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MSCII Temporary Site IMprovementsCERTIFICATE OF ZONING COMPLIANCE REPORT DATE: July 2, 2012 E TO: ACHD ACHD I D A H O FROM: Bill Parsons, Associate City Planner SUBJECT: CZC-12-053 — MSCII Temporary Site Improvements OWNER: Multiple Property Owners (Parcels - R8342000007, R6129020650, R6129020670, R6129020295, R6129020330, R6129020360, R6129020560, R6129020532, R61290205 10) DESCRIPTION OF APPLICANT'S REQUEST The applicant, ACHD, requests certificate of zoning compliance (CZC) approval to construct several temporary accesses and temporary parking areas to be used during the construction of the Meridian Split Corridor Phase 2 road project. ACHD has provided documentation (signed agreements) from the property owners consenting to the proposed improvements (see the project file for the specifics of the agreements). DECISION The applicant's request for CZC is approved with the conditions listed in this report. Process Conditions of Approval 1. The temporary improvements depicted in Exhibit A, agreed to by ACHD and property owners are approved by the City of Meridian Planning Department in conjunction with the MSCII road project. The proposed improvements are approved on an interim basis and are not recognized by the City as permanent site improvements. Future development of the subject properties shall comply with all City ordinances in effect at the time of development. 2. The Planning Department encourages ACHD coordinate with the property owners for the removal of the temporary improvements (accesses and parking) and restore the properties to its original state within 90 days of the conclusion of the road project. Ongoing Conditions of Approval 1. The issuance of this CZC does not release the applicant or property owners from any previous requirements of the other permits issued that may have been issued for the properties. CITY COUNCIL REVIEW The applicant or a party of record may request City Council review of a decision of the Director. All requests for review shall be filed in writing with the Planning Department on or before 07/17/2012, within fifteen (15) days after the written decision is issued, and contain the information listed in UDC 11 -5A -6B. If City Council review of the decision is not requested, the action of the Director represents a final decision on a land use application. You have the right to request a regulatory taking analysis under Idaho Code 67-8003. Conditions Document ACHD Temporary Site Improvements CZC EXPIRATION Certificates of Zoning Compliance issued in conjunction with a proposed use shall expire if said use has not commenced within one year of the date of issuance of the Certificate of Zoning Compliance. The subject Certificate of Zoning Compliance is valid until July 2, 2013. Exhibits A. Properties Proposed for Site Temporary Improvements Conditions Document 2 ACHD Temporary Site Improvements CZC Exhibit A: Properties Proposed for Temporary Site Improvements Conditions Document 3 ACHD Temporary Site Improvements CZC I I a i ` IV A4=4373sf D <+'=3975sf A' i W C). r Lnch • Access 10,480 sf VI W1 r r$� .':':. t dv�m_i+"io:�:aS�Of•'kSv^.�TM.��SYr .t yE 1-" _. � _ ....... ,". 710..._. ,.. ....." a i r r±d s 1# '. .el <+'=3975sf A' i W C). r Lnch • Access 10,480 sf VI W1 r r$� .':':. t dv�m_i+"io:�:aS�Of•'kSv^.�TM.��SYr .t yE 1-" _. � _ ....... ,". 710..._. ,.. ....." a i r Conditions Document 5 ACHD Temporary Site Improvements CZC CM."JEN DIA�4t, Type of Review Requested (check all that apply) ❑ Accessory Use ❑ Alternative Compliance N Certificate of Zoning Compliance 8 Certificate of Zoning Compliance Verification ❑ Conditional Use Permit Minor Modification ❑ Design Review ❑ Private Street ❑ Property Boundary Adjustment ❑ Time Extension (Director) ❑ Vacation ❑ Other Planning Department ADMINISTRATIVE REVIEW APPLICATION Applicant Information Applicant name: Adam Zaragoza Phone: 208-387-6249 Applicant address: 3775 Adams Street Zip: 83714 E-mail: azaragoza@achdidaho.org Applicant's interest in property: ❑ Own ❑ Rent ❑ Optioned B Other Temporary Use Dairy Fanners of America, Carradllo Invesane�, Beddes, Bossinger, Amzen, Jemme, Marc Johnson Owner name: Phone: Fax: Owner address: Agent name (e.g., architect, engineer, developer, representative): Firm name: Address: Zip: E-mail: Phone: Zip: E-mail; Primary contact is: 8 Applicant ❑ Owner ❑ Agent ❑ Other Contact name: Adam Zaragoza Phone: 208-387-6249 Contact address: 3775 Adams Street, Garden City, ID Zip: 83714 E-mail: Subject Property Information Location/street address: N. Main Street, to Meridian Road Fax: t Fax: 208-387-6159 R6342000007, R6129020650, R6129020670, R6129020;(95. R6129020330, R6129020360, R6129020560 / R6129020532 / R612902010 Assessor's parcel number(s): 73N, (RIK RIE, RIE, RIE, RIE, RIE, RIE), (12 7, 7, 7, 7, 7, 7) Township, range, section: Total acreage: Current land use: Commercial/Residential Current zoning district: 33 E. Broadway Avenue, Suite 210 • Meridian, Idaho 83642 Phone: (208) 884-5533 • Facsimile: (208) 888-6854 a Website: www.meridiancity.org 1 (Rev. 11/29/11) Project Description Project/subdivision name: Meridian Split Corridor Phase 2, alternate access General description of proposed project/request: Construct temporary asphalt alternate access during the roadway closure of Meridian Road. The temporary access will only be allowed during construction. Proposed zoning district(s): Acres of each zone proposed: Type of use proposed (check all that apply): 8 Residential 8 Commercial ❑ Office ❑ Industrial ❑ Other Amenities provided with this development (if applicable): n/a Who will own & maintain the pressurized irrigation system in this development? n/a Which irrigation district does this property lie within? n/a Primary irrigation source: n/a Secondary: n/a Square footage of landscaped areas to be irrigated (if primary or secondary point of connection is City water): Residential Project Summary (if applicable) Number of residential units: Number of common and/or other lots: Number of building lots: Proposed number of dwelling units (for multi -family developments only): 1 Bedroom: Minimum square footage of structure(s) (excl. garage): Minimum property size (s.f): Gross density (DU/acre-total land): Percentage of open space provided: Percentage of useable open space: 2 or more Bedrooms: Proposed building height: _ Average property size (s.f.): Net density (DU/acre-excluding roads & alleys): Acreage of open space: (See Chapter 3, Article G, for qualified open space) Type of open space provided in acres (i.e., landscaping, public, common, etc): Type of dwelling(s) proposed: ❑ Single-family ❑ Townhomes ❑ Duplexes ❑ Multi -family Non-residential Project Summary (if applicable) Number of building lots: Other lots: Gross floor area proposed: Hours of operation (days and hours): Percentage of site/project devoted to the following: Landscaping: Total number of employees: Building: Existing (if applicable): Building height: Paving: Maximum number of employees at any one time: Number and ages of students/children (if applicable): Total number of parking spaces provided: Authorization Print applicant name: A dam Applicant signature: Phone: (208) 8 Seating capacity: Number of compact spaces provided: Date: 04/19/12 way Avenue, Suite 210 • Meridian, Idaho 83642 • Facsimile: (208) 888-6854 • Website: www.meridiancity.org 2 t ftiwN ACHD June 5th, 2012 Bill Parsons, AICP Associate City Planner Community Development Department 33 E. Broadway Avenue Meridian, Idaho 83642 RE: Meridian Split Corridor - Phase 2, ACHD Project No. 506047 Rebecca W. Arnold, President Sara M. Baker, Vice President John S. Franden, Commissioner Carol A. McKee, Commissioner Vacant, Subdistrict 4 Commissioner Please find the attached copy of the Certificate of Zoning Compliance application and supporting documentation for the above referenced project. Please contact me if you have questions or need additional information. Sincerely, Patrick Sullivan ACHD Capital Projects c: File Central Files Ada County Highway District 9 3775 Adams Street 9 Garden City, ID • 83714 9 PH 208 387-6100 9 FX 345-7650 • www.achdidaho.org Project Name: Meridian Split Corridor (Phase II) Project No: 506047 Name: Dairy Farmers of America, Inc. (successor by merger to Western Dairymen Cooperative) Parcel No: R8342000007 T3N, R1W, Sec 12 TEMPORARY CROSS ACCESS EASEMENT AGREEMENT THIS TEMPORARY CROSS ACCESS EASEMENT AGREEMENT (the Agreement) is made and entered into on this I day of May, 2012, by and between Dairy Farmers of America, Inc., a Kansas cooperative marketing association (successor by merger to Western Dairymen Cooperative) hereinafter GRANTOR, and the ADA COUNTY HIGHWAY DISTRICT, hereinafter ACRD; WITNESSETH: FOR GOOD AND SUFFICIENT CONSIDERATION, the receipt and sufficiency of which is hereby acknowledged, GRANTOR and ACHD agree as folbws: Section 1. Parties 1.1 GRANTOR is a corporation of the State of Idaho, whose address is 237 W. Taylor Avenue, Meridian, Idaho, whose telephone number is (816) 801-6384 and whose fax telephone number is (816) 801-6385. 1.2 ACHD is a body politic and corporate of the State of Idaho whose address is 3775 Adams Street, Garden City, Idaho, whose telephone number is (208) 387-6100 and whose fax telephone number is (208) 387-6391, and which, with the exception of federal and state of Idaho highways, has exclusive jurisdiction and authority over all the public streets, roads, highways and related facilities and public rights-of-way in Ada County, Idaho. Section 2. Recitals 2.1 GRANTOR owns that certain parcel of real property located in Ada County, Idaho, more particularly described on Exhibit A attached hereto (hereinafter Parcel A). 2.2 ACHD has asked that GRANTOR provide a temporary cross access easement to and from Franklin Road, Meridian Idaho, over and across Parcel A (hereinafter Servient Estate) at the location generally depicted on Exhibit B hereto (hereinafter Temporary Cross Access Easement) to and from Franklin Road (hereinafter Dominant Estate) which provides public access. 2.3 GRANTOR acknowledges the safety interest of ACHD and subject to the terms of this Agreement including, but not limited to ACHD's duties and obligations contained in Exhibit C, agrees to provide this temporary cross access easement, subject to the terms and conditions set forth in this Agreement. Section 3. Grant of Easement 3.1 Subject to the terms and conditions set forth in this Agreement, GRANTOR grants to ACHD for the benefit of the general public and for ACHD's employees, agents and contractors and for the tenants, employees, agents and contractors and the guests and invitees of adjacent and adjoining property owners and for the tenants, employees, agents and contractors and the guests and invitees of property owners in the immediate vicinity (hereinafter collectively Authorized Users), an easement for travel by vehicles and bikes whose occupants are, and by pedestrians who are, Authorized Users, to and from Franklin Road, Meridian, Idaho, over and across the Servient Estate to and from Franklin Road which provides public access to Parcel A. The Ada County Highway DaW (ACRD) is twmmiged to awnpGance w9h Me VI of the Civil ROW Ad of 1984 and related regWa M and diecom ACRD assures that no person shall on fire grounds of race, cola na tonal orgm, gander, dsabfily or age, be excluded from parGi pWa► in, be denW Me benefits of, or be otherwise subjeded to disaiminalm urdar any ACHD service, program or adk* Project Name: Meridian Split Corridor (Phase U) Project No: 506047 Name: Dairy Farmers of America, Inc. (successor by merger to Western Dairymen Cooperative) Parcel No: R8342000007 T3N, R1W, Sec 12 3.2 ACHD shall not construct or place any temporary structure or building on any part of the Temporary Cross Access Easement, including, but not limited to: posts, poles, fences, dwellings, garages, sheds, storage structures of any kind, outbuilding, without the prior written consent of GRANTOR. Section 4. Reconstruction of Servient Estate 4.1 Upon completion of the Meridian Split Corridor Phase II Project, ACHD shall at Grantor's option, restore the Servient Estate to as close to its condition immediately prior to commencement of alterations through removal, replacing, repairing, or reimbursing GRANTOR for the reasonable cost of replacement or repair of physical damage to the Servient Estate, whether or not within the Temporary Cross Access Easement. 4.2 ACHD hereby releases GRANTOR and shall fully protect, defend, indemnify and hold harmless GRANTOR from and against any and all claims, costs and fees (including, but not limited to fees/charges from engineers, architects, attorneys, or other professionals, all court or other dispute resolution costs), losses, damages, causes or actions, or liability of any nature (including, but not limited to environmental) arising from or in connection with ACHD's or authorized users' use of the Temporary Cross Access Easement. 4.3 This Agreement and the rights herein granted shall be temporary and in effect until substantial completion of the ACHD project known as Meridian Split Corridor Phase II. The payment terms for the use of the Temporary Cross Access Easement are for an 18 month period beginning on June 1st, 2012. 4.4 ACHD reserves the right to renew the Temporary Cross Access Easement for up to two 6 month intervals, if necessary. The payment terms for the use of the Temporary Cross Access Easement for each additional 6 month period shall be set forth on Exhibit C. Section 5. Modification or Termination The terms and provisions of this Agreement may be modified, supplemented or terminated only by a written instrument executed by the GRANTOR and ACHD. Section 6. Recordin This Agreement shall not be recorded in the official records of Ada County, Idaho. The Ada County Highway Disbtct (ACHD) is car_&d to compWW W#h Tgb VI of hw CW Rights Act of 1964 and related regufadonbse of, HD assures that no person shah on the grounds of race, cola, nafanat algin, gender, disability or age, be exdudad from pwo*aow in,or be otherwise subjected to discrimination under any ACHD service, program or adivNy. Project Name: Meridian split Corridor (Phase il) Project No: 506047 Name: Dairy Farmers of America, Inc. (successor by merger to Western Drymen Cooperative ) Parcel No: R8342000007 T3N, R1 W, Sec 12 GRANTOR DAIRY FARMERS OF AMERICA, INC. (successor by merger with Westem Dairymen Cooperative) Don Jensen, Chief' rating Officer ADA CO NTY HIGHWAY DISTRICT Attachments: Exhibit A (Legal Description of Servient Estate) Exhibit B (Depiction of Temporary Cross Access Easement Area) Exhibit C (Compensation Summary) Ad of 1984 and ►eyed r@FAsoons and draditiM ACRO The Ada County Highway District (ACRD) is WWWW to cornptlanse with VI of the CivN Rigg m, be dented �e bewHAC of assures that no person shall on the grounds of We, color, national on&, gender, disebft or ege, be excluded from Ow*0edon or be otherwise subjected to discrimination under any ACHD service, program or adlwlty. Project Name: Meridian Split Corridor (Phase II) Project No: 506047 Name: Dairy Farmers of America, Inc. (successor by merger to Western Dairymen Cooperative) Parcel No: R8342000007 T3N, R1 W, Sec 12 Exhibit A LEGAL DESCRIPTION LOTS 1, 2, 21, 22, 25 and VAC PT of ST ADJ EXC RNV Taylor Sub, Meridian #0006-B #99071814 3N,1W, Sec. 12, BM m I -- cc v= u LCL a) a 0 O U ro A a� a) O w a� H �j H O a) N M � U a � m Hv O � U � H O U � y� U r -I 44 O $4 n X o %D Cl 4) W Ln zO o 4 z o H U U o (Y, N a) i a) N In -n U If )-I Y -I (d GO M a1 aza a x H cn may. 1. Lu IL S: i)rm Project Name: Meridian Split Corridor (Phase II) Project No: 506047 Name: Dairy Farmers of America, Inc. (successor by merger to Western Dairymen Cooperative, Inc.) Parcel No: 88342000007 T3N, R1W, Sec 12 No. 11 14 r. I Exhibit C COMPENSATION SUMMARY Temporary Access Temporary Cross Acgess Easement: The payment terms for the use of the "Temporary Cross Access Easement" are for an 18 month period. 30,000 sf @ $8.00 per sf x .18 (18 months)..............................................................................$43,200.00 ACHD reserves the right to renew the 'Temporary Cross Access Easement" for up to two 6 month Intervals. 30,000 sf @ $8.00 per sf x .6 (6 months) ............... . ..............................................................$14,400.00 TOTAL COMPENSATION FOR 18 MONTHS .............................................. I .... .. ......................M Additionally: ACHD agrees to pave area as shown on Exhibit B, 3-4 inches in depth as needed. Area will be rolled to provide necessary compaction. (1) None (Seller's I Grantor's Initials); or tanto (2) Seller's I ' disclosure: Seller/Grantor Initial : _------ Property Representative Name: ACHD Initials:__ Property Representative Phone: __________�____ Project Name: Meridian Split Corridor - Phase II Project No: 506047 Name: Camarillo Investments Parcel No: R6129020650 T3N, R1 E, Sec 7 TEMPORARY CROSS ACCESS EASEMENT AGREEMENT THI ORARY �'¢t S CESS EASEMENT AGREEMENT (the "Agreement") is made and entered into on this -day of 2012, by and between Camarillo Investment ProPertles, LLC herei GRANTOR", an the ADA COUNTY HIGHWAY DISTRICT, hereinafter "ACHD"; WITNESSETH: FOR GOOD AND SUFFICIENT CONSIDERATION, the receipt and sufficiency of which is hereby acknowledged, GRANTOR and ACHD agree as follows: Section 1. Parties 1.1 GRANTOR is an individual residing in the State of Idaho, whose address is 1519 N. Meridian Road and whose telephone number is -208-898-9726- 1.2 ACHD is a body politic and corporate of the State of Idaho whose address is 3775 Adams Street, Garden City, Idaho, whose telephone number is (208) 387-6100 and whose fax telephone number is (208) 38709x1, and which, with the exception of federal and state of Idaho highways, has exclusive jurisdiction and authority the public streets, roads, highways and related facilities and public rights-of-way in Ada County, Idaho. Section 2. Recitals 2.1 GRANTOR owns that certain parcel of real property located in Ada County, Idaho, more particularly described on Exhibit "A" attached hereto (hereinafter "Parcel "A"). 2.2 ACHD has asked that GRANTOR provide a temporary cross access easement to and from Main Street, Meridian, Idaho, over and across Parcel "A" (hereinafter "Servient Estate") at the location generally depicted on Exhibit "B" hereto (hereinafter "Temporary Cross Access Easement") to and from Main Street (hereinafter "Dominant Estate") which provides public access. 2.3 GRANTOR acknowledges the safety interest of ACHD and agrees to provide this temporary cross access easement, subject to the terms and conditions set forth in this Agreement. Section 3. Grant of Easement 3.1 Subject to the terms and conditions set forth in this Agreement, GRANTOR grants to ACHD for the benefit of the general public and for ACHUs employees, agents and contractors and for the and for ployeesamts, agents and contractors and the guests and invitees of adjacent and adjoining yrs in the immediate vicinity employees, agents and contractors and the guests and invitees of property ts, and (hereinafter collectively "Authorized Users"), an easement for travel by vehicles and bikes whose occupants by pedestrians who are, Authorized Users, to and from Main Street, Meridian, Idaho, over and across the Servient Estate to and from Main Street which provides public access to Parcel "A" (hereinafter "Temporary Cross Access Easement"). The Ada County Htphway D *kt (ACHD) is ==Mod to comp""' TN W of the CW Rtgfds Act of lg$4 and MWd roguabns end*och . ACHD a be "luded from pedfap860n k1 be dmW the bwmfne of, assuresthetnopersonsheoon any ACH servke.prog►emOradiv - or be atherrvfae subJeded Project Name: Meridian Split Corridor — Phase II Project No: 506047 Name: Camarillo Investments Parcel No: R6129020650 T3N, R1 E, Sec 7 3.2 This Agreement and the rights herein granted shall be temporary and in effect until substantial completion of the ACHD project known as Meridian Split Corridor Phase II. ent to r of the "Temporary Cross Access Easement" are for an 18 month period beginning on .2012. ACHD reserves the right to renew the "Temporary Cross Access E nY for 6 month intervals, I necessary. No "Temporary Cross Access Easement' will be in effect later than Aug 1. 2013 (substantial completion of the Meridian Split Corridor Phase II Project. Section 4. Modification or Termination The terms and provisions of this Agreement may be modified, supplemented or terminated only by a written instrument executed by the GRANTOR and ACRD. Section 5. Recordina This Agreement shall not be recorded in the official records of Ada County, Idaho. ADA COUNTY HIGHWAY DISTRICT Adam Zaragoza, Project Manager, Capital Projects \Imla ITAI 1, )A Tammy McCarthy, ghnior Right of Way Agid Attachments: Exhibit A (Legal Description of Servient Estate) Exhibit 8 (Depiction of Temporary Cross Access Easement Area) Exhibit C (Compensation Summary) The Ade County MgMWY MW (ACHD) is conunNt•d to **h TVs Vl of Me Civil RVft Ad of 1861 and I&Wd repulelons andoyreChu ACRD assures that no person shed on Me grounds of me, color, nadonsl WOO, gerxW, diuW or ape, be excluded from pwffdpdion in, be domed the beneft of, or be aMenMse su*ded to dnahmmUon under any ACHD service, program orad* Project Name: Meridian Split Corridor — Phase II Project No: 506047 Name: Camarillo Investments Parcel No: R6129020650 T3N, R1 E, Sec 7 LEGAL DESCRIPTION PAR #0650 OF BLK 5 F A NOURSES 3RD ADD AMD 3N1E07, BM Exhibit A ia ,S I Raf. S )w X11 ' G A1=•1305sf 9� °� �• A2=61709 It III i Q . to � kk A c Project Name: Meridian Split Corridor — Phase II Project No: 506047 Name: Camarillo Investments Parcel No: R6129020650 T3N, R1 E, Sec 7 Exhibit C COMPENSATION SUMMARY Temporary Access Temporary Cross Access Easement: .............................................................. $12,000.00 The payment terms for the use of the 'Temporary Cross Access Easement' are for an 18 month period. ACHD reserves the right to renew the 'Temporary Cross Access Easement' for 6 month intervals, if necessary. TOTAL COMPENSATION......................................................................... 12.000.00 Additionally, (1) None (Seller's Initials); or (2) Seller's disclosure: Seller Initials: Property Representative Name:n ilr ACHD Initials: Property Representative Phone: • Project Name: Meridian Split Corridor — Phase II Project No: 506047 Name: Beddes Parcel No: R6129020670 T3N, R1 E, Sec 7 TEMPORARY CROSS ACCESS EASEMENT AGREEMENT THIS TE I�PO RARY CR ACC SS EASEMENT AGREEMENT (the "Agreement") is made and entered into on this JJL ay of 2012, by and between Larry Beddes hereinafter "GRANTOR', and the ADA COUNTY HIGHWAY DISTRICT, hereinafter "ACRD"; WITNESSETH: FOR GOOD AND SUFFICIENT CONSIDERATION, the receipt and sufficiency of which is hereby acknowledged, GRANTOR and ACHD agree as follows: Section 1. Parties 1.1 GRANTOR is an individual residing in the State of Idaho, whose address is 1876 Tuesday Lane. Base, ID 83705, and whose telephone number is 317-270-8027 1.2 ACHD is a body politic and corporate of the State of Idaho whose address is 3775 Adams Street, Garden City, Idaho, whose telephone number is (208) 387-6100 and whose fax telephone number is (208) 387-6391, and which, with the exception of federal and state of Idaho highways, has exclusive jurisdiction and authority over all the public streets, roads, highways and related facilities and public rights-of-way in Ada County, Idaho. Section 2. Recitals 2.1 GRANTOR owns that certain parcel of real property located in Ada County, Idaho, more particularly described on Exhibit "A" attached hereto (hereinafter "Parcel "A"). 2.2 ACHD has asked that GRANTOR provide a temporary cross access easement to and from Main Street, Meridian, Idaho, over and across Parcel "A" (hereinafter 'Servient Estate's at the location generally depicted on Exhibit "B" hereto (hereinafter "Temporary Cross Access Easement') to and from Main Street (hereinafter "Dominant Estate") which provides public access. 2.3 GRANTOR acknowledges the safety interest of ACHD and agrees to provide this temporary cross access easement, subject to the terms and conditions set forth in this Agreement. Section I Grant of Easement 3.1 Subject to the terms and conditions set forth in this Agreement, GRANTOR grants to ACID for the benefit of the general public and for ACHD's employees, agents and contractors and for the tenants, employees, agents and contractors and the guests and invitees of adjacent and adjoining property owners and for the tenants, employees, agents and contractors and the guests and invitees of property owners in the immediate vicinity (hereinafter collectively "Authorized Users"), an easement for travel by vehicles and bikes whose occupants are, and by pedestrians who are, Authorized Users, to and from Main Street, Meridian, Idaho, over and across the Servient Estate to and from Main Street which provides public access to Parcel "A" (hereinafter "Temporary Cres Access Easement'. Ths Ada County Highway DW d (ACHD) is oomrnbted to mpft= wit+ Tie W of ft C" RVOS Ad of 104 and rebted Wubb=and dr#Gftt. ACHD asma drat no person they on dna gmun* ofnw, cola, naknW wo, gender, dtab*oraga, be oxdu&dIranparb'cq gag In, be donleddM bm tt of, or be odwww &*Jelled to *cOmmaBon undsrany ACHD serum program aadrvlfy. Project Name: Meridian Split Corridor – Phase II Project No: 506047 Name: Beddes Parcel No: R6129020670 T3N, R1 E, Sec 7 3.2 This Agreement and the rights herein granted shall be temporary and in effect until substantial completion of the ACHD project known as Meridian Split Condor Phase II. The payment takm fQF thef the "Temporary Cross Access Easement" are for an 18 month period beginning on1 2012. ACHD reserves the right to renew the "Temporary Cross Access Easement" for 6 Inonth intervals, if necessary. No "Temporary Cross Access Easement" will be in effect later than August 31. 2013 (substantial completion of the Meridian Split Corridor Phase II Project. Section 4. Modification or Termination The terms and provisions of this Agreement may be modified, supplemented or terminated only by a written instrument executed by the GRANTOR and ACRD. Section 5. This Agreement shall not be recorded in the official records of Ada County, Idaho. GRANTOR ADA COUNTY HIGHWAY DISTRICT 2*!)7— Adam Zaragoza, Project Manager, Capital Projects �4" Iyym \ 1 AY -f -c ixX Tammy McCarth , Nor Right of Way Agent Attachments: Exhibit A (Legal Description of Servient Estate) Exhibit B (Depiction of Temporary Cross Access Easement Area) Exhibit C (Compensation Summary) The Ada Cou*Mghway Df&d (ACHD) is co mnited to mmftw wdh Tft VI of ft Ciel Wft Ad of I N4 emf Mend roguef w ands. ACRD mum that no perwr► shat on dw grounM of not, coix nab" wo, gender dab* or apt; be oxduded fromperda0edon in, be denied the bww is of, or be ode ww subpded b disakawkon undermyACHD serft program orsawly. Project Name: Meridian Split Corridor — Phase II Project No: 506047 Name: Beddes Parcel No: R6129020670 T3N, R1 E, Sec 7 LEGAL DESCRIPTION 1535 N. MAIN ST PAR #0670 OF N 103 FT BLK 5, EXC W 200 FT F A NOURSES 3RD ADD AMD #95020217 3N1E07, BM Exhibit A 2 j 'rr a :1 1 _ a - i 4 or C9 � A 1=4305sf Mgr A2=6175 �f s „y�yf Cl) Lf) 0 M { L' Project Name: Meridian Split Corridor — Phase II Project No: 506047 Name: Beddes Parcel No: R6129020670 UN, RIE, Sec 7 Exhibit C COMPENSATION SUMMARY Temporary Access Temporary Cross Access Easement: ...................................................................................... $15,100.00 The payment terms for the use of the "Temporary Cross Access Easement" are for an 18 month period. ACHD reserves the right to renew the 'Temporary Cross Access Easement" for 6 month intervals, if necessary. TOTALCOMPENSATION..................................................................................................... 115.100.QQ Additionally: ACHD agrees to provide rotomilled asphalt in driveway area as shown on Exhibit B, 3-4 inches in depth as needed. Area will be rolled to provide necessary compaction. Landowner has the option at the completion of the project whether t have the rotomill d removed. `f r t1 G }) jfi--�.&-My. � S �i r (� � Ccn 5tr'l,lC'+-f?Q� (Y i d a4 Y f�r� u( -ACV) Qi~CCE - (1) None ,Seller's Initials); or (2) Seller's disclosure: Seller Initials: Property Representative Name: ACHD Initials:,JI Property Representative Phone: Z Project Name: Meridian Split Corridor — Phase II Project No: 506047 Name: Boesiger RW Parcel No: 66 Parcel No: R6129020295 T3N, R1E, Sec 7 TEMPORARY CROSS ACCESS EASEMENT AGREEMENT THIJrd� RARY 42 SS EASEMENT AGREEMENT the "A reemen ( g t'� is made and entered ir>to on this y of, 2012, by and between Richard D. Boesiger hereinafter "GRANTOR", and the ADA C HIGHWAY DISTRICT, hereinafter "ACHD"; WITNESSETH: FOR GOOD AND SUFFICIENT CONSIDERATION, the receipt and sufficiency of which is hereby acknowlodged, GRANTOR and ACHD agree as follows: Section 1. Parties 1.1 GRANTOR is an individual residing in the State of Idaho, whose address is 13, la, u1 r ll c um, i 't- and whose telephone number is �3 g S — 1.2 ACHD is a body politic and corporate of the State of Idaho whose address is 3775 Adams Street, Garden City, Idaho, whose telephone number is (208) 387-6100 and whose fax telephone number is (208) 387-6391, and which, with the exception of federal and state of Idaho highways, has exclusive jurisdiction and authority over all the public streets, roads, highways and related facilities and public rights-of-way in Ada County, Idaho. Section 2. Recitals 2.1 GRANTOR owns that certain parcel of real property located in Ada County, Idaho, more particularly described on Exhibit "A" attached hereto (hereinafter "Parcel "A"). 2.2 ACHD has asked that GRANTOR provide a temporary cross access easement to and from Main Street, Meridian, Idaho, over and across Parcel "A" (hereinafter "Servient Estate") at the location generally depicted on Exhibit "B" hereto (hereinafter "Temporary Cross Access Easement? to and from Main Street (hereinafter "Dominant Estate") which provides public access. 2.3 GRANTOR acknowledges the safety interest of ACHD and agrees to provide this temporary cross access easement, subject to the terms and conditions set forth in this Agreement. Section 3. Grant of Easement 3.1 Subject to the terms and conditions set forth in this Agreement, GRANTOR grants to ACHD for the benefit of the general public and for ACHD's employees, agents and contraclors and for the tenants, employees, agents and contractors and the guests and invitees of adjacent and adjoining property owners and for the tenants, employees, agents and contractors and the guests and invitees of property owners in the immediate vicinity (hereinafter collectively "Authorized Users"), an easement for travel by vehicles and bikes whose occupants are, and by pedestrians who are, Authorized Users, to and from Main Street, Meridian, Idaho, over and across the Servient Estate to and from Main Street which provides public access to Parcel "A" (hereinafter "Temporary Cross Access Easement"). t The Ada County Highway Dfsbk t (ACHD) is MMWW to m WenoeWO TWO W of the CAd Rights Ad of 1864 and related mpulafbrrs anddllac*u ACRD assures flint no pwson "on Um grounds of race, cobr, rmft of "In, gndsr, dis0* or ape, be awdWWompattoetfon in, be denbd Wes bwft of, or be ofheiw/se subjected to dlsainu mUm umleranyACHD s&Vw, program orachvWy. Project Name: Meridian Split Corridor – Phase II Project No: 506047 Name: Boesiger RW Parcel No: 66 Parcel No: R6129020295 T3N, RIE, Sec 7 3.2 This Agreement and the rights herein granted shall be temporary and in effect until substantial completion of the ACHD project known as Meridian Split Corridor Phase II. The payment terms for the use of the'Temporary Cross Access Easement' are for an 18 month period beginning n .2012. ACHD reserves the right to renew the 'Temporary Cross Access Easement" forAmon intervals, if necessary. No "Temporary Cross Access Easement" will be in effect later than Arp-pop / 2D 13 (substantial completion of the Meridian Split Corridor Phase II Project a Section 4. Modification or Termination The terms and provisions of this Agreement may be modified, supplemented or terminated only by a written instrument executed by the GRANTOR and ACRD. Section 5. Recording This Agreement shall not be recorded in the oftial records of Ada County, Idaho. Neii!! �o reptsova &j Xc-H-,P Ho lAt4V na,h /S' 267 GRANTOR 1/6" is/ D13 — aj-114� p. Richard D. Boesiger, Property Owner ADA COUNTY HIGHWAY DISTRICT Adam ZAragag, Project Manager, Capital Projects iin-im"y McCatth Senior Right of Way Agent Attachments: Exhibit A (Legal Description of Servient Estate) Exhibit B (Depiction of Temporary Cross Access Easement Area) Exhibit C (Compensation Summary) The Ada County Highway Diablo (ACRD) Is eanrnRted to songDliance with Me V! of Me Civil Rob Act of 1984 and m Wed►e9nrl#km and dasdhw ACRD assures that no person shag on the grounds ofraoe, color, ndbnel od*, gender, dlaabiti<y or age, be excluded from pmOdpation In, be denied 8x! bsnebtaof, orbe ot6e ww sub)eded to dhakdw tlon under enyACHD=vke, program orsdiwiy. Project Nam: Meridian Split Corridor — Phase II Project No: 506047 Name: Boesiger RW Parcel No: 66 Parcel No: R6129020295 T3N, RE, Sec 7 LEGAL DESCRIPTION PAR #0295 OF BLK 2 and 3 F A NOURSES 3RD ADD AMD 3N1E07, BM Exhibit A %smut ... is k, r G 4 > d t MI • im� M W _ 41 Cn r �y A2=7416sf :Amzen Alt Access 115,632 sf'. A1=711'." -d r 109�8'sfi .. Q li a fSi . ■ l Project Name: Meridian Split Corridor — Phase II Project No: 506047 Name: Boesiger RW Parcel No: 66 Parcel No: R6129020295 T3N, RIE, Sec 7 Exhibit COMPENSATION SUMMARY Temporary Access Temporary Cross Access Easement: .............................................................. $7,200.00 The payment terms for the use of the 'Temporary Cross Access Easement' are for an 18 month period. ACHD reserves the right to renew the 'Temporary Cross Access Easement" for 6 month intervals, if necessary. PARCEL 66 TOTAL COMPENSATION......................................................................... $7.2 A , (1) None " (dell WWIW #aW); or (2) Seller's disclosure: Seiler Initials: -V 8 Property Representative Name: �Ict,)av-d ACHD Initials: _ Property Representative Phone: ;5zc --C) i 1e� Project Name: Meridian Split Corridor (Phase II) Project No: 506047 Name: Amzen RW Parcel No: 73 Parcel No: R6129020330 T3N, R1 E, Sec 07 TEMPORARY CROSS ACCESS EASEMENT AGREEMENT THIS T,��jP01jARY CROS%HI CESS EASEMENT AGREEMENT (the "Agreement") is made and entered into on this p V-dyy of 2012, by and between Randy Arnzen hereinafter "GRANTOR", and the ADA COUNTHWAYDISTRICT, hereinafter "ACHD"; WITNESSETH: FOR GOOD AND SUFFICIENT CONSIDERATION, the receipt and sufficiency of which is hereby acknowledged, GRANTOR and ACHD agree as follows: Section 1. Parties 1.1 GRANTOR is an individual residing in the State of Idah ose address is B20� r 0 • MW , and whose telephone number is �o — j 1.2 ACHD is a body politic and corporate of the State of Idaho whose address is 3775 Adams Street, Garden City, Idaho, whose telephone number is (208) 387-6100 and whose fax telephone number is (208) 387-6391, and which, with the exception of federal and state of Idaho highways, has exclusive jurisdiction and authority over all the public streets, roads, highways and related facilities and public rights-of-way in Ada County, Idaho. Section 2. Recitals 2.1 GRANTOR owns that certain parcel of real property located in Ada County, klaho, more particularly described on Exhibit "A" attached hereto (hereinafter "Parcel "Al. 2.2 ACHD has asked that GRANTOR provide a temporary cross access easement to and from Main Street, Meridian, Idaho, over and across Parcel "A" (hereinafter "Servient Estate") at the location generally depicted on Exhibit "B" hereto (hereinafter "Temporary Cross Access Easement) to and from Main Street (hereinafter "Dominant Estate") which provides public access. 2.3 GRANTOR acknowledges the safety interest of ACHD and agrees to provide this temporary cross access easement, subject to the terms and conditions set forth in this Agreement. Section 3. Grant of Easement 3.1 Subject to the temps and conditions set forth in this Agreement, GRANTOR grants to ACHD for the benefit of the general public and for ACHD's employees, agents and contractors and for the tenants, employees, agents and contractors and the guests and invitees of adjacent and adjoining property owners and for the tenants, employees, agents and contractors and the guests and invitees of property owners in the immediate vicinity (hereinafter collectively "Authorized Users', an easement for travel by vehicles and bikes whose occupants are, and by pedestrians who are, Authorized Users, to and from Franklin Road, Meridian, Idaho, over and across the Servient Estate to and from Main Street which provides public access to Parcel "A" (hereinafter 'Temporary Cross Access Easement"). rhe Ada County Hog fty USM (ACHD) is commltfed to comp4ance mth r9s Vt of No Civil RWoAd of 1964 and mhftd reguWtbns end *ecffiw. ACRD awns that no person dW on the gmunda of ince, color, raft l ordgln, gender, daaWatyorsge, be ack ded ham paftoalbn In, be dmW the beneNs of, or be otherwise subjected to dlsaftotbn underanyACHD service, program oras" Project Name: Meridian Split Corridor (Phase li) Project No: 506047 Name: Amzen RW Parcel No: 73 Parcel No: R6129020330 T3N, R1 E, Sec 07 3.2 This Agreement and the rights herein granted shall be temporary and in effect until substantial completion of the ACHD project known as Meridian Split Corridor Phase II. nt terms f r the use of toe "Temporal Cross Access Easement" are for an 18 month period beginning or 6xzp�= n ACHD reserves the right to renew the "Temporary Cross Access e 'Temporary Cross Access Easement° will be in effect later than ✓ (substantial completion of the Meridian Split Corridor Phase II Project. Section 4. Mod ti aWn or Termination The terms and provisions of this Agreement may be modified, supplemented or terminated only by a WNW instrument executed by the GRANTOR and ACHD. Section 5. Recordi This Agreement shall not be recorded in the official record of Ada County, Idaho. GRANTOR Ran cozen, Property ADA COUNTY HIGHWAY DISTRICT Adam Zarago Manager, Capital Projects Q Tammy McCarthy, Right of Way Agent Attachments: Exhibit A (Legal Description of Servient Estate) Exhibit B (Depiction of Temporary Cross Access Easement Area) Exhibit C (Compensation Summary) The Ade County Ho my okM (ACRD) Is conwftd to compxmce wtih 7M Vl of the C F*Adof be eluded fromm&J@fpmq !n, be dmk0 Ne AM assures thatno person shall on the grounds of rake, color, national010, ga►�r d Y age, or be otherwta sub)ecfed to d[wdn* ation amderany ACHo swvk o, program Or sdvdy. Project Name: Meridian Split Corridor (Phase II) Project No: 506047 Name: Armen RW Parcel No: 73 Parcel No: 86129020330 T3N, RI E, Sec 07 Exhibit A LEGAL DESCRIPTION PAR #0310 N. 83' of S ih OF BLK 3 EXC W 120' F A NOURSES 3RD ADD AMD 3N1 E07, BM MOW y� .r.Rno IT11TOTIT-11i... E1r ki a •U r Sp _. \-12' Irr. P!pe A2=7416sf iAmzen Alt Access sf A1=711=;st Ln Ln CD Ln t < y Project Name: Meridian Split Corridor (Phase II) Project No: 506047 Name: Arnzen RW Parcel No: 73 Parcel No: R6129020330 UN, WE, Sec 07 COMPENSATION SUMMARY Temporary Access Temporary Cross Access Easement: ............................................................. I %, tUD Mloom Exhibit C The payment terms for the use of the "Temporary Cross Access Easement" are for an 18 month period. ACHD reserves the right to renew the "Temporary Cross Access Easement' for 6 month intervals, if necessary. )S, 0oo PARCEL 73 TOTAL COMPENSATION............................................................. ......... —' Add'tionalI �lac-e' �Y r IC.�L � to e. vred� and arri r lost r1,t� v�-�,5�-� ext�1'i h Y ly-ri• ��u Y i �� r eG+ r AC (1�f�.C...C.��aY i �� ►n ire to tY�� None (Sell Initials); or (2) Seller's disclosure: Seller Initials: Property Representative Name: ;3� ��� ACHD Initials: Property Representative Phone: X -TO — Project Name: Meridian Split Corridor — Phase I I Project No: 506047 Name: Armen (Shirley Blooms) RW Parcel No: 73 Parcel No: 86129020330 T3N, Ri E, Sec 7 TEMPORARY CONSTRUCTION EASEMENT THIS INDENTURE, made this - day of M -6' -Gk , 2012, Randy J. Arnzen wife, he and Danette Arnzen, husband and reinafter "GRANTOR", and ADA COUNTY HIGHWAY DISTRICT, a body politic and corporate of the State of Idaho, hereinafter "ACRD"; 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 easements (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 Estatel. 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 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 ACRD. 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 ACRD, 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. Project Name: Meridian Split Corridor — Phase II Project No: 506047 Name: Armen (Shirley Blooms) RW Parcel No: 73 Parcel No: R6129020330 T3N, R1E, Sec 7 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 ACRD, 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) 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. ,d Danette Amzen, Owner NO ACKNOWLEDGEMENT NEEDED. THIS EASEMENT IS NOT TO BE RECORDED The Ada County Highway Dict (ACHD) Is committed to compliance wNh Title A of the Cid Rights Act of 1984 and related regulations and dkecbves. ACHD assures that no person shag on the grounds of race, color, national origin gender, dlsabigty or age, be excluded from participation in, be denied the benefits of, or be oterorise subjected to discrimination under any ACHD service, program or activity. Project Name: Meridian Split Corridor - Phase II Project No: 506047 Name: Arnzen (Shirley Blooms) RW Parcel No: 73 Parcel No: R6129020330 T3N, R1 E, Sec 7 COMPENSATION SUMMARY Temporary Easement: 611 sf @ $8.00 per sf x 20%.......................................................................... $ 488.80 Tree $ 2,500.00 TOTAL COMPENSATION..................................................................... 12,218.60 ACHD WILL PROVIDE CONSTRUCTION FEATURES AS SHOWN ON THE RIGHT-OF-WAY PLAN SHEETS dated July 6, 2011, sheet 14 of 26: Access Points as depicted on the plan sheets are subject to change upon redevelopment or as traffic safety conditions warrant. Negotiated Items:__��_ Seller's disclosure of hazardous materials: (1) None -- (Seller's Initials); or (2) Seller's disclosure: Seller Initials:_ ACHD Initials: Version: 5/20/08 Property Representative Name: Property Representative Phone: IN�"INA101) 7707, I�► o .� a� a�ovac m�o�9�� Project Name: Meridian Split Corridor — Phase II Project No: 506047 Name: Jerome RW Parcel No: 74 Parcel No: R6129020360 T3N, RIE, Sec 7 TEMPORARY CROSS ACCESS EASEMENT AGREEMENT THIS TEMPORARY C30SS ACCESS EASEMENT AGREEMENT (the "Agreement") is made and entered into on this --L_ day of Z) K K -t— . 2012, by and between Ken Jerome and Darlene Jerome hereinafter "GRANTORS% and the ADA COUNTY HIGHWAY DISTRICT, hereinafter "ACHD"; WITNESSETH: FOR GOOD AND SUFFICIENT CONSIDERATION, the receipt and sufficiency of which is hereby acknowledged, GRANTOR and ACHD agree as follows: Section 1. Parties 1.1 GRANTOR is an individual residing in the State of Idaho, whose address is 1324 N. Meridian Road and whose telephone number is 484-9823. 1.2 ACHD is a body politic and corporate of the State of Idaho whose address is 3775 Adams Street, Garden City, Idaho, whose telephone number is (208) 387-6100 and whose fax telephone number is (208) 387-6391, and which, with the exception of federal and state of Idaho highways, has exclusive jurisdiction and authority over all the public streets, roads, highways and related facilities and public rights-of-way in Ada County, Idaho. Section 2. Recitals 2.1 GRANTOR owns that certain parcel of real property located in Ada County, Idaho, more particularly described on Exhibit "A" attached hereto (hereinafter "Parcel "A"). 2.2 ACHD has asked that GRANTOR provide a temporary cross access easement to and from Main Street, Meridian, Idaho, over and across Parcel "A" (hereinafter "Servient Estatel at the location generally depicted on Exhibit V hereto (hereinafter "Temporary Cross Access Easement") to and from Main Street (hereinafter 'Dominant Estate's which provides public access. 2.3 GRANTOR acknowledges the safety interest of ACHD and agrees to provide this temporary cross access easement, subject to the terms and conditions set forth in this Agreement. Section 3. Grant of Easement 3.1 Subject to the terms and conditions set forth in this Agreement, GRANTOR grants to ACHD for the benefit of the general public and for ACHD's employees, agents and contractors and for the tenants, employees, agents and contractors and the guests and invitees of adjacent and adjoining property owners and for the tenants, employees, agents and contractors and the guests and invitees of property owners in the immediate vicinity (hereinafter collectively "Authorized Users"), an easement icor travel by vehicles and bikes whose occupants are, and by pedestrians who are, Authorized Users, to and from Main Street, Meridian, Idaho, over and across the Servient Estate to and from Main Street which provides public access to Parcel "A' (hereinafter "Temporary Cross Access EasemwC). the Ada county I*hmy DhW (ACHD) is co wftd to cwos oe vio TRb W of do C"►rV6 Ad of 1964 and slated mp Alms and d whu ACHD assures that no person dW on 6b pow* of am, oobr, n ftW M0, perder,, d oblty or age, be axduded loom par9apaft In, be &W the bww* of, or be odwwtse subjected to d(acdmiWm under any ACHD service, program or acing: Project Name: Meridian Split Corridor— Phase II Project No: 506047 Name: Jerome RW Parcel No: 74 Parcel No: R6129020360 T3N, R1 E, Sec 7 3.2 This Agreement and the rights herein granted shall be temporary and in effect until substantial completion of the ACHD project known as Meridian Split Corridor Phase II. The payment terms for the use of the "Temporary Cross Access Easement" are for an 18 month period beginning June 1, 2012, 2012. ACHD reserves the right to renew the "Temporary Cross Access Easement' for 6 month intervals, if necessary. No "Temporary Cross Access Easement" will be in effect later than December 1, 2011A (motantial completion of the Meridian Split Corridor Phase II Project. IlG�, Section 4. Modification or Termination The terms and provisions of this Agreement may be modified, supplemented or terminated only by a written instrument executed by the GRANTOR and ACHD. Section 5. Recording This Agreement shad not be recorded in the official records of Ada County, Idaho. GRANTOR OwnerKen Jerome,����' ��_,i 1► _ Lei " Darlene Jerome,• ADA COUNTY HIGHWAY DISTRICT Adam Zpragoza, Project Manager, Capital Projects Supervisor Attachments: Exhibit A (Legal Description of Servient Estate) Exhibit 8 (Depiction of Temporary Cross Access Easement Area) Exhibit C (Compensation Summary) The Ada County Highway DhMd (ACHD) is ww*ted ib wn pdanoe wim Tide Vl of do Civil Rights Ad of 199/ and rebut regulations and di►ach t. ACHD amps OW no person shad on the grounds of race, cobr, national mot gender, dlsabilky or age, be exdudad from parficpedon in, be dbded Mie A•ntAFt of, or be otherwbe subjected to dbakdnafbn under anyAGiD smke, program or actively. Project Name: Meridian Split Corridor — Phase II Project No: 506047 Name: Jerome RW Parcel No: 74 Parcel No: R6129020360 T3N, R1 E, Sec 7 Exhibit A LEGAL DESCRIPTION PAR #0360 S % of W% of N % OF BLK 3 F A NOURSES 3RD ADD AMD 3N1E07, BM Project Name: Meridian Split Corridor - Phase II Project No: 506047 Name: Jerome RW Parcel No: 74 Parcel No: R6129020360 T3N, RIE, Sec 7 Exhibit C COMPENSATION SUMMARY Temporary Access Temporary Cross Access Easement: .............................................................. $6,300.00 The payment terms for the use of the "Temporary Cross Access Easement' are for an 18 month period. ACHD reserves the right to renew the 'Temporary Cross Access Easement" for 6 month intervals, if necessary. PARCEL 74 TOTAL COMPENSATION......................................................................... Additionally: Contractors to provide asphalt paving along Temporary Cross Access Easement area to the entire remainder rear of the property (east side). (1) None (Seller's Initials); or (2) Seller's disclosure: Seller Initials Property Representative Name* N V 1A QlcN— <Z.�ro rr-e– ACHD Initials: Property Representative Phone: 2�k'12'41- IS213 Project Name: Meridian Split Corridor (Phase II) Project No: 506047 Name: Marc Johnson RW Parcel No: 75/76/82 Parcel No: 861290205609PORARY R612902510 T3N, R1 E, Sec 07 CROSS ACCESS EASEMENT AGREEMENT THIS T RY CFZQS14 C S EASEMENT AGREEMENT (the "Agreement') is made and entered into on this y of _ 2012, by and between Marc Johnson hereinafter "GRANTOR", and the ADA COUNTY HIGHWAY DISTRICT, hereinafter "ACHD"; WITNESSETH: FOR GOOD AND SUFFICIENT CONSIDERATION, the receipt and sufficiency of which is hereby acknowledged, GRANTOR and ACHD agree as follows: Section 1. Parties 1.1 GRANTOR is an individual residing in the State8q, Idaho -dose address is and whose telephone number is (� 0 1.2 ACHD is a body politic and corporate of the State of Idaho whose address is 3775 Adams Street, Garden City, Idaho, whose telephone number is (208) 387-6100 and whose fax telephone number is (208) 387-6391, and which, with the exception of federal and state of Idaho highways, has exclusive jurisdiction and authority over all the public streets, roads, highways and related facilities and public rights-of-way in Ada County, Idaho. Section 2. Recitals 2.1 GRANTOR owns that certain parcel of real property located in Ada County, Idaho, more particularly described on Exhibit "A" attached hereto (hereinafter "Parcel "Al. 2.2 ACHD has asked that GRANTOR provide a temporary cross access easement to and from Main Street, Meridian Idaho, over and across Parcel "A" (hereinafter "Servient Estate") at the location generally depicted on Exhibit "B" hereto (hereinafter 'Temporary Cross Access Easement") to and from Main Street (hereinafter "Dominant Estate"} which provides public access. 2.3 GRANTOR acknowledges the safety interest of ACHD and agrees to provide this temporary cross access easement, subject to the terms and conditions set forth in this Agreement. Section 3. Grant of Easement 3.1 Subject to the terms and conditions set forth in this Agreement, GRANTOR grants to ACHD for the benefit of the general public and for ACHD's employees, agents and contractors and for the tenants, employees, agents and contractors and the guests and invitees of adjacent and adjoining property owners and for the tenants, employees, agents and contractors and the guests and invitees of property owners in the immediate vicinity (hereinafter collectively "Authorized Users', an easement for travel by vehicles and bikes whose occupants are, and by pedestrians who are, Authorized Users, to and from Main Street, Meridian, Idaho, over and across the Sentient Estate to and from Main Street which provides public access to Parcel "A" (hereinafter `Temporary Cross Access Easement"). The Ada Counlyk tghway DtsM(ACHD) is aommdted to calk ftw with Title VI of the Chi Rift Act of 1884 and related t V&Wns and dGedm ACHD assures Met no person shell an Hie gnwnds of race, color, national odgo, gender, arsabilly or age, be alluded from peftoeAon in, be denied No benelt of, or be 00Wmise subjected to discrimination under any ACHD servke, program oracth* Project Name: Meridian Split Corridor (Phase II) Project No: 506047 Name: Marc Johnson RW Parcel No: 75!76/82 Parcel No: 86129020560 / R6129020632 / R612902510 T3N, R1 E, Sec 07 3.2 This Agreement and the rights herein granted shall be temporary and in effect until substantial completion of the ACHD project known as Meridian Split Corridor Phase II. Thq.9qrent to r the us of the `Temporary Cross Access Easement" are for an 18 month period beginning on , 2012. ACHD reserves the right to renew the 'Temporary Cross Access Ea ent" for 6 mon intervals, if necessary. No "Temporary Cross Access Easement" will be in effect later than (substantial completion of the Meridian Split Corridor Phase II Project. Section 4. Modification or Termination The terms and provisions of this Agreement may be modified, supplemented or terminated only by a written instrument executed by the GRANTOR and ACRD. Section 5. Recording This Agreement shall not be recorded in the official records of Ada County, Idaho. GRANTOR Marc Johnson, Property Owner ADA COUNTY HIGHWAY DISTRICT Simla, Adam Zaragoza, Project Manager, Capital Projects -��mu-A -w4-a.A4,�' Tammy McCarthy, Vrilor Riglit of Way Agent Attachments: Exhibit A (Legal Description of Servient Estate) Exhibit B (Depiction of Temporary Cross Access Easement Area) Exhibit C (Compensation Summary) The Ada county Highway Disod (ACHD) is eommfited to compfiance WM Titre VI of ti►e CH Rights Ad of 1964 and related NgLdadm and directives. ACHD assures that no person &W on the grounds of rice, color, national wigio, gender, dsabW orage, be oduded from padkipadon In, be denied the benefits of, or be otherwise subjaded to dsaiminalion under any ACHD service, program oradW Meridian Split Corridor Phase II Project No: 506047 Name: Marc Johnson RW Parcel No: 75/76/82 Parcel No: R6129020560 / R6129020532 / R612902510 UN, R1 E, Sec 07 LEGAL DESCRIPTION PAR #0560 OF BLKS 3 & 4 F A NOURSES 3RD ADD AMD PARCEL C R/S 8427 #0350-S #0531-S #0550-S 3N1E07, BM Exhibit A Project Name: Meridian Split Corridor (Phase II) Project No: 506047 Name: Marc Johnson RW Parcel No: 75/76/82 Parcel No: 86129020560 / R6129020532 / R612902510 T3N, RIE, Sec 07 COMPENSATION SUMMARY Temporary Access Temporary Cross Access Easement: .................................................. $32,000.00 Exhibit C The payment terms for the use of the "Temporary Cross Access Easement" are for an 18 month period. ACHD reserves the right to renew the "Temporary Cross Access Easement" for 6 month intervals, if necessary. PARCEL 75/76/82 TOTAL COMPENSATION......................................................................... $32.000.00 Additionally (1) None (Seller's Initials); or (2) Seller's disclosure: ,y l Seller Initials. Property Representative Name: _ Yid hrk5�r'� ACHD Initials Property Representative Phone: _