HomeMy WebLinkAboutPurchase Agreement with Ada County Highway District for Parcel 9 Ten Mile Franklin to Cherry~.
September 1, 2009
City of Meridian
Attn: Taza Green, Deputy City Clerk
33 East Idaho
Meridian, ID 83642
Re: Project # 504003 Pazcel 9
Ten Mile -Franklin to Cherry
Dear Ms. Green:
Carol A. McKee, President
Sheny R. Huber, 1st Vice President
Rebeaa W. Arnold, 2nd Vice President
John 5. Franden, Commissioner
Sara M. Baker, Commissioner
Enclosed is a copy of the signed Purchase Agreement dated August 18, 2009and the signed and recorded
Warranty Deed #109100120 dated August 18, 209 pertaining to the above listed project:
Thank you for your cooperation and consideration in the timely settlement of this matter.
Sincerely,
ADA COUNTY HIGHWAY DISTRICT
azen Arnold
Right-of--Way Account Clerk
Ada County Highway District • 3775 Adams Street • Garden City, ID • 83714 • PH 208 387-6100 • FX 345-7650 • www.achd.ada.id.us
Ten Mile Road -Franklin to Cherry
Project # 504003
Parcel 9 -City of Meridian
T3N,R1WSec10
S12t0449020
PURCHASE AGREEMENT
THIS AGREEMENT is made this ~ ~ day of ~t'-wYY , 2009, between ADA
COUNTY HIGHWAY DISTRICT a body politic and corporate of the State of Idaho, herein
called "ACRD" and the City of Meridian, an Idaho Municipal Corporation, herein called
"Sellers."
NOW THEREFORE, for good and sufficient consideration, IT IS AGREED:
1. Sale and Purchase. Seller agrees to sell and ACHD agrees to purchase aright-of-way,
together with all improvements, damages, and permanent easements, if any, associated
therewith.
2. P~ment. In consideration for the purchase of the Property, ACRD shall pay to Seller the
purchase price set out on the Compensation Summary. The Just Compensation shall be paid to
Seller upon Seller's execution and delivery to ACHD of a notarized deed and/or easement
reflecting the interest being sold.
3. Temporary Construction Easement. Seller hereby grants to ACRD and contractor(s) a
temporary easement on, over, across and through Seller's adjoining property for the ingress and
egress to and construction on the property. This easement will terminate upon completion of the
construction project.
4. Possession. Upon execution of this Agreement and the payment by ACHD of the Just
Compensation and receipt thereof by Seller, Seller hereby grants possession of the Property to
ACHD for construction of the right-of-way.
5. Hazardous Materials. This Agreement is conditioned upon Seller's full disclosure of any
hazardous materials. To the best of Seller's knowledge, no hazardous materials have been
stored or spilled on the Property during Seller's ownership or during previous ownerships. In
the alternative, if Seller has knowledge of storage or spill of hazardous materials on the
Property, that information is set out on the Compensation Summarv.
6. Entire Agreement. The parties have herein set out the whole of their agreement and the
terms and conditions have been negotiated in good faith by both parties hereto. ACHD's
payment of the Just Compensation shall constitute the entire consideration for the sale of the
Property and shall relieve ACHD from any future claims or obligations on account of the
location, grade, and/or construction of the proposed right-of-way, or any other damages of Seller
related to ACHD's purchase of the Property.
7. Binding Effect. This contract shall be binding when executed by the Seller and ACHD's
authorized representative.
Short Purchase Agreement
Version: 5/20/08
Ten Mile Road -Franklin to Cherry
Project # 504003
Parcel 9 -City of Meridian
T3N,R1WSec10
S1210449020
IN WITNESS WHEREOF, the parties have executed this Agreement the day and year
first above written.
CITY OF MERIDIAN,
An Idaho Municipal Corporation
By: /
Tammy de
Jaycee L. Holman, City Clerk
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ADA COUNTY HIGHWAY DISTRICT:
Chanon B. Romo
Right-of-Way Supervisor
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Tamara McCarthy
Sr. Right-of-Way Agent
Short Purchase Agreement
Version: 5120/08
Ten Mite Road -Franklin to Cherry
Project # 504003
Parcel 9 -City of Meridian
T3N,R1WSec10
S1210449020
COMPENSATION SUMMARY
Fee
7,187 sf (which includes 3,750 prescriptive Right-of-Way)
Temoorarv Construction Easement
523 sf
ACRD WILL PROVIDE CONSTRUCTION FEATURES AS SHOWN ON THE RIGHT-OF-WAY PLANS
SHEETS dated February 2007, page 9 of 36 AS LISTED BELOW:
Fencing: Undetermined
Misc: Station 33+60 LT Construct a private approach.
Negotiated Items:
Seller's disclosure of hazardous materials:
(1) None (Seller's Initials); or
(2) Seller's disclosure:
t
ACRD Initials:
Seller Initials: ~_
Property Representative Name:
Property Representative Phone:
Version: 7/15108
ADA COUNTY RECOflDHI J. DAVID NAYARflO AMOUNT .~ 3
Ten Mile Road -Franklin to Cherry lOISE IDAHO OOf27109 02:03 FM
Project # 504003 DEPUTY Vlcld Alkn
flECOflDED-REOUE8TOF I~~~'II'I'lllll~'lll~l'~~~III~II~~~II
Parcel 9 -City of Meridian ACRD 109100120
T3N,R1WSec10
S1210449020
(Reserved for Ada County Recorder)
WARRANTY DEED
THIS INDENTURE, made this ~ day of /~t~,~a7 , 2009, between and the City
of Meridian, an Idaho Municipal Corporation, (herein "GRANTORS"), and ADA 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
WD -Page 1 of 2
Version: 5/22/08
Ten Mile Road -Franklin to Cherry
Project # 504003
Parcel 9 -City of Meridian
T3N,R1WSec10
S1210449020
IN WITNESS WHEREOF, this WARRANTY DEED has been duly executed by the GRANTOR, the
day, month and year herein first above written.
CITY OF MERIDIAN,
An Idaho Municipal Corporation
STATE OF IDAHO )
ss.
County of Ada )
Tammy de Weerd, ayo
``°.`~y pF MEAip~A ,,
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Attest: ~° =
Jaycee L Holma ,City Clerk gEAL
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On this ~g day of /~ U ~~'' , 2009, before me, ~o'`-'r~` ~ ' Grc~ , a
Notary Public in and for said state, personally appeared Tammy de Weerd and Jaycee L. Holman,
know or identified to me to be the Mayor and Clerk, respectively, of the City of Meridian, who
executed the instrument of behalf of said City, and acknowledged to me that such City executed
the same.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and
year in this certificate first above written.
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Version: 5122108
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Residing at f a~lydu.cl~, tl~
My commission expires 1 O-1 l -1 I
WD-Page2of2
Exhibit A
Owater of Record: C'it~; of Meridian
Parcel: Nct. (S 1 2 1 0449020)
\CIID Projects l'rn Mile Road (Fr.utklin to Cherry)
!'rojcct 'v u.: 5(14003
Right-ot=Way Take Description -Parcel 9
A parcel c,f land located in the 5E I %4 of Section 10, 'township 3 North,
Rtur~e 1 \4'est, Eloise Meridian, Ada C'nunty. Idaho, said description being a partinn of
that parcel as described by Pioneer 'T'itle Company in Commitment for Title Insurance,
Order No. 29963G, Schedule A ar.d also as shown on Record of Survey No. 8218, bled
as instrument number 10$016231, records of Ada County, Idaho, being more particularly
described us follows;
Cmm~tencing at a brass cap marking the southeast corner of the Ste /4 of
said Section i U ti om which a brass cap marking the northeast corner of said SE 1 /4
hears N U°52`05" E, 264636 feet, thence `0°52'05" E, 946.$3 feet along the east
boundary of said SE1 ~4 to a point being the southeast comer of said parcel, said point
also txing the REAL POINT UP t3EGINNWG.
Thence continuing :~ 0°52'05" E, I SO.UO feet along the east Iwundary to the northeast
comer of said parcel;
'Iltence leaving said east boundary N 88°26'51" W, 4$.00 feet along the north boundary
of said pan:cl to a point;
'Thence S O'S'_'DS" W, 150.00 tees to a point on the south boundary of said parcel;
"Thence S $$°26'51" l3, 48.00 feet along said south botmdary to the Real Point of
E3eginning
Sair, described parcel. contains 7,1$7 square Icet (0.17 acres) and includes 3,750
square fret 10.09 acres) of prescriptive right-of--way and is subject to easements of record
or in use. `T'his Icgul description was prepared by the ACRD Survey Section from record
dater and field surveys.
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