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HomeMy WebLinkAboutCooperative Agreement For Maintenance of State Hwy (2)IDAHO BOARD OF HIGHWAY DIRECTORS WALLACE C. BURNS - CHAIRMAN ERNEST F. GAFFNEY - VICECHAIRMAN R. DOYLE SYMMS - MEMBER WAYNE SUMMERS - SECRETARY STATE OF IDAHO G4� T eon � 0 N $ Q4 DEPARTMENT OF HIGHWAYS P. O. BOX 879 BOISE, IDAHO 83701 19 March 1965 E. L. MATHES STATE HIGHWAY ENGINEER Honorable Mayor Donald M.- Storey City of Meridian Meridian, Idaho Dear Mayor Storey: Attached is your copy of the duly executed Maintenance Agreement between the Idaho Department of Highways and the City of Meridian. We appreciate the excellent cooperation with your city and assure you its continuance. Very truly yours, , eo- alIre c,I — W.W. SACHT, P.E. District Engineer WWS/HRS/am1 REVISED 4-64 COOPERATIVE AGREEMENT FOR MAINTENANCE OF STATE HIGHWAY IN THE MUNICIPALITY OF..--- K-'hIJ_L4N ___._-- THIS AGREEMENT, made and executed in duplicate this a--- ------- day of ------- ______._----__---_, 19 __, by and between the State of Idaho Department of Highways, hereinafter called the "State" and the City/Village of. ------------------- Heri—di821--------------- ___ _ _ hereinafter referred to as the "City/Village." WITNESSETH: LRECITALS The parties desire to provide for the maintenance of State Highway routes within the City/Village as provided in Section 40-120 of the Idaho Code, and to arrange herein for the particular maintenance functions to be performed by the City/ Village and those to be performed by the State and to specify the terms and conditions under which such work will be performed. 2. AGREEMENT This agreement shall supersede all previous Cooperative Maintenance Agreements. In consideration of the mutual covenants and premises herein contained, it is agreed: The City/Village will perform such maintenance work as is specifically delegated to it and the State will perform those particular functions of maintenance delegated to it on the State Highway routes or portions thereof all as hereinafter described under Sections 13, 17, and 17A hereof or as said sections may be subsequently modified with the written consent of the parties hereto acting by and through their authorized representatives. 3. MAINTENANCE DEFINED Maintenance is defined as follows: (a) The preservation and keeping of rights of way and each type of roadway, structure, and facility, in the safe and usable condition to which it has been improved or constructed, but does not include reconstruction or other improvement. (b) Provisions as necessary for the safety and convenience of traffic and the upkeep of traffic control devices. (c) The general utility services such as roadside planting and vegetation control. (d) The special or emergency maintenance or repair necessitated by accidents or by storms or other weather condi- tions, slides, settlements, or other unusual or unexpected damage to a roadway, structure or facility. (e) Upkeep of illumination fixtures on the streets, roads, highways, and bridges which are required for the safety of persons using the said streets, roads, highways, and bridges. 4. DEGREE OF MAINTENANCE The degree and type of maintenance for each highway or portion thereof shall mean doing the work and furnishing the materials and equipment to maintain the highway facility herein described in a manner as near as practicable to the standard in which they were originally constructed and subsequently improved. 5. LEGAL RELATIONS AND RESPONSIBILITIES Nothing in the provisions of this Agreement is intended to affect the legal liability of either party to the contract by imposing any standard of care respecting the maintenance of State Highways different from the standard of care imposed by law. It is understood and agreed that neither the State, nor any officer, agent, servant, or employee thereof is responsible for any damage or liability occurring by reason of anything done or omitted to be done by the City/Village or in connec- tion with any work, authority or jurisdiction delegated to the City/Village under this Agreement for Maintenence. The City/Village, its officers, agents, servants, or employees, shall not be responsible for any damage or liability arising in connection with work to be performed by the State which is not otherwise delegated to the City/Village. 6. HIGHWAY Highways, as used herein, includes the entire right of way which is secured or reserved for use in the construction and maintenance of the traveled way and roadsides as hereinafter described. 7. ROADWAY Roadway means the area between the inside face of curbs or the area between the flow lines of paved gutters; otherwise, the entire width within the highway which is improved for vehicular use including improved shoulders and berms if they exist. 8. IMPROVED ROADSIDES Improved roadside is the area between the roadway, as defined under Section 7, and the right of way boundary lines, including curb and sidewalk. Curb relates to a timber, concrete, asphalt, or masonry structure separating or otherwise delineating the roadway from the remainder of the highway and shall include paved gutters. Medians which separate the roadways for traffic in opposite directions are considered a part of the improved roadsides. Sidewalk applies to the paved or otherwise improved surface area between the face of curb or edge of roadway and right of way boundary, including paved entrances or driveways. 9. UNIMPROVED ROADSIDES Unimproved roadsides relate to the area between the roadway and right of way boundary wherein curbs and sidewalks do not exist. 10. BRIDGES Bridges are structures which span more than twenty feet measured between abutments along the centerline of the street and multiple span structures where the individual spans are in excess of ten feet measured from center to center of sup- ports along the centerline of the street. All other cross drainage structures shall be classified as culverts. 11. TRAFFIC CONTROL DEVICES Traffic Control Devices include all signs, traffic signals, pavement markings, and highway illumination placed on or adjacent to the street or highway for the regulation, guidance, warning and aid of pedestrian and traffic movement thereon. The City/Village will not maintain, erect, or install any traffic controls or signs within the limits of the City/Village except in comformity with the Manual of Uniform Control Devices for Streets and Highways as adopted by the State. Page 1. 12. FRONTAGE ROADS Frontage roads are roads constructed on either side of the highway to provide authorized road access to adjacent proper- ties in lieu of access directly from the highway. 13. ROUTINE MAINTENANCE Routine maintenance to be performed on the roadway or roadsides shall consist of such work as patching, spot sealing, crack sealing, snow plowing, snow removal; sanding, care of drainage, upkeep and repair of bridges, culverts, curbs and sidewalks, street sweeping and cleaning, repair of damage and cleaning up after storms and traffic accidents, control of roadside vegetation, care of landscaped areas, trees or other ornamental plantings, and upkeep and operation of traffic control devices, all in the manner as hereinafter specified. (a) Roadway 1. Surface repair—Such as the patching of holes, dep-essed areas, spot sealing, undersealing, etc. 2. Crack sealing—The cleaning and filling and sealing of cracks in pavement with sealing compounds. 3. Sweeping and Cleaning—The removal of dirt or litter normally coming onto the roadway from action of traffic or from natural causes, such as flood and storm debris. 4. Snow Removal—The removal of snow from the roadway by plowing, sweeping, and hauling and shall include sanding or salt when required. The hauling away of snow need only apply on those highway sections where snow storage is limited or at such times when accumulations become greater than storage area capacity. 5. Utilities—Including manholes, boxes or other appurtenances shall be maintained by their owners. 6. Storm sewers—Shall be kept clean and free from debris; traps and sumps cleaned as required after each storm. 7. Culverts—Shall be kept clean and free of debris; inlets and outlets shall be kept free of debris and grow- ing grass or brush. (b) Bridges 1. Bridges—Shall be investigated once each year and oftener if considered necessary. In addition to such annual investigation, routine maintenance to be performed shall include monthly inspection of each bridge by qualified personnel and immediate repairs made of all defects. The District Engineer shall be immediately notified of major defects. (c) Improved Roadsides 1. Curbs—Shall be kept in repair by cleaning, patching, lifting, and aligning. 2. Sidewalks—Shall be kept in repair by cleaning, patching, lifting, aligning, and regrading if of gravel or other non-cemented material. 3. Lawn or Grass Areas—Shall be kept mowed, watered, edges trimmed, and the watering operations shall not flood or sprinkle on the roadway. 4. Trees and plantings—Shall be kept trimmed with dead material removed and hazardous limbs pruned. This agreement shall not be construed as restricting, prohibiting or otherwise relieving the City of the responsibility for inspection and upkeep of trees in a manner that will insure maximum safety to both vehicular and pedes- trian traffic or to restrict or relieve the City/Village from following the same policy and procedure generally followed by it with respect to streets of the City/Village in the matter of requiring sidewalk repairs and control of vegetation to be made by or at the expense of abutting owners who are under legal obligation to perform such work. (d) Unimproved Roadsides 1. Ditching—Foreslopes, backslopes and ditches shall be bladed and ditched regularly as required to keep as near as possible to the original typical cross section. 2. Cleaning—Foreslopes and backslopes shall be mowed as required. Trees and shrubs shall be kept trimmed, dead material removed and hazardous limbs pruned. Waterways shall be kept free of debris. (e) Traffic Control Devices All traffic control devices—Signs, Signals, and Pavement Markings installed and maintained on the urban extensions of the State Highway System shall be in conformance with the recommendations and specifications of the MANUAL ON UNIFORM TRAFFIC CONTROL DEVICES FOR STREETS AND HIGHWAYS as approved by the American Association of State Highway Officials and adopted by the Idaho Department of Highways. The maintenance to be performed on these items shall consist of furnishing all necessary labor, material, services, aril equipment to install, replace, operate, and/or repair in accordance with this Agreement. All traffic control devices installed inside the full control of access limits of the Interstate Highway System shall be the responsibility of the Idaho Department of Highways. 1. Route Guide Signing—This includes all official designation guide signs at junctions of the urban extensions of the State Highway System, all entering community signs and all confirming and reassurance U.S. or State Highway route markers and guide arrows along the urban extensions of the State Highway System nec- essary to properly identify and keep the motorist sure of these routes. 2. Other Guide Signs—This includes all other guide signs of an informational nature identifying streets, city parks, landmarks, and items of geographical or cultural interest which the community desires to sign. 3. Warning Signs—These will include all signs used to indicate conditions that are actually or potentially hazardous to users of the highway or street. 4. Speed Signs—These will include all regulatory signs used to indicate prima facie speed limits which have been designated in accordance with statutory provisions. 5. Other Regulatory Signs—These will include all regulatory signs, other than the speed sign, which are used to indicate the required method of traffic movement or use of the public highway or street. 6. Center and Lane -line Markings—These will include those lines dividing the roadway between traffic moving in opposite directions, lane lines separating two or more lanes of traffic moving in the same direction, painted channelization, pavement edge markings and no passing barrier lines where required. 7. Other Pavement Markings—These include all stop lines, crosswalk lines, parking space limits and word and symbol marking set into or applied upon the pavement surface or curbing or objects within or adjacent to the roadway for the purpose of regulating or warning traffic. 8. Traffic Signals—This will include any power operated traffic control device by which traffic is warned or is directed to take some specific action. All traffic signals shall be of standard approved design and shall be installed, operated and maintained in accordance with the warrants and policies set forth in the Manual on Uniform Traffic Control Devices for Page 2. 16. ROUTE DESCRIPTION Route No, Milepost 1. U.S. 30 52.37 - 52.62 53.65 - 53.85 2. U.S. 30 52.62 - 53.65 Length Miles 0.25 0.20 1.03 Page 4. Meridian Description of Routing From Ballard St. M.P. 52,37 to Jct. with S.H. 69 M.P. 52.62 From beginning of No. curve around the curve to East 3rd St. From Jct. S.N. 69 (Meridian St.) to and along East 1st St. to the north curve. M.P. 53.65 Meridian l7.DELEGATION 0F MAINTENANCE, The maintenance work to be performed by theQty,Village orState shall conform to the provisions hereof and shall include those operations as hereinafter indicated. MAINTENANCE FUNCTION AGENCY TO PERFORM WORK Route No. Route No. Route No. Route No. Route No. � 2 uovuwur 1. Surface repair � -------� � -------- ----- ------- --- --------- -------- o.Crack sealing ---'�---- --'- 5 ----- --- --------- ----- ---- -------- ------- 3.Sweeping and ole*uinu---'�---- ----�---' -------- -------- -------- - «. Snow removal --- ------- --- --- _ ___�____ ________ _______ -------- --- ------- 5. Utilities -- -------- C---- ----------�'_-- -------- _______ ---------- ---------- -- x.Culvorts-___�___ ---------- C ------------ ________ ________ _______- 7.Storm sewers ---S ---- ---/�---' -------' ---------- —---- — ------------------------ --_---_B,idueo Bridges z.Main Structure -------- ------------ -------- -- --------------------- -----''.~^ %. Pedestrian Walks —-------- ------ — ................ ----------- ------------ ________ ------- ----------- ___Imnroro88uudoido Improved Roadside 0� z. Curbs __—_—__��- ________ ________ ________ 2. Sidewalk -------- ---z---' -------- ------ ------------ --- — ------- V. Lawn orgrass areas ----|S ----- ---�__---- --------------- _------- ---- ----- _ _______ u.Trmmand n�ut�u � -------- � --— ---' -------- -------- ----------- -------- —'o.88odixoo 5. Medians ---- ------ C---' ------------- ------- UokopxorodRoudoido 1. Ditching ---- S --- ` -------- -------- --- ----- -------' � � 2. Cleaning -------- -------- -------' -------- -------- � ----------- ----------- ___ ____ ________ ________ ------------------------ ��8.T�oodorudout�u _______TrafficContro|Devim Traffic Control Device 1. Route Guide Signs ____ I ------- ________ 2 0tbo Guide Signs � —' '_—' ___- _______ _______� ________ � � C ;.T�uro�u8�uo -------- _------- ---_---- -------- �-------' «. Speed signs ---------- --------- _______ --------------- 5. Other regulatory signs � -------' -- __ ________ ________� ________ x.Center and Lane -line Markings --- ------ w_—' --�'��____ ________ ________ _____-------- ~ 7.0thPavement 2�x,b�c t --------� � —_------ --_--�_—_ -------------- ________ 8� Traffic Signals � ------' � —'— ---' —'-----' ------------------------ ------—' y.Highway lighting ----c ----- --']C ----- -------' ----------- ------------- ___ S � �ouoPerm�eEn,n�^umout -------- -------- -------- -------- -------- Issue Permits Transportation ------- s - I - 17-A DELEGATION OF MAINTENANCE—FRONTAGE ROADS The maintenance work to be performed by the City/Village or State shall conform to the provisions hereof and shall include those operations as hereinafter indicated: MAINTENANCE FUNCTION Roadway 1. Surface repair 2. Crack sealing 3. Sweeping and cleaning 4. Snow removal 5. Utilities 6. Culverts 7. Storm sewers Bridges 1. Main Structure 2. Pedestrian Walks Improved Roadsides 1. Curbs 2. Sidewalk 3. Lawn or grass areas 4. Trees and planting 5. Medians Unimproved Roadsides 1. Ditching 2. Cleaning 3. Weed eradication Traffic Control Devices AGENCY TO PERFORM WORK Route No. Route No. Route No. Route No. Route No. 1. Route Guide Signs -------------- --------- ----- •--- --------------. ........ I-------------- ---------- -------------- --- ­­ ----------------- 2. Other Guide Signs --------------- ------ ----------- ----------•-----------•------------------------- ---- - -------- 3. Warning Signs ----------------------- ............. ----------- •------ ---------- -------- •------------- 4. Speeih signs ----------------------------------------•------- ----------------------- __1 ------ I --- - --------- -----------•------------ 5. Other regulatory signs ------- •---------------------------------------- ------------------ ------- 11------------- --- -------------------- 6. Center and Lane -line Markings --------- ---------------------- ------------------------ ---------- ----------------------- 7. Other Pavement Markings --------- --------- --------­-------------- --------------------- ------------•-------- •---------------- ------ 8. Traffic Signals ----- • -----------------• •.--............. •.---- ------ - ----------------------------- ------------------------ 9. Highway lighting ---- -----------------• ------------ ---------- .... •..... ---------------------------------- -------- ---- ---------- IssuePermits Encroachments ----- - -------------•---- --- .......-......------------------------ ----- --------- --------- -------- ---- ------ IssuePermits Transportation ---------- ------------ --- --- --................ ------------------------------- .. ----------------- ------- Page 6. a 18. DELEGATION OF COSTS All agencies shall bear all costs of maintenance obligations assigned to them under this agreement. 19. SUBSEQUENT IMPROVEMENTS When a highway section or portion thereof is improved to urban standards, i.e., with curbs, sidewalks, etc., the delega- tion of maintenance shall automatically change to conform to the provisions as provided for similar sections under this agreement. 20. TERM OF AGREEMENT This. agreement shall become effective --------------------------- --------- -- and shall remain in full force and effect untill amended or terminated. The Agreement as above may be amended upon the mutual consent of the parties thereto. The Agreement as above may be terminated at any time upon thirty days written notice by either party thereof to the other. IN WITNESS WHEREOF, the parties have set their hands and seals the day and year first above written. Approval Recommended: "w-#_---- - ----------- --- -----------------------------------.......- District Engineer - ---------------------- --------- ------ Mainte nce Engi eer Attest: -- ------------------- - - Secretary Page 7. CITY . - -A.-..,,. ------------------_- F By --- - ---- r `--- - ----- Mayor - - - -- --- --- -------..--------------_---- - C�ty Cl VILLAGEOF --------------------------------- ---=- -------------- ---------- ----------- ----------------------------------------------------------- - Trustee -----------------_ --------------------- -----------I---------- Trustee ----------- ------------------------------------------------------------- -------------------------- Trustee STATE OF IDAHO DEPARTMENT OF HIGHWAYS BY-------------------------- ate Highway Engineer _ § §Y Kr ' -- k % !; \ ,§,••,,� ;;},!,);�°,.,�\ 2 . \:I)� �! )|! �` �■�§ `| § IDAHO BOARD OF HIGHWAY DIRECTORS WALLACE C. BURNS - CHAIRMAN ERNEST F. GAFFNEY - VICE CHAIRMAN R. DOYL:E SYMMS - MEMBER WAYNE SUMMERS - SECRETARY STATE OF IDAHO November 6, 1964 S-3782(1) leridian South Yx. Herald E. Cox City Clerk City Hall Meridian, Idaho Dear r1r. Cox: E. L. MATHES STATE HIGHWAY ENGINEER You will be happy to know that the project for construction of State Highway 69 from Meridian South to the Interstate Highway has been advertised for bids to be received November 10. Herewith is a set of the construction plans which have been marked "F,xhibit A." The plans are a part of the Cooperative Agreement which was mailed to you on November 3, 1964. They should be filed with the agreement and made a part of the official City records. If you have any questions or problems concerning the project, please contact Mr. Gus Anderson, Listrict Engineer, or me and we shall be happy to assist you. Enc. Very truly yours, E. L. MATHES State Hi hway Engineer Nl . CROSSLEY Urban Engineer STATE OF IDAHO IDAHO BOARD OF HIGHWAY DIRECTORS o�ATso� G. BRYCE BENNETT STATE HIGHWAY ENGINEER WALLACE C. BURNS - CHAIRMAN ERNEST F. GAFFNEY - VICE CHAIRMAN R. DOYLE SYMMS - MEMBER ti0� 8 � WAYNE SUMMERS - SECRETARY DEPARTMENT OF HIGHWAYS P.O. BOX 879 BOISE, IDAHO 83701 December 30, 1963 S-3782(1) Ada County - -- -- Parcel No. 8 City of Meridian 728 Meridian Street Meridian, Idaho Gentlemen: We enclose State "arrant No. 207021 H in the amount of 41,300.00 covering payment for land and related items. Also enclosed are a signed copy of the Right of Way Contract and a copy of the voucher. Very truly yours, G. BRYCE BENNETT State Highway Engineer V• M'�I n P. Mix ief Right of Way Agent Encls. (R/w) DH -ass A STATE OF IDAHO DEPARTMENT OF HIGHWAYS Right Of Way Contract Parcel No.. THIS AGREEMENT, Made this 4 th day of r4 oywib€ar 19 63, between the State of Idaho, hereinafter called the "State," andj, 4,11 „r t �.J ',n i ,rnni on (hereinafter called the "Grantor(s)"), WITNESSETH, that the Grantor(s) has delivered a 49 a errs L Deed Type of Instrument for land for State highway purposes over property, extending from Station 46t%� ri- Ufa to Station �' - T 7 5 Project No. --�27 : (i ' County rwu s i , : r l zside— of highway 0 6P described in the said Deed, to 't'',+r,ra i i • i -t l s Name of Agent C_� = as escrow agent, with instructions to deliver said Deed to the Department of Title Highways, Idaho, upon the delivery to said escrow agent, for the undersigned Grantor(s), of a copy of this Agreement properly executed by the duly authorized representative of the State. In consideration of the foregoing and other considerations hereinafter set forth, IT IS MUTUALLY AGREED by the parties hereto as follows: 1. Said right of way is granted free and clear of all liens and encumbrances, partial releases for said right of way shall be furnished to the Depart- tooena lenholder Highwsys, and the in obtaining total partial in releases. Granlement shall be tor(s) agree(s) to dto pay all taxes anon assessor assessments do., includinexcept such portion g ,lh .taxes and/or asses sments. 2. No work, improvement, alteration or E maintenance by the State will be done or made other than or •n addition to that provided for i this Agreement. It is expressly understood and agreed that oral statements, and/or other forms of inducements made by representatives of the State will of be binding upon the State when not expressly stated herein. This contract shall not be binding upon the State unless and until approved and executed by the State Highway Engineer or his authorized representative. 3. he parties have herein set out the whole of their agreement. The performance of this Agreement constitutes the entire consideration for the grant of said right of way and shall relieve the State of all further obligations or claims on that account or on account of the location, grade and T construction of the proposed highway. 4. If and .when construction of the Highway Project hereinabove referred to is undertaken, the parties hereto shall comply with the following: 5: 'ital-.o will ).a-rr (.ntnt.or .'br: AMOUNT , 0.10 ireres of, luiid.. (1txT .,) Sur') 6t zi— cctii €; i' -- "-ii09 =9. -'"Ile Lilt-' 405. lO rJ.j11hi. (e,,s1,;x.iy) slide ol' al.d ar-roacb 'i) feet to .... _ '1.7 8l. tr` kh ,Iccosu as 3.r1:a.'E 'irl 1 (3�!, lo. G abf)Vv :. .� �zral,���a=�.flce i;ree,a ;yfsrl ia.n© ti der x :.. . �sovu rt, :(;; t: o tre , two �)1,lllll>e,!T' shrubs £, id 1;wo J-Itzar s,hru}JH i'rJC' f.h.e 1ZAIld bf)il!L ),i � Ie t:+e t.:o ;,osition on urattorls :roperrty.;"he ?'re€�,- wId sl�lr,kbs Clow :Locul�ed oj.l .iersd bein:, ii i,,,,n �'il.€, ,.,�.o w.c ju ;)a _d f or as i.nc:l CtL1,0:.i .1.n Li:eni i%h 5 u1 ) e an(lt 'a"..1.1 ,io 1, ho ; uvod ,.;,cl j ei oGiA e,9 by • 'o -rcli i -eve Vie ', I, ,..'.,c oj' ;�a].l res �olls.i oia.;i ,�. Y h rll.l trees L; .t oi- itovin an, In lAto urs, •]fir stercus i,(, rui-lovc; i;ile ,l_i fol corliri i'Iri irt' ; oric nL -Crops .i } l.i_t; . of �"a:, <(in, I,o (=ru1ltor _is 1 i-�.Jted in ices 1Vo. 5 ab)ve. C7 'a"LL";', Vara. cutld�;r�).ct, b':I.;aiq tr a1_i9e walk five feel- .n. width cont. o�- ;�) lsroi--orty fro staticni 46U/6t; highwu,y survey to st:at,ion 0/60.11;2 i'rarilcl'ILI State's maximum liability ................................. .... Total Cash Settlement $ 1300 00 IN WITNESS WHEREOF, the parties have executed this eement the day and year first above written. IDAHO DEPARTMENT OF HIGHWAYS Recomm ed for Approval By/ District Engide r Ntayor By ,1 4 ✓ Right of Way Agent By Area Right of Way Supervisor C i tv. C rk Approved for J Grantor(s) State Highway (E/nj�'/gineer 0 , 19 G -3 . �/ • , Chief Right of Way Agent DA - FOR USE OF DIVISION B a 2 -REMITTANCE ADVICE STATE OF IDAHO OF ACCOUNTS ONLY 91ia Miscellaneous Expenditure Voucher No. FOR USE OF DEPARTMENT FROM DEPARTMENT of agl ys NO. 378,8 SUB -DIVISION R i&t of "a ACCOUNTATION TITLLE Highway r E11< d PAY TO: CODE NO. 0 CITZ or )MIK" 728 Meridian Street Pieridian, Idaho ACCOUNT CODES FUND FUNCTION SUB. DIV. APPR. OBJECT COST CODES 5 11 04 5774 350-1'1300.0 COMPUTATION CHECKED BY: PRE -AUDITED BY: INCLUDED IN DAILY SUMMARY No. POSTED TO BUDGET CONTROL LEDGER DATE EXPLANATION AMOUNT LEAVE BLANK ftzeel No. It Payment for Right ofing a portion of Gott %t 1 XA) of $s ,®n 181, Township 3 North,, 1 East, Bel" Nerid i in eaaa�en with ProJmct 10. S -3782(l ) is Ada C*U*ty. 0.10 acr*s of land ( Lump sum) 500.00 Damage to remainder 250.00 Payment in lieu of Construction Costs: for fencing 145.00 for trees and shrubs TOTAL AMOUNT DUE $1300.00 TO THE CLAIMANT: Enclosed please find State of Idaho warrant in full settlement of the claim. Please address any inquiries concerning this transaction to the STATE AUDITOR, Division of Accounts State Capitol Building, Boise, Idaho BEC 2 3 a STATE OF IDAHO DEPARTMENT OF HIGHWAYS Right Of Way Contract Parcel No.�� THIS AGREEMENT, Made this �t day ofNOVO!.>er 119__L_,3, between the State of Idaho, hereinafter called the "State," and,, I t , (hereinafter called the "Grantor(s) WITNESSETH, that the Grantor(s) ha___,-_ delivered a Deed pe of Instrument for land for State highway purposes over property, extending from Station 4 4446 r 3g to Station Project No. �­37 t5 ' County k ;,A side — of highway described in the said Deed, to 4' .'• Name of Agent a r n as escrow agent, with instructions to deliver said Deed to the Department of T1tt� Highways, Idaho, upon the delivery to said escrow agent, for the undersigned Grantor(s), of a copy of this Agreement properly executed by the duly authorized representative of the State. In consideration of the foregoing and other considerations hereinafter set forth, IT IS MUTUALLY AGREED by the parties hereto as follows: 1. , Said right of way is granted free and clear f all liens and encumbrances, partial releases for said right of ay shall be furnished to the Depart- ment of Highwaysd the total amount i cash settlement shall be paid to the Grantor(s), except such portion thereof he Grantor (s) may assign to a lienholder in obtaining the partial releases. Grantor(s) agree(s) to pay all taxes and assessments due, including lSltaxes and/or assessments. 2. No work, improvement, alteration or maintenance by the State ill be done or made other than or in addition to that provided for i this Agreement. It is expressly understood and agreed that oral statements, and/or other forms of inducements made by representatives of the State will not be binding pan the State when of expressly stated herein. This contract shall not be binding upon the State unless and until approved and executed -by the State Highway Engineer or. his authorized representative. 3. The parties have herein set out the whole of their agreement. The performance of this Agreement constitutes the entire consideration for the grant of said right of way and shall relieve the State of all further obligations or claims on that account or on account of the location, grade and construction of the proposed highway. 4. If and when construction of the Highway Project hereinabove referred to is undertaken, the parties hereto shall comply with the following: 5. £:.6 to -p t l l ':. M , 11-i" ' s " V 0P i AMOUNT State's maximum liability ...... ...............................Total Cash Settlement $ IN WITNESS WHEREOF, the parties have executed this A 'cement the day and year first above written IDAHO DEPARTMENT OF HIGHWAYS Recommended for Approval , a�- 019 p �1 District Engineer IlA a y ?\ . ( Right o Way Agent By Area Right of Way Supervisor Q7) Approved for State Highway Engineer , 19 Grantor(s) Chief Right of Way Agent 1,11 176 111, to, 114 olt t,:a t. rua l s 1.11 G o to � •FJ'�" '�'XS ts;: S4';: d�, �'�'.: Y't:i;:-b1 }�.}�,ii�; 4111x, .}, 'a Gja)' ", . v�T"L 1..C3 r". Ut ,I y. a+ i side cit AA.i.I,eS+, �;, Fa' M 0,911: t l ot3 :,i r 1 a "9'i, ] 0 w i.d Cktr:.lct. 'c`vArb )A7'I,J t?�Ut � 14F➢aC< ,11, aftJrsf«ortt 'ho T"r'ia7..i'r Fl tddy7;'i'.}1.u�P+ary'9 ,lti t�t'"1 yr",1.6"' 'toCf4. 9'u4GL4'✓� t.w fx al „,sBa.,;�cat t!;tirlsa9. r) t I tzar shriit)fs Vr .)( Q: a .144 tl i I -J 1';t3°�]!'.adV1SE7C, b.� o ;tosll•iura <)itr 1"r9k° c5x fs i''oli fSa i, °°• ;'tki. 1rksd% f:'d Ii x-it)a t"*op1' t),o1 b'v ti,ie a`,s 1W6, l bea)a*,� .l for x, � M�A, ��. ;Zi`.dY' ;5i'1 .Y;��:f.: i���i • i? iJo "ail,: and 'NI -1 not t>a uvel ts>r _ai. Yo m'llova tf`n �. ;:a'1' x� �� ro a vz', ,t�"_�i�". 01, lad°'1 4.; al,;. t,:­O� ,3 t;•lr;:r^ 9';'i�'.:. $'°„tl '1 t7 '*' 1M tk' C. ,i "s15'}°i''dbi e,.'i++'F➢r r.ify ak '.: 1; +1 PC#t +',��' r" ).,. :1,>wvni i;.;,:�e :'i'',e (-,I .�s .� i"'Gd r. s � � � �.�.. t0 , Yom.. td`Y"ti2ms . H -ha IL% it5 1, el c 'r,)r 1!7,, ,,ix willAn�� n } y, p � r� �t°�i lS. 1 (x IIC! 1,, r...is 4 V.�.�i, l': m r� .,'�L�i�1 $� 3� 1 � �A,'CO o ,; A +� :�lt�' wtAl°is �iy:y �, {3� ie., l f �114 C (.F :..fir's j5 t; ^r o ,r?°x" a Flt C,I^.t� tWr ¢Er.:; 'ray t,h oka t n, 1. te , 1. +f'• e;ttrxt 1-xn +~/60 State's maximum liability ...... ...............................Total Cash Settlement $ IN WITNESS WHEREOF, the parties have executed this A 'cement the day and year first above written IDAHO DEPARTMENT OF HIGHWAYS Recommended for Approval , a�- 019 p �1 District Engineer IlA a y ?\ . ( Right o Way Agent By Area Right of Way Supervisor Q7) Approved for State Highway Engineer , 19 Grantor(s) Chief Right of Way Agent (R W) _DH 351 (Revs _10/i6lS8) -- WARRi1NTY DEED Parcel No. A KNOW ALL NM BY THESE PRESENTS, THAT of Mari 81 An J. County of Ada , State of first parts , for and in consideration of One rand wo/inn__ xxxx whereof is acknowledged, has granted, presents do grant, bargain, sell and its successors and assigns forever, the the County of Ada ' "thejreof ,nov on CLIe the State of Idaho-, l 4) of Section 18$ Tow ridgy, described as follows, t _.._ Dollars, to it paid, receipt bargained, sold and conveyed, and by these convey unto the State of Idaho, second party, following described parcel of land situated in Idaho, to wit State of I se Commencing at the Northeast corner of Government Lot 1, Section 18, Township 3 North, Range 1 East, Boise Meridian; thence South 59020424" West (shown of .record to be North 89°201 West) along the North line of said Section 18 a distance of 170.0 feet, more or less, to a point coincident with Station 4+00 of the.Franklin Road Survey as shown on the plans of said St Highway No. 69, Project No. S-3782(1) Highway Survey, and being the REAL POINT OF BEGINNING; thence South 0"3936" East - 30.0 feet to a point in a line parallel with and 30.0 feet Southerly from the centerline and opposite Station 4+00 of said Franklin Road Survey; thence South 89°20124" West along said parallel line 339.48 feet to a point opposite Station 0+60,52 of said Franklin Road Survey; thence South 45°00439" West •» 31.69 feet to a point in a line parallel with and 40.0 feet Eastarly'from the centerline and opposite Station 472+00 of said St. Highway No. 69, Project No. 5."3782(1) Highway Survey; thence South 1°1610511 West along said last parallelline 331.61 Poet to a point in Granotr+s Southerly property line; thence North 89021155" West (shown of record to be North 890204 West) along said . Southerly property line 34.0 feet, more or less to Grantorts Southwest property corner; thence Northerly along Grantors property line 381.0 Feet, more or less to a point in the North line of said Section 18; thence North 89°26124" East k hown of record to be South €39 ° 20 t Effi��� rw�r3 �.ea�,�t,r�h. � . t� �s 1�,..�.' :, ,�":,1,..to °the REAL POINT OF BEG NNING. my, q � „TMS �''"'iT�., �"tr F tto Franklin Road Survey Station Reference: 0+00 to 4+00. onta ns a �*dxra . +�1y 0 9 �e of�����s��n �:or�Qf�`s,;.� �re53, a.48=acres e�r�:bed �elg t Abe p ®ad . Thw�b"rihgs.,wer4hown in the above land description, unless otherwise oted, are from the Idaho Plane Coordinate S stem based on the transverse � e` ,q 1t etie Mercator r �i�rr�" f� h+a �ue�� ���-�.� f. bearings, a `correction of Of*26 30 must be subtracted from al Northeast and Southwest bearings and added to all Northwest and Southeast bearings. Note restrictive or negative easements herein. sh 1 use any .of said rights o access, including cross s, for any purpose not stated'; for hat particular place, or sh permit or suffer any p son to do so, such right of iacces .shall automatically be suspen The Grantee shall t eupon have the right to' ;closes place of access for all purpo s. The suspension sh terminate when sat- isfactory suranee has been furnished the antee that the place o ecess will be used 'only for the urpose hereinabove stated; provi ,however, that the G tee may first require a bond 'th sureties satisfactory to the tee in an amount not excess of $1,000.00, conditi ed upon faithful compliance with a above provisions con rning the use of access at sai ace. The Grantee's rights to cl a such place of access require a bond shall be tinuing as to each succeeding us or a purpose not here' It is expressly intended that these covenants, burdens IanLfeat � gns shall ;with the land and shall forever bind the Grantor , ii -Al ire an assigns. IN WITNESS WHEREOF, ----Q_F____ $ l_IANt_,.___a_1vIuni_c_i_za1__QQr_p_0rati_Qii------ /a a? --- ------------------- and_---��-�� �------- has caused these resents to be executed by its ________�G- and its cor al to be affixed___ ________ __.______ a of ___l �'_� e -- _____-___- 1� !�IT 0 ATTEST----- --- --------------------------- ---------------------- --�' '- - -I ---r-" `----- -- ----- - -- ------------------ ---------------------------------- ------------------------ -- ---- -- - -------------- (Title) (Title) On this day of� o� �211�'; , 19�,�,, before me, the undersigned, a Notary 'Public in and for said State, personally appeared I. ,f/a I -QLd .T.0.aX known to me to be the ( & - %4 and. C L respectively, of. the corporation which executed (4erson wheee-- ame the foregoing instrument, and acknowledged to that -rhe i/ _ executed the same. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal they year in this certificate first above written. ? , U AU_ J4 Notary Public a4 2__t for ALL' Resi at JR °v g2 0. .. i 14 4-1 a0i ; 1 .goo +') ;j 44 ! o i o a t7 1)•g '�. r i 4, 'd2 i w ° • i O i A �� U o w o f 1 1 ',a� 4i 4) O O U +� I I°4 O .art 03 Q) 1 i 1 1 o W E-1 E i Ty 3 U 4J o ."4' L. O O O •r1 U '� 4J 0 'Je N Mh00 4-4-4 :01.1 8,0 4) A •cid ft •0 P+ A I 1 fs. O U -N Oj 'd +� O 4a 1 f 1 O 4 0 4))0 cd W 1~ I ( h 10 1 I 0 A I Co U cd 4a MAIIIII be to wt Wier, a ""t 9-3 i} I aaf *be tUatmat of rodwal ava Rate ftmAe for the Improvowlat !. VbA the warw OAA the MY OAwk we horolmy a w to exaalo® +she +r*tjvr Amt on ti !` of the City of Xotdiam. $. Tb4t 4ar 0041fied copier of Wo resolution abou be ftu- MA*dthe r%mftt of Wim, to") 'W yy�r, S �i Nrr nn iw�rr- >41� MM toll's. fthww 44 ' s T PLMMM, Mhle &VA GO o this ,e d4T of Se 6 ek 19"0 lby awed w ftsts or Uokft br and tha"Ok tiros go" or W Mrootors, Pafty of the First 4, h+arolmafter oa1:'4,aed the pltate# arA the City of X 4aboo P%rW of the O b*r* larafte r *&Ued the O ty. the Parties havo,'orally &Wood that it is in the publl, lAtoreGot to roless"to State U#moy 69 frus its preawast losiatiso on Neddlax ftrest to *14 Std a of Xe rldian and to rese raset 'O.S. Xi " be- t "A" Street t and a $o 460 farm west of "h"' 3trest,, together with tea- pQM27 eaa osmt ORS OR PrOWU Soad ess► of "N' Streod Arad Oft p.S. WAY 30 and State U*VW 69 fAft FrankUm Ptoad to KW Stro ti, wUeb 3mpromsaents are to be ia!ae9ds plaaa tie Boit apn Podoal AJA hojoct No. S-3709(.) t ore a part of this Asroomonts ate; the ya Alms are s b to sash portifts or the 4o"s WA 04US beast of mob Amprovemats as are hdr4AUSAAW 44 fowrthp and WRZ' dr the :t)r# by aothsAir of Usho &Afd '%tiro " , MW sdtopt aye saftxoo traffio o*ArR►l, ordimmov withis its oerporste IlAitol argil WIPMW* authority fOr this Aaremoaat is oasta►bUshod! by Ssatfdo, 40-120w Idaho 3o"; i, T TM* is #**44oration of the promises and the m moral p ss to to f"Utr o 4**y as ftW eat ftrM, the Parties (is hereby W4aaal4 agWAO aa* t'bUOWwa sosth Guy usits. pr lkt4w $• wogs *rogue toopoassts o Ag$ m t vitMA the P"4 4. nro &la mi systm tompowats. s. tr&ffio siop And imd►rAroo.ls other than ft"s wnod. �M 1RP1►9rIYN• ft's" St o' by ilia Sverotary and the U4 of the :fit at Righwye armed therwto, and the Party mf the ad Par by the Wyor, attested to by the City Clerk. and the yew at the City affaced thweto. AF'E OVER A5 to FMt $TkTY. IDAHO, by arA through the Chi Of 14001 D4;Lnow ATTEM (UAL)