1976 – Western Health Care Delivery Systems Water',76;?2,3?5
I,IATER EASEMENT I
THIS INDENTURE, made tn:s t4 day of .7,.,,-e ,1gfu
between WESTERN HEALTH CARE DELMRY SYSIIEUS. INC. . Norus. Inc.. William H.
F1 88;r-) Jr. ' Margaret Moulton, Rosemary Drake, Signa Treat
_, the parti€sof the first part, and
hereinafter called the Grantor_q and the City of -!EBLUEAN_, State of Idaho,
a municipal corporation, the party of the second part, and hereinafter
cal'led the Grantee;
l.lITNESSETH.
I.IHEREAS, the Grantor_q desire_ to provide a water right of way
across the premises and property hereinafter particularly bounded and
described; and
. WHEREAS, the water is to be provided for through an underground
pipeline to be constructed by the Grantee; and
IIHEREAS, it will be necessary to maintain and service said pipeline
from time to time by the Grantee;
NOt{, THEREFORE, in consideration of the benefits to be received by
the Grantor_li 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 'l ine over and across the foliowing
described property:
An Easement 15 feet ln width centered upon the following describedline:
Commenci"ng at the Southeast corner of Section 6, Township 3 North,Range 1 East, Boise Merldian, Ada County, Idaho and .rnrri.,g If. g9;2g,04,, W.i320.51 feet al-ong che southerly boundary of said section 6 to the southeastcorner of rhe SW 1/4 SE 7/q, Section 6;thence continuing N. g9o2gr06'r \rt. 26.52 feet along said Southerlyboundarv of secrion 6 to ihe TRUE porNT 0F BE.iNNTNG or rnE eesrurl.li; '
rhence N. 0"231 2O'.t E. 930.00 feer along a line paral.lel to and26.52 f.eet t,lesEerLv from rhe Eaorerly ro""a.iy-'ir the said iw-ilr.,-si--ii,,,Section6toapoiirt;
rhence N. 45o231 ZOtt E. 59,72 feet to a point;
Ehence N. O"Z3t2O'.' E. 432.64 feer along a line parallel to and15.00 feet EasEerrv from rhe said Easterly bo,rr,iary "r ti.-iw i74l-si"ira,secrl.n 6 Eo rhe porNT or ENDTNG OF TIIE EISEUENT, iaid polnt ueing s. 0023120,,w' 6'60 feer and s. ggo53i,gii E. 15.00 r".t rio, rhe Northeast corner of thesaid SW L/4 SE L/4, Secrion 6;
EXCEPTING IHEREFROM.aI1 existing rlght of way for U. S. Hlghway No. 30.
;.
The easement hereby granted is for the purpose of construction and
operation of a water 'l ine and allied facilities' together with their
maintenance, repair, and replacement at the convenience of the Granteer trith
the free right of access to such facilities at any and al1 'times.
T0 HAVE AND T0 HOLD, the said easement and right of way unto the
said Grantee, its successors and assigns forever.
IT IS EXPRESSLY UNDERSTOOD ANO AGREEO, bY And bCIWCCN thE PATtiCS
hereto that the Grantee will timely complete the work of laying the
water line and restore the premises used therefor to a condition comparable
with that existing prior to exercising this easement; that in making future
repairs the Grantee will expediently replace and restore the premises to
a condition comparable to that existent prior to undertaking such repairs
and repl acements.
THE GRANTORs hereby covenant- and agree- that !h-ry- wil l not place
or allow to be placed any permanent structures on the area described
for this easement which would interfere with the use of said described
easement for the purposes stated herein.
IT IS HEREBY FURTHER AGREED that the Grantors do_ hereby give and
grant to the Grantee the right to use during initia'l construction an
additional strip of land described as follows:
Tvo sErlps of land, each 10 feet ln erj.dth, adjacent to and on eitherelde of the above deecrlbed penoanenE eaaenent.
IT IS UNDERST0oD that the strip of land described in the previous
paragraph is for the purpose of constructing said vrater line herein described,
the same to expire when the initia'l construction is completed.
IT iS UNDERST00D and agreed that the Grantee will restore said strip
-2-
to a condition comparab'le to that existent prior to the understaking of the
construction of such sewer'line.
The Grantors do- hereby covenant with the Grantee thagJql --ar.e-
iawfully seised and possessed of the aforementioned and described tract
of land, and that ghel halea good and lawful right to convey said easement'
and that 3hey will warrant and forever defend the title and quiet possession
thereof against the lawful claims of a
IN HITNESS WHERE0F, thesaid.Par
subscribed rheir signatureg the day a
wESTERN itsALfii clnn DELTvERY
SYSTEMS,
11 persons whomsoever,
tlgof the first Part ha4:here
nd year first hereinabove writ
unto
ten.
Inc.
/4 nZZ,
F. LaMarr Heyrend, Pr es ldent Norman G. Fuller, Pres-dent
on M. Snlth, Secr ry
Iloulto
iam H. Figg .'
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Mar a
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emary ke
STATE OF IOAHO)
County of
on this U/k or (0AU.<.4^n rh eyear EZf -before
me the
undersigned, a Notary Public in and for said State, personal]y appeared-
F. LAMARR HEYREND. President and GORDON M qMTTIt qa. rai.. rri
)
known to me to be the person, whose names are sub-
scribed to the foregoing instrument,,and acknowledged to me that ghe;g
executed the same.
IN I/ITNESS [^JHERE0F, I have hereunto set rU hand and affixed rU
official seal the day and year first above written.
1.,..tii!d2;
S1,1.8," \ ?#.-*' : rti
T:l:'itt'i
,4 u.-
:
Notary Pu L I
Residing at
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fo e State
daho
a
NORUS, Inc,
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...,':'"i'. .l'..t-)5""'.-.
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I '-\eers
0cT2 01975
j-u r- h
H DAHOrlxi'a. i'
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STATE OF IDAITO )
) ss
COUNTY OF ADA )
On this
the undersigned, a Notary Publ
STATE OF IDAHO )
) ss
COUNTY OF ADA )
on this .t / aay ot
in the year L9/y', b"fore me
or- saj.d State, persopally appeared
O, Akl-.r*;t-!!L^- , d-o-.:-. of
,-4-A dav of
c
JvN
d.4*r<-
f
No rnan G. f'u11er, President and
Norus, Inc, known to me to be the persons whose names are subscribed to theforegoing instrument, and acknowledged to me that they executed the same.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed rny officialseal the day and year first above wrltten,
I
No v Pub
Residing at
Siate
$diho * -.-
rE
*,,i:i),., -: .,
",,1;'-,"': ;",. :,r.,':,'
'",.,:,,.,,,.."
-.geal !ly: iday and year firs t above wri t ten.
in the year 19fuj, before me
State, personally appeared
X" Jr., known to me to be
egoing instrument, and
hand and affixed my official
1 or the State of Idaho
Idaho
the undersigned, a Notary Public in and for said
...Rosemary Drake, Signa Treat, and Llilliarn H. Figga
, ,1 thg',persons whose names are subscribed to the for
. \ . :.:adli4pwl,edged to me that they exeeuted the same.
\i] LI ,?1" .t*',mrrus wnEREoF, r have hereunro ser my
rlf Ltl
r N v
Residing at
...':"""",i . r'.: . .,rflT4IF 98. WASHINGToN )) ss. ;; .._.-.9tii-{rr.r .o!:_ l( t t' t" '
"'. - .':, ii'1j i1,i'i).'. ;.. i
:,,.'..'..'
. On. this lt) day of
. ,^ ghe iri-rdersignet, a No Eary' I llargatet Moufton, known E
(t{tL in the year n/( a"tor".
Public in and for said State, personally appeared
o me to be the person whose n ame is subscribedto the foregoing instrument, and acknowledged to me that she executed the same.
rN wrrNESs wrIEREoF, r have hereunto set my hand and affixed ny offlcialseal the day and year f.irst above written.
aa,.,... -Jl Ln / l-t-tr**
for the State of Washington
Residing at Washington
I
Notary Publig
7
INFOR}IED CONSENT TO RELEASE OF RIGHTS UNDER
UNII'ORM RELOCATION ASSISTANCE ACT
water 1i
We have had explained to us by John 0. I'itzgerald, Attorney at La\" represent-
ing the city of lleridian, the fact that Economic DeveJ-opment Admlnlstratlon
Grant Funds havd been received by the Clty of Merldlan and, therefore' we are
entitled ro the benefil of the Uniform Rel-ocation Assi-stance and Real ProPerty
Acqulsitlon Pol"icies for tr'ederal and Federally Assisted Prograns. I{e have had
read and explatned to us by Mr. EitzSerald the uniform Real ?roPerty Acquisl-
!1onPollcyofsai..:Fed'eralActandourrightsthererrnder.I,Iehavehadex-
plalnedtousbyMr.FitzgeraldtheprovisionsoftheRelocationAssiatance
Actofthestateofldahoandourrightsthereunder.Wehavefurtherhad
expLalnetl to us that subsequent to our executiflg the
water line easement
the City of Meridi-an apProved Regulations Governing Rel-ocation Asslstance and
Real Property Acquisltlon and the prowisions thereof. Specifical'Iy' re have
had explained to us by Mr. FitzgeraLtl our rights to obtaLn an appralsal of the
value of oi.ir water llne easement
the right to accompany an apPralser during hls lnspection of our
water line easement , the rlght to have a wrltteo stateEent
and setting forth the
amount of our just comPensation therefor, a copy of the appraisers rePort to
determine just compensation, our right to requlre the city of Merj,dian to ac-
quire remaining portions of our lands if they were uneconomi.c relElants' t hlch
theyarenotrourrlghttohavetheCityofMerldianacqulretheLandby
negotiatlon, rather than condemnation, and our rlght not Eo have the Clty of
Merldi-an compel us ln a coerclve nature to coflvey
and our right to comPensation.
ldentifying our water line e
INFORMED CONSENT TO RELEASE - 1
the lrater llne easement
;
I
WE, the undersigned, have received corununicatlon from the CITY OF
MERIDIAN, a copy of which ls attached and pursuant thereto, executed a
-
After aLl of this exPlanalion, we hereby walve any rtghEs rmder the
Uniform Relocation Assistance and Real ?roPerty Acqulsition Policy for Federal-
and Federally Assisted Programs, our rights under the Relocation Assistance
Act of the State of ldaho, and h,aive our ll8hts under the Regulatlons Governlflg
Relocation Assistance Real Property Acqulsition of the CiEy of Meridian, eoacted
subsequent to the execution of our
We further waive all of our rlght to 'compensatlon for sald
\rater 1i.ne eas ement
and desire to support the City of Meridian Project No. 07-0L-01600 by the con-
tribution withou! compensation of our
\^'ater line easenent
the water llne eas exnent
to the Clty of Meridian.
WESTERN HEALTH CARE DELIVERY SYSTEMS, Inc.
Date3 \J U t'.9 I L97 6 t1_
/--24--
F. LaMarr Heyrend, Pr ldent
,C
r don M. Smith, Secretary
rman G. Fuller
l^Iilliam H. Fi EEA\
r Moulton
sena ry Dr
\
!\1'
cS 1gn reat t+
II'TO&\IDD CONSENT TO RELEASE - 2
lrater 1lne easement
Finally, we state that there was no busLness on our real proPerty of
which the easement granted was a Part, nQ personal- proPerEy which vas requlred
to be removed and no residence lrhl.ch was required to be removed as a reeul't of
I
Io consideratlon of financial assisrance rendered and to be rendered
by the Economic Development Adrninis tration, U.S. Departoent of Comerce, (here-
inafter called the ttGovernnent") for cons truction of
domestic lrater s uDDlv line an d aDDurtances
in Ada Coun I daho
the location of whieh is more particularly described oo Exhibit A attached
hereto and incorporated herein by thls reference, all or part of which will be
to the use and benefit of the described lands of Ehe undersigned, the under-
signed does hereby covenant and agree that iE, or a successor satlsfactory to
the Government, will retain Eltle to sald lands and to the facilltles to be
constructed thereon by the project for their useful 1ife, herein determined by
the parries to be _ -30__ yearsl and that such facilities w111 be devoted to
the pubJ-ic purpose for whi ch the Government assistance was rendered; and that
such faclliEies w111 provide servlce w'ithout dlscrimination to all persons
wlthout regard to thelr race, color, religion, sex or natLonaL orlgln' the
covenants and restrictions herein contalned shall rrm with the descrlbed land
and may be terminated or suspended during the tern hereof only upon the prlor
I,ritten consent of the Government.
Date:J-*, o q Le16 City of Meridian
(Nane of 0mer)
By W
M. Storey
Tltle: Mayor
COVENANT - 1
EDA Project No. .0 7:!l:0_L6.00__
COVENAN?
t,
65.
County of Ada
{1rr the year J22Z--,On thls 7 day of
personally apPeared known to
me (or-proved to me on the oath of )
ofco De Mayor (Et1e of the officer )
of MerldianCi ty
(Nane of private or publi-e corPorai ion, state agency,or political subdivlsion )
and acknowledged to ne that such Ci ty of Meridian
(Nane of private or public corPorat 10n,
state aSency,or poliEical s ub
executed the same.
di''rision)
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COWNANT - 2
STATE 0F Idaho
before ne Don M. Storev i ,alitY of the of fi cer)
MTHRYN A. M?PEAI
otrry Frblic ior ]il.ho
Residence, lr:rr:,1i.1n. ldlto
c o n nissio L' e x i, i " s - -l- ---/ *2?