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Water Easement with Good, Feirba and Center, Wilma for Water Line Accesse ~', ~'6~4284 ~ ~`, r~~ 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 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 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 • • 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 !i t • • 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 a • • 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 . • • 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 ( A f ~G FEIE~BA GOODE ~~ ~ ~ ~,. '- ~%c ~~-n..~; WILMA CENTER r• • r ' _ • • 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 ,. .~ ~., r a~ U U.i L f1,) O ~Q .~.~ C D Q cv c v W c O (~.> r_ l0 Q V L d C1 F- O W 1- w U d 3 LtJ C? Q m w ~r 0 O 1~'~ U • ._, • .. ~... . .___ 1 .. _ , , ~ r,,. ._ `S 1. t VY_ `~~._ ~ _ .__ _ ~ ~ f t,~v~r~ r~ __-___.._. ( ..._.._..t 1 ~ ` ~ . ~ . ~d G. ~ C w ~ ,00 OZ a `~` C N U W ,00'01- ~' E , ~ i ~-- .~ c ~ ~ ~ ~ ~ `~ .-. >. c ~ ~ 0 ~ ~ ~ r~ - ~ ~ ~ E - L ~ ~ ~ ~ , ti ~ (.tom ~ a_ r ~ z i d- ~., ~ ~ ~ o 0 0 W ~~ ^.~.~ ri i ~ ~ ~ .~ J ~ :~ t JL ~ ~ ~ c: ~~ IE i ~ ~~ ,00.01 1 ,0002 - --- -- ,-~-__-x-- - .. _ <; ~, ~_ _ _ __.. r •, • .- ~~ ~, -- -. - - -- "-., , ~ ~ - :' ;, . ~- I r __ ~;, i .,. t~ _..--_ -_ i ~~ 1 ' ., •, ~ i ~ ~ f -- J +rv1. t ~ • 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 " r'J_7.