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PRV Easement with The Turf Company, LLC for Eagle Road Waterline (2)ADA COUNTY RECORDER J. DAVID NAVARRO AMOUNT .00 BOISE IDAHO 01!04!07 01:50 PM DEPUTY Bonnie Oberbillig III IIIIIIIIIIillillllllllllllllll I III RECORDED-REQUEST OF 107k~E~156? Meridian City PRV EASEMENT THIS INDENTURE, made this ~ day of NBC. , 20 ~~ between The Turf Compan ~}_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: WHEREAS, the Grantors desire to provide an easement for an underground Pressure Reducing Valve (PRV) Station on their property; and WHEREAS, the PRV Station will be constructed at a future date by others; and WHEREAS, it will be necessary to maintain, service and subsequently connect to said PRV Station from time to time by the Grantee; NOW, THEREFORE, inconsideration 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 theright- of-way for an easement for the construction, operation, maintenance, repair, replacement of an underground PRV Station as described on the property: (SEE ATTACHED EXHIBITS A and B) The easement hereby granted is for the purpose of construction and operation of a PRV 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 times. TO HAVE AND TO HOLD, the said easement andright-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 the PRV Station, Grantee shall restore 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 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-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. PRV Easement Page 1 of 3 PRV Easement.doc THE GRANTORS 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. GRANTOR: .. ~ Darwin McKay, Owner/P i ent Robert Johnson s' ess Manager STATE OF IDAHO ) ss County of Ada ) On this ~_ day of ~~P ~ N~.•,-,~c~ r, 20 O~, before me the undersigned, a Notary Public in and for said State, personally appeared ,~",">~~~~ ~„ , and ,known or identified to me to be the President nd Secretary, respectively, of the corporation that executed the within instrument, and acknowledged to me that such corporation executed the same. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year fist above written. •.•`'~~30' ~.L ~y ~~~'•. •0 41 •...•..•`~s '•. (SEAL~• a .•• •. •. 7 ~ • ~~ ~ * • ,I 2I d y~ • ~'~•. ~' 8W d 1 d ~ •~'~~ N T Y PU LIC FOR IDAHO Residing at Commission Expires: /p d PRV Easement Page 2 of 3 PRV Easement.doc GRANTEE: CITY OF MERIDIAN Tammy de Weerd ay r _ `- `,~~~~"~,,, ~~' ** ~ r- ` ~~ t' ~ Attest by William G. Ber , Ci Clerk P. Approved By City Council On: l2 ~l7 '~ ~`'~- . ~''~ STATE OF IDAHO, County of Ada ss. ,,,~ ., T T ~~ 4,.. ~~ C• ~ ~\~ /~llll/llll illlllll`tpt ifo{ ~ On this l , day of ~) Gl, ~%(,(,~L~. ~ ~-~ , 200, before me, the undersigned, a Notary Public in and for said State, personally appeared TAMMY 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) •~~~~~ '+~~f r • R~ r ' • ~ ~ ~ ~ , • :~ ;' i • ~~., n~~,ZG,~q• NOTARY PUBLIC FOR IDAHO Residing at: ~~Y~ lG~~~ ~~~;~ Commission Expires: /~• -/5- li PRV Easement Page 3 of 3 PRV Easement.doc EXHIBIT A LEGAL DESCRIPTION FOR HUGHES ENGINEERING PRV EASEMENT The following describes a;parcel of real property Tying in the Southwest Quarter (SWll4) of the Southwest Quarter tSW 1!4) of Section 33, Township 3 North, Range 1 East, Boise Meridian, Ada County, Idaho# and being more particularly described as follows: COMMENCING at a Brass Cap marking the Section Corner common to Sections 4, 5, 32 and 33; THENCE, along the Westerly Boundary Line of said Section 33, North. 00°13'44" East, 599.62 feet to a point; THENCE, leaving said Westerly Boundary Line, South $9°46' 16" East, 25.00 feet to the Northwest corner o£ said PRV Easement, the POINT OF BEGINNING; THENCE, along the Northerly line of said Easement, South 89°46' l d" East, 20.00 feet to the Northeast corner of said Easement; THENCE,. leaving said 1ortherly line, parallel. with and 45,00 feet easterly of said Westerly boundary line, South,00°13.'44" West, 30.00 feet to the Southeast corner of said Easement; THENCE, Along, the Southerly Boundary Line of said Easement, North 89°46' 16" West,. 20.(}0 feet the Southwest corner of said Easernent; THENCE, leaving said Southerly Boundary Line, parallel with and 25.00 feet easterly of said Westerly Boundary Line, North 00°13.'44" East, 30.00 feet to the POINT OF BEGINNING, comprising 600 square. feet, 0.014 acres, snore. or less. ~~' . ~-~~ d- C7 ~ci w ~t- a- 4 LAKE HAZEL ~ /~ ~ 32 33 N <h P'7 ~~ h`~ S89'46' 15"E 589'46' 16_"E 20.0_0' . 25.00' .W _ ~ r-I Cj .-~ Ci ~ r~ © "~ I °z c°n N$9'46' 16"W 20.00' EXHIBIT B 20'x30' EASEMENT FOR FUTURE PRV STATION ~ LEGEND ~ ~ -- -- C~.~ ~ - I ~ ,. RI~AD ~~ ~~ 5 4 ~uuiF N. NTS boundary Line Section Line Tie Line Calculated Point HUGHES ENGINEERING Merirdian Criy Coundl pecember 19, 2006 Page 3 of 28 D. Approve Minutes of November 21, 2006 City Council Regular Meeting: E. Tabled from December 12, 2006: Contract with hee Construction for Broadway, Avenue Water and .Sewer Imarovements for x$17,576.50: F. Findings of Fact and Conclusions of Law for Approval: AZ 06- 038 Request for Annexation and Zoning of 5.53 acres from RUT to an R-8 zone for Nursery Subdivision by Gary Fors - 570 South Linder Road: G. Findings of Fact and Conclusions of Law for Approval: PP 06- 036 Request for Preliminary Plat approval of 25 residential lots and 3 common lots on 5.53 acres in a proposed R-8 zone for Nursery subdivision by Gary Fors - 570 South Linder Road: H. Approve Adult Business License Renewal for Paul McLeod Valley Video at 433 N. Main Street: I. Approve Pawnbroker's License 1?enewal for Terry _Stewart Bennv's Pawn at 451 N. Main Street: J. Approv® Pawn oker's License R,gnewaiLfor Pagl Watson. ~B. ,Inc. /Meridian Coin ~ Pawn at 1550 N. Main Street: K. Approve Beer and Wine License Transfers of Ownership from Dancing Dog, LLC to Dancing Dog Coffee House, LLC for Dancins~ DoA Coffee House at 10 W. Franklin Road: L. Second Addendum to Development Agreement: MI 06-004 Request for Modification of the Development Agreement between the City of Meridian and Valley Shepherd Church of the Nazarene to allow a residential subdivision and a church on 32.45 acres for Shepherd Ci~ek subdivision by Valley Shepherd Church of the Nazarene & Shepherd's Creek, LLC -- 2475 South Meridian Road: Easement As~reement for Pressure Reducino Valve with The Tur~Comaany, LLC: N. Public , Works Cha__ nae Order No. 1 fgr Broadw~v Avenue. Civil Survey,-Consultants for Meridian City Council December 19, 2006 Page 4 of 28 O. Separation with Cascade ,~'ipeline orbration for P. Resolution No. 06-54„~ VAC 06-015 Request for a Vacation of a portion of the public utilities, drainage and irrigation easement adjacent to the common lot line of Lots 3 ~ 4, Block 1 of Silverle~f Subdivision No. 1 by Corey Barton / Dyver Development - 3128 & 3150 West Lost Rapids Drive: Q. SHP 06-008: Request for Short Plat Approval of Schwenl4felder Tire Short Plat consisting of one commercial building lot on 1.903 acres in a C-G zone by JR and Bonnie Schwenkfelder, LLC: [ S. approve Agreement for,_„j°rofessional_ ~e ices with I_ ndi~ao Ne_, t~works for Wireless Network Infrastructure Maintenance, Operational Support and Repair: T. Memorandum As~reement on Overpayment of Overtire with I.A.F.F. Local #2311: U. V. Report with CH2M HILL for with JUB Engineers, Inc. for X. Water Main Easement for Sakana Sushi by Sundance investments: Wardle: That brings us to Item 6, the Consent Agenda. Bird: Mr. President? Wardle: Mr. Bird. Bird: On the Consent Agenda, as I stated earlier, item W has been -- a resolution for the adoption of the records retention schedule has been asked to be tabled to January 23rd, 2007. We do have I see now Resolution 06 -- Item P is a resolution 06-542 and with that I move we pass the revised Consent Agenda and the Mayor to sign and the Clerk to attest. Rountree: Mr. President? Meridian City Council December 19, 2008 Page 5 of 28 Wardle: Mr. Rountree. Rountree: On Item N you have before you a letter from the Public Works director in order to move forward with that particular contract there needs to be a line item budget adjustment of a half a million dollars within the Public Works budget between the water -- wastewater budget and the special project sewer extension and with the approval of the Consent Agenda I would ask you that you consider that request. Wardle: We've had a second to the motion with the addendum. Bird: The maker agrees. Wardle: A procedural question. That would be to approve that a tine item adjustment be brought forward for consideration for that to be approved at this point. Rountree: The line item adjustment that you have before you in the memo be approved at this point. Wardle: Okay. Council, I would consider that part of the motion and note the memo from Public Works dated the 19th. With that, Mr. Clerk, will you, please, call roll. Roll-Call: Bird, yea; Rountree, yea; Wardle, yea; Borton, yea. MOTION CARRIED: ALL AYES. item 5: Special Recognition to SFC Daniel J. Salvesen: Wardle: Madam Mayor, we moved Item 5 to your report, so -- De Weerd: Okay. Thank you. Council, I#em No. 5 will be done after the beginning of the year as a January 2nd item and we look forward to that special recognition at that time. De Weerd: Okay. Item 6 is the Consent Agenda. Rountree: We just did it. Bird: We've already done that, Mayor. De Weerd: Oh, you just did it. You skipped five. Wardle: Yes. Item 7: Department Reports: Memo To: Will Berg; Tara Green From: Kyle Radek, P.E., Staff Engineer l CC: File Date: 1 /10/07 Re: PRV Easement for Eagle Road Waterline Attached is the original above referenced document for your files. • Page 1