1975 – Meridian Place WaterI{ATER EASEMENT
THIS INDENTURE, made this 29th. day of Scpterbcr 'l97 s,
_, the partass of the fi rst part, and
hereinafter called the Grantors, and the City of Meridian , State of Idaho,
a municipal corporation, the party of the second part, and hereinafter
cal I ed the Grantee;
l/JITN ESSETH.
WHEREAS, the Grantor s, desire to provide a water right of way
across the premises and property hereinafter particularly bounded and
descri bed; and
WHEREAS, the water is to be provided for through an underground
pipeline to be constructed by the Grantee; and
WHEREAS, it will be necessary to maintain and service said pipeline
from time to time by the Grantee;
NOl,rl, THEREFORE, in consideration of the benefits to be received by
the Grantor:, and for the sum of One Dollar ($.l .00) and other good and
valuable consideration, the Grantors, do_ hereby give, grant and convey
unto the Grantee the right of way for an easement for the construction,
operation and maintenance of a water line over and across the following
described pnoperty:
An easement 60,00 feet in width centered upon the following des-.cribed line:
Cournencing at the Southeast corner of Section 6, Tor.mship 3 North,
Range 1East, Boise Meridian, Ada County, Idaho and running N. 89.28t06"
W. 1320.51 feet along the Southerly boundary of said Section 6 to theSoutherst corner of the SW 1/4 SE L/4, Section 0;
thence N. 0"23'20" E, 1304.15 feet along the Easterly boundary ofthe said S1^, 1/4 SE l/4, Section 6 ro rhe TRUE POINT OF BEGINNING OF THE
EASEMENT;
thence continuing N. E. 6.60 feet along said Easterly
boundary of the SW L/4 SE L/4, Secrion 6 to the Northeasr corner thereof;
rirence continuing N. 0'231 20" E. 100.00 feet along rhe Easterly
boundary of the Ntr\, l/4 SE I/4, Secrion 6 ro rhe POINT OF ENDING OF THE
EASEMENT.
MERIDIAN PLACE, LTD. , a 1paidx xxx xxNm$( xxx >rxx]0rd(x x x
imited partnenship,
xlsxxfi xx KxxDGh8xxao( &x trd(between
The easement hereby granted is for the purpose of construction and
operation of a r^rater line and a'l lied facilities, together with their
maintenance, repair, and repiacement at the convenience of the Grantee' vrith
lhe free rigrt of access to such facilities at any and all times.
T0 H,I|VE Ai'{D T0 HCLD, the said easement and right of way unto the
said Grantee, its successcrs and assigns forever.
IT IS EXPRESSLY UNDERSTooD AND AGREED, by and between the parties
hereto thai the Grantee wili tineiy conpiete the work of laying the
vrater iine aiid restore the prenises uscd therefor to a condition comparable
vith ihat existing prior to exercising this easementi that in making future
repairs thc Grantee 'rri11 expediently replace and restore the premises to
a condition cornparable to that existent prior to undertaking such repairs
and repl a cemen ts .
THE GRANTORs hereby covenant- and agree- that qhqa- wiil not place
or al lovr to be piaced any permanent structures on the area described
for this easement which 'lould interfere with the use of said described
easement for the purposes stated herein.
IT IS HEREBY FIjRTHER AGREED that the Grantor€ do_ hereby give and
grant to the Grantee the right to use during initial construction an
additional strip of land described as foilows:
None required.
IT iS UNDERSTOOD that the strip of land described in the previous
paragraph is for the purpose of constructing said v,ater 'l ine herein described,
tjie same to expire when the in'itial construction is completed.
IT IS UIiDERST00D and agreed that the Grantee will restore said strip
-2-
to a condition companabfe to that existent pnior to the under:_
taking of the construction of such sewen line.
The Grantor,s do hereby covenant with the Grantee that
they are lawfully seised and possessed of the aforementioned and
described tract of 1and, and that they have a good and lawfuf
right to convey said easernent, and that they wilf warrant and
foreven defend the titfe and quiet possession theneof against the
lawful- cl-aims of afI persons whomsoeven.
IN WITNESS WHEREOF, the said parties of the first pant
have hereunto subscribed their signatunes the day and year first
heneinabove wr itten.
MERIDIAN PLACE, LTD., a limited
pantn er sh i p
By ADA-WEST PROPERTIES
the general partnen
By
ner
State of Idaho
County of Ada
0n
undens igned ,appeared
this 29th. da y of scpasbcr
g eneral
genenal
the par
fonegoi
same in
partnen of ADA-WEST PROPERTIES, a general pantner"ship, thepartner of MERIDIAN PLACE, LTD., a limited pantnenship, andtner who subscribed said linited partnership name to theng instrument, and acknor^rledged to me that he executed thesaid linited partnershi,p name .
)
)
)
a notalry public
EIIRL L. HART'OX
nan orl s a1
, 1975, before me, theState, personally
, known to me to be a
IN WITNESS WHEREOI, I have he::eunto set my hand and affixed
my official seal , the day and year in this certificate first abovewnitten.
o 1 or
-
3
ng daho
-G
7tr
INFORMED CONSENT TO RELEASE OF RIGHTS UNDER
UNIFORM RELOCATION ASSISTANCE ACT
WE, the rmdersigned, have received comtrunLcatlon froo the CITY oF
MERIDIAN, a copy of thich is aEtached and Pursuant thereto r l,&acrrtp&)o( offer
a well site and water line easement
We have had explained to us by John O. Ff-tzgerald, Artorney at Law, represent-
lng the clty of Meridian, the facL that Econo[ic DeveloPmeot AdtrdnlstratLon
Grant Frinds have been received by the City of Merldlan and, therefore, we are
entitted to the benefit of the Uniforrn ReLocatlon Assistance and Real ProPerty
Acquisitlon PolLcies for Iederal and Federal-1y Assisted Prograxos. IlJe have had
read and explalnetl to us by Mr. tr'ltzgerald ghe unlforrn Real ProPerty AcquLsl-
tlon Pollcy of said Federal Act and our rl8hts therermder. I{e have had ere
plalned to us by Mr. tr'lEzgerald the provisions of the Relocatton As6l6tance
Act of the state of Idaho and our rlghts therermder. I|Je have further had
I
expLal-ned to ua that subsequeot to our qlt{ETqqEIAUU
site and water lirle easement
of f er i.ng the well
the city of Merldian approved Regul.atlona Governlng Relocation Asslstance and
Real ProperEy Acquisltion and the provlslons thereof. SpeclflcaLly' we have
had e>glalned to ue by l1r. tr'ltzgeraLd our rl8hts to obtaln an appraleal. of the
value of our site an d e, s emen t
site and easement
amount of our lust cot[PensaElon thereforr a copy of the appralsers report to
detemine just conpensatlon, our rlghE to requlre the Clty of Merldlan to ac-
gulre remainlng portLons of our l-ands lf they were uneconomic rerrrantat whlch
they are not, our rlght to have the Ctty of Merltlian acqulre the land by
negotiation, rather Ehan condemattoo, and our rlght not to have the City of
Merldian compel- us ln a coercive flaEure to convey th
, the rlght to have a rrrltten atatement
and settlng forth theldentlfylng our site and ease
and our tlght to conPensatlon.
INFORMED CONSENT TO RELEASE - ].
e si E e and easement
the rlght to accompany an appraLser during hls insPectlon of our
-
After al,L of thls expl,anation' we hereby waive any rights under the
Uniform Relocatlon Assist.ance and Real ProPerty Acqulsj.tion Policy for Federal
and I'ederally Assisted Prograns, our rights r'mder the Relocation Asslstance
Act of the state of ldaho, and walve our rLghts under the Regulatlons Governlng
Rel"ocation Asslstance Real- Property AcquisitLon of the clty of MerLdlan, enacted
subsequent to the Hm{*tX*€&p,4X offer of our well site and water line
easement
We further ralve all of our right to 'couPeEsatLon for sald
water line easement
well site and
and riesire to support the City of MerLdlan Project No. 07-01-01600 by the con-
trLbutlon wlthout compensatlon of our well site and water line easement
Finally, Lre state that there was no buslnesa on our real ProPerly of
whl-ch the easenent graoted was a partr no per3onal property whlch waa requlred
to be renoved and no reeLdence {hlch uaa requlred to be renoved as a result of
the well site and water line easement
to the Clcy of Merldlan.
Dare: Scptcnber 29r , 197J
limited
xxxxx xx xxxxxx xx xx x xxxx yx y yy yy y x ).y
EXIQ<XXxilffi{bNMER]DIAN PLACE, LTD. , A
partnersh ip
By ADA-VJESTPROPERTIES
the general partner
By
P art ner
xxxf(xxxxxxxx xxxxxxxxxxxxxxxxxxxxx
xxxstrxxNxxfiru(d6il
xxxxxxxxxxxxxxxxxxxxxxx x X x xxxxxxx
xxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxx
INFORMED CONSENT TO REI,EASE - 2
A. PLANIING,
Nl. this
rder
ay 1
J-U-B ENGINEEFIS, lNC. sgoa Frankln Road - Boise, rd.ho 83705
DESCRIPTION FOR
A 60 FOOT PERMANENT WATER EASEI.{ENT
FOR MERID IAN ?LACE LTD
A PORrroN OF THE SW L/4 SE tl4, SECTTON 6,
T.3N., R. lE. , 8.M.,
ADA COUNTY, IDAHO
Comencing at the Southeast corner of Section 6, T.3N., R.lE.,
B.M., Ada County, Idaho and running North 89o28r06'r West 1320.51 feet
along the Southerly bormdary of the said Section 6 to the Southeast
corner of the sI,I 1/4 SE l/4, Section 6;
theoce North O'23t 20" East 1304.1-5 feet along the Easterly boundaryof the said SW 1/4 SE 1/4, Section 6 to rhe TRUE POINT OF BEGINNING
OT THE EASMIENT;
thence continuing North 0"23120" East 6.60 feet along said Easterly
boundary of the SW U4 SE U4, Section 6 to the Northeast corner thereofi
thence continuing Norrh 0"23120" East 100.00 feet along the EasterLy
boundary of the NW L/4 SE L/4, Section 6 to rhe POINT 0F EMING OF THE
EAS M{ENT .
STATE OF IDAHo, COUNTY 0F ADA' s!'
record at the req uest of5r;
aOs?"-
in, past6-o'cloc
CLAREN CEn
EDA Project No.07-01-01600
COVENANT
e domes t-l c we ter dJstrJbutlon llne and DDUrtenances
1n
the location of whlch Le more particularly deecrlbed on Exhlbit A attached
hereto and lncorporated hereln by this reference, all or part of which will be
to the use and beneflt of the described lands of the rndersigned, the under-
slgned does hereby eovenant and agree tirat ft, or a succes6or satLsfacEory to
the Government, !1111 retaln tlll.e to said laods and to the facillttea to be
conatructed thereoo, by the proJect for their useful 1lfe, hereln determl-ned by
the partles to be
-
30 yearsl and that euch facll,itles v111 be devoted to
the p,-!b1ie purpose fcr whlch the Gc',.. i'ns.:: c a3slsta:rce '.:as :er,.de:eC; an,-l tlrst
such faciLiries rc'i11 provide service rrithcut dlscrlmloatLoo to all perBons
lrithout regard to thelr race, color, rellg!.on, sex or natlonal orlgln. The
covenants and restllctlons herelo conEaioed eha1l run lrlth the descrlbed land
and may be terolaated or euspended durlng the tern hereof only upon the prlor
urltlen conseut of the Gove rnr0en t.
Title:
Don 11. S torey
Mayor
COVENANT - 1
In conslderatlon of financial asslstance rendered and to be rendered
by the Econonlc Development Administratlon, U.S. Departnent of Comerce, (here-
i:rafte! ea1led the "Goveromentt') for coastrucElon of
oatez ,//t^,. / J, , tsr!Cr-tv of MeridJ.an
(Nane of ownei)-
STATE OF IDAHO
aa.
County of Ada
O:i thls 2 day of /ln the year -&l-,
before me the underslened
(here j.nser! the naxle and quallty of the offlcer
Personally appeared Don M. S tor ev
ne (or-proved to ne on the oath of
to be Mayor
)
known to
\
of
(tlr1e of rhe offlcer)
Clty of Merldlan
(Name of private or publie corPoratlon,state agency, or politi.cal subdlvlelon)
Clty of Merldlani.nd acknowledged to oe that such
(Nane of prLvate or public corporatlont
executed the aame.
-{ rl.<- -..
,atate ageocy,or politJ.cal eubdlvlsJ.on)
!
Otr.t n I? p
" u F L r r]'t,
;:fArHRyil A. McpE4l(
No1ary rrJbli. lor icrho
nus Jcncr. 'rEriii.;ri ldahOu", nr.,s t expl es- /zlt:-?ZI I A ttc
COVENANT .)
{
r>o 74
\TARRAIYTY DEED
For Value Becelved MERTDIAN PLACE, LTD., a tj.mited partnership,
the grantor , does 1"""5, gran! bargain, sell and convey unto the CITY 0F MERIDIAN,
the grantee , whose current addresg is 72g Meridian Street, Meridian, Idaho,
the lollowiag deacribed premisea, in
A portion of the \,tl/z 5il,/4, Section 6Ada County, Idaho, mone panticul-anJ_y dCommencing at the Southeast cornen ofCounty, Idaho, and running N.g9o28r06Iboundary of said Section 6 to the SoutSection 6; thence N,0o23tlBr E 1304.1Sthe eaid Wl,/2 SEI/4, Seetion 6 to a point which bears S.from the Northeast corner of the SW1 thence N.89o 53 |
I
Ada
, Township 3 Nonthescribed by metesSection6rT3N,
W 1320.51 feet al_heast corner of thfeet afong the Ea
County Itlaho, to-wit:
, Range l_ East, B.M,,
and bounds as f ol-Lows
R r E, B,M., Adaong the Southerly
e W:-/ 2 SE1/4, saidsterly boundany of
0o 23 r 18rr W 6.50 feet
y from theE POINT OF
Paral l- e 1
t'i1l4 sElA
para11e1
\tl7 / 2 SEl./ 4parall e L
SWl/4
y of the
acres more
e instal- l-a-
property s ha 11
0 8rr W 30.00 feet along a line
yfnSection 6 to a point; theto and 130,00 feet WesterSection 6 to a point; the
/4 SEl,/4, said Section 6;paralJ-el- to and 6.60 feet SoutherlSWl/4 SEl/4, Section 6 to the TRUNortherfy boundany of the said
BEGINNING ; thence cont j,nuing
to and 6.60 feet Southenf
N.89o 53 r 08'r W 100.00 feet along a l-ineon the said Northerly boundar"y of the S
to and 100.00 feet NortheSEl/4
nce N,0o23t20tt E 106.60 feet along a line]y fnom the said Easterly boundary of thence S. 89o53r08rr E L00.00 feet along a liner1y from the said Northerl,y boundary of the
para11e1 to and 30.00 feet WesterfWL/2 SEI/4, Section 6 to the point
y fnom the saj.d Eastenly boundarof beginning. Containing 0.24
SectionBtoapoi
efa
nt; thence S,0o23r20rl W 106.60 feet along a line
To be used by the grantee for the dnilIin g, openation and rnaintenance of aplying $rater to the Municipal- Water
or Less.
water wel- f and pumpin
System of gnantee. F
above described pnem i
abandonment of , or th
g facilities for supailure to drill , ope rate and maintain said wel_1, on the
, or theses, within three yeans from the date hereof
tion and oper"ation thereoftion of the within gnant and conveupon the happening
a
of any of such
yance, and titLe to saidevents _. revert to th 6 6r:;+^;- +r-e 6r qr.ev- J, rr.
lure to supply r^7ater therefrom after thfor a period of three years sha1l cause a termina-
an sslgns .TO HAVE AND TO HOLD the gaid premises, with their appurtenances unto the said Grantc€and its lillld and assigns forever. And the said Grantor do es hereby covenant to andwith the said Grantee that treY are tho ownet€ in fee simple of said premises; that Srey are freefrom all incumbrancee except cu rrent taxes and assessments
and tlrat they will warrant and defend tho game from all lau{ul claims whatso€ver.
Dated:9cptcrtor 29r
-r
f975'
MERIDfAN PLACET LTD., a timited
RTIESt /tuBBv
a n r
OF IDAIIO, COUNTY OF
5r,
son
Part e
befone me, the undersigned,al.l-y appearede a general pantner 5T-87:eneral- partner" of MERIDIAI{artner who subscnibed said-.trument , and acknoriledgedd pantnershi-p name.
>'
ob
ep
1nsite
rN wrrNESS I^JHEREOT' r have hereunto set.my hand and affixeri *y orfi.r..tseal , the day and year in this certifi.cate firit ;t';";--;"iti;".+*-
otany,
i-i-r
Cbl or daho , R es1 ang a tB o].se,a o
I