Orchard Creek Homeowners Association Utility Easement Pressure Reducing Valve (2021-096849) ADA COUNTY RECORDER Phil McGrane 2021-096849
BOISE IDAHO Pgs=6 BONNIE OBERBILLIG 06/24/2021 01:25 PM
CITY OF MERIDIAN, IDAHO NO FEE
UTILITY EASEMENT FOR PRESSURE REDUCING VALVE
THIS Easement Agreement, made this 22nd day of June, 2021 between Orchard Creek
Home Owners Association,("GRANTOR"),and the City of Meridian,an Idaho Municipal
Corporation("GRANTEE");
WITNESSETH:
WHEREAS,the GRANTOR desires to provide a Utility Easement for a Pressure Reducing
Valve(PRV)right-of-way across the premises and property hereinafterparticularly 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 pipeline from time to time
by the GRANTEE;
NOW,THEREFORE,in consideration of the benefits to be received by the GRANTOR,and
other good and valuable consideration,the GRANTOR does hereby give, grant and convey
unto the GRANTEE the right-of-way for an easement over and across the following
described property:
(SEE ATTACHED EXHIBIT 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.
Utility Easement for Pressure Reducing Valve
Item#fi.
THE GRANTOR covenants and agrees that Grantor 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 GRANTOR covenants and agrees 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-of-way and easement hereby granted which lies
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 does hereby covenant with the Grantee that Grantor is lawfully seized and
possessed of the aforementioned and described tract of land,and that Grantor has a good and
lawful right to convey said easement,and that Grantor will warrant and forever defend the
title and quiet possession thereof against the lawful claims of all persons whomsoever.
THE COVENANTS OF GRANTOR made herein shall be binding upon Grantor's
successors, assigns,heirs,personal representatives,purchasers,or transferees of any kind.
IN WITNESS WHEREOF, the said parties of the first part have hereunto subscribed their
signatures the day and year first herein above written.
GRA OR:
STATE OF IDAHO )
. ss.
County of Ada )
This record yias acknowledged before me on 3 r� (date) by
YV the-HD A rt f ►.. _ ' �
(stamp) ,• Q.s •rU4,��, otary signature
' '•• �.� My Commission Expires: � /,3
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UBLIG
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Utility Easement for Pressure Reducing Valve
Page 87
Item#6.
NTEE: CITY"F ERIDIAN
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R ert E. Simis"Iyl
r 6-22-202 pp
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est by Chris Johnson, City Clerk 6-2NkIlr F;Fw
By Adrienne Weatherly, Deputy City Clerk
STATE OF IDAHO, )
: ss
County of Ada )
This record was acknowledged before me on 6-22-2021 (date) by Robert E.
Simison and Chris Johnson on behalf of the City of Meridian, in their capacities as Mayor
and City Clerk,respectively.
(stamp)_ Notary Signature
My Commission Expires: 3-28-2022
CHARLENE WAY
COMMISSION#67390
NOTARY PUBLIC
STATE OF IDAHO
MY COMMISSION EXPIRES 3128122
Utility Easement for Pressure Reducing Valve
I
Page 88
Item#6.
EXHIBIT A
PERMANENT UTILITY EASEMENT DESCRIPTION
FOR THE
CITY OF MERIDIAN, IDAHO
An easement located in the SE 1/4 of the SW 1/4 of Section 33, Township 3 North, Range 1 East,
Boise Meridian,and being a part of Lot 1 of Block 1 of BICENTENNIAL FARM SUBDIVISION NO. 2
as shown in Book 116 of Plats at Pages 17423—17432 in the office of the Recorder,Ada County,
Idaho, more particularly described as follows:
Commencing at an aluminum cap monument marking the southwesterly corner of said Section
33,from which an aluminum cap monument marking the southeasterly corner of said SW 1/4
bears N 89°56'28" E a distance of 2651.76 feet;
Thence N 89`5628" E along the southerly boundary of said SW 1/4 a distance of 1669.77 feet
to a point;
Thence leaving said southerly boundary N 11`54'52"W a distance of 51.09 feet to the
southwest corner of said Lot 1;
Thence along the southeasterly boundary of said Lot 1 the following described courses:
Thence N 89°56'28" E a distance of 48.23 feet to a point;
Thence N 45'03'26" E a distance of 28.34 feet to a point;
Thence N 0'10'25" E a distance of 13.58 feet to the POINT OF BEGINNING;
Thence continuing N 0°10'25" E a distance of 43.00 feet to the southeasterly corner of
an existing City of Meridian water easement, as described in Instrument No.
2018-119253;
Thence leaving said southeasterly boundary N 90'00'00"W along the southerly boundary of
said easement a distance of 25.00 feet to a point;
Thence leaving said southerly boundary S 0°10'25"W a distance of 42.92 feet to a point;
Thence S 89049'35" E a distance of 25.00 feet to the POINT OF BEGINNING.
Page 89
ttem#6.
This parcel contains 1,074 square feet (0.025 acres) and is subject to any other easements
existing or in use.
This description was prepared from record information,and no field survey has been done.
Prepared by: Kyle A. Koomler, PLS
Civil Survey Consultants, Incorporated
April 27, 2021
� rc
J18 OF
A.
Page 90
Item#6. EXHIBIT B
SKETCH TO ACCOMPANY PERMANENT UTILITY EASEMENT DESCRIPTION
FOR THE CITY OF MERIDIAN LOCATED IN THE SE 1/4 OF THE
SW 114 OF SECTION 33, TOWNSHIP 3 NORTH, RANGE 1 EAST,
BOISE MERIDIAN, ADA COUNTY, IDAHO
SICENTENN/AL FARM SUB. NO. 1 t\ W N O OO O W
t N '
BLOCK 1 w W 25.00
LOT 1 U
IT
S 89 49'35")ko�
POINT OF
25. BEGINNING'
N 0,1025" E13.58
N 89'5628" E
z 48.23'
41. t
�t
y�
0
32 33 1669.77' 981.99'
5 4 N 89756'28" E 2651.76' 114
BASIS OF BEARING
W. LAKE HAZEL ROAD
LA
EN - `
d �
18780
CIVIL SURVEY CONSULTANTS, INC.
2883 SOUTH MERIDIAN
ROAD � f of MERIDIAN, IDAHO
SGALE.- i =30' (208)888-4312 K CJ `
Page 91