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Pressure Reducing Valve Easement with Kinney, Logan P. for 2013 Re-Record New Exhibit A/BADA COUNTY RECORDER Christopher Q. Rich AMOUNT .00 8 BOISE IQAHO 06113/13 04:38 PM ADA COUNTY RECORDER Christopher D. Rich AMOUNT .00 5 RECORDED~c REQUEST OF III I I II I II II I ~I I II I'I I II I' III I II I I III DE UTY AB nn er Obe b OI g41 PM Meridian City 11`~~~'~'~~~ RECORDEQ-REQUEST OF Meridian City 1 L .~ PRESSURE REDUCING VALVE EASEMENT ' ~h 20 2 between Lo an P. Krone THIS INDENTURE, made this ~_ day of ~_ g Y ,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 for through an underground pipeline 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 construction, operation, maintenance, repair, replacement of a PRV 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, 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 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 the water line, Grantee shall restore the area of the easement and adjacent 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 Pressure Reducing Valve Easement Kinney Easement.docx GRANTEE: CITY OF MERIDIAN ~~~ Tammy d~~rd, Mayor 4 G~ ?jam O~ City of E ~DrAN~ ,~ IDAHO ~ ' ~ ~ ti~ ~ ~P °~~~~ ~~F~S°~ Attest b J ycee L. Holman, City Clerk Approved By City Council On: STATE OF IDAHO County of Ada ss On this day of ~ , 20 I a ,before me, the undersigned, a Notary Public in and for said State, personally appeared TAMMY DE WEERD and JAYCEE L. 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. .' ACA ~'~ '. ~~~ ~~ . •'~~ 0'~A~P '~' • OTARY UBLIC FOR IDAHO w ~~ SEAL Residin at: ~~,Ir,~ ~o~r- I ~ . ~ ~ ) g s f Commission Expires: Jan ~ , ~.c~~L~ • '~ ~ i ~~i~~j~,~G,-'Oi 9' `'~•r~~r ~~• ~~.•~r Pressure Reducing Valve Easement Kinney Easement.docx 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. GRANTOR: '` ~.r.....__ Owner 3610 w ~-'t.rfi ~ c 1< Address Secretary STATE OF IDAHO ) ss County of Ada ) On this ~ ~~ day of ~ ~ -~ , 20 ~ ~~-, before me, the undersigned, a Notary Public in and for said State, personally appeared ~- o ~.~~ ~ ~ ~ w Y ~ and known or identified to me to be the President and Secretary, respective y, of the corporation that executed the within instrument, and acknowledged to me that such corporation executed the same. IN WITNESS WI~REOF, I have hereunto set my hand and affixed my official seal the day and year fist above written. ,~M~~ ~~~j~h• •~~ ~ • • A ~ ~ ,~ ~ ~ ~~ 1 ~ ;_ ~ • ~ ~ ~ ~ i ;~ i ~~ ~~~r~~~~~ ~ ~ ~'~~ ~ ~« ~~~~~~~~ ~, ~r ~~ NOTARY PUBLIC FOR IDAHO Residing at ~ ~~ ~ ~ ~ c~- Commission Expires: ~ - ~ ~~ ~ ~ c 1 S Pressure Reducing Valve Easement Kinney Easement.doCx rXh~b~~ P~ 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 '/4 of Section 34, Townshi 4 North, Range 1 West, Boise Meridian, Ada County, Idaho, more particularly p described as follows: Commencing at a 518 inch diameter iron pin marking the southeasterly corner of said SE 1/4 from which a brass cap marking the southwesterly corner of said SE '/4 bears N 89°43'00" ~V a distance of 2640.72 feet; Thence N 89°43'00" W along the southerly boundary of said SE '/4 a distance of 1263.56 feet to a point; Thence leaving said southerly boundary N 4° 18' S 8" VV a distance of 25.08 feet to a point; Thence N 89°43'00" w a distance of 28.00 feet to the PINT OF BEGINNING; Thence continuing N 89°43'00" w a distance of 40.00 feet to a point; Thence N 0° 17'00" E a distance of 25.00 feet to a point; Thence S 89°43'00" E a distance of 40.00 feet to a point; Thence S 0°17'00" VV a distance of 25.00 feet to the POINT OF BEGINNING. This parcel contains 1,000 square feet (0.023 acres} and is subject to any other easements existing or in use. This description was prepared 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. Prepared by: Glenn K. Bennett, PLS Civil Survey Consultants, Incorporated June 6, 2013 o v~~ ooh =~°m ~~~o °~o ~~ ~~~j Z Q~~°v ~~zo oZoQ voZ Q pW~ ~U~ ~O~ t~i~ O h ~~~ ~h~~ 3 ~~ "' /Il «oo,Ll.o S r oo •5z ~ ~ ~~ o, ~U ~ o ,o o Q °o , o ~~ ,~ ' ~ " 0 ~' • ~ ~ ~ ~, ~ .. 00'~l ~~ /~~ ~/ ~ ~,oo~L ~.o !~ 'o^^ ~7 .~ o° h ~~ ~~ ~~ ~~ ~~~ PROJECT: DESCRIPTION: FILE: M:\12002\SURVEY\CONTROL.CGO UNITS: U.S. SURVEY FOOT INSTRUMENT SETUP Instrument point: Backsight point: Backsight Bearing: Remarks: Monday, September 10,2012 2:54 PM PAGE 2 1 10000.0000 10000.0000 1 10000.0000 10000.0000 N 00°00'00.0" E Distance: PRV EASEMENT TYPE FROM TO DIRECTION DISTANCE INV 1 3 N 89°43'00.0" W 1263.560 INV 3 10 N 04°18'58.4" W 25.081 INV 10 15 N 89°43'00.0" W 28.000 INV 15 16 N 89°43'00.0" W 40.000 INV 16 17 N 00°17'00.0" E 25.000 INV 17 18 S 89°43'00.0" E 40.000 INV 18 15 S 00°17'00.0" w 25.000 INV 15 10 S 89°43'00.0" E 28.000 INV 10 3 S 04°18'58.0" E 25.081 INV 3 1 S 89°43'00.0" E 1263.560 Perimeter is: 2763.282 0.000 NORTHING FASTING 10006.2484 8736.4554 10031.2580 8734.5679 10031.3965 8706.5682 10031.5943 8666.5687 10056.5940 8666.6924 10056.3962 8706.6919 10031.3965 8706.5682 10031.2580 8734.5679 10006.2484 8736.4554 10000.0000 10000.0000 Area is: 1000.000 Square feet 0.0230 Acres Area has been reset. City of Meridian 33 East Broadway Ave., Meridian, ID 83642 PERMANENT EASEMENT CONTRACT Project # and Description: Pressure Zone 1 Parcel # and Owner: 50434438900 -Logan P. Kinney Date of Offer: September 10, 2012 THISRIGHT-OF-WAY CONTRACT, made this ~ day of X999', between the City of Meridian, acting by its Mayor and Council, herein called "CITY" and Logan P. Kinney, 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 "B": NOW THEREFORE, the parties hereto agree as follows: 1. CITY shall pay GRANTOR and the lien holder, if any, such sums of money andlor benefits as are set out below: ITEM DESCRIPTION AREA GROSS VALUE VALUATION EASEMENT VALUE (acres) ($/Ft2) FACTOR ($) Permanent Easement 0.023 $5.0 50% $2,500.00 TOTAL EASEMENT CASH SETTLEMENT AMOUNT $2,5.- 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 Payments in the amount of ^ Donation value of the easement $2,5- $2,5- 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 0.10 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 until executed by the Mayor andlor their authorized representatives. The parties have herein set out the whole of their agreement, 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, covenant 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, their successors and assigns and the subject property to the terms set forth herein. IN WITNESS WEREOF, the parties have executed this contract the day and year first above written. CITY OF MERIDIAN ~/'" ~o4A~ED AUCUsr By: GQ4 ? ~~o Tammy de Weer , yor ~~ City of ATTEST: E IDIAN~' Jaycee Hol a ,City Clerk t D A~ 0 ~r SFAL ~w Date a roved by Council: ~ ~ ~ ~ ~-- ~~'~~ ~,°~ pp ~ °f +n a TRH ~5~~ Page 1 of 2 GRANTORS Logan P. Kinney Date: ~ ~ f~ Lo !'~ Page 2 of 2