Easement for Water Line and Access Roadway with Cook, Edith, Meridian Investors, Inc., Stanley, Keith, and Stanley, Delia Jacqueline for Domestic Well No. 9 Water~s~oz~2.
.. - ;
EASEf•1ENT FOR riATER LINE
' ANO ACCESS ROAGWAY
THIS INDENTURE, made this ~ ~~_ ~ '
.~ day of~l~,._2, .r 1975,
between ~~ ~~_(', ~-,Q/Pferidian I=,vestors, Inc., and Keith Stanley dnd Delid
the party of the first part, and hereinafter tailed the Grantor ~ Jacqueline Stanley
and the.City of Fieridizn, State of Idaho,amunicipal corporation,
the party of the second part, and hereinafter called the Grantee;
WITNESSETFI.
WHEREAS, the Grantor desires to provide a crater right of way
across the pre,:~ises 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
WHEREAS, the Grantor desires to provide an access roadway to a
well site owned by said Grantee; and
WHEREAS, it will be necessary to maintain and service said pipeline
from time to time by the Grantee;
NOW, THEREFORE, in consideration of the benefits to be received
by the Grantor and for the sum of One Collar ($1.C0) and other good. and
valuable consideration, the Grantor does her?by give, grant and convey
unto the Grantee the right of way for an easement for the construction, '
operation and maintenance of a water line and an access roadr~ay over and
across the following described property:.
A strip of land 30.00 feet in width centered on the foTloo-ring described
line.
Commencing at the South one-quarter corner of Section 12, T.3N., R.1W.,
B.M., Ada County, Idaho and running 5.89°33'18" E. 178.20 feet along the South-
erly boundary of the SE of said section 12 to a point;
thence N.0°34'05" E. 25.00 feet along a Tine parallel to and 178.20 feet
Easterly.~from the Westerly boundary of the said SE ;, Section 12 to the TRUE
POINT OF BEGI"I~tING OF THE EASE~1EiJT;
thence continuing N.0°34'05" E. 375.72 feet along a line parallel to and
178.20 feet Easterly from the said Westerly boundary of the SE '.;, Section 12
to the POINT Of ENDING OF TIfE EASE(4EWT.
i ,
The easement hereby granted is for the purpose of construction and.
operation of a water line, access roadway and allied facilities, together
with their maintenance, repair, and replacement at the convenience of the
Grantee, with the. free right of access to such facilities at any and ali
times.
TO HAVE AND TO HOLD, the said easement and right of way unto the
said Grantee, its successors and assigns forever.
IT IS EXPRESSLY UNDERSTOOD AND AGREED, by and between the parties
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, including existing
gravel roadway; 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 replacements.
THE GRANTOR hereby covenants and .agrees that he_ will not ptace
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 Grantor does hereby give
and grant to the Grantee the right to use during initial construction an
additional strip of land described as follows:
An additional .s trip of land 20.00 feet in width lying Westerly from
and adjacent to the Westerly boundary of the above described permanent
easement.
1
IT IS UNDERSTOOD that the strip of land described in the previous
paragraph is for the purpose of constructing said sewer line herein
described, the same to expire when the initial construction is completed.
IT IS UNDERSTOOD and agreed that the Grantee wi71 restore said
strip to a condition comparable to that existent prior to the undertaking
of the construction of,such sewer line. .
The Grantor does hereby covenant with; the Grantee that he_ is
lawfully seised and possessed of the aforementioned and described tract
of land, and that he_ has a good and lawful right to convey said easement,
and that he will warrant and forever defend the title and quiet possession
thereof against the lawful claims of all persons whomsoever. Upon
extension of South 12th Street, as a public right of way, these easements
shall become null and void.'
IN WITNESS WHEREOF, the said party of the first part has her2urto
subscribed_ signature_ the day and year gg~~rsf! hhereinabove writ*~n.:'
('1~ ~'
~~i _c~Y' ~~`Q-~ ~ gt~: ~ syvL.~-l1~///~IZ~:+-[~.~'~= '1Qrs5.
~•--
STATE Of I DA~)~~ ~ ` ~.
V/
County of-Ada-- )
~ /'
On this ~ day of ~/~,~-~~ in the year 797E before me the
und/e/_r}j$/~'f~gJneyd, a Notary Pub]iC in and for said State, personally appeared
known to me to be the person_ whose name. subscribed to the foregoing
instrument, and acknowledged to me that~l he_ executed the same.
IN WITNESS WHEREGf, I have hereunto set RlY hand and affixed my
official seal the day and year first above written.
Notary PubTic,. or the
State of Idah9~
Residing at,'~~.~-.o,/!,~_Idaho
3..
STATE OF IDAHO)
COUNTY OF ADA )
On this ? 7~=~ day of /j{ //I in the year 1976, before me, the under-
si)g~ned, a Notary Public in amend for the State, personally appeared
-KP./~!i SrN/7~P / rwc~ 11 •~tn 1 Sri: ~~rl/ham .S+n,+~tv
known to me to be the person whose name
~ ~ r7/1'r~ subscribed to the forevoing
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 first above written.
TARY PU LIC for the TATE OF IDAHO
_ ~ ~'
' Residing at ~oi~Sc Idaho
Commission expires Z~U/~A
i.
STATE OF IDAHO)
COUNTY OF ADA ) Q
On this ~ day of ~L, 1976, before me, the undersigned, a
Notary Public in and for said State, personally appeared James M. Barnes
and John 0. Fitzgerald, known to me to be President and Secretary, respec-
tively of MERIDIAN IWESTORS, Inc., a corporation, and who subscribed said
corporation name to the foregoing instrument, and acknowledged to me that
they executed the same in said corporation name.
IN WITNESS THEREOF, I have hereunto set my hand and affixed my official
seal, the day and year first above written.
NOT Y PUB C for the•STA :. F IDAHO
Residing at ,~.yLcdt-ey-~ Idaho
Commission expires _~'/4''7~
~.
INFOPu~D CONSENT TO RELEASE OF RICIITS L'NDF.R
UNIFORM RELOCATION ASSISTANCE ACT
WE, the undersigned, have received communication from the CITY Or^
MERIDLAN, a copy of which is attached and pursuant thereto, executed a water
line, roadway and temporary construction easements and well site
We have had explained Lo us by John 0. Fitzgerald, Attorney at Law, represent-
ing the City of Meridian, the fact that Economic Development Administration
Grant Funds have been received by the City of Meridian and, therefore, we are
entitled to the benefit of the Uniform Pelocation Assistance and Real Property
Acquisition Policies for Federal and Federally Assisted Programs. We have had
read and explained to us by Mr. Fitzgerald the Uniform Real Property Acquisi-
tion Policy of said Federal Act and our rights thereunder. We have had ex-
plaiaed to us by Mr. Fitzgerald the proti-isions of the Relocation Assistance
Act of the State of Idaho and our rights thereunder. We have further had
explained to us that subsequent to our. executing the water line, roadway
and temporary construction easements and well site
the City of Meridian approved Regulations Governing Relocation Assistance and
Real Property Acquisition and the provisions thereof. Specifically, we have
had explained to us by Mr. Fitzgerald our rights to obtain an appraisal of the
value of our easements and well site ,
the right to accompany an appraiser during his inspection of our
• easements and well site , the right to have a written statement
identifying our easements and well site and setting forth the
amount of our just compensation therefor, a copy of the appraisers report to
determine just compensation, our right to require the City of Meridian to ac-
quire remaining portions of our lands if they were uneconomic remnants, which
ti
they are not, our right to have the City of Meridian acquire the land by
.negotiation, rather than condemnation, and our right not to have the City of
Meridian compel us in a coercive nature to convey the easements and well site ,
and our right to compensation.
INFOR.`SEll CONSENT TO RELEASE - 1
After all of this explanation, we hereby waive any rights under Lhe
Uniform R.elocatien Assistance and Real Property Acquisition Policy for Federal
and Federally Assisted Programs, our rights under the Relocation Assistance
-Act of the State of Idaho, and waive our rights under the Regulations Governing
Relocation Assistance Real Property Acquisition of the City of Meridian, enacted
subsequent to the execution of our water Line roadway and remnora,t
cons t r.~c-
tion easements and well site
We further waive all of our right to compensation for said easements
and will site
and desire to support the City of Meridian Project No. 07-O1-01600 by the con-
tribution without compensation of our easements and well site
Finally, we state that there was no business on our real. property of
it
which the easement granted was a part, no personal property which was required
to be removed and no residence which was required to be removed as a result of
the easements and well site
to the City of Meridian.
Date: ~d r~ ~_ , 197 6
INFOR:•1CD CO~SE,iT TO .RELEASE - 2
r.:~ 'i;"~,.~.c.~i,., /fir .,,.~, ~CCS.
'~/
EDA Project No. ~,L O1-01600
C O V E N A N T
In consideration of financial assistance rendered and to be rendered
by the Economic Development Administzation, U.S. Department of Commerce, (here-
inafter called the "Government") foi construction of
domestic water supply line and appurtances
is P.da County, Idaho,
the location of which is more particularly described on Exhibit A attached
hereto and incorporated herein by this reference, all or part of which will be
to the use and benefit of the described lands of the undersigned, the under-
signed does hereby covenant and agree that it, or a successor satisfactory to
the Government, will retain title to said lands and to the facilities to be
constructed thereon by the project for their useful life, herein determined by
the parties to be 30 years; and that such facilities will be devoted to
the public purpose for which the Government assistance was rendered; and that
such facilities will provide service without discrimination to all persons
without regard to their race,. color, religion, sex or national origin. The
covenants and restrictions herein contained shall run with the described land
and may be terminated or suspended during the term hereof only upon the prior
wzitten consent of the Government.
Date: ri' ,g~~ , 197 City of .Meridian
(Name of Owner).
B ,
Y=
on M. Storey
.. Title• Mayor
COVENANT - 1
~.... ~ ,
..
STATE OF Idaho
ss.
County of Ada
On this ~~ day of ' ,-, • in the year /~ 7 L ,
before me __ 8 Z'!~e uHG/ r S ~ n ~ c~
(here insert the name and quality~f the officer).
personally appeared Doti ~. ~~,,.~.. _ , known to
me (or"proved to me on the oath of )
to be Mavor of
' (title of the officer)
_ Citv of Meridian
(Name of private or public corporation, state agency, or political subdivision)
and acknowledged to me that such _ City of Meridian
(Name of private or public corporation,
executed the same.
state agency, or political subdivision)
.. ~
IfATHRYR q, Pdcr'EAK
Kotary PnhNc for Idaho
ResiAenca, kieridian, Idaho
Oommtssion espires_k_l.~.:z„?
I.
,.
J-~-B ENGINEERS, INC.
Project: 9165-1
7 Franklin Road . BOIN, Idano 83705 ,
DESCRIPTION OF 'vTELL SITE
CITY OF MERIDIAN DOMESTIC WELL N0. 9
A portion of the SW 1/4 SE 1/4, Section 12, T.3N., R.1W., B.M.,
Ada County, Idaho, more particularly described by metes and bounds as
follows•
Commencing at the South one-quarter corner of Section 12, T.3N.,
R.1W., B.M., Ada County, Idaho, and running North 0°34'05" East 25.00 feet
along the Westerly boundary of the SE 1/4 of said Section 12 to a paint;
thence South 89°33'18" East 193.20 feet along a line parallel to and
25.00 feet Northerly from the Southerly boundary of the said SE 1/4,
Section 12 to a point;
thence North 0°34'05" East 275.72 feet along a line parallel to and
193.20 feet Easterly from the said Westerly boundary of the SE 1/4,
Section 12 to the TRUE POINT OF B%GINNI*_tG;
thence continuing North 0°34'05" East 100.00 feet along a line parallel
to and 193.20 feet Easterly from the said Westerly boundary of the SE 1/4,
Section 12 to a point;
thence South 89°33'18" East 114.00 feet along a line parallel to and
400.72 feet Northerly from the said Southerly boundary of the SE 1/4,
Section 12 to a point;
thence South 0°34'05" West 100.00 feet along a line parallel to and
307.20 feet Easterly from the said Westerly boundary of the SE 1/4,
Section 12 to a point;
thence North 89°33'18" West 114.00 feet along a line parallel to and
300.72 feet Northerly from the said Southerly obundary of the SE 1/4,
Section 12 to the point of beginning.
,,J-LJ-E3 ENGINEERS, INC 303 Fran411n f7oa0 - Bol,., ~Aahb 83705 ~
Project: 9165-1
M~tIDIAN WELL N0. 9 '
PERMA*IENT WATER LINE AND
INGRESS-EGRESS EASEMENT
A strip of land 30.00 feet in width centered on the following described
line:
Commencing at the South one-quarter corner of Section 12, T.3N.,
R.1W., B.M., Ada County, Idaho, and running South 89°33'18" East
178.20 feet along the Southerly boundary of the SE 1/4 of said Section 12
to a point;
thence North 0°34'05" East 25.00 feet along a line parallel to and
178.20 feet Easterly from the Westerly boundary of the said SE I/4,
Section 12 to the TRUE POINT OF SEGINNIi:G OF THE EASEMENT;
thence continuing North 0°34'05" East 375.72 feet along a line parallel
to and 178.20 feet Easterly from the said Westerly boundary of the SE 1; 4,
Section 12 to the POIPI'1' OF ENDING OF THE EASEMENT.
TEMPORARY CONSTRUCTION EASEMENT.
An additional strip of land 20.00 feet in width lying Westerly from
and adjacent to the Westerly boundary of the above described permanent
easement.
Ada CcunN, tAah~, §,,.
Request of ~~
TT td3o
Dg7E a`~- .?7 7L
CLARENCE q, p~NTtNG
RE RDc'R
~_~~
~~yi~ 6,
•` ~ '7620280
~'or ~'nlur+ i:eaived
Meridian Investors, Inc.. Edith L .Cook, and Keith Stanley and
the rntcrs delia Jacqueline Stanley
S:- • do herety grant, hargair., soil and cottvc}' untJ thr- ~?ty Of t4eriJian
the gr^ntcr:5 , ;v4osa currettt adJress is 728 ~]eridian Street, h ~: ^
P'er; Tian, Ida o f;,,,,G_
the fail~t~•ing de_cril~a~, pren::a-~, is Add
. County Idaho, Lo-u•Et:
P. portion of the SW SE Section 12, T.3N., R_141., 8.1~., Ada County, Idaho,
more partia,lariy described by motes and bounds as follo~.rs:
. ComTencing at the °outh one-G:Larter corner of Section 12, T.3i:., R.1'rr„
3.Et•, Aga Goo.^.*-y, Zda~o and rcnning M.0°34'05"E. Z5."v0 fees along the :~;t~rly
.~,oundar~ cf the SE 'c cf said Section 12 to a point;
thence S.~4°33'lE" E. i43.2G feet along a line parallel ~o and 25. C0 feet
Nor•ther•ly frc^! the Sou;.he!Ty bounoary of the said SE >;, Section 12 to a point;
thence N.0`34'OS" E. 275.72 feet along a lire parallel to and 143._0 feet
Fasterly fro;; the said t•:csterly boundary of the SE `:, Section I2 to the 7~uE
FOINi Or 3EGIiiPlaw;
t}:eice continuing ti.0°34'05" E. 100.00 feet along a line parallel to and
193.20 fee: Ea;ter:y fro:^ the said westerly boundary of th=_ SEA-., Sectiorr 12
to a poir.±;
thence 5.64°,3'18"t. 114.00 feet along a line parallel to and ^OO.Z2 fee*_
Northerly frc!r. the said Southerly boundary of the SE Section 22 to a point;
thence 5.0°34';?5" tL 100.00 feet along a line oaraTlel to and 307.20 feet
Easterly from the said '.iesterly boundary of the SE -;, Sectior. 12 to a point;
thence N.89°33'?8" w, 114.00 feet along a Tire parallel tc and 300.72 feet
Northerly iron the said Southerly boundary of the SE 4, Section 72 to a point
of becin:ring.
TO HA\'i A~'77 TO iiOLD the said premises, wiin their apputtr:nances unto tie said Gran'._~
its successors kRi~-~ and assig:ts farecer. Ard the said Granters do Hereby cot•ena: ~ to and
vrith tt,e said C.rar:tee s, fiat they are the owner; in fee single o; said premises; tt:at they are r;•L~:
from atl incumaranczs
and t1:ar'., .ffiey„, will warrant and defend tl:e same from aI] ]a::-iu1 claims whatscevcr.
~.
Tixt<•d:_' Apr]., ~5~j~ 1976. .
MERIDIAiJ INVESTORS, INC.; an Idaho Corp. ~f(:.,; ~"-:~.t,,~~_ 1 J c _
avg.-~./%~;~~~,~:~'~1; .~~2-~zr.-~~' Pres. ~.L; ~C _.(/ ij~ j
:TOTE. OF I:)AiiQ, CGG`:1Y bF'l~/~~•~
un thin °~ dsy of ~rr`-'ct~ .1s ~6
bt!oremc,a~;a:o uti~ '
p c :a and tot L~° iuid Starr, ycs-
trnatty appest(d
' .C~ ~ "
lto~a to Hie W ue ;.4r prnon +rhoa° name .-'-a--
•4.~(:rIF!C3 t0 tLa '[7;f:: fi Ir,Rrl'ra(L;, and acKraittlt7
-P! !O
.r.~ tSat - ~~'yG+z~- ,
azrreuted t1u arare.
_
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Rr•i,bry at
<...~ ,~. ~ , Iciahn
t'n n9L f. Yt,I-.a
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-
SIA7E OP [G.ta[), i6U:;T~ 4F ~ ~--
! Les.~y (er;ilf tbsL this iastr
u
m
e
n: wss ~!.xi :cr r+eard n[ ~ "f
,
~~
yy
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rh: requ~a:•,! ~ ~/~~/t.CeCc-s~~,.~ .
at ~ a p,!uatta y:.s: g o't1orY ~-~f.,
`it C
'''
then ct 7~ day o! "I74¢.,-f
'~
79
!in my oEitc, and du!y rctorded to ~ovk r% ""~
r,! 1)aoda aC Pr,;o
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ti-Uwuo F •wrncr
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gy~~~rcrJ si ~~~'
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O~ LcPuty.
F't(r i~ ~
:.I~!1 tu:
-T7-~---------------i
~'
STATE OF IDAHO)
COUNTY OF ADA )
On this 2 7+4 day of i~ in the year 1976, before me, the under-
signed, a Notary Pub13/c inn an for the State, personally appeared
~eL~h ti~nnle.~ Js Lc:/%Qy~Ynr.rlitiy~_~ ~~.~eJ
known to me to be Tthe~~pe"rs~-ony whose named are subscribed to 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 first above written.
`, . , ~ 7
`~~ N TARY Pti LIC for the S TE OF IDAHO
,.
-- Residing at ~~ i~ . Idaho
•.,o Commission expires _Z I~I~7A
STATE OF IDAHO)
On this. s _ day of ~ r; / , 1976, before me, the undersigned, a
Notary Public in and for said State, personally appeared James M. Barnes
and John O. Fitzgerald, known to me to be President and Secretary, respec-
tively of MERIDIAN INVESTORS, Inc., a corporation, and who subscribed said
corporation .name to the foregoing instrument, and acknowledged to me that
they executed the same in said corporation name.
COUNTY OF ADA)
IN WITNESS THEREOF, I have hereunto set my hand and affixed my official
seal, the day and year first above written. /~
~C .
NO ARY PUB C for the STATE OF IDAHO
• Residing at yj1/~4.t~ecirc,~ Idaho
• Commission expires ~s•''7~J