HomeMy WebLinkAboutMeridian Place WATER EASEMENT
THIS INDENTURE, made this 29th. day of September 1975,
MERIDIAN PLACE, LTD. , a limited partnership ,
between
the partiesof the first part, and
hereinafter called the Grantors , and the City of Meridian , State of Idaho,
a municipal corporation, the party of the second part, and hereinafter
called the Grantee;
WITNESSETH.
WHEREAS, the Grantors, desire_ to provide a water right of way
across the premises and property hereinafter particularly bounded and
described; and
WHEREAS, the water is to be provided for through an underground
pipeline to be constructed by the Grantee; and
WHEREAS, it will be necessary to maintain and service said pipeline
from time to time by the Grantee;
NOW, THEREFORE, in consideration of the benefits to be received by
the Grantors, and for the sum of One Dollar ($1 .00) and other good and
valuable consideration, the Grantors, do_ hereby give, grant and convey
unto the Grantee the right of way for an easement for the construction,
operation and maintenance of a water line over and across the following
described property:
An easement 60.00 feet in width centered upon the following de-s-
cribed line:
Commencing at the Southeast corner of Section 6, Township 3 North,
Range 1 East, Boise Meridian, Ada County, Idaho and running N. 89°28'06"
W. 1320.51 feet along the Southerly boundary of said section 6 to the
Southeast corner of the SW 1/4 SE 1/4, Section 6;
thence N. 0°23'20" E. 1304.15 feet along the Easterly boundary of
the said SW 1/4 SE 1/4, Section 6 to the TRUE POINT OF BEGINNING OF THE
EASEMENT;
thence continuing N. 0°23'20" E. 6.60 feet along said Easterly
boundary of the SW 1/4 SE 1/4, Section 6 to the Northeast corner thereof;
thence continuing N. 0°23'20" E. 100.00 feet along the Easterly
boundary of the NW 1/4 SE 1/4, Section 6 to the POINT OF ENDING OF THE
EASEMENT.
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The easement hereby Granted is for the purpose of construction and
operation of a water line and allied facilities, together with their
maintenance, repair, and replacement at the convenience of the Grantee, with
the free right of access to such facilities at any and all times.
TO HAVE AND TO HOLD, the said easement and right of way unto the
said Grantee, its successors and assigns forever.
IT IS EXPRESSLY UNDERSTOOD AND AGREED, by and between the parties
hereto that the Grantee will timely complete the work of laying the
water line and restore the promises used therefor to a condition comparable
with that existing prior to exercising this easement; that in making future
repairs the Grantee will expediently replace and restore the premises to
a condition comparable to that existent prior to undertaking such repairs
and replacements.
THE GRANTORS hereby covenant_ and agree_ that they_ will not place
or allow to be placed any permanent structures on the area described
for this easement which would interfere with the use of said described
easement for the purposes stated herein.
IT IS HEREBY FURTHER AGREED that the Grantors do— hereby give and
grant to the Grantee the right to use during initial construction an
additional strip of land described as follows :
None required.
IT IS UNDERSTOOD that the strip of land described in the previous
paragraph is for the purpose of constructing said water line herein described,
the same to expire when the initial construction is completed.
IT IS UNDERSTOOD and agreed that the Grantee will restore said strip
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to a condition comparable to that existent prior to the under-
taking of the construction of such sewer line.
The Grantors do hereby covenant with the Grantee that
they are lawfully seised and possessed of the aforementioned and
described tract of land , and that they have a good and lawful
right to convey said easement , and that they will warrant and
forever defend the title and quiet possession thereof against the
lawful claims of all persons whomsoever.
IN WITNESS WHEREOF , the said parties of the first part
have hereunto subscribed their signatures the day and year first
hereinabove written.
MERIDIAN PLACE, LTD. , a limited
partnership
By ADA-WEST PROPERTIES
the general partner
By
Partner
State of Idaho }
} ss .
County of Ada )
On this 29the day of September , 1975 , before me , the
undersigned, a notary public in and for said State , personally
appeared KARL L. HARMON known to me to be a
general partner of ADA-WEST PROPERTIES , a general partnership , the
general partner of MERIDIAN PLACE , LTD. , a limited partnership , and
the partner who subscribed said limited partnership name to the
foregoing instrument , and acknowledged to me that he executed the
same in said limited partnership name.
IN WITNESS WHEREOF , I have hereunto set my hand and affixed
my official seal , the day and year in this certificate first above
written.
Not y u 3c or Idaho
Res ing at Boise , Idaho
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INFORMED CONSENT TO RELEASE OF RIGHTS UNDER
UNIFORM RELOCATION ASSISTANCE ACT
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WE, the undersigned, have received communication from the CITY OF
MERIDIAN, a copy of which is attached and pursuant thereto, iemembte&Ak offer y
a well site and water line easement
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We have had explained to us by John 0. Fitzgerald, Attorney at Law, represent-
ing the City of Meridian, the fact that Economic Development Administration
Grant Funds have been received by the City of Meridian and, therefore, we are
entitled to the benefit of the Uniform Relocation Assistance and Real Property
Acquisition Policies for Federal and Federally Assisted Programs. We have had
read and explained to us by Mr. Fitzgerald the Uniform Real Property Acquisi-
tion Policy of said Federal Act and our rights thereunder. We have had ex-
plained to us by Mr. Fitzgerald the provisions of the Relocation Assistance
Act of the State of Idaho and our rights thereunder. We have further had
explained to us that subsequent to our *§#%Kt# z offering the well
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site and water line easement , E
the City of Meridian approved Regulations Governing Relocation Assistance and
Real Property Acquisition and the provisions thereof. Specifically, we have
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had explained to us by Mr. Fitzgerald our rights to obtain an appraisal of the
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value of our site and easement i
the right to accompany an appraiser during his inspection of our
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site and easement the right to have a written statement
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identifying our site and easement _ and setting forth the '
amount of our just compensation therefor, a copy of the appraisers report to
determine just compensation, our right to require the City of Meridian to ac-
quire remaining portions of our lands if they were uneconomic remnants, which
they are not, our right to have the City of Meridian acquire the land by `
negotiation, rather than condemnation, and our right not to have the City of
Meridian compel us in a coercive nature to convey the site and easementm
and our right to compensation.
INFOR1ED CONSENT TO RELEASE - 1
4 y �
�` ,Y
After all of this explanation, we hereby waive any rights under the
Uniform Relocation Assistance and Real Property Acquisition Policy for Federal
and Federally Assisted Programs, our rights under the Relocation Assistance
Act of the State of Idaho, and waive our rights under the Regulations Governing
Relocation Assistance Real Property Acquisition of the City of Meridian, enacted
subsequent to the offer of our well site and water line
easement
We further waive all of our right to compensation for said well site and
wat.e,r .line easement
and desire to support the City of Meridian Project No. 07-01-01600 by the con-
tribution without compensation of our
well site and water line easement
Finally, we state that there was no business on our real property of
which the easement granted was a part, no personal property which was required
to be removed and no residence which was required to be removed as s result of
the well site and water line easement
to the City of Meridian.
Date. September 29, , 197 5 XXXXXXXXXXXXXxxxxxxxxxxxxxxxxxxxx
) XXkXV.XAk"9
MERIDIAN PLACE , LTD . , a limited
partnership
XXXXXXXXXXXXXXXXXXXXXXXXxxz,xx,xxxz
XXMUXCX &W
By ADA-WEST PROPERTIES
the general partner
XXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXX
BY
Partner
XXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXX
INFORMED CONSENT TO RELEASE - 2
_ .:_
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_J—U—B ENGINEERS, INC. 5903 Franklin Road-Boise, Idaho 83705
DESCRIPTION FOR
A 60 FOOT PERMANENT WATER EASEMENT
FOR MERIDIAN PLACE LTD
A PORTION OF THE SW 1/4 SE 1/4, SECTION 6,
T.3N. , R.IE. , B.M. ,
ADA COUNTY, IDAHO
Commencing at the Southeast corner of Section 6, T.3N. , R.lE. ,
B.M. , Ada County, Idaho and running North 89028106" West 1320.51 feet
along the Southerly boundary of the said Section 6 to the Southeast
corner of the SW 1/4 SE 1/4, Section 6;
thence North 0°23'20" East 1304.15 feet along the Easterly boundary
of the said SW 1/4 SE 1/4, Section 6 to the TRUE POINT OF BEGINNING
OF THE EASEMENT;
thence continuing North 0°23'20" East 6.60 feet along said Easterly
boundary of the SW 1/4 SE 1/4, Section 6 to the Northeast corner thereof;
thence continuing North 0°23'20" East 100.00 feet along the Easterly
boundary of the NW 1/4 SE 1/4, Section 6 to the POINT OF ENDING OF THE
EASEMENT.
STATE OF IDAHO, COUNTY OF ADA,ss.
Filed f r record at¢tthe request of
Min. past -46—m.this day cf 19
CLARENCE A. PLANTING, R Sarder
By
p O
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2JDA Pr0Ject No. 07-01-01600
C 0 V E N A N T
In consideration of financial assistance rendered and to be rendered
by the Economic Development tidministration, U,S. Department of Commerce, (here-
inafter called the "Government") for construction of
a do ,e.stic_ water distributiQn I ne and aar:urtenances, •__
in
the location of which is more particularly described on Exhibit A attached
hereto and incorporated herein by this reference, all or part of which will be
to the use and benefit of the described lands of the undersigned, the under-
signed does hereby covenant and agree that it, or a successor satisfactory to
the Government, will retain title to said lands and to the facilities to be
constructed thereon by the project for their useful life, herein determined by
the parties to be 30 years; and that such facilities will be devoted to
the purpose for w"Hich thn 3S?'i^tU`==:.@ .'v:. _en.?2-e.7 _..., rt'+t+t
such facilities w~� 1 _>rc-tide service without discrimination to all persons
without regard to their race, color, relition, sex or national origin. The
covenants and restrictions herein contained shall run with the described land
and may be terminated or suspended during the term hereof only upon the prior
written consent of the Government.
Date: _ , 1976 City f Meridian
(Name of Owner)
Cinon M. Storey
Title: Mayor
COVENANT -.
STATE OF IDAHO
es.
County of Ada
Lira this day of � V � �, in the year ,
before me the undersigned
(here insert the name and quality of the officer)
personally appeared Don M. Storey _ , known to
me (or-proved to me on the oath of )
to be Mayor -- W of
(title of the officer)
_ City of Meridian
(Name of private or public corporation, state agency, or political subdivision)
and acknowledged to me that such City of Meridian
(Name of private or public corporation,
executed the same.
state agency, or political subdivision)
A r p `
�' U q 1 r, •f M KATHRYN A. MCP€AK
Notary f u6Eic for Idaho
Art o Residence, frlerirtiar,, idsho
Co"'Miss.'IM expires_ -/�-�►J
COVENANT - 2 ,
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G22%'374
- WARRANTY DEED
For Value Received MERIDIAN PLACE , LTD. , a limited partnership ,
the grantor , does hereby grant, bargain, sell and convey unto the CITY OF MERIDIAN ,
the grantee , whose current address is 728 Meridian Street , Meridian, Idaho ,
the following described premises, in Ada County Idaho, to-wit:
A portion of the W112 SE1/4 , Section 6 , Township 3 North, Range 1 East , B. M. ,
Ada County, Idaho , more particularly described by metes and bounds as follows:
Commencing at the Southeast corner of Section 6 , T 3 N , R 1 E, B .M. , Ada
County , Idaho , and running N. 89028 ' 06" W 1320 . 51 feet along the Southerly
boundary of said Section 6 to the Southeast corner of the W1/2 SE1/4 , said
Section 6 ; thence N. 0123118" E 1304 . 15 feet along the Easterly boundary of
the said W1/2 SE1/4 , Section 6 to a point which bears S . 0023118" W 6. 60 feet
from the Northeast corner of the SW1/4 SEI/4 , said Section 6 ; thence 14. 89° 53 '
08" W 30 . 00 feet along a line parallel to and 6 . 60 feet Southerly from the
Northerly boundary of the said SW1/4 SEl/4 , Section 6 to the TRUE POINT OF
BEGINNING ; thence continuing N. 89053108" W 100 . 00 feet along a line parallel
to and 6 . 60 feet Southerly from the said Northerly boundary of the SW1/4 S£1/4
Section 6 to a point ; thence N . 0° 23120" E I06 . 60 feet along a line parallel
to and 130 . 00 feet Westerly from the said Easterly boundary of the W1/2 SE1/4
Section 6 to a point ; thence S . 80153108" E 100 . 00 feet along a line parallel
to and 100 . 00 feet Northerly from the said Northerly boundary of the SW1/4
SE1/4 , Section 6 to a point ; thence S . 0° 23 ' 20" W 106 . 60 feet along a line
parallel to and 30 . 00 feet Westerly from the said Easterly boundary of the
W1/2 SE1/4 , Section 6 to the point of beginning. Containing 0 . 24 acres more
or less .
To be used by the grantee for the drilling , operation and maintenance of a
water well and pumping facilities for supplying water to the Municipal Water
System of grantee. Failure to drill , operate and maintain said well on the
above described premises , within three years from the date hereof , or the
abandonment of , or the failure to supply water therefrom after the installa-
tion and operation thereof for a period of three years shall cause a termina-
tion of the within grant and conveyance , and title to said property shall ,
upon the happening of anyof such events , revert to the grantors , theirs; - s
and ssigns.TO HAVE AND TO HOLD the said premises, with their appurtenances unto the said Grantee ,
and its MW and assigns forever. And the said Grantor does hereby covenant to and
with the said Grantee that they are the owners in fee simple of said premises; that they are free
from all ineumbrances except current taxes and assessments
and that they will warrant and defend the same from all lawful claims whatsoever.
Dated: _ September 29, , 1975 .
MERIDIAN PLACE, LTD. , a limited
_partnership
i
8�+�A19 A,PERTIES Ba e_ 144MAOS
a[f ner Partner
crosTF,r}j,'jDA'R0. COUNTY OF STATE OF IDAHO, COUNTY OF
A.y 7.
STATE-.-F, IDI1A��HO )),
County. �Ati 1') s - ---_.w _.
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On this 2�9thheday of September , 19751 before me , the undersigned,
a notary public in and for said State , personally appeared
)EARL L. HARMON known to me to be a general partner of ADA-
WEST PROPERTIES , a general partnership , the general partner of MERIDIAN
PLACE , LTD. , a limited partnership , and the partner who subscribed said-
limited partnership name to the foregoing instrument , and acknowledged
to me that he executed the same in said limited partnership name.
IN WITNESS WHEREOF, I have hereunto set my hand and affixes{ my official
seal , the day and year in this certificate fi,rs_t. -above written.
S-i
Notary bl c for Idaho , Residing at Boise, I mho