Temporary Construction Easement with ACHD Cayuse Creek to Chinden
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Ada County Highway District • 3775 Adams Street • Garden City, ID • 83714 • PH 208 387 6100 • FX 345-7650 • www.achd.ada.id.us
Version: 5/20/08
Paul Woods, President
Rebecca W. Arnold, Vice President
Sara M. Baker, Commissioner
Jim D. Hansen, Commissioner
Kent Goldthorpe, Commissioner
Committed to Service
November 29, 2017
City of Meridian
c/o: Legal Department
33 E. Broadway Ave.
Meridian, ID 83642
Re: Project No: 517032
Project Name: Linder Rd., Cayuse Creek to Chinden
Parcel No: 5
Dear Sir/Ma’am,
As you are aware, Ada County Highway District (ACHD) has an improvement project planned for Linder Rd., Cayuse Creek to Chinden. Your property is located within the planned project area and it is necessary for ACHD to acquire specific rights
therein. As a staff member of the ACHD Right-of-Way Section, I am authorized to work with you to purchase the rights that
are required for this project.
The enclosed packet contains the following documents:
Compensation Summary
Temporary Construction Easement
Summary of Rights of an Owner
The “Summary of Rights of an Owner” explains the right-of-way acquisition process and procedures and your rights as an
affected property owner.
Please review the enclosed documents and, if they are acceptable to you, sign them as indicated and return the originals to
this office. Once the properly signed documents and forms have been received, ACHD will process and send you fully
executed copies. Normal processing takes about 30 days.
Please don’t hesitate to call or email me with any questions or concerns or to set up a meeting with me. Your cooperation and
prompt attention to this matter are greatly appreciated. I look forward to hearing from you.
Sincerely,
Michele White
Sr. Right-of-Way Agent, RWA
Ada County Highway District
mwhite@achdidaho.org
(208) 387-6274
Enclosures as stated
Project Name: Linder Rd. (Cayuse Creek to Chinden)
Project: 517032.002
Name: City of Meridian
RNV Parcel No: 5
T4N, R1W, Sec. 26
APN: R5299420120
TEMPORARY CONSTRUCTION EASEMENT
THIS INDENTURE, made this 12— day of \ orbet-, 20fT , 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 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 Linder Rd., (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, attorneys fees and costs that might be incurred by GRANTOR in defending any such claims.
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 ACHD, at its sole cost and expense, to at least as good a
condition as existing on the date of this Indenture.
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, orbe otherwise subjected to discrimination underanyACHD service, program oractivity.
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Project Name: Linder Rd
Project: 517032.001
Name: City of Meridian
RIW Parcel No: 5
T4N, RIK Sec. 26
APN: R5299420120
(Cayuse Creek to Chinden)
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.
CITY OF ME_ RIDIAN, a Mu_ nicipal Corporation:
C.
Iry
Tammy d e d
X )MNI,. Mayor
SEgL °..``
City Clerk
ADA COU HIGHWAY DISTRICT:
David Serdar
Right -of -Way Supervisor
Michele White
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.
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