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PRV Easement with The Turf Company, LLC for Eagle Road Waterline ;.;; (,~~ 'ADA COUNTY RECORDER. DAVID :f4'VARRO,~ AMOUNT .OB 5 II BOllE IDAHO 01/04/07 01:50 pM DEPUTY Bonnie ObKbillig 1111111111111111111111111111111111111 _RECO.~DED. - REQUEST OF 107001567 ifterRtl8n City . ::= PRY EASEMENT rI.! THIS INDENTURE, made this cl day of ~~ , 20 /)10 between The Turf Company. LLC , 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: ~~ . ffl WHEREAS, the Grantors desire to provide an easement for an underground Pressure Reducing Valve (PRV) Station on their property; and ~'th ~ WHEREAS, the PRY Station will be constructed at a future datG by others; and . . )j WHEREAS, it will be necessary to maintain, service and subsequently connect to said PRY Station from time to time by the Grantee; f.i.: 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 construction, operation, maintenance, repair, replacement of an underground PRY Station as described on the property: (,.: (SEE AITACHED EXHffiITS A and B) The easement hereby granted is for the purpose of construction and operation of a PRY Station and their allied facilities, together with their maintenance, additional connection thereto, repair and replacement at the convenience of the Grantee, with the free right of access to such facilities at any and all ti~s. 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 construction, making repairs, performing other maintenance or making subsequent connection to th~ PR V Station, Grantee shall restor~.the area of the easement and adj acent property to that existent prior to undertaking such construction, 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 G~NTORS hereby covenant and agree with the Grantee that should any part of the right-of- way and easement hereby &ranted shall become part of, or~1.ie 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. part thereof, shall cease and become null and void and of no further effect and shall be cOlnpletely relinquished. ~. PRY Easement Page 1 of 3 PRY Easement.doc THE G~TORS do hereby covenant 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. .:.,:. ... .1&,". GRANTOR: STATE OFEIDAHO ) ) ss County of Ada ) ~ On this if day of [)@ r!.. @.-Y7~ e (" , 20 o~! before mk.the undersigned, a Notary Public in and for saId State, personally appeared th. r tIJ }'h P7 r. ~ and , lmowp. or identified to me~to be the President d Secretary, respectIvely, of the corPoration that executed the within instrument, and acknowledged to me that such corporation executed the same. ,~. IN WIlNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year fist above written. i (SE ~ : :.~ PRY Easement Page 2 of 3 PRY Easement.doc ~.. GRANTEE: CITY OF MERIDIAN .4!:. Approved By City Council On: STATE OF IDAHO, ) ss. County of~~Ada ) On this 201~efore me, the undersigned, a Notary Public in and for said State, personaily.app-eaTccr: - de WEERD and WILLIAM G. BERG, JR., known to me to be the Mayor and City Clerk, respectively, of the City of Meridian, 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 affixed my official seal the day and year first above written. (SEAL) ~ ~ NOTARY PUBLIC FOR IDAHO : Tir. Residing at: .:l Commission Expires; . ::.. ~ ....-.... ". :-;::. . iri.' PRY Easement Page 3 of 3 PRY Easement.doc f.i EXHIBIT A :.1:: lo~ ;-~ tj LEGllBES'tRIPrION FOR HU6HES .ENGlJiq'EEitING PRY EASEMrlCT ~ The fdlloviing descrIbes alp~l ofiCWlI property lying in the Southvqt Quarter (S>>I1/4) . "_'":'".:I:: 1_ of the Southwest Qparter (SWl/4) of Section 33, Townsh'p~ North, Range 1 East, Boise Meridian, Ada.c'toJJnty, Idtbl, mad being l1lt>rt partwularly de SGlibedJ as follows: x ~ '.II . . COMMENCING alia Brass Cap markinathe s.ction @onmr common to Sections 4, 5, 32 and :l3; .: THENCE, along tho ~sterly lIounc1ary Line of said SediQl!33, North 00013'44" East, 599.62 feet to a point; THENCE, lea"inal~~id W~tftil, Boundary l.ine.Sou~ S9046:,16" East, 25.00 feet to the Northw~t com~:rAo'said PRV Ea~t:f\tIi6PQINT OP.BIiG~NG; THENCE, along the="North~ly1in.e of said EaSCfn-ent, &Duth 89046' L6" Eastt;20.00 ftlet to the Northeast come. of said Easement; ~ THENCE, leaving said Northerly line, parallel With and ~5.00 feet easterly of said Westerly boundary line, South Oool~~~" W€($t, 30.00 rot to the SoutheMt corner of said ~mem; ~ THENCE, alon& th& SoutMI,. Boundary Line oflidld Easement, North 89046' 16" West, 20.00 fee' the: Southwest comer of !jaid Easement; ~ THENCE, leaving ~aid Southerly Botmdary~ine, parallel w~th and 25.00~{eet easterly of -said Westerly Boundary Li~e~ North 00013 '<<.:.' East, 3p.OO t~~ tOr.the POINT QF BEGINNING, comprisih"g 696fsquare feet,.o.014 acres, more or l~ss.. ~ $: :~ ,"..~ r" :~l. .. ... ..q- ~ 0 ro t0 t') ~ W fto --. ~ ..q- .... tr) ~ ~ .0 0 z LAKE HAZEL ROAD 11':i I!J ....11 1/16 32 33 EXHIBIT B ;J' .... ~ S89.46'16"[ $~~~ ~.9 ~ 1. Q.'~'~r20..:. Q..O~' 25.00' w 3: .. ... ~ ~ ---q- .. vo ~o - 10 .. to to'").. tr}, . ,....1 0 ,..- 0 bCt'1 bl t'1 20'x30' EASEMENT ~ ~ FOR FUTURE PRY STATION N89- 4~ 1 6"W 20.00. ~ d Q::I lu ~ <3 ~ ~, L5 ll) I Vi LEGEND li Boundary Line Section Line Tie Line Calculated Point N. 1;IJ i!J w NTS 32 33 5 4 EXHIBIT DRAWING FOR HUGHES ENGINEERING DATE: JUNE 8, 2006 FILE: 3479-02.dwg Surveyors 0 Engineers Planners 1 1 03 W~st Main ~Street Middleton, Idaho 208-585-5858 ~ - --- . ~LS