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14-1625 Conveyance of Real PropertyADA COUNTY RECORDER Christopher D. Rich 2014-082252 BOISE IDAHO Pgs=,K GAIL GARRETT 10/08/2014 12:51 PM MERIDIAN CITY `5 NO FEE 00028946201400822620060066 0 1 1 ''•1' � I 1. 1 1 ' 1 � .. I �. 1 1, I• I 1 • . 1 1 1 1,. WHEREAS, pursuant to Idaho Code 50-1401, the City Council has statutory authority to sell, exchange, or convey any real property owned by the city which is underutilized or which is not used for city public purposes; and, WHEREAS, when it is determined by the City Council to be in the City's best interest, the Council may by Ordinance duly enacted, authorize the transfer or conveyance of the real property to any tax supported governmental entity without compensation; and, WHEREAS, the proposed transaction would convey approximately 20,765 square feet of real property to the Ada County Highway District for right-of-way purposes; and, WHEREAS, a public hearing was held at the regular meeting of the Meridian City Council on October 7, 2014 and at the conclusion of said hearing, the City Council moved to approve the conveyance, subject to certain terms and conditions, and directed staff to bring forth this Ordinance authorizing the conveyance. NOW, THEREFORE, ORDAINED BY THE MAYOR,1. MERIDIAN,COUNCIL OF THE CITY OF IDAHO: Section 1. That a public hearing on the proposed conveyance was held at the October 7, 2014 meeting of the Meridian City Council. Section 2. That the City Council determined after the public hearing that the proposed conveyance is in the City's best interest and that the property should be transferred without compensation. Section 3. That the City Council has reviewed and approved the legal description of the proposed right-of-way attached hereto and incorporated herein. ORDINANCE AUTHORIZING CONVEYANCE OF PROPERTY - Page 1 of 5 Section 4. That the Mayor and City Clerk shall be authorized to execute and attest the Sale and Purchase Agreement attached hereto, a standard form warranty deed, and any other documents necessary to complete the conveyance authorized by this Ordinance. Section 5. That pursuant to the affirmative vote of one-half (1/2) plus one (1) of the Members of the full Council, the rule requiring two (2) separate readings by title and one (1) reading in full be, and the same is hereby, dispensed with, and accordingly, this Ordinance shall be in full force and effect upon its passage, approval and publication. PASSED by the City Council of the City of Meridian, Idaho, this q -"-day of October, 2014. APPROVED by the Mayor of the City of Meridian, Idaho, this _2�day of October, 2014. d ATEST: c �v �wE'tidj'�� aycee L. Holman, City Clerk Es r ORDINANCE AUTHORIZING CONVEYANCE OF PROPERTY - Page 2 of 5 r14j) I &C7__ Project Name: Ustick Road & Meridian Road Intersection Project: 313039 Name: City of Meridian & Meridian Parks and Recreation Commission ry Parcel No, i T4N, R11WW, Sec. 36 ADA COUNTY RECORDER Christopher D. Rich 2014-086529 TPN: , S c. 36 BOISE IDAHO Pgs=7 LISA BATT 10/23/2014 03:47 PM ACHD NO FEE 11i1II11I i 1111111111111111111 HEI IIII 1 111"1'11 00033566201400866290070078 PERMANENT EASEMENT THIS PERMANENT EASEMENT (the "Easement"), made and entered into this _q_ day of (, obeX , 2014 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 owns the real property located in Ada County, Idaho more particularly described on Exhibit "A" attached hereto and by this reference incorporated herein (hereinafter "Servient Estate"). 1.2 ACHD has jurisdiction over the public highways, including sidewalks, and public rights-of-way which adjoin and are adjacent to the Servient Estate (hereinafter the "Dominant Estate"). 1.3 ACHD desires to obtain an easement on, over and across the Servient Estate for the purposes hereinafter described, and, for the consideration and on the terms and conditions hereinafter set forth, GRANTOR is willing to grant such easement to ACHD. SECTION 2. Grant of Easement and Authorized Uses. GRANTOR hereby grants to ACHD a permanent exclusive easement over and across the Servient Estate for use by the public, including motorists, pedestrians and bicyclists, and the following uses and purposes: (a) placement of a Public Rights -of -Way as (as defined in Idaho Code, section 40-117); (b) construction, reconstruction, operation, maintenance and placement of a Highway (as defined in Idaho Code, section 40-109) and any other facilities or structures incidental to the preservation or improvement of the Highway; (c) statutory rights of ACHD, utilities and irrigation districts to use the Highway and/or Public Right - of -Way. Permanent Easement -1 (5/9/12) Project Name: Ustick Road & Meridian Road Intersection Project: 313039 Name: City of Meridian & Meridian Parks and Recreation Commission R/W Parcel No: 1 T4N, RIK Sec. 36 APN:SO436449680 SECTION 3. Permanent Easement; Covenants Run with the Land. This is a permanent easement. This Easement, and the covenants shall be a burden upon the Servient Estate and shall run with the land. The Easement and the covenants and agreements made herein shall inure to the benefit of and be binding upon, ACHD and GRANTOR, and Grantor's successors and assigns to the Servient Estate. SECTION 4. Appurtenant. The Easement herein granted is appurtenant to the Dominant Estate and a burden on the Servient Estate. SECTION 5. Maintenance. Upon acceptance of the Highway, ACHD shall maintain the physical integrity of this easement in good condition and repair and as required to satisfy all requirements of applicable laws, the policies of ACHD and sound engineering practices. The repair and maintenance of the physical integrity of the Easement shall be at the sole cost and expense of ACRD; provided if the damage to the physical integrity of the Easement is as a result of the activities of GRANTOR, GRANTOR'S guests, invitees, contractors or agents, the repair shall be at the sole cost and expense of GRANTOR. This Section shall not release GRANTOR'S obligation to provide routine maintenance required under any applicable state or local law, ordinance or regulation as to the pedestrian facilities that may be placed on the Servient Estate. SECTION 6. Indemnification. ACRD shall indemnify, save and hold 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 ACHD'S construction, use and maintenance of the Easement on the Servient Estate. SECTION 7. Recordation, This Easement shall be recorded in the Official Real Property Records of Ada County, Idaho. TO HAVE AND TO HOLD this Easement unto the ACHD forever. GRANTOR covenants to ACHD that ACHD shall enjoy the quiet and peaceful possession of the Servient Estate; and, GRANTOR warrants to ACHD that GRANTOR is lawfully seized and possessed of the Servient Estate and has the right and authority to grant this Easement to ACRD. IN WITNESS WHEREOF, the undersigned have caused this Easement to be executed the day, month and year first set forth above. Permanent Easement - 2 (5/9/12) Project Name: Ustick Road & Meridian Road Intersection Project: 313039 Name: City of Meridian & Meridian Parks and Recreation Commission R/W Parcel No: 1 T4N, R1 W, Sec. 36 APN:SO436449680 GRANTOR: City of Meridian, a municipal corporation _� r Tamm/ CIP N rd ATTEST: Tv ; r*' 4U,city Or E.P, T I- Ny-- IDI city TRI _..; STATE OF IDAHO ) ) ss. County of Ada ) �t, On this q day of [ (`.+she ✓ , 2014, before me, the undersigned, a Notary Public in and for the State of Idaho, personally appeared Tammy de Weerd and—'\Irw(ee Yd rylc�yq , known to me to be the Mayor and City Clerk, respectively, of the City of Meridian, Idaho, and who executed this instrument, and acknowledged to me that the City of Meridian executed the same. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day month and year in this certificate first above written. ft�) Not Publ (SEAL) �, Residing at: My commission expires: 0 The Ada County Highway District (ACHD) is committed to compliance with Title VI of the Civil Rights Act of 1964 and related regulations and directives. ACHD assures that no person shall on the grounds of race, color, national origin, gender, disability or age, be excluded from participation in, be denied the benefits of, or be otherwise subjected to discrimination under any ACHD service, program or activity. Permanent Easement - 3 (5/9/12) .) u ACHD Project: Ustick Road and Meridian Road ACRD Project No.: 313039 Owner of Record: City of Meridian Ada Co, Parcel No.: S0436449680 5.36, T.4 N., R.1 W., B.M. Parcel 1 Permanent Easement #1 - Requirement A parcel of land situated in the SE 1/4 of the SE 1/a of Section 36, Township 4 North, Range 1 West, Boise Meridian, Ada County, Idaho, and being a portion of the parcel described in the Warranty Deed recorded as Instrument Number 95070396 in the office of the Recorder, Ada County, Idaho, more particularly described as follows: COMMENCING at an found aluminum cap marking the southeast corner of said SE 1/a of the SE 1/a of Section 36 from which a brass cap marking the northeast corner of the SE 1/a of said Section 36 bears N 0°17'06" E a distance of 2658.38 feet; Thence N 0°17'06" E a distance of 807,76 feet along the east line of said SE 1/4 to a point; Thence leaving said east line N 89°08' 18" W a distance of 37.00 feet to the POINT OF BEGINNING. Thence S 0°51'42" W a distance of 4.13 feet to a point; Thence S 7''47'29" W a distance of 82.30 feet to a point; Thence N 89°00'34" W a distance of 24.17 feet to a point; Thence N 747'29" E a distance of 86.41 feet to a point; Thence S 89'08'18" E a distance of 23.67 feet to the POINT OF BEGINNING. Said described parcel contains 2,074 square feet or 0.048 acres and is subject to covenants, easements and restrictions of record. ACRD Project: Ustick Road and Meridian Road ACRD Project No.: 313039 Owner of Record: City of Meridian Ada Co. Parcel No.: S0436449680 5.36, T.4 N., R.1 W., B.M. Parcel 1 Permanent Easement #2 - Requirement A parcel of land situated in the SE 14 of the SE ba of Section 36, Township 4 North, Range 1 West, Boise Meridian, Ada County, Idaho, and being a portion of the parcel described in the Warranty Deed recorded as Instrument Number 95070396 in the office of the Recorder, Ada County, Idaho, more particularly described as follows: COMMENCING at an found aluminum cap marking the southeast corner of said SE 1/a of the SE 1/ of Section 36 from which a brass cap marking the northeast corner of the SE 1/ of said Section 36 bears N 0'17'06" E a distance of 2658.38 feet; Thence N 00°17'06" E a distance of 308.73 feet along the east line of said SE U4; Thence leaving said east line, N 89"08'19" W a distance of 53.00 feet to the POINT OF BEGINNING; Thence N 89108'18" W a distance of 4.00 feet to a point; Thence N 0`51'42" E a distance of 111.27 feet to a point; Thence S 89'08'18" E a distance of 4.00 feet a point; Thence S 0"51'42" W a distance 111.27 feet to the POINT OF BEGINNING. Said described parcel contains 445 square feet or 0.010 acres and is subject to covenants, easements and restrictions of record. MAO', !K77, H-51 7� Hio -7 M, ACHD Project: Ustick Road and Meridian Road ACRD Project No.: 313039 Owner of Record: City of Meridian Ada Co. Parcel No.: SO436449680 S.36, T.4 N., R.I W., B.M. Parcel 1 Permanent Easement #3 - Requirement A parcel of land situated in the SE 1/4 of the SE 1/a of Section 36, Township 4 North, Range 1 West, Boise Meridian, Ada County, Idaho, and being a portion of the parcel described in the Warranty Deed recorded as Instrument Number 95070396 in the office of the Recorder, Ada County, Idaho, more particularly described as follows: COMMENCING at an found aluminum cap marking the southeast corner of said SE 1/a of the SE 1/ from which a brass cap marking the southwest corner of the SE 1/a of said Section 36 bears N 89°20'08" W a distance of 2662.36 feet; Thence N 89°20'08" W a distance of 83.70 feet along the south line of said SE 1/4 of the SE 1/4 to a point; Thence leaving said south line N 0039'52" E a distance of 48.00 feet to a point to the northerly right-of-way of Ustick Road and the POINT OF BEGINNING, Thence N 89120'08" W a distance of 141.09 feet along said northerly right-of- way to a point; Thence leaving said northerly right-of-way, N 0"39'52" E a distance of 4.00 feet to a point; Thence S 89020'08" E a distance of 143.82 feet along a line parallel with and measuring 4.00 feet north of said northerly right-of-way to a point; Thence S 34°58'35" W a distance of 4.84 feet to the POINT OF BEGINNING. Said described parcel contains 570 square feet or 0.013 acres and is subject to covenants, easements and restrictions of record. PARCEL 1 USTICK ROAD AND MERIDIAN ROAD ACHD PROJECT NO,: 313039 OWNER: CITY OF MERIDIAN ASSESSOR PARCEL # SO436449680 LOCATED IN: S.36, T.4N., R.M., W., B.M., ADA CO. IDAHO NO SCALE ROW REOD. = 20,765 SF (0.477 AC.) PE #1 REOD. = 2,074 SF (0.048 AC.) PE #2 REOD. = 445 SF (0.010 AC.) PE #3 REOD. = 570 SF (0.013 AC•) 'r % 7 VA, S5'59'44"W 134.08' So'51'42"W 71.07' p08, Pq l 589'08'18"E 23.67' —� SO'51'42"W 4.13' N7'47'29"E 86.41' S7'47'29"W 82.30' N89'00'34"W 24.17' S2'01'43"W 283,35' S89'08'1 8"E 4.00' SO'51'42"W 111.27' NO'51'42"E 111.27" 36 31 N89'OB'18"W h SEC 1/4 COR• 1, BRASS CAP %� 53.00' 1 � r l l POB-PE#2 \i h 4 � 1 h h i S5'59'44"W r l 78.23' r h h dao � r 4 4 l SO'51'42"W h h r l 30 N6'34' -9"E N89'08'1 8"W - 37,00' , h h JSTICK ROAD l i r i S7'47'29"W 84.78' 1 S89' 20'08"E ip h n t h o 75.00' r� S34'58'35"W 1 NO -51'42"E 740.36' I i r r i i co r�1 NO'39 2" r 0 Q 35.42' Ln 4 _. _ - PE � (D h1 __ POB—PE3 �r #3 Z i < 83.70' 36 31 coy a N89'20'08"W-2662.36'------ Li 25 w M Ise POB -ROW I- CD 1 r � SO'51'42"W 135.43' Z N89'OB'18"W 1 N89'08'1 8"W 4.00' %� 53.00' 1 � POB-PE#2 \i � 1 i S5'59'44"W 78.23' 1 i dao � r SO'51'42"W r 139.88' 30 N6'34' -9"E 534'58'35'W 120.60' JSTICK ROAD 42.56' S89' 20'08"E NO' 51 ' 4 2"E 143.82' 75.00' S34'58'35"W r N89'20'08"W 4.84' i 141.09' N 45' 45' 17"E NO'39 2" 35.42' coy'—•._ 4 _. _ - PE 1e 5 __ POB—PE3 �r #3 S89'20 B"E 21.87' 36 T.4,N• 1 T. 3N, i NO _'39'52"E - r 48.00 83.70' 36 31 coy N89'20'08"W-2662.36'------ 5c,_oowk „PQ POB -ROW I- �I� Project Name: Ustick Road & Meridian Road Intersection Project: 313039 Name: City of Meridian & Meridian Parks and Recreation Commission R/W Parcel No: 1 T4N, RiW, Sec. 36 APN:SO436449680 THIS PERMANENT EASEMENT (the "Easement"), made and entered into this day of , 2014 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 owns the real property located in Ada County, Idaho more particularly described on Exhibit "A" attached hereto and by this reference incorporated herein (hereinafter "Servient Estate"). 1.2 ACHD has jurisdiction over the public highways, including sidewalks, and public rights-of-way which adjoin and are adjacent to the Servient Estate (hereinafter the "Dominant Estate"). 1.3 ACHD desires to obtain an easement on, over and across the Servient Estate for the purposes hereinafter described, and, for the consideration and on the terms and conditions hereinafter set forth, GRANTOR is willing to grant such easement to ACHD. SECTION 2. Grant of Easement and Authorized Uses. GRANTOR hereby grants to ACHD a permanent exclusive easement over and across the Servient Estate for use by the public, including motorists, pedestrians and bicyclists, and the following uses and purposes: (a) placement of a Public Rights -of -Way as (as defined in Idaho Code, section 40-117); (b) construction, reconstruction, operation, maintenance and placement of a Highway (as defined in Idaho Code, section 40-109) and any other facilities or structures incidental to the preservation or improvement of the Highway; (c) statutory rights of ACHD, utilities and irrigation districts to use the Highway and/or Public Right - of -Way. Permanent Easement - 1 (5/9/12) Project Name: Ustick Road & Meridian Road Intersection Project: 313039 Name: City of Meridian & Meridian Parks and Recreation Commission R/W Parcel No: 1 T4N, R1 W, Sec. 36 APN:S0436449680 SECTION 3. Permanent Easement• Covenants Run with the Land. This is a permanent easement. This Easement, and the covenants shall be a burden upon the Servient Estate and shall run with the land. The Easement and the covenants and agreements made herein shall inure to the benefit of and be binding upon, ACHD and GRANTOR, and Grantor's successors and assigns to the Servient Estate. SECTION 4. Appurtenant. The Easement herein granted is appurtenant to the Dominant Estate and a burden on the Servient Estate. SECTION 5. Maintenance. Upon acceptance of the Highway, ACHD shall maintain the physical integrity of this easement in good condition and repair and as required to satisfy all requirements of applicable laws, the policies of ACHD and sound engineering practices. The repair and maintenance of the physical integrity of the Easement shall be at the sole cost and expense of ACRD; provided if the damage to the physical integrity of the Easement is as a result of the activities of GRANTOR, GRANTOR'S guests, invitees, contractors or agents, the repair shall be at the sole cost and expense of GRANTOR. This Section shall not release GRANTOR'S obligation to provide routine maintenance required under any applicable state or local law, ordinance or regulation as to the pedestrian facilities that may be placed on the Servient Estate. SECTION 6. Indemnification. ACHD shall indemnify, save and hold 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 ACRD'S construction, use and maintenance of the Easement on the Servient Estate, SECTION 7. Recordation. This Easement shall be recorded in the Official Real Property Records of Ada County, Idaho. TO HAVE AND TO HOLD this Easement unto the ACRD forever. GRANTOR covenants to ACHD that ACRD shall enjoy the quiet and peaceful possession of the Servient Estate; and, GRANTOR warrants to ACHD that GRANTOR is lawfully seized and possessed of the Servient Estate and has the right and authority to grant this Easement to ACHD. IN WITNESS WHEREOF, the undersigned have caused this Easement to be executed the day, month and year first set forth above. Permanent Easement - 2 (5/9/12) Project Name: Ustick Road & Meridian Road Intersection Project: 313039 Name: City of Meridian & Meridian Parks and Recreation Commission R/W Parcel No: 1 T4N, RiW, Sec. 36 APN: SO436449680 GRANTOR: City of Meridian, a municipal corporation Mayor Tammy de Weerd ATTEST: By: , City Clerk STATE OF IDAHO ) ) ss. County of Ada ) On this _ day of , 2014, before me, the undersigned, a Notary Public in and for the State of Idaho, personally appeared Tammy de Weerd and , known to me to be the Mayor and City Clerk, respectively, of the City of Meridian, Idaho, and who executed this instrument, and acknowledged to me that the City of Meridian executed the same, IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day month and year in this certificate first above written. (SEAL) Notary Public for Idaho Residing at: My commission expires: The Ada County Highway District (ACRD) is committed to compliance with Title VI of the Civil Rights Act of 1964 and related regulations and directives. ACHD assures that no person shall on the grounds of race, color, national origin, gender, disability or age, be excluded from participation in, be denied the benefits of, or be otherwise subjected to discrimination under any AND service, program or activity. Permanent Easement - 3 (5/9/12) �US 01 'a l ACRID Project: Ustick Road and Meridian Road ACRID Project No.: 313039 Owner of Record: City of Meridian Ada Co. Parcel No.: SO436449680 S.36, T.4 N., R.I W., B. M. Parcel 1 Permanent Easement #1 - Requirement A parcel of land situated in the SE 114 of the SE 1/a of Section 36, Township 4 North, Range 1 West, Boise Meridian, Ada County, Idaho, and being a portion of the parcel described in the Warranty Deed recorded as Instrument Number 95070396 in the office of the Recorder, Ada County, Idaho, more particularly described as follows: COMMENCING at an found aluminum cap marking the southeast corner of said SE 1/4 of the SE 1/4 of Section 36 from which a brass cap marking the northeast corner of the SE'/ of said Section 36 bears N 0°17'06" E a distance of 2658.38 feet; Thence N 0°17'06" E a distance of 807.76 feet along the east line of said SE 'A to a point; Thence leaving said east line N 89'08'18" W a distance of 37.00 feet to the POINT OF BEGINNING. Thence S 0"51'42" W a distance of 4.13 feet to a point; Thence S 7"47'29" W a distance of 82.30 feet to a point; Thence N 89"00'34" W a distance of 24.17 feet to a point; Thence N 7'47'29" E a distance of 86.41 feet to a point; Thence S 89'08'18" E a distance of 23.67 feet to the POINT OF BEGINNING. Said described parcel contains 2,074 square feet or 0.048 acres and is subject to covenants, easements and restrictions of record. ACRD Project: Ustick Road and Meridian Road ACRD Project No.: 313039 Owner of Record: City of Meridian Ada Co. Parcel No.: S0436449680 5.36, T.4 N., R.1 W., B.M. Parcel 1 Permanent Easement #2 - Requirement A parcel of land situated in the SE 14 of the SE iia of Section 36, Township 4 North, Range 1 West, Boise Meridian, Ada County, Idaho, and being a portion of the parcel described in the Warranty Deed recorded as Instrument Number 95070396 in the office of the Recorder, Ada County, Idaho, more particularly described as follows: COMMENCING at an found aluminum cap marking the southeast corner of said SE 1/a of the SE I/ of Section 36 from which a brass cap marking the northeast corner of the SE 1/a of said Section 36 bears N 0"17'06" E a distance of 2658.38 feet; Thence N 00017'06" E a distance of 308.73 feet along the east line of said SE 1/4; Thence leaving said east line, N 89"08'18" W a distance of 53.00 feet to the POINT OF BEGINNING; Thence N 89'08'18" W a distance of 4.00 feet to a point; Thence N 0`51'42" E a distance of 111.27 feet to a point; Thence S 89008'18" E a distance of 4.00 feet a point; Thence S 0'51'42" W a distance 111.27 feet to the POINT OF BEGINNING. Said described parcel contains 445 square feet or 0.010 acres and is subject to covenants. easements and restrictions of rer.nrd. vpFy ACRD Project: Ustick Road and Meridian Road ACRD Project No.: 313039 Owner of Record: City of Meridian Ada Co. Parcel No.: SO436449680 S.36, T.4 N., R.1 W., B.M. Parcel 1 Permanent Easement #3 - Requirement A parcel of land situated in the SE 1/4 of the SE 1/a of Section 36, Township 4 North, Range 1 West, Boise Meridian, Ada County, Idaho, and being a portion of the parcel described in the Warranty Deed recorded as Instrument Number 95070396 in the office of the Recorder, Ada County, Idaho, more particularly described as follows: COMMENCING at an found aluminum cap marking the southeast corner of said SE 1/a of the SE 1/ from which a brass cap marking the southwest corner of the SE 1/ of said Section 36 bears N 89°20'08" W a distance of 2662.36 feet; Thence N 89120'08" W a distance of 83.70 feet along the south line of said SEI/4 of the SE 1/a to a point; Thence leaving said south line N 0039'52" E a distance of 48.00 feet to a point to the northerly right-of-way of Ustick Road and the POINT OF BEGINNING, Thence N 89°20'08" W a distance of 141.09 feet along said northerly right-of- way to a point; Thence leaving said northerly right-of-way, N 019'52" E a distance of 4.00 feet to a point; Thence S 89020'08" E a distance of 143.82 feet along a line parallel with and measuring 4.00 feet north of said northerly right-of-way to a point; Thence S 34°58'35" W a distance of 4.84 feet to the POINT OF BEGINNING. Said described parcel contains 570 square feet or 0.013 acres and is subject to covenants, easements and restrictions of record. PARCEL I USTICK ROAD AND MERIDIAN ROAD ACRD PROJECT NO,: 313039 OWNER: CITY OF MERIDIAN ASSESSOR PARCEL # S0436449680 LOCATED IN: S,36, T.4N, R.M., B.M., ADA CO, IDAHO NO SCALE ROW REOD, = 20,765 SF (0,477 AC.) PE #1 REOD. 2,074 SF (0,048 AC.) PE #2 REDO. 445 SF (0,010 AC.) PE #3 REOD, 570 SF (0.013 AC.) —MMMA, , C, 'a 4,00' /T 53,00' POB—PE#2 S5'59'44"W 134.08' SO'51'42"W 71,07"\ Pop- - -ql S89,08, 18"E 23.67' SO'51'42"W 4.13' N7'47'29"E 86.41' S7*47'29"W 82.30' N89*00'34"W 24.17' S2'01'43"W 283,35' 589'08' 18 SO'51'42"W 111.27' NO'51'42"E 111.27" 36 31 SEC 1/4 COR, BRASS CAP N89'08'1 8"W 37,00' S7'47'29"W i 84.76' CC) 25' 1 NO'5 1'42"E 740,36' 0 < C6 Lo Co W LJ m (D 50'51'42"W 135.4,3' N59,08, 18"w N 89'08'18"W 4,00' /T 53,00' POB—PE#2 S5'59'44"W 78.23' SO'51'42"W 139.88'NW34'19"E 0 S34'58"35"W 120.60' JISTICK ROAD 42,56' S89'20'08"E_N0*5 1'42"E 143.82' 75,00' S34'58'35"W N89'20'08"W 4.84' 141,09' N45*45'1 7"E NO'39'52"E 35 .42' 4,00 P 1 Am POB—PE#3 589'20'08"E 21.87' 36T 4 N NO'39'52"E 8.00 7 0' 36 31 co�k. --- N89'20'08"W-2662.36 - ------ 1 6 Sl -!r- \W%A -,w �i wwla POB—ROW Project Name: Ustick Road & Meridian Road Intersection Project: 313039 Name: City of Meridian & Meridian Parks and Recreation Commission R/W Parcel No: 1 T4N, RIK Sec. 36 APN: SO436449680 SALE AND PURCHASE AGREEMENT (Partial Acquisition) THIS SA - A . D PURCHASE AGREEMENT (the "Agreement") is made and entered into this aq(� K day of , 2014, by and between City of Meridian, a municipal corporation, ("Seller") and Ada County Highway District ("ACHD"); 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 "ACHD" shall refer to ADA COUNTY HIGHWAY DISTRICT, a body politic and corporate of the state of Idaho whose address is 3775 Adams Street, Garden City, Idaho 83714, and the person to contact at ACHD is Barbara Burton, whose telephone number is (208) 387-6275. (b) The term "Closing Date" shall mean within 30 days of title clearance but in no case later than one year past the day, month and year first above written; 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. The Closing Date may also be extended, and in either event the Closing Date shall then mean such rescheduled date. (c) The term "Deed" shall mean the real property as described on Exhibit "A" to the Deed. (d) The term "Easement" shall mean collectively the Permanent Easement and the Temporary Easement(s) as described and/or depicted on Exhibit "A" to the Easement(s). (e) The term "Hazardous Materials" shall mean any substance, material, or waste which is regulated as hazardous by any federal, state or local governmental authority. (f) The term "Project" shall refer to the highway improvement program being undertaken by ACHD internally known as Project Number 313039 and commonly known as the Ustick Road & Meridian Road Intersection. (g) The term "Property" shall refer to the real property described on the Exhibit "A" attached to the Deed. Page 1 of 5 Project Name: Ustick Road & Meridian Road Intersection Project: 313039 Name: City of Meridian & Meridian Parks and Recreation Commission R/W Parcel No:1 T4N, R1W, Sec, 36 APN: SO436449680 (h) 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. (i) The term "Seller" refers to the above-named Seller whose telephone number is 208 898- 5506. SECTION 2. Recitals. 2.1 ACHD 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 acquire public right-of-way and 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 set forth in the Easement, 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 ACHD and settle such damage claims, if any. SECTION 3. Agreement to Sell and Purchase Property and Grant Easement(s) 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 ACHD, and ACHD hereby agrees to purchase the Property, subject to the Exceptions to Title, and acquire the rights set forth in the Easement(s) from Seller. SECTION 4. 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 any eligible business located thereon by reason of: (i) its severance from the Property, (ii) the Easement thereon, and (iii) the construction of the Project on the Property and Easement Area in the manner proposed by ACHD, and that this payment is in full settlement of all claims, demands and causes of action Seller may have against ACHD 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 and/or 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 Easement thereon, and (iii) the construction of the Project on the Property and Easement Area in the manner proposed by ACHD. Notwithstanding the foregoing, Seller may pursue any and all claims for loss, injury, death and damage caused by, arising out of or resulting from ACHD's use of the Property and Easement Area during construction, including, without limitation, attorney's fees and costs Page 2 of 5 Project Name: Ustick Road & Meridian Road Intersection Project: 313039 Name: City of Meridian & Meridian Parks and Recreation Commission R/W Parcel No: 1 T4N, R1 W, Sec. 36 APN:SO436449680 that might be incurred by Seller in pursuing any such claims. It is agreed that the provisions of this section will survive the closing under this Agreement. SECTION 5. Purchase Price; Closing; Possession. 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 Easement and for any severance or business damages to the Remaining Property of Seller is Zero Dollars and Zero Cents ($0.00). 5.2 The closing under this Agreement shall take place at the offices of ACHD on the Closing Date, by the delivery to Seller of ACHD's check made payable to Seller in the amount of the purchase price in return for the delivery to ACHD of the Deed and/or the Easement, each duly executed by Seller and acknowledged in form suitable for recording. 5.3 ACHD shall be entitled to possession of the Property and the Easement Area as provided in the Easement on and following the date this Agreement is executed, and upon the following terms and conditions: (a) On and after possession, ACHD shall have full and unrestricted authority and right to enter upon the Property and the Easement Area and to make full use of the Property for any lawful purpose, including but not limited to, construction of the Project thereon. (b) In the event that the parties are unable to close for any reason, on the Closing Date or any date thereafter, ACHD shall retain full and unrestricted possession and use of the Property and the Easement Area pending commencement of an action for specific performance and any final order therein or pending commencement of an action for condemnation by ACRD and issuance of an order by the court granting ACHD possession of the Property pursuant to Idaho Code § 7-721. (c) Possession of the Property and the Easement Area by ACHD under this Section 5.3 and before the date the Deed and/or Easement is recorded is intended to give ACHD the right of possession and it does not establish a Landlord -Tenant relationship between Seller and ACHD. 5.4 At its sole discretion, ACHD may elect to close the transaction through a title company. Notification of title closing will be given to seller in writing. SECTION 6. Hazardous Materials Warranty. 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 disposed of any Hazardous Materials under, in, or about the Property. This warranty shall not be merged into the Deed and shall survive the closing under this Agreement. SECTION 7. 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. Page 3 of 5 Project Name: Ustick Road & Meridian Road Intersection Project: 313039 Name: City of Meridian & Meridian Parks and Recreation Commission RM Parcel No:1 T4N, RIK Sec. 36 APN: SO436449680 SECTION 8. Attorneys' Fees. In any action arising under this Agreement, the unsuccessful party therein agrees to reimburse the prevailing party for its reasonable attorneys' fees expended or incurred in connection therewith and in connection with any appeal, and the same may be included in the judgment. SECTION 9. Incorporation of Exhibits. It is agreed that all exhibits related to this Agreement are incorporated by reference and made a part of the terms, provisions and covenants of this Agreement. SECTION 10. 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 11. Time of Essence. Time is of the essence of this Agreement. SECTION 12. Entire Agreement. This Agreement and the Exhibits referenced in this agreement constitute the entire understanding between the parties with respect to this transaction, and all prior or contemporaneous agreements, understandings, representations, and statements, oral or written, are merged into this Agreement. SECTION 13. 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. SECTION 14. Warranty of Authority to Execute. 14.1 The person(s) executing this Agreement on behalf of ACHD represent(s) and warrant(s) due authorization to do so on behalf of ACRD, and that upon execution of this Agreement on behalf of ACHD, the same is binding upon, and shall inure to the benefit of, ACRD. 14.2 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. IN WITNESS WHEREOF, the parties hereto have executed this Agreement the day and year first above written. SELLER: City of Meridian, a municipal corporation By: Its: By: Its: Page 4 of 5 Project Name: Ustick Road & Meridian Road Intersection Project: 313039 Name: City of Meridian & Meridian Parks and Recreation Commission R/W Parcel No:1 T4N, R1W, Sec. 36 APN: S0436449680 ADA COUNTY I HW Y DISTRICT• David Serdar Right -of -Way Supervisor 'Barbara Burton Sr. Right -of -Way Agent The Ada County Highway District (ACHD) is committed to compliance with Title VI of the Civil Rights Act of 1964 and related regulations and directives. ACHD assures that no person shall on the grounds of race, color, national origin, gender, disability or age, be excluded from participation in, be denied the benefits of, or be otherwise subjected to discrimination under any ACHD service, program or activity. Page 5 of 5 Project Name: Ustick Road & Meridian Road Intersection Project: 313039 Name: City of Meridian & Meridian Parks and Recreation Commission R/W Parcel No: 1 T4N, R1 W, Sec. 36 APN:SO436449680 THIS SALE AND PURCHASE AGREEMENT (the "Agreement") is made and entered into this day of , 2014, by and between City of Meridian, a municipal corporation, ("Seller") and Ada County Highway District ("ACHD"); 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 "ACHD" shall refer to ADA COUNTY HIGHWAY DISTRICT, a body politic and corporate of the state of Idaho whose address is 3775 Adams Street, Garden City, Idaho 83714, and the person to contact at ACHD is Barbara Burton, whose telephone number is (208) 387-6275. (b) The term "Closing Date" shall mean within 30 days of title clearance, but in no case later than one year past the day, month and year first above written; 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. The Closing Date may also be extended, and in either event the Closing Date shall then mean such rescheduled date. (c) The term "Deed" shall mean the real property as described on Exhibit "A" to the Deed. (d) The term "Easement" shall mean collectively the Permanent Easement and the Temporary Easement(s) as described and/or depicted on Exhibit "A" to the Easement(s). (e) The term "Hazardous Materials" shall mean any substance, material, or waste which is regulated as hazardous by any federal, state or local governmental authority. (f) The term "Project" shall refer to the highway improvement program being undertaken by ACHD internally known as Project Number 313039 and commonly known as the Ustick Road & Meridian Road Intersection. (g) The term "Property" shall refer to the real property described on the Exhibit "A" attached to the Deed. Page 1 of 5 Project Name: Ustick Road & Meridian Road Intersection Project: 313039 Name: City of Meridian & Meridian Parks and Recreation Commission R/W Parcel No: 1 T4N, R1W, Sec. 36 APN:SO436449680 (h) 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. (i) The term "Seller" refers to the above-named Seller whose telephone number is 208 898- 5506. SECTION 2. Recitals. 2.1 ACHD 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 acquire public right-of-way and 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 set forth in the Easement, 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 Property and Grant Easement(s). 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 Easement(s) from Seller. SECTION 4. 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 any eligible business located thereon by reason of: (i) its severance from the Property, (ii) the Easement thereon, and (iii) the construction of the Project on the Property and Easement Area 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 ACHD 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 and/or 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 Easement thereon, and (iii) the construction of the Project on the Property and Easement Area in the manner proposed by ACHD. Notwithstanding the foregoing, Seller may pursue any and all claims for loss, injury, death and damage caused by, arising out of or resulting from ACHD's use of the Property and Easement Area during construction, including, without limitation, attorney's fees and costs Page 2 of 5 Project Name: Ustick Road & Meridian Road Intersection Project: 313039 Name: City of Meridian & Meridian Parks and Recreation Commission R/W Parcel No: 1 T4N, R1 W, Sec, 36 APN:S0436449680 that might be incurred by Seller in pursuing any such claims. It is agreed that the provisions of this section will survive the closing under this Agreement. SECTION 5. Purchase Price; Closing; Possession. 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 Easement and for any severance or business damages to the Remaining Property of Seller is Zero Dollars and Zero Cents ($0.00). 5.2 The closing under this Agreement shall take place at the offices of ACHD on the Closing Date, by the delivery to Seller of ACHD's check made payable to Seller in the amount of the purchase price in return for the delivery to ACHD of the Deed and/or the Easement, each duly executed by Seller and acknowledged in form suitable for recording. 5.3 ACHD shall be entitled to possession of the Property and the Easement Area as provided in the Easement on and following the date this Agreement is executed, and upon the following terms and conditions: (a) On and after possession, ACHD shall have full and unrestricted authority and right to enter upon the Property and the Easement Area and to make full use of the Property for any lawful purpose, including but not limited to, construction of the Project thereon. (b) In the event that the parties are unable to close for any reason, on the Closing Date or any date thereafter, ACHD shall retain full and unrestricted possession and use of the Property and the Easement Area pending commencement of an action for specific performance and any final order therein or pending commencement of an action for condemnation by ACHD and issuance of an order by the court granting ACHD possession of the Property pursuant to Idaho Code § 7-721. (c) Possession of the Property and the Easement Area by ACHD under this Section 5.3 and before the date the Deed and/or Easement is recorded is intended to give ACHD the right of possession and it does not establish a Landlord -Tenant relationship between Seller and ACHD. 5.4 At its sole discretion, ACHD may elect to close the transaction through a title company. Notification of title closing will be given to seller in writing. SECTION 6. Hazardous Materials Warranty. 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 disposed of any Hazardous Materials under, in, or about the Property. This warranty shall not be merged into the Deed and shall survive the closing under this Agreement. SECTION 7. 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. Page 3 of 5 Project Name: Ustick Road & Meridian Road Intersection Project: 313039 Name: City of Meridian & Meridian Parks and Recreation Commission R/W Parcel No: 1 T4N, R1 W, Sec. 36 APN: SO436449680 SECTION 8. Attorneys' Fees. In any action arising under this Agreement, the unsuccessful party therein agrees to reimburse the prevailing party for its reasonable attorneys' fees expended or incurred in connection therewith and in connection with any appeal, and the same may be included in'the judgment. SECTION 9. Incorporation of Exhibits. It is agreed that all exhibits related to this Agreement are incorporated by reference and made a part of the terms, provisions and covenants of this Agreement. SECTION 10. 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 11. Time of Essence. Time is of the essence of this Agreement. SECTION 12, Entire Agreement. This Agreement and the Exhibits referenced in this agreement constitute the entire understanding between the parties with respect to this transaction, and all prior or contemporaneous agreements, understandings, representations, and statements, oral or written, are merged into this Agreement. SECTION 13, 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. SECTION 14. Warranty of Authority to Execute. 14.1 The person(s) executing this Agreement on behalf of ACHD represent(s) and warrant(s) due authorization to do so on behalf of ACRD, and that upon execution of this Agreement on behalf of ACHD, the same is binding upon, and shall inure to the benefit of, ACHD. 14.2 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. IN WITNESS WHEREOF, the parties hereto have executed this Agreement the day and year first above written. SELLER: City of Meridian, a municipal corporation By: Its: By: Its: Page 4 of 5 Project Name: Ustick Road & Meridian Road Intersection Project: 313039 Name: City of Meridian & Meridian Parks and Recreation Commission R/W Parcel No: 1 T4N, R1 W, Sec. 36 APN:SO436449680 David Serdar Right -of -Way Supervisor Barbara Burton Sr. Right -of -Way Agent The Ada County Highway District (ACRD) is committed to compliance with Title VI of the Civil Rights Act of 1964 and related regulations and directives. ACHD assures that no person shall on the grounds of race, color, national origin, gender, disability or age, be excluded from participation in, be denied the benefits of, or be otherwise subjected to discrimination under any ACHD service, program or activity. Page 5 of 5 Project Name: Ustick Road & Meridian Road Intersection Project: 313039 Name: City of Meridian & Meridian Parks and Recreation Commission R/WP IN'1 arce o. ADA COUNTY RECORDER Christopher D. Rich 2014-086528 T4N, R1 W, Sec. 36 BOISE IDAHO Pgs=5 LISA BATT 10/23/2014 03:47 PM APN: SO436449680 ACHD NO FEE 00033564201400866280060057 �• •---....,......,........,. -y , --1-11 WARRANTY DEED THIS INDENTURE, made this _ day of '� , 2014, City of Meridian, a municipal corporation, 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 all and singular the buildings, structures, improvements and fixtures thereto, the tenements, hereditaments and appurtenances thereunto belonging or in anywise appertaining, the reversion and reversions, remainder and remainders, and rents, issues and profits thereof (the "Premises"). SUBJECT TO those exceptions to title to which this conveyance is expressly made subject, and those made, suffered or done by the GRANTEE: (a) the GRANTOR covenants to the GRANTEE, its successors and assigns, that the GRANTEE shall enjoy the quiet and peaceful possession of the Premises; and (b) GRANTOR warrants to the GRANTEE, its successors and assigns, that GRANTOR is the owner of said Premises in fee simple and has the right and authority to convey the same to GRANTEE, and GRANTOR will defend the GRANTEE's title from all lawful claims whatsoever. The current address of the GRANTEE is: Ada County Highway District 3775 Adams Street Garden City, Idaho 83714-6499 The Ada County Highway District (ACRD) is committed to compliance with Title VI of the Civil Rights Act of 1964 and related regulations and directives. ACHD assures that no person shall on the grounds of race, color, national origin, gender, disability or age, be excluded from participation in, be denied the benefits of, or be otherwise subjected to discrimination under any ACHD service, program or activity. WD - Page 1 of 2 Version: 5/22/08 Project Name: Ustick Road & Meridian Road Intersection Project: 313039 Name: City of Meridian & Meridian Parks and Recreation Commission R/W Parcel No: 1 T4N, R1 W, Sec. 36 APN:S0436449680 IN WITNESS WHEREOF, this WARRANTY DEED has been duly executed by the GRANTOR, the day, month and year herein first above written. Grantor: City of Meridian, a municipal corporation J�ZAe Tu,1Uc,� ATTEST: y rI Cit}' of E By• , SEAL STATE OF IDAHO ) ss. County of Ada ) 'v'' On this J day of C C k- be-✓ , 2014, before me, the undersigned, a Notary Public in and for the State of Idaho, personally appeared Tammy de Weerd and known to me to be the Mayor and City Clerk, respectively, of the City of Meridian, Idaho, and who executed this instrument, and acknowledged to me that the City of Meridian executed the same. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day month and year in this certificate first above written. SEAL x` l ), t t t � Notary Public for'Idaho Hebiding at: My commission expires The Ada County Highway District (ACRD) is committed to compliance with Title VI of the Civil Rights Act of 1964 and related regulations and directives. AND assures that no person shall on the grounds of race, color, national origin, gender, disability or age, be excluded from participation in, be denied the benefits of, or be otherwise subjected to discrimination under any AND service, program or activity. WD - Page 2 of 2 Version: 5/22/08 ACHD Project: Ustick Road and Meridian Road ACRD Project No.: 313039 Owner of Record: City of Meridian Ada Co. Parcel No.: SO436449680 S.36, T.4 N., R.I W., B.M. Parcel 1 Right -of -Way Requirement A parcel of land situated in the SE 1/ of the SE 1/40f Section 36, Township 4 North, Range 1 West, Boise Meridian, Ada County, Idaho, and being a portion of the parcel described in the Warranty Deed recorded as Instrument Number 95070396 in the ffice of the Recorder, Ada County, Idaho, more particularly described as follows: COMMENCING at an found aluminum cap marking the southeast corner of said SE 1/ of the SE 1/ from which a brass cap marking the northeast corner of the SE 1/a of said Section 36 bears N 0°17'06" E a distance of 2658.38 feet; Thence N 89°20'08" W a distance of 83.70 feet along the south line of said SE U of the SE 1/ to a point; Thence leaving said south line N 0°39'52" E a distance of 48.00 feet to a point on the northerly right-of-way of Ustick Road as described in the Warranty Deed recorded as Instrument Number 106002090 in the office of the Recorder of said County, said point being the POINT OF BEGINNING. Thence along the northerly and westerly boundary described in last said Warranty Deed the following courses: Thence S 89°20'08" E a distance of 21.87 feet to a point; Thence N 4545'17" E a distance of 35.42 feet to a point; Thence N 00°51'42" E a distance of 75.00 feet to a point; Thence N 06°34' 19" E a distance of 120.60 feet to a point lying 25.00 feet west of the east line of said SE 1/a of the SE 1/a, said point being on the westerly right-of-way of Meridian Road; Thence leaving the westerly boundary described in last said Warranty Deed, N 0°51'42" E a distance of 740.36 feet along the westerly right-of-way of Meridian Road; Thence leaving said westerly right-of-way, S 5°59'44" W a distance of 134.08 feet to a point; Thence S 0051'42" W a distance of 71.07 feet to a point; Page 2, continued ACHD Project: Ustick Road and Meridian Road ACHD Project No.: 313039 Owner of Record: City of Meridian Ada Co. Parcel No.: 50436449680 5.36, T.4 N., R.I W., B.M. Parcel 1 Right -of -Way Requirement Thence S 7°47'29" W a distance of 84.78 feet to a point; Thence S 2°01'43" W a distance of 283.35 feet to a point; Thence S 0"51'42" W a distance of 135.43 feet to a point; Thence S 5059'44" W a distance of 78.23 feet to a point; Thence S 0'51'42" W a distance of 139.88 feet to a point; Thence S 34`58'35" W a distance of 42.56 feet to the POINT OF BEGINNING. Said described parcel contains 20,765 square feet or 0.477 acres and is subject to covenants, easements and restrictions of record. fix` iFT-n- 74 i"l_-_;m.-l'Tlxi-ll PARCEL 1 36 31 SEC t/4 COR. BRASS CAP USTICK ROAD AND MERIDIAN ROAD +, ACHD PROJECT NO.: 313039 55534)�� OWNER: CITY OF MERIDIAN �1 ASSESSOR PARCEL # SO436449680 50'51'42"4V 71.07' , +, LOCATED IN: 5.36, T.4N., R.M., W., B.M., ADA CO. IDAHO S89'08'18"E N89-08'1 8"W 23.67' 37.00' , SO'S1'42"W i 4.13' j + S7'47'29"W N7'47'29"E wI I 84.7 8' 1 86.41' S7'47'29"W L r` i 82.30' r m 't N89'00'34"W 24.17' N0'51'42"E i 740.36' I 52'01'43"W , + I 283.35' NO SCALE Co r�1 ' Q CO Q In ROW REQD, = 20,765 SF a: N (0.477 AC.) , Q j o PE #1 REQD, = 2,074 SF S89'08'1 8"E 4.00' I � LL) 25' (0.048 AC,) � z PE #2 REQD. = 445 SF SO'51'42"W 111,27' (0.010 AC) w � � SO'51'42"W PE {j3 REQD. = 570 SF NO'S 1'42"E 111 27,�-�-- 135.43' Q z (0.013 AC,) I N89-08'1 8"W' N89,08,18"w I / 53.00' 4.0,00' ® 1 � POB-PE#2 r , 55'59'44"W rr f 78.23' r o r p yp �? Ay �/ 50'51'42"W N6'34' -9"E 139.88' 3 b ID*� o S34'58'35"W 120.60 USTICK ROAD 42.56' r S89' 20'08 "E NO' S1 ' 42"E 143.82' 75.00' 534'58'35"W N89'20.08"W 4.84' ADA COUNTY NO'39'52"E 141.09' 4.00' N45'45'1 7"E 35.42' ' �HWAY DISTRICT %g54 "" �+ S89'2008"E 775 ADAMS STREET POB-PEP3 # + 21.87' ZDEN CITY, t0AH0 83714 36 T. 4. _ �— NO _'39'52"E - + 83.70' 36 3 1 SURVEY SECTION 208-387-6245--- t T.3N, 48,00 _ Baa N89'20'08"W-2662.36'---------�� MARCH 2014 POB—ROW 3 uj -- wax Project Name: Ustick Road & Meridian Road Intersection Project: 313039 Name: City of Meridian & Meridian Parks and Recreation Commission R/W Parcel No: 1 T4N, R1 W, Sec. 36 APN:SO436449680 (Reserved for Ada County Recorder) THIS INDENTURE, made this day of , 2014, City of Meridian, a municipal corporation, 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 all and singular the buildings, structures, improvements and fixtures thereto, the tenements, hereditaments and appurtenances thereunto belonging or in anywise appertaining, the reversion and reversions, remainder and remainders, and rents, issues and profits thereof (the "Premises"). SUBJECT TO those exceptions to title to which this conveyance is expressly made subject, and those made, suffered or done by the GRANTEE: (a) the GRANTOR covenants to the GRANTEE, its successors and assigns, that the GRANTEE shall enjoy the quiet and peaceful possession of the Premises; and (b) GRANTOR warrants to the GRANTEE, its successors and assigns, that GRANTOR is the owner of said Premises in fee simple and has the right and authority to convey the same to GRANTEE, and GRANTOR will defend the GRANTEE's title from all lawful claims whatsoever. The current address of the GRANTEE is: Ada County Highway District 3775 Adams Street Garden City, Idaho 83714-6499 The Ada County Highway District (ACHD) is committed to compliance with Title VI of the Civil Rights Act of 1964 and related regulations and directives. ACHD assures that no person shall on the grounds of race, color, national origin, gender, disability or age, be excluded from participation in, be denied the benefits of, or be otherwise subjected to discrimination under any ACHD service, program or activity. WD - Page 1 of 2 Version: 5/22/08 Project Name: Ustick Road & Meridian Road Intersection Project: 313039 Name: City of Meridian & Meridian Parks and Recreation Commission R/W Parcel No: 1 T4N, R1W, Sec. 36 APN: SO436449680 IN WITNESS WHEREOF, this WARRANTY DEED has been duly executed by the GRANTOR, the day, month and year herein first above written. Grantor: City of Meridian, a municipal corporation Mayor Tammy de Weerd ATTEST: By: , City Clerk STATE OF IDAHO ) ) ss. County of Ada ) On this _ day of , 2014, before me, the undersigned, a Notary Public in and for the State of Idaho, personally appeared Tammy de Weerd and , known to me to be the Mayor and City Clerk, respectively, of the City of Meridian, Idaho, and who executed this instrument, and acknowledged to me that the City of Meridian executed the same. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day month and year in this certificate first above written. (SEAL) Notary Public for Idaho Residing at: My commission expires: The Ada County Highway District (ACRD) is committed to compliance with Title VI of the Civil Rights Act of 1964 and related regulations and directives. ACHD assures that no person shall on the grounds of race, color, national origin, gender, disability or age, be excluded from participation in, be denied the benefits of, or be otherwise subjected to discrimination under any ACHD service, program or activity. WD- Page 2of2 Version: 5/22/08 { ;h ly >c1 '''XNAk ACHD Project: Ustick Road and Meridian Road ACHD Project No.: 313039 Owner of Record: City of Meridian Ada Co. Parcel No.: SO436449680 S.36, T.4 N., R.1 W., B.M. Parcel 1 Right -of -Way Requirement A parcel of land situated in the SE 1/a of the SE 1/a of Section 36, Township 4 North, Range I West, Boise Meridian, Ada County, Idaho, and being a portion of the parcel described in the Warranty Deed recorded as Instrument Number 95070396 in the ffice of the Recorder, Ada County, Idaho, more particularly described as follows: COMMENCING at an found aluminum cap marking the southeast corner of said SE 1/ of the SE 1/ from which a brass cap marking the northeast corner of the SE 1/4 of said Section 36 bears N 0°17'06" E a distance of 2658.38 feet; Thence N 89°20'08" W a distance of 83.70 feet along the south line of said SE U4 of the SE 1/ to a point; Thence leaving said south line N 0°39'52" E a distance of 48.00 feet to a point on the northerly right-of-way of Ustick Road as described in the Warranty Deed recorded as Instrument Number 106002090 in the office of the Recorder of said County, said point being the POINT OF BEGINNING. Thence along the northerly and westerly boundary described in last said Warranty Deed the following courses: Thence S 89°20'08" E a distance of 21.87 feet to a point; Thence N 45'45'17" E a distance of 35.42 feet to a point; Thence N 00°51'42" E a distance of 75.00 feet to a point; Thence N 06°34' 19" E a distance of 120.60 feet to a point lying 25.00 feet west of the east line of said SE 1/a of the SE'/, said point being on the westerly right-of-way of Meridian Road; Thence leaving the westerly boundary described in last said Warranty Deed, N 0°51'42" E a distance of 740.36 feet along the westerly right-of-way of Meridian Road; Thence leaving said westerly right-of-way, S 5059'44" W a distance of 134.08 feet to a point; Thence S 0°51'42" W a distance of 71.07 feet to a point; AV 54 , ,;-' me?,..,::. �-..� t . luau, Page 2, continued ACRD Project: Ustick Road and Meridian Road ACRD Project No.: 313039 Owner of Record: City of Meridian Ada Co. Parcel No.: SO436449680 S.36, T.4 N., R.1 W., B.M. Parcel 1 Right -of -Way Requirement Thence S 7147'29" W a distance of 84.78 feet to a point; Thence S 2°01'43" W a distance of 283.35 feet to a point; Thence S 0"51'42" W a distance of 135.43 feet to a point; Thence S 5"59'44" W a distance of 78.23 feet to a point; Thence S 0'51'42" W a distance of 139.88 feet to a point; Thence S 34"58'35" W a distance of 42.56 feet to the POINT OF BEGINNING. Said described parcel contains 20,765 square feet or 0.477 acres and is subject to covenants, easements and restrictions of record. PARCEL 1 USTICK ROAD AND MERIDIAN ROAD ACHD PROJECT NO.: 313039 OWNER: CITY OF MERIDIAN ASSESSOR PARCEL # S0436449680 LOCATED IN: S.36, T.4N., R.1 W., B.M., ADA CO. IDAHO NO SCALE ROW READ, = 20,765 SF (0,477 AC.) PE #1 RECD. = 2,074 SF (0,048 AC.) PE #2 RECD. 445 SF (0,010 AC.) PE #3 REOD, 570 SF (0.013 AC.) S5'59'44"W 134,08' SO'5 V4 2 "W 71.07' S89'08' 18"E 23,67' SO'51'42"W 4.13' N7'47'29"E 86,41' S7'47'29"W 82.30' N89'00'34"W 24.17' S2'01'43"W 283,35' S89'08'1 8"E 4,00' SO'5 V4 2 "W 111,27' NO*5 1'42"E 111.27 N89'08' 18"W 4,00' o6w N Rm- N US r r A 36 31 SEC 1/4 COR. BRASS CAP N89'08'1 8"W 37,00' S7'47'2q"W 84.78' ri o 25'1 NO*5 1'42"E 740,36' I SO'51'42"W 135.43' N89'08'1 8"W 53,00' POB-PE#2 S5*59'44"W 78.23' L SO*51'42"W 139,88' N6'34",9 "E 0 534'58'35"W 120.60* JSTICK ROAD 42.56' S89'20'08"E NO*51'42"E 143.82' 75.00' 534*58'35"W N69'20'08"W 4.84' 141.09' NQ'39'52"E N45*45'1 7"E 35.42' 4.00' pi.I / ov - - — - — — -- POB-PE#3 S89'20'08"E 21.87' 36I 1 NO'39'52"E 7 0' 3 8.00 - I 31 Go, --- N89*20'08"W-2662,36 - ------ 1 6 tr- .o ('w POB -ROW Project Name: Ustick Road & Meridian Road Intersection Project: 313039 Name: City of Meridian & Meridian Parks and Recreation Commission R/W Parcel No:1 T4N, R1 W, Sec. 36 APN:SO436449680 TEMPORARY CONSTRUCTION EASEMENT THIS INDENTURE, made this _`day of , 2014, by and between, City of Meridian, a municipal corporation, hereinafter "GRANTOR", and Ada County Highway District, a body politic and corporate of the State of Idaho, hereinafter "ACHD"; WITNESSETH: FOR VALUE RECEIVED, and for the term and uses and on the terms and conditions hereinafter set forth, GRANTOR does hereby grant to ACHD an easement (the "Easement") under, over, through and across that certain real property owned by GRANTOR situated in the COUNTY OF ADA, STATE OF IDAHO more particularly described/depicted on Exhibit "A" attached hereto and by this reference made a part hereof (the "Servient Estate"). This grant is made on the following terms: 1. Authorized Uses By ACRD. ACHD's use of the Easement granted herein shall be in connection with the construction and improvement of a highway on adjoining and abutting property owned by ACHD municipally known as Ustick Road & Meridian Road, (the "Dominant Estate"), for access and egress for equipment and vehicles, for construction, excavation, storage of earth and other materials thereon, for surveying, and for all other reasonable uses that are necessary, advisable or convenient to ACHD in connection with such highway construction and improvement project, and for ingress and egress to and from the Dominant Estate. 2. Use by Others Under ACHD. ACHD's right to so use the Servient Estate during the term of the Easement shall extend touse by ACHD's Commissioners, employees, contractors and agents. 3. Term. This Easement shall be for a term commencing on the date of the 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 ACHD hereunder shall cease and terminate and this Easement shall be null and void and of no further force and effect. 4. Indemnification. ACHD hereby agrees to indemnify and hold GRANTOR harmless from and against any and all claims for loss, injury, death and damage caused by or arising out of the use of the Servient Estate by ACHD, its Commissioners, employees, contractors and agents, hereunder, and including, without limitation, attorney's fees and costs that might be incurred by GRANTOR in defending any such claims. 5. Restoration on Expiration of Term. On the expiration of the term of this Easement, the Servient Estate shall be restored by ACHD, at its sole cost and expense, to at least as good a condition as existing on the date of this Indenture. Temporary Construction Easement Version 5/2012 Project Name: Ustick Road & Meridian Road Intersection Project: 313039 Name: City of Meridian & Meridian Parks and Recreation Commission R/W Parcel No: 1 T4N, R1 W, Sec. 36 APN:S0436449680 6. Binding Effect. This Easement, and the covenants and agreements herein contained, shall, during the entire term hereof, be binding upon and inure to the benefit of (i) ACHD AND GRANTOR, respectively, and their successors and assigns, and (ii) their respective interests in the Dominant and Servient Estates. 7. Appurtenant, The Easement herein granted is appurtenant to the Dominant Estate. TO HAVE AND TO HOLD this Easement unto the ACHD for the term hereinabove set forth. GRANTOR covenants to ACHD that ACHD shall enjoy the quiet and peaceful possession of the Servient Estate throughout the term hereof; and, GRANTOR warrants to the ACHD that GRANTOR is lawfully seized and possessed of the Servient Estate and has the right and authority to grant this Easement to ACHD. IN WITNESS WHEREOF, this Temporary Construction Easement has been duly executed by the parties, the day, month and year herein first above written. ATTEST: GRANTOR: City of Meridian, a municipal corporation e -1 -6C ---n. Cl— , k Cry FTr� t 1 �= ,0�t Clerk R ecu-y�-'- I ( i ADAC TY I WAY ISTRICT: Dave Serdar Right -of -Way Supervisor Barbara Burton Sr. Right -of -Way Agent NO ACKNOWLEDGEMENT NEEDED, THIS EASEMENT IS NOT TO BE RECORDED The Ada County Highway District (ACHD) is committed to compliance with Title VI of the Civil Rights Act of 1964 and related regulations and directives. ACHD assures that no person shall on the grounds of race, color, national origin, gender, disability or age, be excluded from participation in, be denied the benefits of, or be otherwise subjected to discrimination under any ACHD service, program or activity. Temporary Construction Easement Version 5/2012 5 z K � - ;•;[!!(I!�!i!� eo 0o em0000 OL5i ammo m wo ) � $ - � I I ,epi, �I�I�1■i�l�� W8 . -- E vasa' 111 41 F x � s$$g _ - ✓�,_- FR N LL LL 000000000©�00���®�0 I 1 Q I I ,epi, �I�I�1■i�l�� . 111 41 Iloin ■■■111■�■�■�1■ !, ON IS��1■ ■■■■111®■■I■ e I ■■■I■'1■I■■I■ I I I I a / a e o A ,•pa i :.�� 13 ■II � iIlion I ,e /ea�l4 : ® - MENNEN LU 74 S ^� 3 E ° e688 t �'ai8 Z m aW0 OP.:::. 74