Water Easement with Meridian Place, LTD. for Water Line Construction and Access• • • i
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WATER EASEMENT ,. ~~ -
.THIS INDENTURE, made this :"9tb. day of Septeaber 1875,
MERIDIAN PLACE, LTD., a limited ~artnershi~,
between ~X~.x~~c~~~~~~X~X~~~~.~~x~~~~x
the parti~sof the first 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
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, it will 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 Grantors, and for the sum of One Dollar ($1.00) 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 property:
An easement 60.00 feet in width centered upon the following des-
cribed Iine:
Commencing at the Southeast corner of Section 6, Township 3 North,
Range 1 East, Boise Meridian, Ada County, Idaho and running N. 89°28'06"
W. 1320.51 feet along the Southerly boundary of said Section 6 to the
SOutheast corner of the GW 1 /~ cF 1 /~ ce..~; ..., c .
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. 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 rig:~t of access to such fac-lities at any and all times. - .
TO HAVE AtyD T4 HQLD, the said easement and right of way unto the
said Grantee, its successors and assigns forever.
IT iS EXPRESSLY UidDERST00D A~dD AGREED, by and between the parties
hereto .that the. Grantee rii11 tia~ely complete the work-of 1ayTng the
water~)ine 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 replacements. ~ -,
THE GRAhTORs hereby covenant and agree that ~hey_will not place
or allow to be placed any permanent structures on the area described -
for this easement which ti~~ould 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 initial construction an
additional strip of land described as follows:
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to a condition. comparable to that existent prior to the under-
. taking of the construction of such sewer line.
The Grantors do hereby covenant with the Grantee that
they are lawfully seised and possessed of the aforementioned and
described tract of land, and that they have a good and lawful
right to convey said easement, and that they will warrant and
forever defend the title and quiet possession thereof against the
lawful claims of all persons whomsoever.
IN WITNESS WHEREOF, the said parties of the first part
have hereunto subscribed their signatures the day and year first
hereinabove written.
~' MERIDIAN PLACE, LTD., a limited
. ~ partnership
• By ADA-WEST PROPERTIES
the general partner
- BY
Partner
State of Idaho )
ss.
County of Ada )
On this 29th. day of SePte~aber , 19 7 5 , before me , the
undersigned, a notary public in and for said State, personally
' appeared EARL L. HARMON , known to me to be a
general. partner of ADA-WEST PROPERTIES, a general partnership, the
. general partner of MERIDIAN PLACE, LTD., a limited partnership, and
the partner who subscribed said limited partnership name to the
foregoing instrument, and acknowledged to me that he executed the
same. in said limited partnership name.
"~ IN WITNESS WHEREOF, I have hereunto set my hand and affixed
my official seal, the day and year in this certificate first above
written. "
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~• INF+ORMED CONSENT TO RELEASE OF RIGRTS UNDER
~• tRQIFORM RELOCATION ASSISTANCE ACT
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W8, the undersigned, have veceived communication from the CITY OP
MERIDIAN, a copy of which is attached and pursuant thereto, o e
a well site and water line easement
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We have had explained to us by 3oha 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 Relocation 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-
lion Policy of said Federal Act and our rights thereunder. We have had ex-
plained to us by Mr. Fitzgerald the provisions of the Relocation Assistance
Act of the State of Idaho and ouz rights thereunder. We have further had
ticplained to us that subsequent to our offering the well
site and water line easement - ,
- -the. City of Meridian approved Regulations Governing Relocation Assistance and
-Real Property Acquisition and the provisions thereof. Specifically, we have
Lad explained to us by Mr. Fitzgerald our rights to obtain an appraisal of the
value of our site and easement •
the right to accompany an appraiser during his inspection of our
-.site and easement , the right to have a written statement
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identifying our site and easement and setting forth the
amount of our just compensation therefor, a cogy of the appraisers report to
' determine just compensation, our right to require the City of. Meridian to ac-
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After all of this explanation, we hereby waive any rights under the
Oviform Relocation 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 uoverning
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Relocation Assistance Real Property Acquisition of the City of Meridian, enacted
subsequent to the ~~~~~~ offer of our well site and water line
easement ~ '
We further waive alI of our right to •compensation for said well site and '
water line easement
and desire to support the City of Meridian Project No. 07-01-01600 by the con-
.- tribution without compensation of our well site and water line easement
Finally, we state that there was no business on our real property of
which the easement granted was apart, no personal property which was .required
.to be removed and no residence which was required to be removed as a result of
~th4 well site and water line easement
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to the City of Meridian.
D~*.e: 3epteyber 29, , 19T~5
MERIDIAN PLACE, LTD.; a limited
partnership ,
By ADA-WEST PROPERTIES
the general partner ••
~y o~
Partner
XXXXXXXX~~~~xXxxxxStxxxxxxxxxxxxxxxx
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-' EDA Project No. 07-02-01600
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- COVENANT -
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. ht consideration of financial assistance rendered and to be rendered
by the Economic Develogment Administration, II.S. Department of Commerce, (here-
. iaafter called the "Government") for construction of -
• domestic water distribution line and app„~rtenances
is -
~--a
- the location of which is more .particularly described oa 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 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 w•~11 provide service without~discrimiaation to all persons
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. without regard to their race, color, religion, sex or national origin. The
covenants and restrictions herein contained shall run with the described land
sad may be terminated or suspended during the term hereof only upon the prior
written consent of the Government. - ~'
Dates ~7,~ , 197 6 City of Meridian -
. ~ (Name of Owner) •
- Bys V VI' ~
bon M. Storey
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. STAVE OF IDAHO ~ -
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Countp of Ada
On this day of r.'~ in the year ,
before me the undersigned -- •
(here insert the name and quality of the officer)
personally appeared Don M. Storey Iazown to
me (or proved to me oa the oath of ~ •
to be Mayor •_- of
(title of the officer) .
• City of Meridian
(Name of private or public corporation, state agency, or political subdivisicn)
• end acknowledged to me that such City of Meridian
• (Name of private or public corporatian,
• ~ executed the same.
•~ state~ageacy, or political subdivision) '. •
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~• ~ g ~. ~ • ~ . . ~' • , KATHRYN A. McPEAK .
., .. ~ ~. _ Rotary Public far Idaho ~ _
•,'e,w., l ~•••ttC :•`.`` s + ~' - Residenw, tde-idisn, Idaho
/t a` Commission expirea_4_!~ .1?
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.J-~-~ ENGINEERS. lNC. sgca R.sRk++n aoae - eow. ldano ea~cs
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DESCRIPTION FOR
A 60 FOOT PERMANENT WATER EASEMENT
FOR MERIDIAN PLACE LTD
A PORTION OF THE SW 1/4 SE 1/4, SECTION 6,
T.3N., R.lE., B.M.,
ADA COUNTY, IDAHO
Commencing at the~Southeast corner of Section 6, T.3N., R.lE.,
B.M., Ada County, Idaho and running North 89°28'06" West 1320.51 feet
along the Southerly boundary of the said Section 6 to the Southeast
corner of the SW 1/4 SE 1/4, Section 6;
- theace North 0°23'20" East 1304.15 feet al~~ng the Easterly boundary
of the said SW 1/4 SE 1/4, Section 6 to the TRUE POINT OF BEGINNING
. OF THE EASEMENT;
thence continuing North 0°23'20" East 6.60 feet along said Easterly
boundary of the SW 1/4 SE 1/4, Section 6 to the Northeast corner thereof;
thence continuing North 0°23'20" East 100.00 feet along the Easterly
bouadary of the NW 1/4 SE 1/4, Section 6 to the POINT OF ENDING OF THE
EASFI~SENT.
STATE OF IDAHO. COUNTY OF ADA, ss.
Fkd i r record at the reque~st oQf ~ .19~
. tin. ast~...o'ciock.~ tit. this day of
D
CLARENCE A. PIANTIP~G, Re order
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For'Patne Received .MERIDIAN PLACE, LTD. , a limited partnership,
the grantor ,does hereby grant, bargain, sell ar.d convey unto the CITY OF MERIDIAN,
the grantee ,whose current address is 728 Meridian Street, Meridian, Idaho,
the following described premises, in. Ada . County Idaho, to-wit:
A portion of the 4~TI/2 SE1/4, Section 6, Township 3 North, Range 1 East, B.M.,
Ada County, Idaho, more particularly described by metes and bounds as follows:
Commencing at the Southeast corner of Section 6, T 3 N, R 1 E, B.M., Ada
County, Idaho, and running N.89°28'06" W 1320.51 feet along the Southerly
boundary of said Section 6 to the Southeast corner of the W1/2 SEl/4, said
Section 6; thence N.0°23'18" E 1304.15 feet along the Easterly boundary of
the said W1/2 SE1/4, Section 6 to a point which bears S.0°23'18" W 6.60 feet
from the Northeast corner of~the SWI/4 SE1/4, said Section 6; thence N.89°53'
08" W 30.00 feet along a line parallel to and 6.60 feet Southerly from the
Northerly boundary of the said SW1/4 SE1/4, Section 6 to the TRUE POINT OF
BEGINNING; thence continuing N.89°53'08" W 100.00 feet along a line parallel
to and 6.60 feet Southerly from the said Northerly boundary of the STnil/4 SE1/4,
Section 6 to a point; thence N.0°23'20" E 106.60 .feet along a line parallel
to and 130.00 feet Westerly from the said Easterly boundary of the W1/2 SEl/4,
Section 6 to a point; thence S. 89°53'08" E 100.00 feet along a line parallel
to and 100.00 feet Northerly from the said Northerly boundary of the SW1/4
SE1/4, Section 6 to a point; thence S.0°23'20" W 106.60 feet along a line
parallel to and 30.00 feet Westerly from the said Easterly boundary of the
Wl/2 SE1/4, Section S to the point of beginning. Containing 0.24 acres more
or less.
To be used by the grantee for the drilling, operation and maintenance of a
water well and pumping facilities for supplying water to the Municipal Water
System. of grantee. Failure to drill, operate and maintain said well on the
above described premises, within three years from the date hereof, or the
abandonment of, or the failure to supply water therefrom after the installa-
tion and operation thereof for a period of three years shall cause a termina-
tion of the within grant and conveyance, and title to said property shall,
upon the happening or any of such events, revert to the grantors, theirsa~~..
~ssigns.TO HAVE AND TO HQLD the said premises, with their appurtenances unto the said Grantee ,
and its }f~x~ and assigns forever. And the said Grantor do e s hereby covenant to and
with the said Grantee ,that they are the owners in fee simple of said premises; that they are free
from all incumbrances except current taxes and assessments
and that t hey w~7I warrant and defend the wine from aII Iawful claims whatsoever.
Dated: September 29, ~ , 197 S .
MERIDIAN PLACE.,-LTD., a limited
By .'A~.3~A~7E'~''_+~RbPERTIES
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fiTATF,~F IDAHO. COUNTY .OF
STATE: ~F' IDAHO ~
STATE OF IDAHO. COIINTY OF
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