Water Easement with Good, Feirba and Center, Wilma for Water Line Accesse ~',
~'6~4284
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THIS INDENTlJRE, made this ~ ~ day of _ R'~c ~ 19 ~~
between FEIi?BA GOODS and ~1ILi1A CFi~JTER
WATER EASEly9ENT
the parties~f the first part, and
hereinafter called the Grantors , and the City of 11EP,IDIAJ~ ,State of Idaho,
a municipal corporation, the party of the second part, and 'Hereinafter
called the Grantee;
WITIJESSETH.
WHEREAS, the Grantor ~ desire_ to provide a water right of way
across the premises and property hereinafter particularly bounded and
described; and
4lHEREAS, 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;
NOW, THEREFORE, in consideration of the benefits to be received by
the Grantor ~ 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: A strip of land 20 feet in width lying Easterly
of and adjacent to the foilov~ing described line:
Beginning at the southwest corner of the JdE 1/4 of Section 12, Tov~nship
3 i•Jorth,• Range 1 4~~st, noise 1~~eridian, Ada County, Idaho; thence (forth
90°00'00" East 47.25 feet along the Southerly boundary of the said idE 1;4
of Section 1~, vrhich is also the center line of 1•;est Piny Avenue, to a
point; thence J•lorth 0"'10'OC" E'.st 150.00 feet to a point being the J?EAL
ROEIT OE 6EGIJd.lIilG; thence Jvorth 0°l7'22" East 544.35 feet to a point on
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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 right of access to such facilities at any and all 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 AfJD 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 comparable to that existent prior to undertaking such repairs
and replacements.
THE GRANTORS hereby covenant and agree_ that they wi17 not place
or allow to be placed any permanent structures on the area described
for this easement vrhich would interfere with the use of said described
easement for the purposes stated herein.
IT IS fiEREBY 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:
A strip of land 10 feet in width lying Easterly of and adjacent to the
above described permanent water easement.
IT IS UNDERSTOOD that the strip of land described in the previous
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to a condition comparable to that existent prior to the understaking of the
construction of such water line.
The Grantor Sdoi hereby covenant with the Grantee that ~he~, are
lawfully seised and possessed of the aforementioned and described tract
of land, and that they hav_ea good and latiarful 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 ham hereunto
subscribed their signature sthe day and year first hereinabove written
~ i~~~-d---~~
FEIRBA GOODE
WIL~~1A CEIJTER
STATE OF IDAHO)
County of ~~c` )
'~
On this ~~ day of in theyear 19 7~ before me the
undersigned, a Notary Public in and for said State, personally appeared
FEIRBA GOODE ~r5d 4VdED'tA P.~C~~~tS
known to me to be the persons whose names are 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
official seal the day and year first above written
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STATE OF TEXAS
County of /'CX /}-I'~ )
On this ,~ 3RD day of /yi /~-2e tt in the year 19 ,~~, before me the
undersigned, a Notary Public in and for said State, personally appeared
WIT,MA CENTER
known to me to be the person whose name is sub-
scribed 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.
/ ~ ,'
Notary Pgubglic for the State of Texas
R~f~'~`l.~ri~~~-S~N % ~'io /~vX/~i'z ° • Texas
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INFOR~~Ik'sD CONSENT TO RELEASE OF RIGHTS UNDER
UNIFORM RELOCATION ASSISTANCE ACT
WE, the undersigned, have received communication from the CZTY OF
MERIDIAN, a copy of which is attached and pursuant thereto, executed a
w~ter_line easement
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 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-
tion Policy of sai~ 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 e;;ecutirg the
water line easement
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 oar 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 our water line easement 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 .
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After all of thfs 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 of our water line easement
We further waive all of our right to 'compensation for said
water line easement
and desire to support the City of Meridian Project No. 07-01-01600 by the con-
tribution without compensation of our
water line easement
Finally, we state that there was iio business on our real property of '
which the easement granted was apart, nQ personal property. which was required
to be removed and no residence *ahich was required to be removed as a result of
the water line easement
to the City of Meridian.
__ r __ . _ _ - - --
Date: s'~~~ ~ ~ G. -~ 3 , 197
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~G
FEIE~BA GOODE
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WILMA CENTER
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EDA Project No. 07-01-01600
,.
C O P 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 Boater dis`r ution line and annurtenanceS
~-n -PEE 11~ ref S~rt;on ~ Tnwn¢hi ~ 3 «orth Range 1 Hest Boise P"eri di an
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 T^'ithout discrimination to all persons
without regard to their race, color, religion, sex or national origin. The
covenants end 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: ~ r,~ ~ , 197 ~
Citv of Meridian _
(Name of Owner)
By: ~ _
Don M. Storey
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STdTE OF IDA:iO
ss,
County of Ada
On this ~ ~ day of f-~' in the year /97~_,,
before me the undersigned
(here insert the name and quality of the officer)
personally appeared Don M.__ Store_y__ , pnown to
me (orlproved 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 Corporations,
executed the same.
state agency, or political subdivision)
Kt!TP!f;YN A. Pde°EAK
Nolary f'ublir, fur idt;ito
Residence, hieri~!i,rn, !rzho
Comrniss;or expi~es_~ i
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