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Water Easement with Gem Estates for West 7th Streetr . ~- ._ . . THIS I~aDc~~7URE, made thi s ! ~/~' day of /` ahc~.~ 19~>!, between s~~~ ~ t~~. , ~~.., ,. the parties of the first part, and hereinafter called the Grantors, and the City of t1ERIJIAtJ ,State of Idaho, a munieipa] corporation,. the party of the second part, and hereinafter called the Grantee; WITNESSETH. WHEREAS, the Grantors, 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 WHEREAS, ii: wii7 be necessary to maintain and service said pipeline from time to time by the Grantee; . HOW, THEREFORE, in consideration of the benefits to be received by .the Grantor ~ and for the sum of One Dollar ($1.00)-acrd other good and val4able consideration, the Grantor ~ do hereby give, grant and convey unto the Grantee the right of way for an easement for the construction, ~r ,•ation ~nd~ma-~tenance of a water. line over and ac:.~ss Lhe following described property: A strip of land 20 feet in width lying Easterly of and adjacent to the following described line. Qeginning at the tlorthwest corner of the SE 1/a of Sectior. 12, Tovrnship 3 north,. Range 1 best, 33oise t•Seridian, nda County, Idaho; thence Borth 89°4b'23" mast 165.00 feet along the Northerly boundary of the said SE 1/4 of Section lZ, vrhich is also `he center line of test Pine Avenue, to a point marking the REAL POISJT OF EEuIrd,1I{+G; tr~ence South 0°00'00" t•:esi 660.00 feet to a point on the center line of ::est Eroadway Avenue, vrhich i~ also`the point of ending of the above described permanent water ,~ _ r~ _ _ -__ The easement hereby granted is for the purpose of construction and operation of a water line 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 all times. TO HAYS AND 70 NOLD, the said easement and right of way_unto the +~ said Grantee, its, successors and assigns forever. IT IS EXPRESSLY UNDERSTOOD AtJD AGREED, by and between the parties hereto that the Grantee grill timely complete the work of laying the water line and restore the premises used therefor to a condition comparable kfith 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 replacements. TtiE GRANTORS hereby covenant and agree_ that ,hex will 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 hERE6Y FURTHER AGREED that the Grantors do_ hereby give a!:d grant to the Grantee the right to use during initial construction an additional strip of land described as fo]lows: A strip of land 10 feet in width lying Easterly of and adjacent to the above described permanent water easement. .~ IT IS UNOERST000 that the strip of land described in the previous Dh i5 fQt' thA ~t1rDAGP of rnnetrurtinn eai~ ~-atnr line herein .Ie~r~ ~~ .. ~. i 3, ~~ ,~ to a condition comparable to that existent prior to the understaking of the construction of such water line. The Grantors do~ hereby covenant with the Grantee tha~he y arm lawfully seised and possessed of the aforementioned and described tract of •l and, and that ~+he~ ha~ea good and lawful right to convey said easement, and that their will warrant and forever defend the title and quiet possession, thereof against the lawful claims of all persons whomsoever. IN WIT"lESS WHEREOF, the said.partiesof the first part ha~ehereunto subscribed their signatures the day an+i yea,,//r first hereinabove written ,,. ~ f j . ~ _~, .,:. STATE OF IDAHO) - County of On this day of ~~-~ in theyear 19~, before me the. - undersigned, a Notary Public in and for said State, personal^ly/ appeared • ~~~~ 5~7.~nrZ~~a ~d, ~c. , known to me to be the persons whose names arA sub- scribed to the foregoing instrument, and acknowledged to me that „they, executed the same. .- IN WITNESS WHEREOF, I have hereunto set my hand and affixed my offtCial ,sEal~..the day and year first- above written. ;~, :. ;• . • ~} ~. INFOFu`U:D COtiS'r'td2 TO RELEASE OF RIG~FTS UNDER UNIFORM RELOCATION ASSISTANCE AGT • WE, the undersigned, have received communication from the CITY OF MEp.IDIAN, a copy of which is attached and .pursuant thereto, executed a water line eaGeai _n • We have had explained to us by John d. 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 Uaiforra Relocation Assistance and Real Property Acquisition Policies for Federal and Fsdezally Assisted Pzograms. We have had read and explained. to us by Mr. Fitzgerald the Uniform Real-Property Acquisi- tioa Policy of said Federal Act and our rights thereunder. We have had er- plained to us by Mr. Fitzgerald the provisions 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 easement ~ the City of Meridian approved Regulations Governing Relocation Assistance and Aeal 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 oLr ~ water line easement ~ , the right to accompany an appraiser during his inspection of our water line easement , the ri&ht to have a written statement identifying our water line easement 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 Iands if they were uneconomic remnants, which . • + . After alI of this expla:iation, we hereby waive any rights under the Uniform Relocation Assistance and Real Property Acquisition Policy for Federal ~-nd 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 heal Property Acquisition of the~City of Meridian,. enacted subsequent to the execution of our _ water line easement We further waive all of our right to compensation for said •w~ter line easement and desire to support the City of Meridiaa Project No. 07-01-01600 by the con- tribution without compensation of our• water line easement . Finally,. we state that there was no business on our real property of which the easement granted was apart, nq personal property which was required to be removed and no residence which was required to be removed as a result of the water line easement ~-,• to the City of Meridiaa. ~ Xv ~~~-~-~i `~`'`~ a e: u'~c~ ..-~ ..__..._ _._. '"197 -- ---- ~ • ;~ ~ D t , ~ _ ,~ - - f ~ . ~ ~ . ~% ~~ I _.:. _ _ ., ~" ~ ~ ~_.~ ,i j EDA Project No. 07-O1-OI600 ~, COVENANT In consideration of financial assistance rendered and to be rendered by the Economic Development Administra~ion, U.S. Department of Commerce,~(here- inafter called the "Government") for construction of domestic water distribution line and avnurtenances ~ _ SE,1J4 of Section ?2 Tormship~ ~ or h Ran A ~ ,, ~ 1 '•, a c t~ X015 0 ~' P•~" i erl cair- the location of which is mare particularly described on Exhibit A attached hereto and incorporated herein by this reference, alI 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 Governa~.ent, 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 written consent of.the Government. Date .s? ~ , 1$7 ~ _ City of Meridian (Name of Owner) • By. ,~ ~ Don :f. Storey \ . .. '{ 'I a STATE OF IDAHO . 68. County of Ada ~~ i' On this g day o ~'~ is the year /~17~ , before me the undersi ed (here insert the name and quality of the officer) personally appeared Don M. Sao e , known to me (or'proved to me on the oath o ~ to be Mayor of (tit of the officer) Cit o£ Meridian (Name of private or public corpo ation, state agency, or political. subdivision) r~.nd acknowledged to me that such Cit of Meridian (Name of private or public corporation, • ~ executed the same. state agency, or political subd vision) ,:t ~~ ^,~ • ~.. i ::- ; , ~, ~, ~ •• KATHRI'h A. ffr,PEAK '~ Notary Public for Idaho • . •. ~ • ' " ' Residence, Yieridian, Idaho 1 r •i `~ Commission expires :(~ fZ ,~ I ~{ a ~ I Ill III r N O ~ rn ti z 0 n 0 4 o O y ~ ~ c m M c N 0 ~ l0 19 ~ N . .- '~ ,~ ~~ ~ ~~~ _~ f D ~. ct~ -. .. _..._.~. ,,- WEST . . ,~- •-. .. ..~ .. -. •~ T~.. .. A ~ ~o { ~ -, -p o =, -. O -,, N~ ~. In ~ 3 ~ ~ ~ O ~ Q sp ~~ .` J -- -.._._.... ~:ti_ P t_NEY._ - ----.~-. _. ~ ..~.- ---...AVENUE , 20.001 ,-;' ~ ~ ~ ~ ~~ , . , ~ .. ~ ., ' .. ~~ ; 1 i ~ ~~ ''•, x f! t. ~• i `~ ~ s~ i ~ ~. 3 0 - ~ ~'' ; ,- o t .i tsl ~, °- ~ J L m - s ., aC ~ ~ ,ti / / ~ ~i 3 20.001 ! =--' ~ ~t ' ~~ ' t ~ ; - ~,:~ -. _ _ `- • ;WEST ~`'• BR4ADWAY~. ----~ ~_l~-,, ---A~Et.UE 1 ,' ., i ~.''t , r}4't t ~ ~'} • ~ '~' % ~ -' - -~ C~ _ r _. _ .. .. -._.- _ _---- --------- ...A.. , . . ~ i ._ '; i .J-U-B ENGINEERS, INC. X03 FranY,iln-{load - Botse, idano s3ZOS Project: 9165-4 Date: Ockober 3, 1975 DESCRIPTION FOR 20 FOOT PER,4iANENT WATER EASEMENT FOR GEM ESTATES, INC. A PORTION OF THE SE1/4, SECTION I2, T.3N., R.1W., B.M., ADA COUNTY, IDAHO A strip of land 20 feet in width lying Easterly of and adjacent to the following described line: Beginning at the Northwest corner of the SE 1/4 of Section 12, T.3N., R.1W., B.M., Ada County, Idaho; thence North 89°46`23" East 165.00 feet along the Northerly boundary of the said SE 1/4 of Section 12, which is also the centerline of West Pine Avenue, to a point marking the REAL POINT OF BEGIPINING;~ thence South 0°00`00" West 660.00 feet to a point on the centerline of West Broadway Avenue, which is also the point of ending of the above described permanent water easement. 10 FOOT TEI~ORARY CONSTRUCTION EASEMENT A strip of land 10 feet in width lying Easterly of and adjacent to the above described permanent water easement. Prepared by: J-U-B ENGINEERS, Inc. Gary L. Rodenspiel, L.S. DMP/JDW:cab Ada County, )dai,o, ss, Ry~e jque~~st of ~' '~' TINS"' ~-~ ~. • DP.TE S-~ 7- 7fo CL.AitEf:C~ A. PtAKTiPdQ R£ ORG=~ By Deputy ~~9~J