Easement for Water Line, Road Easement and Other Underground Utilities with Hon, William A. and Beverly L. and Hon, Roland L. and Beverly B. for access`762428
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EASEMENT FOR WATER LINE, ROAD EASEMENT
AND OTHER UNDERGROUND UTILITIES
THIS INDENTURE, made this ~~ay of '~,'~~~,(, 1975,
between WILLIAM A. HON and BEVERLY L. HON, Husband and Wife and ROLAND L.
HON and BEVERLY B. HON, Husband and Wife, the parties of 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;
W I T N E S S E T H:
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 pipe-
line to be construction by the Grantee; and
WHEREAS, the Grantor desires to provide a roadway easement to a
water tank site; and
WHEREAS, it will be necessary to maintain and service said pipeline
from time to time by the Grantee; and
WHEREAS, other underground utilities may be necessary to service said
water tank site;
NOW, 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., other underground utilities, and an access roadway. over and
across the following described property:
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A parcel of land lying in Lot 2 of Section 18, Township 3 North,
Range 1 East, Boise Meridian, Ada County, Idaho, and more particularly des-
cribed as follows:
Beginning at the point marking the Northeast corner of the W 1/2
of the said Section 18; thence South 0°27'58" West 1850.69 feet along the
Easterly boundary of the said W 1/2 of Section 18 to a point on the Easterly
right of way line of a County Road; thence South 89°31'22" West 50.01 feet
along a line 516.03 feet Southerly of and parallel to the Northerly boundary
of the S 1/2 of the NW 1/4 of Section 18 to a point on the Westerly right of
way line of the said County Road; thence continuing South 89°31'22" West
1265.46 feet along a line 516.03 feet Southerly of and parallel to the said
Northerly boundary of the S 1/2 of the NW 1/4 of Section 18 to a point on the
Easterly boundary of the said Lot 2 of Section 18; thence North 0°40'03"
East 516.13 feet along the said Easterly boundary of Lot 2 of Section 18 to a
point marking the Northeast corner of the said Lot 2 of Section 18; thence
South 89°31'22" West 100.00 feet along the Northerly boundary of the said Lot
2 of Section 18 to a point; thence South 0°40'03" West 15.00 feet along a
line Westerly of and parallel to the said Easterly boundary of Lot 2 of Section
18 to a point, also said point being the REAL POINT OF BEGINNING; thence con-
tinuing South 0°40'03" West 20.00 feet along a line Westerly of and parallel
to the said Easterly boundary of Lot 2 of Section 18 to a point; thence South
89°31'22" West 426.91 feet along a line 35.00 feet Southerly of and parellel to
the said Northerly boundary of Lot 2 of Section 18 to a point on the Easterly
right of way line of State Highway No. 69, Federal Aid Project No. S-3782(1);
thence North 1°16'0511 East 20.01 feet along the said Easterly right of way line
of State Highway No. 69 to a point; thence North 89°31'22" East 426.70 feet
along a line 15.00 feet Southerly of and parallel to the said Northerly boundary
of Lot 2 of Section 18 to a point of beginning, comprising 0.196 acres, more
or less.
The easement hereby granted is for the purpose of construction and
operation of a water line, access roadway and other underground utilities,
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.
IT IS UNDERSTOOD that in the event Grantee herein should not utilize
the above grant within a five year period from the date hereof, said grant
shall revert to the Grantors automatically.
2
IN THE EVENT that the anticipated construction takes place, the
City of Meridian shall hold the above grant as long as it is used for the
easement to the water tank site, but when this easement ceases to be used
for the purposes given, it shall revert to the Grantors.
IN THE EVENT Grantors desire to change the aforementioned road
easement, they shall have said right so long as they provide Grantee with
equal and satisfactory access to its property. A release of said road easement
shall be given by written instrument signed by all parties hereto, or their
legal representatives, and said release shall, at the same time, create new
easement.
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; that in making future repairs, the
Grantee will expediently replace and restore the premises to a condition com-
parable to that existent prior to undertaking such repairs and replacements.
THE GRANTORS hereby covenant and agree that they will not place or
allow to be placed any permanent structures on the area described for these
easements which would interfere with the use of said described easements for
the purposes stated herein.
IT IS HEREBY FURTHER AGREED that the Grantors do hereby give and
grant to the Grantee the right of use during initial construction an additional
strip of land described as follows:
A 10 -foot strip of land lying 10 feet Southerly of and parallel
to the Southerly of the above described 20 foot Ingress-Egress Water Pipeline
and other underground utility easement.
IT IS UNDERSTOOD that the strip of land described in the previous
paragraph is for the purpose of constructing said water line herein described,
the same to expire when the initial construction is completed. For the purpose
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of determining when construction is complete, Grantors shall be entitled to a
release of said easement when the City of Meridian has received its final in-
stallment on the Federal Economic Development Administration grant relating to
the construction of the water tower. At that time, the City shall release
this temporary construction easement.
IT IS UNDERSTOOD and agreed that the Grantee will restore said strip
to a condition comparable to that existent prior to the undertaking of the con-
struction of such water line.
The Grantors do 'hereby covenant with the Grantee that they are law-
ful owners of the aforementioned and described tract of land, and that they
have a good and lawful right of convey said easement, and that they will warrant
and forever defend the title and quiet possession 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.
WILLIAM A. HON
~~~-~--~a LI , 1~~~~~
BEVERLY A. HON
GLAND L. HON
BEVERLY B.t ON
STATE OF IDAHO )
ss
COUNTY OF ADA )
On this ~~ day of ,~, ~,,; ,; ~,~ ~ _ .! in the year 1975, before me,
the undersigned, a Notary Public in and for said State personally appeared,
WILLIAM A. HON and BEVERALY A. HON, Husband and Wife and ROLAND L. HON and
BEVERLY B. HON, Husband and Wife, 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.
,~ , ; _~ ~
Notary P~~blie for the State of Idaho
Residing at , ~t:; y ~ , Idaho
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INFORMED CONSENT TO RELEASE OF RIGHTS UNDER
UNIFORM RELOCATION ASSISTANCE ACT
WE, the undersigned, have received communication from the CITY OF
MERIDIAN, a copy of which is attached and pursuant thereto, executed a water
line
ments
We have had explained to us by John 0. Fitzgerald, Attorney at Law, represent-
ing the City of Meridian, the fact that Economic Development Administration
Grant Funds havA 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-
tion 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 our rights thereunder. We have further had
explained to us that subsequent to our executing the water linP~ ~~,.a~~ rc~dzJS••
~~
temporary construction and other underground i,r;lirip~ oasemsuts s
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 ~
the right to accompany an appraider during his inspection of our
easements
, the right to have a written statement
identifying our easements and setting forth the
amount of our dust compensation therefor, a copy of the appraisers report to
determine dust compensation, our right to require the City of Meridian to ac-
quire remaining portions of our lands if they were uneconomic remnants, which
they are not, our right to have the City of Meridian acquire the land by
negotiation, rather than condemnation, and our xight not to have the City of
Meridian compel us in a coercive nature to convey the easements ,
and our sight to compensation.
INFORMED CONSENT TO RELEASE - 1
f ':
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After all of this explanation, we hereby waive any rights under 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 bf our water line, access roadway, temporary con-
struction and other underground utilities easements
We further waive all of our right to compensation for said easements
and desire to support the City of Meridian Project No. 07-01-01600 by the con-
tribution without compensation of our easements
Finally, we state that there was no business on our real property of
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
to the City of Meridian.
Date: ~- ,0 197
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INFORMED CONSENT 1'0 RELEASE - a
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EDA Project No. 07-O1-01600
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C O V E N A N T
In consideration of financial assistance rendered and to be rendered
by the Economic Development Administration, U.S. Department of Commerce, (here-
inafter called the "Government") for construction of
a domestic water distribution line and appurtenances, access roadway and other
underground utilities.
in Section 18, Township 3 North, Range 1 East, Boise Meridian,_Ada County, Idaho
r
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
eo 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 off the Government.
_.:.~
.,
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Date: ,• ~ 9 197 ~ CITY OF MERIDIAN
(Name of Owner) ,
_~ \,
gy; a l.~ 1f~'1 . ~" ~
Don M. Storey '..
' ' ' Title: MAYOR
COVENANT - 1
. _ • •
STATE OF IDAHO
ss.
County of
before me
ADA
On this - day of ~, in the year ,
(here insert the name and quality of the officer)
personally appeared nON M RT(~RF.Y , known to
me (or proved to me on the oath of )
to be _ Mayor of
(title of the officer)
_ City 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)
(,~A:., IUITHRYH R. R+icP>-AK
`° Naiary Public r „'- 4
"` Resides ' r °r I-,_, ~
Commission er;i~es~J~_~~
.,
COVENANT - 2
' ~1-lJ-B ENGINEERS, tuC. 5903 ~In Ro~G - Bole, Idaho B370S
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Project: 9165-1
Date: August 29, 1975
Revised: October 22, 1975
REVISED
DESCRIPTION FOR
A PROPOSED 20 FOOT
INGRESS-EGRESS, WATER PIPELINE AND OTHER
UNDERGROUND UTILITY EASEMENT
A PORTION OF LOT 2, SECTION 18,
T.3N., R.lE., B.M.,
ADA COUNTY, IDAHO
A parcel of land lying in Lot 2 of Section 18, T.3N., R.lE., B.M.,
Ada County, Idaho and more particularly described as follows:
Beginning at the point marking the Northeast corner of the W1/2
of the said Section 18;
thence South 0°27'58" West 1,850.69 feet along the Easterly boundary
of the said W1/2 of Section 18 to a point on the Easterly right-of-way
line of a County Road;
thence South 89°31'22" West 50.01 feet along a line 516.03 feet
Southerly of and parallel to the Northerly boundary of the S1/2 of the
NW1/4 of Section 18 to a point on the Westerly right-of-way line of
the said County Road;
thence continuing South 89°31'22" West 1,265.46 feet along a line
516.03 feet Southerly of and parallel to the said Northerly boundary of
the S1/2 of the NW1/4 of Section 18 to a point on the Easterly boundary
of the said Lot 2 of Section 18;
thence North 0°40'03" East 516.13 feet along the said Easterly
boundary of Lot 2 of Section 18 to a point marking the Northeast corner
of the said Lot 2 of Section 18;
thence South 89°31'22" West 100.00 feet along the Northerly
boundary of the said Lot 2 of Section 18 to a point;
thence South 0°40'03" West 15.00 feet along a line Westerly of
and parallel to the said Easterly boundary of Lot 2 of Section 18 to
a point, also said point being the REAL POINT OF BEGINNING;
thence continuing South 0°40'03" West 20.00 feet along a line Westerly
of and parallel to the said Easterly boundary of Lot 2 of Section 18
to a point;
J~U-B ENGINEERS, INC. s9o~knn Road - Bolse, Idaho 83705 i
Project: 9165-1
Date: August 29, 1975
Revised: October 22, 1975
Page 2 Yngress-Egress Utility Easement
thence South 89°31'22" West 426.91 feet along a line 35.00 feet
Southerly of and parallel to the said Northerly boundary of Lot 2 of
Section 18 to a point on the Easterly right-of-way line of State Highway
No. 69, Federal Aid Project No. 5-3782(1);
thence North 1°16'05" East 20.01 feet along the said Easterly right-
of-way line of State Highway No. 69 to a point;
thence North 89°31'22" East 426.70 feet along a line 15.00 feet
Southerly of and parallel to the said Northerly boundary of Lot 2 of
Section 18 to a point of beginning, comprising 0.196 acre, more or less;
A 10 FOOT TEMPORARY CONSTRUCTION EASEMENT:
A 10 foot strip of land lying 10 feet Southerly of and parallel to
the Southerly boundary of the above described 20 foot Ingress-Egress
Water Pipeline and other underground utility easement.
Prepared by:
J-U-B ENGINEERS, Inc.
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Gary L. Rodenspiel, L.S.
SMG/EWC:,cab
Ada Countya yda .cep aso.
Request of j
TIME ~- 3a IV{e
DATE ~-~ ~ 7G
CLARENCE A. FLANTII\I~
RE ORDER
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