Pressure Reducing Valve Easement with Tomasko, Timothy T. and Karen L. for Water LineADA COUNTY RECORDER J. DAVID NAVARRO AMOUNT .00
BOISE IDAHO 08!19109 01~3<i PM
DEPUTY Vicld Allen II I I ~ II II I II I II ~ II IIII I II II II I II I I III
RECORDED-REQUEST OF i ~~~~~ i ~El
Meridian City
PRESSURE REDUCING VALVE EASEMENT
THIS INDENTURE, made this ~~~ day of ~S} , 20 0~ between Timothy T. Tomasko &
Karen L. Tomasko ,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-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 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.
ss
County of Ada )
On this ~ ~~ day of ~~ a~e_S ~ , 20~, before me, the undersigned, a
Notary Public in and for said State, personally appeared
-~ y~ri~h,7°~ ~'~•~en ~~iy-~;5/t~O ,known or identified to me to be Timothy T.
Tomasko and Karen L. Tomasko, respectively, the persons that executed the within
instrument, and acknowledged to me that such persons executed the same.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the
day and year fist above written.
_/~~-
NOT Y PUBLIC FOR IDAHO
Residing at: 79C~~ GG~ h
Commission Expires:
GRANTEE: CITY OF MERIDIAN
STATE OF IDAHO )
Tammy de We ayor
A t by cee o man, City Clerk
Approved By City Council On:
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STATE OF IDAHO, )
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County of Ada )
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On this 1 U day of~ , 20_, before me, the undersigned, a Notary
Public in and for said State, p sonally appeared TAMMY DE WEERD and JAYCEE
HOLMAN., 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.
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NOTARY PUB IC FOR IDAHO
Residing at: C~ LU~I~ ~ ~ V
Commission Expires: 16- ~I ~~ •t' 1 ,
EASEMENT DESCRIPTION
FOR THE
CITY OF MERIDIAN, IDAHO
PRESSURE RELIEF VALVE (PRV)
An easement for water line pressure relief valve purposes located in the SE % of Section 34,
Township 4 North, Range 1 East, Boise Meridian, Ada County, Idaho, mare particulazly
described as follows:
Commencing at a 5/8 inch diameter iron pin mazlcing the southeasterly corner of said SE '/a from
which a brass cap mazking the southwesterly corner of said SE '/ bears N 89°43'00" W a
distance of 2640.72 feet;
Thence N 89°43'00" W along the southerly boundary of said SE % a distance of 1263.56 feet to
a point;
Thence leaving said southerly boundary N 4° 18' S8" W a distance of 25.08 feet to the POINT OF
BEGINNING;
Thence continuing N 4°18'58" W a distance of 20.06 feet to a point;
Thence N 89°43'00" W a distance of 40.39 feet to a point;
Thence S 0° 17'00" W a distance of 20.00 feet to a point;
Thence S 89°43'00" E a distance of 42.00 feet to the POINT OF BEGINNING.
This pazcel contains 824 squaze feet (0.019 acres) and is subject to any other easements existing
or in use.
This description was prepazed from record information obtained from the Ada County
Recorder's office. Afield survey was not performed. Civil Survey Consultants, Incorporated is
not responsible for any errors or discrepancies a field survey might disclose.
Prepazed by: Glenn K. Bennett, PLS
Civil Survey Consultants, Incorporated
February 19, 2009
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PROJECT: Thursday, February 19,2009
DESCRIPTION: 9:03 AM
FILE: M:\09002\TOMASKO\SURVEY\CONTROL.CGO PAGE 1
UNITS: U.S. SURVEY FOOT
INSTRUMENT SETUP
Instrument point: 1 10000.0000 10000.0000
Backlight point: 1 10000.0000 10000.0000
Backlight Bearing: N 00°00'00.0" E Distance: 0.000
Remarks: Tomasko Easement
TYPE FROM
------ ----- TO
-----
--- DIRECTION
-- DISTANCE
INV
1
3
N -
89° --------
43'00.0" --
W ----------
1263.560
INV 3 10 N 04° 18'58.0" W 25.081
INV 10 14 N 04° 18'58.0" W 20.065
INV 14 13 N 89° 43'00.0" W 40.391
INV 13 12 S 00° 17'00.0" W 20.000
INV 12 10 S 89° 43'00.0" E 42.000
INV 10 3 S 04° 18'58.0" E 25.081
INV 3 1 S 89° 43'00.0" E 1263.560
Perimeter is: 2699.737
NORTHING FASTING
10006.2484
10031.2580
10051.2658
10051.4655
10031.4657
10031.2580
10006.2484
10000.0000
8736.4554
8734.5679
8733.0578
8692.6673
8692.5684
8734.5679
8736.4554
10000.0000
Area is: 823.910 Square feet 0.0189 Acres
Area has been reset.
City of Meridian
33 East Bmadway Ave., Meridian, ID 83642
PERMANENT EASEMENT CONTRACT
Project # and Description: Pressure Zone 1
Parcel # and Owner: X0434438900 - Timothy T. Tomasko & Karen L. Toeiasko
Date of Offer: February 26, _2009
THIS RIGHT-0F-WAY CONTRACT, made this day of 2009, between the City of Meridian,
acting by its Mayor and Council, herein called "CITY" and Timothy T. & Karen L. Tomasko, herein called "GRANTOR".
WHEREAS, subject to the terms outlined below, GRANTOR agrees to deliver to the CITY a Permanent Potable Water
Easement included herewith as Exhibits "A" and '`8":
NOW THEREFORE, the parties hereto agree as follows:
I . CITY shall pay GRANTOR and the lien holder, if any, such sums of money and/or henefits as are set out below:
ITEM DESCRIPTION AREA GROSS VALUE VALUATION EASEMENT VALUE
(acres) ,~$/Ft') FACTOR ($)
Permanent Easement 0.02 ra8.45 50% $3,537:27
TOTAL EASEMENT CASH SETTLEMENT AMOUNT 3 7.27
2. As set forth in the City of Meridian's Easement Acquisition Policy, the Grantor may choose from two options for just
compensation for the permanent easement:
X Cash Payment* in the amount of $3 7.27
O Donation value of the easement
X3.537.27
*Grantor will receive payment for the permanent easement within four weeks following the recording of the
easement and acquisition of the easement preparation contract noted in Item 1 above.
3. GRANTOR also agrees to provide the City with a O. lD acre temporary construction easement adjacent to the permanent
easement for the purpose of constructing the proposed PRV and related incidental work. The temporary construction
easement shall expire upon completion of the PRV.
4. This Contract shall not be binding unless and uatil executed by the Mayor and/or their authorized representatives. The
parties have herein set out the whole of their agreemem, the performance of which constitutes the entire consideration for
the granting of said easement and shall relieve the CITY of all further claims or obligations on that account or on account of
the location, grade, construction and maintenance of the proposed sanitary sewer and potable water line.
5. The parties whose names appear below as Grantors, covenaat and warrant that they are the OWNERS of the property to
which this document applies, are fully authorized to execute this document and forever bind themselves, they successors
and assigns and the subject property to the terms set forth herein.
IAI WITNESS WEREOF, the parties have executed this contract the day and year first above written.