highway District
3775 Adams Street
Garden, Idaho 83714-6499
The Ada County Highway District (ACHD) is committed to compliance with Title VI of the Civil Rights Act of 1964 and related regulations and
directives. AND assures that no person shall on the grounds of race, color, national origin, gender, disability or age, be excluded from participation in, be
denied the benefits of, or be otherwise subjected to discrimination under any ACHD service, program or activity.
WD - Page 1 of 2
Version: 5/22/08
Project Name: Meridian Rd., Cherry Ln. to Ustick Rd.
Project No: 516027.001
Name: City of Meridian
R/W Parcel No: 25 & 28
T3N, R1 E, Sec 06
APN:R2904320620 & R2904320010
IN WITNESS WHEREOF, the GRANTOR has caused this instrument to be subscribed
this day of Mnk( 1 , 20 `F)
APPROV OPQ�aPTEDA(/G�sT'
Cil." of to
Tammy �ertt; fdtrA�`6�i— E I��in.-
m SEAL
STATE OF IDAHO )
) ss.
County of Ada )
ATTEST
C. day Col , CITY CLERK
On this 22. day of Bau , 202, before me a Notary Public in and for
said State, personally appeared Tam de Weerd and C. Jay Coles, known to me to be the Mayor and
Clerk of the City of Meridian, the municipal corporation that executed and attested the within instrument,
and acknowledged to me that they executed the same
IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and
year first above written.
T
Notary PubliVSALO&IOAC,
aho
• Residing re Idaho
• My Notary Commission Expires 3.92 •00 a a.
cs►>;ptlgy1G.,.Q My Notary Bond Expires 3 - a� , 2022
�, —
OF
The Ada County Highway District (ACHD) is committed to compliance with Title VI of the Civil Rights Act of 1964 and related regulations and
directives. ACHD assures that no person shall on the grounds of race, color, national origin, gender, disability or age, be excluded from participation in, be
denied the benefits of, or be otherwise subjected to discrimination under any ACHD service, program or activity.
WD - Page 2 of 2
Version: 5/22/08
EXHIBIT A
Ada County Highway District
Project No. 516027
Meridian Road — Cherry Lane to Ustick Road
o Parcel 2S
Right -of -Way Requirement Description
A parcel located in Government Lot 5 of Section 6, Township 3 North, Range 1 East, Boise
Meridian, and being a part of Lot 1 of Block 13 of FOTIIERGILL POINTE SUBDIVISIONAa I
as shown in Book 65 of Plats at Page 6639 in the office of the Recorder, Ada County, Idaho
more particularly described as follows:
Commencing at a 5/8 inch diameter iron pin marking the southwesterly corner of said
Government Lot 5, from which a brass cap monument marking the northwesterly corner of said
Section 6 bears N 09 912" Ea distance of 2653.34 feet;
Thence N 0°17'12" E along the westerly boundary of said Goverruncnt Lot 5 a distance of
365.36 feet to a point;
Thence leaving said westerly boundary S 89°42'48" E a distance of 40.00 feet to the
southwesterly corner of said Lot 1, said point also being on the easterly right-of-way of Meridian
Road and the POINT OF BEGINNING;
Thence N 0" 1T1 2" E along said easterly right-of-way a distance of 28.51 feet to a point;
Thence leaving said easterly right -of tivay a distance of 47.04 feet along the are of a 30.00 foot
radius curve right, said curve having a central angle of 89°50'41" and a long chord bearing
N 45°12'33" E a distance of 42.37 fect to a point on the southerly right-of-way of Woodbury
Drive;
Thence S 89°52'06" E along said southerly right-of-way a distance of 6.87 feet to a point,
Thence leaving said southerly right-of-way S 29°47149" W a distance .of 68.59 feet to a point on
the southwesterly boundary of said Lot 1;
Thence N 68°29'32" W along said southwesterly boundary a distance of 3.22 feet to the POINT
OF BEGINNING.
This parcel contains 992 square feet (0.023 acres) and is subject to any easements existing or in
use.
Prepared by: Glenn K. Bennett, PLS •."` I
Civil Survey Consultants, Incorporated
September 23, 2016 AIr -4`"��l ��
SKETCH TO ACCOMPANY DESCRIPTION FOR ACRD LOCATED
IN GOVERNMENT LOT 5 OF SECTION 6,
TOWNSHIP 3 NORTH,. RANGE 1 EAST, BOISE MERIDIAN,
36 31 ADA COUNTY, IDAHO
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LINE DATA
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L-1 S 8952'06" E 6.87'
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CIVIL SURVEY CONSULTANTS, INC.
2893 SOUTH MERIDIAN ROAD
MERIDIAN, IDAHO 83642
(208)8884312
FOTIIERGILL POINTE
SUBDIVISION NO. 1
BLOCK 13
EXHIBIT A
Ada County Highway District
Project No. 516027
Meridian Road — Cherry Lane to Ustick Road
® Parcel 28
Right -of -Way Requirement Description
A parcel located in Government Lot 5 of Section 6, Township 3 North, Range 1 East, Boise
Meridian, and being a part of Lot 1 of Block 1 of FOTHERGILL POINTE SUBDIVISION No. 1
as shown in Book 65 of Plats at Page 6639 in the office of the Recorder, Ada County, Idaho
more particularly described as follows:
Commencing at a 5/8 inch diameter iron pin marking the southwesterly corner of said
Government Lot 5, from which a brass cap monument marking the northwesterly corner of said
Section 6 bears N 0" 1TI 2" E a distance of 2658.34 feet;
Thence N 0°17'12" E along the westerly boundary of said Government Lot 5 a distance of
577.49 feet to a point;
Thence leaving said westerly boundary S 89'50'13" E a distance of 40.00 feet to the
northwesterly corner of said Lot 1 and the POINT OF BEGINNING;
Thence continuing S 89050'13" E along the northerly boundary of said Lot 1 a distance of 8.00
feet to a point;
Thence leaving said northerly boundary S 0° 17' 12" W a distance of 65.57 feet to a point;
Thence S 2455'56" E a distance of 29.43 feet to a point on the northerly right-of-way of
Woodbury Drive;
Thence along said northerly right-of-way a distance of 37.50 feet along tine are of a 30.00 foot
radius non -tangent curve right, said curve having a radius point bearing N 1839'54" E, a central
angle of 71°37'18" and a long chord bearing N 35°31'27" W a distance of 35.11 feet to a point
on the easterly right-of-way of Meridian Road;
Thence N 0'17'12" E along said easterly right-of-way a distance of 63.71 feet to the POINT OF
BEGINNING.
This parcel contains 748 square feet (0.017 acres) and is subject to any easements existing or in
use.
Prepared by: Glenn K. Bennett, PLS
Civil Survey Consultants, Incorporated e'
�a
September 23, 2016 r, ^� �411
1
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9r.a r
EXHIBIT A
Ada Cotulty Highway District
Project No. 516027
Meridian Road — Cherry Lane to Ustick Road
Pal -eel 28
Reninant Parcel Description
A parcel located in Government Lot 5 of Section 6, Township 3 North, Range 1 East, Boise
Meridian, and being a part of Lotl of Block 1 of FOTFIERGILL POINTE SUBDIVISION No. I
as shown in Book 65 of Plats at Page 6639 in the office of the Recorder, Ada County, Idaho
more particularly described as follows:
Commencing at a 519 inch diameter iron pin marking the southwesterly corner of said
Government Lot 5, from which a brass cap monument marking the northwesterly confer of said
Section 6 bears N O°17'12" E a distance of 2658.34 feet;
Thence N 0017112" E along the westerly boundary of said Goverlunent Lot 5 a distance of
577.49 feet to a point;
Thence leaving said westerly boundary S 89050'13" E a distance of 48.00 feet to a point on the
northerly boundary of said Lot 1 and the POINT OF BEGINNING;
Thence continuing S 89'50'13" E along said northerly boundary a distance of 21.83 feet to the
northeasterly corner of said Lot 1;
Thence S 0°07'53" W along the easterly boundary of said Lot l a distance of 93.77 feet to the
southeasterly comer of said Lot 1;
Thence along the southerly boundary of said Lot l a distance of 9.70 feet along the arc of a 30.00
foot radius non -tangent curve right, said curve having a radius point bearing N 0°07'53" E, a
central angle of 18°32'00'' and a long chord bearing N 80°36'07" W a distance of 9.66 feet to a
point;
Thence N 2.4°5556" W a distance of 29.43 feet to a point;
Thence N 0°17'12" E along said easterly right-of-way a distance of 65.57 feet to the POINT Or
BEGINNIN G_
This parcel contains 1867 square feet (0.043 acres) and is subject to any easements existing or in
use.
Prepared by: Glenn K. Bennett, PLS
Civil Survey Consultants, Incorporated
September 23, 2016
n---,+-. nn.,.,'o3 �onan oa—. a�-7 Af Aein.
SKETCH TO ACCOMPANY DESCRIPTION FOR ACHD LOCATED
-- IN GOVERNMENT LOT 5 OF SECTION 6,
TOWNSHIP 3 NORTH, RANGE 1 EAST, BOISE MERIDIAN,
36 31 ADA COUNTY, IDAHO
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SUBDIVISION
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BLOCK 1
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FHERGILL POINTE
BDIVISION NO. 1
SCALE: 1 "=20'
CIVIL SURVEY CONSULTANTS, INC.
2893 SOUTH MERIDIAN ROAD
MERIDIAN, IDAHO 83642
(208)888-4312
WOODBURY DRIVE
61/4
CURVE DATA
:URVE I DELTA RADIUS . : a e 3SQH BRNG.
Project Name: Meridian Rd., Cherry Ln. to Ustick Rd,
Project No: 516027.001
Name: City of Meridian
RNV Parcel No: 25 & 28
T3N, R1 E, Sec 06
APN: R2904320620 & R2904320010
Exhibit B to Warranty Deed
Parcel 25:
Order No: 585167
10. Any question that may arise due to shifting or change in the course of the ditch or canal herein named,
or due to said ditch or canal having changed its course.
Name of Ditch or Canal: Jackson Drain
11. Right-of-way, interest and easements which may exist for the herein named drain.
Drain: Jackson Drain
Affects: Lot 1 in Block 1 and Lot 1 in Block 13
12. Covenants, conditions, restrictions and easements as set forth on the plat.
Name of Plat: Fothergill Pointe Subdivision No.1
Book/Page: 65/6639-6641
13. Covenants, Conditions, Restrictions, Reservations, and Easements
Dated: May 16, 1994
Executed by: John R. Ewing and Sara L. Ewing
Recorded: May 17, 1994
Instrument No.: 94045996
Deleting or omitting any covenant, condition or restriction indicating a preference, limitation or
discrimination based on race, color, religion, sex, handicap, familial status, or national origin to the extent
such covenants, conditions or restrictions violate 42 USC 3604(c).
14. Construction Contract for Urban Irrigation System in Fothergill Pointe Subdivision executed by and
between the parties herein named upon the terms, conditions and provisions therein provided.
Between: Nampa & Meridian Irrigation District John R. Ewing and Sara L. Ewing, owners
Dated: May 16, 1995
Recorded: May 17,1995
Instrument No.: 95033524
This contract is intended for the benefit of those lots in Fothergill Pointe Sub No.1 and 2,
EXCEPT Lots 1 and 2 of Block 1 Lots 1 and 2 of Block 2 Lots 1 and 2 of Block 3 Lots 1 thru 4 of Block 4
Lots 1 thru 12 of Block 13
16. License Agreement upon the terms, conditions and provisions contained therein:
Between: Nampa & Meridian Irrigation District and The City of Meridian
Dated: March 16, 1999
Recorded: March 22, 1999
Instrument No.: 99027298
RA—: A!, r:+.. r+,.....,,a nd,.,.0— n--4, nn,... 00 On 0 o,.,.,. oon ,.a Ann
Project Name: Meridian Rd., Cherry Ln. to Ustick Rd.
Project No: 516027.001
Name: City of Meridian
R/W Parcel No: 25 & 28
T3N, R1 E, Sec 06
APN: 82904320620 & R2904320010
Exhibit B to Warranty Deed (continued)
Parcel 25 continued Order No: 585167
17. Master Pathway Agreements upon the terms, provisions and consequences arising therefrom.
Between: Nampa Meridian Irrigation District, the City of Meridian, the City of Boise and the County of Ada
County
Instrument Nos.: 100102999, 101002090, 101002091, 101009649, 101013585
Affects: Jackson Drain
18. Right, title and interest of the party herein named.
Disclosed by: Quitclaim Deed executed by the United States Department of the Interior Bureau of
Reclamation
Party: Nampa Meridian Irrigation District
Recorded: July 18, 2001
Instrument No.: 101071951
Affects: Jackson Drain
Parcel 28:
Order No: 585005
8. Sewer charges and special assessments, if any, for the City of Meridian.
Email: assessment@ meridiancity.org
Ph: (208) 888-4433
9. Liens and assessments of the following district and the rights and powers thereof as provided by law.
District: Nampa & Meridian Irrigation District
Ph: (208) 466-7861
10. Right-of-way, interest and easements which may exist for the herein named drain.
Drain: Jackson Drain
Affects: Lot 1 in Block 1 and Lot 1 in Block 13
11. Covenants, conditions, restrictions and easements as set forth on the plat.
Name of Plat: Fothergill Pointe Subdivision No.1
Book/Page: 65/6639-6641
12. Covenants, Conditions, Restrictions, Reservations, and Easements
Dated: May 16, 1994
Executed by: John R. Ewing and Sara L. Ewing
Recorded: May 17,1994
Instrument No.: 94045996
Deleting or omitting any covenant, condition or restriction indicating a preference, limitation or
discrimination based on race, color, religion, sex, handicap, familial status, or national origin to the extent
such covenants, conditions or restrictions violate 42 USC 3604(c).
Meridian Citv Council Meetino Aaenda Mav 22. 2018 — Paae 340 of 400
INTERAGENCY GOVERNMENTAL AGREEMENT
FOR WAIVER OF COSTS AND FEES
THIS INTERAGENCY GOVERNMENTAL AGREEMENT FOR WAIVER OF COSTS
AND FEES ("Agreement") is made and entered into this 91h day of June, 2010, by and between
the Ada County Highway District, a body politic and corporate of the State of Idaho ("ACHD")
and the City of Meridian, an Idaho municipal corporation ("City").
RECITALS
A. ACHD is a single county -wide highway district, a public entity, organized and
existing pursuant to Idaho Code Title 40, Chapter 14, as amended and supplemented, with the
exclusive jurisdiction, and authority to maintain, improve, regulate, and operate public rights-of-
way in Ada County.
B. City is a public entity organized and operating pursuant to Idaho Code Title 50, as
amended and supplemented. City is a municipal corporation with jurisdiction, authority and
police power to regulate and control municipal activities within the City.
C. Idaho Code § 67-2332 provides that one or more public agencies may contract
with any one or more other public agencies to perform any governmental service, activity, or
undertaking which each public agency entering into the contract is authorized by law to perform,
provided that such contract is authorized by the governing body of each party and that , such
contract shall set forth fully the purposes, powers, rights, objectives and responsibilities of the
contracting parties.
D. ACHD and City are both "taxing districts," as defined by Idaho Code § 63-201.
E. Pursuant to Idaho Code § 67-8203(7) of the Idaho Development Impact Fee Act, a
taxing district must pay an impact fee for a development that is for an activity within the taxing
district's public responsibility if ACHD's impact fee ordinance expressly includes taxing
districts as being subject to paying development impact fees.
F. ACHD's Impact Fee Ordinance No. 208, as amended from time to time, (the
"Ordinance") Section 7304.2 expressly states that taxing districts are obligated to' pay
development impact fees, unless ACHD and the taxing district enter into a written agreement
that provides otherwise.
G. The parties have determined that it is against public policy for two taxing districts
comprised of some or all of the same taxpayers to tax one another. The parties have further
determined it to be in the public's best interest to provide that neither party shall charge the other
any fees or other amounts that would otherwise be funded by taxpayer funds.
INTERAGENCY GOVERNMENTAL AGREEMENT FOR WAIVER OF COSTS AND FEES - 1
0
H. In consideration of the above, the purpose of this Agreement is to set forth in
writing the parties' agreement that neither party shall be obligated to provide any fees or charges
to the other during the term of this Agreement as further set forth below.
AGREEMENT
NOW, THEREFORE, in consideration of the mutual covenants and agreements herein
contained, the parties do mutually undertake, promise, and agree as follows:
SECTION 1.
PURPOSES AND POWERS/INCORPORATION OF RECITALS
In accordance with Idaho Code § 67-2332, the purposes, powers, rights, and objectives of
each of the parties are as set forth in the Recitals above. Each of the Recitals above are
incorporated into the body of this Agreement.
SECTION 2.
NO PAYMENT OF FEES
During the Term (defined below) of this Agreement, neither party shall be obligated to
. pay to the other any fees, impact fees, charges, or any other types of expenditures (each of the
foregoing defined herein as a "Fee") for any services, activities, unimproved rights-of-way, other
unimproved real property, regardless of the provision and/or transfer to the other of such
services, activities, rights-of-way, or other real property, except as otherwise agreed in writing
and signed by both parties.
SECTION 3.
EFFECTIVE DATE/TERM AND TERMINATION
3.1 Effective Date. This Agreement shall become effective upon the date upon which
both parties' governing boards have authorized it (the "Effective Date") pursuant to Idaho Code
§ 67-2332.
3.2 Term and Termination. The term of this Agreement shall be ten (10) years (the
"Term") after the Effective Date unless it is terminated earlier as follows: Either party may
terminate this Agreement upon sixty (60) days' written notice to the other, provided, however,
that any Fees that would have been due and payable by the terminating party eighteen (18)
months prior to the date of termination that were not owed due to the existence of this
Agreement shall become immediately due and payable and paid on the date of termination of this
Agreement. Subject to the foregoing, upon termination of this Agreement, neither party shall
have further recourse hereunder except with respect to the payment of Fees as set forth in this
Section 3.2
• SECTION 4.
INTERAGENCY GOVERNMENTAL AGREEMENT FOR WAIVER OF COSTS AND FEES - 2
•
GENERAL PROVISIONS
4.1 Constitutional Debt Limitation. Nothing in this Agreement shall be construed to
be an indebtedness or liability in violation of Article VIII, Section 3 of the Idaho Constitution.
4.2 Attorney Fees. In the event of any controversy, claim, suit, proceeding or action
being filed or instituted between the parties to enforce the terms and conditions of this
Agreement, or arising from the breach of any provision hereof, the prevailing party will be
entitled to receive from the other Party all costs, damages, and expenses, including reasonable
attorneys' fees including fees on appeal, incurred by the prevailing party. The prevailing party
will be that party who was awarded judgment as a result of trial or arbitration.
4.3 Choice of Law. The validity, meaning, and effect of this Agreement shall be
determined in accordance with the laws of the State of Idaho.
4.4 Entire Agreement. This Agreement and the exhibits hereto constitute the full and
entire understanding and agreement between the parties with regard to the transaction
contemplated herein, and no party shall be liable or bound to the other in any manner by any
representations, warranties, covenants and agreements except as specifically set forth herein.
4.5 Binding Agreement. The promises, covenants, conditions, and agreements herein
contained shall be binding on each of the parties hereto and on all parties and all persons
claiming under them or any of them; and the rights and obligations hereof shall inure to the
benefit of each of the parties hereto and their respective successors and assigns.
4.6 Severability. If any part of this Agreement is held to be illegal or unenforceable
by a court of competent jurisdiction, the remainder of this Agreement shall be given effect to the
fullest extent reasonably possible.
4.7 Waiver, Acknowledgments and Modifications. The failure of a party to insist on
the strict performance of any provision of this Agreement or to exercise any right or remedy
upon a breach hereof shall not constitute a waiver of any provision of this Agreement or limit
such party's right to enforce any provision or exercise any right. No acknowledgments required
hereunder, and no modification or waiver of any provision of this Agreement or consent to
departure therefrom, shall be effective unless in writing and signed by ACHD and City.
4.8 Headings. The headings used in this Agreement are used for convenience only
and are not to be considered in construing or interpreting this Agreement.
4.9 Counterparts. This Agreement may be executed in two or more counterparts,
each of which shall be deemed an original, but both of which together shall constitute one and
the same.
4.10 Limitations on Liability. The parties hereto agree that nothing herein contained
shall be construed to create a joint venture, partnership, or other similar relationship which might
INTERAGENCY GOVERNMENTAL AGREEMENT FOR WAIVER OF COSTS AND FEES - 3
•
0
0
subject any party to liability for the debts and/or obligations of the others, except as otherwise
expressly agreed in this Agreement.
4.11 Time is of the Essence. Time shall be of the essence for all events and obligations
to be performed under this Agreement
INTERAGENCY GOVERNMENTAL AGREEMENT FOR WAIVER OF COSTS AND FEES - 4
•
IN WITNESS WHEREOF, the parties hereto have executed this Agreement the day and
year first above written.
City:
CITY OF
By:
Its: Mayor
ATTEST:
by:
Its: Deputy City Clerk
0 ACHD:
ADA COUNTY HIGHWAY DISTRICT
By:e r
Its: P, -.t c, -r F-� a a rc� e
C.or%-%rr.tSs4onerS
SBP FINAL.DOC
INTERAGENCY GOVERNMENTAL AGREEMENT FOR WAIVER OF COSTS AND FEES - 5
4.10 Limitations on Liability. The parties hereto agree that nothing herein contained
shall be construed to create a joint venture, partnership, or other similar relationship which might
subject any party to liability for the debts and/or obligations of the others, except as otherwise
expressly agreed in this Agreement.
4.11 Time is of the Essence. Time shall be of the essence for all events and obligations
to be performed under this Agreement.
IN WITNESS WHEREOF, the parties hereto have executed this Agreement the
day and year first above written.
CITY OF MERIDIAN
```ayo
ATTEST: �`y pF ME/�-,,,ry�
/✓tI'-cil c� '�Ltr-of-.--�1 y���, .,. ,
J
Jaycee lman, City Clerk
ZZ
''; '� sr iso • .�, ,.`'
COUNT�pP��•`� ADA COUNTY HIGHWAY DISTRICT
Y • ��..
ATTEST: William J. Schweitzer, Director
Susan Slaughter, Secretary
INTERAGENCY GOVERNMENTAL AGREEMENT FOR WAIVER OF COSTS AND FEES - 4
• RESOLUTION NO 945
BY THE ADA COUNTY HIGHWAY DISTRICT BOARD OF COMMISSIONERS:
SHERRY R. HUBER, REBECCA W. ARNOLD, JOHN S. FRANDEN, CAROL A.
MCKEE, AND SARA M. BAKER.
•A Y- A -RESOLUTION APPROVING THE INTERAGENCY GOVERNMENTAL.-- -,--- --.:.a.,As. —
AGREEMENT FOR WAIVER OF FEES AND COST BETWEEN THE ADA
COUNTY HIGHWAY DISTRICT AND THE CITY OF MERIDIAN.
THE UNDERSIGNED, being the Commissioners of the Ada County Highway
District hereby consent to and authorize in lieu of meeting the following Preamble
and Resolution:
PREAMBLES
WHEREAS, Idaho Code § 67-2332 provides that one or more public
agencies may contract with any one or more other public agencies to perform
any governmental service, activity, or undertaking which each public agency
entering into the contract is authorized by law to perform, provided that such
contract is authorized by the governing body of each party and that such contract
shall set forth fully the purposes, powers, rights, objectives and responsibilities of
the contracting parties.
WHEREAS, ACHD and City are both "taxing districts," as defined by
Idaho Code § 63-201
WHEREAS Pursuant to Idaho Code § 67-8203(7) of the Idaho
Development Impact Fee Act, a taxing district must pay an impact fee for a
development that is for an activity within the taxing district's public responsibility if
ACHD's impact fee ordinance expressly includes taxing districts as being subject
to paying development impact fees.
WHEREAS, ACHD's Impact Fee Ordinance No. 208, as amended from
time to time (the "Ordinance") Section 7304.2 expressly states that taxing
districts are obligated to pay development impact fees, unless ACHD and the
taxing district enter into a written agreement that provides otherwise.
WHEREAS, ACHD and the City have determined that it is against public
policy for two taxing districts comprised of some or all of the same taxpayers to
tax one another. ACHD and the City have further determined it to be in the
public's best interest to provide that neither party shall charge the other any fees
or other amounts that would otherwise be funded by taxpayer funds.
WHEREAS, the principal term and condition of the attached Interagency
Governmental Agreement for Waiver of Cost and Fees is to provide that neither
party shall be obligated to provide any fees or charges to the other during the
term of the Agreement;
Resolution No. 945 — Page 1
(6/3/10)
WHEREAS, ACHD and the City agree on the details of the attached
Interagency Governmental Agreement for Waiver of Cost and Fees and there is
a consensus that the terms and conditions of the Agreement are in the best
interest of each agency; and
WHEREAS, the Commission, upon full review and consideration of the
foregoing, finds that the Interagency Governmental Agreement for Waiver of Cost
and Fees is in the best interest of the public; and
RESOLUTIONS
NOW, THEREFORE, IT IS HEREBY RESOLVED by the Commissioners,
as follows.-
1.
ollows:
1. the attached Interagency Governmental Agreement for Waiver of Cost
and Fees is in the best interest of the public;
2. the attached Interagency Governmental Agreement for Waiver of Cost
and Fees is hereby confirmed and approved;
3. the President is authorized and directed to execute and/or deliver the
attached Interagency Governmental Agreement for Waiver of Cost and
® Fees in substantially the form presented at the meeting and any
related documents necessary to consummate the contemplated
transaction.
IN WITNESS WHEREOF, the parties executed these Preambles and
Resolutions which are in full force and effect. These Preambles and Resolutions
may be executed by facsimile and/or in multiple counterparts which taken
together will constitute this document in its entirety.
ADOPTED this 91" day of June, 2010
BOARD OF HIGHWAY DISTRICT COMMISSIONERS OF ADA COUNTY,
IDAHO:
herr Huber, President
John anden, Commissioner
M�
(SaraM. Baker, Commissioner
Resolution No. 945 — Page 2
(613/10)
'Rebecca W. Arnold, Vice President
Carol A. McKee, Commissioner
WHEREAS, the principal term and condition of the attached Interagency Governmental
Agreement for Waiver of Cost and Fees is to provide that neither party shall be obligated to
provide any fees or charges to the other during the term of the Agreement;
WHEREAS, the City and ACHD agree on the details of the attached Interagency
Governmental Agreement for Waiver of Cost and Fees and there is a consensus that the terms
and conditions of the Agreement are in the best interest of each agency; and
WHEREAS, the Meridian City Council, upon full review and consideration of the
foregoing, finds that the Interagency Governmental Agreement for Waiver of Cost and Fees is in
the best interest of the public; and
NOW THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY
COUNCIL OF THE CITY OF MERIDIAN, IDAHO:
Section 1. The City Council of the City of Meridian hereby adopts the Interagency
Governmental Agreement for Waiver of Cost and Fees attached as Exhibit "A."
Section 2. The Mayor is authorized and directed to execute and/or deliver the attached
Interagency Governmental Agreement for Waiver of Cost and Fees in substantially the form
presented at the meeting and any related documents necessary to consummate the contemplated
transaction.
ADOPTED by the City Council of the City of Meridian, Idaho, this Z day of
r.,e. , 2010.
APPROVED by the Mayor of the City of Meridian, Idaho, this ZZ day of
2010.
APPROVED:
d
ATTEST: `�,�� 4 -ol �2c�,-►.-Ga, QC�'�°''��
Y
Jayce Holman, City Clem SNAL
9 53
RESOLUTION ADOPTING INTERAGENCY GOVE�1�►L�A'GMENT FOR WAIVER OF COSTS AND FEES -
PAGE 2 of 2 /11111111 11111
Project lame: Meridian Rd., Cherry Ln. to Ustick Rd,
Project €1C: 516027,001 ADA COUNTY RECORDER Christopher D. Rich 2018.053836
Nafm- City of Meridian BOISE IDAHO Pgs=9 VICTORIA BAILEY 06/12/2018 11:57 AM
RM Parcel No: 25 & 28 ADA COUNTY HIGHWAY DISTRICT NO FEE
T3N, R1 E, SK W
APN: 82904320620 & R2904320010
WARRANTY DEED
(Re,wrved for Atha County Re(x der)
THIS INDENTURE, made thls ,� .....day of ....?t ...... CITY OF MERIDIAN,
an Naha municipal corporation, "GRANTOR", and A0 OUNTY HIGHWAY DISTRICT, a body
politic and corporate of the State of Idaho, the "GRANTEE";
WITNESSETH:
FOR VALDE RECEIVED, the GRANTOR has granted, conveyed, bargained and sold, and does
hereby grant, bargain, sell, convey and confirm to the GRANTEE and Its successors and assigns forever,
that certain real property situated in the COUNTY OF ADA, STATE OF IDAHO, more particularly described
on Exhibit "A" attached hereto and by this reference mage a part hereof,
TOGETHER with all and singular the buildings, structures, improvements and fixtures thereto, the
tenements, tiered itaments and appurtenances thereunto belonging or in anywise appertaining, the
reversion and reversions, remainder and remainders, and rents, issues and profits thereof (the 'Premises").
SUBJECT TO those exceptions to title to which this conveyance is expressly made subject, and
those made, suffered or done by the GRANTEE; (a) the GRANTOR covenants to the GRANTEE, its
successors and assigns, that the GRANTEE shall enjoy the quiet and peaceful possession of the Premises;
and (b) GRANTOR warrants to the GRANTEE, its successors and assigns, that GRANTOR is the owner of
said Premises in Fee simple and has the right and authority to convey the same to GRANTEE, and
GRANTOR will defend the GRANTEE's title from all lawful claims whatsoever.
The current address of the GRANTEE is:
Ada County Highway District
3775 Adams Street
Garden, Idaho 83714-699
The Ada County Highway Ditbic€ (ACHD) is wnirn - d to comp,Ioncc witi; Trtta Vl cf thv CN'il Rights Act of 99,,,4 srd Haut re julaV;am and
direciive-s. A;1H.) 358(EFa8 fast ak) parson shall on the orourrds of mw, color, national origin, gender, disablEq or ago, be excluded from participation In, be
daated Via ber0ts r, f, or be otherwise subjected to discdm nation iar,cler a n v ACHD service, program or ectivirY.
WD - Pagr 1 of 2
Version: 5/2:'!08
�yraF•a;: �3�rr;e: �flerit�#�r} Ff:f.. tier �.t}. tU }.J::f#::�c F?c#.
P(ro ev. NO, 536727.0011
Nwje. City of rz ordii}1
RM Parcel
(# o; 25 & 28
1733', FINE-,Lise ilii
AP N: i•f?` 002,X20 u .9204200-10
1N WITNESS lei HER OW, the GRANTOR has iaused thi3a nstKirnent to be subscAbed
this !� . day of M
APR;:iDi, H'1t
ST
Ki #•M 0" IDAHO
County of Ada ;
...............:::.3} .......
V
,•�K• £ by itr Cam.. .....,..�s.'�..... ".��'., ` eG,:::.. i;,,•..w.r ,..
:EI„. iiy tfolw CITY CLERK
E.
On 1his day csl... , .............. .� before me a No ary Publio in ar:d for
said} 8.3tate, personally appearbd Tam' -r3 R Woord and C. Jay ('alar, lwnowri. to me to be ting Mayor and
iwfk, or fhe Pity of Meridian, the #:3unlripal corporation that executc-:.Q., and at;asied the x 0iiri imstrumeat,
and uknowled»ad to nie. that they excoWecl the swrr:a
1N WI i NESS'•r�1HERi'�O , I nave hersunto set ny hand and Ffted dry official seal the day an
Year first above wr t n.
f:2
' ..,,.`•,
Notary Publicf ho
Residing ai. 4JVJ __ .. Idaho
t My Nwai)t Commission "Expire'. A• V 1 ��:414 21
o
My Notary Sond Expires.
`d�........ ........ 2 0
IN Ada i+m r -v }ilr tyray Di.S ! 1"A"Wit k: �^>4ttr ;fta; :o SxKtt >itii r.�> With Tim u: kv t::e C*.. ri''��:a skz of s
iiirp.:,}i443, :tTi:.}?}@5?�YdtES?t'R t o r ui a -f ti '�� }u`:$.'i'•�ifte,f}3f."J9 are
rfF-`}'f.'6vC $}R;}i'..�ry`Zi„ti'.t•Tr�3fii:,`}�?it,^3�`Jiti�}Cff�EI;E.<�fP�`.'d',v'�`�&.�Si}43siy�Ff,}tci)Ott;•�.`.:�?fLh'tifl3t#T<jrtT}%f8l}tF,}iE1
Wi-.`isttwseift CIT. Oti�,`gut,.Fi'!,1.}Jv��'.�.:t24i13}ititl;Cit13:8tS}t1C;}'��S82>;'�2f.,.^•tUF28ii`,�`.'.4•:Dti�}`;.
WD - Flags d of 2
Ada Courity l:tighw y Distnet
Prgjec:t leo, 516027
Meridiaaa Road. ••- {:.'.perry lane to Gstick Road
-Pareel 25
Right -of -Way R.equiremerat Description
A parcel located in Government Lot 5 of Sec€ion. 6, Township .3 North, Range 1 last, Boise
Meridian, and. tieing a part of -Lot 1 of Block 13 of .ia THE:RGILL.F POINTE S[IB.�:�a,�'V1MOM Nig. 1
as shown in Book 65 of Plats at Page 6639 in the oftfic:e of the Recorder, Ada fount,:, Who
rnore particularly described as follows:
Commencing at a 5!g inch dia-meter iron pica marking the: southwesterly corner of said
Government Lot 5, from which a brass cap mantunent mad king tlxe• north-westerly comer of said
Section p hears N 09-112" E a distance of Z658.34 feet,
Thence N £1017'17" 1: along the westerly boundary of sa.irl Governj.nerft Lot 5 tfis€aixce of
365.36 feet to a point,
The;rsce leaving said. 'westerly boundary S 89"42'48" E a dista:rce of 40.00 feet to the
southwesterly c.ornc; of said Lot I :said point also being on the easterly right-of-way of Meridian
Road and the POIN' 1' €3F BEGI NITN ;
Thence N 0° 1 TI 2" P along said easterly €ii7ht-ot'-w y a distaaaee of 28.51 fees€ to a. point,
Thence leaving said easterly right -of wa.y a distance of 47,04 feet along the are of a 30.00 Foot
tG dims curve right, said curve having a central angle of 89°5014-l" and :a long chord bearing
N 45'12'33" E a distaance of 42.317 feet to a point on (lie :aceta€`:'aerly right-of-way of Woodbury
Drive;
Thea:ice S 89152'06" E along said southerly right-of-way as distance of £.87 feet to a point,
Theme leaving said southerly right-of-way S 219`47'49" W a distance of € 8.59 feet. to as poiiat on
the southwesterly boundaan, of said Lot. 1;
Thence hl 68024132" W along said soutlawesterly bmindary a. distmice of 3.22 feet to the POINT
OF f EGININ 17a G,
Tlxis parcel contains 992 square feat (0.0.23 Peres) and is subject to any eaasezrfeaFts existing or Fi3
Use,
Prepared by: Glenn K. Bennett, PLS
civil -Survey Consultants, Incorporated
September 13, 2€ 16
SKETCH
TO
IN
ACCOMPANY DESCRIPTION FOR tD LOCsk)"ED
GOVERNMENT LOT 5 OF SECTION 6.,
TOWNSHIP
3 NORTIH, RANGE 1
ADA COUN":),
EAST, BOISE
IDAHO
MERIDIAN,
4
LINIk",
I -------.................................................. ...... - - ---------- .......... - ................
WOODBURY DRIVE
itet ka
z
t5
?.V-
A,
tv
A($1
01"
,e
LA
' OR
50 k. 2
SCALE; l'-20'
ROAD
1) 1 113, Dk \,I C E
B
R k V E'
J, D A A
F L--: 54\7 T " " 7 z7m) -i �,,,JUT (5 TK3—R -1, T —T�5 i �9� 'Di -3Ri-Fq
1\511\1 If L a I
Q A,',,""\\ 11111t, 1111111 1
Adla Cov--.Ay Ehghrway District.
516027
1 ?e..6diao Road Cherry i._ ?'.F;:• to Ustick Rokad
-Paqn-el 8-
Rug"W"(AC-Way Descrlptikm
7 A parf.-,el locakcal hr, Un 5 of 6, Township 3 Mxnh, Range 1 Ei*ast
.'A%, cridiami, and lbeing a paA of Loti oiok I ofY fv'
as shov-,Pi,� in Book 65- of Plats ,.tPtqp 6639 int flue officc uf fim Recordtr,gN.da C ji ah(
ic.1
more, pwlicularly &�-sofibcA as f(Alows-,
Garnmerwing J$18 ind-1 diamet-er iron pi
, ul nmnldn�g.. tbm� soutbwesterly con-wr of laid
(30'vernmcmi [,Ot 5, lkm--k wilhich a brsss' C.,ip rnonmnlent imerk-iiag, thf, north-swestuly coryler ofndd
Section -i 6 fna.N, N 0's .x=1.2i E a distznr;e Of 2658,34 few t,
Thei,c-st N1 E, akmg (1-w weu.efly bomndar.yr of said GOVOMn-te.nl Lot S a dis;truw* fjJf
577.49 11�ez to a point;
'flhenice. le ing said y bvundary S W'151013-, r. dist of �Jfji.00 f"
noT4,hwcs,c;.,-',y conl0t Of SRid Lot I and fine OF BEGINN flINK)
8 SSPS(Y .1 3" IS allong 11o.'rific.".1y bowndury sf.iid Lot I it distance, al, 8.00
1C1M., o a point;
'I"hem-e lcaving said ncrrtluully bou-ndary S 0"'P 121' W �- d1i.stance cil65,5 7 f�e to a p�oi,
Tberxx, S 2-4'55'56'distanw--: of 29.4..1 f -M to a poira. onc c cwt f of
'%To,^dbw-.ty Drive;
Fhem!�e a;Ong S?-.dd norumerly ff�?et along the arc, ofa "10.00 -roxi"
rse'W"• curviu righi, said curvo having anaf."'i"z poi:-Atstsring \>s*39'54"a ceyma.l
wgit Of 719"PI• V and n. Ion, chordi beenwg N '35'31, '27" W a rxb,�.,tarwt- of .235-1 1 "ce" to a poiwt
om flhe ca"nerly of Road;
Themci� N IT' EZ a -long saie �nwterl, rigin-o-f-way a diManve Of 63.7-1 foct ba ffiv. KMIN'T OF
BEGINNTNO,
T -n -is Apa ucd corktains 748 >£ 'F`:.€ Jfbct (U17 aerkes) and Xs SIAI�Ject to any ��asinrena-- ex!,-,kingir in
UIS10.
P.-rapared by: Glenn K. Bennett, PLS
Civil Survey Consultants,
Septen- ber 23, 2016
Ada County Highway Disti•ir t
l'rqject No, 51602?
Meridian Road. •-- Cherry Lame to Usticic Road
Parcel 28
Remnant Parcel Description
A parcel located in Goverment Lot 5 of Soc.tion 6, Township a North, Range I Easl' Boise
Meridian, and being a mart o£Lott of Block- I ofTf07'1Y* ?RG1LL POLWE SURDWISJOAT Mo. i
as shovm in Book 65 of flats at Page € 639 in the office cif the, Recoryler, Ada Cc;? nq, Idaho
more particularly described as follows:
€:.:orr?arrericing at it 5,8 inch diameter iron pin marking the southwesterly router of said
Ga Nxxtimexit Lot. 5, from-.Nhich a brass cap rnonumont #x?>_trking the northwesterly comer of said
Sectaon £i bears N O"l 7'l2`' E a. distaatce of 2658.34 feet;
Thence N 0"1712" E along t1?e westerly boutidaary of said (.3overnmert Lot 5 a distance of
577.49 feet to a point;
Ther?ce leaving said westerly boundary S 89'50' 13" E a distance of 48,00 feet to a point on the
northerly boundary of said Lot 1. and the l'f.31•NT OF BEGINNING;
Tbeme continuing S 89'D501 3" l:?. along s id northerly boun.c dry a distance of 21.83 feet to the
northeas€erly comer of said Lot 1;
Thence 8 0'07'53" W along the easterly boundary of said Lot t a distance of 93.77 feet to the
southem,terly corner of said 'Lot 1;
Thence along the ac?utherly l oulidary of said Lot I a distant?ce. of 9.11 0 feet 'along ffic are of a 30.00
foot radius non -tangent carve right, said cum having a m0ius point be#trin' N 090753" E, a
central angle of 18'32'000' and a. long chord bearffig N 80'36'07" tit a distance of 9.66 feet to a
pc�irit;
Thence N 24°55`56" W a distar?cc; of 29.43 feat to a point;
Thence N 0"17'12" E along said. easterly right-of-way a distance of 65.571 feet to the POINTOF
BEGINNING.
Thi parcel contains 1861 start:re feet (0.043 acres) and is subject to any easements existing or in
u;e.
'Prepared by: Glenn K, Bemett, PLS
Civil 81,F)MY C olistaltaants, Incorporated
' �' ���... k �~� •;:��::.,.
September 23, 24310`',_..
Q�
C,- - -
.,�KEFCH TO
ACCOMPANY DESCRIPTION FOR ACHD LOCATED
IN
GOVERNMENT LOT 5
OF SECTION 6
TOWNSI-111?
3 NORTH,
RANGE 1
EAST,
BOISE MERIDIANa.,
ADA
COUN11-Y',
IDAHO
3�1
I
A n'y's
(2
20
13-11HINNOI.T.
CIVIL SURVI-N CONSUIJANI'S. INC.
S;VSXASMN
DINT OF
MERIDIAN, IDAHO 83842
5082
ii Ecz mf K, I im o
A n'y's
20
13-11HINNOI.T.
CIVIL SURVI-N CONSUIJANI'S. INC.
S;VSXASMN
DINT OF
MERIDIAN, IDAHO 83842
ii Ecz mf K, I im o
(2
1. POINTE:
MINIS& 1.40. -,
WOODBURY DRIVE
C'UIRIK. - [D AI
R
CIVIL SURVI-N CONSUIJANI'S. INC.
203 SiDMIl ME-ROW4 ROAD
MERIDIAN, IDAHO 83842
(208)8884312
WOODBURY DRIVE
C'UIRIK. - [D AI
R
Project Name: Meridian Fid., Cherry €_n. to Ustir k Rd.
Project No: 616027.001
Narne: city of Meridian
Rlw Parcel No: 26 & 26
UN, R1 E, Sec 06
APN: 82004320620 & R2904320010
Exhibit B to Warrant Deed
Parcel 25:
Order No: 585167
10, Any question that may arise due to shifting or change in the course of the ditch or canal herein named,
or due to said ditch or canal having changed its course.
Name of Ditch or Canal: Jackson Drain
11. Right-of-way, interest and easements which may exist for the herein named drain.
Drain: Jackson brain
Affects: Lot i in Block 1 and Lot 1 in Block 13
12. Covenants, conditions, restrictions and easements as set forth on the plat,
Name of flat: Fothergill Pointe Subdivision No.1
BookiPage: 6516639-6541
13. Covenants, Conditions, Restrictions, Preservations, and Basements
Dated: May 16, 1991
Executed by: John R. Ewing and Sara L. Ewing
Recorded: May 17, 1994
Instrument No.: 94045996
Deleting or ornitting any covenant, condition or restriction indicating a preference, limitation or
discrimination based on race, color, religion, sex, handicap, familial status, or national origin to the extent
such covenants, conditions or restrictions violate 42 USC 3694(c),
14. Construction Contract for Urban Irrigation System in Fothergill Pointe Subdivision executed by and
between the parties herein named upon the terms, conditions and provisions therein provided.
Between: Nampa & Meridian Irrigation District John R, Ewing and Sara L, Ewing, owners
Dated: May 16, 1995
Recorded: May 17, 1995
Instrument No.: 95633524
This contract is intended for the benefit of those lots in Fothergill Pointe Sub No. 1 and 2,
EXCEPT Lots 1 and 2 of Block 1 Lots 1 and 2 of Block 2 Lots 1 and 2 of Black 3 Lots 1 thru 4 of Black 4
Lots 1 thru 12 of Block 13
16. License Agreement upon the terms, conditions and previsions contained therein:
Between: Nampa & Mendian Irrigation District and The City of Meridian
Dated: March 16, 1999
Recorded: March 22,1999
Instrument No.: 99027298
ProjefA N.arl e: IMM dian }ied., Cherry Un. to UsR* Rd.
F'rv*A No: 616027 .00-1
Name: Cily d Meridian
RAN Parcel No: 25 & 28
3N, =R-1 E,Y��g3�:
�iS=r�=ON3 00 ct R29,04,320010
k:xtaltaa, .Iii to �a' arricai ty IlDe ^ ;i:ordi€awd?
z: ru 12 £:onfl€►sued O€de Nod 1851£
17. M 'raster Pathway >iigt'i"•:. rnte€ is Upon the t+x rms, proVi i€s. ns and co sioq i i i •-i"fit; � •z`=' wn.
€ 1trZ �€�.i€.:: c;•3. €€{ ti�i\.r'�•ai . i
Between; Nzirnpa Meridian Irrigation District, the City of Meridian, the Cliy o= and the (mac?€,rity ojAda
Counly
Instrument Nos.:1001029919,101010-2090 101002091, 101009(3419 1.31013686
Affects,: ja kso€a Dt' arr'a
1 L�. r�3hC3 i, �.€ :ve and €ni nes ofthe party heti-,,in named.
Disclosed e, _ Quitclaim
r "fid executed � States
2 r \ ♦r \ � P th ♦ i :
r;�oio,:�? tay: ��€a:t�l;r�€i1� :.r..�'� xaY 1tt�? tJ€i!?:�.Ll int` £..;i r.; �?'..i i'aE.E•�. E)= tits:Interior t��`l€i i
tit e:; : tr �?ati or
Reclamation
Party. Nampa Mivi' did, €? Irrigation :. 1st ict
Recorded: july '138, 2001
Instrument rpt No.. 101071951
Afc k11
kxCie: JaC11a€3€3 l.irain
P'aroel 28"
Order No; 585005
`r, \�f i`!3�`.i charges and �,?,�.€car �issei:�t•isE�i$S, if any, for the City of Meridian,
Email:
,. r.
Ph, (208) 888-��:$33
9. L.9i"ns and atiieais rrAs of the tc„iuwi€ g district and the :rights and r e s thereof :a�: �a€"C?er€ia`ed by law,
t:. 4 i.t ta%�'ki..€.. i.at., rr
District-. Nampa & M -a ilia €= lr icati ars District
Ph: (20 8) 466..7861
10: Rid ht—ot-vvay, i€ teretA and easements meats k=<r[kh may xist for the hertain €?:a€nkmd drain.
Drnin: jackson Drair.
Affe,1r€1111: Lot in B1ook 1 and Lot 1 in l::loo k 3
.11. coveriants, Cunditions, restrictions and av i , fes'..^ set _o€ir on the ,: ..
Name of Plat: Fothergill Pointe Subdivision leo. '€
Blook/Page: 6516639-664H
12, Coi{enarits, Conditions, t`Restrie loos, Re,,,, ry tions, carica Easements
Dai( -A: May 16, 199A
Executed by, John R.::: ruing and Sara, L. Ewing
Recorded: May 17, 199-1
Instrl1€? ecit No.: 91404i?`e99
or it r y covertant.. ;e ttictio€? indl" ' �? \'t'ren"'\ limitation `�
Deleting . c?rtt �3.i,�c ;sir coi.. �..tt, gar' .. :.t�trr?�} .r , t.3.:- , i'..11ic.ri t.:
discArnir?ation brise on ram-" :calor, M, ligion, Sia , handicap, b milial stat11€s, of inational origiin to the extent
such
covenants: conditions \r €a tuctr.is t€olato 42 S304(c).
Project Name: Meridian Rd., Cherry Ln. to Ustick Rd.
Project No: 516027.001
Name: City of Meridian
RMI Parcel No: 25 & 28
T3N, RI E, Sec 06
APN: 82904320620
TEMPORARY CONSTRUCTION EASEMENT
THIS INDENTURE, made this Z2— day of , 20L6, CITY OF MERIDIAN, an
Idaho municipal corporation, hereinafter "GRANTOR", and ADA OUNTY HIGHWAY DISTRICT, a body politic
and corporate of the State of Idaho, hereinafter "ACHD";
WITNESSETH:
FOR VALUE RECEIVED, and for the term and uses and on the terms and conditions hereinafter set forth,
GRANTOR does hereby grant to ACHD an easement (the "Easement") under, over, through and across that certain
real property owned by GRANTOR situated in the COUNTY OF ADA, STATE OF IDAHO more particularly
described on Exhibit "A" attached hereto and by this reference made a part hereof (the "Servient Estate").
This grant is made on the following terms:
1. Authorized Uses By ACHD. ACHD's use of the Easement granted herein shall be in connection
with the construction and improvement of a highway on adjoining and abutting property owned by ACHD
municipally known as Meridian Road and Woodbury Drive, (the "Dominant Estate"), for access and egress for
equipment and vehicles, for construction, excavation, storage of earth and other materials thereon, for surveying,
and for all other reasonable uses that are necessary, advisable or convenient to ACHD in connection with such
highway construction and improvement project, and for ingress and egress to and from the Dominant Estate.
2. Use by Others Under ACHD. ACHD's right to so use the Servient Estate during the term of the
Easement shall extend to use by ACHD's Commissioners, employees, contractors and agents.
3. Term. This Easement shall be for a term commencing on the date of the GRANTOR's execution of
this Indenture and terminating on the completion of the highway construction and improvement project on the
Dominant Estate. On the expiration of the term of this Easement, the rights and privileges granted to ACHD
hereunder shall cease and terminate and this Easement shall be null and void and of no further force and effect.
4. Indemnification. ACHD hereby agrees to indemnify and hold GRANTOR harmless from and
against any and all claims for loss, injury, death and damage caused by or arising out of the use of the Servient
Estate by ACHD, its Commissioners, employees, contractors and agents, hereunder, and including, without
limitation, attorneys fees and costs that might be incurred by GRANTOR in defending any such claims.
5. Restoration on Expiration of Term. As provided on Exhibit "A" hereto, on the expiration of the term
of this Easement the Servient Estate shall be restored by ACHD, at its sole cost and expense, to at least as good a
condition as existing on the date of this Indenture.
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Project Name: Meridian Rd., Cherry Ln. to Ustick Rd.
Project No: 516027.001
Name: City of Meridian
R/W Parcel No: 25 & 28
T3N, R1 E, Sec 06
APN: R2904320620
6. Binding Effect. This Easement, and the covenants and agreements herein contained, shall, during
the entire term hereof, be binding upon and inure to the benefit of (i) ACHD AND GRANTOR, respectively, and their
successors and assigns, and (ii) their respective interests in the Dominant and Servient Estates.
7. Appurtenant. The Easement herein granted is appurtenant to the Dominant Estate.
TO HAVE AND TO HOLD this Easement unto the ACHD for the term hereinabove set forth.
GRANTOR covenants to ACHD that ACHD shall enjoy the quiet and peaceful possession of the Servient
Estate throughout the term hereof; and, GRANTOR warrants to the ACHD that GRANTOR is lawfully seized and
possessed of the Servient Estate and has the right and authority to grant this Easement to ACHD.
IN WITNESS WHEREOF, this Temporary Construction Easement has been duly executed by the parties,
the day, month and year herein first above written.
CITY OF MERIDIAN, an Idaho municipal corporation:
ED AUG
Tammy de W e
`tupur w
Mayor 044E I®IAN
-4 1®AN®
C ay Col °�yT SEAL ,Pw
City Clerk Q'the TReAs���
ADA C�NT��ApY DIS�RICT:
David Serdar
Right- -WjSuisorRenee JaySr. Right-ont
NO ACKNOWLEDGEMENT NEEDED. THIS EASEMENT IS NOT TO BE RECORDED
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