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Home My WebLink AboutACHD Ten Mile Road - Ustick Road to McMillan Warranty DeedProject Name, Tell Mile Road — Ustick Road k) McMillm Road Project No: 518001 Name: C11-ty of Morldlari ADA COUNTY RECORDER Phil McGrane R/W Peroral No: 16 & 182019-063843 BOISE IDAHO Pgs=14 BONNIE OBERBILLIG 07/1812019 01:09 PM T4N, RIVY, Sea 34 ADA COUNTY HIGHWAY DISTRICT NO FEE APN: S0434417752, R4344440270 (Reserved for Ada County Recorder) THIS INDENTURE, made this Q+) day of 20 by and between, City —of Meddlan, a municipal corporation, t e 'GRANTOR", and ADA --COUNTY HIGHWAY DISTRICT, a body politic and corporate of the State of Idaho, f 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, more particularly described on Exhlbit."B", 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 City, Idaho 83714-6499 The Ada Count? District (ACMD) is committed to ctornp!ianoe with Title V1 of tho Civil Rllghts Ac, of 1916.4 and related regulaflons and ditentives, dot fir. mores ft?fno K-Nonshall on the grounds of race, color, rat hmAl orillp., gender, dwblll'yorage, boexcluded firm tnvlk:iriiflon in, be denied iiia benefil-I of, orboaftrwift V! vbject,ed todisP.6011nation underanyMif) servim, pM. ramoractivity, Project Name: Ten Mile Road —Uohok Road to McMillan Road Project No: 518001 Nome: City ofMeridian R8WPonm| No: 18& 18 UN, R1VV.Sec 84 APN: S0434417752, R4344440270 IN WITNESS WHEREOF, this WARRANTY DEED has been duly executed by the Giq-�R'TOR, the day, month and year herein first above written. State of ICW16/ ~. /�� . County of —Agi—1 M. � �« This KeOOKd was acknowledged before 08 on this ~�—. day of 201q by as Notin No-hnw io (trustee, Mem er, Officer, President, Etc.) of Signature of Notary Public My commission expi The Ada County committed to compliance with Title V1 of the Civil Rights Act of 1964 and related regulations and directives. ACHD assures u.. County Highway District Project No. 518001 rhTtll fo F EXHIBITA A parcel located in the SE X of Section 34, Township 4 North, Range 1 West, Boise Meridian, r being a part that parcel as shownr • of ► 9193 on file as Instrument No. 112039267 in the office of r r. County,+. ■ more particularly described • ♦_ Commencingbrass cap monument marWing the southeastedyr of 1 SE X. from distance of .' .1 southeasterlyThence N 0053'05" E along the easterly boundary of said SE Xa distance of 1208.39 feet to t corner of • parcel and the POINT continuingThence 1 1 distance of 0.43 feet to the northeasterly• of parcel; i parcel a distance of 63.01 point; the southerly boundary•`.. • •:. Thence S, 1 ; 1 E alongsaid southerly boundary a distance of • the POINT rn BEGINNING. I 1 / r • Mad • •. i /11 • prescriptive October 24,2018 Meridian City Council Meeting Agenda July 9, 2019 — Page 19 of 120 SKETCH TO ACCOMPANY t LOCATED IN THE SW r" OF SECTION 35, TOWNSHIP 4 NORTH, RANGE 1 WEST, BOISE MERIDIAN, ADA COUNTY, IDAHO 0 Q cd r '1 REVIRREEMENT PRESCRIPTIVE- RIGHT—OF—WAY M . POINT OF BEGINNING - REQUIREMENT .; CIAL SURVEY LT I_. SCALE: 1" 1' 2803 SOUTH MERIDIAN AZ MERIDIAN, 'I (208)888-4312 Meridian City Council Meeting Agenda July 9, 2019 — Page 20 of 120 EXHIBITA Ada r Project . 518001 lilt A parcel located in the SIN %of Section 35, Township 4 North, Range 1 West, Boise Merldia and being a part of Lot 28 of Block 5 of ISOLA CREEK SUBDIVISION No. 4 as shown in Book 1 of Plats at Page 16055 in the office of the Recorder, Ada County, Idaho, more particular described follows: Commencing at a brass cap monument marking the southwesterly corner of said SW X, from distance of .# Thence N W53'05" E along the westerly boundary of said SW X a distance of 1108.99 feet to point on of r r r ♦ r r r `• ! Thence continuing S 46*21'55" E and along the southerly boundary of said Lot 28 a distance of 34.73 feet to a point; Thence N 89*06'55" W a distance of 25.50 feet to a point on the easterly right-of-way of Mile Road; Thence S�-0053%15"- Prepared by: Glenn K. Bennett, PLS October :: Meridian City Council Meeting Agenda July 9, 2019 — Page 21 of 120 SKETCH TO ACCOMPANY DESCRIPTIONS FOR ACHD LOCATED IN THE SW 1/4 OF SECTION 35, TOWNSHIP i NORTH, RANGE BOISE MERIDIAN, 1 1 M IDAHO . O 2 I O tI. II , i ISOLA GREEK 5U Ia11r15ION No. 4 BLOCK LOT 28 Meridian City Council Meeting Agenda July 9, 2019 — Page 22 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, See 34 APN: S0434417752, 84344440270 15. Rights of the public to any portion of the Land lying within the area commonly known a�-. Ten Mile Road, 16. Any adv ere claim that the Five it Drain (aka Five Mile Creek); Creason Lateral, and/ or the Nine Mila Drain (aka Nine Mile Creek) has moved. 17Terms, conditions, provisions, easements and obligations set forth in that certain Agreement Between: United States and Nampa & Meridian Irrigation District; and David M Ragon and Mary Ragon Recorded: June 30, 1917 Instrument No: 69796 Book 7 of Contracts at Page 268, of Official Records 1& Terms, conditions, provisions, easements and obligations set forth in that certain License Agreement Between: Nampa & Meridian Irrigation District and City of Meridian Recorded: November 29, 1978 Instrument No: 7863169, of Official Records. 19. Easement(s) for the purpose(s) shown below and rights incidental thereto, as granted in a document: Granted to: Idaho Power Company Purpose: utilities Recording Date: June 6, 1979 Recording No: 7930366 & Terms, conditions, provisions, easements and obligations set forth in that certain License Agreement Between: Nampa & Meridian Irrigation District and City of Meridian Recorded: April 26,1993 Instrument No: 9330161, of Official Records. 21. Terms, conditions, provisions, easements and obligations set forth in that certain License Agreement Between: Nampa & Meridian Irrigation District and City of Meridian Recorded: July 25, 1994 Instrument No: 94069460, of Official Records, WROMWMIN denied the benefits of, or be otherwise subjected to discrimination under any ACHDservioe, program or activity. Meridian City Council Meeting Agenda July 9, 2019 — Page 23 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 TO, R1W, Sec 34 APN: S0434417752, R4344440270 22. Terms, conditions, provisions, easements and obligations set forth in that certain Licensa. Agreement Between: Nampa & Meridian Irrigation District and US West Communications Recorded: April 10, 1998 Instrument Noi 98033250, of Official Records. 23, Terms, conditions, provisions, and obligations set forth in that certain Ordinance No. 784 re Annexation to City of Meridian Recorded: January 15, 1998 Instrument No: 98003485, of Official Records. 24. Terms, conditions, provisions, easements and obligations set forth in that certain Licerrn- Agreement Between: Nampa & Meridian Irrigation District and Idaho Power Company Recorded: February 9, 1999 Instrument No: 99012599, of Official Records. 25. Terms, conditions, provisions, easements and obligations set forth in that certain Licenszz Agreement Between: Nampa & Meridian Irrigation District and Idaho Power Company Recorded: February 9, 1999 Instrument No: 99012600, of Official Records. 26. Terms, conditions, provisions, easements and obligations set forth in that certain Licens'; Agreement Between: Nampa & Meridian Irrigation district and City of Meridian Recorded: February 17, 2000 Instrument No: 100011996, of Official Record& p•gi� 1 1• 111i husband and wife Recorded: July 24, 2000 Instrument No: 100057537, of Official Records. 28. Terms, conditions, provisions, easements and obligations set forth in that certain License Agreement Between: Nampa & Meridian Irrigation District and Intermountain Gas Company Recorded: November 13, 2000 Instrument No: 100090726, of Official Records, The Ada County Highway District (ACHD) is committed to compliance with Title V1 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. Meridian City Council Meeting Agenda July 9, 2019 — Page 24 of 120 Project Name: Ten Mile Road — Ustick Road to McMillan Road Project No: 518001 Name: City of Meridian RI W Parcel No: 16 & 18 TO, R1 W, Sec 34 APN: S0434417752, R4344440270 29. Terms, conditions, provisions, easements and obligations set forth in that certain Master Pathway Agreement Between: Nampa & Meridian Irrigation District and City of Meridian Recorded: December 26, 2000 Instrument o:100102999 30. Terms, conditions, provisions, easements and obligations set forth in that certain Master Pathway Agreement Between: Nampa & Meridian Irrigation District and Ada County Recorded: January 9, 2001 Instrument o:101002090 31. Terms, conditions, provisions, easements and obligations set forth in that certain Master Pathway Agreement Between: Nampa & Meridian Irrigation District and City of Boise Recorded: January 9, 2001 Instrument No: 101002091 32. Terms, conditions, provisions, easements and obligations set forth in that certain Master Pathway Agreement Between: Nampa & Meridian Irrigation District and Ada County Recorded: February 6, 2001 Instrument o:101009649 33i Terms, conditions, provisions, easements and obligations set forth in that certain License Agreement Between - Nampa & Meridian Irrigation District and City of Meridian Recordedi December 20, 2005 Instrument No: 105193917, of Official Records. 34. Terms, conditions, provisions, easements and obligations set forth in that certain License Agreement Between: Nampa & Meridian Irrigation District and City of Meridian Recorded: March 13, 2006 Instrument No: 106038091, of Official Records. 35. Terms, conditions, provisions, easements and obligations set forth in that certain License Agreement Between: Nampa & Meridian Irrigation District and Idacomm, Inc. Recorded: August 13, 2007 Instrument No: 107114038, of Official Records. The Ada County Highway District (ACHD) is committed to compliance with Tite A of the Civil Rights Act of 1964 and related regulations and denied the benefits of, or be otherwise subjected to discrimination under any ACHD service, program or activity. i 11 Meridian City Council Meeting Agenda July 9, 2019 — Page 25 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 TN, R1W, Sec 34 APN: S0434417752, R4344440270 �3. Terms, conditions, provisions, easements and obligations set forth in that certain License Agreement Between: Nampa & Meridian Irrigation District and Century Link Recorded: March 5, 2014 Instrument No: 114016404, of Official Records, 44. Terms, conditions, provisions, easements and obligations set forth in that certain Master Agreement Between: Nampa & Meridian Irrigation District and The City of Meridian Recordedi April 11, 2014 Instrument NO: 114026957, of Official Records. Re-recorded April 18, 2014 Instrument No: 114029168, of Official Records 1,5. Terms, conditions, provisions, easements and obligations set forth in that certain Project AgreemenI Between: Nampa & Meridian Irrigation District and City of Meridian Recorded: September 18, 2014 Instrument No: 2014-076192, of Official Records. �6. Terms, conditions, provisions, easements and obligations set forth in that certain Project Agreement Between: Nampa & Meridian Irrigation District and City of Meridian Recorded: April 27, 2015 Instrument No: 2015-034673, of Official Records. �7i Terms, conditions, provisions, easements and obligations set forth in that certain Licens6 Agreement Between: Nampa & Meridian Irrigation District and Idaho Power Company Recorded: July 15, 2015 Instrument No: 2015-058768, of Official Records. �8. Terms, conditions, provisions, easements and obligations set forth in that certain Project Agreement Between: Nampa & Meridian Irrigation District and City of Meridian Recorded: January 22, 2016 Instrument No: 2016-005597, of Official Records. 16. Right of way for Creason Lateral, and the rights of access thereto for maintenance of sai1' canal/ditch/lateral. 17. Right of way for Five Mile Creek and the rights of access thereto for maintenance of said canallditch/lateral. Q1 denied the benefits of, or be otherwise subjected to discrimination under any AND service, program or activity. Meridian City Council Meeting Agenda July 9, 2019 — Page 27 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 TO, R1W, Sec 34 APN: S0434417752, R4344440270 18. Easement(s) for the purpose(s) shown below and rights incidental thereto, as granted in a document: Granted to: City of Meridian Purpose: Sewer Recording Date: January 11, 1978 Recording No: 7801819 19. Easement(s) for the purpose(s) shown below and rights incidental thereto, as granted in a document: Granted to: Idaho Power Purpose: Power Line Recording Date: January 5, 1999 Recording No: 99001064 20. Easement(s) for the purpose(s) shown below and rights incidental thereto, as granted in a document: Granted to: City of Meridian Purpose: Sanitary Sewer Recording Date: August 13, 2001 Recording No: 101082231 21. Terms, conditions, easements and, obligations, if any, contained in Development Agreement by and between City of Meridian, a municipal corporation of the State of Idaho and Leonard Huskey Estate and Coleman Homes, LLC, Recorded: February 28, 2013 Instrument No: 113021828 22. Terms, conditions, easements and, obligations, if any, contained in Construction Contract for Urban Irrigation System in Isola Creek Subdivision No. 1 by and between Nampa & Meridian Irrigation District and Isola Creek, LLC, an Idaho limited liability company. Recorded: May 28, 2013 instrument No: 113057767 An Amendment Recording Date: July 11, 2016 Recording No: 2016061075 23. An easement for the purpose shown below and rights incidental thereto as set forth in Permanent Easement. ffz-q'1zW1W denied the benefits of, or be otherwise subjected to discrimination under any ACHD service, program or activity. Meridian City Council Meeting Agenda July 9, 2019 — Page 28 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 TO, R1W, See 34 APN: S0434417752, 84344440270 Granted to: Ada County Highway District Purpose: Temporary Easement Recorded: May 30, 2013 Instrument No.: 113059370 24. An easement for the purpose shown below and rights incidental thereto as set forth in Permanent Easement. Granted to: Ada County Highway District Purpose: Public Right -of -Way Recorded: May 30, 2013 Instrument No.: 113059371 25. Terms, conditions, easements and, obligations, if any, contained in Temporary License Agreement by and between Isola Creek, LLC and Ada County Highway District. Recorded: May 30, 2013 Instrument No: 113059372 26, Terms, conditions, provisions, easements and obligations set forth in that certain Sanitary Sewer and Water Main Easement k 7. Term% conditions, provisions, easements and obligations set forth in that certain Development Surety Agreement —setween: City of Meridian and Coleman Homes, LLC Recorded: November 7, 2013 Instrument No: 113122970, of Official Records. 2& Easements, reservations, restrictions and dedication, if any, as shown on the official plat of said s u V4 ivisL-t Recording Date: November 15, 2013 Recording No: 113125643 denied the benefits of, or be otherwise subjected to discrImination under any ACHD service, program or activlty Meridian City Council Meeting Agenda July 9, 2019 — Page 29 of 120 Project Name: Ten Mile Road — I Road to McMillan Road Project No: 518001 Name: City of Meridian R/W Parcel No: 16 & 18 T4N, R1W, Sec 34 APN: S0434417752, 84344440270 31. Terms, conditions, provisions, easements and obligations set forth in that certain Permanent Easement Between: Isola Creek LLC, an Idaho limited liability company and Ada County Highway District Recorded: November 18, 2015 Instrument No: 2015105917, of Official Records. 32. Terms, conditions, provisions, easements and obligations set forth in that certain Pedestrian Pathway Easement Between: Isola Creek LLC an Idaho limited liability company and City Of Meridian Recorded: March 17, 2016 Instrument No: 2016021944, of Official Records. 33. Terms, conditions, provisions, easements and obligations set forth in that certain Bill of Sale for Isola Creek Subdivision No. 4 Between: Isola Creek LLC, an Idaho limited liability company and Nampa & Meridian Irrigation District Recorded: July 11, 2016 Instrument NO: 2016061076, of Official Records. Ir4 I'm Recorded: October 7, 2016 Instrument No: 2016096524, of Official Records. Recorded: October 7, 2016 Instrument No: 2016096526, of Official Records. 7!;1I1II1T!i :IP11!11 District Recorded: November 4, 2016 Instrument No: 2016106890, of Official Records. 0=4411PI1=1 - denied the benefitsof, orbe otherwise subjected to discrimination under any ACHD service, program oractivity. Meridian City Council Meeting Agenda July 9, 2019 — Page 30 of 120