Easement - Smith Brighton Inc - 2020 - Lanewood Subdivision No 6 - Lanewood Subdivision No 6 - Water EasementADA COUNTY RECORDER Phil McGrane
BOISE IDAHO Pgs=7 KRISTINA LOWRY
TITLEONE BOISE
EASEMENT AGREEMENT
2020-120898
09115/2020 04:44 PM
$28.00
THIS EASEMENT AGREEMENT is made and entered into this 8 day of ,
2020, by and between SMITH BRIGHTON INC., an Idaho corporation, referred to here n as
"Grantor", and the CITY OF EAGLE, 660 E. Civic Lane, Eagle, Idaho, 83616, hereinafter
referred to as "Grantee".
RECITALS:
A. Grantor is the owner of certain real property situated in the City of Eagle, Ada County,
Idaho, hereinafter referred to as the "Subject Property", and more particularly
described in Exhibit "A" hereto.
B. The Grantee is the owner and operator of a municipal water system, and in connection
therewith, desires to acquire from the Grantor an easement over, under and across a
certain portion of the Subject Property for an underground water line.
C. The parties further desire to provide that the effectiveness of said easement, or
portions thereof, may be suspended if, and for so long, as said easement or portions
thereof are located within any dedicated public road right-of-way.
D. The Grantee and the Grantor have agreed upon, and desire to herein memorialize
the terms and conditions which will govem the granting and use of the
aforementioned easement.
AGREEMENT AND GRANT OF EASEMENT
NOW, THEREFORE, in consideration of the mutual covenants and conditions herein
contained, and for other good and valuable consideration, the receipt and sufficiency of which
is hereby acknowledged by the Grantor, the parties hereto, for themselves, their heirs,
successors and assigns, agree as follows:
1. Grantor, subject to the terms and conditions hereinafter set forth, hereby grant and
convey unto the Grantee, its successors and assigns, an easement over, under and
across that portion of the Subject Property described and depicted in Exhibit "B"
hereto, for the purpose of permitting the Grantee to therein construct, install,
maintain, repair, replace, use, and operate an underground water line or lines, and
related facilities ("Easement").
2. The Easement shall be permanent and perpetual, unless Grantee agrees in
writing to its termination, or it is otherwise abandoned or vacated by the Grantee;
provided, however, that should any portions of the Easement hereafter come to be
located within, or become a part of, a public right-of-way or a dedicated street or
road, said Easement shall be deemed to be of no force or effect for so long as said
right-of-way remains a dedicated public street or road, during which time Grantee's
rights shall be governed by applicable law and/or altemative agreements between
Grantee and the govemmental entity having jurisdiction over said dedicated public
street or road right-of-way.
EASEMENT AGREEMENT -1
;. While in effect, said Easement shall specifically include, without limitation, the right of
the Grantee, its agents, employees, contractors, and assigns, to traverse said
Easement with vehicles and equipment, and to make such improvements and
excavations thereon and thereunder as may be reasonably necessary to construct,
install, maintain, repair, replace, operate or use water lines and related facilities installed
or located in the Easement.
4. Grantee shall save and hold Grantor harmless from any and all liability for personal
injury or property damage resulting from, or in any way connected with, any use or
activity undertaken or permitted by the Grantee, or any of its agents, employees,
contractors or assigns.
5. Upon completion of its installation of water lines and related facilities within the Easement,
and any subsequent construction or maintenance activity conducted therein by the
Grantee, the Grantee shall immediately repair, restore and revegetate all disturbed
surface areas in a manner consistent with conditions existing prior to the disturbance, all
to the reasonable satisfaction of the Grantor.
6. This Agreement, and the easement herein granted shall be appurtenant to, and run with
the title to the real property encumbered thereby, and shall obligate, and inure to the
benefit of, the parties hereto and their respective successors and assigns.
IN WITNESS WHEREOF, the parties hereto have caused this Easement Agreement to
be executed on the day and year first above written.
"GRANTOR"
SMITH BRIGHTON INC.
"GRANTEE"
CITY OF EAGLE
By: lBy: \. CC2 -
Jason Pierce, Mayor
Robert L. Phillips
Vice -President
ATT
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Sharon K. BIfgmanr Wgterk vF
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3 : SE ALAS°
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...q•TE ,OF
EASEMENT AGREEMENT - 2
STATE OF IDAHO
ss.
County of Ada
On thi s-day of)-14. Gcd 2020, before me, a Notary Public for said County and
State, personally appeared Rbibert L. Phillips, known or identified to me to be the Vice President
of said corporation and the person who subscribed said name to the foregoing instrument, and
acknowledged to me that he executed the same in said corporation's name.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day
and year in this certificate first above written.
•
SHARI VAUGHAN
Notary Public - State of Idaho
Commission Number 20181002
My Commission Expires Jun 1, 2024
•
STATE OF IDAHO
County of Ada
)
)ss.
Gfivt, Vim_ ✓1
NOTARh PUBLIC FOR I
My commission expires ('- /-aoa.�
. km\ fn, 2020, befog a o a Public, in and for said
On this f - i '' day of �.�' , e,
County and State, personally appeared Jason Pierce and ere n` , known or identified
to me to be the Mayor and City Clerk, respectively, of the CITY OF EAGLE, the body politic that
executed the foregoing instrument, and acknowledged to me that such body politic executed the
same.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day
and year in this certificate first above written.
,'I ,IIIII.t,III
C S EN ''�,,�
411
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PUB L\C4.)
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NOTARY PUBLIC FOR IDAHO .
My commission expires: 2 (?_lc. I ,?C' `J
EASEMENT AGREEMENT - 3
EXHIBIT
DESCRIPTION FOR
LANEWOOD SUBDIVISION NO. 6
WATER EASEMENT
A portion of the NE 1 /4 of Section 2, T.4N., R.1 W., B.M., City of Eagle, Ada County,
Idaho being more particularly described as follows:
EASEMENT Al:
Commencing at the C1/4 comer of said Section 2 from which the N114 comer of said
Section 2 bears North 00°55'51" East, 2692.70 feet, point also being the NW comer of
Lanewood Church Subdivision as filed in Book 116 of Plats at Pages 17,379 through 17,381,
records of Ada County, Idaho;
thence North 03°46'14" East, 515.32 feet to the REAL POINT OF BEGINNING;
thence South 89° 16'56" East, 191.86 feet
thence 8.47 feet along the arc of a non -tangent curve to the left, said curve having a
radius of 6,918.41 feet, a central angle of 00°04'12" and a long chord which bears South
00°07'53" East, 8.47 feet;
thence 14.40 feet along the arc of a non -tangent curve to the right, said curve having a
radius of 12.50 feet, a central angle of 66°00'33" and a long chord which bears South 32°50'41"
West, 13.62 feet;
thence North 89°16'56" West, 171.34 feet
thence 24.77 feet along the arc of a non -tangent curve to the right, said curve having a
radius of 20.00 feet, a central angle of 70°58'25" and a long chord which bears North 34°33'21"
West, 23.22 feet;
thence North 00°55'51" East, 1.04 feet to the REAL POINT OF BEGINNING.
EASEMENT A2:
Commencing at the C1/4 corner of said Section 2 from which the N1/4 corner of said
Section 2 bears North 00°55'51" East, 2692.70 feet, point also being the NW comer of
Lanewood Church Subdivision as filed in Book 116 of Plats at Pages 17,379 through 17,381,
records of Ada County, Idaho;
thence North 29°08'36" East, 562.40 feet to the REAL POINT OF BEGINNING;
thence 1.56 feet along the arc of a non -tangent curve to the right, said curve having a
radius of 12.50 feet, a central angle of 07°08'06" and a long chord which bears North 03°49'12"
West, 1.58 feet;
Page 1 of 2
thence 18.45 feet along the arc of curve to the right, said curve having a radius of
6,876.89 feet, a central angle of 00°09'13" and a long chord which bears North 00°10'32" West,
18.45 feet;
thence South 89°16'56" East, 89.46 feet;
thence South 84°28'08" East, 303.85 feet;
thence 12.88 feet along the arc of a non -tangent curve to the left, said curve having a
radius of 7,413.17 feet, a central angle of 00°05'59" and a long chord which bears South
03°41'35" West, 12.88 feet;
thence 7.50 feet along the arc of said reverse curve to the right, said curve having a
radius of 12.50 feet, a central angle of 34°21'46" and a long chord which bears South 20°49'29"
West, 7.38 feet;
thence North 84°28'07" West, 301.47 feet;
thence North 89°16'56" West, 88.21 feet to the REAL POINT OF BEGINNING.
EASEMENT A3:
Commencing at the C1/4 corner of said Section 2 from which the N1/4 corner of said
Section 2 bears North 00°55'51" East, 2692.70 feet, point also being the NW corner of
Lanewood Church Subdivision as filed in Book 116 of Plats at Pages 17,379 through 17,381,
records of Ada County, Idaho;
thence North 55°58'15" East, 861.29 feet to the REAL POINT OF BEGINNING;
thence North 88°34'47" East, 150.38 feet;
thence South 03°26'53" West, 20.07 feet;
thence South 88°34'47" West, 150.47 feet;
thence 20.08 feet along the arc of a non -tangent curve to the right, said curve having a
radius of 7,365.17 feet, a central angle of 00°09'22" and a long chord which bears North
03°41'55" East, 20.08 feet to the REAL POINT OF BEGINNING.
Page 2 of 2
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BLOCK 11
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UNPLAT7'ED
EXHIBIT , DRAWING FOR
LANEWOOD SUBDIVISION NO. 6
WATER EASEMENT
LOCATED IN THE NE 1/4 OF SECTON 2 T.4N., R.1W.. ELM.
C1TY OF EAGLE, ADA COUNTY, IDAHO
JOB NO.
19-298
SHEET NO.
OF 2
DWG. DATE
8/17/2020
C4
0
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S89'16'56"E 89.46'
N89'16'56"W 88.21'
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N8916'56"W 171.34'
W. ESTUARY ST.
BLOCK 13
18
S84'28'08"E 303.85'
N84'28'07"
W. ESTUARY ST.
S3'26'53"W
20.07'
150.38',
S88'34'47"W 150.47'
0
BLOCK 7
i
CURVE TABLE
CURVE RADIUS LENGTH CHORD DIST. CHORD BRG. DELTA
Cl 6918.41 8.47 8.47 S0'07'53"E 0'04'12"
C2 12.50 14.40 13.62 S32'50'41 "W 66'00'33"
C3 20.00 24.77 23.22 N34'33'21"W 70'58'25"
C4 12.50 1.56 1.56 N3'49'12"W 7'08'06"
C5 6876.89 18.45 18.45 NO'10'32"W 0'09'13"
C6 7413.17 12.88 12.88 S3'41'35"W 0'05'59"
C7 12.50 7.50 7.38 S20'49'29"W 34'21'46"
C8 7365.17 20.08 20.08 N3'41'55"E 0'09'22"
IDAHO
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GROUPURVEY, LLC
9955 W EMERALD ST
BOISE. Du+O 637Ct
l2C81846-8570
301.47'
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10 60
0 30 120
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SCALE: 1 " = 60'
EXHIBIT — DRAWING FOR
LANEWOOD SUBDIVISION NO. 6
WATER EASEMENT
LOCATED IN THE NE 1/4 OF SECTION 2 T.4N., R.1W., 8.N.
CITY OF EAGLE. ADA COUNTY, IDAHO
180
J08 NO.
19-290
SHEET NO.
2 OF 2
DWG. DATE
8/17/2020