Successor Grantee from Meridian Heights Dissolution - Water and Sewer Easement Agreement for 366 W HarrisRECORDING REQUESTED BYAND
WHEN RECORDED RETURN TO:
ADA COUNTY RECORDER Christopher D. Rich 2015-097495
BOISE IDAHO Pgs=7 NIKOLA OLSON 10/21/2015 03:00 PM
MERIDIAN CITY NO FEE
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00157966201600974960070072
(Space Above For Recorder's Use)
NOTICE OF SUCCESSOR GRANTEE
CITY OF MERIDIAN
WATER AND WASTEWATER
PUBLIC UTILITY EASEMENT AGREEMENT
366 W. HARRIS
WHEREAS, on the 24th day of November, 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 2014-100183; 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 201h day of October 2015 has approved this Notice and directed the Mayor to
sign.
SUCCESSOR GRANTEE
CITY OF MERIDIAN
Attest:
Zititgo�lUGL,
ee '-
ti
By Y Y EIAN TDy Clerk
ity of
Mayor Ta m de Weerd
IDAIiO
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STATE OF IDAHO )
ss.
County of Ada )
On this day of, 2015, before me ! ,
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.
- w e e s .
2
NOTARY PUBLiCFdR IDAHO
Residing at kok V\ t
My Commission Expires OeLVAUAV tA . 0
EXHIBIT A
ADA COUNTY RECORDER Christopher D. Rich 2014100183 '
BOISE IDAHO Pgs=6 VICTORIA BAILEY 12112/2014 08:32 AM
MERIDIAN HEIGHTS WATER $ SEWER NO PEE
AJULASH 1112111011
11 Firrmal ITEM
00048079201401001830060069
UTILITY EASEMENT AGREEMENT
THIS RIGHT -OP -WAY AND UTILITY EASEMENT AND AGREEMENT
("Agreement") is made and entered into as of this Aif 'ifday of Bove r', 2014, by and between
JASON MICK, an individual, by and through his duly appointed attorney-in-fact CAMILE NIICK
("Grantor"), 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 Grantor owns certain real property located within the Meridian Heights Water
and Sewer District boundaries with a street address of 366 W. Harris Street, Meridian, Idaho 83642
and more particularly described as Lot 26 Block 5 Meridian Heights 43, Ada County, Idaho,
according to the official plat recorded in the office of the Ada County Recorder at Boob 62, Page
6274 ("Grantor's Property"); and
WHEREAS, Grantee requires access to Grantor's Property for the purpose of maintaining
a utility line owned by the Grantee; and
WHEREAS Grantor has agreed to grant and convey to Grantee a perpetual non-exclusive
utility easement through a portion of Grantor's 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. Grantor hereby grants and conveys 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 Grantor's 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 Grantor's Property provided
that Grantee does not interfere with or restrict Grantor's use and enjoyment of Grantor's Property.
UTJLTTY EASEMENT AGREEhMNT (MICK) - 1
3. Indemnity, Grantee shall, to the fullest extent permitted by law, indemnify, defend
and save Grantor, its agents, successors and assigns, harmless from any and all claims, liabilities,
losses, costs, charges or expenses, (inclvding without limitation, reasonable attorney's fees) which
Grantor 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 her6unden. If any action, claim or demand is made upon
Grantor 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.
5. Authority. Grantor 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 perforin 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 `%rerein," "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,
GRAMI'OR:
Jason Mick
By: A1fLlo 4'i�tt L
Camile Mick
His: Attorney -in -Fact
GRANTEE: /
Meridian Heights Wate &Sewer District
By: j -
Gordon am'Iton
Its: Cha' an
UTILITY EASEMENT AGREEMENT (MICK) - 2
FIX
STATE OF IDAHO )
)ss,
County of Ada )
On this aµ day of Ain ven%b , , 2014, before me, the undersigned, a Notary Public in and
for said State, personally appeared Camile Mick as attorney-in-fact for Jason Mick, known or
identified to me to be the person who executed the foregoing 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 ju.Ws certificate first written above.
14 A
:. pTA � 's Notary ublic for Idaho �
i� Residing at tc41
pU81�1� My commission expires: VzIlde)j�e
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STATE OF IDAHO )
)ss.
County of Ada )
On this e day 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 (MILK) - 3
Residing atm
My commission
^Opy DURABLE POWER OP ATTORNEY
KNOW ALL MEN BY THESE PRESENTS:
That --YA 5 a 1-A M �6k , City 'of
Nle,r- Hie- o , County of Ada , State of
1 a a" , has made, constituted and appointed and by these
presents does make, constitute and appoint iAMILE N ICL- , City of
ois-e- County of a_ , State of
1cap , as his/her true and lawful attomey-in-fact for and in
his/her name, place and stead and for his/her use and benefit, to ask, demand, sue for,
recover, collect, and receive all such sums of money, debts, accounts, legacies, bequests,
interest, dividends, annuities, and demands whatsoever, as are now or shall hereafter
become due, owing, payable, or belonging to him/her; to conduct any and all matters
relating to banking accounts in his/her name or for his/her benefit Including, but not limited
to deposits, withdrawals, opening and closing accounts, and access to periodic banking
statements on any such accounts; and have, use and take all lawful ways and means in
his/her name or otherwise for the recovery thereof, by attachments, arrests, distress or
otherwise, and to compromise and agree for the same and acquittances or other sufficient
discharges for the same, for him/her and in his/her name to make, seal and deliver; to
bargain, contract, agree for, purchase, receive, and take lands, tenements, hereditaments,
and accept the seisin and possession of all lands, and all deeds and other assurances in
the law therefor, and to lease, let, demise, bargain, sell, remise, release, convey,
mortgage and hypothecate lands, tenements and hereditaments upon such terms and
conditions, and under such covenants as he/she shall think fit
Also, to bargain and agree for, buy, sell, mortgage, hypothecate and in any and
every way and manner deal in and with goods, wares and merchandise, choses in action
and other property in possession or in action, and to make, do and transact all and every
kind of business, including bank deposits and withdrawals, of whatever nature or kind, and
also for him/her and in his/her name and as his/her act and deed to sign, seal, execute,
deliver, and acknowledge such deeds, leases, assignments of leases, covenants,
indentures, agreements, mortgages, hypothecations, bottomdes, charter-parties, bills of
lading, bilis, bonds, notes, receipts, evidences of debt, releases, satisfaction of mortgages,
judgments and other debts, and such other instruments in writing of whatever kind and
nature as may be necessary or proper in the premises.
Giving and granting unto his/her as attomey-in-fact, full power to do and perform all
and every act and thing whatsoever requisite and necessary to be done in and about the
premises, as fully to all intents and purposes as he/she might or could do if personally
present (with full power of substitution or revocation), hereby ratifying and confirming all
that his/her said attomey-in fact shall lawfully do or cause to be done by virtue of these
presents.
This power of attorney shall not be affected by subsequent disability or
incapacity of the principal.
'IN WITNESS WHEREOF, I have hereunto set my hand and seal this 1i
day of T ?\'ta� , 20 13
Z&7.4- - --% &-
Principal
State of -n�o )
ss.
County of _ �P.._ )
On this1 day of ��i�.DAj,_ 20 13 before me, a Notary Public
for the State of5o-Y)a pe�onally appeared '1 an ren%cls
known to me to be the person whose name is subscribed to the foregoing instrument and
acknowledged to me that&she executed the same.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal
on the day and year in this certificate first above written.
M , ,
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MWY. Publi or
Re iding at 6
Commission expires: .,i