Records_Fairview Dedications Executed by Kleiner TrustsA
Project Name: Records ve and Fairview i
Project No.:
R/W Parcel No.:
Township/Range/Section: T. 3N., R.IE., Section 4
SPACE ABOVE THIS LINE FOR RECORM's USE ONLY
WARRANTY DEED
THIS INDENTURE, made this /0-A day of ZT--1 - It Q Y. , 2012, KARL
KLEINER, as Trustee of KLEINER TRUST A, as to an undivided 12.5% interest; KARL
KLEINER, as Trustee of KLEINER TRUST B, as to an undivided 12.5% interest; DAVID
KLEINER, as Trustee of KLEINER TRUST C, as to an undivided 12.5% interest; DAVID
KLEINER, as Trustee of KLEINER TRUST D, as to an undivided 12.5% interest; KAREN
KLEINER, as Trustee of KLEINER TRUST E, as to an undivided 12.5% interest; KAREN
KLEINER, as Trustee of KLEINER TRUST F, as to an undivided 12.5% interest; BRUCE
KLEINER, as Trustee of KLEINER TRUST G, as to an undivided 12.5% interest; BRUCE
KLEINER, as Trustee of KLEINER TRUST H, as to an undivided 12.5%interest; collectively,
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 and depicted 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 "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. and that Grantor and its' heirs and assigns will, on demand of
WARRANTY DEED- 1 7
1248836-6 / (f -
the Grantee or its heirs or assigns, execute any instrument necessary for the further assurance of
the title to the Premises that may be reasonably required..
The current address of the GRANTEE is:
Ada County Highway District
3775 Adams Street
Garden City, Idaho 83714-6499
IN WITNESS WHEREOF, this WARRANTY DEED has been duly executed by the
GRANTOR, the day, month and year herein first above written.
GRANTOR;
KARL KLEINER, as Trustee of KLEINER TRUST
A
KARL KLEINER, as Trustee
KARL KLEINER, as Trustee of KLEINER TRUST
B
KARL KLEINER, as Trustee
DAVID KLEINER, as Trustee of KLEINER
TRUST C
DAVID KLEINER, as Trustee
DAVID KLEINER, as Trustee of KLEINER
TRUST D
DAVID KLEINER, as Trustee
WARRANTY DEED- 2
1248836-8
KAREN KLEINER, as Trustee of KLEINER
TRUST E
KAREN KLEINER, as Trustee
KAREN KLEINER, as Trustee of KLEINER
TRUST F
KAREN KLEINER, as Trustee
BRUCE KLEINER, as Trustee of KLEINER
TRUST G
BRUCE KLEINER, as Trustee
BRUCE KLEINER, as Trustee of KLtINER
TRUST H
BRUCE KLEINER, as Trustee
WARRANTY D£FD- 3
1248835-8
KAREN KLEINER, as Trustee of KLEINER
TRUST E
KAREN KLEINER, as Trustee
KAREN KLEINER, as Trustee of KLEINER
TRUST F
KAREN KLEINER, as Trustee
BRUCE KLEINER, as Trustee of KLEINER
TRUST G
BRUCE KLEINER, as Trustee
BRUCE KLEINER, as Trustee of KLEINER
TRUST H
BRUCE KLEINER, as Trustee
W ARRANry DEED - 3
1248838-8
State of ^� �r)
/ )ss.
County of C )
On this 1&ay 091
State, personally appeared
Trustee, or one of the Trustees(
Trustee's signature on the foregoi
-- 44ra H. �a i�►�
V ,�u.�++111L111C � i
fi
fill
l ASHL'��`-•
State of
)ss..
County of-44��
)
On this day of
State, personally appeared
Trustee, or one of the Trustees of
Trustee's signature on the foregoi
\014
,..�u+Lu+s+hr
,o t*o 74,P
zoi 10.1!5
WA SVA
WARRANTY DEED— 4
1248836-8
20_[q!!r—, before me, a Notary Public in and for said
l,• A , known or identified to me to be the
t TRUST A, and acknowledged to me that by said
nt, th fo=Zo-ln named Trust executed the same.
rotary Pubic ( a 'Dt le. rot(c►-+
Residing at , M4 41.5, PI&
My Commission Expires
20t_2,, before me, a Notary Public in and for said
s _, known or identified to me to be the
Z TR�and acknowledged to me that by said
nt. th . foreQol named Trust executed the same.
Residing at
My Commission
V1
State of _ )
)ss.
County of t' )
On this —tL_ day of Q«. , 4 before me, a Notary Public in and for said
State, personally appeared , known or identified to me to be the
Trustee, or one of the Trustees of KLEI R TRUST C, and acknowledged to me that by said
Trustee's signature on the foregoing strume t, the foregoing named Trust executed the same.
State of )
jss.
County of '
Natery Publ c
Residing at
My Commission Expires 1
On this day of r ,O before me, a Notary Public in and for said
State, personally appeared me known or identified to me to be the
Trustee, or one of the Trustees of KLMER TRUST D, and acknowledged to me that by said
Trustee's signature on the foregoing i2�t�, th rego' . amed Trust executed the same.
ROC
t 4^ i QTA'p'•�l�
L7 r a o•
s
00
WARRANTY DEED- 5
1248836-8
L
My
Expires
i'\�
Ova Ke f. LC W4
State of )
)ss.
County of )
On this day of
State, personally appeared
Trustee, or one of the Trustee c
Trustee's signature on the foregoi
State of boo
County of
On this ( { Vw%day of
State, personally appeared
Trustee, or one of the Truste
Trustee's signature on the for<
WARRANTY DEED— 6
1248836-8
)ss.
ow ►' before me, a Notary Public in and for said
known or identified to me to be the
KLEI TRUST E, and acknowledged to me that by said
rumen the f named Trust executed the same.
Nix ubi l
Residing at
My Commission Expires I 4
G�� , {? before me, a Notary Public in and for said
err . known or identified to me to be the
of KNul
and acknowledged to me that by said
i instrego ed 1"ru xecuted the same.
IP"' QC C4
Residing at
My Commission Expires "V
State of )
)ss.
County of 6H)
On thisl �y, f G1— 202, before me, a Notary Public in and for said
State, personally appeared , known or identified to me to be the
Trustee, or one of the Trust sof KLEINER TRUST G, and acknowledged to me that by said
Trustee's signature on the foregoing instrument, the foregoing named Trust executed the same.
NotaryPublic �]
Residing
DtANNE M. GROWN My Commission Expires I 11a V-
::f
P01IC. Stats of New York
Quatlfled in Now York CountY
No. 618RB17863 � �
My Commission Expires 6
State of Ww )
' )ss.
County of )
On this t I�'`' -day , 20 L2— before me, a Notary Public in and for said
State, personally appeared _, known or identified to me to be the
Trustee, or one of the Trustees of KLEINER TRUST H, and acknowledged to me that by said
Trustee's signature on the foregoing instrument, the foregoing named Trust executed the same.
NotaL=
MANNE M. GROWN Residing at "
Nolary t3c• State
�tY My Commission Expires
+Quatifled U New
No. OISR617�/
My Commission Expires
WARRANTY DEE D - 7
12481336-8
EXHIBIT A
Elate: Noveniber 28. 2011
FAIR'1IEWAVEN'UMEECORDS AVENLfEJUGHT OF NYAY DEDICATION
A 7aarc:el 0P latid teeing a ponjorc of the SW 114 orse tion 4'. Township 3 Neriti, Range 1 least, Boise Mcriditatt.
Ada County, Idaho, more par[icularly described as i'olloWS:
at the 51.14 e6rnet or$riid gwt-io,t 4, a SAreltru- (Camer I2rcotdNo,
102051329). fron, which tete Somb- vcsa canter of s,9id Scocti on 4„ mwnuawntati bq at a'.5" brxo cap (Comer
Jteeord No. :11003417 hears forth 139122'40" Wb!, a dislsncr of 7659.51 fee;;
Thenoc North 890;2'40" Wast, es,ineident with the southerly line of t1le SW114 of said Section 4. a distatxe of
636.26 fear
Thence North 00'37 2(V' Enst, ltcrltctld'iculaarto mid Soullitrly tine, u distu tee of 5:2.81 feet to the nonherly riblet
of wuy of Fairview Av'enut and the POINT OF JI GIN NINC:
Thome N forth 00"24'14" East, a disitmor of"75.04 feet it) t'be beginning of a tnngent curve to tile. tete_;
13tenec ngtilo:rily thong tete are ortraid curve to ilw ielt, rua are di :tante of 281.59 feet. said curve having a "nMius
of 500.00 feet, a central angle of 32' 16'00", .sad a chord bea,ittg of Not11t 15'43'46'' Wast a disiance 017277.97
feet;
Thence South 8915'52"East, a distance of 6ra.49 feet;
Tbeam South 00"24'08" West, ti distance of 33,02 fro to the beginning of axon -tots; ettl curvy to tete dight;
Thence Southerly ,Along the ate Of said curve to rhe.. rich. an rm distance o. 259-65 feet, said cunt having a
radius of 535.50 f:st, it centA anpje of 27-V52", "A a chord lxati ng. of %uth 13029'121' Fast a distance of
257.11 feet_
Thcncc North 89°35'46" West, a distance of 11.00 feet;
Tbence South 00124'14" West, a distance of 344.20 feet;
Thence South 08142702)" .Last, a distance of 58,41 feet:
n ienee South 69$'35'46" Last. a dis'vanncc of 11.14 feet;
Thence Scutlt 47"ll'20"EaSt, a dist.A.= of 79.011 feet;
Thence South 89°3S"ST' East, pa"Fel trite and offset 4450 fict mirfihwiy of said nortrerly right df way, A
dis%n=,of 358,60 feet;
Thencc South 83130"3 3 ' Ensi, a distanoe of 42.43 feet to said tmaiterly night of �vay;
Tnuenea Norill 89°35'52" WCSt, Win;:kknt Mtli said northcri:3 fight of way n distance of 519.93 feet to ahc
1?t)11Y7° OF BEGINNING.
(continued)
WARRANTY DEED.- 8
1248836-8 �L�
The nbow•c dcscribod wcci contains 0.857 acus or 37.345 sgaWr fZEL MOM car IM
Topther with niid si+jest to cow mints, ortsemenm and res tri criarts of tecattL
'The basis of bearings for itais paml is North SV7.2'407 W est be -I weccat the S IA comcr and Southwest comer of
Suits Sealift 4_
(continued)
WARRANTY DEED- 9
1248836-8
��
EXI-KBIT "A
(CON-YJN ED)
SKETCH
SKETCH FOR LEGAL EXHIBIT"
FAIRVIEW _AVEIVUEIRECORDS AVENUE
RIGHT OF WAY DEDICATION
A, PARCEL OF LAATD BEING A PORTION OF
THE .SV114 OF SEC77DIV 4, T. 3 N., R. I R., BOISE, hfR'MIAN.
AUA CM17Y. MATZO
,2011
Sttl'35`3�t C 5[I?'74 U:1'w
G6,ii' � 33.E
1—flerm,4ew
t.saat_Wa�st���r� i
O
CL 10729
1,.61' 4'hpgrf
OF
SES p, Fb
Iotai Axeo y :ERWAc•
cr -57,J48 &L
i
:.vfi'aYU2'E
'59..49'
5P1'3546'E
71..14'
vC1737eCF � 389°3&' k80' s
370��� AlJ5 1u'S1"'R St993'
__t� I627 2 i fit
s FAIRVMW AVF— �vrvro
srvCDAIM
Sec 7010
1118 S. R/1j "m
80100, 1D 81783 i
orbit -std HOT Z.7 SCALEMMN,''It)iLT1pApG
WARRANTY DEED- 10
1248836-8
V
EXHIBIT 13
TITLE EXCEPTIONS
10. Except mineral or water rights, claims or title to mineral or water.
11. Covenants, conditions, restrictions and easements contained -in the Deed to the State of Idaho,
conveying a portion of the property adjoining. Recorded: July 28, 1955, as Instrument No.
380667
12. Well Sharing, Water Supply and Easement Agreement, recorded July 31, 2068, as Instrument No.
108087272, Records of Ada County, Idaho.
13, Water Line Easement Agreement, recorded July 31, 2008, as Instrument No. 108087273,
Records of Ada County, Idaho.
14. Development Agreement, recorded January 29, 2009, as Instrument No. 109009630, Records of
Ada County, Idaho.
15, 'Rights, rights of way, reservations and exceptions in the patent recorded in Book 5 of Patents„
Page 18.
I
WARRANTY DEED- 11
1248838-8
a
Project Name: Fairview
Project Number:
R/W Parcel Number:
Township/Range/Section: T3NR1 E Sec 4
(Reserved for Ada County Recorder's)
PERMANENT EASEMENT
THIS PERMANENT EASEMENT (the "Easement"), made and entered into this
Ill -A, day of _14 N- 4 r , 2012, by and between KARL KLEINER, as _Trustee of
KLEINER TRUST A, as to an undivided 12.5% interest; KARL KLEINER, as Trustee of
KLEINER TRUST B, as to an undivided 12.5% interest; DAVID KLEINER, as Trustee of
KLEINER TRUST C, as to an undivided 12.5% interest; DAVID KLEINER, as Trustee of
KLEINER TRUST D, as to an undivided 12.5% interest; KAREN KLEINER, as Trustee
of KLEINER TRUST E, as to an undivided 12.5% interest; KAREN KLEINER, as
Trustee of KLEINER TRUST F, as to an undivided 12.5% interest; BRUCE KLEINER,
as Trustee of KLEINER TRUST G, as to an undivided 12.5% interest; BRUCE
KLEINER, as Trustee of KLEINER TRUST H, as to an undivided 12.5% interest;
collectively, 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.
SUBJECT to those exceptions to GRANTOR's title as are set for on Exhibit "B"
attached hereto and by this reference made a part here of; GRANTOR hereby grants to
ACHD a permanent easement over and across the Servient Estate for use by the
Permanent Easement - Two Party - page 1
1252207-8 ��r'
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, 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.
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 4. Maintenance.
4.1 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 ACHD; provided if the damage to the physical integrity of the
Slope 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.
SECTION 5. 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 ACHD'S construction, use and maintenance of
the Easement on the Servient Estate.
SECTION 6. Recordation.
This Easement shall be recorded in the Official Real Property Records of Ada
County, Idaho.
Permanent Easement - Two Parry - page 2
1252207-8 ��__.
TO HAVE AND TO HOLD this Easement unto the ACHD forever,
SUBJECT to those exceptions to GRANTOR'S title as are set forth on
Exhibit "B" attached here to and by this reference made a part here, of;
GRANTOR covenants to ACHD that ACHD shall enjoy the quiet and peaceful
possession of the Servient Estate; and, (b) 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.
IN WITNESS WHEREOF, the undersigned have caused this Easement to be
executed the day, month and year first set forth above.
GRANTOR:
KARL KLEINER, as Trustee of KLEINER TRUST A
KARL KLEINER, as Trustee
State of L)
%t )ss.
County of :_r )
Al
On this l day of 14&. w 2012 before me, r,►. a
Notary Public in and for said ate of v9� personally appeared
Kari Kleiner, known or identified to me to be the us ee, or one of the Trustees of
KLEINER TRUST A, and acknowledged to me that by said Trustee's signature on the
foregoing instrument, the foregoing named Trust executed the same.
IN WITNESS WHEREOF, I In
day and RM,in this certifica
OC
Z, •► EILAif
Q�r:fr
11.'7'e of
hand and affixed my official seal the
rst above
Notary I''+ublic 7 •F v( IT,
Residing at
My Commission Expires
Permanent Easement - Two Party - page 3
1252207-8
GRANTOR:
KARL KLEINER, as Trustee of KLEINER TRUST B
rq4 K4i��a�
KARL KLEINER, as Trustee
State of )
,�" )ss.
County of/ )
On this ay v w*w , 2012 belre me, nA c G�- a
Nota Public i n�d for sai tate of personally appeared
Notary �- p Y pP
Karl Kleiner, known or identified to me o be the Trustee, or one of the Trustees of
KLEINER TRUST B, and acknowledged to me that by said Trustee's signature on the
foregoing instrument, the foregoing named Trust executed the same.
IN WITNESS WHEREOF, I have h o o set my hand and affixed my official seal the
day and year in this certificate 1r above�itten, �"�..y.1-10*
\A ROC, 111j
�-•$sox+�Lf.,J Nota 4bt,c
_-
fir % Residing at
F: - My Commission
r 1 i AVgt�G
P WASE''''
Permanent Easement - Two Party - page 4
1252207-B
N
GRANTOR:
DAVID KLEINER, as Trustee of KLEINER TRUST C
-& (�-!p --I, (---
DAVID KLEINER; as Trustee
State of I A i p � )
)ss.
County of "w )
On this ay of V� 2012,
e me, Irw I f[+e.je-% a
A
,efo
Notary Public in and for said qate of
w, i J,, f appeared
David Kleiner, known or identified to me to be the rustee, or one of the Trustees of
KLEINER TRUST C, and acknowledged to me that
by said Trustee's signature on the
foregoing instrument, the foregoing named Trust executed the same.
IN WITNESS WHEREOF, I have hereunto set
and and affixed my official seal the
day and year in this certificate fi
writte .�,R�-Z�
:abo
�
1� �rtM1NUill
1or� ,11,, 1G ary Public[
ray rr
D^G �axa,��A.•,.�r Residing at
�1.J
My Commission
xpires +
Permanent Easement - Two Party - page 5
1252207-8
0
GRANTOR:
DAVID KLEINER, as Trustee of KLEINER TRUST D
4 -4 `7 <-_
DAVID KLEINER, as Trustee
State of h 1 % }
,r )ss.
County of c i� )
On this day of �M , 201 , be a me, w, r cc Cwrd1' a
Notary Public in and for said to of ,personally appeared
David Kleiner, known or identified to me to be A Trustee, or one of the Trustees of
KLEINER TRUST D, and acknowledged to me that by said Trustee's signature on the
foregoing instrument, the foregoing named Trust executed the same.
IN WITNESS WHEREOF, I have
day and year in this certificate fir>
Q?ar'r Residing at
50
- = z : My Commi;
- h0
Permanent Easement - Two Party - page 6
1252207-8
and affixed my official seal the
IN
GRANTOR:
KAREN KLEINER, as Trustee of KLEINER TRUST E
1C V
KAREN KLEINER, as Trustee
State of
(A-PML-t�l �—
)ss.
County of: I F )
On this Ly of I~1 ', 201 efo me,A « a
Notary Public And for said tate of , p rson Ily appeared
Karen Kleiner, known or identified to me to be thY Trustee, or one of the Trustees of
KLEINER TRUST E, and acknowledged to me that by said Trustee's signature on the
foregoing instrument, the foregoing named Trust executed the same.
IN WITNESS WHEREOF, I have hereunto set
day and year in this certificate firs write
O� o�o1"' �� o P Ii
_ Residing at
0 My Commiss
I
Permanent Easement - Two Party - page 7
1252207-8
1M
hand and affixed my official seal. the
Expires �6& d I J
L
GRANTOR:
KAREN KLEINER, as Trustee of KLEINER TRUST F
KAREN KLEINER, as Trustee
1
State of )
jss.
County of
On this ay wWo 2012, for me, rc41 a
Notary Public 'r nd for said a of , personally appeared
Karen Kleiner, known or identified to me o be the rustee, or one of the Trustees of
KLEINER TRUST F, and acknowledged to me that by said Trustee's signature on the
foregoing instrument, the foregoing named Trust executed the same.
IN WITNESS WHEREOF, I have pdreunto
day and year in this certificate firyf above w
h4'trary Public
Residing at
My Commission
Permanent Easement - Two Party - page 8
1252207-8
res
affixed my official seal the
GRANTOR:
BRUCE KLEINER, as Trustee of KLEINER TRUST G
DIANNE M, BROWN
Notary Public, Stats of New York
Qualfffed In New York County —
festal/p
. 01 BR617863 •t . .1,
My Commission Expires BRUCE KLEINER, as Trustee
State of P(U U w4 )
)ss. I.
County of� )4
On this Lay of 2012, before rn•
Notary Public in and for said State of! I--- personally
appeared Bruce Kleiner, known or identified to me t6 be the Trustee, or one of the
Trustees of KLEINER TRUST G, and acknowledged to me that by said Trustee's
signature on the foregoing instrument, the foregoing named Trust 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.
— 4�fil=
Notary Public
Residing at(lkr cx�t
My Commission Expires lz + 7
Permanent Easement - Two Parry - page 9
1252207-0
DIANNE M. BROWN
Notary public, State of New York
Qualified in New York County
Ifo. 019!16 f 7863
My Commission Expires f .W
GRANTOR:
BRUCE KLEINER, as Trustee of KLEINER TRUST H
C." A;21"-
BRUCE KL INER, as Trustee
State of )
)ss.
County of ).
On this y of , 2012, before me, � �.� a
Notary Public in and for Bald State of personally
appeared Bruce Kleiner, known or identified to me to be the Trustee, or one of the
Trustees of KLEINER TRUST H, and acknowledged to me that by said Trustee's
signature on the foregoing instrument, the foregoing named Trust 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 Publ
Residing at
My Commission Expires
Permanent Easement - Two Party - page 10
1252207-8
GRANTOR:
Ada County Highway District
Gary Inselman
Development Services Manager
STATE OF IDAHO )
) ss.
County of Ada )
On this day of __ , 2012, before me, a Notary Public
in and for the state of Idaho, personally appeared Gary Inselman, known or identified to
me to be the Development Services Manager 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
Residing at:
My commission expires:
Permanent Easement - Two Party - page 11
1252207-8
EXHIBIT "A"
Bates Nuvcrnbcr28, 2Q11
FAIRVIEW AVENYLT &RIE4 ORDS A%TNUE 1'1tfZrt9A�iC11T 1��15[�•?4l'EN'1'
A .parcel of lata[ being a portion ofahe SXV 5, 4 of Suction 4, Tt;•wmhip 3 north. Rant c I UNt, 13aist Menditui,
Ada County, 14aho, more particularly described a5 follows.
CUsH11h TiC liV(: at the Sl 14 corner of said Section :: rtionttrnenied by a S/$" vetoer (t3otnetReeard No.
10051329), from %,Vliicb the Soutbiwst comer of said Section 4, monumenited by a 3.5" brass cap (Corner
Record No. 110054.173) boors North t19022'4W XVcst, ca distance of 2659.51 ldct;
Theno e Nl onh 49°22'40" "hest, coi o:ident isiflt the sou,laerly lire of the SW I A of said Section 4, a distanca of
8.53 feet,
Theme North 00°37"20" Last, p:rpcadicular to said soutl:criy line„ a distince of 55,22 deet to Xhe nordicily right
of my of F MMew Av cnuc and the POINT OF 11EG I.iNIQ111 G;
Tbance North 89035'5-" Wes!, coincident with said northerly right of mzy, a distance of 107.81 .f et:
7henc'e North *90'33" Wc8t; u dist8nrc of 42.43 fcct;
Thence Nardi 89437'52" WesL par dict wide aid Oftel 4.50 fee; nattherty of said nordterly right of �Nmy, a
distzanccof 358:40'fecl;
Thence- North 47°34°20" W `m a. disiance of 79.08 feet..
Thence Nardi 89"35'4.6" West, a distance of 11.14 feet,,
Thence N'Uaib 09'42'02" West, a elis rice of 58.45 feet:
Thence North 00°24' 14" East, a disuinee of 344.20 feet:
Thence South 89°35'46" East, a disttnice of I t.00 feel to tate beginning of a noo-tatip'nt ctumle to the left
Treace northerly alotag the etre of said curve to the lets, an arc obstante of 259:65 feet, said curve having ti rndiu9
of 535.50 foci, a ccntiial angle of 2714052". and a chord bearing of Noah 13'29'12" Nest a Jiswnce of 1-57.11
feet;
Thc,ncc dearth 00°24 `08"East n elastance of.' 3.02 feet;
Thericc South 89°35'52" Sast, a distance of 5,00 fees;
Thence Saudi 00v,24'08' West. a distance of"31,79 feet to the beginning of a non-iongent curve• to the right:
Thence southerly, nlcmg the Are -of wd curve to the raghl, an =. dlrtancc OF 2.60.83 feet., sald curve having sa
radius of 540.50 &L i. a central angle of'?7138159". and a chard ging or South 13125'1 5" 1 fast a distance of
238.31 irct; '
(continued)
Permanent Easement - Two Party - page 12 �cJ
1252207-8
EXHIBIT "A"
(CONTINUED)
'nience Fu1h 00014' 14" Wcst. a distance of 142,93 feet.
T henuc So-wh 08"42'02" East. a distance of 42.83 feet;
Thence Sau:li d 0342Q" East., a distan" of R3.1A feet;
Thence 5outlx 99935'52" East, paadlcl with and offset 18.:50 Feet northcTly of said northerly ri,E3tt of way, a
distance of 353.23 feet;
i'ltaned South 93"ail'33" East. a distend *f 1501.85 feet;
Tbance South 0O 24'478" %Vcst, a distpce Df 2.50 feel to the POIN"1' OF 1)CGlWtNQ
Tht above deeaccihc i parcel contains 8.355 acres or 15,462 square feet, mate nr leas.
Together xviih and subject m covenonis. e=ntt as and residi tions ofreeoni
'rite twis ofhearings for this parcel is Noyttt 89"22'40" NV -.sl bt:iwccn the 51 14 carttt:r rand SostinWSt comer of
said Section d.
laviLp, T. .1 15(l 017 2 g $
End ofMicription )tlejy+j C%1
1
Contin Ued
Permanent Easement - Two Party- page 13
1252207-8
d 74�--
EXHIBIT "A"
(CONTINUED)
Sketch
SKETCH FOR LEGAL EXRIBIT
FAIRVIEW AVENIEIRECORDS AVENUE
PERMANENT .EASEMENT
A PARCEL OF 1"D DAWC A PORTION OF
IifE SWI14 OF SEC71ON 4. T. 3 N., R. 1 E., BOISE HEFi7MN,
ADA GCOUNTY, IDAPO
2Oj �
559;35 a2 2'
545.
f�<! "FCX. • PC�Ie��+yVp
C,A,=11131e'tY5► �=ST323�.5'� �y%"�5. ['p �
10729
za s}, 111rFlrr �o
w 117W Arsov = ta.W AM
or 1&982 s,r.
r+�a za2'w �-$WX2'O2T
b&45' tZ$3'
ii6939'�B'iY t SCO74"WW
11.1x' 2."
"�i�,tp�:if1' t9�G3r7ytl�C
C S' .F My zy r 55,87
J... i � M9�RyfG"3Y 'cG5�31' • _ '
.SW ctwNm ltQ3'30 S3`Pt 1'z7Vls'I CJF
St+:ti{7N4 FAMVMWAVE 1R43" caumLi{1t!Sa
.FOATOF VN COMM
(7wDN94G SEC770W
'Hpacific
sdrnro 13M
2nkU2MW NOT TO SCALE
Permanent Easement - Two Party - page 14
1252207-8
I
f
EXHIBIT B
TITLE EXCEPTIONS
10. Except mineral or water rights, claims or title to mineral or water, i
11. Covenants, conditions, restrictions and easements contained in the Deed to the State of Idaho,
conveying a portion of the property adjoining. Recorded: July 28, 19SS, as Instrument No.
380667
12, Well Sharing, Water Supply and Easement Agreement, recorded July 31, 2008, as Instrument No.
108087272, Records of Ada County, Idaho.
13. Water Line Easement Agreement, recorded July 31, 2008, as Instrument No. 108087273,
Records of Ada County, Idaho.
14. Development Agreement, recorded January 29, 2009; as Instrument No. 109009630, Records of
Ada County, Idaho.
15. Rights, rights of way, reservations and exceptions in the patent recorded in Book 5 of Patents,
Page 18.
Permanent Easement - Two Party - page 15
1252207-8
Project Name: Records Ave -Fairview
Project Number:
R/W Parcel Number:
Township/Range/Section: T.3N., R.1,E., Section 4
TEMPORARY CONSTRUCTION EASEMENT
THIS INDENTURE, made this /4,� day of , 20,3.,
KARL KLEINER, as Trustee of KLEINER TRUST A, as to an undivided 12.5% interest;
KARL KLEINER, as Trustee of KLEINER TRUST B, as to an undivided 12.5% interest;
DAVID KLEINER, as Trustee of KLEINER TRUST C, as to an undivided 12.5% interest;
DAVID KLEINER, as Trustee of KLEINER TRUST D, as to an undivided 12.5% interest;
KAREN KLEINER, as Trustee of KLEINER TRUST E, as to an undivided 12.5%
interest; KAREN KLEINER, as Trustee of KLEINER TRUST F, as to an undivided
12.5% interest; BRUCE KLEINER, as Trustee of KLEINER TRUST G, as to an
undivided 12.5% interest; BRUCE KLEINER, as Trustee of KLEINER TRUST H, as to
an undivided 12.5% interest; collectively, hereinafter "GRANTOR", and ADA COUNTY
HIGHWAY DISTRICT, a body politic and corporate of the State of Idaho, hereinafter
"ACRD" and MERIDIAN CENTERCAL, L.L.C., a Delaware limited liability company,
hereinafter "CENTERCAL" (ACHD and CENTERCAL shall be collectively and/or
individually referred to as "Grantee").
WITNESSETH:
FOR -VALUE RECEIVED, and for the term and uses and on. the terms and
conditions hereinafter set forth, GRANTOR does hereby grant to GRANTEE 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 and 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 GRANTEE. GRANTEE'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 GRANTEE municipally known as
Records Avenue and Fariview Avenue (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 GRANTEE in connection with such highway construction and
improvement project, and for ingress and egress to and from the Dominant Estate.
Access to the structures within the Easement area will not be impeded by GRANTEE's
use of the Easement area.
Temporary Construction Easement, page 1
(9/14/06)
1343244_1 L--
2. Use by Others Under GRANTEE. GRANTEE's right to so use the
Servient Estate during the term of the Easement shall extend to use by GRANTEE'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. Upon
expiration of the term of this Easement, the rights and privileges granted to GRANTEE
hereunder shall cease and terminate and this Easement shall be null and void and of no
further force and effect.
4. Indemnification. GRANTEE 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 GRANTEE, 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. CenterCal (and its employees, contractors, and agents) will indemnify
GRANTOR for any damage caused to structures within the Easement area from its
activities in the Easement area and will restore such structures to their pre-existing
condition in the event of such damage.
5. Restoration on Expiration of Term. As provided on Exhibit "A" hereto, on
the expiration of the term of this Easement the Servient Estate shall be restored by
GRANTEE, at its sole cost and expense, to at least as good a condition as existing on
the date of this Indenture.
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) GRANTEE 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 GRANTEE for the term
hereinabove set forth.
GRANTOR covenants to GRANTEE that GRANTEE shall enjoy the quiet and
peaceful possession of the Servient Estate throughout the term hereof; and,
GRANTOR warrants to the GRANTEE that GRANTOR is lawfully seized and possessed
of the Servient Estate and has the right and .authority to grant this Easement to
GRANTEE.
Temporary Construction Easement, page 2
(9/14/06)
1343244_ 1
IN WITNESS WHEREOF, this Temporary Construction Easement has been duly
executed by the parties, the day, month and year herein first above written.
KARL KLEINER, as Trustee of KLEINER TRUST
A
KARL KLEINER, as Trustee
KARL KLEINER, as Trustee of KLEINER TRUST
B
KARL KARL KLEINER, as Trustee
DAVID KLEINER, as Trustee of KLEINER
TRUST C
DAVID KLEINER, as Trustee
DAVID KLEINER, as Trustee of KLEINER
TRUST D
x -7
DAVID KLEINER, as Trustee~
Temporary Construction Easement, page 3
(9/14/06)
13432441
KAREN KLEINER, as Trustee of KLEINER
TRUSTE
KAREN KLEINER, as Trustee
KAREN KLEINER, as Trustee of KLEINER
TRUST F
KAREN KLEINER, as Trustee
BRUCE KLEINER, as Trustee of KLEINER
TRUSTG
BRUCE KLEINER, as Trustee
BRUCE KLEINER, as Trustee of KLEINER
TRUST H
BRUCE• KLEINER, as Trustee
Temporary Construction Easement; page 4
(9/14/06)
1343244_1 _
KAREN KLEINER, as Trustee of KLEINER
TRUST E
KAREN KLEINER, as Trustee
KAREN KLEINER, as Trustee of KLEINER
TRUST F
KAREN KLEINER, as Trustee
BRUCE KLEINER, as Trustee of KLEINER
TRUST G
BRUCE KLEINER, as Trustee
BRUCE KLEINER, as Trustee of KLEINER
TRUST H
BRUCE KLEINER, as Trustee
Temporary Construction Easement- 4
(9/14/06)
1343244_1
MERIDIAN CENTERCAL, L.L.C.
a Delaware limited liability company
By: CenterCal, LLC,
a Delaware limited liability company
Its: Sole Member
By: CenterCal Associates, LLC,
a Delaware limited liability company
Its: Manager
By:
Jean Paul Wardy, President
Managing Member
ADA COUNTY HIGHWAY DISTRICT
by
Supervisor, Right -of -Way
Exhibit List
"A" Description/Depiction of Servient Estate
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,- page 5
(9/14/06)
13432441
Date, December 12, 201 1
FAIRVIEW AVENUE -RECORDS AVENUE TEMPORARY EASEMENT
A parcel of land being a portion of the SWI/4 of Section 4, Township 3 North, Range 1 Fust, Boise Meridian,
Ada County, Idaho, more particularly described as follows;
COMMENCING at the S 1/4 -comer of said Section 4, monumented by a 5/8" rebar (Corner Record No.
102051329), frons which the Southwest corner of said Section 4,'monumented by a 3.5" brass cap (Comer
Record No. 110054177) bears North 8922'40" West, adistance ol'2659.51 feet;
Thence North 89°22'40" West, coincident with the southerly line.of the SWI/4 of said Section 4, a distance of
8.53 feet;
Thence North 00°37'20" F.asL perpendicular to said southerly line, a distance of 55.22 feet to a point on the
northerly right of way line of Fairview Avenue:
Thence North 00°24'08" East, perpendicular to said northerly right of way line, a distance of 2.50 feet to the
POINT OF BEGINNING;
Thence North 83°30'33" West; a distance of 150.85 feet;
Thence North 89135'52" West, parallel with and offset 18.50 kiA northerly of said northerly right of way, a
distance of 353.23 feet;
Thence North 47°34'20" West, a distance of 83.10 feet;
Thence North 08°42'02" West, a distance of 42.83 feet:
Thence North 0024' 14" East; a distance of 342.93 feet to the beginning of a tangent curve to the left;
Thence northerly along the arc of said curve to the left, an are distance of 260.83 feet:, said curve having a radius
of 540.50 feet, a central angle of 27°38'59", and a chord bearing of North 13°25' 15" West a distance of 258.31
lcet;
"thence North 00°24'08" East, a distance of. 31.79 feet;
'thence South 99'15'52." East, a distance of 10.00 feat;
Thence South 00°24'08" West, a distance of 29.34 feet to the beginning of non -tangent curve to the right;
Thence southerly along the are of said curve to the right, an aro distance of 263.19 feet, said curve having a
radius of 550.50 feet, a central angle -of 27°23'33", and a chord bearing of South 13017'32." East adistance of
260.69 feet;
Thence South 00'24'14" West, a distance of 342.13 feet;
Thence South 08°42'02" East, a distance of 38.51 feet;
(continued)
Temporary Construction Easement, page 6
(9/14/06)
j1343244 1
Thence South 47°34'20" Fast, a distance of 75.73 feet;
Thence South 89°35'52" East. parallel with and offset 28.50 feet northerly of said northerly right ofway a
distance of'443.08 feet;
Thence North 00024'08" East, perpendicular to said northerly right of way, a distance of 20.00 feet;
Thence Souili 89°35'52" Fast, parallel with and offset 48.50 feet northerly of said northerly right of way a
distance of 56.30 feet;
Thence South 00°24'08" West, perpendicular to said northerly right of way, a distance of 46.00 feet to the
POINT Or, BEGINNING.
The above described parcel contains 0.342 acres or 14,891 square feet, mo
Together with and subject to covenants, easemerits €urd restrictions ofrecoi
The basis of bearings for this pareel is North 89122'40" West between the
said Section 4.
Temporary Construction Easement, page 7
(9/14/06)
1343244_1
SKETCH FOR LEGAL EXHIBIT
FAIRVIEW AVENUE/RECORDS AVENUE
TEMPORARY EASEMENT -
A PARCEL OF LAND BEING A PORTION OF
THE SW1/4 OF SECTION 4, T. 3 N., R. 1 E., BOISE MERIDIAN,
ADA COUNTY, IDAH0 '
2011
S59 35'52".E
1A,[d0"
NCC'24'0$`E 590°24'QA'll
31.79' 29-34'
M2738'59' A=2773'33' .•
1=260.8i' L-263.19'
R=540.50' x=550.50' _
r.a=Ni325'f5V C.6=Sf-3'17'32'E a 4 0
Q �
0 ,w jk
Toia1 Area #0,342 Ac.
� $ or 14,891 s. f.
RECOMS ROAD
AREA = 6,351 sf.
or 10.146 Ac.SUB'851 E
FARM(AVE
AREA - 8,5J3 sJ. S893552 £ POINT OF
or 10.196 Ar.>�y. `j}fid• ` 9iF'GIA?Nf{Yri
Np842'42"1 ,lb, f j 35:. 44308' N0024'08"E
/'
42.53'4' 2.50' -
_ _ .._ ersm c R%+ X35 571 ._ 35.3.73 _ _ ._ — _ —
N633033"W 53'
_
2650-91,
SW N89 22'40"19 2659.51' r 1G0'AAMffAlCF-MEWf INT OP
S1dMON4 FAIRVIEW"E, N00'37'2TE.
55,22' 5114 COMER
s.��tro>ti a
Wi�PdC1C
3130 3. CW.9e SL
Balsa, 0 53105
Z00
wmi.wh� ,mr, NOT T3 SCALE
Temporary Construction Easement, page 8
(9/14/06)
1343244_1