Water Easement with Figgat, William H. Jr. and Moulton, Margaret and Drake, Rosemary and Signa Trust and Norus Inc. for Western Health Care Delivery Systems, Inc.
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- WATER EASEMENT
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THIS INDEN~'URE, made this ____ ~ day of ~,l ~- ;~- > > 9~, .
between WzSTERN HEALTH CARE DELIVERY SYSTEMS IN Norus Inc. William H.
Figg~t~~,, r., Margaret roulton, Rosemary Drake, Signa Treat
. the parties of the first part, and
hereinafter called the Grantor ~, 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 ahe premises and property hereinafter particularly bounded and
described; and
WHEREAS, the water is to be provided for through an underground
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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;
. NOW, THEREFORE, in consideration of the benefits to be received by
the Grantor s, and for the sum of One Dollar ($i.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 15 feet in width centered upon the following described
line:
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.
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•- The easement hereby granted is for the purpose•af construction and
operation of a water line and allied 1°acilities, 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 ANO TO HOLD, the said easement and right of way unto the
said Grantee, its successors and assigns forever.
IT IS EXPRESSLY UNDERSTOOD A~10 AGREED, by and between the parties
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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
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repairs the Grantee will expediently replace and restore the premises to
a condition comparable to that existent prior to undertaking such repairs
dnd replacements. ~ ~•
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THE GRANTORs hereby covenant and agree_ that they 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 and
~~ ~_ grant to the Grantee the right to use during initial construction an
additional strip of land described as follows: .
Two strips of land, each 10 feet in width, adjacent to and on either
side of the above described permanent easement.
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'.to a candition comparable to that existent prior to the understaking of the
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construction of such sewer iine.
The Grantors do hereby covenant with the Grantee that~,hex, a~_ -
lawfuliy seised and possessed of the aforementioned and described tract..
of land, and that chef hsv~a good and iawful right to convey said easement,
and that they will warrant and forever defend the title and, quiet possession
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'~ ~ thereof against the lawful~~claims of all persons. whomsoever.
. - IN WITNESS WHEREOF, the said.part ie~f the first part have,hereunto . _ -
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. subscribed their signatures the day and year first hereinabove written,,,
. WESTERN HEALTH CARE DELIVERY .. DiURUS, Inc. `?`. ~, •~~ . • •• _-
• SYST , Inc'. _ ',J '~``~ ' •.
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• P. LaMarr Heyrend, President Norman G. Fuller, Presider_.*. _~ ._., = - _.
• rdoa M. Smith, Secretary - •~ - ; ~ ' -i ~~~`
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• Mara t Moulto~r~ __ - iu ~~ e f ; ? ~!''
{ Wi am H. Figg t '%Jr. - rte' ~'~ = ~ `~': ~~=
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. semary D ke Sigaa .Treat ' .~'•~~,'~ ~ ~ j +l a J,••` • ::• .
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- •.~ STATE OF IDAHO) ~ •~
. •y F,
county of ) .
_ . -. ~ • .' ~n this ~l°. day of = , C_~"f'Lt-~-in theyear 19 ~efore me the
• _.- ~~ undersigned, a Notary Public in and for said State, personally appeared-
~ t.AMARR HEYREND~ President and GORnON M SM7'l'g~ 4pt•rprarv
- ~ ~ ~ ~ ,known to me to be the persons whose names are sub- •~
scribed to the foregoing-instrument, ,and acknawiedged to me that they .
-~ executed the same. - ~ -
. IN WITNESS WHEREOF, I have hereunto. set my hand and affixed my ~ ~-
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`. nff~i+;a7 eel .the ~hv ~nr~ vear• fir-et ~hniie Written - _
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Oa this ~~ day of Q.c / in the year 19~~, before me
the undersigned, a Notary Publ c i ~~or said State, perso ally appeared
Norman G. Fuller, President and ~~c~.t.cl.~~ ,Q, ~,lcc.c,a..kc.I~.[~r,~ ~ ~~,~, of
Norus, Inc. known to me to be the persons whose names are subscribed 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 official
seal the day and year first above written. ~ .. .
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M~iQist/ r~~. ~.•
~t r Publ.~c r t S.t~e •" zt I '~„~ .` ;,
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• Residing ~at t~ Idaho «-• .-.. =
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STATE OF IDAHO) -
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OOUNTY OF ADA ) .
• On this ~~ ~~ day of ,) ~,,, c in the year 19~, before me
the undersigned, a Notary Public in and for said State, personally appeared
:.~~~Bosemary Drake, Signa Treat, and William H. Figgat~ Jr., known to me to be
~'_"`''•Q fY~~•.~ersons whose names are subscribed to the foregoing instrument, and
.~a '~w~;edged to me that they executed the same.
~:`" ~~, 's •3~ •'• ~RWITNESS k'HEREOF, I have hereunto set my hand and affixed my official
~ -~=~ ~~~eal th~eday and year first above written.
. ~`j .. •" ~~ ~ . ~'~ ary P~lbli~.for the State of Idaho
~'-•.~ ~• t , .. • w Residing at ~~_, Idaho
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;,,r ~-,yct~TA.TEv~'E WASHINGTON )
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~;=;~•~4~' ~~~~ ~''~n:'this ~T day of 3y /J C ~ jry14, in the year 19 % ; before me
"•, `c''~r• ;th~~,;tili~ersigned, a Notary Public in and. for said State, personally appeared
- ~largar'et Moulton, known to me to be the person whose•:name is subscribed
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- •~•to the foregoing instrument, and acknowledged to me that she executed the same.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official
seal the day and year first above written.
NOtarv Puhli~ for the State of Washinotn,
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S~i1FORi~7ED CO1+S~T TO RELEASE OF RIGHTS UNDER
UNIFORM REI,UCATIO~I ASSISTANCE ACT
WE, the ~dersigned, have received communication from the CITY OP
I~RIDIAN, a cagy of which is attached and pursuant thereto, executed a
- wate~l~t a Basemen - '
We have had explained to us by Joha 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 F,~dexally Assisted Programs. We have had
read and explained to us by Mr. Fitzgerald the Uniform Real Property Acquisi-
lion Policy of sai~ Federal Act and our rights thereunder. We have had ex-
p3,ained 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 ws that subsequent to our executing the
water line easement ~
the City of Meridian approved Regulations Governing ~ielocation 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 ~ water line easement ~
the right to accompany an appraiser during his inspection of our
'water Line easement , the right to have a written statement
identifying ourw water line ease~ent and setting forth the
amount of our just compensation therefor, a copy of the appraisers report to
detes-rafne 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 uaiier the -
Uniform 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 Governing •
Relocation Assistance Real Property Acquisition of the City of Meridian, enacted
subsequent to the execution of our water Iine easement
We further waive all of our right to •compensation for said
writer line easement.
and desire to support the City of Meridian Project No. 07-01--01600 by the coa-
tribution without compensation of our•
water line easement •
Ffnaily, we state that there was no business on our real property of
which the easement granted was a part, 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. ~ •
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Date: ~ ~ v rte- ~ , 197
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~.C1.'Jr7 ! ? ~f~li7i i~
William K. Figgat~ ` jT.J'
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r t Moulton
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i~IESTERN HEALTH CARE DELIVERY SYSTEMS, Inc.
. /// ti~iL /~`~Ly .
F. LaMarr Heyrend, Pr ident
rdon M. Smith, Secretary
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rman G. Fuller ~.•+~~"'"'~''
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EDP Project No. 07-01-0160 '
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' Cf1YENANT
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• Zn consideration of financial assistance rendered and to be rendered
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by the Economic Development Administration, U.S. Department of Commerce, (here-
iaafter called the "Government") for construction of _
domestic water supply Line and appurtances
in Ada County, Idaho,
the Location of which is more•garticularly 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
written consent of the Government. -
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- Date: u n •B ~_ , 197 City of Meridian
(Name of Owner)
By. i/t1.
M'. Storey
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. STATE OF Idaho ~ ~ ~ •
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. _ County of Ada - . -
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On this `r day of .Tct; n •G in the year ~ 9 ~,~ ,
before me Don M. Storev
(here insert the name and quality of the officer)
personally appeared ~ , lanown to
me (oi proved to me on the oath of
to be Magor of
(title of the officer)
City of Meridian
(Name of private or public corporation, state agency, or political subdivision).
snd acknowledged to me that such City of Meridian
(Name of private or public corporation,
' executed the same.
• state agency, or political subdivision)
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• "~ : N _ KATHRYN A. NIcPER}~
~ ~ +'~ ~ Rohry Pu61Ec fcr Idzho
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~ = Residence. Atari:?ian. Idaho
'•A U t3 ~. ~ ~ Commission ex;.trs_ ~_ Cs ~Z9
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,~' ~.~-~~ ~ ENfjit`lEERS, tNC. s1; • stn AvR so. • w~,oa. iaano a3ess
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tsolsct 9165-I
,. ..~Tanwsy S, 1976
UeaeriptioA tos 13-Foal 8asaaeat
In eaaeseat ].S tset in a~idtb cantered apoo the lollo+riaa daseribed line:
.... , .. Co~canc.lag at the Southeast corner of Section 6, Togn,thip 3
"bo=th, Rangy 1 East, 8oisa 2~xidian, Ada County, Idaho, and running M.
~~-~- t!'Z8'08" W. 132Q.51 test along the Southerly boaadary of said Section
6 to the Southeast corner of the SW l/4 SS 1/4, Ssetioa 6;
thence continuing A. 89'28'46" ir>. 26.52 feet along said Souther171
tiod~azy of Settioa 6 to Lhe TBUH POIAT Oh BEGIHhT2gG 08 ~B EA3EH8NT;
thence Int. 0.23'Z4" S. 834.00 teat along a line parallel to and
Z6.SZ feet Wastasly txom the Easterly boundary o! the said Sid 1/4 SE 114,
Ssctioa 6 to a point;
thence !i. 45.23'20" 8. 58.72 twat to a point;
thence U. 0.23'20" 8..432.64 feet slang a line parallel to and
13.00 teat Easterly frog the Said I:ast+erly boundary at the Sil 1/4 SE 1/4,
Section 6 to the FOI2~iT Oh EPt~I3iG OF THE E~SF~iliti2; said point being S.
O•Y3'20" W. 6.b0 feet and 8. 89'53'08" S. 15.OQ teat tros the DZorthaast
cornea of the said 5W i/4 SS 1/4, Sactioa 6t
BBCEPTTDtt3 Tf3EA,gB&~OH all eiieting sight o! vay for U. S. Uighxay
~. 30.
l~-Foot Cousts~ctioa EaBe>!neat
11ro strips of lead, each 10 feat in xidth, adjacent to and ore
either ride of the above dsscrib~d permaaaat easemaat.
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epared by:
. ~B BbtGINBERB, .
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~ p1 Dennis A. tSaa, L.S.
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STATE OF IDAHO, COUNTY OF ADA, ss. ~
~filet~d^-'f~o~r"~record at tQhe request o/fj
3a`.J.~Mi(1. pas ~ 'clot ~ ht. this l~day of 19.~