Regular Agenda / Public Hearing for Board of Commissioners meeting January 7, 2015

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1 Rebecca W. Arnold, Commissioner Sara M. Baker, Commissioner Jim D. Hansen, Commissioner Kent Goldthorpe, Commissioner Paul Woods, Commissioner TO: FROM: ACHD Board of Commissioners & Bruce S. Wong, Director David Serdar Right of Way Supervisor DATE: December 23, 2014 SUBJECT: Vacation/Exchange of Public Right of Way - Public Hearing and adoption of Resolution Numbers 2081, 2082, 2083, 2084, 2085, 2086, 2087, 2088, and 2089 for an application to vacate the public right of way on E. Warm Springs Avenue and vacate 4 sidewalk easements along E. Warm Springs Avenue and Perrault Way. The portions of right of way are located in Sections 19, 20, 29, and 30, Township 3 North, Range 3 East, Boise Meridian, Ada County, Idaho, and the sidewalk easements are located in Section 19, Township 3 North, Range 3 East, Boise Meridian, City of Boise, Ada County, Idaho. Regular Agenda / Public Hearing for Board of Commissioners meeting January 7, 2015 EXECUTIVE SUMMARY FACTS & FINDINGS This action is taken to vacate portions of the public right of way on E. Warm Springs Avenue, E Parkcenter Blvd, and vacate 4 sidewalk easements along E. Warm Springs Avenue and Perrault Way. The portions of right of way are located in Sections 19, 20, 29, and 30, Township 3 North, Range 3 East, Boise Meridian, Ada County, Idaho, and the sidewalk easements are located in Section 19, Township 3 North, Range 3 East, Boise Meridian, City of Boise, Ada County, Idaho. 1. ACHD received a petition and application for the vacation of the above-referenced right of way from RiveRidge Engineering Company, on behalf of the Harris Family Limited Partnership, Barber Valley Development, and Gary and Bonnie Harris (Attachment 1). 2. This vacation is necessary to vacate and relocate existing rights of way along both north and south Warm Springs Avenue to align with the master roadway layout along Warm Springs. Once vacated, all final rights of way will be located to the road side of future sidewalks, as agreed to between the developer and ACHD. 3. The area being proposed for the portion of right of way to be vacated encompasses approximately acres or 36,950 sf of land, more or less. The area being proposed for the sidewalk Ada County Highway District 3775 Adams Street Garden City, ID PH FX

2 easements to be vacated encompasses approximately acres or 1,162 sf, more or less (Attachment 2). 4. The vacation/exchange is taking place as part of the commission approved development application. The developer wants E. Parkcenter Blvd to become a collector road instead of staying an arterial road. The new arterial road has already been dedicated to ACHD. The dedication is acres or 368,520 sf more or less (Attachment 3). The developer will pay to have the new 5 lane road built in the dedication location. 5. As required by Idaho Code, section a public hearing is to be held, of which hearing notice shall be published in accordance with the provisions of section Notice of the public hearing is being published in the Idaho Statesman on December 23 rd, 24 th, and December 31 st, 2014, with the last date of publication at least five (5) days before the hearing. 7. In accordance with Idaho Law and ACHD policy, comments were requested from the following public and private agencies and public utilities, regarding their plans for the area of the proposed vacation. In addition, ACHD staff has been notified and comments were requested concerning the requested vacation. A. ACHD Staff comments: Brian McCarthy, Utility Coordinator commented that any utilities existing within the vacated area will need to have access to maintain facilities. B. The following agencies had no response: Qwest Intermountain Gas Company Boise City Clerk Boise City Fire Department Boise City Public Works Boise City Parks Department Boise Project Board of Control Boise City Canal Company Bench Sewer District Integra Telecom Cable One Television

3 Time Warner Telecom Chevron Pipeline AT & T Communications Boise Warm Springs Water District Ada County Development Services American Fiber Systems C. The following agencies responded and had no objection: Nampa & Meridian Irrigation District United Water Idaho Tesoro Logistics West Boise Sewer District D. The following agencies responded and made comments: Boise City Public Works There are public street light facilities that are installed behind the sidewalk in some locations, and they would like to see them provide a 10 utility easement behind the new right of way line. Boise City Planning & Development Services The vacation is consented to subject to the following condition of approval: The applicant shall grant a sidewalk easement to the City of Boise for the vacated public street right of way segments. The applicant shall create a ten foot street light easement from the back of the curb along both sides of Warm Springs Avenue to ensure access for street lights, street light conduit, and any other associated equipment such as power cabinets as needed. 8. There is no access to Federal or State lands or waters that will be denied if the requested vacation is approved. 9. On December 4, 2014 a letter was sent out notifying all the property owners within 300 feet of the requested vacation of the public hearing date. 10. The public hearing for the vacation and abandonment of the above referenced public Right of Way will be conducted on January 7, Attached for Commission review and consideration are Resolution Numbers 2081, 2082, 2083, 2084, 2085, 2086, 2087, 2088, and 2089 (Attachment 4).

4 FISCAL IMPACT 12. Approval of the vacation and abandonment is subject to retention of the public and private utility easements, drainage easements, irrigation easements, and/or other easements of record or not of record or in use upon or under said described public right of way and/or the provisions for the relocation or replacement of existing facilities. 13. Costs associated with relocation or replacement of existing easements and facilities shall be borne by the applicant with approval of the applicable utility or agency. The required application fee of $ was paid by the applicant. POLICY IMPLICATIONS The public hearing and the vacation procedures were accomplished according to current ACHD policies. RECOMMENDATIONS Staff recommends that the Board of Commissioners approve and sign Resolution Numbers 2081, 2082, 2083, 2084, 2085, 2086, 2087, 2088, and 2089 and the president of the board sign the quitclaim deeds (Attachment 5) to vacate portions of the public right of way and sidewalk easements. This action is taken to vacate portions of the public right of way on E. Warm Springs Avenue and vacate 4 sidewalk easements along E. Warm Springs Avenue and Perrault Way. The portions of right of way are located in Sections 19, 20, 29, and 30, Township 3 North, Range 3 East, Boise Meridian, Ada County, Idaho, and the sidewalk easements are located in Section 19, Township 3 North, Range 3 East, Boise Meridian, City of Boise, Ada County, Idaho. ATTACHMENTS: 1. Application for vacation 2. Depiction of proposed vacation parcels and sidewalk easements 3. Depiction of dedicated area 4. Resolution Numbers 2081, 2082, 2083, 2084, 2085, 2086, 2087, 2088, and Quitclaim Deeds to the Harris Family Limited Partnership, Barber Valley Development, and Gary and Bonnie Harris cc: Right of Way File RiveRidge Engineering Company Attn: David G. Powell, dpowell@rvrdg.com

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17 E Warm Springs Av S Perrault Way S Wise Way S Palmatier W ay E Parkcenter Blvd S Trailwood Way E. WARM SPRINGS AVE. Right of Way Vacations Right-of-Way Vacation 1 Approx Sq. Ft. Right-of-Way Vacation 2-A Approx. 640 Sq. Ft. Right-of-Way Vacation 2-B Approx Sq. Ft. Right-of-Way Vacation 3 Approx Sq. Ft. Right-of-Way Vacation 4 Approx Sq. Ft. Right-of-Way Vacation 5-A Approx. 368 Sq. Ft. Parcels 1 inch = 175 feet This map is a general depiction intended for visual reference only Right-of-Way Vacation 5-B Approx. 407 Sq. Ft. Right-of-Way Vacation 6-A Approx Sq. Ft. Right-of-Way Vacation 6-B Approx. 331 Sq. Ft. Right-of-Way Vacation 7 Approx Sq. Ft. Right-of-Way Vacation 8 Approx Sq. Ft. Right-of-Way Vacation 9 Approx Sq. Ft. Source: Esri, DigitalGlobe, GeoEye, i-cubed, Earthstar Geographics, CNES/Airbus DS, USDA, USGS, AEX, Getmapping, Aerogrid, IGN, IGP, swisstopo, and the GIS User Community

18 s rin g lvd aul t Sidewalk Easement Vacations Sidewalk Easement Vacation 2A Approx. 274 Sq. Ft. Sidewalk Easement Vacation 2B Approx. 388 Sq. Ft. Sidewalk Easement Vacation 2C Approx. 118 Sq. Ft. Sidewalk Easement Vacation 2D Approx. 382 Sq. Ft. Parcels 1 inch = 70 feet This map is a general depiction intended for visual reference only SP e rr E. WARM SPRINGS AVE. aul t en ter B SP e rr ark c Wa y EP Wa y EW arm Sp Attachment 2

19 S Wise Way E Parkcenter Blvd E. Warm Springs Dedication S Eckert Rd S Suntree Way E. Warm Springs Dedication Approx. 368,520 Sq. Ft. E Shady Glen Dr Parcels 1 inch = 435 feet This map is a general depiction intended for visual reference only E Boise Ave Source: Esri, DigitalGlobe, GeoEye, i-cubed, Earthstar Geographics, CNES/Airbus DS, USDA, USGS, AEX, Getmapping, Aerogrid, IGN, IGP, swisstopo, and the GIS User Community Path: H:\Kathy\ROWDS\Dawn Battles\Warm Springs Vacation\DedicationMap.mxd

20 RESOLUTION NUMBER 2081 AUTHORIZING AN ABANDONMENT/VACATION OF PUBLIC RIGHT OF WAY AND THE EXCHANGE OF LAND BY AND BETWEEN THE ADA COUNTY HIGHWAY DISTRICT AND Harris Family Limited Partnership, an Idaho Limited Partnership WITH OTHER CONSIDERATIONS BETWEEN THE PARTIES. WHEREAS, by its Resolution Number 2070 adopted and approved at its regular meeting held on December 3, 2014, the Ada County Highway District Commission, in accordance with the requirements of Idaho Code, section and , found that the portions of right of way that are located in Sections 19, 20, 29, and 30, Township 3 North, Range 3 East, Boise Meridian, Ada County, Idaho, and more particularly described in Exhibit A hereinafter subject public right of way ) was no longer useful to ACHD, and set a public hearing before the Commission for 12:00pm, on January 7, 2015, at which time any person could appear to show cause why the subject public right of way should not be vacated; and WHEREAS, in accordance with Idaho Code, sections and , the Commission does hereby make the following findings of fact and conclusions of law: FINDINGS OF FACT: 1. Date of Application: September 11, 2014 with an update on October 28, Upon the filing of a petition by the Petitioner for the abandonment/vacation of the subject public right of way, the following organizations and agencies were notified on October 31, 2014: A. Ada County Highway District Staff members; B. All appropriate local agencies and utilities were contacted and comments requested. 3. On December 3, 2014 a public hearing date was set by the Board of Commissioners for January 7, Following the filing of the petition for the abandonment/vacation, property owners within 300 feet of the subject right of way were notified by certified mail on December 4, 2014, of the time, date and place of the public hearing. 5. In accordance with Idaho law, a Notice of Public Hearing was published in the Idaho Statesman a daily newspaper published in Ada County, Idaho, on the 23 rd, 24 th, and 31 st of December, 2014, and an affidavit of publication was received by the Ada County Highway District and is on file in the office of the Right of Way and Development Services Department. 6. Any and all comments received from the October 31, 2014 notification of Ada County Highway District Staff members and all applicable local agencies are on file Abandonment/Vacation and Exchange Resolution - page 1 (3/29/2010)

21 in the office of the Right of Way and Development Services Department and are included within the Public Hearing staff memo dated December 23, Any and all comments, received from those property owners of real property within 300 feet of the subject right of way are on file in the office of the Right of Way and Development Services Department and are included within the Public Hearing staff memo dated December 23, At the public hearing on Wednesday, January 7, 2015, oral and or written testimony was presented and at the conclusion of which, Commissioner Rebecca W. Arnold, closed the public hearing for testimony. After discussion, the Commission found the abandonment/vacation and exchange was in the public s best interest and voted to approve the abandonment/vacation and exchange of the subject public right of way for the Exchange Parcel as an even exchange in value. CONCLUSIONS OF LAW: It is the opinion of the Board of Commissioners of the Ada County Highway District, per Commissioners, Rebecca W. Arnold, Sara M. Baker, Jim Hansen, Kent Goldthorpe, and Paul Woods, that the subject right of way is no longer needed by the Ada County Highway District and that it is the best interest of the traveling public, the adjacent property owners, and the Ada County Highway District that the abandonment/vacation of the portions of right of way that are located in Sections 19, 20, 29, and 30, Township 3 North, Range 3 East, Boise Meridian, Ada County, Idaho, and more particularly described in Exhibit A be approved and the subject public right of way abandoned/vacated. Subject to the following: Retention of public and private utility easements, drainage easements, irrigation easements and/or other easements of record or not of record or in use upon or under said described public right of way and/or the provisions for the relocation or replacement of existing facilities. NOW, THEREFORE, BE IT RESOLVED, pursuant to Idaho Code section and that the proposed abandonment/vacation of the public right of way is hereby authorized, and ACHD staff is hereby directed to negotiate a contract of sale with Petitioner in the amount of Zero Dollars ($0.00) and that the President of the Commission and the Director be, and are hereby, authorized and directed to execute such contract of sale on behalf of the Ada County Highway District and an appropriate Quitclaim Deed for the abandoned/vacated subject public right of way and such closing instructions and other instruments and documents as are required by such contract of sale, including the following, and deliver the same, together with the deed to the closing agent: 1. Subject to retention of public and private utility easements, drainage easements, irrigation easements and/or other easements of record or not of record or in use upon or under said described public right of way and/or the provisions for the Abandonment/Vacation and Exchange Resolution - page 2 (3/29/2010)

22 relocation or replacement of existing facilities. Costs associated with relocation or replacement of existing easements and facilities shall be borne by the Petitioner with approval of the applicable utility or agency. BE IT FURTHER RESOLVED, that only upon the District s receipt of full payment of all applicable charges, costs and fees and any other amounts owning and the deed for the Exchange Parcel from the Petitioner within ninety (90) days of the date of approval, shall this Resolution be recorded in the county records. BE IT FURTHER RESOLVED, that if District has not received full payment of all applicable charges, costs and fees and any other amounts owing and the deed for the Exchange Parcel from the Petitioner within one hundred twenty (120) days of the date of approval, the Board of Commissioners may, at a public hearing and upon thirty (30) days notice of said public hearing to the Petitioner by certified mail and adjacent property owners by regular mail, declare the abandonment/vacation and exchange void and issue a resolution declaring the same. ADOPTED AND APPROVED by the Board of Commissioners of the Ada County Highway District at its regular meeting held on this, day of, 201. ADA COUNTY HIGHWAY DISTRICT BOARD OF COMMISSIONERS By: REBECCA W. ARNOLD, Commissioner By: SARA M. BAKER, Commissioner By: JIM D. HANSEN, Commissioner By: KENT GOLDTHORPE, Commissioner By: PAUL WOODS, Commissioner ATTEST: Bruce S. Wong, Director Abandonment/Vacation and Exchange Resolution - page 3 (3/29/2010)

23 STATE OF IDAHO ) ) ss. County of Ada ) On this day of, 201, before me, a notary public in and for said State, personally appeared Commissioners, Rebecca W. Arnold, Sara M. Baker, Jim Hansen, Kent Goldthorpe, and Paul Woods, and known to me to be the Board of Commissioners, respectively, of the Ada County Highway District and that they executed this instrument on behalf of said Highway District for the purposes therein stated. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal, the day and year in this certificate first above written. Notary Public for the State of Idaho Residing at Boise, Idaho My Commission Expires: 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. Abandonment/Vacation and Exchange Resolution - page 4 (3/29/2010)

24 Description for Ada County Highway District East Warm Springs Avenue Right of Way Vacation Portions of East Warm Springs Avenue right-of-way located within the South 1/2 of Section 19, the South 1/2 of Section 20, the North 1/2 of Section 30 and the North 1/2 of Section 29, Township 3 North, Range 3 East, Boise Meridian, Ada County, Idaho, more particularly described as follows: Right of Way Vacation Description No. 1: Commencing at the Southeast corner of said Section 19, from which the South 1/4 corner of said Section 19 bears North West, feet; Thence along the southerly boundary line of said Section 19 North West, feet to the intersection with the centerline of said East Warm Springs Avenue; Thence departing said southerly boundary line and along said centerline North West, feet; Thence departing said centerline North East, feet to the REAL POINT OF BEGINNING; Thence North 64 00'52" West, feet; Thence North 69 43'30" West, feet; Thence feet along the arc of a non-tangent curve to the right having a radius of feet, a central angle of 09 30'04", and a long chord which bears North 59 13'32" West, a distance of feet; Thence North 38 21'00" East, 6.13 feet; Thence North 54 14'03" West, feet; Thence South 38 21'00" West, 5.99 feet; Thence feet along the arc of a non-tangent curve to the right having a radius of feet, a central angle of 52 18'55", and a long chord which bears North 25 20'36" West, a distance of feet; Thence feet along the arc of a compound curve to the right having a radius of feet, a central angle of 05 21'01", and a long chord which bears North 03 29'22" East, a distance of feet; Thence South 83 50'07" East, 6.01 feet; Thence North 06 42'08" East, feet; Thence North 83 50'07" West, 6.01 feet; Thence feet along the arc of a non-tangent curve to the right having a radius of feet, a central angle of 03 02'04", and a long chord which bears North 08 43'42" East, a distance of feet to a point on the exterior boundary line of Dallas Harris Estates Subdivision No. 1 as filed in Book 103 of Plats at Pages records of Ada County, Idaho;

25 Thence along said exterior boundary line South 64 00'25" East, 8.33 feet to a point on the Easterly line of that certain parcel of land described in Warranty Deed recorded on February 4, 2010 as Instrument No , official records of Ada County, Idaho ; Thence departing said exterior boundary line and along said Easterly line feet along the arc of a non-tangent curve to the left having a radius of feet, a central angle of 09 11'32", and a long chord which bears South 05 25'05" West, a distance of feet; Thence continuing along said Easterly line feet along the arc of a compound curve to the left having a radius of feet, a central angle of 29 45'41", and a long chord which bears South 14 03'31" East, a distance of feet to a point on the northerly right-of-way line of said East Warm Springs Avenue; Thence along said northerly right-of-way line South 64 00'52" East, feet to the intersection with the westerly right-of-way line of South Perault Way; Thence departing said northerly right-of-way line and along said westerly right-of-way line North 25 59'35" East, feet to an angle point on the exterior boundary line of Dallas Harris Estates Subdivision No. 2 as filed in Book 103 of Plats at Pages , records of Ada County, Idaho; Thence departing said westerly right-of-way line South 64 00'25" East, 0.50 feet; Thence South 25 59'35" West, feet; Thence North 64 00'52" West, 6.00 feet; Thence South 25 59'35" West, feet to the REAL POINT OF BEGINNING. Containing 4,627 square feet, more or less.

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27 RESOLUTION NUMBER 2082 AUTHORIZING AN ABANDONMENT/VACATION OF PUBLIC RIGHT OF WAY AND THE EXCHANGE OF LAND BY AND BETWEEN THE ADA COUNTY HIGHWAY DISTRICT AND Harris Family Limited Partnership, an Idaho Limited Partnership and Gary & Bonnie Harris, husband and wife WITH OTHER CONSIDERATIONS BETWEEN THE PARTIES. WHEREAS, by its Resolution Number 2070 adopted and approved at its regular meeting held on December 3, 2014, the Ada County Highway District Commission, in accordance with the requirements of Idaho Code, section and , found that the portions of right of way that are located in Sections 19, 20, 29, and 30, Township 3 North, Range 3 East, Boise Meridian, Ada County, Idaho, and more particularly described in Exhibit A hereinafter subject public right of way ) was no longer useful to ACHD, and set a public hearing before the Commission for 12:00pm, on January 7, 2015, at which time any person could appear to show cause why the subject public right of way should not be vacated; and WHEREAS, in accordance with Idaho Code, sections and , the Commission does hereby make the following findings of fact and conclusions of law: FINDINGS OF FACT: 1. Date of Application: September 11, 2014 with an update on October 28, Upon the filing of a petition by the Petitioner for the abandonment/vacation of the subject public right of way, the following organizations and agencies were notified on October 31, 2014: A. Ada County Highway District Staff members; B. All appropriate local agencies and utilities were contacted and comments requested. 3. On December 3, 2014 a public hearing date was set by the Board of Commissioners for January 7, Following the filing of the petition for the abandonment/vacation, property owners within 300 feet of the subject right of way were notified by certified mail on December 4, 2014, of the time, date and place of the public hearing. 5. In accordance with Idaho law, a Notice of Public Hearing was published in the Idaho Statesman a daily newspaper published in Ada County, Idaho, on the 23 rd, 24 th, and 31 st of December, 2014, and an affidavit of publication was received by the Ada County Highway District and is on file in the office of the Right of Way and Development Services Department. 6. Any and all comments received from the October 31, 2014 notification of Ada County Highway District Staff members and all applicable local agencies are on file Abandonment/Vacation and Exchange Resolution - page 1 (3/29/2010)

28 in the office of the Right of Way and Development Services Department and are included within the Public Hearing staff memo dated December 23, Any and all comments, received from those property owners of real property within 300 feet of the subject right of way are on file in the office of the Right of Way and Development Services Department and are included within the Public Hearing staff memo dated December 23, At the public hearing on Wednesday, January 7, 2015, oral and or written testimony was presented and at the conclusion of which, Commissioner Rebecca W. Arnold, closed the public hearing for testimony. After discussion, the Commission found the abandonment/vacation and exchange was in the public s best interest and voted to approve the abandonment/vacation and exchange of the subject public right of way for the Exchange Parcel as an even exchange in value. CONCLUSIONS OF LAW: It is the opinion of the Board of Commissioners of the Ada County Highway District, per Commissioners, Rebecca W. Arnold, Sara M. Baker, Jim Hansen, Kent Goldthorpe, and Paul Woods, that the subject right of way is no longer needed by the Ada County Highway District and that it is the best interest of the traveling public, the adjacent property owners, and the Ada County Highway District that the abandonment/vacation of the portions of right of way that are located in Sections 19, 20, 29, and 30, Township 3 North, Range 3 East, Boise Meridian, Ada County, Idaho, and more particularly described in Exhibit A be approved and the subject public right of way abandoned/vacated. Subject to the following: Retention of public and private utility easements, drainage easements, irrigation easements and/or other easements of record or not of record or in use upon or under said described public right of way and/or the provisions for the relocation or replacement of existing facilities. NOW, THEREFORE, BE IT RESOLVED, pursuant to Idaho Code section and that the proposed abandonment/vacation of the public right of way is hereby authorized, and ACHD staff is hereby directed to negotiate a contract of sale with Petitioner in the amount of Zero Dollars ($0.00) and that the President of the Commission and the Director be, and are hereby, authorized and directed to execute such contract of sale on behalf of the Ada County Highway District and an appropriate Quitclaim Deed for the abandoned/vacated subject public right of way and such closing instructions and other instruments and documents as are required by such contract of sale, including the following, and deliver the same, together with the deed to the closing agent: 1. Subject to retention of public and private utility easements, drainage easements, irrigation easements and/or other easements of record or not of record or in use upon or under said described public right of way and/or the provisions for the Abandonment/Vacation and Exchange Resolution - page 2 (3/29/2010)

29 relocation or replacement of existing facilities. Costs associated with relocation or replacement of existing easements and facilities shall be borne by the Petitioner with approval of the applicable utility or agency. BE IT FURTHER RESOLVED, that only upon the District s receipt of full payment of all applicable charges, costs and fees and any other amounts owning and the deed for the Exchange Parcel from the Petitioner within ninety (90) days of the date of approval, shall this Resolution be recorded in the county records. BE IT FURTHER RESOLVED, that if District has not received full payment of all applicable charges, costs and fees and any other amounts owing and the deed for the Exchange Parcel from the Petitioner within one hundred twenty (120) days of the date of approval, the Board of Commissioners may, at a public hearing and upon thirty (30) days notice of said public hearing to the Petitioner by certified mail and adjacent property owners by regular mail, declare the abandonment/vacation and exchange void and issue a resolution declaring the same. ADOPTED AND APPROVED by the Board of Commissioners of the Ada County Highway District at its regular meeting held on this, day of, 201. ADA COUNTY HIGHWAY DISTRICT BOARD OF COMMISSIONERS By: REBECCA W. ARNOLD, Commissioner By: SARA M. BAKER, Commissioner By: JIM D. HANSEN, Commissioner By: KENT GOLDTHORPE, Commissioner By: PAUL WOODS, Commissioner ATTEST: Bruce S. Wong, Director Abandonment/Vacation and Exchange Resolution - page 3 (3/29/2010)

30 STATE OF IDAHO ) ) ss. County of Ada ) On this day of, 201, before me, a notary public in and for said State, personally appeared Commissioners, Rebecca W. Arnold, Sara M. Baker, Jim Hansen, Kent Goldthorpe, and Paul Woods, and known to me to be the Board of Commissioners, respectively, of the Ada County Highway District and that they executed this instrument on behalf of said Highway District for the purposes therein stated. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal, the day and year in this certificate first above written. Notary Public for the State of Idaho Residing at Boise, Idaho My Commission Expires: 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. Abandonment/Vacation and Exchange Resolution - page 4 (3/29/2010)

31 October 7, 2014 Description For ADA COUNTY HIGHWAY DISTRICT East Warm Springs Avenue Right of Way Vacation Right of Way Vacation Description No. 2-A Portions of the South 1/2 of the Southeast 1/4 of Section 19, Township 3 North, Range 3 East, Boise Meridian, City of Boise, Ada County, Idaho being more particularly described as follows: COMMENCING at a brass cap monument marking the Southeast corner of said Section 19 from which a brass cap monument marking the South 1/4 corner of said Section 19 bears North 88 37'14" West, feet; Thence North 71 51'33" West, feet to the intersection with the easterly right-of-way line of East Warm Springs Avenue and the most northerly corner of Lot 1, Block 15 of Dallas Harris Estates Subdivision No. 3 as same is filed in Book 103 of Plats at Page 13948, records of Ada County, Idaho, said point being THE REAL POINT OF BEGINNING; Thence North 64 00'52" West, feet; Thence feet along the arc of a non-tangent curve to the right having a radius of feet, a central angle of 06 37'50", and a long chord which bears North 23 38'37" East, a distance of feet to the intersection with the southerly boundary line of a former railroad right-of-way; Thence along said former railroad right-of-way line South 64 00'52" East, feet to the intersection with said easterly right-of-way line; Thence along said right-of-way line South 21 34'22" West, feet to the POINT OF BEGINNING. Contains an area of 640 square feet, more or less. Prepared By: Idaho Survey Group

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37 RESOLUTION NUMBER 2083 AUTHORIZING AN ABANDONMENT/VACATION OF PUBLIC RIGHT OF WAY AND THE EXCHANGE OF LAND BY AND BETWEEN THE ADA COUNTY HIGHWAY DISTRICT AND Harris Family Limited Partnership, an Idaho Limited Partnership WITH OTHER CONSIDERATIONS BETWEEN THE PARTIES. WHEREAS, by its Resolution Number 2070 adopted and approved at its regular meeting held on December 3, 2014, the Ada County Highway District Commission, in accordance with the requirements of Idaho Code, section and , found that the portions of right of way that are located in Sections 19, 20, 29, and 30, Township 3 North, Range 3 East, Boise Meridian, Ada County, Idaho, and more particularly described in Exhibit A hereinafter subject public right of way ) was no longer useful to ACHD, and set a public hearing before the Commission for 12:00pm, on January 7, 2015, at which time any person could appear to show cause why the subject public right of way should not be vacated; and WHEREAS, in accordance with Idaho Code, sections and , the Commission does hereby make the following findings of fact and conclusions of law: FINDINGS OF FACT: 1. Date of Application: September 11, 2014 with an update on October 28, Upon the filing of a petition by the Petitioner for the abandonment/vacation of the subject public right of way, the following organizations and agencies were notified on October 31, 2014: A. Ada County Highway District Staff members; B. All appropriate local agencies and utilities were contacted and comments requested. 3. On December 3, 2014 a public hearing date was set by the Board of Commissioners for January 7, Following the filing of the petition for the abandonment/vacation, property owners within 300 feet of the subject right of way were notified by certified mail on December 4, 2014, of the time, date and place of the public hearing. 5. In accordance with Idaho law, a Notice of Public Hearing was published in the Idaho Statesman a daily newspaper published in Ada County, Idaho, on the 23 rd, 24 th, and 31 st of December, 2014, and an affidavit of publication was received by the Ada County Highway District and is on file in the office of the Right of Way and Development Services Department. 6. Any and all comments received from the October 31, 2014 notification of Ada County Highway District Staff members and all applicable local agencies are on file Abandonment/Vacation and Exchange Resolution - page 1 (3/29/2010)

38 in the office of the Right of Way and Development Services Department and are included within the Public Hearing staff memo dated December 23, Any and all comments, received from those property owners of real property within 300 feet of the subject right of way are on file in the office of the Right of Way and Development Services Department and are included within the Public Hearing staff memo dated December 23, At the public hearing on Wednesday, January 7, 2015, oral and or written testimony was presented and at the conclusion of which, Commissioner Rebecca W. Arnold, closed the public hearing for testimony. After discussion, the Commission found the abandonment/vacation and exchange was in the public s best interest and voted to approve the abandonment/vacation and exchange of the subject public right of way for the Exchange Parcel as an even exchange in value. CONCLUSIONS OF LAW: It is the opinion of the Board of Commissioners of the Ada County Highway District, per Commissioners, Rebecca W. Arnold, Sara M. Baker, Jim Hansen, Kent Goldthorpe, and Paul Woods, that the subject right of way is no longer needed by the Ada County Highway District and that it is the best interest of the traveling public, the adjacent property owners, and the Ada County Highway District that the abandonment/vacation of the portions of right of way that are located in Sections 19, 20, 29, and 30, Township 3 North, Range 3 East, Boise Meridian, Ada County, Idaho, and more particularly described in Exhibit A be approved and the subject public right of way abandoned/vacated. Subject to the following: Retention of public and private utility easements, drainage easements, irrigation easements and/or other easements of record or not of record or in use upon or under said described public right of way and/or the provisions for the relocation or replacement of existing facilities. NOW, THEREFORE, BE IT RESOLVED, pursuant to Idaho Code section and that the proposed abandonment/vacation of the public right of way is hereby authorized, and ACHD staff is hereby directed to negotiate a contract of sale with Petitioner in the amount of Zero Dollars ($0.00) and that the President of the Commission and the Director be, and are hereby, authorized and directed to execute such contract of sale on behalf of the Ada County Highway District and an appropriate Quitclaim Deed for the abandoned/vacated subject public right of way and such closing instructions and other instruments and documents as are required by such contract of sale, including the following, and deliver the same, together with the deed to the closing agent: 1. Subject to retention of public and private utility easements, drainage easements, irrigation easements and/or other easements of record or not of record or in use upon or under said described public right of way and/or the provisions for the Abandonment/Vacation and Exchange Resolution - page 2 (3/29/2010)

39 relocation or replacement of existing facilities. Costs associated with relocation or replacement of existing easements and facilities shall be borne by the Petitioner with approval of the applicable utility or agency. BE IT FURTHER RESOLVED, that only upon the District s receipt of full payment of all applicable charges, costs and fees and any other amounts owning and the deed for the Exchange Parcel from the Petitioner within ninety (90) days of the date of approval, shall this Resolution be recorded in the county records. BE IT FURTHER RESOLVED, that if District has not received full payment of all applicable charges, costs and fees and any other amounts owing and the deed for the Exchange Parcel from the Petitioner within one hundred twenty (120) days of the date of approval, the Board of Commissioners may, at a public hearing and upon thirty (30) days notice of said public hearing to the Petitioner by certified mail and adjacent property owners by regular mail, declare the abandonment/vacation and exchange void and issue a resolution declaring the same. ADOPTED AND APPROVED by the Board of Commissioners of the Ada County Highway District at its regular meeting held on this, day of, 201. ADA COUNTY HIGHWAY DISTRICT BOARD OF COMMISSIONERS By: REBECCA W. ARNOLD, Commissioner By: SARA M. BAKER, Commissioner By: JIM D. HANSEN, Commissioner By: KENT GOLDTHORPE, Commissioner By: PAUL WOODS, Commissioner ATTEST: Bruce S. Wong, Director Abandonment/Vacation and Exchange Resolution - page 3 (3/29/2010)

40 STATE OF IDAHO ) ) ss. County of Ada ) On this day of, 201, before me, a notary public in and for said State, personally appeared Commissioners, Rebecca W. Arnold, Sara M. Baker, Jim Hansen, Kent Goldthorpe, and Paul Woods, and known to me to be the Board of Commissioners, respectively, of the Ada County Highway District and that they executed this instrument on behalf of said Highway District for the purposes therein stated. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal, the day and year in this certificate first above written. Notary Public for the State of Idaho Residing at Boise, Idaho My Commission Expires: 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. Abandonment/Vacation and Exchange Resolution - page 4 (3/29/2010)

41 Description for Ada County Highway District East Warm Springs Avenue Right of Way Vacation Portions of East Warm Springs Avenue right-of-way located within the South 1/2 of Section 19, the South 1/2 of Section 20, the North 1/2 of Section 30 and the North 1/2 of Section 29, Township 3 North, Range 3 East, Boise Meridian, Ada County, Idaho, more particularly described as follows: Right of Way Vacation Description No. 2-B: Commencing at the Southeast corner of said Section 19, from which the South 1/4 corner of said Section 19 bears North West, feet; Thence along the southerly boundary line of said Section 19 North West, feet to the intersection with the centerline of said East Warm Springs Avenue; Thence departing said southerly boundary line and along said centerline North West, feet; Thence departing said centerline South West, feet to the REAL POINT OF BEGINNING; Thence South 25 59'35" West, 7.78 feet to a point on the southerly right-of-way line of said East Warm Springs Avenue; Thence along said southerly right-of-way line North 64 00'52" West, feet to a point on the Southerly line of that certain parcel of land described in Warranty Deed recorded on March 25, 2010 as Instrument No , official records of Ada County, Idaho ; Thence along said Southerly line feet along the arc of a curve to the left having a radius of feet, a central angle of 28 45'13", and a long chord which bears North 78 23'28" West, a distance of feet; Thence continuing along said Southerly line feet along the arc of a compound curve to the left having a radius of feet, a central angle of 34 33'24", and a long chord which bears South 69 57'13" West, a distance of feet to a point on the Easterly line of that certain parcel of land described in Warranty Deed recorded on March 25, 2011 as Instrument No , official records of Ada County, Idaho ; Thence departing said right-of-way line and along said Easterly line South 25 58'48" West, feet to the Southeast corner thereof; Thence along the Southerly line of said parcel described in Instrument No North 64 00'52" West, feet; Thence feet along the arc of a non-tangent curve to the right having a radius of feet, a central angle of 01 37'01", and a long chord which bears North 27 46'02" East, a distance of feet; Thence South 52 34'15" East, 9.91 feet; Thence North 25 58'22" East, feet; Thence North 52 34'15" West, 8.75 feet;

42 Thence feet along the arc of a non-tangent curve to the right having a radius of feet, a central angle of 48 33'21", and a long chord which bears North 60 59'59" East, a distance of feet; Thence feet along the arc of a compound curve to the right having a radius of feet, a central angle of 10 17'08", and a long chord which bears South 89 34'47" East, a distance of feet; Thence South 09 21'24" West, 6.03 feet; Thence South 83 35'35" East, feet; Thence North 09 21'24" East, 6.02 feet; Thence feet along the arc of a non-tangent curve to the right having a radius of feet, a central angle of 15 52'25", and a long chord which bears South 74 43'16" East, a distance of feet; Thence South 51 02'09" East, feet; Thence South 64 00'52" East, feet to the REAL POINT OF BEGINNING. Containing 2,695 square feet, more or less.

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48 RESOLUTION NUMBER 2084 AUTHORIZING AN ABANDONMENT/VACATION OF PUBLIC RIGHT OF WAY AND THE EXCHANGE OF LAND BY AND BETWEEN THE ADA COUNTY HIGHWAY DISTRICT AND Harris Family Limited Partnership, an Idaho Limited Partnership WITH OTHER CONSIDERATIONS BETWEEN THE PARTIES. WHEREAS, by its Resolution Number 2070 adopted and approved at its regular meeting held on December 3, 2014, the Ada County Highway District Commission, in accordance with the requirements of Idaho Code, section and , found that the portions of right of way that are located in Sections 19, 20, 29, and 30, Township 3 North, Range 3 East, Boise Meridian, Ada County, Idaho, and more particularly described in Exhibit A hereinafter subject public right of way ) was no longer useful to ACHD, and set a public hearing before the Commission for 12:00pm, on January 7, 2015, at which time any person could appear to show cause why the subject public right of way should not be vacated; and WHEREAS, in accordance with Idaho Code, sections and , the Commission does hereby make the following findings of fact and conclusions of law: FINDINGS OF FACT: 1. Date of Application: September 11, 2014 with an update on October 28, Upon the filing of a petition by the Petitioner for the abandonment/vacation of the subject public right of way, the following organizations and agencies were notified on October 31, 2014: A. Ada County Highway District Staff members; B. All appropriate local agencies and utilities were contacted and comments requested. 3. On December 3, 2014 a public hearing date was set by the Board of Commissioners for January 7, Following the filing of the petition for the abandonment/vacation, property owners within 300 feet of the subject right of way were notified by certified mail on December 4, 2014, of the time, date and place of the public hearing. 5. In accordance with Idaho law, a Notice of Public Hearing was published in the Idaho Statesman a daily newspaper published in Ada County, Idaho, on the 23 rd, 24 th, and 31 st of December, 2014, and an affidavit of publication was received by the Ada County Highway District and is on file in the office of the Right of Way and Development Services Department. 6. Any and all comments received from the October 31, 2014 notification of Ada County Highway District Staff members and all applicable local agencies are on file Abandonment/Vacation and Exchange Resolution - page 1 (3/29/2010)

49 in the office of the Right of Way and Development Services Department and are included within the Public Hearing staff memo dated December 23, Any and all comments, received from those property owners of real property within 300 feet of the subject right of way are on file in the office of the Right of Way and Development Services Department and are included within the Public Hearing staff memo dated December 23, At the public hearing on Wednesday, January 7, 2015, oral and or written testimony was presented and at the conclusion of which, Commissioner Rebecca W. Arnold, closed the public hearing for testimony. After discussion, the Commission found the abandonment/vacation and exchange was in the public s best interest and voted to approve the abandonment/vacation and exchange of the subject public right of way for the Exchange Parcel as an even exchange in value. CONCLUSIONS OF LAW: It is the opinion of the Board of Commissioners of the Ada County Highway District, per Commissioners, Rebecca W. Arnold, Sara M. Baker, Jim Hansen, Kent Goldthorpe, and Paul Woods, that the subject right of way is no longer needed by the Ada County Highway District and that it is the best interest of the traveling public, the adjacent property owners, and the Ada County Highway District that the abandonment/vacation of the portions of right of way that are located in Sections 19, 20, 29, and 30, Township 3 North, Range 3 East, Boise Meridian, Ada County, Idaho, and more particularly described in Exhibit A be approved and the subject public right of way abandoned/vacated. Subject to the following: Retention of public and private utility easements, drainage easements, irrigation easements and/or other easements of record or not of record or in use upon or under said described public right of way and/or the provisions for the relocation or replacement of existing facilities. NOW, THEREFORE, BE IT RESOLVED, pursuant to Idaho Code section and that the proposed abandonment/vacation of the public right of way is hereby authorized, and ACHD staff is hereby directed to negotiate a contract of sale with Petitioner in the amount of Zero Dollars ($0.00) and that the President of the Commission and the Director be, and are hereby, authorized and directed to execute such contract of sale on behalf of the Ada County Highway District and an appropriate Quitclaim Deed for the abandoned/vacated subject public right of way and such closing instructions and other instruments and documents as are required by such contract of sale, including the following, and deliver the same, together with the deed to the closing agent: 1. Subject to retention of public and private utility easements, drainage easements, irrigation easements and/or other easements of record or not of record or in use upon or under said described public right of way and/or the provisions for the Abandonment/Vacation and Exchange Resolution - page 2 (3/29/2010)

50 relocation or replacement of existing facilities. Costs associated with relocation or replacement of existing easements and facilities shall be borne by the Petitioner with approval of the applicable utility or agency. BE IT FURTHER RESOLVED, that only upon the District s receipt of full payment of all applicable charges, costs and fees and any other amounts owning and the deed for the Exchange Parcel from the Petitioner within ninety (90) days of the date of approval, shall this Resolution be recorded in the county records. BE IT FURTHER RESOLVED, that if District has not received full payment of all applicable charges, costs and fees and any other amounts owing and the deed for the Exchange Parcel from the Petitioner within one hundred twenty (120) days of the date of approval, the Board of Commissioners may, at a public hearing and upon thirty (30) days notice of said public hearing to the Petitioner by certified mail and adjacent property owners by regular mail, declare the abandonment/vacation and exchange void and issue a resolution declaring the same. ADOPTED AND APPROVED by the Board of Commissioners of the Ada County Highway District at its regular meeting held on this, day of, 201. ADA COUNTY HIGHWAY DISTRICT BOARD OF COMMISSIONERS By: REBECCA W. ARNOLD, Commissioner By: SARA M. BAKER, Commissioner By: JIM D. HANSEN, Commissioner By: KENT GOLDTHORPE, Commissioner By: PAUL WOODS, Commissioner ATTEST: Bruce S. Wong, Director Abandonment/Vacation and Exchange Resolution - page 3 (3/29/2010)

51 STATE OF IDAHO ) ) ss. County of Ada ) On this day of, 201, before me, a notary public in and for said State, personally appeared Commissioners, Rebecca W. Arnold, Sara M. Baker, Jim Hansen, Kent Goldthorpe, and Paul Woods, and known to me to be the Board of Commissioners, respectively, of the Ada County Highway District and that they executed this instrument on behalf of said Highway District for the purposes therein stated. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal, the day and year in this certificate first above written. Notary Public for the State of Idaho Residing at Boise, Idaho My Commission Expires: 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. Abandonment/Vacation and Exchange Resolution - page 4 (3/29/2010)