Water Easement with Raines, Oscar M. and Mollie E. for Water Services. ~.
A
WATER EASEMEIJT
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TF9IS IfVCEF~TLiRE, made thi s _~~ day of .-,` ~ 19~~,
between OSCAR i-i. RAIt~ES and h~OLLIE E. ~RAItJES, Husba~~d and llife
the part?e~f the first part, and
hereinafter called the Grantors, and the City oft1ERICIAtJ 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
WHEFcEAS, 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 lire over and across the following
described property: ~, ;trip of land 20 feet in width lying Easterly of
and adjacent to the folio~~ring described line:
beginni-~g at the Southarest corner of the tdE 1/4 of Section 12, To-•mship
3 tJorth, Range 1 !lest, 6oise i1eridian, Ada County, idaho; -thence tlorth
90°00'00" East 147.25 feet along the Southerly boundary of the said i!E 1/4
of Section 12, t~rhi ch i s also the center 1 i ne of !•lest Pi r.e Avenue, to a
point: Thence i~jort~.h 0°00'OC" east 30.00 feet tc, a point cn the So,ltllerl_v
boundary of Lot 4 cf Oicck 9 of i7iday's Addition as filed for record in
the office of the Ada County Recorder, Boise, Idaho, in Rook 2 of Plats
at Page 75, also sair point being the REAL POItvT OF BEGI~diJING; thence
1'Jorth 0°00'00" East 120.00 feet to the point of ending of the above des-
cribed ~err~anent ~•rater easer~ent.
•
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 convenie-~ce of the Grantee, with
the free right of access to suchfacilities at~any and all times.
TO f1AVE AND TO HOLD, the said easement and right of way unto the
said Grantee, its successors and assigns forever.
IT IS EXPRESSLY UNDERSTOOD AND AGP,EED, 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 agr•ee_ 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 HEREBY FURTHER AGREED that the Grantor s 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 t.o the
above described perr~anent ~•~ater easement.
I I I S UNDERSTOOD that file str•i p o - F'.. , ". ; ° ;.L ; ~ +"c ^~~ ..; o„s
~`
paragraph is for the purpose of constructing said water line herein described,
the same to expire when the initial construction is completed.
IT IS UNDERSTOOD and agreed that the Grantee will restore said strip
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to a condition comparable to that existent prior to the understaking of the
construction of such water line.
The Grantors do_ hereby covenant with the Grantee that~e.~c are
la~~rfully seised and possessed of the aforementioned and described tract
of land, and that they hav_ea 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 partiesof the first part have hereunto
subscribed their signatures the day and year first hereinabove written
~~
~.:
OSCAR h1. RAIf~ES
,~>~ ,,, ~
~~
t~10LLIE E. RAINES
~~~~~
STATE OF IDAHO)
County of ~~w )
On this ,~f ~ day of i n theyear 197 before me the
undersigned, a Notary Public in and for said State, personally appeared_
OSCAR !1. RAItdES and P•tOLLIE E. RAIt~ES, Husband and tlife, by & through their
At orney-in-Fact, FEIBR.A GDODE,
known to me to be the persons whose names are sub-
scribed to the foregoing instrument, and acknowledged to me that the,
executed the same.
IN WITNESS WHEREOF, I have hereunto set ~ hand and affixed m~~
official seal the day and year first above written.
PJota y Public for the to of ~idaha
Residing at r Idaho
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~ iai+Gm~;s,~w-.:.:..;.~•~a4k~,wr.e^~•,~,....,.~Y ,;~.:. " , say "~..~-.=::.
• • ' •
INFORa~fI:D 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 eaGem n
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 ar.d our rights thereunder. We have further had
explained to us that subsequent to cur executing 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 just compensation therefor, a copy of the appraisers report to
determine just compensation, our right to require the City of Meridian to ac-
quire remaining portions cf our lands 4f ~i~~e wLra ;::.LCo.om.{ r remnants, whir_h
they are not, our right to have the City of Meridian acquire the land by
negotiation, rather than condemnation, and our right not to have the City of
Meridian compel us in a coercive .nature to convey the water line easement
and our right to compensation.
INFORMED CONSENT TO RELEASE - 1
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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 ou~ 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. 07-01-01630 by the con-
tribution without compensation of our
water line easement
Finally, we state that there was no business on our real property of
which the easement granted was apart, nq personal property which was required
to be removed and no residence which was required zo be removed as a result of
the water line easement
to the City of Meridian.
Date: ~ar . ~ ~~ ~ , 197
INFOR,"1ED CONSENT TO RELEASE - Z
J
_ ~~r~--~
OSCAR Pt. RAIP~ES
1 ~ /,~~ ~~
htOLLIE E. RAIPdES - -
~' ~ .
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EDA Project No. 07-01-01600
,.
C O V E N A N T
7n consideration of financial assistance rendered and to be rendered
by the Economic Development Administration, U.S. Department of Courmerce, (here-
inafter called the "Government") for construction of
a_domestic water distribution line and appurtenances
in-~ NE 1/4 of Section 12, Tovrnship 3 North, Range 1 West, Boise Peridian
the location of which is more partic~ilarly 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.
Date : ~~ ~ lg 7~
COVENANT - 1
_ City of Meridian
(Name of Owner)
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By: ~~ ~ Cti
Der. M. Storey
Title: Mayor
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STATE OF ID~'~IiU
ss.
County of Ada
On this ~ day of r i' , in the ear ,
Y
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7SATHRYN R. MrfE1~K
hi OfAry p!I b~l!i ~U; _.in
Residence, iVlei; ;<:, 'ah:,
Commissicu exp;res_~~_/S'7~
Ada County, Idaho, ~~
Request of ~.~
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DATE ~ `~~ ~ ~~
CLAREhr('F A~ ~ ~~ ~
RtCORDEF~
BY~ %~G„I!~ U:,
before me the undersiened
(here insert the name and quality of the officer)
personally appeared Don M. Storey known to
me (orJproved 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)
~.nd acknowledged to me that such City of Meridian
(Name of private or public corporation,
executed the same.
state agency, or political subdivision)
cov~x~NT - 2
Deputy
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