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HomeMy WebLinkAboutWestern Health Care Delivery Systems "7G22 s'75 WATER EASEMENT THIS INDENTURE, made this ` day of between WESTERN HEALTH CARE DELIVERY SYSTEMS, INC. , Norus, Inc. , William H. Figg<-t_, Jr. , Margaret Moulton, Rosemary Drake, Signa Treat , the parties of the first part, and hereinafter called the Grantor -s 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 Grantor a 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: line: An Easement 15 feet in 'width centered upon the following described Commencing at the Southeast corner of Section 6, Township 3 North, Range 1 East, noise Meridian, Ada County, Idaho and running ,;. 89028106" 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 continuing N. 89028106" W. 26.52 feet along said Southerly boundary of Section 6 to the TRUE POINT OF BEGINNING OF THE EASEMENT; thence N. 0023120" E. 830.00 feet along a line parallel to and 26.52 feet Westerly from the Easterly boundary of the said SW 1/4, SE 1/4, Section 6 to a point; thence N. 45°23'20" E. 58.72 feet to a point; thence N. 0023'20" E. 432.64 feet along a line parallel to and 15.00 feet Easterly from the said Easterly boundary of the SW 1/4, SE 1/4, Section 6 to the POINT OF ENDING OF THE EASEMENT, said point being S. 0023'20" W. 6.60 feet and S. 89-53108" E. 15.00 feet from the Northeast corner of the said SW 1/4 SE 1/4, Section 6; EXCEPTING THEREFROM.all existing right of way for U. S. Highway No. 30. �l `g mil."�^-��.: M_ reu. -��s .... 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 premises 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 : Two strips of land, each 10 feet in width, adjacent to and on either side of the above described permanent easement. 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 -2- ;' r . _"*v,-+�Gg�-�w,+r - t _��=1 ;,sue `3.�;iH�ksb�_��.6i�. m,a1,s.-_-.-�i,9 - , -�---�� to a condition comparable to that existent prior to the understaking of the construction of such sewer line. The Grantors do hereby covenant with the Grantee that_the� ire lawfully seised and possessed of the aforementioned and described tract of land, and that they havea 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 part ie w f the first part have hereunto subscribed their signatures the day and year first hereinabove written. . WESTERN HEALTH CARE DELIVERY NORUS, Inc. SYS17MS, I c. ` , r_,�.,. ' F. LaMarr He rend President Hey rend, Norman G. Fuller, Presider rdon M. Smith, 5ecr ary 'i"" ""`'' t-� .. .. Mar aa Moulto Wil iam H. Figg r. - ." r R semary D ke Sign Treat STATE OF IDAHO) County of ) On this IZ,.- ay of {: �L 4 in theyear 19-/L,; before me the undersigned, a Notary Public in and for said State, personally appeared F. LAMARR HEYREND,`President, and_G0RD0N_M. .SMITH- SprretAry , known to me to be the persons whose names are sub- scribed 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 first above written. :rah ....,,��'; Notary PuW 4 for the State rdaho Idaho Residin at r .� -c_ g I -3- U 01975 OCT2 NhWA, � ° STATE OF IDAHO } } ss COUNTY OF ADA } On this day of Gtc. in the year 197G, before me the undersigned, a Notary Publ c i n for said State, personally appeared Norman G. Fuller, President and P eoccY .� , 40xJ. of Norus, 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. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year first above written. Not ry Public r t S.t*-te W Y Residing at daho m� STATE OF IDAHO ) ss COUNTY OF ADA } On this -- day of j in the year 19a-, before me the undersigned, a Notary Public in and for said State, personally appeared Rosemary Drake, Signa Treat, and William H. Figgat, Jr. , known to me to be lit'l��?•,,persons whose names are subscribed to the foregoing instrument, and �\r� . .'goivi�edged to me that they executed the same. '�: ' �ti3 '� • �' WITNESS WHEREOF, I have hereunto set my hand and affixed my official ..,aeal t 1p _day and year first above written. .fk T�, �'d _ a N ary P bli for the rState of Idaho l Residing at lSr Idaho ,�TA F- WASHINGTON ) 4,.>�C() 1�T1'•Y 0F: 1�/!� L } ss -�- 07ft this -1 A day of .y v IJ C 171 in the year 19 / before me t . ' thoouh4,brsigned, a Notary Public in and for said State, personally appeared Margatet Moulton, known to me to be the person whose name is subscribed to the foregoing instrument, and acknowledged to me that she executed the same. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year first- above written. L-0 Notary Public for the State of Washington Residing at j , Washington i 5+ f. _ - ``+Ail �---��+• -- i I I INFORMED CONSENT TO RELEASE OF RIGHTS UNDER UNIFORM RELOCATION ASSISTANCE ACT WE, the undersigned, have received communication from the CITY OF MERIDIAN, a copy of which is attached and pursuant thereto, executed a water line 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 sai4 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 executing the water line easement the City of Meridian approved Regulations Governing Relocation Assistance and Real. Property Acquisition and the provisions thereof. Specifically, we have had explained to us by Mr. Fitzgerald our rights to obtain an appraisal of the value of oar water line easement the right to accompany an appraiser during his inspection of our water line easement , the right to have a written statement identifying our water line 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 water line easement , and our right to compensation. INFORMED CONSENT TO RELEASE - 1 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 execution of our water line easement We further waive all of our right to compensation for said writer line easement and desire to support the City of Meridian Project No. 07-01-01600 by the con- tribution without compensation of our 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 a result of the water line easement to the City of Meridian. WESTERN HEALTH CARE DELIVERY SYSTEMS, Inc. Date: ,.\J a ram- 197(, F. LaMarr Heyrend, Pr sident ordon M. Smit William H. Figgat� h, Secretary., r rWt Moulton rman G. Fuller +. R s ary Dra Sign Treat -�'•, " �- I'Nr0R` CD CONSENT TO RELEASE - 2 4 .ti., '�. �, �_ _ � , - -- a --__ - - _ EDA Project No. 07-01-01600 C O V E N A N T In consideration of financial assistance rendered and to be rendered by the Economic Development Administration, U.S. Department of Commerce, (here- inafter called the "Government") for construction of domestic water supply line and appurtances in Ada County, Idaho, 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 public purpose for which the Government assistance was rendered; and that such facilities will provide service without discrimination to all persons without regard to their race, color, religion, 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: u-+e , 197�, City of Meridian (Name of Owner) By. L14 D M. Storey Title. Mayor COVENANT - 1 4. ♦�v �t '.� h _�-.��- ,�-__ _. _. .. _ �' �W _ - _ �_ _ _ ti _^ STATE OF Idaho SS. County of Ada On this _ day of in the year /9 719 before me Don M. Storev (here insert the name and quality of the officer) personally appeared , known to me (or-proved to me on the oath of } co be Mayor 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 tj :. KATH RYN A. WPM Notary Public fc,r Idzho Residence, M.er's'ian, Idaho Commission expl;ns_ t A t� COVENANT - 2 r � z <� ' . � _ 'M �• !®� .` _. � // _:,: C� _ � � %- f _. —._tia .:'�-'�-.-v. �F' _ ��IlEi-'aye,"S•- .wy�'-'in-_..:Ai...-eie'- �..