Meridian Heights Asset Transfer and Dissolution - Quitclaim Deed for Water RightsQUITCLAIM DEED AND TRANSFER OF INTEREST
IN REAL PROPERTY AND ACCEPTANCE
PARTIES:
Meridian Heights Water & Sewer
Grantor
2589 S. Groom Way, Meridian, ID 83642
District
P.O. Box 472, Meridian, ID 83642
City of Meridian
Grantee
33 E. Broadway Ave., Meridian, ID
83642
This Quitclaim Deed and Transfer of Inter st in Real Property and Acceptance, made
20 effective as of the day of f , ,�by and between MERIDIAN HEIGHTS
WATER & SEwER DISTRICT, ("Grantor" or "District" herein), an Idaho political subdivision,
whose physical address is 2589 S. Groom Way, Meridian, Idaho 83642, and the CITY of
MERIDIAN, ("Grantee" or "City" herein), a municipal corporation of the State of Idaho, whose
address is 33 E. Broadway Ave., Meridian, Idaho 83642.
ADA COUNTY RECORDER Christopher D. Rich 2015-0974!
BOISE IDAHO Pgs=7 NIKOLA OLSON 10/21/2015 03:001
SECTION I. MERIDIAN CITY NO F
RECITALS 1111111111111111111111111111111111111111111111111
00157965201500974970070077
The Parties recite and declare:
1.1 The District is the holder of Water Right No. 63-07307, evidenced and represented by
Water Right Partial Decree No. 63-07307 issued to the District's predecessor in interest,
the Meridian Heights Water & Sewer Association, Inc., a dissolved Idaho non-profit
corporation, by the Fifth Judicial District of the State of Idaho, in and for the County of
Twin Falls, In re SRBA, Case No. 39576, a copy of which is attached hereto as Exhibit
A and incorporated herein by this reference as if set forth in full.
1.2 By letter dated November 7, 2013, the District received confirmation of ownership
change of Water Right No. 63-07307 from the Idaho Department of Water Resources, a
copy of which is attached hereto as Exhibit B and incorporated herein by this reference
as if set forth in fall.
1.3 The City has the authority and the right to acquire. either by purchase or other legal
means, interests in real property necessary for the maintenance and improvement of water
and sewer systems; and
1.4 The City Council of the City and the Board of Directors of the District have each
determined that a quitclaim deed herein provided for to transfer the Water Right is
advisable and in the public interest and facilitates the intent of the District for
maintenance and improvement of its existing water and sewer systems by the City.
In consideration of the mutual covenants contained in this quitclaim deed, the parties
agree and act as follows:
SECTION II
QUITCLAIM DEED GRANT AND CONVEYANCE OF INTEREST IN REAL
PROPERTY FOR CITY MAINTENANCE PURPOSES
QUITCLAIM DEED AND ACCEPTANCE - I
2.1 The District does hereby grant, convey and release and quitclaim all right, title and
interest, to the above mentioned real estate, including any and all rents, issues and profits thereof,
which the District now has or may hereafter acquire, unto the City, and/or its assigns as
hereinafter provided for, from the effective date hereof.
SECTION III
ACCEPTANCE OF GRANT AND CONVEYANCE
FOR CITY MAINTENANCE PURPOSES
3.1 The City does hereby accept this conveyance of the Real Property herein provided for.
WIT FESS WHERE F, this Quitclaim Deed and Acceptance has been executed on
the _day of '� f%" k , 2014, with the intent that it shall be recorded in the office
of the recorder of the County of Ada, State of Idaho.
ATTEST:
�16
=yy
Gina Harris, Distri Clerk
MERIDIAN HEIGHTS WATER & SEWER
DISTRICT, an Idaho political subdivision
Goryo Hamilton, Chairman
i
t
CITY OF MERIDIAN, an Idaho municipal
corporation
Tammy Ike eerd, Mayor
0Rr,'f8D AUCCr
ATTEST: G�cs Sl,
`S1 9p'
J ycee -e-F, City Clerk
City 0{
ER,,JDIANq,
•'� IpAHU
SEAL
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QUITCLAIM DEED AND ACCEPTANCE - 2
STATE OF IDAHO
. ss.
County of Ada
In
On this � day of bQ Cf '
'),ht)r in the year of 2014, before me, a notary
public, personally appeared Gordon Hamilton, known or identified to me to be Chairman of the
Meridian Heights Water & Sewer District that executed this Quitclaim Deed and Acceptance,
and acknowledged to me that such District executed the same.
`
DATED this 1 4�" day ofj7�� L) , 2014.
(SWdA M HARRIS
NOTARY PUBLIC
STATE OF IDAHO
STATE OF IDAHO
County of Ada
Notary Public for Idd�q
Residing At: r
My Commission Expires:
On this Q0 day of 0 in the year of 201#; before me, a notary
public, personally appeared Tammy DeWeerd, known or identified to me to be the Mayor of the
City of Meridian, Ada County, State of Idaho, that executed this Quitclaim Deed and
Acceptance, and acknowledged to me that such City executed the same.
(SEAL)
01
DATED this cDO
iay of 0QA-QbeY- vs -
QUITCLAIM DEED AND ACCEPTANCE - 3
Notary Public f� ho
Residing At:
My Commission Expires:
Water Right Report
m
H .
Close
IDAHO DEPARTMENT OF WATER RESOURCES
Water Right Report
10/6/2014
WATER RIGHT NO. 63-7307
Owner Type Name and Address
Current Owner MERIDIAN HEIGHTS WATER & SEWER DISTRICT
PO BOX 472
MERIDIAN, ID 83680
(208)887-1052
Original Owner MERIDIAN HEIGHTS SUBDIVISION
,ID
Original Owner SOUTHWEST DEVELOPMENT CO INC
212 10TH AVE S
NAMPA, ID 83651
Priority Date: 03/10/1970
Basis: Decreed
Status: Active
Source Tributary
GROUND WATER
Beneficial Use
DOMESTIC
From
01/01
To
12/31
Diversion stateVolume
0.93 CFS
68.4 AFA
Total Diversion
0.93 CFS
Location of Point(s) of Diversion:
WA
Co.
01
Page 1 of 3
EXHIBIT "B" '
httn://www.idwr.idaho.gov/anus/ExtSearch/Rio,hf.Re.nortA]..q.n?RacinN„rnbPr=fi'I,P,rCPrn,i.n 1n/9/on7a
State of Idaho
r DEPARTMENT OF WATER "SOURCES
M Western Region, 2735 Airport Way - Boise, Idaho 83705-5082
Rhone: (208) 334-2190 - Fax: (208) 334-2348 - Web Site: t wvvAdrvr.idaho.ga-v
C. L. "BUTCH" OTTER
Governor
November 7, 2013 GARY SPACKAIAN
Director
MERIDIAN HEIGHTS WATER & SEWER DISTRICT
PO BOX 472
MERIDIAN ID 83680
Re: Ownership Change in Water Right No's: 63-07307, 63-11671
Dear Applicants
The Department acknowledges the receipt of correspondence changing ownership of the above
referenced water right(s) to you. The Department has modified its records to reflect the change in
ownership and has enclosed a computer-generated report for your records.
However, Water Bight No.'s 63-12157 and 63-12251 have not been modified. These water right
numbers are associated with water permits and an Assignment of Permit will need to be submitted to
the Department in order to change them. If you do not want to change these water rights at this time
please contact the department and a refund of $50.00 will be requested.
Updating the ownership record for a water right does not reconfirm the validity of the right. When
processing an ownership change notice, the department does not review the history of water use to
determine if the right has been forfeited through five years or more of non-use. To read more about
water right forfeiture, including how to protect a water right from forfeiture, please see Sections 42-
222 and 42-223, Idaho Code.
Please note that as of July 1, 1996, water right owners are required to report any change of water right
ownership and any change of mailing address of the owner of a water right, to the Department. Notice
of the change must be provided to the Department within 120 days of the change. Change reporting
forms are available from any office of the Department, or at www.ldwr.idaho.goy.
Thank you for your patience and cooperation. If you have any questions concerning the enclosed
information, please feel free to contact this office at 208-334-2190.
Sincerely,
dVda
Rachel Sommer
Office Specialist It
Western Regional Office
Enclosures: Assignment of Permit EXHIBIT "B"
Water Right Report
GROUND WA
GROUND WA
Sec. 25IITownship 03N Range 01WIlADA
Sec. 25 Township 03N Ranee 01W ADA
Place(s) of use:
Place of Use Legal Description: DOMESTIC ADA County
Page 2 of 3
Township
tt�tr-Lotl03N
This partial decree is subject to such general provisions necessary for the definition of the
1.
C18
rights or for the efficient administration of the water rights as may be ultimately determined
by the Court at a point in time no later than the entry of a final unified decree. Section 42-
1412(6), Idaho Code.
2.
R65
This right when combined with all other rights shall provide no more than 0.02 cfs per acre
nor more than 4.5 afa per acre for irrigation of the lands above.
3.
SENE
The right holder shall accomplish the change authorized by Transfer No. 5271 within one (1)
year of the date of the approval.
4
T08
Failure of the right holder to comply with the conditions of this transfer is cause for the
Director to rescind approval of the transfer.
Conditions of Approval:
Dates:
Licensed Date:
Decreed Date: 02/16/2007
Permit Proof Due Date:
Permit Proof Made Date:
Permit Approved Date:
Permit Moratorium Expiration Date:
Enlargement Use Priority Date:
EXHIBIT "B"
http://www.idwr.idaho.gov/apps/ExtSearch/RiRhtRei)ortAJ.asp?B asinNumber=63&Seauen... 10/6/2014
This partial decree is subject to such general provisions necessary for the definition of the
1.
C18
rights or for the efficient administration of the water rights as may be ultimately determined
by the Court at a point in time no later than the entry of a final unified decree. Section 42-
1412(6), Idaho Code.
2.
R65
This right when combined with all other rights shall provide no more than 0.02 cfs per acre
nor more than 4.5 afa per acre for irrigation of the lands above.
3.
T07
The right holder shall accomplish the change authorized by Transfer No. 5271 within one (1)
year of the date of the approval.
4
T08
Failure of the right holder to comply with the conditions of this transfer is cause for the
Director to rescind approval of the transfer.
Prior to diversion of water under this approval, the right holder shall provide a means of
5.
T17
measurement acceptable to the Department from all authorized points of diversion which will
allow determination of the total rate of diversion.
6
WB4
The total instantaneous diversion of water from all points of diversion under Rights 63-7307
and 63-11671 shall not exceed 2.38 cfs, nor a total combined annual volume of 249.5 a£
After specific notification by the Department, the right holder shall install a suitable
7.
01M
measuring device or shall enter into an agreement with the Department to determine the
amount of water diverted from power records and shall annually report the information to the
Department.
8.
X01
Domestic use is for 57 mobile homes.
9.
J01 I
Property is also known as Meridian Heights Subdivision.
Dates:
Licensed Date:
Decreed Date: 02/16/2007
Permit Proof Due Date:
Permit Proof Made Date:
Permit Approved Date:
Permit Moratorium Expiration Date:
Enlargement Use Priority Date:
EXHIBIT "B"
http://www.idwr.idaho.gov/apps/ExtSearch/RiRhtRei)ortAJ.asp?B asinNumber=63&Seauen... 10/6/2014
Water Right Report Page 3 of 3
Enlargement Statute Priority Date:
Water Supply Bank Enrollment Date Accepted:
Water Supply Bank Enrollment Date Removed:
Application Received Date:
Protest Deadline Date:
Number of Protests: 0
Other Information:
State or Federal: S
Owner Name Connector:
Water District Number:
Generic Max Rate per Acre:
Generic Max Volume per Acre:
Civil Case Number:
Old Case Number:
Decree Plantif .
Decree Defendant:
Swan Falls Trust or Nontrust:
Swan Falls Dismissed:
DLE Act Number:
Cary Act Number:
Mitigation Plan: False
Close
E IBIT"B"
http://www.idwr.idaho.gov/apps/ExtSear�ghtReporiA3.asp?BasinNumber= 63&Seauen... 10/6/2014