HomeMy WebLinkAboutTen Mile Approvement Warranty Deed and Temporary Construction Easement,CrDAV—
JUL 2 2 2019
CITY OF MERIDIAN
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July 18, 2019
City of Meridian
c/o Tammy de Weerd, Mayor
33 E. Broadway Ave.
Meridian, ID 83642
Re: ACHD Project No. 518001
Ten Mile Road — Ustick Road to McMillan Road
Parcel #:16,18
Subject Property Address 3401 N. ten Mile Rd., Meridian, ID
Dear Tammy:
Rebecca W. Arnold, President
Mary May, I" Vice -President
Sara M. Baker, 2"d Vice -President
Jim D. Hansen, Commissioner
Kent Goldthorpe, Commissioner
Enclosed is Ada County Highway District's check in the amount of $-0- which represents your portion of payment in
full for the reconstruction of the above mentioned road project. Please note this is a 90 day check and needs to be
cashed before the expiration date. Also enclosed are the following documents:
1. Copy of the recorded Warranty Deed
2. Copy of the Temporary Easement
3. Copy of the Comp. summary
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 • 3775 Adams Street • Garden City, ID • 83714 • PH 208 387-6100 • FX 345-7650 • www.achdidaho.org
Meridian City Council Meeting Agenda July 9, 2019 – Page 16 of 120
Meridian City Council Meeting Agenda July 9, 2019 – Page 31 of 120
Project Name: Ten Mile Road — Ustick Road to McMillan Road
Project No: 518001
Name: City of Meridian
R/W Parcel No: 16 & 18
T4N, R1W, Sec 34
APN: SO434417752, R4344440270
Property Representative Name_____,____—__
Seller Signature: _
Tammy bled, Mayor
Seller Signature:
w , C;lu Oarxc-
ACHD Signature: Date:
R nee Jayo, S , ig -Way Agent
ACHD Signature: d Date:
David Serdar, Right -of -Way Supervisor
Phone:
Date: ,_q_lq Phone: 888_yg33
Date: –1 _19-Iq Phone; z433
Page 2 of 2
Meridian City Council Meeting Agenda July 9, 2019 – Page 33 of 120
Meridian City Council Meeting Agenda July 9, 2019 – Page 34 of 120
Pro ect Name: Ten Mile Road - Ustick Read to PhKlian Road
Project Pio: 518001
Name,, CRY of Meridian ADA COUNTY RECORDER Phil McGrane 2019-063843
R1W Parcel No: 18 & 18 BOISE IDAHO Pgs=14 BONNIE OBERBILLIG 07/18/2019 01:09 PM
T4N, RM Sec 34 ADA COUNTY HIGHWAY DISTRICT NO FEE
APN: S0434417752; 84344440270
..................................................,...................,,.......................................,...................,.......,..,,��.,.m'Reserved for Ada County Recorder)
WARRANTY DEED
THIS INDENTURE, made this �.. `� day of k�,Ql _:..:..................: 2� ` � by and between, City of
Meridian, a municipal corporation, the 'GRANTOR", and AD;��OUd�TY 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 SUCC. ssors and assigns forever, that Certain real
property situated in the COUNTY OF ADA, STATE CE 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, hereditarnents and appurtenances thereunto belonging or in anywise appertaining, the reversion and
reversions, remainder and remainders, and recuts, issues and profits thereof (the "Premises").
SUBJECT TO those exceptions to title to Which this conveyance is expressly made .subject, more
particularly described on Exhibit.'13", and those made, suffered or done by the GRANTEE: (a) the GRANTOR
covenants to the GRANTEE, its successors and assigns, that tho GRANTEE shad 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 sante to
GRANTEE, and GRANTOR Will defend the GRANTEE's title from ail lawful claims Whatsoever.
The current address of the GRANTEE is:
Ada County Highway District
3?75 Adams Street
Carden City, Idaho 83714-6499
The Ada Cow)tr ? �,�Nway Dis#ric:i iA.�'17} is commiftad to corn.pfisnce w4h TiOe V1 of ht, GM: Rights Fac: of 19164 and re:aled ME Oultoon.s and dirp.fnra , , t fir.' 3r,;Ures
°,hat ;;n P£.-rson SYall on the grounds cf rax, color, pati -mal &giri, gender, dlsabi;it� or age-, b5 excluded firm x: t c,:ryl on in. be denled the henetil:t af; or be otherwise
sitjocted to dISU'ftinatlon urider any ACi17 smic6, program u: activity.
Project Name: Ten Mile Road — Ustick Road to McMillan Road
Project No: 518001
Name: City of Meridian
R/W Parcel No: 16 & 18
T4N, R1W, Sec 34
APN:S0434417752, R4344440270
IN WITNESS WHEREOF, this WARRANTY DEED has been duly executed by the GRANTOR, the day,
month and year herein first above written.
GRANTOR:
State of T&�nn )
)ss.
County of )
This record was acknowledged before me on this Ci-Yn day of, 201f., by
e as C rfnyh boh (trustee, Member, Officer, President, Etc.) of
City of eridlian.
CHARLENE WAY
COMMISSION #67390 Signature of Notary Public
NOTARY PUBLIC
STATE OF IDAHO My commission expires: 'ag Baia.
S�
MY COMMISSION EXPIRES 3/28/22
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.
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Meridian City Council Meeting Agenda July 9, 2019 – Page 30 of 120
Project Name: Ten Mile Road — Ustick Road to McMillan Road
Project No: 518001
Name: City of Meridian
R/W Parcel No: 16 & 18
T4N, R1 W, Sec 34
APN:S0434417752, R4344440270
TEMPORARY CONSTRUCTION EASEMENT
THIS INDENTURE, made this Vl"�"_ day of , 20n, by and between, City of
Meridian, a municipal corporation, hereinafter "GRANTOR", and ADA COUNTY 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/depicted 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 Ten Mile Road, (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 construction activities begin on
the Servient Estate and expiring one year after the date construction activities begin on the Servient Estate,
provided that ACHD may elect to extend this Easement for an additional year by paying GRANTOR a sum equal to
the value received for this Easement. In the event that the highway construction and improvement project on the
Dominant Estate is completed prior to the expiration of the term of this Easement, this Easement shall terminate
automatically. 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. 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.
Page 1 of 2
Project Name: Ten Mile Road — Ustick Road to McMillan Road
Project No: 518001
Name: City of Meridian
R/W Parcel No: 16 & 18
T4N, R1 W, Sec 34
APN: SO434417752, R4344440270
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,
r/Z cilv uTamml Weerd, Mayor
[DIA
IDA 0
-�
SEAL Qhnson, G� L
Gor�s� - �
the
ADA COUNTY HIGHWAY [STRICT:
Dave Serdar
Righ
hf-Way Su rvisor
enee Jayo
Sr. Right -of -Way Agent
NO ACKNOWLEDGEMENT NEEDED. THIS EASEMENT IS NOT TO BE RECORDED
The Ada County Highway District (ACHD) is committed to compliance with Title VI of the Civil Rights Act of 9964 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.
Page 2 of 2
Meridian City Council Meeting Agenda July 9, 2019 – Page 13 of 120
Meridian City Council Meeting Agenda July 9, 2019 – Page 14 of 120