Successor Grantee from Meridian Heights Dissolution - Water and Sewer Easement Agreement for 322 W HarrisRECORDING REQUESTED BY AND
WHEN RECORDED RETURN TO:
ADA COUNTY RECORDER Christopher D. Rich 2015-097492
BOISE IDAHO Pgs=5 NIKOLA OLSON 10/21/2015 03:00 PM
MERIDIAN CITY NO FEE
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(Space Above For Recorder's Use)
NOTICE OF SUCCESSOR GRANTEE
CITY OF MERIDIAN
WATER AND WASTEWATER
PUBLIC UTILITY EASEMENT AGREEMENT
322 W. HARRIS STRET
WHEREAS, on the 91h day of December, 2014, the Meridian Heights Water and Sewer District
(MHWSD) was granted a Utility Easement Agreement by the owner of the real property legally
described in the first recital of the attached Exhibit A, recorded as Ada County Instrument
Number 2014-100180; and,
WHEREAS, said Easement was granted to MHWSD and its heirs, successors, and assigns; and,
WHEREAS, on the 11th day of December, 2014, MHWSD was granted an Order of Dissolution
pursuant to Idaho Code 42-3239, Ada County Instrument Number 2014-101376; and,
WHEREAS, the Order of Dissolution included approval of the transfer of District Assets to the
City of Meridian; and,
WHEREAS, Pursuant to Idaho Code 42-3239, MHWSD adopted Resolution 14-3 transferring
the District's assets to the City of Meridian, and the City of Meridian adopted Resolution 14-
996A accepting the assets of the District.
NOW, THEREFORE, in consideration of the premises, the Grantor of the Utility Easement
Agreement described herein is hereby notified that the City of Meridian is the rightful Successor
Grantee of said Easement Agreement, a copy of which is attached hereto as Exhibit A and
incorporated herein by this reference.
IN WITNESS WHEREOF, the City Council of the City of Meridian at its regularly scheduled
meeting on the 20th day of October 2015 has approved this Notice and directed the Mayor to
sign.
SUCCESSOR GRANTEE
CITY OF MERIDIAN
By��r�f—
Mayor Tam y e Weerd
STATE OF IDAHO )
ss.
County of Ada )
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Attest:
sT
IDIAN
IDAHO
SEAL
On this Do day of , 2015, before me 'dam ,
personally appeared Tammy de Weerd and Jaycee Holman, known or identified to me to be the
Mayor and City Clerk of the municipal corporation who executed and attested, respectively ,the
instrument on behalf of said municipal corporation, and acknowledged to me that such municipal
corporation 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,
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EXHIBIT A
ADA COUNTY RECORDER Christopher D, Rich 2014-100180
BOISE IDAHO Ppsa3 VICTORIA BAILEY 1211212014 08:31 AM
MERIDIAN HEIGHTS WATER & SEWER NO FEE
Od048078201401001800030038,
UTILITY EASEMENT AGREEMENT
THIS UTILITY EASEMENT AND AGREEMENT ("Agreement") is made and entered
into as of this 6? day of L&R 2014, by and between SHAD and RACHEL JESSEN,
husband and wife ("Grantors"), and the MERIDIAN HEIGHTS WATER AND SEWER
DISTRICT, a duly organized and existing political subdivision of the State of Idaho, whose
mailing address is P.O. Box 472, Meridian, Idaho 83680 ("Grantee").
RECITALS
WHEREAS Grantors own certain real property located within the Meridian Heights Water
and Sewer District boundaries with a street address of 322 W. Harris Street, Meridian, Idaho 83642
and more particularly described as Lot 24 Block 5 Meridian Heights #3, Ada County, Idaho,
according to the official plat recorded in the office of the Ada County Recorder at Book 62, Page
6274 {"Grantors' Property"); and
WHEREAS, Grantee requires access to Grantor's Property for the purpose of maintaining
a utility line owned by the Grantee; and
WHEREAS Grantors have agreed to grant and convey to Grantee a perpetual non-
exclusive right-of-way and utility easement through a portion of Grantors' Property, subject to the
terms and conditions of this Agreement.
GRANT OF EASEMENT AND AGREEMENT
NOW, THEREFORE, in consideration of the mutual promises herein contained and other
good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged
by both parties, the parties agree as follows:
1. Grant, Grantors hereby grant and convey without warranty unto Grantee; its heirs,
successors and assigns and any person who the Grantee permits to use said Easement, subject to
the terms and conditions herein contained, a perpetual non-exclusive utility easement across a
fifteen foot (15') wide corridor along the northern property line of Grantors' Property, for the
maintenance of utility lines,
2. Use of Easement. Grantee, its agents or transferees, shall have the right to perform
any maintenance they may deem necessary or wish to exercise in connection with the Easement,
including but not restricted thereto, the right to make necessary repairs, alterations, removals or
replacements thereof, together with the right and privilege of ingress and egress to and from said
property for said purposes, Grantee shall have the full and free right and authority to install,
construct, operate, maintain, repair, replace and reconstruct public utilities for water and
wastewater purposes and for any other utility purposes that the Grantee may deem necessary over,
across, through, in and under that certain parcel of land described as Grantors' Property provided
that Grantee does not interfere with or restrict Grantors' use and enjoyment of Grantors' Property.
UTILITY EASEMENT AGREEMENT (JESSEN) - 1
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3. Indemnity. Grantee shall, to the fullest extent permitted by law, indemnify, defend
and save Grantors, their agents, successors and .assigns, harmless from any and all claims,
liabilities, losses, costs, charges or expenses, (including without limitation, reasonable attorney's
fees) which Grantors may incur as a result of any negligent or intentional act or omission of either
of Grantee or it's respective agents, contractors, tenants, licensees and invitees, in the use, repair
or maintenance of the Easement granted hereunder. If any action, claim or demand is made upon
Grantors for any negligent or intentional act or omission of either of Grantee or it's respective
agents, contractors, tenants, licensees or invitees, Grantee agrees to pay all costs, charges,
attorney's fees, settlements, judgments or other expenses incurred by or obtained against Grantor
as a consequence of any such. action, claim or demand.
4. Binding Effect. The Easement granted hereunder shall run with the land and shall
be binding upon all persons having or acquiring any right, title or interest therein or any portion
thereof and upon their respective heirs, successors and assigns.
S. Authority. Grantors and Grantee represent and warrant as of the date of this
Agreement that each of them, and the persons executing this Agreement on their behalf, have the
power and authority to execute this Agreement and to perform their respective obligations
hereunder.
6. Interpretation. In the event of a dispute involving the interpretation of this
Agreement, the parties agree that any ambiguities that may be found to exist which may affect the
rights or obligations of either party shall not be construed against the drafter of this Agreement.
As used in this Agreement, the terms "herein," "hereby" and "hereunder" shall have reference to
the entire contents of this Agreement and not only the paragraph in which such terms appear.
IN WITNESS WHEREOF the parties have executed this Agreement as of the date first
written above.
GRANTORS:
Shad Jessen
STATE OF IDAHO )
UTILITY EASEMENT AGREEMENT (JEssEN)'- 2
Rachel Jessen
ATTEST:
L
Gina Harris, District Uerk
r
)ss.
County of Ada )
On this SINay of e L. ' 2014, before me, the undersigned, a Notary Public in and
for said State, personally appeared Shad Jessen and Rachel Jessen, husband and wife, known or
identified to me to be the persons who executed 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 written above.
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STATE OF IDAHO
)ss.
County of Ada )
On this nday of 2014, before me, the undersigned, a Notary Public in
and for said State, personally appeared Gordon Hamilton, known or satisfactorily identified to me
to be the Chairman of the Board of the Meridian Heights Water & Sewer District, the person who
executed this instrument on behalf of said entity, and acknowledged to me that said entity 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 written above.
GINA M HARRIS
NOTARY PUBLIC
STATE OF IDAHO
UTILITY EASEMENT AGREEMENT (JESSEN) - 3
Notary Public for 11ta13q
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