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Home My WebLink About1972 Bedelco & Cherry & Rasmussen Selling of Real Property A G R E E M E N T THIS AGREEMENT, Made and entered into this ` day of December, 1972 ) by and between BEDELCO, INC. , an Idaho corpora- tion, herein called First Party, the CITY OF MERIDIAN, a municipal corporation, herein called 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: - WHEREAS , Fourth Parties are the record owners of certain mal 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 Parties, and WHEREAS, Second Party is in need of a portion of said pro- perty for the construction of a water well and easement to said well, and WHEREAS , it is the desire of all parties hereto to enter into an agreement covering the same. NOW THEREFORE, for and in consideration of the mutual covenants herein contained, the parties hereto agree as follows : 1. In consideration of the sum of $1 , 500. 00 to be paid as hereinafter set forth , First Party agrees to sell to Second Party the following described real property: A parcel of land lying in the SW4 SE-4 of Section 1, T. 3N. , R. 1W. , B.M. , Ada County , Idaho , and more particularly described as follows: Beginning at the Northwest corner of said SW4 of the SE4 of Section 1; thence North 89°48 '23" East 100. 00 feet along the AMBROSE, Northerly boundary of said SW4 of the SE-4 of Section 1 to a FITZGERALD point, also said point being the REAL POINT OF BEGINNING; LONGETEIG ATTORNEYS AND COUNSELORS 929 EAST FIRST MERIDIAN. 1DAHO 83642 TELEPHONE 866-4461 I i I -., _ ,_�J .,:,&G! as: � ,Jra ;(Ji 1Li.. J:i - .-'t?'.1��(� L';;E '�. � : •.�c.t �:.�t7ti33�"_h�T ik; A TAM jt _05 _`IISlod al - POL " nSAOFI MAW if fit_.... bus YA..&D ban N 1� i i� Yp r 1 zq Ju UD w . •� !A ho 04 Qvi y u J 1_h3 b14JI, G Uf I2jk 3 , d..`C .. _ .1� :L 'Th' . - v.1 . •_�:.: i -1 .. ;tali; �« . _ �:YJ' 1'. '�J 2�.. i''C. - o✓i1 wdl f,. . Z 711: cl u.a s'sre fills Anion x thence continuing North 89D48 '23" East 22 . 63 feet along the said Northerly boundary of the SW-4 of the SE-4 of Section 1 to a point; thence South 24°43 ' 55" East 80. 60 feet to a point ; thence South 65°16105" West 61 . 26 feet to a point; thence North 0°24 '50" West 98. 76 feet along a line Easterly of and parallel to the Westerly boundary of said SW4 of the SE-4 I of Section 1 to the point of beginning, comprising 0. 082 acre, more or less. Together with an easement for ingress and egress over the following described property: A parcel of land lying in the SW4 of the SE4 of Section 1, T. 3N. , R. 1W. , B.M. , Ada County, Idaho, and more particularly described as follows : Beginning at the Northwest corner of the SW4 of the SE4 of Section 1 , T. 3N. , R. 1W. , B.M. , said point being the REAL POINT OF BEGINNING; thence N. 89°48 '23" E. , 100. 00 feet along the Northerly boundary of the said SW4 of the SE4 of Section 1 to a point ; thence S. 0°24 ' 50" E. , 30. 00 feet along a line 100. 00 feet Easterly of and parallel to the Westerly boundary of the said SE4 of Section 1 to a point ; thence S . 89°48 '23" W. , 100. 00 feet along a line 30. 00 feet Southerly of and parallel to the said Northerly boundary of the SW-4 of the SE4 of Section 1 to a point on the said SE4 of Section 1; thence N. 0D24 ' 50" W. , 30. 00 feet along the said Westerly boundary of the SE-4 of Section 1 to the point of beginning. The foregoing easement shall run until such time as a public street has been built, dedicated and accepted, at which time it shall revert back to the Grantor. Further , that the City of Meridian is further granted a perpetual non-cantamination easement as required by the Idaho Department of Environmental Protection and Health, 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. 39°48 '23" E. , 125. 00 feet and S. 0024 '50" E. , 63. 80 feet from the NW corner of the SW4 of the SE4 of Section 1 , T. 3N. , R. 1W. , B.M. , Ada County, Idaho. 2 . This agreement contemplates that the Second -Party shall 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 that First Party does not exercise its option or for any reason is unable to deliver AMBROSE. title as set forth, Third Parties agree to provide title to the FITZGERALD & LON GETEIG ATTORNEYS AND COUNSELORS 929 EAST FIRST MERIDIAN, IDAHO 83642 TELEPHONE 888-4461 E A ..:;:;•.-w,. %" �'"`�A�"'F� "��+''�f1T .. ;.... _ '.ai�Lsg ;?s3- t�'�`=_�.: L. _ above described property to Second Party within a reasonable period of time not to exceed 30 days after receiving written notice from Second Party. In the event that Third Parties are the Grantors on the Warranty Deed , they are entitled to said $1, 500. 00 and Second Party shall owe nothing to First Party. Further , in the event Third Parties , for any reason, are unable to deliver title as set forth, Fourth Parties agree to provide title to the above described property to Second Party within a reasonable period of time not to exceed 30 days after receiving written notice from Second Party. In the event Fourth Parties are the Grantors an the Warranty Deed , they are entitled to said $1,500. 00 and Second Party shall owe nothing to First Party and Third Parties . 3. Further, the City of Meridian has the right to permit a well construction contractor to use an additional area compris- ing the Northerly 100 feet of the Westerly 100 feet of the SW4 SE4 of Section 1, T. 3N. , R. 1W. , B.M. , Ada County, Idaho, for his use in construction of a water supply well for the City of Meridian, provided that said area is restored to its original condition at the completion of the construction of said water supply well. 4. It is agreed that City of Meridian does not have to pay for or be responsible for any development costs of a subdivision located on or adjacent to the foregoing property. 5. This agreement shall be binding upon the he is and legal representatives of the parties hereto. AMBROSE, FITZGERALD & LONGETEIG ATTORNEYS AND COUNSELORS 929 EAST FIRST MERIDIAN, 1DAHO 83642 TELEPHONE 888-4461 IN WITNESS WHEREOF, the parties hereto have hereunto set their hands and seals, the day and year in this agreement first above written. BEDELCO, INC . , An Idahocorporation B y: ATT President SecrLTtary FIRST PARTY CITY OF MERIDIAN, A nic "alcorpora on B ATTE ayor C ' Clerk SECOND PARTY Ceci A. Cherry Beth N. Cherry THIRD PARTIES Leonard B. kasmussen 'Dorothy Ra5linus en FOURTH PARTIES AMBROSE, FITZGERALD B LO NGETEIG ATTORNEYS AND COUNSELORS 929 EAST FIRST MEFtI DIAN, IDAHO S"6 2 TELEPHONE 686-4461 i q v � � R ��'"°° �� tyq�'-�.�E�y�'::5�-�-a-:�aw6sa-> •'Fi�f'.�.-�,rts`,n � .r; _ . .. �'•j..-...- ..._- � f d 1 i l I �*•a'�-' t$:ter ��"'J-X.. �.. ^ :ate � -ri,.�yiw-i:.'3'' :.Y�=-3y.'"-�.-hr•.�ta�'0#.�`5...�.�e.� .. ` __ I 1 i STATE OF IDAHO } ss. County of Ada ) On this w day of December , 1972 , before me , the undersigned, a Notary Public in and for said State, personally appeared W. BURTON SMITH and E. L. SEWS, President & Secretary, respectively, of BEDELCO, INC . , known to me to be the persons whose names are subscribed to the foregoing instrument, and acknowledged to me that they executed the same for and on behalf of said corporation. IN WITNESS WHEREOF, I have hereunto sEt my hand and affixed my official seal , the day and year in this certificate first above written. (SEAL) Notary Public for Idaho Residence : Idaho. STATE OF IDAHO ) ss. County of Ada ) On this �— day of December , 1972 , before me, the undersigned, a Notary Public in and for said State, personally appeared DON M. STOREY and HERALD J. COX, Mayor and City Clerk of the CITY OF MERIDIAN, known to me to be the persons whose names are subscribed to the foregoing instrument, and acknowledged to me that they executed the same for and on behalf of said City. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal, the day and year in this certificate first above written. (SEAL) No y Pu is for I aho Residence : Meridian, Idaho. STATE OF IDAHO ) ss. County of Ada ) On this day of December 1972 , before me, the undersigned, a Notary Public in and for said State, personally appeared CECIL A . CHERRY and BETH N. CHERRY, husband and wife, known to me to be the persons whose names are subscribed to the foregoing instrument, and acknowledged to me that they executed the same. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal , the day and year in this certificate first above written. AMIRROSE. FITZGERALD & (SEAL) Notary Public ,for Idaho LONGETEIG ATTORNEYS AND Residence: __- r i� , Idaho. COUNSELORS 929 EAST FIRST MERIDIAN. IDAHO 83642 TELEPHONE 888.4461 } ' f ryrrfi 1�c":.-•" r 3:,:rlw r,l .yam i �f{L'J L CLJkAjH 9;;f jar' l� e'i �Gt: �9xS } ''a '%INRT' AS*•s']'.sJ+d.-! rbl low -vww?f�.f• +lei+ ON 'Y4'M`2CA'�.`�.K':f._ 1y' 'y`_:;�• _ It,filso Adt d .y 11 f _ _ J°'. .� .',`i r:`_ .>•t. T.5 y`�.:J�t T: ' > r'.' "n J.j ? .:r J":. i i STATE OF COLORADO ) ss. County of -'q r On this / --, day of December , 1972 , before me , the under- signed , a Notary Public in and for said State, personally appeared LEONARD B. k2ASMUSSEN and DOROTHY RASMUSSEN, husband and wife , known to me to be the personswhose names are subscribed to the foregoing instrument, and acknowledged to me that they executed the same. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal, the day and year in this certificate first above written . (SEA) Nat ry Public for Colorado Residence; j //f T jP, ��J , Colo. 15, 171.6 �. 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