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Pintail Pointe Subdivision Pressure Reducing Valve EasementADA COUNTY RECORDER Christopher D. Rich 2017-079324 BOISE IDAHO Pgs=5 VICTORIA BAILEY 08/24/2017 10:01 AM CITY OF MERIDIAN, IDAHO NO FEE PRESSURE REDUCING VALVE EASEMENT THIS INDENTURE, made this )-� day of 1 , 2017between Blackstone Homeowners Association, the parties of the first part, and hereinafter called the Grantors, and the City of Meridian, Ada County, Idaho, the party of the second part, and hereinafter called the Grantee; WITNESSETH: WHEREAS, the Grantors desire to provide a Pressure Reducing Valve (PRV) right-of- way across the premises and property hereinafter particularly bounded and described; and WHEREAS, the PRV is to be provided and to be constructed by others; and WHEREAS, it will be necessary to maintain and service said PRV from time to time by the Grantee; NOW, THEREFORE, in consideration of the benefits to be received by the Grantors, 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 operation and maintenance of a PRV over and across the following described property: (SEE ATTACHED EXHIBITS A and B) The easement hereby granted is for the purpose of construction and operation of a PRV and their 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, it's successors and assigns forever. IT IS EXPRESSLY UNDERSTOOD AND AGREED, by and between the parties hereto, that after making repairs or performing other maintenance, Grantee shall restore the area of the easement and adjacent property to that existent prior to undertaking such repairs and maintenance. However, Grantee shall not be responsible for repairing, replacing or restoring anything placed within the area described in this easement that was placed there in violation of this easement. THE GRANTORS hereby covenant and agree that they will not place or allow to be placed any permanent structures, trees, brush, or perennial shrubs or flowers within the area described for this easement, which would interfere with the use of said easement, for the purposes stated herein. THE GRANTORS hereby covenant and agree with the Grantee that should any part of the right-of-way and easement hereby granted shall become part of, or lie within the boundaries of any public street, then, to such extent, such right -off -way and easement hereby granted which 1'es within such boundary thereof or which is a part thereof, shall cease and become null :and void and of no further effect and shall be completely relinquished. THE GRANTOR$ do hereby cotenant with the. Grantee that they are lawfully seized and possessed of the aforementioned and described tract of land, and that they have a 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 parties of the first .part have hereunto subscribed their signatures the day and year first herein above written. GRANTOR: Blackstone .Hom . wnets. Association STATE- OF IDAHO) County of Ada ) r On this -3 day of .... 4! QO�Pjeo AU0 5 1 1, V ow �'Z�_p� City of E IDIAN*— IDAHO SEAL a O�yT�R e TREPyJ��i Att b City Clerk of th Appt`oved By City Counojl On: STATE OF IDAHO, ) ss. County of Ada ) On this 2�"d day of 20 before me, the undersigned, a Notary Public in and for said State�sved CN`*-� EE�H and C,JAY COLES, �. known to :me to be the -lir and, City Clerk, respectively, of the City of Merzdian, Idaho., and who. executed the within instrument; and acknowledged to me that. the City of Meridian executed the same, IN WITNESS. WHEREOF, I have hereunto set my hand and affzxed my official seal the day and year first above. written, ■rrrrrr�r ., :.F A NOTARY PUBLIC -FO . IDAHO Residing JZ G�.�l� T D Commission Expirea:"3 EXHIBIT A PERMANENT UTILITY EASEMENT DESCRIPTION FOR THE CITY OF MERIDIAN, IDAHO An easement located in the NE % of the NW % of Section 10, Township 3 North, Range 1 West, Boise Meridian, and being a part of Lot 5 of Block 1 of PINTAIL. POINTE SUBDIVISION as shown in Book 83 of Plats at Page 9223 in the office e of the Recorder, Ada County, Idaho, more particularly described as follows: Commencing at a 5/8 inch diameter iron pin marking the northwesterly corner of said NE'/ of the NW % from which a brass cap monument marking the northeasterly corner of said NE % of the NW % bears S 89°15'29" E a distance of 1322.50 feet; Thence S 8915'29" E along the northerly boundary of said NE % of the NW % a distance of 89.99 feet to a point; Thence leaving said northerly boundary S 0°43'53" W a distance of 44.91 feet to the POINT OF BEGINNING; Thence continuing S 0°4353" W a distance of 20.00 feet to a point on the southerly boundary of said Lot 5; Thence S 89°16'07" E along said southerly boundary a distance of 40.00 feet to a point; Thence leaving said southerly boundary N 0°43'53" E a distance of 20.00 feet to a point on the northerly boundary of said Lot 5; Thence N 8916'07" W along said northerly boundary a distance of 40.00 feet to the POINT OF BEGINNING. This parcel contains 800 square feet (0.018 acres) and is subject to any other easements existing or in use. Prepared by: Glenn K. Bennett, PLS p �� Civil Survey Consultants, Incorporated x July 20, 2017 �l Of K EXHIBIT MAP TO ACCOMPANY PERMANENT EASEMENT DESCRIPTION FOR THE CITY OF MERIDIAN AND BEING A PART OF OF LOT 5 OF BLOCK 1 OF PINTAIL POINTE SUBDIVISION LOCATED IN THE NE 1/4 OF THE NW 1/4 OF SECTION 10, TOWNSHIP 3 NORTH, RANGE 1 WEST, BOISE MERIDIAN, ADA COUNTY, IDAHO W 1/16 S 89'15'29" E 1322.50' SECTION 10 89'99 CHERRY LANE 12,32.51' m POINT OF NI BEGINNING N 89' 16'07" W 10' PLATTED PUBLIC UTILITY EASEMENT 40.00' _ r r UTILITY N .. .. .. .. �.. .. J.. I_.. .. 5 BASEMENT J 40.00' _ S 89'16'07" E ~ I I I 4 ( 6 I I BLOCK 1 1 PINTAIL POINTE SUBDIVISION 1/4 SECTION 10 LAND T RF 0 a 5082 X SCALE: 1 "=30' OF P AN �FNN K. BEN�� CIM SURVEY CONSULTANTS, INC. LINE DATA CoNmmnNa StvG1NMW AM LM autMOM BEARING DIST �BMERIS�AN, IDAHO 113542Ao S 0'43'53 W 12Q.00 (zoe)tiee-tz Fox e88-0323