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Home My WebLink About1972 – Bedelco & Cherry & Rasmussen Real Property PurchaseAM B ROSE- FITZGERALO & LONGETEIG 83642 TELEPHoNE AAA-446I 4.q.B.E_E_UE\I.4THIS AGREEI,IENT, Made and enEered into this //day of December, 1972, by and between BEDELCO, INC., an ldaho corpora- Eion, herein called First Party, the CITY OE MEEIDIAN, a municipal corporaEion, herein ca1led Second Party, CECIL A. CHERRY and BETH N, CHERRY, husband and wife, herein called Third Parties, and LEONARD B. RASMUSSEN and DOROTHY RASMUSSEN, husband and wife, herein called Fourth Parties, W I T N E S S E T H:- WIIEREAS, Fourth Parties are Ehe record owners of certain el property and have sold the same under contract to Third Parties, and WHEREAS, First Party has an option to purchase certain real property from Third ParEies, and WHEREAS, Second Party is in need for the construction of a water of a portion of said well and easemenE to same. consideration of the muEuaI pro - sa id hereto agree as foLlows: $1,500.00 to be paid as 3N., de scr ibed per ty well, into an agreement covering the NOI,I THEREFORE, for and in covenants herein contained, the 1. In consideration of the and WHEREAS, it is the desire of all parties hereto to enEer parties sum of hereinafEer set forth, First Party agrees to sell to Second Party the folloviing described real property: A parcel of land lying in R. lW., B.M., Ada County, as follows: the SI{Z SEI of Section 1, T. Idaho , and more parEicularly Beginning at the NorthwesE corner of said SWI of the SE| of SecEion 1; thence North 89o48t23" East 100.00 feec along Ehe Northerly boundary of said SW| of the SE{ of SecEion I to apoint, also said poinr being rhe RXAL PoINT OF BEGINNING; FI'TZGEFALD & LONGETEIG MERIOIAN. IO^HO 43642 TELEFHONE A88.446t thence continuing North 89'48r23" East 22.63 feeE along the said NortherLy thence Sou Ehence Sou Ehence Nor of and par of Sec Eion Eo Ehe point of beginning, comprising 0.082 acre, more or less, Together wiEh an easement for ingress and egress over the following described property : bo rh rh Eh al I undary of Ehe SWf of the SEI of Section l to a point; 24"43'55" East 80.60 feet Eo a point; 65" L6' 05 t' I^ie s t 6L .26 f eeE Eo a point ; 0o24150" West 98.76 feet along a line Easterly lel to the Westerly boundary of said SWf of the SEI A parceL of land lying in the SW? of the T, 3N. , R. LI^I. , 8.M. , Ada CounEy, Idaho, described as follows: SEI of Section 1, and more parEicularly Beginning at Ehe Northwest corner of the SW| of the SE| of Section 1, T. 3N., R. 1W. POINT OF BEGINNING; Ehenc the Northerly boundary of to a point; thence S. 0"2 feeE Easterly of and para said SE| of SecEion l Eo feet along a line 30.00 f said NorEherly bor:ndary o point on the said SEI of 30.00 feet along the said SecEion 1to Ehe point of .M., said point being the RE:AL . 89"48 123't 8., 100.00 feet along e said Swf of the SEZ of Section 1 0" E., 30.00 feeE along a line 100.00 I Eo the Idesterly boundary of the oint; thence S. 89o48r23" W., 100.00 Southerly of and parallel to the he SWi of the SEi of Seetion I to a Eion 1; thence N. 0'24'50" h7., sterly boundary of Ehe SE| of ginning. ,BeN th 4'5 lle ap eet ft Sec We be The foregoing easement shall run until such time as a public street has been built, dedicaEed and accepted, at which t ir,oe it shall revert back to the GranEor. Further, that the City of Meridian is further granted a perpetual non -canEamina Eion easemenE as required by Ehe Idaho Department of EnvironmenEal ProEection and HeaILh, over an area having a radius of 50 feet centered about the water supply weLl which is to be drilled on a point that bears N. 89"48 123't 8,, L25,00 feet and S. 0"24150" E., 63.80 feet from the NW corner of the SI,JZ of the SE| of Section 1, T. 3N., R. lW., B.M., Ada County, Idaho. 2. This agreement comtemplates Ehat lhe Second ,Party sha11 pay to the First Party the sum of $1,500.00 at such time as First Party is able to deliver a Warranty Deed conveying clear and marketable title to the well site above described, along with the easement as described above. In the event thaE First ParEy does noE exercise its opEion or for any reason is unable Eo deliver Eitle as set forth, Third Parties agree to provide title Eo the AMBROSE, FIIZGERALO & LON6EIEIG MERror^N, lo^Ho e3642 TELSPHoNE 888-4461 above period noEice Further, in the to deliver ti tle Meridian, condition described property Eo of time not to exceed Second ParEy within a reasonable 30 days after receiving wriEten from Second ParEy. In Ehe event that Third Parties are the Grantors on the Warranty Deed, they ate entitled to said $1,500.00 and Second sha1l owe noEhing evenE Par ty Third Parties,for any Partie s Eo First Par Ey . reason, are unable as set forth, Fourth agree to provide wiEhin aEitle Eo the above described property to Second Party reasonable period of tirne not to exceed 30 days after rece iving Fourth Partieswritten notice from Second ParEy. In the evenE are the GranEors on Ehe WarranEy Deed, they are entitled to said owe noEhing to First Party and$1,500.00 and Second Third Parties. 3. Further, the Party shal l City of Meridian has the right to permit a well construction contractor to use an additionaL area compris - ing Ehe Northerly 100 feet SE| of Section 1, T. 3N., use in construction of a of the Westerly 100 feet R. lW., B.M., Ada County, water supply well for the is restored Eo iEs of Ehe SW| fdaho, for CiEy of original his provided thaE said area at Ehe completion of the construction of said water supply well. 4. It is agreed that City of Meridian does not have to pay for or be responsible for any development costs of a subdivision locaEed on or adjacent to the foregoing property. 5. This agreement shall be binding upon the heis and 1egal representatives of the parties hereEo. AMBROSE. FITZGERALO A LONGETEIG s29 E^SY FrRSr MERTOtAN. IOAHO e3642 TELEPHONE 888.'46I IN WITMSS WIIERIOF, the parEies hereEo have hereunto set their hands and seals, Ehe day and year in Ehis agreement firsE above written. BEDELCO, An Idaho INC., corp ora t ion By:[u cSe ATT ATT ry Clerk Pres ident FIRST PARTY CITY OF MERID]AN A aL corpora or SECOND PARTY B C Ceci A. Cherry 7 '/"I Beth N. Ch erry THIRD PARTIES Leonard B.a smus sen }LL Doro t hy Ra S en FOURTH PARTIES I C *{-c4ta--' I,-/ AMBROSE. FITZGERALD & LONGETEIG 929 EASi FrRSr MERIDI^N, Io^Ho 83642 TELEFHONE A88.446I (SEAL) Residence:Idaho . STATE OF rDAHo ) CounEy of Ada on this 2 b day o f Decenber , L972, before me, Ehe undersigned, a Notary Public in and for said State, personally appeared W. BIIRTON SMITH and E. L. BEI^IS, President & Secretary, respectively, of BEDELCO, fNC., kn ov,/n to me to be the persons whose names are subscribed to the foregoing instrumenE, and acknowledged Eo me thaE they executed the same for and on behalf of said corpora tion. IN WITMSS WHEREOF, I have hereunto s my hand and affixed my official seal , the day and year in this cerEificate first above written. 'h/ (sEAL) IN WITMSS W}IEREOF, my official seal, the day \,7ritten. ),/ /l tday of December , L972, before me, the a Notary Public in and for said State, personally Nocary Pub Residence: ic for Idaho Idah o . STATE 0F rDAHO ) County of Ada on this under s igned , appeared DON M. STOREY and HERALD J. COX, Mayor and City Clerk of the CITY OF MERIDIAN, known to me to be Ehe persons whose names are subscribed to the foregoing ins trument, and acknowledged to rne thaE they executed the same for and on behalf of said CiEy. I have hereunto seE my hand and affixed and year in fhis certificate first above (SEAL) STATE 0F IDAHo ) County of Ada ) yPu I c for I ah Res idenc Meridian, Idaho. )t On this -L L day o f December , L972, before me, the undersigned, a Notary Public in and for said State, personally appeared GECIL A. CHERRY and BETH N. CHERRY, husband and wife, kno\,in Eo me to be the persons whose names are subscribed to the foregoing instrument, and acknowledged to me that Ehey execuEedthe same. IN WITNESS WIIEREOF, I have hereunto set my hand and affixed my official seal , the day and year in this certificate first above wr i tten. No t ary ub ic for Jdaho SS. ------Jl.-i--L-> AMBROSE. FITZGERALO & LONGETEIG 929 EASI FIRSY MEFrorarl. loAHo a3 642 TELEPHONE AAB.4TI6I STATE OF COLORADO County of 4rron'/r o --<* (silAL) l:lf Coriri$-on expir:s J'rre 15, 1i75 Public for Colorado ) ) ss. , On this /3'? aay of December, lg7 2, before me, the under- s igrred , a Not;rry P-ublic in and f or said Siate, personally appeared LEONARD B. RASMUSSEN and DOROTHY RASMUSSEN, husband and wife, known to me to be the personsr4Those names are subscribed to the foregoing ins Erument, and acknowledged to me that they executed the same. IN I,IITMSS WIIEREOF, I have hereunto set my hand and af f ixed my official seal, the day and year in this certificate first above writEen, -.4-{. -<)Colo.Re sidence :F, .0 : Not'(/r'y Spccdiror @ Moorc durin .. For.n., ln<..r I o< DAIE I EARNED IIEIN STATE PERS OIHER . ADVA NCE 888-4433 728 ^,'\eridion Srreer ood Ploce to [ive 2- FICA . WHT tNS oo Heort o{ ldoho's Do irylond c OF 'NERIDIAN HUI CITY Of ITEASUIE VATTEV T 92 tsl-117t ' i 1 12gg Poy Io llio Ordor O{ Bedelco, Inc. t or-ly One Tttou6aaal Five Huntlretl & Iio/loo No MERTDTAN, rDAHo,----SabErrrJLfl,?- 19 nlip Cooe 83642 , ,1r,rDollors, i1'5oo'oo AMOUN:IIF UNI) L-7? /**l 2*55.L ?-./LT TOTAI WIIHHETO 1.500, t! l, ll. l,rrQ [ ! [t! 50 OOl. ? OgrF PAYAEIE AT Cily Cler NARMERS & N'ERCHANTSSTATE EANK A8"aeoetrt ]-2-l].-72 to purchase land Ito pLace relL # ?r when deed coul'd be conp}etefl I 0."-3"/Z &ryI