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Right of Way Easement Deficiencies W. 8th Street Improvements with Frost, Dunn, Felt, Summers, Humen, Brunn, Smith, Rich, for Joint School DistrictOHNSON, NDERKOFLER ~ RIGGS ~°n.~.u~t"~9 ~n9L12EEZ~ NAMPA, IDAHO, 83651 1022 TWELFTH AVENUE SOUTH TELEPHONE 466-2323 OP. 888-4460 4~~`° -~~ SUMNER M. JOHNSON. P.E. -- _ ~'n,~^- R. W, UNDERKOFLER. P.E. _ ~ WILLIAM W. BRIGGS. P.E. ~/ /~` ~ - iay i•> f 1965 Mr. J. Lowell Scott, Superintendent Class A School District No. 2 911 Meridian Meridian, Idaho Dear i_~e~. SCUCf:. Subject: West Eighth Street Curb and Gutter I have had several inquiries recently as to the status of curs and >~€~tter for West Eighth Street, on the easterly side of the street from Cherry Laaze to the south boundary of the high school property. You will recall that at the conference between the City of Meridian and the School District Board, it was specifically discussed and all cost estimates were based on the School District being responsible for constructing O the concrete curb and gutter on both sides of West Eighth Street from Cherry Lane to the south boundary of the School District property. It was my definite understanding that the School District agreed to do this portion of the project ~s their responsibility in return for the work being done by the Ada County Road Department and the City of Meridian. As such, the City of Meridian and Ada County have been proceeding with the work on the basis that the School D istrict would fulfill their portion of the agreement. ;subsequently, on several occasions, you have expressed to me I;ersonally that there was some concern in your mind as to whether the curb and stutter on the east side of West Eighth Street, which abuts onto property other than School District property, should be the responsibility of the School district. In each instance I advised you that it was my opinion that ft was t;.ze School District's responsibility to see that the curb and gutter was constructed, but, if the District could prevail upon the property owners to pay the cost, it would be just that niuct; saving in cost to the School District, and, as far as the City was concerned, I felt certain that they were only interested in seeing that the curb and gutter was constructed and were not concerned as to how the costs of the improvements were paid. The same analysis also applies for the additional cost of paving the shoulder strip from the normal Ada County width of 24 feet out to the lip of the concrete curb and gutter. Since. the final construction of this CIVIL, MECHANICAL, MUNICIPAL AND HIGHWAY ENGINEERING - LAND SURVEYING OFFICE ALSO AT 621 y, MAIN STREET, BOISE, IDF~HO, 83702 - TELEPHONE 344-0240 JOHNSON, UNDERgOFLER & BRIGGS- eonsu~Ein9 C~n9inES¢s- 1022 TWELFTH AVENUE SOUTH - NAMPA, IDAHO, 83651 Mr. J. Lowell Scott May 8, 1965 Paee 2 much needed improvement will be contingent upon the completion of the concrete curb and gutter, and the deposit with the County of the necessary money to pay for the pavement widening;, it would be my recommendation that the School District take whatever action is necessary to see that the curb and gutter is constructed and the money is deposited with Ada County for the paving. If we can assist you in furnishing plan prints or other information, please contact us. Sincerely yours, 3i7~iNS0 _,. -UNpERe:.O & 8&~GG ~' ~i ~~ Sumner M. Johnson, .E. O SM3 : ate cc°~ TMir. Herold J. Cox, City Clerk, City of Meridian T1r. Elmer E. Soniville, P.'r:., Ada County Engineer D ?•ir.. Leon Fairbanks, Ada County Commissioner Cl + ~ ! i . ~ M -ADA COUNTY COMMISSIONERS i% ROY MURPHY, CNAIRMAN LEON FAIRBANKS RULON SWENSEN CLARENCE A. PLANTING, CLERK COURTHOUSE BOISE, IDAHO July ?, 1965 ADA COUNTY ZONING COMMISSION LOWELL S. FLITN ER, CNAIRMAN LYNN M. ROGERS, ADNINIBTRATOR 8. M. BARYON GEORGE B. DAVIS T. H. EBERLE MARTIN A. HANSON CHARLES F. HUMMEL CARL H. BAILEY WILLIAM W. GARTIN PAUL L. OWENS H. WESTERMAN WHILLOCK DR. F. R. DIXON Mr. Herald J. Cox, Clerk City of Meridian City Hall Meridian, Idaho Re: Right-of-way deficiencies 8th ;St. W.-Cherry Lane S. to Pine St. in Section 12, T.3N., R.1W., B.M.,Ada County, Ida. Dear Mr. Cox: Reference is made to a joint venture between the City of Meridian and Joint Class A ;School D istrict #2, Ada-Canyon Counties with respect to the construction of 8th Street west from Cherry Lane south to Pine Street. It has been my understanding that the City of Meridian was to have secured the right-of way, done the engineering in connection therewith as their contribution to the project. In looking over the Gregory Subdivision and the dedication of the south half of Raymond Street, the question was raised as to whether the north half of Raymond Street had been dedicated by the school district and if they would participate in the con- struction thereof, and in pursuit of this inquiry, I made an examination of the deeds conveying rights-of way in connection with subject project and found that out of the nine parcels involved that there was only one deed which in fact had con- veyed right~of-way to the County. In view of that fact, I am listing the alifficulties to be corrected as they have a very direct bearing upon the acceptance of the proposed Frostxs ~estside Subdivision and Gregory Subdivision. Parcel #1 Grantor: Joint Class A School District #2, Ada and Canyon Counties. -.-~ The di~ficie~e~g-' ;was the manner in which the property was conveyed to grantor and in deed dated 10-•2664 and not recorded, it was executed by Wayland Muffley and W. James Branvold in COUNTY OF ADA Mr. Herald J. Cox Page Two July .7, 1965 which the two gentlemetti~did not silty their capacity nor name the grantor, namely Joint Class A School District, Ada and Canyon Counties nor was it attested to by the Secretary or Clerk of the Board nor did the notary state that he had knowledge of their capacity to execute such a deed. Parcel #2 Grantor: Mabel C. Dunn, formerly known as Mabel C. l~vidson: formerly known as Mabel C. Gregory. This deed was executed by Mabel C. Dunn as Grantor and on April 20, 1965 Mabel C. Gregory did convey the property to George Raymond Gregory without excepting previous conveyances to Ada County from the description of the property so conveyed, which makes this deed having the same area conveyed to two different persons. Parcel #3 Grantor. Eugene A. Felt and Lillian R. Felt, husband and wife. The deed itself is in order. 4+7e note howe•ver~ the Security Abstract and Title Company has been designated as Trustee and the Home Federal Savings and Loan Association. of Nampa as Beneficiary under a Trust Deed dated 9-1058 and recorded under Instrument #436983 in Book 311 page 432: of Mortgages. It is deemed necessary that the mortgagee should execute a partial Deed or Reconveyance in order to give clear title to the right- of ~-way. Parcel ~4 Grantor: Charles R. Summers and Mary L. Summers, husband and wife The deed conveyed was satisfactory but it will be necessary in order to gain clear title for Home Federal Savings and Loan Association of Nampa, designated as mortgagee, in that certain mortgage dated 10-.4»61 under Instrument #513625 in Book 354 at page.l47 of Mortgages , to execute a Partial Mortgage release for said right-of~ay. Parcel #5 Grantor: John T. Brune has conveyed a strip 107 feet long and 120 feet wide--in two parcels and he so deeded his westerly 16 feet of rightMof-way to the County. The deed was properly executed and he has title to the South 88 feet of the strip ~ ~ r Mr. Herald J. Cox Page Three July 7, 1965 124 feet wide but he was never conveyed title to the north 80 foot strip, 16 feet wide. This strip was reserved by .Glen Ayers and Irma F. Ayers, husband and wife, as well as was the west 16 feet of the 124 foot strip lying south and adjacent to Parcel #5. Obviously Mr. Ayers has never been contacted to make any conveyance. The title to tl~e property was received on a deed dated 9*»17~51 and recorded under Instrument #322980. Parcel #7 Grantor: Russell H. Smith and Christine A. Smith, husband and wife executed a deed to this parcel which was in order but did not adequately convey title because the Meridian Building and Loan Association of Meridian was designated as mortgagee under a mortgages dated 12«»6»62 and recorded under Instrument #544141 in Book 368 page 38 of Mortgages and the mortgagee has not executed a Partial Mortgage Release. Parcel #8 Grantor: William E. Rich and Yvonne B. Rich, husband and wife,. executed a deed which was in order but failed to completely convey title to the subject premises under a mortgage to First Federal Savings & Loan Association dated March 4, 1958 and recorded under Instrument #425413 in Book 303 page 215 of Mortgages and mortgagee has not executed a Partial Mortgage Release. Parcel #9 This deed was executed by Harry 0. Frost and Emily Frost, husband and wife but so far I have not found any evidence of whether the title rests with Mr. Frost, et ux. The last owner of record appears to be Hilda Hiltebrand as recorded under a deed dated 2~7»61 under Instrument #496573 in Book 475 at page 669. Parcel #5 was conveyed to John T. Bruhn and Nena Jeanette Brunn~ husband and wife in two deeds, the first deed by Glen Ayers and Irma F. Ayers, husband and wife, conveyed the south 88 feet and therefore John T. Bruhn et ux, have the title to convey the 16 foot strip in question. Mr. Glen Ayers conveyed the north 88 feet to Charles B. Irminger et ux and excluded the 16foot strip from the conveyance. Subsequently Charles B. Irminger,. et ux, conveyed it to John T. Brune. Attached hereto is a verifax copy of the description of the property as conveyed from Irminger to Bruhn which should form part of the description of the 16 foot strip to be conveyed by Glen Ayers and Irma F. Ayers to the County for 88 feet. - -. y Mr. Herald J. Cox Page Four July 7, 1965 Mr. ,Ayers also excluded the 16 feet from a strip 176 feet long designated by us as Parcel #6. Also attached hereto is a subsequent deed conveying said strip now owned by the Idaho State Grange but the title to the 16 foot strip 176 feet long should Ue included in the description conveying title to the County by Glen Ayers, et ux. Also attached hereto is a part of the drawing for identM ification of parcels herein referred to. We want to thank you for your cooperation and anything that I can do to assist, please advise, Very truly yours, ~2 M. Rog s, Administrator A t;ounty nirtg Commission LMR:nh Attachments ec. John L. Child v ADA COUNTY COMMISSIONERS ~,~~~ r~ ROY MURPHY, CHAIRMAN ~~ LEON FAIRBANKS /I. RULON SWENSEN 3 CLARENCE A. PLANTING, CLERK -~. ,.r COURT HDU5E BDISE, IDAHD ADA COUNTY ZONING COMMIS810N LOWELL S. FLITNER, CNAIRMAN LYNN M. ROOERB, ADMINISTRATOR 6. M. BARYON GEORGE B. DAVIS T. H. EBERLE MARTIN A. HANSON CHARLES F. HUMMEL CARL H. BAILEY WILLIAM W. GARTIN PAUL L. OWENS H. WESTERMAN WHILLOCK DR. F. R. D x~ ~~2~ July 14, 1965 ` Mr. Herald J. Cox, Clerk City of Meridian City Hall Mer id ia~n, I daho Re : Dear Mr. Cox: Right-of sway def iciencies, 8th St. W. Cherry Lane to Pine St. in Section 12, T.3N.,R.1W.,B.M. Ada bounty, Idaho. In ~sriew of the fact that Mr. Child, the City of Meridian attorney, dsd not prepare the deeds referred to in our letter of July 7, 1965, T am herewith submitting additional information that may cut down his research and hope to be of assistance in the matter. Parcel #2 It is suggested that Gregory, husband and wife, half of SE ~ of the NW%~ of C. Dunn, formerly known as Mabel C. Gregory.. George :Raymond Gregory and Marjorie L. reconvey~ by Quit Claim the north Section 12, T.3N.,R.1W.,B.M. to Mabel Mabel C. ~?lavidson, formerly known as We have in our files a right»of-way deed dated 10-.30•»64 over the following described portions of the property conveyed by a Gift Deed dated April 2©, 1965 and recorded in Book 521 pale 681 to George Raymond Gregory. The description contained in said deed is enclosed. The Title Company has taken a dim view of a cif t deed from Mabel C. Dunn to George Raymond Gregory as being immediately valid for conveying the property contained in Gregory Subdivision Unit #l. They suggested that George Raymond Gregory, et ux, reconvey the property hereinabove referred to, to his mother; that the County f~.le their rightMof-way deed and the mother convey by 'TWarranty Deed, to her son, the property previously conveyed and that such conveyance contain as exclusions, the right-of-way conveyed to the County. ~~ COUNTY OF ADA r Mr. Herald J. Cox Page Two July 14, 1965 The enclosed are verifax copies appropriately marked containing the descriptions of the respective parcels for which right-of-way deeds were obtained and for which no deeds of reconveyances or mortgage releases referred to in our letter of July 7th were obtained. This situation refers to Parcels 3, 4, 7 and 8. Parcel #9 was examined and it appears that the Title to this roadway was adequately conveyed to the ~7ounty when Guy & Hilda M. Hilt~'brand dedicated the plat of the Frost Westside Addition. I haventt yet been able to determine the Commissioners! attitude and the County Engineers attitude as to the reduction of the right-•of»way involving the 16 foot strip. I was informed, however, by the County Engineer that the School District had agreed to pay $947.50, Mr. Gregory $660.00 and Harry Frost $315.00 towards. the construction of 8th Street W. and that up to date, Mr. Frost is the only one who had met his obligation and that such road would not be commenced until these obligations had been met. Very truly yours,. ~'t~ L M. Roger Administrator Ada County Zon~.ng Commission LMR:nh Enclosures cc: Mr. John L. Child Mr. Summer Johnson Mr. Ulmer E. Soniville M1 `~ ~j ~' /~l y ~ ~,' i8 ~' ,~ j ~ ; 0-' ~ ~,,r ; ~ ~ ~ . ~~ ~`~~~ r. ~ 1., v _~. .\~., 7 ~ /9~ x L ,(.'-'~ ' .', ~ ,I G~~/ .~" 1-/'--~ ~J~~ .~-..~ _ ~--~ ~, ~ . ~ ,, ,. ~J~ .~~ ,, iti- l ,, ,~// ( L~''~yC. jj'~ Imo" ~~ J'" / 8..u , ~"'" t ~; ~ <f, y ~. -~. k . ~9yy.. 77.r~h-°~, !'.r ~Y{ ~~~ ~ ~ ~ x ~ ~,O./~ /Jyl~ ~ ~~ ~,;~ i t fi v ti v ~~ ,'~ `I'. ^Y' i , `. ;:~~. 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