ACHD Sale & Purchase Agreements and Recorded Instruments~~
CHD ~,, ~ fount Hi hwa District
~ g Y
~iiciiy rt. nuuci, 1-fCJlUdlll 318 East 37th Street
Susan S. Eastlake, 1st Vice President Garden City ID 83714-6499
Dave Bivens, 2nd Vice President Phone (208) 387-6100
David E. Wynkoop, Commissioner FAX (208) 387-6391
John S. Franden, Commissioner E-mail: tellus@ACHD.ada.id.us
July 23, 2003
Ms. Sharon Smith
City of Meridian
33 E Idaho Street
Meridian ID 83642
Dear Ms. Smith:
RECEIVED
JUL 2 8 2003
City Of Meridian
City Clerk Office
Enclosed are the copies of the Sale & Purchase Agreements and recorded instruments for the two
parcels recently purchased by the Ada County Highway District for the Franklin Road reconstruction
project.
If you have any questions, please give me a call at 387-6275.
Sincerely,
Ada County Highway District
athh, SR/WA
Right-of-Way Specialist
Enclosures:
1. Project No. 501019 -Franklin Road, Parcel No. 3 Contracts
2. Project No. 501019 -Franklin Road, Parcel No. 23 Contracts
cc: Bruce Mills, Manager, ROWDS Dept. (w/o enclosures)
' ~
ACRD Project #501019
Franklin Road, Main to Nola
Parcel #3
T3N, R1 E, Section 18
SALE AND PURCHASE AGREEMENT
(Partial Take)
THIS SALE AND PURCHASE AGREEMENT (the "Agreement") is made
and entered into this -~ day of ~-v~~b~- 2003, by and between CITY OF
MERIDIAN, a Municipal Corporation, (herein "SELLER"}, and ADA COUNTY
HIGHWAY DISTRICT (herein "ACRD");
WITNESSETH:
FOR GOOD AND SUFFICIENT CONSIDERATION, IT IS AGREED:
SECTION 1. Definitions. As used in this Agreement, the following terms shall have the
following meanings:
(a) The term "Agreement" shall refer to this Sale and Purchase Agreement.
(b) The term "ACRD" shalt refer to ADA COUNTY HIGHWAY DISTRICT, a
body politic and corporate of the State of Idaho, whose address is 318 East 37th Street,
Garden City, Idaho 83714-6499, Attention: Kathy Smith, whose telephone number is
(208) 387-6275 and whose fax telephone number is (208) 387-6391.
(c) The term "Closing Agen#" shall refer to First American Title Insurance
Company, 7311 Potomac Drive, Boise, Idaho 83704.
(d) The term "Closing Date" shall mean , 20~
provided, by written addendum signed by both parties and delivered to Closing Agent,
the Closing Date may be rescheduled to such date as the parties agree, and under
Section 7.7 the Closing Date may also be extended, and in either event the Closing Date
shall then mean such rescheduled date.
(e) The term "Deed" shall mean the form of deed attached hereto as Exhibit
«1 „
(f) The term "Easements" shall mean, collectively, the Temporary
Construction Easement and the Permanent Easement attached hereto as Exhibits "2"
and " 3".
(g) The term "Easement Area" shall mean, collectively, the real property
described on Exhibit(s) to each Easement.
(h) The term "Exceptions to Title" shall refer to those existing exceptions to
Seller's title to the Property described on Exhibit "B" to the Deed.
Sale and Purchase Agreement, page 1
(12/28/01)
(i) The term "Hazardous Materials" shall mean any substance, material, or
waste which is regulated as hazardous by any federal, state and/or local governmental
authority.
(j) The term "Project" shall refer to the highway improvement program being
undertaken by ACRD, internally known as Project Number 501019 and commonly
known as Franklin Road, Main to Nola.
(k) The term "Property" shall refer to the real property described on Exhibit "A"
to the Deed.
(I) The Property is a part of a larger parcel of real property owned by Seller,
and the term "Remaining Property" shall refer to the remainder of the parcel of real
property which will continue to be owned by Seller after this transaction is closed, and
shall include the Easement Area.
(m) The term "Seller" shall refer to the above named Seller, which is a
municipal corporation organized and existing under the laws of the state of Idaho, whose
address is 33 E. Idaho St., Meridian, ID 83642, whose telephone number is 888-3579
and whose fax telephone number is
SECTION 2. Recitals.
2.1. ACRD is a single county-wide highway district organized and existing
under the laws of the state of Idaho, with the responsibility and jurisdiction and authority
to construct and improve highways in Ada County, Idaho, and in that connection has
undertaken the Project.
2.2. In lieu of condemnation and in furtherance of the Project and for the price
and on the terms and conditions hereinafter set forth, ACHD desires to purchase the
Property from Seller, acquire the rights of access and use of the Easement Area as
described in the Easements, and pay for any damages which may accrue to the
Remaining Property and/or any eligible business located thereon by reason of its
severance from the Property and the construction of the Project, and for the price and
on the terms and conditions hereinafter set forth Seller is willing to sell and grant the
same to ACRD and settle such damage claims, if any.
SECTION 3. Agreement to Sell and Purchase the Property and Grant Easements For
the purchase price and on the terms and conditions hereinafter set forth, Seller hereby
agrees to sell, grant and convey the Property and grant the rights of access and use of
the Easement Area to ACRD, and ACRD hereby agrees to purchase the Property,
subject to the Exceptions to Title, and acquire the rights set forth in the Easements from
Seller.
SECTION 4. Settlement of Damages to Remaining Property Release and Survival.
The parties agree that the purchase price set forth in Section 5 includes reimbursement
for any and all damages which may accrue to the Seller's Remaining Property and/or
Sale and Purchase Agreement, page 2
(12/28/01)
f
any eligible business located thereon by reason of: (i) its severance from the Property,
(ii) the Easements thereon, and (iii) the construction of the Project on the Property and
Easement Areas in the manner proposed by ACRD, and that this payment is in full
settlement of all claims, demands and causes of action Seller may have against ACRD
for such damages. Accordingly, Seller hereby forever releases, discharges and acquits
ACHD from any and all actions, causes of action, claims or suits for damages, losses,
expenses, attorney's fees and costs of suit which Seller shall have, or which in the future
may arise, to the Seller's Remaining Property andlor any eligible business located
thereon from or as a result of or by reason of or in connection with: (i) the severance of
the Property from the Remaining Property, (ii) the Easements thereon, and (iii) the
construction of the Project on the Property and Easement Areas in the manner proposed
by ACHD. It is agreed this release will survive the closing under this Agreement.
SECTION 5. Purchase Price Method of Payment.
5.1. The purchase price to be paid by the ACHD for the Property and for the
rights of access and use of the Easement Area set forth in the Easements and for any
severance or business damages to the Remaining Property of Seller is ONE HUNDRED
SEVENTY-SIX THOUSAND SIX HUNDRED TWENTY AND NO/100 DOLLARS
($176,620.00).
5.2. The purchase price shall be paid by the ACRD through the Closing Agent
for the account of Seller on or before the Closing Date, by the deposit with Closing
Agent of ACHD's check made payable to the Closing Agent.
SECTION 6. Possession. ACRD shall be entitled to quiet and peaceful possession of
the Property on the recording of the Deed, and of the Easement Area as provided in the
Easements.
SECTION 7. Closing.
7.1. The closing under this Agreement and delivery of all cash and all executed
instruments and documents contemplated herein shall take place at the offices of the
Closing Agent.
7.2. On or before the Closing Date, the Seller shall deposit with the Closing
Agent the following instruments and documents, each duly executed, and, where
appropriate, acknowledged:
(a) the Deed;
(b) the Easements; and
(c} such other documents as are required to effect the agreements of the
Seller herein contained.
7.3. On or before the Closing Date, the ACHD shall deposit with the Closing
Agent the following:
Sale and Purchase Agreement, page 3
(12!28!01)
(a) its check made payable to the order of Closing Agent for the amount of the
purchase price as the same may be adjusted by Closing Agent's closing accounting
reflecting the amount shown by the Closing Agent as necessary to pay ACHD's portion
of closing costs and Seller's tax proration; and
(b) such other instruments and documents as are required to effect the
agreements of the ACHD herein contained.
7.4. Before the Closing Date, the Seller and ACHD shall deposit with the
Closing Agent the following:
(a) a true copy of this Agreement, to be executed by Closing Agent;
and
(b) such closing escrow instructions, consistent with this Agreement, as
required by the Closing Agent, executed by ACRD, Seller and Closing Agent.
7.5. Closing Agent is authorized and directed by Seller to pay Seller's portion of
the closing costs and any payments required under Section 8.1 to remove all exceptions
to title to the Property which are not Exceptions to Title and by ACHD to pay ACHD's
portion of the closing costs from the funds deposited with the Closing Agent by ACRD
under Section 7.3.
7.6. When, on or before the Closing Date, the Closing Agent has received the
above described funds, instruments and documents and obtained the commi#ment of the
title insurance company named in Section 8.1 to issue title insurance in the form
described in Section 8.2, it will proceed to close by recording the Deed and obtaining the
Owner's Policy of Title Insurance in the form contemplated by Section 8.2. Then the
Closing Agent shall deliver its closing accounting, showing the prorations, applications
and payments herein agreed to be made by the parties through the Closing Agent (the
same having been submitted and approved by the parties prior to commencement of this
closing process), and deliver the funds and documents related to this transaction in its
possession as follows:
(a) To the Seller:
(1) the closing accounting; and
(2} as reflected in the closing accounting, its check for the funds to be
paid to Seller on completion of closing.
(b) To ACRD:
(1) the recorded Deed;
(2) the Easements;
Sale and Purchase Agreement, page 4
(12/28/01)
(3) the Owner's Policy of Title Insurance;
(4) the closing accounting; and
(5) as reflected in the closing accounting, its check for the funds, if any,
to be paid to ACRD on completion of closing.
7.7. In the event the Closing Agent is unable, for any reason, to close on the
Closing Date, it shall immediately notify both parties by both (i) telephone and (ii) mail or
fax of the reason. The party causing the delay shall have ten (10) days from the date of
the receipt of such notification in which to cure the defect or other concern, and the
Closing Date shall be extended accordingly. If the defect or other concern is cured
within such period or the party not causing the delay shall waive the same by written
notice delivered to the other party and Closing Agent within such period, the Closing
Agent shall proceed to close. Otherwise, upon receipt of its fees the Closing Agent shall
return all funds and documents in its possession to the party depositing the same and
the duties of the Closing Agent shall terminate. This return of the funds and documents
by the Closing Agent under this Section 7.7 shall not affect the obligations of the parties
under this Agreemen#, and the party not in default shall have all rights and remedies for
default as may be applicable including, without limitation, the remedy of specific
performance.
SECTION 8. Title Insurance.
8.1. ACRD, at its sole cost, has already obtained, and made available to Seller,
a Commitment for Title Insurance issued by First American Title Company, dated August
20, 2002, commitment number FA-140235 (the "commitment"). The commitment shows
title to the Property and the Easement Area in Seller, the Property subject only to the
standard general exceptions, the Exceptions to Title and such other exceptions as can
be either removed by Seller through the closing process or are acceptable to ACRD
under Section 8.2. Seller hereby authorizes the Closing Agent, simultaneously with
closing hereunder and at Seller's sole cost and under separate escrow instructions
between Seller and Closing Agent, to apply such portions of the purchase price as are
necessary to obtain satisfactions and releases of encumbrances, terminations of any
leases and the removal of all other exceptions to title shown on the commitment insofar
as they relate to the Property.
8.2. On the Closing Date, the Closing Agent shall cause such title insurance
company to issue an Owner's Policy of Title Insurance (upon notice to Closing Agent
and Seller, at ACHD's option and at its sole cost and expense, such policy may contain
extended coverage endorsements), insuring title to the Property in ACRD in the amount
of that portion of the purchase price attributable to the value of the Property (exclusive of
damages to the Remaining Property and any business located thereon, payments for the
Easements), free and clear of all liens, encumbrances and other exceptions to title
except the standard general exceptions, the Exceptions to Ti#le and exceptions shown
on the commitment related to the right of units of local government, irrigation, drainage
and other public districts and utilities to claim levies and assessments, where no
delinquencies appear of record, and any other exceptions to title ACRD has waived by
Sale and Purchase Agreement, page 5
(12/28/01)
11.2 In addition to the obligations required to be performed hereunder by ACHD
at closing, ACHD covenants and agrees to perform such other acts, and to execute,
acknowledge, and/or deliver subsequent to the closing such other documents as Seller
may reasonably request in order to effectuate the complete consummation of the
transaction contemplated herein.
11.3 These covenants by ACRD shall survive closing under this Agreement.
SECTION 12. Affirmative Covenants and Warranties Survival.
12.1. From and after the date of this Agreement until possession of the Property
and Easement Area is delivered to ACHD, Seller covenants and agrees that Seller will:
(i) refrain from creating or incurring any mortgage, lien, or other encumbrance in any way
affecting the Property; (ii) sell or otherwise transfer ownership or possession of the
Property or the Easement Area; (iii) not cause or permit the presence, use, generation,
release, discharge, storage, or disposal of any Hazardous Materials on, under, in, or
about, or the transportation of any Hazardous Materials to or from, the Property or the
Easement Area in violation of applicable laws; (iv} not commit any waste or allow any
nuisance upon the Property or the Easement Area; (v) maintain and keep the Property
and the Easement Area in its present condition; and (vi) observe all laws, ordinances,
regulations, and restrictions affecting the Property and its use and the Easement Area
and its use.
12.2. Seller warrants that neither Seller, nor, to the knowledge of Seller, any
previous owner, tenant, occupant, or user of the Property used, generated, released,
discharged, stored, or diseased of any Hazardous Materials under, in, or about the
Property or the Easement Area, or transported any Hazardous Materials to or from the
Property or the Easement Area in violation of applicable laws.
12.3. In addition to the obligations required to be performed hereunder by Seiler
at the closing, Seller agrees to perform such other acts, and to execute, acknowledge,
and/or deliver subsequent to the closing such other documents as ACRD may
reasonably request in order to effectuate the complete consummation of the transaction
contemplated herein.
12.4. These covenants and warranties by Seller shall not be merged into the
Deed and shall survive the closing under this Agreement.
SECTION 13. Remedies for Default. In the event of the failure or neglect by either
party in the performance required under this Agreement, the other party shall have all
the remedies available under the laws of the State of Idaho for breach of a contract,
including the remedy of specific performance.
SECTION 14. Attorneys' Fees. Should either party or the Closing Agent find it
necessary to employ an attorney for representation in any action seeking enforcement of
any of the provisions of this Agreement, or to protect its interest in any matter arising
under this Agreement, or to recover damages for the breach of this Agreement, or to
resolve any disagreement in interpretation of this Agreement, the unsuccessful party in
Sale and Purchase Agreement, page 7
(12/2seo1)
any final judgment entered therein agrees to reimburse the prevailing party for alf
reasonable costs, charges and expenses, including attorneys' fees, expended or
incurred by the prevailing party in connection therewith and in connection with any
appeal, and the same may be included in such judgment.
SECTION 15. Notices. Any and all notices required to be given by either of the parties
hereto andlor by the Closing Agent shall be in writing and deemed delivered when either
(i) delivered personally, or (ii) sent by fax by a program that will confirm fax delivery to
the fax telephone number set forth in Section 1 and with a copy by First Class U. S.
Mail, postage prepaid, addressed to the other party, and/or the Closing Agent at the
address set forth in Section 1, or (iii} deposited in the United States Mail, certified, return
receipt requested, postage prepaid, addressed to the other party and/or the Closing
Agent at the address set forth in Section 1, or such other fax telephone number or
mailing address as may be provided by written notice of such change given to the other
in the same manner as above provided.
SECTION 16. Applicable Law. This Agreement shall be governed by, and construed in
accordance with, the law of the State of Idaho.
SECTION 17. Incor oration of Exhibits. It is agreed that all exhibits to this Agreement
are incorporated by reference and made a part of the terms, provisions and covenants
of this Agreement.
SECTION 18. Binding Effect: Assignment. This Agreement shall be binding upon and
inure to the benefit of the parties hereto and their successors, provided no assignment
of their respective rights and obligations hereunder shall be made by either party without
the written consent of the other.
SECTION 19. Time of Essence. All times provided for in this Agreement or in any other
instrument or document incorporated herein or contemplated hereby for the performance
of an act will be strictly construed, it being agreed that time is of the essence of this
Agreement.
SECTION 20. Entire Agreement: Modification. This Agreement and the Exhibits
attached hereto embody and constitute the entire understanding between the parties
with respect to the transaction contemplated herein, and all prior or contemporaneous
agreements, understandings, representations, and statements, oral or written, are
merged into this Agreement. Neither this Agreement nor any provision hereof may be
waived, modified, amended, discharged, or terminated except by an instrument in writing
signed by the party against which the enforcement of such waiver, modification,
amendment, discharge, or termination is sought, and then only to the extent set forth in
such instrument.
SECTION 21. Warranty of Authority to Execute.
21.1. The person(s) executing this Agreement on behalf of ACHD represent(s)
and warrant(s) due authorization to do so on behalf of ACHD, and that upon execution
Sale and Purchase Agreement, page 8
(12/28/01)
of this Agreement on behalf of ACRD, the same is binding upon, and shall inure to the
benefit of, ACHD.
21.2. If Seller is not a natural person, the person(s) executing the Agreement on
behalf of Seller represent(s) and warrant(s) due authorization to do so on behalf of
Seller, and that upon execution of this Agreement on behalf of Seller, the same is
binding upon, and shall inure to the benefit, of Seller.
SECTION 22. Counterparts. This Agreement shall be executed in two counterparts,
each of which shall be deemed an original but both of which together shall constitute
one and the same instrument.
IN WITNESS WHEREOF, the parties hereto have executed this Agreement the
day, month and year first above written.
SELLER:
Tax ID No.
,r~i~++`r~,t~~jfl CITY OF MERIDIAN, a Municipal Corporation
,,,.
C~-P~l~
By
Tit
6, y c;~j C~~.wc
Sale and Purchase Agreement, page 9
(12/28/01)
°°''°''~~~_'~'"' ADA COUNTY HIGHWAY DISTRICT
CLOSING AGENT AGREEMENT
Closing Agent hereby accepts the provisions of this Agreement which relate to
closing the sale and purchase herein contemplated as set forth in Sections 3, 5, 7, 8, 9,
10 and 15 and hereby agrees to perform its responsibilities thereunder, and ACI-iD
agrees to pay its fees for such services. After closing, Closing Agent agrees to deliver
to each of the parties a copy of all the documents.
Dated this day of , 200
CLOSING AGENT
By: _
Title:
EXHIBITS
"1" Deed, with legal description of Property and Exceptions to Title attached.
" 2" Construction Easement
"3" Permanent Easement
"4" Appraisal Summary/Mitigation of Damages
Sale and Purchase Agreement, page 10
(12128/01)
ACHD Project #501019
Franklin Road, Main to Nola
Parcel #3
T3N, R1 E, Section 18
Exhibit "1"
(Reserved for Ada County Recorder)
WARRANTY DEED
THIS INDENTURE, made this day of
CITY OF MERIDIAN, a Municipal Corporation, 33 E. Idaho St., Meridian,
the "GRANTOR", and ADA COUNTY HIGHWAY DISTRICT, a body
corporate of the State of Idaho, the "GRANTEE";
WITNESSETH:
2003,
ID 83642,
politic and
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 1DAH0, 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 GRANTOR's title as are set forth on Exhibit "13"
attached hereto and by this reference made a part hereof.
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
318 East 37th Street
Garden City, Idaho 83714-6499
Sale and Purchase Agreement, page 11
(12/28/01)
IN WITNESS WHEREOF, this WARRANTY DEED has been duly executed by
and on behalf of the GRANTOR, the day, month and year herein first above written.
SELLER:
CITY OF MERIDIAN, a Municipal Corporation
BY:_ Ex~~b~t owl,U ~o wot siGw
Title
BY: ~x1~Cb%t ow~~,~ ~o n.ot s%~v~,
Title
State of Idaho )
ss.
County of Ada )
On this day of 2003, before me,
a Notary Public in and for the State of Idaho,
personally appeared ,known or identified to me to
be the President, and ,known or identified to me to
be the Secretary of the Corporation that executed this instrument or the persons who
executed this instrument on behalf of said Corporation, and acknowledged to me that
such Corporation 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.
Notary Public for the State of Idaho
Residing at Idaho
My Commission expires
Sale and Purchase Agreement, page 12
(12/28/01)
~~ A~
Ada County Highway District
Project No. 501019.0
Franklin Road (East l5c to Nola)
• Parcel 3 •
Right-of--Way Take Description
A parcel located in Government Lot 1 of Section 18, Township 3 North, Range 1 East, Boise
Meridian, Ada County, Idaho, more particularly described as follows:
Commencing at a brass cap monument marking the northwesterly corner of said Government Lot
1, from which an aluminum cap monument marking the northeasterly corner of the NW '/4 of
said Section 18 bears N 89°19'51" E a distance of 2401.71 feet;
Thence N 89° 19' S 1" E along the northerly boundary of said Government Lot 1 a distance of
923.32 feet to the POINT OF BEGINNING;
Thence continuing N 89°19'51" E a distance of 169.23 feet to a point;
The»ce Heaving said northerl~~ bou»dar.~ ~ 0`3~~ ~C~~ 1A a d~stanec of 4i.4`, feet to a pout:
Thence S 88°03' 16" W a distance of 339.77 feet to a point;
Thence S 89°19'51" W a distance of 157.29 feet to a point;
Thence S 47°12'25" W a distance of 46.45 feet to a point on the easterly right-of--way of Main
Street;
Thence N 1 ° 15'32" E along said easterly right-of--way a distance of 34.03 feet to a point;
Thence leaving said easterly right-of--way N 45°00'06" E a distance of 31.69 feet to a point;
Thence N 89°19'51" E along said southerly right-of--way a distance of 339.48 feet to a point;
Thence N 0°40'09" W a distance of 30.00 feet to the POINT OF BEGINNING.
This parcel contains 0.39"i acres (1%,311 square feet) and is subject to any easements existing or
in use. Said parcel contains 0.097 acres (4,224 square feet) of existing Franklin Road
prescriptive right-of--way.
Prepared by: Glenn K. Bennett, PLS
Civil Survey Consultants, Incorporated
Revised: November 21, 2002
ACRD Project #501019
Franklin Road, Main to Nola
Parcel #3
T3N, R1 E, Section 18
SCHEDULE B -SECTION 2
Exhibit "B"
First American Title Company
Order Number FA-140235
EXCEPTIONS TO THE TITLE:
General taxes for the year 2003, not yet due or payable.
2. Right of way for Nine Mile Creek.
3. An Easement over said land in favor of IDAHO POWER COMPANY, a
corporation, for power lines and incidental purposes as set forth in an
instrument recorded February 10, 1954, as Instrument No. 355994, Official
Records. (Appears to lie within the easements shown on the plat.)
4. An Easement over said land in favor of IDAHO POWER COMPANY, a
corporation, for power lines and incidental purposes as set forth in an
instrument recorded February 5, 1976, as Instrument No. 7604494, Official
Records. (Appears to fie within the easements shown on the piat.)
5. License Agreement for RUTLEDGE LATERAL, recorded June 9, 1986, as
Instrument No. 8630374, Official Records.
6. License Agreement for NINE MILE DRAIN, recorded July 21, 1987, as
Instrument No. 8742105, Official Records.
7. License Agreement for RUTLEDGE LATERAL, recorded December 27, 1988,
as Instrument No. 8863084, Official Records.
8. Master Pathway Agreement, recorded December 26, 2000, as Instrument No.
100102999, Official Records.
9. Master Pathway Agreement, recorded January 9, 2001, as Instrument No.
101002090, Official Records.
10. Master Pathway Agreement, recorded February 6, 2001 as Instrument No.
101009649, Official Records.
END OF SCHEDULE B -SECTION 2
ACRD Project #501019 Exhibit "2"
Franklin Road, Main to Nola
Parcel #3
T3N, R1 E, Section 18
TEMPORARY CONSTRUCTION EASEMENT
THIS INDENTURE, made this day of 2003
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, for the term and uses and on the terms and conditions
hereinafter set forth, GRANTOR does hereby grant to the ACRD 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. The ACHD's use of the Easement granted
herein shall be in connection with the construction and improvement of a highway (the
"Project") on adjoining and abutting property owned by ACHD municipally known as
Franklin 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 Project, and for ingress and egress to and from the
Dominant Estate. The Servient Estate is a part of a larger parcel owned by GRANTOR
(the "Remaining Property"), and this Easement does not extend to ACHD any right to
enter upon the Remaining Property.
2. Use by Others Under ACRD. The 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
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 ACRD
hereunder shall cease and terminate and this Easement shall be null and void and of no
further force and effect.
Sale and Purchase Agreement, page 13
(12/28/01)
4. Indemnification. ACRD 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 ACRD, at its sole cost and expense,
to at least as good a condition as existing on the date of this Indenture.
6. Damages to Remaining Property During Construction Without limiting the
rights of GRANTOR to such remedies it may have at law or in equity to recover
damages to the Remaining Property that may occur during construction of the Project as
a result of a trespass on the Remaining Property by ACHD, its contractors, employees
or agents, in such event ACRD shall proceed to diligently cause the repair, restoration
and/or replacement of the same to, as nearly as reasonably possible, the same condition
as existed prior to such damages.
7. Access Durina Construction of Project Throughout the term of this
Easement, during GRANTOR's regular business hours, ACHD and/or its contractors
will provide and maintain continuous, safe and adequate vehicle access (ingress and
egress) for GRANTOR and its employees, agents, contractors and business invitees
and guests to and from GRANTOR's Remaining Property to and from ACHD's adjacent
public roads. It is agreed that access is adequate and continuous even if limited to one
vehicle lane on ACHD public streets adjacent to the Remaining Property, and even if
access is temporarily delayed because of traffic control by a flagger; at times, the private
driveway accessing GRANTOR'S Remaining Property may also be restricted to one
vehicle lane, and to right-in right-out access only by a flagger or signage.
8. Bindin 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.
9. Appurtenant. The Easement herein granted is appurtenant to the
Dominant Estate.
TO HAVE AND TO HOLD this Easement unto the ACRD for the term
hereinabove set forth.
GRANTOR covenants to ACRD that ACRD 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 ACRD.
Sale and Purchase Agreement, page 14
(12/28/01)
IN WITNESS WHEREOF, this Temporary Construction Easement has been duly
executed by the parties, the day, month and year herein first above written.
GRANTOR
CITY OF MERIDIAN, a Municipal Corporation
By:_ ~X~ll,~lt Ov~,I,U Do wGt SI,~V~,
Title
By: ~xl~Cb~t ov~,l,~~ po vi,ot s~cyw
Title
ADA COUNTY HIGHWAY DISTRICT
By:
Randy Lane, Supervisor, Right-of-Way
EXHIBIT LIST
Exhibit "A" Depiction of Servient Estate
NO ACKNOWLEDGEMENT NEEDED. THIS EASEMENT IS NOT TO BE RECORDED
Sale and Purchase Agreement, page 15
(12/28/01)
P,RQJECT MAP
Parcel 3 (City of Meridian)
Franklin Road (East ls` St. to Nola Rd.)
~ ~
Proposed Acquisition (in blue):
17,311 Sq.Ft. (per Sheet 1 of plans)
Permanent Easement (in green):
1,300 Sq.Ft. (per Sheet 1 of plans)
Temporary Easement (in yellow):
225 Sq.ft. (per Sheet 1 of plans)
--~--z--_~..~..
ACHD Project #501019
Franklin Road, Main to Nola
Parcel #3
T3N, R1 E, Section 18
Exhibit "3"
(Reserved for Ada County Recorder)
PERMANENT SLOPE/CUT EASEMENT AGREEMENT
THIS PERMANENT SLOPE/CUT EASEMENT AGREEMENT (the "Agreement"),
made and entered into this day of , 2003, by and between CITY OF
MERIDIAN, a Municipal Corporation, hereinafter referred to as "GRANTOR", and
ADA COUNTY HIGHWAY DISTRICT, a body politic and corporate of the State of Idaho,
hereinafter referred to as "ACHD";
WITNESSETH:
FOR GOOD AND SUFFICIENT CONSIDERATION, IT IS AGREED:
SECTION 1. Recitals.
1.1 GRANTOR awns the real property located in Ada County, State of Idaho
as more particularly described on Exhibits "A" and "B" attached hereto and by this
reference made a part hereof (hereinafter the "Servient Estate").
1.2 ACRD owns and has exclusive jurisdiction over the public rights-af-way
and Highways (as used in the Agreement, the term "Highway" is as defined in Idaho
Code § 40-109(5)) located in Ada County, Idaho and including the Highway which abuts
and adjoins the "Servient Estate" (the "Dominant Estate").
1.3 ACRD is improving, reconstructing and/or constructing the Highway on the
Dominant Estate and desires to obtain aslope/cut easement on, under, over and across
the Servient Estate in order to provide structural integrity to such Highway and/or
stability to the adjacent embankment, and, on the terms and conditions hereinafter set
forth, GRANTOR is willing to grant such easement to ACHD.
SECTION 2. Grant and Authorized Use; Use not Exclusive.
2.1 On the terms and conditions hereinafter set forth, GRANTOR hereby
grants to ACHD a perpetual easement on, under, over and across the Servient Estate
for the following uses and purposes and no others:
(a} the construction and for the placement of base material, dirt and related
clean fill creating a permanent fill slope supporting the adjacent Highway on the
Dominant Estate and/or the construction of a permanent cut slope allowing for the
stability of the embankments which adjoin the Highway on the Dominant Estate
(hereinafter collectively "Slope"); and for maintenance and repair of such Slope.
Sale and Purchase Agreement, page 16
(12/28/01)
2.2 This Agreement does not extend to ACRD the right to use the surface of
the Servient Estate to the exclusion of GRANTOR, and ACHD's rights under this
Agreement are subject to the rights of the GRANTOR and GRANTOR's guests, invitees,
agents and contractors to use and enjoy the surface of the Servient Estate and
landscape and irrigate the same, provided the structural integrity of the Slope is not
compromised by such activities.
SECTION 3. Consideration.
As consideration for the grant of this easement, ACHD agrees to pay GRANTOR
Five Thousand Six Hundred Eighty-seven and 50/100 Dollars ($5,687.50), receipt of
which is hereby acknowledged.
SECTION 4. Construction and Installation.
The construction of the Slope on, under, over and across the Servient Es#ate,
and any repair and maintenance thereof, shall be accomplished according to good
engineering practices. All costs and expenses related to the design, construction,
maintenance and repair of the Slope shall be the sole responsibility and obligation of,
and shall be paid by, ACRD. Provided, the costs of irrigating, weeding, fertilizing,
replacing diseased and dead shrubs and plants and otherwise maintaining any
landscaping placed or installed on the surface of the Servient Estate after completion of
the construction of the Slope by ACHD shall be at the sole cost and expense of
GRANTOR.
SECTION 5. Maintenance
ACRD shall maintain the physical integrity of the Slope in good condition and
repair and as required to satisfy all requirements of applicable laws, the policies of
ACRD and sound engineering practices. Unless necessitated by acts of GRANTOR,
GRANTOR's guests, invitees, contractors or agents: (i) the repair and maintenance of
the structural integrity of the Slope, and (ii) the restoration of any landscaping planted or
installed after completion of the construction of the Slope necessitated by repairs and
maintenance to the structural integrity of the Slope by ACHD, shall be at the sole cost
and expense ACHD.
SECTION 6. Compliance with the Law.
In its use of the Servient Estate, ACHD hereby covenants and agrees to comply
in all respects with any and all federal, state and local statutes, law, ordinances, codes,
policies, rules and regulations.
Sale and Purchase Agreement, page 17
(12/28/01)
SECTION 7. Indemnification.
ACHD hereby indemnifies and saves and holds GRANTOR harmless from and
against any and all claims for loss, injury, death or damage, and reasonable attorney's
fees and costs that may be incurred by GRANTOR in defending such claims, caused by
or arising out of its construction of the Siope on the Servient Estate, and any repair or
maintenance thereof by or under the authority of ACRD.
SECTION 8. Covenants Run with the Land.
This Agreement shall be a burden upon the Servient Estate and shall be
appurtenant to and for the benefit of the Dominant Estate, and shall run with the land.
SECTION 9. Exhibits.
All exhibits attached hereto and the recitals contained herein are incorporated
herein as if set forth in full herein.
SECTION 10. Successors and Assigns.
This Agreement, the slope easement herein granted, and the covenants and
agreements herein contained shall inure to the benefit of and be binding upon the
parties hereto and their successors and assigns to the Servient and Dominant Estate.
SECTION 11. Recordation.
This Agreement shall be recorded in the Official Real Property Records of Ada
County, Idaho.
IN WITNESS WHEREOF, the undersigned have caused this Agreement to be
executed the day, month and year first set forth above.
CITY OF MERIDIAN, a Municipal Corporation
By: ~XYILbI.t OV~~I~ DD Vi,Ot SL~Vt,
Title
By:_ ~xl~~b~t ow~i.~ po wo~t s~c~w
Title
ADA COUNTY HIGHWAY DISTRICT
By
Randy Lane, Right of Way Supervisor
Sale and Purchase Agreement, page 18
(12/28/01)
State of Idaho )
ss.
County of Ada )
On this day of 2003, before me,
a Notary Public in and for the State of Idaho,
personally appeared ,known or identified to me to
be the President, and ,known or identified to me to
be the Secretary of the Corporation that executed this instrument or the persons who
executed this instrument on behalf of said Corporation, and acknowledged to me that
such Corporation 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.
Notary Public for the State of Idaho
Residing at Idaho
My Commission expires
STATE OF IDAHO )
ss.
County of Ada )
On this day of 2003, before me,
a Notary Public in and for the state of Idaho,
personally appeared Randy Lane, known or identified to me to be the Supervisor of the
Right-of-Way Division for the Ada County Highway District, the person who executed
this instrument of behalf of said District, and acknowledged to me that the Ada County
Highway District executed the same.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official
seal the day and year first above written.
Notary Public for the State of Idaho
Residing at Idaho
nny Commission expires
Sale and Purchase Agreement, page 19
(12/28/01)
~~
Ada County Highway District
Project No. 501019.0
Franklin Road (East 1 S` to Nola)
Parcel 3 •
Permanent Easement Description
An easement for roadway slope purposes located in Government Lot 1 of Section 18, Township
3 North, Range 1 East, Boise Meridian, Ada County, Idaho, more particularly described as
follows:
Commencing at a brass cap monument marking the northwesterly corner of said Government Lot
1, from which an aluminum cap monument marking the northeasterly corner of the NW '/4 of
said Section 18 bears N 89°19'51" E a distance of 2401.71 feet;
Thence N 89°19'51" E along the northerly boundary of said Government Lot 1 a distance of
643.06 feet to a point;
Thence leaving said northerly boundary S 0°40'09" E a distance of 55.00 feet to the POINT OF
BFGITTIING:
Thence S 85°45'43" E a distance of 56.83 feet to a point;
Thence S 88°28'37" E a distance of 51.04 feet to a point;
Thence N 87°13'22" E a distance of 52.40 feet to a point;
Thence N 85°38'35" E a distance of 48.36 feet to a point;
Thence N 87°07'59" E a distance of 49.57 feet to a point;
Thence N 85°36'33" E a distance of 50.56 feet to a point;
Thence N 87°13'06" E a distance of 2.61 feet to a point;
Thence N l°56'44" W a distance of 1.00 feet to a point:
Thence S 88°03' 16" W a distance of 202.16 feet to a point;
Thence S 89°9'51" W a distance of 108.71 feet to the POINT OF BEGINNING.
This parcel contains 0.030 acres (1,300 square feet)
use.
ect to any easements existing or in
Prepared by: Glenn K. Bennett, PLS
Civil Survey Consultants, Incorporated
Revised: November 21, 2002
ACHD Project #501019 Exhibit "4"
Franklin Road, Main to Nola
Parcel #3
T3N, R1 E, Section 18
APPRAISAL SUMMARY
MITIGATION OF DAMAGES
Take Area
• 17,311 Sq. Ft. @ $8.75 Sq. Ft .:.......................................... . $151,471.25
....................
Permanent Easement Area
• 1,300 Sq. Ft. @ $8.75 per Sq. Ft. @ 50% ............................................... $ 5,687.50
Temporary Easement Area
• 225 Sq. Ft. @ $8.75 per Sq. Ft. X 12% ................................................... $ 236.25
Take Area Improvements `~
• Landscaping Items ..........................................................$15,595.00
• Fence (350 Ln. Ft. @ $9.90 Ln. Ft) .................................$ 3,465.00
• Gate (3' wide gate) ..........................................................$ 165.00
Total for Improvements ................................................................................$ 19,225.00
Total Fair Market Value .............................................................................$176,620.00
District will, at the expense of the project, remove the irrigation pump located at HS
108+70R and at that location connect proposed new 12"PVC to the existing line
extending south.
Contractor is to coordinate landscaping restoration with the Parks Superintendent, Mr.
Elroy Huff who can be reached at 888-3579.
~.
~.
~~ ' '
„~~;,
F ~
,_ ACHD Project #501019
Franklin Road, Main to Nola
Parcel #3
T3N, R1 E, Section 18
ADA COUNTY RECORDER J. DAVID NAVARRO '
BOISE IDAHO 04115!03 04:22 PM
DEPUTY Michelle Turner II~ I'II'III'I'II~IIIII'll'I'I'I'll'I~
RECORDED-REQUEST OF
First American 1 ~~~~~~~~?
AMOUNT 12.00
(Reserved for Ada County Recorder)
WARRANTY DEED
THIS INDENTURE, made this -~ day of /'~`VE,~~1'~- 2003,
CITY OF MERIDIAN, a Municipal.Corporation, 33 E. Idaho St., Meridian, ID 83642,
the "GRANTOR", 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 a[! 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 GRANTOR's title as are set forth on Exhibit "B"
attached hereto and by this reference made a part hereof.
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
318 East 37th Street
Garden City, Idaho 83714-6499
Warranty Deed, Page 1
IN WITNESS WHEREOF, this WARRANTY DEED has been duly executed by
and on behalf of the GRANTOR, the day, month and year herein first above written.
`~~}t~llilf111 yi r/rFir
~~~~''~ ~ ~~~ ~~ 5 ~~ ''~r9, SELLER:
fib` >~ ~~,, ~ °-•;,
~~ ~~ ~~:~~ .i :CITY OF
'! ~ ~
" ~ ;'
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~ ~' ~~ ~ y:
~'T 9~ , ,~ ~'°
IDIAN, a Municipal Corporation
~vvro r--r~t ~a ('i~ Irv ~~ Title
~' 3-/i-o 3
State of Idaho )
ss.
County of Ada )
On this ~ day of yYLGh~ 2003, before me,
TN ~ ~ , a Notary Public in and for the State of Idaho,
personally ap eared ~~ D, Cov~ , ,known or identified to me to
be the P ,1 ~~YKnd /,~, t t l ~,,,~ c4. i~ ~ ~r ,known or identified to me to
be the of the Corporation that executed this instrument or the persons who
executed this instrument on behalf of said Corporation, and acknowledged to me that
such Corporation 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.
.• A
' ~ R~~.4ww~sh• ~C -,,I
•, C-
.., `~.~ ~
9Z°~AGBLIC 'f~
•,,,~~~i Op ID A~~°°°°°°°°
In
Notary Public for the State of ldahothe State of Idaho
Residing at Idaho
My Commission expires_//-ai -off
Warranty Deed, Page 2
~ ~
Ada County Highway District
Project No. 501019.0
Franklin Road (East 1St to Nola)
• Parcel 3 •
Right-of--Way Take Description
A parcel located in Government Lot 1 of Section 18, Township 3 North, Range 1 East, Boise
Meridian, Ada County, Idaho, more particularly described as follows:
Commencing at a brass cap monument marking the northwesterly corner of said Government Lot
1, from which an aluminum cap monument marking the northeasterly corner of the NW '/4 of
said Section 18 bears N 89°19'51" E a distance of 2401.71 feet;
Thence N 89°19'51" E along the northerly boundary of said Government Lot 1 a distance of
923.32 feet to the POINT OF BEGINNING;
Thence continuing N 89°19'51" E a distance of 169.23 feet to a point;
Thence leaving said northerly boundary S 0°39'30" W a distance of 47.45 feet to a point;
Thence S _88°03.' 16" W a distance of 339.77 feet to a point;__ _
Thence S 89°19'51" W a distance of 157.29 feet to a point;
Thence S 47°12'25" W a distance of 46.45 feet to a point on the easterly right-of--way of Main
Street;
Thence N 1°15'32" E along said easterly right-of--way a distance of 34.03 feet to a point;
Thence leaving said easterly right-of--way N 45°00'06" E a distance of 31.69 feet to a point;
Thence N 89°19'51" E along said southerly right-of--way a distance of 339.48 feet to a point;
Thence N 0°40'09" W a distance of 30.00 feet to the POINT OF BEGINNING.
This parcel contains 0.397 acres (17,311 square feet) and is subject to any easements existing or
in use. Said parcel contains 0.097 acres (4,224 square feet) of existing Franklin Road
prescriptive right-of--way.
Prepared by: Glenn K. Bennett, PLS
Civil Survey Consultants, Incorporated
Revised: November 21, 2002
~~
~~ ~
<<~2ilt~Z~"
~ ~ ~ ~
~1"
ACRD Project #501019
Franklin Road, Main to Nola
Parcel #3
T3N, R1 E, Section 18
SCHEDULE B -SECTION 2
Exhibit "B"
First American Title Company
Order Number FA-140235
EXCEPTIONS TO THE TITLE:
General taxes for the year 2003, not yet due or payable.
2. Right of way for Nine Mile Creek.
3. An Easement over said land in favor of IDAHO POWER COMPANY, a
corporation, for power lines and incidental purposes as set forth in an
instrument recorded February 10, 1954, as instrument No. 355994, Official
Records. (Appears to lie within the easements shown on the plat.)
4. An Easement over said land in favor of IDAHO POWER COMPANY, a
corporation, for power lines and incidental purposes as set forth in an
instrument recorded February 5, 1976, as Instrument No. 7604494, Official
Records. (Appears to lie within the easements shown on the plat.)
5. License Agreement for RUTLEDGE LATERAL, recorded June 9, 1986, as
Instrument No. 8630374, Official Records.
6. License Agreement for NINE MILE DRAIN, recorded July 21, 1987, as
Instrument No. 8742105, Ofi'iciai Records.
7. License Agreement for RUTLEDGE LATERAL, recorded December 27, 1988,
as Instrument No. 8863084, Official Records.
8. Master Pathway Agreement, recorded December 26, 2000, as Instrument No.
100102999, Official Records.
9. Master Pathway Agreement, recorded January 9, 2001, as Instrument No.
101002090, Official Records.
10. Master Pathway Agreement, recorded February 6, 2001 as Instrument No.
101009649, Official Records.
END OF SCHEDULE B -SECTION 2
t.,
~~ ,
ACHD Project #501019
Franklin Road, Main to Nola
Parcel #3
T3N, R1 E, Section 18
ADA COUNTY RECORDER J. DAVID NAUARRO
BOISE IDAHO 04/15/03 04;22 PM 5
DEPUTY Michelle Turner
RECORDED-REQUEST OF
FirstAmerican ~~~ ~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~
AMOUNT 15.00
1 ~.,~j ~ h ~'.rJ f 4
(Reserved for Ada County Recorder)
PERMANENT SLOPE/CUT EASEMENT AGREEMENT
THIS PERMANENT SLOPE/CUT EASEM~NT AGREEMENT (the "Agreement"),
made and entered into this ~, day of /`°~~.-f~ , 2003, by and between CITY OF
MERIDIAN, a Municipal Corporation, hereinafter referred to as "GRANTOR", and
ADA COUNTY HIGHWAY DISTRICT, a body politic and corporate of the State of Idaho,
hereinafter referred to as "ACHD' ;
WITNESSETH:
FOR GOOD AND SUFFICIENT CONSIDERATION, lT IS AGREED:
SECTION 1. Recitals.
1.1 GRANTOR owns the real property located in Ada County, State of Idaho
as more particularly described on Exhibits "A" and "B" attached hereto and by this
reference made a part hereof (hereinafter the "Servient Estate").
1.2 ACHD owns and has exclusive jurisdiction over the public rights-of--way
and Highways (as used in the Agreement, the term "Highway" is as defined in Idaho
Code § 40-109(5)) located in Ada County, Idaho and including the Highway which abuts
and adjoins the "Servient Estate" (the "Dominant Estate").
1.3 ACRD is improving, reconstructing and/or constructing the Highway on the
Dominant Estate and desires to obtain aslope/cut easement on, under, over and across
the Servient Estate in prder to provide structural integrity to such Highway and/or
stability to the adjacent embankment, and, on the terms and conditions hereinafter set
forth, GRANTOR is willing to grant such easement to ACRD.
SECTION 2. Grant and Authorized Use; Use not Exclusive.
2.1 On the terms and conditions hereinafter set forth, GRANTOR hereby
grants to ACHD a perpetual easement on, under, over and across the Servient Estate
for the following uses and purposes and no others:
(a) the construction and for the placement of base material, dirt and related
clean fril creating a permanent fill slope supporting the adjacent Highway on the
Dominant Estate and/or the construction of a permanent cut slope allowing for the
stability of the embankments which adjoin the Highway on the Dominant Estate
(hereinafter collectively "Slope"); and for maintenance and repair of such Slope.
L
Permanent Easement, Page 1
2.2 This Agreement does not extend to ACHD the right to use the surface of
the Servient Estate to the exclusion of GRANTOR, and ACHD's rights under this
Agreement are subject to the rights of the GRANTOR and GRANTOR's guests, invitees,
agents and contractors to use and enjoy the surface of the Servient Estate and
landscape and irrigate the same, provided the structural integrity of the Slope is not
compromised by such activities.
SECTION 3. Consideration.
As consideration for the grant of this easement, ACRD agrees to pay GRANTOR
Five Thousand Six Hundred Eighty-seven and 50/100 Dollars ($5,687.50), receipt of
which is hereby acknowledged.
SECTION 4. Construction and Installation.
The construction of the Slope on, under, over and across the Servient Estate,
and any repair and maintenance thereof, shelf be accomplished according to good
engineering practices. All costs and expenses related to the design, construction,
maintenance and repair of the Slope shall be the sole responsibility and obligation of,
and shall be paid by, ACHD. Provided, the costs of irrigating, weeding, fertilizing,
replacing diseased and dead shrubs and plants and otherwise maintaining any
landscaping placed or installed on the surface of the Servient Estate after completion of
the construction of the Slope by ACHD shall be at the sole cost and expense of
GRANTOR.
SECTION 5. Maintenance
ACHD shall maintain the physical integrity of the Slope in good condition and
repair and as required to satisfy all requirements of applicable laws, the policies of
ACHD and sound engineering practices. Unless necessitated by acts of GRANTOR,
GRANTOR's guests, invitees, contractors or agents: (i) the repair and maintenance of
the structural integrity of the Slope, and (ii) the restoration of any landscaping planted or
installed after completion of the construction of the Slope necessitated by repairs and
maintenance to the structural integrity of the Slope by ACHD, shall be at the sole cost
and expense ACRD.
SECTION 6. Compliance with the Law.
In its use of the Servient Estate, ACHD hereby covenants and agrees to comply
in all respects with any and all federal, state and Local statutes, law, ordinances, codes,
policies, rules and regulations.
Permanent Easement, Page 2
SECTION 7. Indemnification.
ACHD hereby indemnifies and saves and holds GRANTOR harmless from and
against any and all claims for loss, injury, death or damage, and reasonable attorney's
fees and costs that may be incurred by GRANTOR in defending such claims, caused by
or arising out of its construction of the Slope on the Servient Estate, and any repair or
maintenance thereof by or under the authority of ACRD.
SECTION 8. Covenants Run with the Land.
This Agreement shall be a burden upon the Servient Estate and shall be
appurtenant to and for the benefit of the Dominant Estate, and shall run with the land.
SECTION 9. Exhibits.
All exhibits attached hereto and the recitals contained herein are incorporated
herein as if set forth in full herein.
SECTION 10. Successors and Assigns.
This Agreement, the slope easement herein granted, and the covenants and
agreements herein contained shall inure to the benefit of and be binding upon the
parties hereto and their successors and assigns to the Servient and Dominant Estate.
SECTION 11. Recordation.
This Agreement shall be recorded in the Official Real Property Records of Ada
County, Idaho.
IN WITNESS WHEREOF, the undersigned have caused this Agreement to be
executed the day, month and year first set forth above.
~ ~~~,,;
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CITY ~IV ERIDIAN, a Municipal Corporation
Title
f~/~r~cL 1~~~ whu:Z ~-j~ p~itle
COUNTY
Randy
e, Right of Way Supervisor
Permanent Easement, Page 3
State of Idaho )
ss.
County of Ada )
On this ~~ day of ~~~.-~.c~i, 2003, before me,
Nr ~ V~~ ~~ , a Notary Public in and for the State of Idaho,
personall~a eared ob~r ~ cox
~. ,known or identified to me to
be the ~ ~~~and (~l~~ai~., ~, ~~ „~~_ -fir , ,known or identified to me to
be the ~~~~ of the Corporation that executed this instrument or the persons who
executed this instrument on behalf of said Corporation, and acknowledged to me that
such Corporation 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.
.•`` ~ A D. ''•.
1`1 o T~~ 1'C~
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N.a ~. 68LIC *,
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,•~i4~ Op I U A~~~~•
STATE OF IDAHO )
ss.
County of Ada )
~~n~ ,~ ~0~ ~~.~
Notary Public for the State of Idaho
Residing at ~(~ Idaho
My Commission expires i/-o~-a ~
On this I ~tL. ,day of ~ ~r c ~ 2003, before me,
a Notary Public in and for the state of Idaho,
personally appeared Randy Lane, known or identified to me to be the Supervisor of the
Right-of--Way Division for the Ada County Highway District, the person who executed
this instrument of behalf of said District, and acknowledged to me that the Ada County
Highway District executed the same.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official
seal the day and year first above written.
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Notary Public or the State of Idaho
Residing at ~~-- ~ ~ Idaho
My Commission expires ~ ~
Permanent Easement, Page 4
~~~
Ada County Highway District
Project No. 501019.0
Franklin Road (East 1St to Nola)
• Parcel 3 •
Permanent Easement Description
An easement for roadway slope purposes located in Government Lot 1 of Section 18, Township
3 North, Range 1 East, Boise Meridian, Ada County, Idaho, more particularly described as
follows:
Commencing at a brass cap monument marking the northwesterly corner of said Government Lot
1, from which an aluminum cap monument marking the northeasterly corner of the NW '/4 of
said Section 18 bears N 89°19'51" E a distance of 2401.71 feet;
Thence N 89°19'51" E along the northerly boundary of said Government Lot 1 a distance of
643.06 feet to a point;
Thence leaving said northerly boundary S 0°40'09" E a distance of 55.00 feet to the POINT OF
BEGINNING;
Thence S 85°45'43" E a distance of 56.83 feet to a point;
Thence S 88°28'37" E a distance of 51.04 feet to a point;
Thence N 87°13'22" E a distance of 52.40 feet to a point;
Thence N 85°38'35" E a distance of 48.36 feet to a point;
Thence N 87°07'59" E a distance of 49.57 feet to a point;
Thence N 85°36'33" E a distance of 50.56 feet to a point;
Thence N 87°13'06" E a distance of 2.61 feet to a point;
Thence N 1°56'44" W a distance of 1.00 feet to a point;
Thence S 88°03' 16" W a distance of 202.16 feet to a point;
Thence S 89°9'51" W a distance of 108.71 feet to the POINT OF BEGINNING.
This parcel contains 0.030 acres (1,300 square feet)
use.
ect to any easements existing or in
Prepared by: Glenn K. Bennett, PLS
Civil Survey Consultants, Incorporated
Revised: November 21, 2002
ACHD Project #501019
Franklin Road, Main to Nola
Parcel #3
T3N, R1 E, Section 18
TEMPORARY CONSTRUCTION EASEMENT
THIS INDENTURE, made this l ~- day of /~-->(2~-~~- 2003,
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, for the term and uses and on the terms and conditions
hereinafter set forth, GRANTOR does hereby grant to the ACRD 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. The ACHD's use of the Easement granted
herein shall be in connection with the construction and improvement of a highway (the
"Project"} on adjoining and abutting property owned by ACRD municipally known as
Franklin 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 Project, and for ingress and egress to and from the
Dominant Estate. The Servient Estate is a part of a larger parcel owned by GRANTOR
(the "Remaining Property"), and this Easement does not extend to ACRD any right to
enter upon the Remaining Property.
2. Use by Others Under ACRD. The 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
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 ACRD
hereunder shall cease and terminate and this Easement shall be null and void and of no
further force and effect.
Temporary Easement, Page 1
4. Indemnification. ACRD 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 ACRD, at its sole cost and expense,
to at least as good a condition as existing on the date of this Indenture.
6. Damages to Remaining Property During Construction Without limiting the
rights of GRANTOR to such remedies it may have at law or in equity to recover
damages to the Remaining Property that may occur during construction of the Project as
a result of a trespass on the Remaining Property by ACHD, its contractors, employees
or agents, in such event ACRD shall proceed to diligently cause the repair, restoration
and/or replacement of the same to, as nearly as reasonably possible, the same condition
as existed prior to such damages.
7. Access During Construction of Project Throughout the term of this
Easement, during GRANTOR's regular business hours, ACRD andlor its contractors
will provide and maintain continuous, safe and adequate vehicle access (ingress and
egress) for GRANTOR and its employees, agents, contractors and business invitees
and guests to and from GRANTOR's Remaining Property to and from ACHD's adjacent
public roads. It is agreed that access is adequate and continuous even if limited to one
vehicle lane on ACHD public streets adjacent to the Remaining Property, and even if
access is temporarily delayed because of traffic control by a flagger; at times, the private
driveway accessing GRANTOR's Remaining Property may also be restricted to one
vehicle lane, and to right-in right-out access only by a flagger or signage.
8. 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.
9. Appurtenant. The Easement herein granted is appurtenant to the
Dominant Estate.
TO HAVE AND TO HOLD this Easement unto the ACRD for the term
hereinabove set forth.
GRANTOR covenants to ACRD that ACRD 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 ACRD.
Temporary Easement, Page 2
IN WITNESS WHEREOF, this Temporary Construction Easement has been duly
executed by the parties, the day, month and year herein first above written.
GRANTOR
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By:
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IAN, a Municipal Corporation
' Title
COUNTY H~,?;HWA'
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Randy
EXHIBIT LIST
Exhibit "A" Depiction of Servient Estate
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NO ACKNOWLEDGEMENT NEEDED, THIS EASEMENT IS NOT TO BE RECORDED
Temporary Easement, Page 3
PROTECT MAP
Parcel 3 (City of Meridian)
Franklin Road (East lgt St. to Nola Rd.)
f~ neo
Proposed Acquisition (in blue):
17,311 Sq.Ft. (per Sheet 1 of plans)
Permanent Easement (in green):
1,300 Sq.Ft. (per Sheet 1 of plans)
Temporary Easement (in yellow):
225 Sq.ft. (per Sheet 1 of plans)
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,~ '~1EGOTIATION SERVICES, L.L.C.
~'~rblic Right_r of Gi'av & Fa~sements • Fatll Service to the Private Sector
LAWRENCE RINCt)V~;R
ITD Approved • Meml;~ r i ~
December 18, 2002
City of Meridian
Attn: Ken Bowers
Meridian Fire Chief
33 E. Idaho St.
Meridian, ID 83642-2631
Re: Project Name: Franklin Road, Main to Nola
Project Number: 501019
Parcel Number: 23 (540 East Franklin Road, Meridian)
Dear Mr. Bowers,
The ADA COUNTY HIGHWAY DISTRICT has programmed a road improvement project
for Franklin Road, Main to Nola, and the right-of-way acquisition phase is now under
way.
New right-of-way required from this parcel amounts to 1,798 square feet. The
permanent easement required amounts to 722 square feet and the temporary easement
required amounts to 2,256 square feet. The requirement has been appraised by a
qualified appraiser and a market value established at $16,026.00. The just
compensation offered is based on the appraisal report.
Enclosed is an acquisition packet containing the following:
[x] Sale and Purchase Agreement
[x] Permanent Easement
[x] Temporary Easement
[x] Warranty Deed
[x] Project Plan Sheet
[x] Summary of Rights
[x] Appraisal
[x] Return Envelope
If the above offer is satisfactory, please sign and return all original documents to this
office. When fully executed, copies will be sent to you for your records. When 1've
received the documents, I will have the Agreement approved and processed by the
Highway District and arrange for disbursement through First American Title Company.
P.O_ F3ox 433, Boise, ID 83 70 1-0433 • TeL (208) 384-1920 • Mobile: (208) 861-0488 • Toll Free: (800) 388-RR48 • Fas: (208) 388-8401 • E-mail: rinkyl ~imicron.net
Normal processing of payments takes approximately 45 days from the time we receive
the signed documents. If there are other parties of interest (liens, mortgages, etc.) on
the property, the necessary clearances will have to be obtained prior to processing the
acquisition payment. This can cause some delay but generally does not present much
of a problem. ACRD will obtain the clearances and title insurance and pay closing and
recording fees.
If you would like to meet personally, or if you have any questions regarding this
proposal, the project, or the documents, please don't hesitate calling. I can be reached
at 384-1920. I may also be available on my mobile phone at 861-0488. These are
direct lines. If I'm not in, please be sure to leave your name and a number where you
can be reached so that I can return your call as soon as possible.
Your cooperation and prompt attention to this matter is sincerely appreciated.
Sincerely,. ~ ;~
~~'~ .
La rence Rincover
Right-of-Way Agent
cc: Kathy Smith, ACHD
DESCRIPTION OF REQUIREMENT: "_ '~
1,798 SQ FT @ $5.00 = 8,990
$ 8,990
EASEMENT (PERMANENT) 722 (SQ FT) $5.00 50% _ $1,805
EASEMENT (TEMPORARY) 2,256 SQ FT @ $5.00 X 12% @ 1.5 = $2,030
$ 3,835
IMPROVEMENTS: WITHIN REQUIREMENT (IF ANY)
Landscaping items -See attached bid $1 476
Asphalt - 870 sq.ft. @ $1.50 / sq.ft. _ $1,305
Concrete curbing - 40 lin.ft. @ $7.50 lin.ft. -Retaining wall - 10 lin.ft. @ $12 lin.ft. _ $420
$ 3.,201
LOSS IN VALUE TO REMAINDER: (SEVERANCE/MINOR DAMAGES-EXPLAIN)
None
COST TO CURE ITEMS: (EXPLAIN AND SUPPORT)
None
JUST COMPENSATION
SIGNATURE
$ 0
$ 0
$ 16, 026
SIGNATURE
DATE OF REPORT October 31, 2002 EFFECTIVE DATE OF REPORT September 24, 2002
''AGE #8
PROJECT MAP
Parcel 3 (City of Meridian)
Franklin Road (East ls` St. to Nola Rd.)
9~•y P;v , N': ;rya
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Proposed Acquisition (in blue):
17,311 Sq.Ft. (per Sheet 1 of plans)
Permanent Easement (in green):
1,300 Sq.Ft. (per Sheet 1 of plans)
Temporary Easement (in yellow):
225 Sq.ft. (per Sheet 1 of plans) -
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ACHD Project #501019
Franklin Road, Main to Nola
Parcel #3
T3N, R1 E, Section 18
APPRAISAL SUMMARY
MITIGATION OF DAMAGES
Exhibit "4"
S•
Take Area
• 17,311 Sq. Ft. @ $8.75 Sq. Ft .:............................................................... $151,471.25
Permanent Easement Area
• 1,300 Sq. Ft. @ $8.75 per Sq. Ft. @ 50% ............................................... $ 5,687.50
Temporary Easement Area
• 225 Sq. Ft. @ $8.75 per Sq. Ft. X 12% ................................................... $ 236.25 t,
Take Area Improvements
• Landscaping Items ..........................................................$15,595.00
• Fence (350 Ln. Ft. @ $9.90 Ln. Ft) .................................$ 3,465.00
• Gate (3' wide gate) ..........................................................$ 165.00
Total for Improvements ................................................................................$ 19,225.00
Total Fair Market Value .............................................................................$176,620.00
District will, at the expense of the project, remove the irrigation pump located at HS
108+70R and at that location connect proposed new 12"PVC to the existing line
extending south.
Contractor is to coordinate landscaping restoration with the Parks Superintendent, Mr. s~
Elroy Huff who can be reached at 888-3579.
SIIBJECT PHOTOGRAPHS (Photos taken December 24, 2002 by Albert w. ruu, iv~~
Parcel 3 (City of Meridian)
Franklin Road (East 181 to Nola Rd.}
Photo 1 -View west along Franklm xoaa irvnia~c ~1=~wu=~ r... ~-w- ----_------
(in red) and proximity to City of Meridian Chamber of Commerce building.
Photo 2 -View east along Franklin xoaa rt'oniage ~ll~Wll=~ ra==•~ ~~~~-~--____
(in red) and proximity to City of Meridian Chamber of Commerce building.
SUBJECT PHOTOGRAPHS (Photos taken December 24, 2002 by Albert W. Hill, MAI)
Parcel 3 (City of Meridian)
Franklin Road (East 1~` St. to Nola Rd.)
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Photo 4 -View east along Franklin Road frontage showing partial acquisition
(in red).
Photo 3 -View west along Franklin Road frontage showing partial acquisition
(in red) and permanent easement (in blue).