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HomeMy WebLinkAboutAppropriation of Public Waters Meridian Manor No 3 Well No 78443435 AFFIDAVIT AUTHORIZING CHANGE ON PLAT SHOWING MERIDIAN MANOR NO. 3 SUBDIVISION MERIDIAN, ADA COUNTY, IDAHO STATE OF IDAHO) County of Ada )ss I, D. Michael Preston, a registered professional engineer and land sur- veyor, licensed by the State of Idaho, do hereby certify that the plat of Meridian Manor No. 3 Subdivision, recorded in the office of the Ada County Recorder, in Book 46 of Plats at pages 3780 and 3781 at 4:10 p.m., on the 30th day of April, 1979, Instrument No. 7923264, was made by me and since the date of recording an error has been discovered. This affidavit is for the purpose of authorizing the Ada County Recorder to make notation on said subdivision plat correcting this error. 1. On Sheet 1 of 2: The bearing and distance along the Northerly boundary line of Lot 10, Block 2, reads N.89148135"W. 100.00'. Bearing and distance should read N.89°48'35"E. 100.00!. ichael Preston, P.E./L.S. Idaho Certificate No. 2109 STATE OF IDAHO) County of Ada )ss On this R'" day of �--, 1984, before me, the undersigned, a Notary Public in and for said State, personally appeared D. Michael Preston, known to me to be the person whose name is subscribed to the within instrument, and acknowledged to me that he 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. j No ary P lic for Idah Residing at Boise, Idaho J -U- B ENGINEERS, INC. 250 South Beechwood Avenue, suite I — Boise, Idaho 83709 Project: 8943 Date: August 27, 1984 DESCRIPTION FOR THE CITY OF MERI B O K 2 , A PORTION OF LOT 15, MERIDIAN MANOR NO. 3 SUBDIVISION LYING IN THE SW 1/4 SE 1/4, SECTION 1, T.3N., R.1W_, B.M., MERIDIAN, ADA COUNTY, IDAHO as Recorder, Boise, Idaho in A portion of Lot 15 of Block 2 the Ada County ridian Manor No _ 3 subdivision,SE 1/4 filed 'for record in thepages 3780 and 3781 and lying in the SW 1/4 of theSE 46 of Plats at p g Meridian, Ada County, Idaho and more p of Section 1, T.3N., R.1W., B.M " innin at the most Northwesterly so corner saidof the po point larly described as follows: Beginning BEGINNING; thence North 65°16'05" East f Meridian said Lot 15 of Block 2 of B Meridian Manor No. 3 Subdivision, also being the REAL POINT OF of the said Lot 15 of Block along the Northwesterly boundary of thence South 24°43'55" East 5-40 feet to a Manor No. 3 Subdivision to a p a line 5.40 feet Southeast - point; thence South 65°16'05" West 36.65 feet along a line of Lot 15 of Block 2 pa with the said Northwesterly y bouon the Southwesterly boundary erly of and p thence of Meridian Manor No. 3 Subdivision to a P boundary of Lot 15 f the said Lot 15 of Block 2 of Meridian aidMSouthwesterly bound sy o ° point of beginning, North 56°36'56" West 6.36 feet along Subdivision to the of Block 2 of Meridian Manor square feet), 3 , more or less. comprising 0.005 acre (207 sq Prepared by: J -U -B ENGINEERS, Inc. Gary L. Rodensp ie 1, L _ S _ JTE/GLR/JDC:mz Identification No. Application No. "' r STATEF IDAHO DEPARTMENT F WATER ADMINISTRATION APPLICATION FOP. PERMIT4 t To Appropriate the Public Waters of the State of I® (TYPE OR PRINT IN INK) 1. Name of applicant City of Meridian ( - 4'q: '-�' post office address 728 Meridian Street, Meridian, Idaho 83642 2. Source of water supply ground water which is a tributary of 3. a. Location of point of diversion is SW '/4 of SE '/4 of Section 1 Township 3 N Range 1 W B.M. Ada County; additional points of diversion if any: N/A b. If water is not consumed, it will be discharged into N/A at a point in Y4 of '/4 of Section Township Range B.M. 4. Water will be used for the following purposes: Municipal Amount 1.91 for dnTnn tj:r purpose from ,Tan. 1 to Dec. 31 (both dates inclusive) (cfs or acre-feet per annum) Amount for purpose from to (both dates inclusive) (cfs or acre-feet per annum) Amount for purpose from to (both dates inclusive) (cfs or acre-feet per annum) 5. Total quantity to be appropriated: a. 1.91 cubic feet per second and/or b. N/A acre feet per annum. 6. Proposed diverting works: Ia. Descriptionofditches, flumes, pumps,- headgates, etc. one vertical turbine pump (design capacity = 860 gpm„_motor size — 100 hp, column size — 8", pump doth = 200'), face piping to include meter gate valve® check valve, sample ports,. vents. Installation is to be housed. b. Height of storage dam N/A feet, active reservoir capacity acre feet; total reservoir capacity acre feet, materials used in storage dam: Period of year during which storage will occur to inclusive. (Mo. Day) (Mo. Day) c. Proposed well diameter is 16' inches; proposed depth of well is 440 feet. 7. a. Time required for the completion of the works and application of the water to the proposed beneficial use is 1/2 years. b. Estimated construction cost is $ 60, 000.00 8. Description of proposed uses: a. If water is not for irrigation: (1) Give the place of use of water: _NL_ya of '/a of Section Township Range B.M. (2) Amount of power to be generated: N/A hp under feet of head. (3) List number of each kind of livestock to be watered J_. (4) Name of municipality to be served Meridian or number of families to be supplied with domestic water 1200 (5) If water is to be used for other purposes describe: N/A ilfflj b. If water is for irrigation, indicate acreage in each subdivision in the tabulation below: N/A P1E�/a PJWVa SWC/a SES/a RANGE SEC. T®TRIS NEI/a NWI/a SW�/a SEI/a NE�/a NWI/a SWC/a SE�/a NEVA NWI/a SW�/a SEI/a FOEI/a NWya SWNSEU/a 7 Total number of acres to be irrigated k� c. Describe any other water rights used for the same purposes as described above. There are four other existing domestic wells in Meridian The water rights numbers for those wells are not known. 9. a. Who owns the property at the point of diversion City of Meridian b. Who owns the land to be irrigated or place of use N/A c. If the property is owned by a person other than the applicant, describe the arrangement enabling the i applicant to make this filing N/A w. 10. Remarks This well will be known as the Meridian Domestic Well No. 7 Water from this well will 1 h diverted teal into the TTPrI rli an rli atri h„ti nn w st eaza. _at two points: on NW Rth+" Street by Kenneth Witt and Sons Well Drilling. The pump face piping and bathhouse were designed by J—U—B ENGINEERS Inc and plans for the entire facilities are available for inspection through the City of Meridian. i. t; W ai c � L t, ! Ii.. i 11. Map of proposed project: show clearly the proposed point of diversion, place of use, section number, township and range number. i I ----t--- I I I ---�--- I i I ---1--- I I I --- --- I i i ---4--- I I I --- I I I I I ---+--- I i I ---1---- I I I ---t --- � I I ---L--- I I ---1---- I I --- I I I I I I ---L--- .y.I i y I I I I I I I I I l I I I I I I I i I I I I I i I I I I INT OF I I DIVIONI I I I i I I I I I I I I I I I I I I I I I I I I I I I 1 I I I I I I I I I I I I I I I I I I I I I I I I I I i I I I I I I I I I I I I I I I I I I I I I I I I I I I I I A I I I I I I I I I I w I I I I I I I I I I I v 5-10-1974 Received by Date r Time Preliminary ch4 k by -) Fee $ E04) `J Receipted byZhed Date el e-c- 7 / Publication p by Date Published in Publication dates — 47'7 Publication approved ,� Date Priority reduced to Reason Protests filed by: Copies of protests forwarded by Hearing held by Date Recommended for la p vali denial by ACTION OF THE DIRECTOR, DEPARTMENT OF WATER ADMINISTRATION This is to certify that 1 have examined Application for Permit to appropriate the public waters of the State of Idaho No. 63-7978 and said application is hereby APPROVED 1. Approval of said application is subject to the following limitation p I sand conditions: 9 a. SUBJECT TO ALL PRIOR WATER RIGHTS. b. Proof of construction of works and application of water to beneficial use shall be submitted on or before July 1= 19 75 c. Other: A measuring device of a type approved by this Department shall be permanently installed and maintained as part of the divert -n g u7orlrc } 2. Denial of said application is for the following reasons: i Witness my hand this day of June 1 q 74 L .J, STATE OF IDAHO DEPARTMENT OF WATER ADMINISTRATION APPLICATION FOR PERMIT To Appropriate the Public Waters of the State of Idaho (TYPE OR PRINT IN INK) 1. Name of applicant City of Meridian Ph ` f ir— 4,q 3v post office address 728 Meridian Street, Meridian, Idaho 83642 2. Source of water supply ground water which is a tributary of 3. a. Location of point of diversion is SW '/4 of SE '/4 of Section 1 Township 3 N Range 1 W B.M. Ada County; additional points of diversion if any: N/A b. If water is not consumed, it will be discharged into N/A at a point in '/4 of '/4 of Section.. Township Range B.M. 4. Water will be used for the following purposes: Municipal Amount 1-91 for dmmrstir_ purpose from Tan- 1 to Dec 31 (both dates inclusive) (cfs or acre-feet per annum) Amount for purpose from to (both dates inclusive) (cfs or acre-feet per annum) Amount for purpose from to (both dates inclusive) (cfs or acre-feet per annum) 5• Total quantity to be appropriated: a. 1-91 cubic feet per second and/or b. N/A acre feet per annum. 6. Proposed diverting works: a. Description of ditches, flumes, pumps, headgates, etc. one vertical turbine pump (design capacity = 860 Rpm, motor size — 100 hp, column size — 8". Pump depth = 200'), face piping to include meter gate valve, check valve, sample ports, vents. Installation is to be housed. b. Height of storage dam N1A _ feet, active reservoir capacity acre feet; total reservoir capacity acre feet, materials used in storage dam: Period of year during which storage will occur to inclusive. (Mo. Day) (Mo. Day) - c. Proposed well diameter is 16' inches; proposed depth of well is -440 feet. 7. a. Time required for the completion of the works and application of the water to the proposed beneficial use is 1[2 years. b. Estimated construction cost is $ 60, 000_00 8. Description of proposed uses: a- If water is not for irrigation: (1) Give the place of use of water:___N�_.-'/4 of_____—'/4 of Section Township Range B.M. "b. If water is for irrigation, indicate acreage in each subdivision in the tabulation below: N/A NEI/4 NWI/a SW'/4 TWP. RANGE SEC. - - NEI/4 NWVa SWVa SEI/4 NEI/4 NWI/a SWVa SEI/4 NEVd NWVa SWVa SEI/4 NEVa SEI/4 TOTALS /a S W Va SEI/4 Total number of acres to be irrigated c. Describe any other water rights used for the same purposes as described above. There are four t other existing domestic wells in Meridian. The water rights numbers for those wells are not known. 9. a. Who owns the property at the point of diversion Cites of Meridian b. Who owns the land to be irrigated or place of use N/A j, c. If the property is owned by a person other than the applicant, describe the arrangement enabling the applicant to make this filing N/A 10. Remarks This well will be known as the Meridian Dome -tic Well No. 7 WntPr from this well will be diverted into the Meridian diGtri hut_i on system at two paints_ nn NW flth Street and on Che Lane. -T'liewel was drilled ' by Kenneth Witt and Sons Well Drilling. Thepum_p_. face Piping and bathhouse were designed by J -U -B ENGINEERS, hng. and plans for the `. entire facilities are available for inspection through the City of Meridian. �t: 11. Map of proposed project: show clearly the proposed point of diversion, place of use, section number, township and range number. I I ----1--- I I I I I I I j I I I I I I I I I I I i I i I I I I I I I I � I I I• I I I I T. 4 . R. IW -,B M. I I I I j I I I I I I I I I I I I ----�--- I I I --- --- I I ----T--- I I ---4--- I I I ---1--- I I c -=--J--- ---J--- --- 1--- --- I--- ---�--- --- I--- --- I PONT OF Dl vE slo, I I fi--- I I ---L--- I I ---L--- I --- fi--- I I ---� --- I I ---I --- I I ---I --- I I ---L I d I ----------�--- I I I I ---J-------I I I I ------------- I I I —=—i I ------ I ---�--- I ---T--- ---I I ---T--- I ------'— ---I z I I I I I I r UJ LU x I I I I I � I I I I � �--• I I I � ruuiisneca in 1z F� Publication dates f Publication approved Date Priority reduced to Reason Recommended for pprovali denial by ACTION OF THE DIRECTOR, DEPARTMENT OF WATER ADMINISTRATION This is to certify that I have examined Application for Permit to appropriate the public waters of the State of Idaho No. 63-7978. , and said application is hereby APPROVED 1. Approval of said application is subject to the following limitations and conditions: a. SUBJECT TO ALL PRIOR WATER RIGHTS. b. Proof of construction of works and application of_. water to beneficial use shall be submitted on or before July 1 19 75 c. Other: A measuring device of a type approved by this Department shall be _nPrmanent13Z installed and maintained as part of the divertinjz workg 2. Denial of said application is for the following reasons: USk+TYPE.V7RITER OR State of Idaho BALL POINT PEN Department of Water Administration WELL DRILLER'S REPORT State law requires that this report be filed with the State Reclamation Engineer within 30 days after completion or abandonment of the well. 1. WELL OWNER Name '' 7. WATER LEVEL Static water level feet below land surface Flowing? ❑ Yes ❑ No G.P.M. flow Temperature ° F. Quality_ Artesian closed -in pressure p.s.i. Controlled by ❑ Valve ❑ Cap ❑ Plug Address Owner's Permit No. 2. NATURE OF WORK ❑ New well ❑ Deepened ❑ Replacement wDischarge O Abandoned (describe method of abandoning) 8. WELL TEST DATA ❑ Pump ❑ Bailer ❑ Other G.P.M. Draw Down Hours Pumped 3. PROPOSED USE ❑ Domestic ❑ Irrigation ❑ Test ❑ Municipal ❑ Industrial ❑ Stock 9. LITHOLOGIC LOG Hole Depth Diam. From To Water Material Yes No 4. METHOD DRILLEDa ❑ Cable ❑ Rotory ❑ Dug ❑ Other 4 4 5. WELL CONSTRUCTION Diameter of hole inches Total depth :r 9 feet Casing schedule: Steel ❑ Concrete Thickness Diameter From To inchesc., inches feet feet inches inches feet feet inches inches feet feet inches inches feet feet inches inches feet feet Was a packer or seal used? ❑ Yes ❑ No Perforated? ❑ Yes ❑ No;� How perforated? 0 Factory ❑ Knife ❑ Torch Size of perforation inches by inches Number From To perforations feet feet perforations feet feet perforations feet feet Well screen installed? ❑ Yes ❑ No Manufacturer's name Type Model No. Diameter— Slot size_ Set from feet to feet Diameter_ Slot size_ Set from feet to feet Gravel packed? ❑ Yes ❑ No Size of gravel Placed from feet to _ feet Surface seal? ❑ Yes ❑ No To what depth_ ' feet Material_ used in seal ❑ Cement grout ❑ Puddling clay i. i.. exe. ,ca wilClt e,r+ty_ ,_ ;. t .t r 9.�.. 74 77 St 0. , a: r,'4 q r .' ; a ; a f , LA f 1 il±lit U5� 1"YE'EWRITER OR State of Idaho BALL POINT PEN Department of Water Administration WELL DRILLER'S REPORT State law requires that this report be filed with the State Reclamation Engineer within 30 days after completion or abandonment of the well. 1. WELL OWNER 7. WATER LEVEL Name City o Meridian Static water level_ feet v -land surface Flowing? ❑ Yes ❑ No G.P.M. flow Address Temperature_ ° F. Quality Artesian closed -in pressure p.s.i. Owner's mit No� Controlled by El Valve ❑ Cap ❑ Plug 2. NA URE OF ORK / 8. WELL TEST DATA eepened / ❑ QReplacement ❑ Pump ❑ Bailer ❑ Other Discharge G.P.M. Draw Down Abandoned (describe mgtho f aband ing) Vi M�RMI nIndus /❑ 4. MAfHOD DR/LED ✓ ,� ❑ Cable K) Rotory ❑ Dug ❑ Other S. WELL CONSTRUCTION Diameter of hole inches Total depth feet Casing schedule: ❑ Steel ❑ Concrete Manufacturer's name Thickness Diameter From To Cla inches inches feet feet inches inches feet feet inches inches feet feet inches inches feet feet inches feet —_ feet Gravel packed? ❑ Yes ❑ No Size of gravel Was a packer or seal used? ❑ Yes ❑ No Placed from Perforated? ❑ Yes ❑ No feet How perforated? ❑ Factory ❑ Knife ❑ Torch ❑ No To what depth_ Size of perforation inches by inches Material used in seal Number From To perforations feet feet perforations feet _ feet perforations feet feet Well screen installed? ❑ Yes ❑ No Sand Manufacturer's name 94 Cla Type Model No. Brown Sand Diameter -_Slot size_ Set from - feet to_ feet Diameter— Slot size_ Set from feet to feet 125 Gravel packed? ❑ Yes ❑ No Size of gravel _ Placed from feet to feet Surface seal? ❑ Yes ❑ No To what depth_ feet Material used in seal 0 Cement grout ❑ Puddling clay 9. LITHOLOGIC LOG HoleDepth Water Diam. Material From To Yes No 0 1 11 1 Top Soil 11 16 Larize Gravel d Sand 16 21 Gravel 6. Sand 82 83 Sand 83 94 Cla 94 118 Brown Sand 118 124 Cla 124 125 Brown Sand 125 130 Cla 130 131 Sand 131 137 Clav IM 144 1 Cla 144 146 1 Sand 146 156 Cla 156 162 Sand 162 164 Cla cn 164 169 Sand 169 172 Dry Sandy Cla 1721187 Sand 187 1 187 Streaks of clay 187 192 Coarse Sand d. Occasional gravel. 192 194 Sand 194 195 Cla 8. Sand 195 207 Coarse Sand Pete Cope Drilling Company P.O. Box 561 Meridian, Idaho 83642 8 May 1973 City of Meridian Meridian, Idaho 83642 Attn: City Council I am sending the well logs of both the abandoned well and the new well, hoping they will help you in finishing your well. Due to the lack of knowledge of your engineer of the type of drilling method used, the discrimination in specifications and negligence in locating the well site made it impossible for me to take any other course. I sincerely regret this had to happen. Sincerely, Pete Cope Drilling Company Pete Cope /Operator PC:tfj cc:, Henry Scott Bruce Bo7"7ler Southwest Pipe Sumner Johnston PERFORMANCE AND PAYMENT BOND KPOU ALL HEM BY THESE PRFSEN TS, that we Kenneth D. Witt as Principal, and _ .United _Stste .Fidelity and Guaranty Compaynvy."_, a corporation duly authorized to do a general su,= bnalonFs in TWo. as Surety, ate jointly and sevapally L-00 no! 1 a"] Unto ._­ Citv of -Meridian, Idaho hereinafter called the Cbl igee . in the SVYII 0.7 Twenty -Five Thousand and No/100 Pol lars ($ 25, 000. 00 for the payment of which ve jointly and sevevally Pin! ourselves, our heirs, executors, administratoir. cu a-nFopf, and nssigns, firmly by tLese presents: THE CONDITiON OF THIS BOND TS SUCH THAT PHERFAS, the Principal herein entered into a Contract ulth Gbliqvi 000 May 3 , 19 73 , which CorWaT lonludes and consists 01 WertWannt3or Bids, Iii for uatio" fo',, Bidders, Proposal, Contract, General Conditions, and Spocial Specifications, all of which are hereinafter refers to as Contract Documents and are attached hereto and made a part hqrnof and nnr7unnt to ttn Ormp nAd cnN721"a, of all ol uhich Principal has undertaken to per Vurm al] labor and to furnish all material, tools and eau ipmaX'. of every kind and nature necessary or requi rod in Eccoi dance with the terms and conditions set forth in said WWK-, Documents, and has undertaken to make payment prowqV,,,, for all such labor (WQUdW9 all sums required A 1 2 paid by 02 Wic K the Stali K Who for the benefit n& YoWnre o7 a7l P)rkars, including Po -1 componsallow ap! pnumploy­ wnt recur,t& all taxes c? every kind and umbon, Tor 07 mAcviral s and services furnished or PaWorwd pmrvnint to sunk rontract; and, WHERFAS, said Principal has ngrned to save the Ohllqrn MA less "cam oil claim for oamaqls or injury to PrOFI&V Or Vq by reason of said uark, as set cnt 0% in Fall Contract DocumnW, and to do n& pDoVii-i all 040, in said Contract Documents required in Ma Kn,) and rannor and under the V?m: and conditions thnrMn rv; forth, and in conformity with all laws, State or ovLojuirl, applicable thereto, MOU. YHREFORE, if the Principil shall promptly rinn jnjim. A T) xy�ls rMAYN] V!, 001 u,() !Jt 1� up to awy-subcontractor in the prosecution of the work provided for, and Ehall U-117 V& truly P270CIA 2.1 MM all 02 UO2vtokings, eft vnis, loins, co;!Q&,�, an:! agrep�Ms of Slid ion" =t C Mng thn 011y4way K —` said COPT"nat and any MnisYan thereof that hEiv N 1no, Q 1 Y 010 0117902, With CP KILO notice to the_ PYA SNOU n'vo uall ann Quily rn. tyni and fulfM �7 Vzo iii n0n- takings. covnnass, tenho. condMens and vagi � R nnil and all MY authorUnd modillraticnis of said W thw-, may hirnifler be made to PrinaQU and/or to or Win aosigns, and shall. ccnaencing with Ki Wn kozox'' and contiuming for one yni- nVUr the complM of No Contract and the final Eattlemont thwyooA haynToss the Obligee, its oMceps and agnKs. 0 n oM VaM therefor, or frcm any c7rlm for damage; PY Gju,!�: to proparty or persons arising by reason of Eald uovh and Vill, in the time anA mannn: and under the Quyvc viol cand0tions proscriLed, uYl W faithfully do, pop0w, wthl fasYrn all Mhor, mate ,:11s vid things an by it in 6PLI CanNsH und3rtaken and as by law, State and nallenni, prescribed, then this obligation shall be void, Lut 042r - wise it shall remain in full force and effect. Pp9VTnF9, VnWFVFR, thit MR 7-nd is ruhlont V TY 074,01j Withur conditions: (a) All material suppliers, and all persons who shaU supply such laborers, mechanics, or subcontractors with maNNal, supplies, or provisions for carrying on such wop%, chiV.1 have a dirn& pigh, 07 action yglinst tiro NVHY� l 7k� Surety on 0his Pond, seco iJ upiv to the right � Va YnAll—I under Us Aund. which M40 n7 Wirn shall hn orsoVU in procrKinqs instituted in Un appropriate coup t K &-� State of Who and insofar as parmitted by the Ina of Who, PB -2 such right or action shall hi asserted in a proceeding instituted in the name of Re Obligee to the use W WWII", W Ma qrson, firm, or corporation instituting wh n0w.,� and c! all other persons, 'iii nDs. or corporation APOITOO'l such a<: t': and of all othev persons, firms, or covVwArms having claims thereunder, and any other person, 6pa, or corporation having a claim horaunder shall have thn KqM, to be made a party to such procoading (but not InTovkv',� one year after the complete P21POrMnce of said QAVPw&;-- and final sattIrment th2roof M to have such Qv._ AIMIcatc-I it] [POw 0A j0qnwh 11101A ArIpaw" (h) Tn no nvent shall thn Turetv hi liable in- E !-,rm t '.,n thl PwAy of iMp Y ). 1, or SQ00 0) aw , n - lactic CV wCrending Thnr.Tl Ala, is inaTi Med 10A onc yaw VOP the conviale pnMormance of s&W kn' and O.al ry-Innank thireof, Q) 72 sAd Surety, for value received, Wyk and alwos that no change, Wonsion of Mmi, v0,QvWw or avAt-ion to the terms of the Contract op to TP to A p2rloxnd thereunder or the Spec ificaMr, ocrehowaxing M :112 SKI in any way affect its obligallaw rn WKS Cond, 7A it dow hireby uaivn notice of anv such extenAnn of time, alteration or addition to Mo Wv, of the Contract or to the uo& ny to thn Speriflcnolvw, FB -71 IN WITHSS Hill-REOF, the partics hereto have caused "Clill-. Bond to b5c,x1ecuted in this 14th day of TSV , z Kenneth D. Witt United;States Fidelity & (I a Count,— i Caldwell, Idaho A",_.--L"c,,rncy- in- Fact (Resident Agent), who execut-os -Li-!,is Bond -,,n behalf of the Surety Company, must attach a c:,. ­ of his po,Vjer-of -attorney as evidence of his aUthori`k'-�,. PB../i PERFORMANCE AND PAYMENT BOND KNOW ALL MEN BY THESE PRESENTS, that we PETE COPE DRILLING Contractor COMPANY e zap ?^,i.e�,� as Principal, and Af,,I; ..y F;,D- F- a corporation duly authorized to do a general surety business in Idaho, as Surety-,-ate-jointly and severally held and bound unto CITY OF MERIDIAN, IDAHO hereinafter called the Obligee, in the sum of TWENTY ONE THOUSAND No/100 E,[GHT HUNDRED NINETY SEVEN & Dollars ($ 21,897.00 ) for the payment of which we jointly and severally bind ourselves, our heirs, executors, administrators, successors and assigns, firmly by these presents: THE CONDITION OF THIS BOND IS SUCH THAT WHEREAS, the Principal herein entered into a Contract with Obligee dated December 11, , 19 72 , which Contract includes and consists of Advertii-ment for BicTs, Information for Bidders, Proposal, Contract, General Conditions, and Special Specifications, all of which are hereinafter referred to as Contract Documents and are attached hereto and made a part hereof and pursuant to the terms and conditions of all of which Principal has undertaken to perform all labor and to furnish all material, tools and equipment of every kind and nature necessary or required in accordance with the terms and conditions set forth in said Contract Documents, and has undertaken to make payment promptly for all such labor (including all sums required to be paid by the laws of the State of Idaho for the benefit and welfare of all workers, including workmen's compensation and unemploy- ment security), all taxes of every kind and nature, and for all materials and services furnished or rendered pursuant to such Contract; and, PB -1 WHEREAS, said Principal has agreed to save the Obligee harm- less from any claim for damages or injury to property or persons arising by reason of said work, as set out more fully in said Contract Documents, and to do and perform all things in said Contract Documents required in the time and manner and under the terms and conditions therein set forth, and in conformity with all laws, State or otherwise, applicable thereto. NOW, THEREFORE, if the Principal shall promptly make payment to all persons supplying labor and material to Principal or to any subcontractor in the prosecution of the work provided for, and 1 wel-1- and truly perform -and -fulfill all the undertakings, covenants, terms, conditions, and agreements of said Contract during the original term of said Contract and any extensions thereof that may be granted by the Obligee, with or without notice to the Surety, and shall also well and truly perform and fulfill all the under- takings, covenants, terms, conditions and agreements of any and all duly authorized modifications of said Contract that may hereafter be made to Principal and/or to subcontractors, or their assigns, and shall, commencing with the date hereof and continuing for one year after the complete performance of the Contract and the final settlement thereof, save harmless the Obligee, its officers and agents, from all claims therefor, or from any claim for damages or injury to property or persons arising by reason of said work; and shall, in the time and manner and under the terms and conditions prescribed, well and faithfully do, perform, and furnish all labor, materials and things as by it in said Contract undertaken and as by law, State and national, prescribed, then this obligation shall be void, but other- wise it shall remain in full force and effect. PROVIDED, HOWEVER, that this Bond is subject to the following further conditions: (a) All material suppliers, and all persons who shall supply such laborers, mechanics, or subcontractors with material, supplies, or provisions for carrying on such work, shall have a direct right of action against the Principal and Surety on this Bond, second only to the right of the Obligee under this Bond, which right of action shall be asserted in proceedings instituted in the appropriate court of the State of Idaho and insofar as permitted by the law of Idaho, PB -2 such right or action shall be asserted in a proceeding instituted in the name of the Obligee to the use and benefit of the person, firm, or corporation instituting such action and of all other persons, firms, or corporation instituting such action and of all other persons, firms, or corporations having claims thereunder, and any other person, firm, or corporation having a claim hereunder shall have the right to be made a party to such proceeding (but not later than one year after the complete performance of said Contract and final settlement thereof) and to have such claim adjudicated in such action and judgment rendered thereon. (b) In no- event ssha+-T--the--Surety be -liable -for a greater sum than the penalty of this Bond, or subject to any suit, action or proceeding thereon that is instituted later than one year after the complete performance of said Contract and final settlement thereof. (c) The said Surety, for value received, hereby stipulates and agrees that no change, extension of time, alteration or addition to the terms of the Contract or to the work to be performed thereunder or the Specifications accompanying the same shall in any way affect its obligations on this Bond, and it does hereby waive notice of any such change, extension of time, alteration or addition to the terms of the Contract or to the work or to the Specifications. PB -3 IN WITNESS WHEREOF, the parties hereto have caused this Bond to be executed in Boise, this 11th day of December , 1972 PE P DRILLING (SEAL) (SEAL) Pete Cope, O r (SEAL) (SEAL) Principal Witnesses: M rray e, Idaho rley P erson, oise, Idaho CO AMERICAN FIDELITY FIRE INSURANCE By: i iam E. Harriman, - - Attorney in Fact (SEAL) urety - C n e y Resident Agent The Attorney -in -Fact (Resident Agent), who executes this Bond in behalf of the Surety Company, must attach a copy of his power-of-attorney as evidence of his authority. PB -4 AMERICAN FIDELITY FIRE INSURANCE COMPANY Westbury, New York Power of Attorney KNOW ALL MEN BY THESE PRESENTS: That AMERICAN FIDELITY FIRE INSURANCE COMPANY, a corpora- tion of the State of New York does hereby make, constitute and appoint J. C. Beeson, and/or William E. Harriman, and/or Robert E. McGibbon, all of Seattle, Washington its true and lawful Attorneys -in -Fact, with full power and authority, for and on behalf of the Company as surety, to execute and deliver and affix the seal of the Company thereto, if a seal is required, bonds, undertakings, recognizances or other written obligations in the nature thereof, as follows: Any and all bonds and undertakings in an amount not exceeding $50,000.00 in any single instance, for or on behalf of this Company, in its business and in accordance with its charter, and to bind AMERICAN FIDELITY FIRE INSURANCE COMPANY -thereby; and all -of the acts of -said Attorneys-in-Faet,ursuant-to theme-p-resents,ire hereby ratified and confirmed. This appointment is made under and by authority of the following Resolution adopted by the Executive Committee of the Board of Directors of the Company at a meeting duly called and held on this 21st day of December 1971. "RESOLVED, that J. C. Beeson, and/or William E. Harriman, and/or Robert E. McGibbon, all of Seattle, Washington be and are hereby appointed the true and lawful Attorneys -in -Fact of this Corporation, with full power and authority for and on behalf of this Corporation as surety to execute and deliver, and affix the facsimile seal of the Corporation to bonds and undertakings in amounts not exceeding $50,000.00 in any one instance, each of which instruments shall be as valid and binding on this Corporation as if it had been signed by an officer and as if the original corporate seal had been thereto manually affixed." WITNESS WHEREOF, AMERICAN FIDELITY FIRE INSURANCE COMPANY has caused these presents to be signed by its proper officer and its corporate seal to be hereunto affixed this 30th day of December, 1971. AMERICAN FIDELITY FIRE INSURANCE COMPANY 1�IPF c 9s NEW YONM Luther H. Williams. President State of New York ) County of Nassau SS: On this 30th day of December, 1971 before me personally came Luther H. Williams to me known, who, being by me duly sworn, did depose and say: that he is President of American Fidelity Fire Insurance Company, the Corporation described in and which executed the above instrument; that he knows the seal of said Corporation; that the seal affixed to the said instrument is such corporate seal; that is was so affixed pursuant to authority given by the Executive Committee of the Board of Directors of said corporation and that he signed his name thereto pursuant to like authority, and acknowledges same to be the act and deed of said corporation. YPOE`N M FOSf(� W NO TINY Notary Public 11'rF OF Nt*� ELIZABETH M. ROSELLE NOTARY PUBLIC, State of New York No. 30-864311.5 State aLNe-w.) SS ="� = ua r re in assau ounty Countv of Nassau 1 Commission Expires March 30, 1972 U AmrKIGAN STATES INSURANCE COMPANY AMERICAN ECONOMY INSURANCE COMPANY Indianapolis, Indiana Indianapolis, Indiana M�� >z� -►Q_AMERICAN STATES INSURANCE COMPANY OF TEXAS Dallas, Texas a� %!�tl�e�ItCe This is to certify that the following policies issued by the company indicated above are in full force and effect as of the date of this certificate. Nothing in this certificate, attached thereto or made a part thereof, shall be construed to broaden or amend coverage under such policies beyond the limits, terms, conditions and exclusions contained therein. Insured.......... G.... V ,_.. (.PETE )_- COPE ... DBA:.... COPEDR.I LL.I.NG CU" ?.ANY Address of Insured...... E...O_BOX 5611_ h ER I D I AN1 IDAHO ------------------------------------------------------------------------------------------------- ----------------------------------------------- ------••------------- States in which Workmen's Compensation is provided ..................................................................................................... --------- Description of Work ................................. G. HAZARDS POLICY NUMBER EXPIRATION DATE BODILY INJURY LIMITS Each Person Each Occurrence PROPERTY DAMAGE LIMITS Each Occurrence Aggregate E Premises — N Operations WP 25425 11/22/76 100 000. 300,000. 100,000. 100,000. E Owners or R Contractors Protective WP 25425 11/22/76 100 000. 1 300,000. 100,000. 1001P000. A L Completed Operations 100,000 —1 300 000. AGGREGATE: 300 OOO . Products WP 25425 11/22/76 100, 000. 100,000. L Blanket Contractual I Liability WE 2 425 11/22/76 100 000. 300 000. 100 000. 100, 000. A Contractual Liability B as Described Below* I %CU Hazards - Explosion, L 1 Collapse & Underground T Y COVERAGE IS PROVIDED UNDER: ❑ COMPREHENSIVE GENERAL LIABILITY POLICY ❑ SCHEDULE LIABILITY POLICY A Owned V Automobiles T Hired G Automobiles M Non -Owned Automobiles B L E COVERAGE IS PROVIDED UNDER: ❑ CpMPRH $IVE AUTQMOBILE LIABILITY ,PQj.ILY ❑ SCHEDULE AUTO,LIABILITY POLICY Workmen's W Compensation Statutory Employers Lia. Limit $-•-•---•- ------------------------------------ C Occupational❑ Included [3 Excluded Under Above W C Policy $lo LimOit Limit unless they Diseases This certificate is issued to -------- CIIY--- OF__MERI_Q_LAl-1------------------------------- ---------------------------------------------------------------------- ----------------------------------------------------------------------------------------------------------------------------------- --------------------------------------------------------------------------- whose address is _____MER I D_I AN, ---I DAHO---------------- ------ In the event of any material change in or cancellation of said policies, the Company agrees to notify the party to whom this certificate is issued (10) days before such change or cancellation but assumes no responsibility for. failure to do so. *Description of Specific Contract(s) for which Certificate is issued: Typeof Contract or Agreement...........................................................................................................................•------• ........................... ---...----------............-----••----------..._ Partyor Parties..................•--------...................................._...........--•------....----........------....---.........................--•• ---•--...----..........---.....--•---••-•--•-••-•----•-••---------•---------------••----.----- Dateof Contract ................... _....... .............................. _......................................................................... .........-----...... ...... � r &'I'_'i � Date BY— ----------- 9-431 (3-69) Au ori zed Representativ$ or Official uuii and complete copy of wh, `,s attached i hc,-ic',( :-A;j WI- RE,A in the opinion j-' LIJ he Owner, I e PC' ' Company h,zs is' (�-ed to carry ouhis contractu.ai cI-),I,-:-I-,LL:,-:&,,IS said a-0reei11,l,11L aiid addendum, rights in the event of breach "reference is mL,c,,, t,o 2S, pages G6 and G7", and u ii.E, U:I-'I U,L'. i C0 a j J -D, been given to Pete Cope Drilling Company arid its Llju---cLy, L copy o'whici-iis a-L-tached hereto) LI'Lld E, nuither Pete Gcp. Drilling L- 1- t(-4 has taken any ac -ion relating to said noticu, ; ' Owner elects to terminate sa--Ld lid with PuLe Cope Drilling Company pursuant to LIMU have J'Aade contract performed (-;�:A,I-C-Lred ilXLU Lu-��j d"Ay Dy and be-Lwou)-! -Ji(2 G-I-ITY, OF TVIEKJJUI�/ "al ied C-u)d TKE-NNLETIH SONS) ,)(2c.;o-id c(jLitractor shall 'I -Linish said wurk. c u Contractor,, W 1 T N E S S E T 11: - 6 c-, id uja ��uq), Driiiing, Company waj enL(.,-�.—d i ,L into on I,T-��,C-7,-1 uuii and complete copy of wh, `,s attached i hc,-ic',( :-A;j WI- RE,A in the opinion j-' LIJ he Owner, I e PC' ' Company h,zs is' (�-ed to carry ouhis contractu.ai cI-),I,-:-I-,LL:,-:&,,IS said a-0reei11,l,11L aiid addendum, rights in the event of breach "reference is mL,c,,, t,o 2S, pages G6 and G7", and u ii.E, U:I-'I U,L'. i C0 a j J -D, been given to Pete Cope Drilling Company arid its Llju---cLy, L copy o'whici-iis a-L-tached hereto) LI'Lld E, nuither Pete Gcp. Drilling L- 1- t(-4 has taken any ac -ion relating to said noticu, ; ' Owner elects to terminate sa--Ld lid with PuLe Cope Drilling Company pursuant to LIMU have said contract performed some other way. ,)(2c.;o-id c(jLitractor shall 'I -Linish said wurk. c u 'L'-.0 pay Se i,' c ui I'L J_ z I u i. the work chao' _,­ __'de -f, a,9Id A should LaL;L,C' I e g a'_: �Iuy woi - isz materials Eu -,j,, or o-i_hcr 'L:u named in said action, the 0-1v).1e,_- agrees oil' -:cac Fuy­Lh2r, Second Contra agrees to and bond in a sL;_inda__o Eorm issued Dy LA lilt" I ".1j, autho.,_-iLed to do business in Idaho, in th(_' sual J, 0 b s. T-0,0- parties further agree that Work U. -tan -c-, 1100 J_ n e -L'-' f (2 L2 L­ hen--c'u) uu'L.C) Lui_ their hands and seals, the day and yearin this L&rcement first Libove v2ritten. 1D Ij., 7 4 CITY MER By: Mayac OWNER 11.ENNE'Tlf WIT i' 611: 1'y SECOND CONTRACT01": 6'a 319' day of May, 1913, Mow a Nutary lublic in and Ew n6id State, perUCUNTAO Uppeared j -)u14 14. JTUAAI, MayUr Of L&QUy A haridinu, junvu yj 5, and ackwaludged to me that ho executed Qu wo! Am s, n! (w 1 Q - of said My. 114 I.JTTNESS WHEREOF, I havo hereunto=L hy hav& wad n0j��aj is official seal, the day and year in this cerMican fnLa QwyoII; ;written. MAY Minn Vn Residence: EurnaL luahj. I -VI j-" OF 'J-JNlij County of Ada Ij On this 111,,day of may, 1973, befure no, Lbu uu&rbigncE, a Notary Puoiic in and Az oaLj StaLU, pUVbov .h; C�p,L!Cc: kwon to me to Le LL� p��nnn wov- yo. ,ter is subScribod to the foregoing instrument, LLh LhaL he executed the same for and an behalf K Launako WiLL UPA� IN WITNESS WHEREOF 1 have hereunto set, my K& cud affjhn� cooks Lhu day an.0 ywar in this wc�Q!Z�� 'OP I 110001.4/- 11/ A May 2, 197", Change 0^7 0, CITY OF MER101AM, IDAHO CONTRACT LOCUPENT5 for thi drilling of a MUNICIPAL UATFA SUPPLY WELL TLe QAQVaV Documents PeT(:pyal to above ann 5001, iq Jvhnl as follows: 1. P!75papt to ap ' plicEhln F07110ns of clynd 15tn, completion & Enhjnct up!! uIll 4, Wnlya V1 by Kenneth Witt & Sons ol caldwell, jdahu, refereed to as the "Contrnr?nr" 2. The Contractor shall he rn7mb"rsed by the Owwor, iia ed on monthly progress statcmenk, which shall be vrpr-vul 01, the Engineer, in accovdance with the fol lowingp�ic�n Ox�- bid items in the bid schndmle of the refcrenc.d G"O Docs ments: item No. Unit Cost 1. Involcn cost of cancrote Cup 110 0, VCH--y loin of tupnov OwVz, 1''nLolu'-. 2. Nineteen dollars and eighty COP&Q19.80) per foot. Thip0on dillnrs ard ($110h) !or Men] V00, 0 j�V 0 Dryly Contrachon's stock. includirg : nVaticz 3a. Invoice cost plus 10% plus tn,vo 007ars Q,on) pnr linnal foot Top 0. Put appl1cabIn. i; Fiftean eallars G. Eight 01"ars and 7arov cook Q� 100 Cc n, it riql0l -41 V U`om NO. Unit Cost 6a Invoice C 0, plus 10% 131W,7 -1, 0Y1 o r !I C On -7 Onp- hund,,­ed fifty dollars 'f.� jv) L n U. dollars and -17-1 -!Ftv 9. Six dollirF; and eighty cants per 'I 119 ` 1� ; ";� 93. Invoice `cst p1 LIS 10% 1) U 0 per foot for i w� C I OAOUPCI—Isud by 10. -ed fifty dollars Four hundi Twenty­`ivp dollars ($25.00) p,� 12. c1c) i-lars ($20.00) p,,1- z!) l.;l 3, Tw,n-'01 (W! 'ars ($20.00) r (See 15. Sixty-seven dollars and eighty cents ($67.80) per set. (1011ars a ­,d 3. The Contractor shall receive a lump sum paymern-� ' - ' o�', Oi-io Thousand Five Hundred Dollars ($1500.00) for mobi i -J On I i za 4. Tf:,:� Contractor s hal I have -'Ch n right to LIS 0 1,7e`1 ; (7 AI -i C, I 1 1 a f I VJ {'1 I 0 1 o I i. it is asn '.iiiad by all p,'3.r tlos concerned 1'1','ih W.`, Vi "P l: al" 11 to a dooth no w 0 103 AW K SA, AN, i o v all Q OHM hv SAMSO O a (, 1 , CIP)MMiTy A, C.J:uar assumas NY i mponsibll ity for p"'"rull: ii is 1 of OUNFR ° EN f"I "_M A '.'1' l"Kii'.;a u t and i CCOP t" nco May 15, 19 74 City of Meridian 728 Meridian Street Meridian, ID 83642 Re: Application for Permit No. 63-7978 Gentlemen: Enclosed is your Receipt. No. 14439 in the amount of $ 35.00 for Application for Permit No. 63-7978 which was received in this office on May 10,` 1974 Sincerely, 4 DEANNA E. FELDT Secretary DEF:d Enclosure o�Q�TMEMr STATE OF IDAHO .� DEPARTMENT OF WATER ADMINISTRATION 4 WESTERN DISTRICT OFFICE u 'bMIN1 Cecil D. Andrus 614 State Street Water Rights Administration Governor Statehouse — Annex 2 Water Resource Investigations R. Keith Higginson Idaho 83707 Dam and Reservoir Safety Water Well Drilling Director (208) 384-2190 (208) Waste Disposal Wells Stream Channel Protection Geothermal Resources May 15, 19 74 City of Meridian 728 Meridian Street Meridian, ID 83642 Re: Application for Permit No. 63-7978 Gentlemen: Enclosed is your Receipt. No. 14439 in the amount of $ 35.00 for Application for Permit No. 63-7978 which was received in this office on May 10,` 1974 Sincerely, 4 DEANNA E. FELDT Secretary DEF:d Enclosure w FP FP C4 CD 7-2) �l [ STATE OF IDAHO DEPARTMENT OF WATER ADMINISTRATION Cecil D. Andrus Governor R. Keith Higginson Director June 13,1974 Re: Permit No. 63-7978 City of Meridian 728 Meridian Street Meridian, Idaho 83642 Gentlemen: Statehouse - Annex 2 Boise, Idaho 83707 (208) 384-2215 O�Q�,RTMFNrO '��MIMtS� Water Rights Administration Water Resource Investigations Dam and Reservoir Safety Water Well Drilling Waste Disposal Wells Stream Channel Protection Enclosed is a copy of your approved Application for Permit No. 63-7978 . We direct your attention to the conditions of approval as listed on the fourth page. Be sure to note that a special condition requiring you to install and maintain a measuring device at your point of diversion has been placed upon your permit. We are enclosing a letter describing different types of measuring devices accepted by this office. Sincerely, BOBBY D. FLFENOR Assistant Director BDF/bjg Enclosures STATE OF IDAHO DEPARTMENT OF WATER ADMINISTRATION Statehouse — Annex 2 Boise, Idaho 83707 (208) 384-2215 Dear Wateruser: PpTMFhp 4pMlNtst R. Keith Higginson Director Water Rights Administration Water Resource Investigations Dam and Reservoir Safety Water Well Drilling Flood Plain Management Irrigation and Flood Control Districts The Department of Water Administration approves the use of any standard device for which information is readily available. The type selected will depend upon the parti- cular conditions at your diversion point. Any of the following standard types may be used: Weirs a. rectangular b. cipolletti c. v -notch Orifices Flumes a. parshall flume b. trapezoidal flume Commercial Types a. displacement or propeller meter b. cox flow meter or collins flow meter c. venturi meter d. deflection meter e. meter gates Regardless of the type used, the device must be properly installed to insure standard conditions. Other types may be approved upon written application to the Department stating the description of the device and how you intend to use it. If the device that you install is not a standard type, you should obtain an extra copy of the rating table for this office. Very truly yours, BOBBY D, FLEENOR Assistant Director ❑ FIREMAN'S FUND INSURANCE COMPANY ❑ THE AMERICAN INSURANCE COMPANY ❑ NATIONAL SURETY CORPORATION FIREMAN'S FUND ❑ ASSOCIATED INDEMNITY CORPORATION ❑ AMERICAN AUTOMOBILE INSURANCE COMPANY GENERAL FORM STATUS INQUIRY CITY ENGINEER Dec. 2, ---=--------- ---- - -- -- OWNER, OBLIGEE OR ORIGINATING CO. City of Meridian Our Band No.SCR -6254714 ADDRESS . Meridian. Idaho Reinsured's No. Contractor: Ben R. Drake Const. Co. Address:_ -___Ca -1l -dweller Idaho Description of Contract:domestic well #7, _pump and pump houpe construction (INCLUDE LOCATION AND OWNER'S CONTRACT NUMBER) Owner. F 19 74 Contract Price $---------Bond (s) $_22,227.30-----_--- _Effective Date ---12/28/7 3 Without prejudicing your right or affecting our liability under our bond(s) described above, we would appreciate such of the following information as is now available. e y truly yours, All Inquiries to U.S. Government Agencies must be in dupli- cote with return, stamped, addressed envelope enclosed. Irene Sloan I. IF CONTRACT COMPLETED, PLEASE STATE: Fidelity & Surety Approximate date of completion of work (or final delivery)_ - Approximate acceptance datel0-1. 7- Final Contract Price 2. IF CONTRACT UNCOMPLETED, PLEASE STATE: Approximate percentage or dollar amount of contract completed or delivered- 3. Do you know of any unpaid bills for labor or material (Check) No a _Yes (�f yes, please explain in 4. below) 4. Remarks: (if any)_ - ---- --------- -- ---- Date 12-4-7419 Signature Please Return Original of This Inquiry To Title_ z City Cl k Address: 649 East South Temple Salt Lake City, Utah 84102 Attention: Bond Delpt. r# t: 360098-7-72 t �'T ry PIONEER TITLE Date: February 18, 1977 J COMPANY Deliver to Ambrose, Fitzgerald & Cr> >kst-)n of ADA COUNTY 1 110 W. JEFFERSON ST Attorneys and Ciunsel-)rs BOISE, IDAHO 9229 E. lst . Phone: 344-6515 Meridian, Id. 83742 Attn! John C. Fitzgerald re: Bedelc -)/Meridian Comments: 2/ by: REPRESENTING PIONEER R °I[°I'][°][,E COMPANY OF ADA COUNTY NIONEER NATIONAL TITLE INSURANCE 1110 WEST JEFFERSON ST., BOISE, IDAHO 83702 F Ambrose,- Fitzgerald 8 Crookston Attorneys and Counselors 929 E. lst Meridian, Id. 83642 LAttn: John 0. Fitzgerald ❑ PURCHASER'S FX] OWNER'S ❑ MORTGAGEE'S ❑ PROPERTY DESCRIPTON: DATE 12-18-77 Attached J SELLER Bedelco, Inc., an Idhao torpor PURCHASER r44 -%F n$ M mv%4 A 4 m" a ■ast" 4 n 4 n= DESCRIPTION CHARGES Owners Policy 1,500.00 50.00 Record - WD 1.00 tion DATE ORDERED 2 � 2� 7 7 P 35411 CUSTOMER NO. Pp$delco-Meridian AMOUNT OFPOL 1,500.00 o/p REPORT TO CREDITS WHEN REMITTING BY CHECK KINDLY REFER TO OUR ORDER NUMBER BALANCE 51.00 L TITLE the ( insure nsure S' f -MTT 10VORTAINED IN WL-AVONS HEREOF, HfomiacorporatW,' IteA, against loss or atr»Ei costs, attorneys' feeTgand sustained or incurFed 1 ritltie•- ith"Ise than as stated �A -Title Insurance Conip"Y - m cr 04 President & 1000 % P10 by �A -Title Insurance Conip"Y - m cr 04 President TO 1577.1 PNTI (10-74) American Land Title Association -Owners Polidv or Standard Coverage Policy Schedule A No. Date of Policy: O O -E 14299 February 17, 1977 as of 3:42 P.M. Amount of Insurance: Agent's Reference No.: $ 1,500-00 P-35411 Prem i um: $ 50.00 1 . Name of Insured: the City of Meridian, a municipal corporation 2. Title to the estate or interest covered by this policy at the date hereof is vested in: _ the City of Meridian, a, municipal corporation 3. The estate or interest in the land described or referred to in this Schedule covered by this policy is Fee Simple. 4. The land referred to in this policy is located in the County of Ada State of Idaho and described as follows: Lot 18 of Block 2 of Meridian Manor No. 2 Subdivision, according to the official plat thereof, filed in Book 39 of Plats at Page 3276, records of Ada County, Idaho The premium specified in Schedule A is the entire charge for the Title Search, Title Examination and Title Insurance. TOI586 PNTI (6-74) Owners Policy or Standard Coverage Policy POLICY NO. o -E 014299 This policy does not insure against loss or damage by reason of the following: STANDARD EXCEPTIONS (a) Rights or claims of parties in possession not shown by the public records. (b) Easements, or claims of easements, not shown by the public records. (c) Encroachments, overlaps, boundary line disputes, or other matters which would be disclosed by an accurate survey or inspection of the premises. (d) Any lien, or right to a lien, for services, labor, or material heretofore or hereafter furnished, imposed by law and not shown by the public records. (e) Unpatented mining claims; reservations or exceptions in patents or in acts authorizing the issuance thereof; water rights, claims or title to water. (f) Taxes or assessments which are not shown as existing liens by the public records. SPECIAL EXCEPTIONS 1. General taxes for the year 1977, which are liens, are not yet due and payable. 2. Special Assessments of the City of Meridian, if any, for which we make no search. 3. Liens and assessments of the Meridian Library District, and the rights and powers of said district as by law provided; said assessments are collected with the general taxes. 4. Liens and assessments of the Meridian Cemetery Maintenance District, and the rights and powers of said district as by law provided; said assessments are collected with the general taxes. 5. Liens and assessments of the Nampa -Meridian Irrigation District, and the rights, powers and easements of said district as by law provided. No delinquencies appear in the County Recorder's office. o'. Power Line Easement granted by J. R. Cornell and Margery E. Cornell, his wife, to Idaho Power Company, a corporation, by Instrument recorded March 12, 1955 as Instrument No. 373588, records of Ada County, Idaho. 7. Building Restrictions impressed upon said premises by Instru- ment recorded September 24, 1976 as Instrument No. 7628142, records of Ada County, Idaho. Continued '70 1405J PNT1 (10-70) SCHEDULE$ — (Continued) No. 0 E o 14 299 8. Easements and Restrictions as delineated on the plat of said Meridian Manor No. 2 Subdivision and Reservations as follows: 11Theeasements shown on this plat, except for those adjacent to streets, are not dedicated to the public, but the right to use said easements is hereby perpetually reserved for utility purposes and any other use as may be designated hereon, and no structures other than for these purposes are to be erected within the limits of the said easements. 9. The effect of that certain Instrument recorded June 2, 1970 as Instrument No. 762o984, wherein the Central District Health Department states, itNoDwelling may be constructed or occupied until our signature appears on the backs of these plats and our letters of approval are on file in your office. m............. N s CHERRY MANOR SUBDIVISION -- N. W. N.0°24'50'W 204.9 6TH STREET �� s_o°z. 50 E f_ 8500 s 8991- , '�'F CO'^°r 177.07' T Po/N S. 89' 35' 10" W. 100.04 g _ g ;(3: REAL T OF BEG/NN/N6 rslJ o "e ia' "n Si&—c°° UNPLATTED N. 0° 24'50" W 8 0 N. 89.48'35"E. 100.00' `1 B5 °- 89 52 N. 0° 24' S0" W. 750.39' - 85.001 — E�' — — � -- - - - - — -- -- ------ --- —057".- r -- /�4 8900 f° 05 16 J° 57 91 110 r2>000• Ir Op 7000' ? o o^ "J. n Iw N N N 8 BNL(? N 8 N 8 N$ N'3 N Z . 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W R I V° \ o - E m rte' m Wi %/I DECLARATION OF PROTECTIV,_ RI.STRICTIONS AND COVENANTS MERID1AN MANOR NO. 2 SUBDIVISION Dated: Recorded: Instrument No. 250 KNO14 ALL MEN BY THESE PRESENTS, That the undersigned does hereby certify and declare: I That BEDELCO, INC., an Idaho corporation, is the owner in fee simple of the following described real property, located in Ada County, Idaho, All of. the lots in MERIDIA14 MANOR NO. 2 SUBDIVISION, according to the official plat thereof, on file in the office of the County Recorder of Ada County, State of Idaho, as shown by Book of Plats and Pages and , records of Ada County, Idaho. II That all of the real property and all lots, parcels or tracts thereof, and any conveyance describing all or any part thereof, either by reference to the official plat of said subdivision or by a number of designation therein, or other- wise, shall be subject to the restrictions, covenants, reservations, and condi- tions therein expressed and set forth, and that by the acceptance of such convey- ance, assignment, or transfer of interest the grantee or grantees and their heirs executors, administrators, successors, and assigns, and each of them, agree with each other -as to the property so described or conveyed in or by such conveyance, as follows: (a) BUILDING RESTRICTIONS: All lots in said subdivision shall be known and described as residential lots and restricted to single family dwellings, except Lots 9 and 10 in Block 2, which shall be either single family or duplex lots, and no structure shall be erected upon any residential building sites other than residen- tial dwellings, which shall not exceed two stories in height. (b) TYPE OF BUILDINGS: All buildings shall be of frame, stone, brick, con- crete, or block construction and, if other than brick or stone, shall be finished and painted and kept in good repair, and said property shall be used in such man- ner as to be inoffensive to any other property owners thereof. (c) MINIiiUt•1 BUILDING SIZE: All residential buildings erected upon said property shall have a floor area required by a majority of the committee estab- lished in accordance with the provisions of Section III, hereof, provided however, that in no. event shall the required area be less than 1,000 square feet of ground floof area exclusive of garages, carports, patios, breezeways, storage rooms, porches, and similar structures and which shall cost not less. than $20,000.00 excluding lot cost, based upon the prevailing building average costs as of the date hereof of a one-story house or 840 square feet -of first floor area in the case of two story or split level house. -1- 28 3 2o:1. (d) BUILDING LOCATION: Unless otherwise Spec i.ficall.y approved in writing by'a majority of the Architectural Control Committee, horei.nafter provided for, no dwelling house, garage nor any part thereof nor any other structures (excl.0 sive of fences and similar structures) shall be placed nearer than twenty (2.0) feet to the front nor nearer than fifteen (15) feet to the rear of the building site on which it is locr.ted. No buildi.ng foundation or wall shall be erected with less than a five (5) foot side yard on either side of the house, and upon corner lots all. buildings shall be at least twenty (20) feet from the side street line; but this provision shall riot apply to garages or other buildings located on the rear quarter of any lct except corner Jots. For the purpose of -this covenant, eaves, steps, chimneys, gutters, and open porches shall not be considered as a part of the building, PROVIDED HOWEVER, that this shall not be construed to permit any portion of a. building or any site to encroach upon any other site. Where it is architecturally possible, it is recommended that all garages be incorporated in and made a part of the dwelling house. No lot in MERIDIAN MANOR NO. 2 SUBDIVISION shall front on, or have access to, Mitchell Street. (e) BUILDING SITE: A building site shall consist of a minimum of (l) -one of the residence tracts as platted in said plat, and as described in a deed or con- veyance; or (2) a parcel. composed of portions of one or more such residence tracts, the depth and frontage of said parcel shall equal or exceed the depth and frontage of platted residence tracts as platted in the same block, with the minimum dimen- sions and area being in conformance with the requirements of subdivision and zoning ordinances effective at that date. (f) MOVING OF BUILDINGS - CONSTRUCTION OF OUTBUILDINGS: No building or structure shall be moved onto said real property from any land outside of said plat except a new prefabricated structure of a type and design approved by the Arcilitectu"ral Control Committee. No trailer houses shall be parked in any street or within building setback lines. No trailer, basement, tent, shack, garage, barn or other outbuilding erected on a tract shall be at any time used as a residence, temporarily or permanently, nor shall any residence of a tem- porary character be permitted. No building of any kind shall be erected or maintained on a building site prior to the erection of the dwelling house thereon, except that a garage or other small building of permanent construction may be erected for the purpose of storing tools and other articles prior to the erec- tion of a permanent dwelling. (g) PROSECUTION OF CONSTRUCTION WORK: The construction of the dwelling and associated structures shall be prosecuted diligently and continuously from time of commencement thereof until such dwelling and associated structures are fully completed and painted. All structures shall be completed as to external appearance, including finished painting, within eight months from the date of commencement of construction,.unless prevented by causes beyond the control of the owner or builder and only for such time as that cause continues. (h) OIL AND MINING OPERATIONS: No oil drilling, oil development opera- tipr�s,'oil refining, quarrying or mining operation of any kind shall be permit- ted upon or in any lot, nor shall oil wells, tanks, tunnels, mineral excava- tions or shafts be permitted upon or in any lot. No derrick or other structure designed for use in boring for oil or natural gas shall be erected, maintained or permitted upon any lot. &Z mewl (i) EXCAVATION, DEFACING OR LANDSCAPE, DITCHES: No excavation for stone, sand, gravel, earth or minerals shall be made upon a building site unless such excavation is necessary in connection with the erection of an improved structure thereon. No irrigation drain or waste water shall be permitted to flow in open ditches to or on any lot in said subdivision and may be transmitted only as follows: (1) Ditches, if any, are to be carried at sufficient depth underground so as not to interfere with the use of such ground. (2) Ditches, if any, are to be carried in sealed underground conduit. (3) Ditches, if any, are to be located only within easement or street right- of-way lines as shown on the plat of said subdivision. --- (4) The cost of constructing such ditches, if any, shall be paid by the parties installing same. The owners of said subdivision are under no obligation to deliver water or furnish rights-of-way to any of the lots in this subdivision. (j) IRRIGATION: The Grantor and Grantee understand and agree that the Gran- tor shall not be obligated to deliver irrigation water to any lot in MERIDIAN T!ANOR NO. 2 SUBDIVISION; and further understand and agree: (1) that water deliveries will not be provided; and (2) that the purchaser of the lot must remain subject to all assessments Levied by the irrigation entity; and (3) that the individual purchaser shall be responsible to pay such legal assessments; and (4) that the assessments are a lien on the land within the irrigation entity; and (5) that a disclosure statement containing the representations set forth in this section will be provided to the Grantee. (k) REFUSE DISPOSAL - MATERIAL STORAGE: No machinery, appliance, or struc- ture or unsightly material may be stored upon any piece, parcel or portion of said subdivision. No tras.ii, garbage, ashes, or other refuse may be thrown, dumped or otherwise disposed of upon the real property. No building materials shall be placed upon the building site until the Grantee or builder is ready and able; to commence construction,•and then such materials shall be placed within the property line of the building site upon which the structure is to be erected. The undr­r-- signt!d shall have the right to enter upon any vacant building site for the pur- pose A burning or removing weeds, brush, growth or refuse. (1) FENCES - HEDGES: No fence, hedge or boundary wall situated anywhere upon any building site shall have a height greater -than that allowed by the local controlling ordinance, but in no event shall. it be geater than six (6) feet in height above the finished graded surface of the ground upon which such fence, hedge, or wall is situated. No fence, wall, hedge, or shrub planting -3- %-8 3 which obstructs.sight lines at elevation between four (4) and eight (8) feet above the roadways shall be placed or permitted to remain on any corner lot within the triangular area formed by the street property lines and a line connecting them at points twenty (20) feet from the intersection of the street property lines extended. The same sight -line limitations shall apply on any lot within ten (10) feet from the intersection of a street property line within the edge of a driveway or alley pavement. No tree shall be permitted to remain within such distances of such intersections unless the foliage line is main- tained at sufficient height to prevent obstruction of such sight -lines. (m) NOXIOUS USE OF PROPERTY - SPITE FENCES: No portion of the real pro- perty nor of a building site nor any structure thereon shall be used for the con duct of any trade, business or professional activities. Noxious or undesirable acts, or undesirable use of any portion of the real property is prohibited and shall not be permitted or maintained. The determination 'of the undersigned owner that any activity or use is undesirable or noxious shall be conclusive upon all parties. The construction or maintenance of a spite fence or spite tree shall be prohibited upon any building site. The determination by the undersigned owner that any wall, fence, hedge, or tree falls within the latter category. shall be conclusive upon all parties. (n) BILLBOARDS - SIGNS: No sign of any kind shall be displayed to the public view on any residential building site except one sign of not more than ,five (5) square feet advertising the property for sale or rent or signs used by. a builder to advertise the property, during the construction and sales period. (o) ANIMALS: No livestock, excepting dogs and cats shall be permitted at any time upon the real property of the subdivision. Dogs and cats are per- mitted only as pets, and no boarding or commercial. enterprises will be per- mitted where such small animals exceed in number those usually owned by lot or tract owners. III That no building shall be erected, placed, or altered on any lot until the construction plans and specifications and a plan showing the location of the structure have been approved by the Architectural Control Committee, herein- after designated, as to quality or workmanship and materials, harmony of external design with existing structures, and as to location with respect to topography and finish grade elevation. No fence or wall shall be erected, placed or altered on any lot nearer to any street than the minimum building setback line unless similarly approved, as provided in Paragraph IV hereof. As to all improvements, construction, and alterations upon building sites, the Architectural Control Committee shall have the right to refuse to approve any design,, plan, floor area or color for such improvements, construction or altera- tion which is not suitable or desirable in the opinion of a majority of said Com- mit,tee, for any reason, aesthet'ic'or otherwise, and in so passing upon such design the -Committee shall have the right to take under consideration the suitability of the proposed building or other structures, and the material of which it is to, be built and to the exterior color scheme, to the site upon which it is proposed to be erected, the harmony thereof with the surroundings and tl►e effect of .the . -4- ..8 .12 'r` r" AfP building or other structure or alterations therein as planned on the outlook of the adjacent or neighboring property, rind the effect or impairment that said structures will have on the view on surrounding building sites, and any and all factors which in the opinion of a majority of the Committee shall affect the desirability or suitability of such proposed structure, improvement or altera- tion. Actual construction shall comply with the plans and specifications as approved and shall not commence prior to the receipt of the written approval or expiration of the time period provided herein for the granting of such approval, by the Architectural Control Committee. IV The Architectural Control Committee is composed of W. Burton Smith, 9530 Halstead Drive; Edward L. Bews, 5206 Sorrento Circle; and Arthur C. Davis, 7203 San Fernando Drive, all of Boise, Idaho. A majority of the Committee may designate a representative to act for it. In the event of the death or resigna- tion of any member of the committee, the remaining members shall have full author- ity to designate a successor. Neither the members of the committee, nor its designated representative shall be entitled to any compensation for services per- formed pursuant to this covenant. At any time, the then record owners of a majority of the lots as shown on the plat of the subdivision shall have the power through a duly recorded written instrument to change the membership of or to with- draw from the committee or restore to it any of its powers and duties. No member of this committee duly appointed or elected shall incur liability by reason of any act or omission in exercising the duties herein established for such committee. V That the Architectural Control Committee's approval or disapproval as required in these covenants shall be in writing. In the event the committee, or its desig- nated representative, fails to approve or disapprove within 30 days after plans and specifications have been submitted to it, or in any event, if no suite to enjoin the construction has been commenced prior to the completion thereof, approval will not be required of such committee and the related covenants shall be deemed to have been fully complied with. VI (a) That the owner of said real property, hereinabove described, reserves unto itself, its successors and assigns, or for public dedication by the owner, its successors and assigns, a six (6) foot right-of-way across and along the street lines of all lots and a ten (10) foot right-of-way along the rear lot lines of each of said lots, for the purpose of constructing water mains, electric distri- bution lines, irrigation ditches, sewer lines, gas pipelines, and such other public utilities as shall be necessary, convenient and desirable for the Grantees and owners -of said lots and parcels }fence forth; this reservation being intended to provide an easement.twenty (20) feet wide centering on the rear lot line of eac,h';Iot. The easement area for each .lot and all improvements in it shall be main- tained,continuously by the owner of the lot except for those improvements for which a public authority or utility company is respdnsible. Within these ease- ments, no structure, planting or other material shall be placed or permitted to remain which may damage or interfere with the installation and maintenance of utilities or which may change the direction of flow of water through drainage channel in the easements. -5- (b) An easement is hereby granted to the Idaho Power Company,,a corporation, its licensees, successors and assigns, a permanent and perpetual easement and right-of-way, sufficient in width to install and maintain an underground electric power line, including the perpetual right to enter upon the real estate herein- after described, at all reasonable times, to construct, maintain and repair under- ground power lines; through, under and across said lands, together with the right, at the sole expense of Grantee, to excavate and refill ditches and trenches for the location of said power line, and the further right to remove trees, bushes sod, flowers, shrubbery, and other obstructions and improvements, interferring with the location, construction and maintenance of said power lines on and across the following premises, belonging to the said owner in Ada County, State of Idaho, in the following location, to -wit: In MERIDIAN MANOR NO. 2 SUBDIVISION, Ada County, Idaho, a strip of land ten (10) feet wide, five (5) feet on each side of the boundary line of the actual _building sites, running from the street -right-of-way or utility easements -as -shown on the plat to a point or points on said boundary line which are directly opposite from the electrical service entrance facilities on the buildings constructed on the building sites on each side of rhe boundary line; thence, strips of land each ten (10) feet wide, one on each building site running directly from said point or points on the boundary line to the correspondingly opposite electrical service entrance facilities on the buildings constructed on said building sites. The actual building site may be a lot as shown on MERIDIAN MANOR NO. 2 SUBDIVISION plat or a combintation of portions of lots intended to comprise a building site. The electrical system generally will consist of buried power wires, trans-, formers, junction boxes and other equipment, part of which may extend above ground, necessary to serve electrical power to these premises and adjacent premises. (c) The Architectural Control Committee, hereinabove designated,, shall const.i.- -tute a committee, subject to the aforementioned ordinances and rules and regulations of the various Zoning and Planning Commission having jurisdiction, to determine and designate the location upon such easements of all irrigation ditches, pole lines, sewer lines, and other public utilities distribution lines, which designation shall be effective to vest the right to utilize such easement areas. This Committee shall exist in perpetuity, and in the event of vacancy by resignation or death, the remain- ing members of the committee shall fill such vacancy by appointment of an owner of property within this subdivision to such committee. VII That these protective restrictions and covenants shall.run with the land des- cribed herein and shall be binding upon the parties hereto and all successors in title or interest to said real property or any part hereof, until May 1, 2006, at which time said Protective Restrictions and Covenants shall be automatically extended for successive periods of ten (1.0) years unless the owner or owners of the legal title to not less than two-thirds (2/3) of the platted residence tracts or platted lots by an instrument or instruments in writing, duly signed and acknowledged by thAmishall then terminate or amend said Protective Restrictions and Covenants, and such termination or amendment shall become effective upon.the filing of such instru- ment or instruments for record in the office of the Recorder of Ada County, Idaho. Such instrument or instruments shall contain proper references by volume and page numbers to the record of the plat and the record of this Declaration in which these Protective Restrictions and Covenants are set forth and all amendments hereof. -6- Irl VIII 3 ic:5 - That should any Grantee violate or attempt to violate any of the provisions of these Protective Restrictions and Covenants, any other person or persons.owni.ng any real property embraced in the said subdivision plat shall have full power and. authority to prosecute any proceedings at law or in equity against the person or .persons violating or attempting to violate any of the said Protective Restrictions and Covenants, and either to prevent him or them from so doing or to recover damages sustained by reason of such violation. IX That the invalidation of any provision, sentence, or paragraph contained in these Protective Restrictions and Covenants by judgement or Court Order shall in no way affect or invalidate any o� the other Provisions, sentences, or para- ' - graphs -of said Protective Restrictions and Covenants, but the same shall be and remain in full force and effect. IN WITNESS WHEREOF, the undersigned subscribed and its seal affixed, pursuant Directors, by its President and Secretary STATE OF IDAHO ) ss COUNTY OF ADA ) has hereunto caused its name to be to a res1ution of its Board of this 11- day of SefIrwr bre , 1976. BEDELCO, INC. W. Burton Smith, President Edward L. Bews, Secretary • ,.. On this 1¢6 clay of ire 1976, before me, the undci,si�gl; FOR VALUE RECEIVED, 7707JL 71L 1 DEED BEDELCO, INC., a corporation duly organized and existing under the laws of the State of Idaho, Grantor, does hereby Grant, Bargain, Sell and Convey unto the CITY OF MERIDIAN, a municipal corporation, Grantee, whose address is 728 Meridian St., Meridian, Idaho 83642 the following described real estate, to -wit: A parcel of land lying in the SE 1/4 of Section 1, Township 3 North, Range 1 West, Boise Meridian, -Ada--- ---- - __ County,._Idaho, more particularly described -as - -- - follows: Lot 18 of Block 2 of Meridian Manor No. 2 Subdivision, Meridian, Idaho, as shown on the official plat thereof on file in the Office of the Ada County Recorder in Book 39 of Plats at pages 3276 and 3277. TO HAVE AND TO HOLD The said premises, with their appurtenances unto the said Grantee, its successors, heirs and assigns forever. IN WITNESS WHEREOF, The Grantor, pursuant to a resolution of its Board of Directors, has caused its corporate name o be hereunto subscribed by its President and its corporate seal to be affixed by its Secretary this day of , 192M. STATE OF IDAHO, COUNTY OF ADA, ss. On this day of , 1977 , before me, a Notary public in and, fbr.said State, personally appeared.._W yB�j, TON:_SMI'I"H and E. L. BEWS , known to me to be the President and Secretary of BEDELCQ4 INC. RP ATE NAME By PRESII)tf -" Attest: SECRETARY. MAIL TAX NOTICE TO: Name City of Meridian Address 728 Meridian Street - City & State Merid-ian, Idaho Zip 83642 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 peal 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 SW -14 SE -14 of Section 1, T. 3N., R. 1W., B.M., Ada County, Idaho, and more particularly described thence continuing North 89°48'23" East 22.63 feet along the said Northerly boundary of the SW -14 of the SE -14 of Section 1 to a point; thence South 24°43'55" East 80.60 feet to a point; thence South 65°16'05" 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 SW -14 of the SE -14 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 SW -14 of the SE -14 of Section 1, T. 3N., R. 1W., S.M., Ada County, Idaho, and more particularly described as follows: Beginning at the Northwest cornerzf the SW -'4 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 SW -14 of the SE -14 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 SE -4 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. 0°24'50" W., 30.00 feet along the said Westerly boundary of the SE -14 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. 89°48'23" E., 125.00 feet and S. 0024'50" E., 63.80 feet from the NW corner of the SW -14 of the SE -14 of Section 1, T. 3N., R. 1W., B.M., Ada County, Idaho. 2. This agreement comtemplates 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 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 on 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 SE -14 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 heks and legal 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 Idaho corporation By. AT MPresident S�ecr dry FIRST PARTY CITY OF MERIDIAN, Cecil A. Cherry i Beth N. Cherry THIRD PARTIES - Leonard B. asm4�sen Dorothy Ra *nus6en FOURTH PARTIES r STATE OF IDAHO ) ss. County of Ada ) On this�L� day of December , 1972, before me, the undersigned, a Notary Public in and for said State, personally appeared W. BURTON SMITH and E. L. BEWS, 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, my official seal, the day written. (SEAL) STATE OF IDAHO ) SS. County of Ada ) I have hereunto set my hand and affixed and year in this certificate first above No`t-ry PuPlis for Idahb - Residence: Meridian, Idaho. On this &-rl- 6. 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. STATE OF COLORADO ) : ss. County of A On this % �'� day of December, 1972, before me, the under- signed, a Notary Public in and for said State, personally appeared LEONARD B. RASMUSSEN 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. eP't_�C' Not ry Public for Colorado Residence: JtVle.-_—r Colo. 'y-C0!z.7Qsz on expires 1 ^.e 15, 17S' QPgtTME�r�,. $E5� Cecil D. Andrus Governor R. Keith Higginson ,Director May 21, 1975 STATE OF IDAHO DEPARTMENT OF WATER RESOURCES --Re: PQrmit-fo-• _0-7978 - - City of Meridian 728 Meridian St. Meridian, ID 83642 Statehouse Boise, Idaho 83720 (208) 384-2215 Gentlemen: We acknowledge receipt of the affidavit stbmitted as proof of beneficial use for the above referenced permit. Before a license can be issued, a field e> -amination must be made by a representa- tive of this Department. We cannot tell ":ust when this examination. will be made, but our examiner will try to contact you at the time he makes the examination so that you may show him the system. If you have any questions regarding the f_eld examination, please contact our Dis- trict Office in Boise. Sincerely, p D. Darlene Reich Water Rights Supervisor Qs DDR: JG WATER RESOURCE BOARD: John F. Streiff George L. Yost Chairman Vice -Chairman Franklin Jones M. Reed Hansen Member Member Donald R. Kramer Secretary Scott W. Reed Member Edwin C. Schlender Member Joseph H. Nettleton Member Identification No. F Permit No. 1: - 4. a Source troy, water �%'as appropriated groundwater b) Location of the point of diversion: SW _ _ % SE —__ �'/a, Section 1 Township 4 N Range 1 W Boise Meridian, Other points of diversion: 5. a) The amount of water and use to which the water has been applied: Amount 2-.23 cfa for municipal supplypurposes from January 1 to December 31 incl. (cfs and/or acre-feet per annum) (Month -Day) (Month -Day) Amount for purposes from to incl. (cfs and/or acre-feet per annum) (Month -Day) (Month -Day) Amount for purposes from to incl. (cfs and/or acre-feet per annum) (Month -Day) (Month -Day) b) Total amount appropriated 2.23 cfs cfs and/or acre-feet per annum c) Describe how and by whom measurement of rate of flow or amount of storage was made and the qualifications of the person making the measurement: City personnel read a flow meter 6. If the means of diversion and conveyance are owned by someone other than the Permit Holder: a) Give the name or description of the canal, ditch or other works by which the water is conducted to the place of use: NA b) Describe the agreement or understanding by which you take water from the works: NA 7. a) Briefly describe the works for diverting and conveying the water to the place of use, (if from a subterranean source, give the pump size, motor size, size of well casing, depth of well; if from surface water, give brief description of diversion structure and/or canal or ditch) The well is approximately 500 feet deep; 20", 16" and, 10" casings; the screen is stainless steel 10" diameter. The pump capacity is 950 gpm with 100 hp motor. Water is pumped into the City distributioii'lines. b) Describe•the type and size of measuring device which you have installed at your point of diversion: 8–inch propeller meter with rate and totalizing indicators T R SEC. NEW NW44 Svft SEb. TOTAL NEW NWW SW% SEi4 P NEW NWW SW% SE'-� NEW NVF& SW% SEW1 NES. NWt4 SW4 SE44 �QARTME�,� Cecil D. Andrus Governor R. Keith Higginson ,Director May 21, 1975 STATE OF IDAHO DEPARTMENT OF WATER RESOURCES Re: - P-ermi t -NQ-• -0-7978 City of Meridian 728 Meridian St. Meridian, ID 83642 Statehouse Boise, Idaho 83720 (208) 384-2215 Gentlemen: We acknowledge receipt of the affidavit subm:Ctted as proof of beneficial use for the above referenced permit. Before a license can be issued, a field e>:amination must be made. by a representa— tive of this Department. We cannot tell ;ust when this examination will be made, but our examiner will try to contact you at the time he makes the examination so that you may show him the system. If you have any questions regarding the f__eld examination, please contact our Dis— trict Office in Boise. Sincerely, p D. Darlene Reich Wates. Rights Supervisor DDR:JG WATER RESOURCE BOARD: John F. Streiff George L. Yost Donald R. Kramer Edwin C. Schlender Chairman Vice -Chairman Secretary Member Franklin Jones M. Reed Hansen Scott W. Reed Joseph H. Nettleton Member Member Member Member y r Id�ntific3�iodi f1.,ti. STA 7E CA IDAHO OF U`� Y['U ADMINIS ILIIs _.::i 70 ["ppropi-icto the Public-, Of U -Lo (TYPE OR PRIH-i IN INK) 1. Name of applicant City of Meridian post office address 77_8 Meridian Street_, Meridian, Idaho Source of water supply_ ___. ground water which is a tributary t -- 3. r;. Location of point of diversion is SW _ VI of SE '/4 of S � _Iownship !'.__. .. Range_ 1 W B.M. Ada County; additional points of diversion if any: N/A b. If water is not consumed, it will be discharged into A �„ a vuoint in V" of '/4 of Section Township___ Range __ 1',,1.1 __.___- 4. Water will be used for the following purposes: Amount 1 91 for -r= e-, t-i_r purpose from_I; ll, 1 to Ol, {._..._.: ___ (both dues (cfs or acre-feet per annum) Amount______ for _ purpose from____ to _._ _ (I-oth dates inclu iv, (cfs or acre-feet per annum) Amount ____. for purpose from to _.._._._._._ (�:::>th dates inclusive<-��) (cfs or acre-feet per annum) 5• Total quantity to be appropriated: 1L—__—cubic feet per second and/or b .__--___.__ __–NJ -A-- acre feet per annum. 6. Proposed diverting works: a. Description of ditches, flumes, pumps, headgates, etc. one vertical tuibine pump (design capacity = 860 gpm„ motor size – 100 hp, column si.,�e 8", quo;) dem ti z -= 2.(_ 0 —ace pipi -Ig to i__,.cJ iidci me t c=t- , a_ 1 1 , _......._.. sample forts,, vents, Installation is to be housed., b. Height of storage dam N/A feet, active reservoir capacity acre feet; total reservoir capacity acre feet, materials used in storage dam: —_ Period of year during which storage will occurto__..___.__-..__ (Mo. Day) (Mo. Day) c. Proposed well diameter is -16'I proposed depth of well is_____1:.40_._._ i� rt. 9 7. a. Time required for the completion of the works and application of the wa'ser tc> i :a proposod b:nofici;31 is 112—years. b. Estimated construction cost is $ 60,000.00 8. Description of proposed uses: a. If water is not for irrigation: (1) Give the place of use of water:_N/A_-_',/4 of /4 of Section_ Township__ IZanae [3.M. 1 b. If water is for irrigation, indicate acreage in each subdivision in the tabulation bolow: N/A •i VI%1. f a SEC. NWVa NEI/' SWva NWS/a SWVa SEVa Nr1/'; su, NVj1/3� : ti6b/i i[E�/a TOTALS NEIA NVP/ 5WVa SEVa NEVA NWI/a SWI/4 SE1/a Total number of acres to be irri'atcd — c. Describe any other water rights used for the same purposes as described above. Thes_eare four nt-her exist-infi domestic wells in Meridian. The water rights ,,.umbers for those wells are not known. 9. a. Who owns the property at the point of diversion City of Meridian b. Who owns the land to be irrigated or place of use NSA c. if the property is owned by a person other than the applicant, describe the arrangement enabling the c:i;plicant to make this filing NIA i Tni l T7i l 1 b }- ^ n eri Ai e e � �•rc.' „_ .norm �._. t_h - M_ -, . n Dom_st' 1 from this well will be diverted into the Meri Ali nn twn_points: on NW Sth Street nud nn Cherry T anP The wall by Kenneth Witt and Sons Well Drilling. The pump, face pipint and _ bathhouse were designed by J–U–B ENGINEERS, Inc. and pl-ans for the _ entire facilities are available for inspection through the City of Meridian. - ■ 1. Map of proposed project: show clearly the proposed point of diversion, place of use, section number, township and range number. I ;s - l i::�S il.,R.1W.,B.iM. li 1 ---�--- I ---�--- I 1 I I I I PONT OF DIVE S/ON I ----------------- I ----q--- I I I I -4 ! I ! j I I I — ! 6 � ! Received by Dale Preliminary check by Fee Receipted by Date Publication prepared by Date._ Published in Publication dates Publication approved - Date Priority reduced to Reason Time Proiests filed by: f Copies of protests forwarded by _. Hearing held by Date_ Recommended for approval denial by ACTION OF THE DIRECTOR, DEPARTMENT OF WATER ADMINISTRA K..l ! This is to certify that I have examined Application for Permit to appropriate the public of the State or Idal:� iso. and said application is hereby l: \pproval of said application is subject to the following limitations and conditions: a. SUBJECT TO ALL PRIOR WATER RIGHTS. b. Proof of construction of works and application of water to beneficial use shall be submitted on os' before 19- c. 9 .c. Other: 2. Denial of said application is for the following reasons: T_ Witness my hand this day of 19 State of Idaho Department of Water Resources WATER RIGHT LICENSE License of Water Right No. _ 63-7978 THIS IS TO CERTIFY, that Priority _ May 10, 1974 Amotlut 1.91 Cfs the CITY OF MERIDIAN of _ Meridian, Idaho has complied with the terms and conditions of Permit No. 63-7978 issued pursuant to Application for Permit dated May 1-_0, 1974 and has submitted proof to the Department of Water Resources on slay 14, 1975 that Ire, has applied water to a beneficial use; an examination by the Department indicates that the works have a capacity for the diversion of 2.08 cfs of water from a ground water source tributary to and that the permit holder has applied to a benclicial use and established a right to use water as follows: Beneficial Use Municipal from from Period of Use Jan. 1 to Dec. 31 to Rate of Diversion at 1.91 cfs and at cfs and from to at cls and (both dates inclusive). n/a Annual Volume Subject, however, to the condition that no more than 1. 91 cfs of water be diverted at anv one time, and that the amount of water so diverted and to which such right is entitled and confirmed is for the purpose aforementioned and is limited to the amount which can actually be beneficially used and shall not exceed I r n/a acre feet per year, said waters to be diverted within the SW4 SE -4 of Sec. 1, Twp. 3 N, Rge. 1 W, B. M. in the Countv of Ada Description and location of place of use: Within the city limits of Meridian, Idaho. Total number of acres irripted A measuring device of a type approved by this Department shall be permanently maintained as part of the diverting works. Total number of acres irrigated A measuring device of a type approved by this Department shall be permanently maintained as part 'of the diverting works. NOTE: Modifications to or variance from this license must be made within the limits of Section 42-222, Idaho Code, or the applicable Idaho Law. This right may be forfeited by five years of non-use. r The right to the use of the water hereby confirmed is restricted and appurtenant to the lands or place of use herein described, as provided by the laws of Idaho. Witness the seal and signature of the Director, affixed at Boise, Idaho, this �� day of " June 19 75