Conveyance of Property to ACHDProject Name: Pine Ave., -Meridian Rd to Locust Grove Rd
Project: 815025.001
Name: City of Meridian
R/W Parcel No: 14
T3N, R1E, Sec. 07
APN: R5672000795
Fee Requirement:
COMPENSATION SUMMARY
44 Sq. Ft ........................................................... $ 0.00
Temporary Construction Easement:
Improvements:
790 Sq. Ft ....................................................... 0.00
................................................................ 0.00
COMPENSATION................................................... 0.00
Donation of required Right of Way and Temporary Construction Easement by owners. Citv of
Meridian per Waiver Agreement dated June 9, 2010.
ACHD WILL PROVIDE CONSTRUCTION FEATURES AS SHOWN ON THE RIGHT-OF-WAY PLAN
SHEET 4 of 19 DATED DECEMBER 5, 2016.
****Access Points as depicted on the plan sheets are subject to change upon redevelopment or as traffic
safety conditions warrant."***
Negotiated Item:
Seller's disclosure f hazardous materials:
(1) NoneV--- _____ (Seller's Initials); or
(2) Seller's disclosure:
City's ReprWe Name: /`el f6 1� i ________ Phone:
Initials: ese ________ ACHD Initials:
Version: 5/20/08
Project Name: Pine Ave., -Meridian Rd to Locust Grove Rd
Project: 815025.001
Name: City of Meridian
RIW Parcel No: 14
T3N, R1E, Sec. 07
APN: R5672000795
SALE AND PURCHASE AGREEMENT
(Partial Acquisition)
THIS SA AND PURCHASE AGREEMENT (the "Agreement') is made and entered into this --
day of , 2017, by and between City of Meridian, a municipal corporation, ("Seller")
and Ada unty 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 815025.001 and commonly known as the Pine
Ave., -Meridian Rd to Locust Grove Rd.
(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: Pine Ave., -Meridian Rd to Locust Grove Rd
Project: 815025.001
Name: City of Meridian
R/W Parcel No: 14
UN, R1 E, Sec. 07
APN:R5672000795
(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 ACRD, 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 Remaininq 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: Pine Ave., -Meridian Rd to Locust Grove Rd
Project: 815025.001
Name: City of Meridian
RIW Parcel No: 14
T3N, R1 E, Sec. 07
APN: R5672000795
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: Pine Ave., -Meridian Rd to Locust Grove Rd
Project: 815025.001
Name: City of Meridian
R/W Parcel No: 14
T3N, R1 E, Sec. 07
APN: R5672000795
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 ACHD, 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.
SELL R: Ci Meri ' n, icipal corporation
Its:�u�
By:
Its:
Page 4 of 5
Project Name: Pine Ave., -Meridian Rd to Locust Grove Rd
Project: 815025.001
Name: City of Meridian
RNV Parcel No: 14
T3N, R1 E, Sec. 07
APN: R5672000795
ADA COUNTY HIGHWTRICT:
414 �W
Davil Serdar
Right -of -Way Supervisor
�1Craig Howe
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: Pine Ave.,-Merldian Rd to Locust Grove Rd
Project: 815025.001
Name: City of Meridian ADA COUNTY RECORDER Christopher D Rich 2017-054490
R/W Parcel No: 14 BOISE IDAHO Pgs=4 CHE FOWLER 06/15/2017 01:42 PM
T3N, RIE, See. 07 ACRD NO FEE
APN: R5672000795 1111111111111111111111111111111111111
00374346201700644900040043
(Reserved for Ada County Recorder)
WARRANTY DEED
THIS INDENTURE, made this - day of 2017, City of
Meridian, a municipal corporation, the "GRANTOR", and Ada my 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. ACRD 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 ACRD service, program or activity.
VVD - Page 1 of 2
Version: 5122/08
Project Name: Pine Ave., -Meridian Rd to Locust Grove Rd
Project: 815025.001
Name: City of Meridian
R/W Parcel No: 14
T3N, RIE, Sec. 07
APN: 85672000795
IN WITNESS WHEREOF, this WARRANTY DEED has been duly executed by the GRANTOR, the
day, month and year herein first above written.
ATTEST: Z7S
SY City Clerk
STATE OF IDAHO )
) ss.
County of Ada )
Grantor: City
el ft 13,
Gp 0"TUD,f&C,0
Cityor
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a municipal corporation
plf
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On this �C of , 2017, before me, the undersigned, a Notary Public in
and for the State of Idaho, personally appeared nd _ Citi.{ Cbl e,5
(°`'"r4L known to me to be the nd City Clerk, respectively, of the City of Meridian, Id oah ,and who executed
l3i u,�
P�w 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.
• y .
(SEAL)
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 padicipation in, be
denied the benefits of, or be otherwise subjected to discrimination under any ACHD service, program or activity.
WD - Page 2 of 2
Version: 5/22/08
PARCEL DESCRIPTION Date: October 31, 2016
Project: Pine Avenue — Meridian Road to Locust Grove Road
Parcel No: 14 Right -of -Way Requirement
A parcel of land being a portion of Lots 15 and 16, Block 5, Amended Plat of Townsite
of Meridian, Book 1 of Plats at Page 30, as filed in the Ada County Recorder's Office,
located in Government Lot 3 of Section 7, Township 3 North, Range 1 East, Boise
Meridian, City of Meridian, Ada County, Idaho, more particularly described as follows:
COMMENCING at the W1/4 corner of said Section 7, monumented by a 3" brass cap
(Corner Record No. 114006712), from which the CIA corner of said Section 7,
monumented by a 3.5" brass cap (Corner Record No. 2016-000592), bears North
89°35'45" East, a distance of 2394.92 feet;
Thence North 89135'45" East, coincident with the north line of said Government Lot 3, a
distance of 741.03 feet;
Thence South 00°24' 15" East, perpendicular to said north line, a distance of 39.37 feet to
the northeast corner of said Lot 15 and the POINT OF BEGINNING;
Thence South 00°33'01" West, coincident with the easterly line of said Lot 15, a distance
of 0.63 feet;
Thence South 89°35'45" West, parallel and offset 40.00 feet south of the north line of
said Government Lot 3, a distance of 60.02 feet to the westerly line of said lot 16;
Thence North 00°32'54" East, coincident with said westerly line, a distance of 0.82 feet
to the northwest corner of said Lot 16;
Thence North 8914637" East, coincident with the northerly line of said Lot 16 and
Lot 15, a distance of 60.02 feet to the POINT OF BEGINNING.
The above described parcel contains 44 square feet or 0.001 acres, more or less.
Together with and subject to covenants, easements, and restrictions of record.
The basis of bearings for this parcel is Grid North, ADA County GTS Coordinate System.
SKETCH FOR LEGAL EXHIBIT
RIGHT -PARCEL 14
r A UIREMENT
A PARCEL OF LAND BEING A PORTION OF LOTS 15 AND 16, BLOCK 5,
AMENDED PLAT OF TOWNSITE OF MERIDIAN
LOCATED IN GOVERNMENT LOT 3 OF SRC770M 7, T. 3 N., R. 1 E., BOISE MERIDM
CITY OF MERIDIAN, ADA COUNTY, IDAHO
2016
aO1NTOF
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N89'35'45"E 2394.92'
741.03' T_ _ 1653.89'
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N89'46'37"E 60.02' 1 GDM NG
NO'32'54"E S89'35'45'W 60.02' SO'33'01"W
0.82' 0.63'
(0.001 Ac.
44 s. f.
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2141W.A WWay,sm104
001A ID OW
Project Name: Pine Ave., -Meridian Rd to Locust Grove Rd
Project: 815025.001
Name: City of Meridian
R/W Parcel No: 14
T3N, R1E, Sec. 07
APN:R5672000795
THIS INDENTURE, made this 1-4
Ly ' day of i e , 2017, by and between, City
of Meridian, a municipal corporation, hereinafter "GRA ", 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 ACHD. 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 E. Pine Ave., (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 to use 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: Pine Ave., -Meridian Rd to Locust Grove Rd
Project: 815025.001
Name: City of Meridian
RIW Parcel No: 14
T3N, RIE, Sec. 07
APN: 85672000795
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, _
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ATTEST:� ,L�
By. LI/ _� y � (q,City Clerk
av,
ADA COUNTY HIGHWAY DI TRICT:
Dave Serdar
Right -of -Way Supervisor
raig Howe
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 512012
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