Easement - Nine 4s LLC - 2020 - Enfield Commons Subdivision - City of Eagle Water Easement - Enfield Commons SubdivisionADA COUNTY RECORDER Phil McGrane
BOISE IDAHO Pgs=12 BONNIE OBERBILLIG
CITY OF EAGLE, IDAHO
EASEMENT AGREEMENT
2020-141312
10/21/2020 01:19 PM
NO FEE
THIS EASEMENT AGREEMENT ("Agreement") is made and entered into this / day of
0,*e 2020, by and between NINE 4s LLC, 52 N. Palmetto, #102, Eagle, Idaho, 83616,
hereinafter referred to as "Grantor", and the CITY OF EAGLE, 660 E. Civic Lane, Eagle, Idaho, 53616,
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.
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 tie herein memorialize the
terms and conditions which will govern 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:
The above Recitals are a material part of this Agreement and are incorporated by reference
as though they were fully set forth herein.
2. 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 in Exhibit °'A" and generally as shown on
Exhibit 'B' attached 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°°).
The .l_a§emth t shall be permanent and perpetual, unless Grantee agrees in writing to its
termination., br 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;pubiic 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 tiirne Grantee's rights shall be governed by applicable
law and/or alternative agreements between Grantee and the governmental entity having
jurisdiction over said dedicated public street or road right-of-way.
4o In order to carry out the provisions of this Agreement, Grantor further conveys to Grantee,
its agents, employees, contractors, and assigns a temporary license to traverse or occupy a
portion of the Subject Property or Easement with vehicles and equipment for the purpose of
making 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.
S. 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,
E. 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.
7. 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"
NINE 4s LLC
Don Flynn, 9MIanaging Member
"GRANTEE"
CITY OF EAGLE
By:
) Jason Pierce, Mayor
ATTEST
STATE OF IDAHO
County of Ada
) ss
On this ' day of > , 2020, before me, a Notary Public for said County and
State, personally appeared Don Flynn, known or identified to me to be the Managing Member of
Nine 4s LLC, and the person who subscribed said name to the foregoing instrument, and
acknowledged to me that he executed the same in said "GRANTGR'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.
.Y L DYER
i COW-5.610N No. 3
1 NOTARY PUBLIC
STATE OF H
STATE OF iDAHO
County of Ada
) ss
t {� $
NOTARY PUB FOR IDAh
Residing at ti fO1. y) f
My commission expires 037
t 3 leZD 744
On this -Zalikaay of OCR -P-C , 2020„:befc e,rne, a Notary Public for said County and
State, personally appeared Jason Pierce and.. faafr%ar?` .. 7a s', known or identified to me to be
the Mayor and City Clerk, respectively, of the body politic that executed the foregoing instrument,
and acknowledged to me that such body politic executed the same.
€N WITNESS WHEREOF, € have hereunto set my hand and affixed my official seal the day
and year in this certificate first above written.
KEG€ RQW
COMMISSION #17014
NOTARY PUBLIC
STATE OF IDAHO
MY COMMISSION _. __?E5 _
NOTARY PUBLIC FOR IDAHO
Residing at - '*{
My commission expires 1,-V-is-s:-‘
Exhibit A
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Description for City of Eagle Water Easement
Enfield Commons Subdivision
An easement located in the SE% of Section 11, T.4N., R.1W., B.M., Ada County, Idaho, and
more particularly described as follows:
Commencing at the northeast corner of the SE % of said Section 11, from which the southeast
corner of said section bears South 0°4908" West a distance of 2645.29 feet;
Thence along the east boundary of saki SE % South 0°4908" West a distance of 856.00 feet to
a point;
Thence leaving said east boundary North 89°25'00°' West a distance of 50.00 feet to a point on
the westerly right-of-way of N. Linder Road;
Thence South 8822'03" West a distance of 144.60 feet to a point on the southerly right-of-way
of W. Escalante Drive, the POINT OF BEGINNING;
Thence leaving said right-of-way South 8°21'53" East a distance of 3.44 feet to a point;
Thence South 13°54'35" East a distance of 22.42 feet to a point of curvature;
Thence a distance of 32.74 feet along the arc of a curve to the right, said curve having a radius
of 65.50 feet, a delta angle of 28°38'13", and a long chord bearing South 0°25'32" West a
distance of 32.40 feet to a point of tangency;
Thence South 14°44'12" West a distance of 55,14 feet to a point of curvature;
Thence a distance of 4.71 feet along the arc of a curve to the left, said curve having a radius of
3.00 feet, a delta angle of 90°00'00", and a long chord bearing South 30°15'48" East a distance
of 4.24 feet to a point of tangency;
Thence South 75.'15'48" East a distance of 15.00 feet to a point;
Thence South 1444'12" West a distance of 28.33 feet to a point of curvature;
Thence a distance of 9.17 feet along the arc of a curve to the left, said curve having a radius of
268.00 feet, a delta angle of 1°57'35", and a long chord bearing South 13'45'24" West a
distance of 9.17 feet to a point;
Thence South 75°1319" East a distance of 12.68 feet to a point;
Thence South 14°46'41" West a distance of 10.00 feet to a point;
Thence North 75°13'19" West a distance of 12.14 feet to a point on a curve;
Thence a distance of 42.80 feet along the arc of a curve to the left, said curve having a radius of
268.00 feet, a delta angle of 9°0857, and a long chord bearing South 6°03'40" West a distance
of 42.75 feet to a point;
,''''rtat10111;
_----- Land Surveying and Canruldng
Eagle Water Easement
Erffield Commons Subdivision
Job No. 18-18
Page- 1 of 5
Thence South 88°55'28' East a distance of 17.37 feet to a point;
Thence South 27°38'26" West a distance of 11.18 feet to a point;
Thence North 88°55'28" West a distance of 12.25 feet to a point on a curve;
Thence a distance of 17.39 feet along the arc of a curve to the left, said curve having a radius of
268.00 feet, a delta angle of 3°43'04", and a long chord bearing South 230'38" East a distance
of 17.39 feet to a point;
Thence North 89°3727" East a distance of 12.49 feet to a point;
Thence South 0°2233' East a distance of 10.00 feet to a point;
Thence South 89°37'27" West a distance of 11.61 feet to a point on a curve;
Thence a distance of 12.43 feet along the arc of a curve to the left, said curve having a radius of
268.00 feet, a delta angle of 2°39'25", and a long chord bearing South 7°50'40" East a distance
of 12.43 feet to a point of reverse curvature;
Thence a distance of 14.43 feet along the arc of a curve to the right, said curve having a radius
of 62.00 feet, a delta angle of 13'19'58', and a long chord bearing South 2°30'23" East a
distance of 14.39 feet to a point;
Thence South 83°34'56" East a distance of 12.03 feet to a point;
Thence South 6°25'04" West a distance of 10.00 feet to a point;
Thence North 83°34'56" West a distance of 12.44 feet to a point on a curve;
Thence a distance of 52.13 feet along the arc of a curve to the right, said curve having a radius
of 62.00 feet, a delta angle of 48°1043", and a long chord bearing South 37°3031" West a
distance of 50.61 feet to a point;
Thence South 27°0446" East a distance of 7.79 feet to a point;
Thence South 15°25'49" East a distance of 5.40 feet to a point;
Thence South 74°34'11" West a distance of 10.00 feet to a point;
Thence North 15°25'49" West a distance of 4.38 feet to a point;
Thence N 27°04'46" West a distance of 7.35 feet to a point on a curve;
Thence a distance of 4.01 feet along the arc of a curve to the right, said curve having a radius of
62,00 feet, a delta angle of 3°42'18", and a long chord bearing South 72°4302" West a distance
of 4.01 feet to a point of tangency;
Thence South 74°34'11" West a distance of 27.41 feet to a point;
Surveying and ConswrInv
Eagle Water Easement
Enfield Commons Subdivision
Job No, 18-18
Page 2 of 5
Thence South 15°25'49" East a distance of 7.04 feet to a point;
Thence South 036'07" West a distance of 5.84 feet to a point;
Thence North 89°23'53" West a distance of 10.00 feet to a point;
Thence North 036'07" East a distance of 4.44 feet to a point;
Thence North 15°25'49" West a distance of 5.63 feet to a point;
Thence South 74°34'11" West a distance of 29.57 feet to a point;
Thence South 33°54'34" West a distance of 25.18 feet to a point on a curve;
Thence a distance of 47.85 feet along the arc of a curve to the right, said curve having a radius
of 114.50 feet, a delta angle of 23°56'33", and a long chord bearing South 12°3157" East a
distance of 47.50 feet to a point;
Thence South 89°25'00" East a distance of 8.13 feet to a point;
Thence South 77°49'37" East a distance of 4.48 feet to a point;
Thence South 0"35'00" West a distance of 10.21 feet to a point;
Thence South 77°49'37" East a distance of 5.10 feet to a point;
Thence South 0°35'00" West a distance of 4.87 feet to a point;
Thence North 89'25'01" West a distance of 17,50 feet to a point;
Thence South 0°35'00' West a distance of 3.33 feet to a point;
Thence South 89°2500" East a distance of 94.00 feet to a point;
Thence South 0'3500" West a distance of 75.50 feet to a point;
Thence North 89°25'00" West a distance of 217.00 feet to a point;
Thence North 0°35'00" East a distance of 73.00 feet to a point;
Thence South 89°2500" East a distance of 94.00 feet to a point;
Thence North 0°35'00" East a distance of 8.83 feet to a point;
Thence North 89°25'00" West a distance of 12.50 feet to a point;
Thence North 0°3500" East a distance of 10.00 feet to a point;
Thence South 89°25'00" East a distance of 12.50 feet to a point;
diS011.4110 474S
1, Lend Sur/eying and Cling
Eagle Water Easement
Enfield Commons Subdivision
Je-,b No, 18-18
Page 3 of 5
Thence North 0°35'00" East a distance of 1.71 feet to a point of curvature;
Thence a distance of 52.20 feet along the arc of a curve to the left, said curve having a radius of
85.50 feet, a delta angle of 34°5850", and a long chord bearing North 16°54'25" West a
distance of 51.39 feet to a point;
Thence South 60°57'14" West a distance of 13.39 feet to a point;
Thence North 29°02'46n West a distance of 10,00 feet to a point:
Thence North 60°57'14" East a distance of 11.85 feet to a point on a curve;
Thence a distance of 13.84 feet along the arc of a curve to the left, said curve having a radius of
85.50 feet, a delta angle of 9°16'19", and a long chord bearing North 45°49'02" West a distance
of 13.82 feet to a paint of tangency;
Thence North 50°27'11" West a distance of 61.74 feet to a point on a curve on the southerly
right-of-way of W. Escalante Drive;
Thence along said right-of-way a distance of 29.00 feet along the arc of a curve to the left, said
curve having a radius of 535.00 feet, a delta angle of 3°0622", and a long chord bearing North
39°32'49" East a distance of 29.00 feet to a point;
Thence leaving said right-of-way South 50°27'11" East a distance of 27,01 feet to a point;
Thence North 39°3249" East a distance of 9.19 feet to a point;
Thence North 74°34'11" East a distance of 6.58 feet to a point;
Thence South 15°2549" East a distance of 10.00 feet to a point;
Thence South 74°34'11" West a distance of 3,42 feet to a point;
Thence South 39'3249" West a distance of 5.15 feet to a point on a curve;
Thence a distance of 21.88 feet along the arc of a curve to the left, said curve having a radius of
30.50 feet, a delta angle of 41'06'15, and a long chord bearing South 84°52'42" East a
distance of 21.41 feet to a point;
Thence North 74°34'11" East a distance of 92.99 feet to a point;
Thence North 15°25'49" West a distance of 8.15 feet to a point;
Thence North 74°3411" East a distance of 3.40 feet to a point on a curve;
Thence a distance of 89.56 feet along the arc of a curve to the right, said curve having a radius
of 331.50 feet, a delta angle of 15°28'44", and a lona chord bearing North 3°05'07" West a
distance of 89.28 feet to a point;
Thence North 80'4241" West a distance of 10.89 feet to a point;
Lan'rESLOILitiOnS
SurveyFng am:Co:nuking
Eagle Water Easement
Enfield Commons Subthvisk)n
Job No. 13-18
Page 4 or 5
Thence North 1 °33'24" East a distance of 58.21 feet to a point;
Thence South 89°43'59' East a distance of 8.50 feet to a point;
Thence North 14°44'05" East a distance of 74.68 feet to a point;
Thence Soup 75° F 5'48" East a distance of 16.00 feet to a point of curvature;
Thence a distance of 4.71 feet along the arc of a curve to the left, said curve having a radius of
3.00 feet, a delta angle of °00'OO" and a long chord bearing North 59°44'12' East a distance
of 4.24 feet to a point of tangency;
Thence North 14°44'12" East a distance of 12.73 feet to a point of curvature;
Thence a distance of 20.88 feet along the arc of a curve to the left, said curve having a radius of
28.00 feet, a delta angle of 42°43'35", and a long chord bearing North 6°37'36" West a distance
of 20.40 feet to a point of tangency;
Thence North 27°59'24" West a distance of 11.88 feet to a point on a curve on the southerly
right-of-way of W. Escalante Dive;
Thence along said right-of-way a distance of 31.90 feet along the arc of a curve to the right, said
curve having a radius of 265.00 feet, a delta angle of 6°53'49", and a long chord bearing North
59° t 9'51' East a distance of 31.88 feet to the POINT OF BEGINNING.
Said easement contains 1.01 acres more or less and is subject to any other easements existing
or in use.
Clinton W. Hansen, PLS
Land Solutions, PC
September 2, 2020
idrtY.`.uu!v,ty3!:$ amY COMONC,
Eagle Water Easement
E:,nfiek Commons SuOclivision
job No. 18-18
Page 5of5
Exhibit B
CITY OF EAGLE WATER EASEMENT
ENFIELD COMMONS SUBDIVISION
LOCATED IN THE SE 1/4 OF SECTION 11, TAN., RAW., B.M., EAGLE, ADA COUNTY, IDAHO
N. RACING WATER WAY
t `\
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`. ��— PROPOSED EASEMENT
1.01 ACRES +1-
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69 a m.
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' s '
xP
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1-41 r3O
94.00' 1..38 a32 04.00`
889°25'00°E S89'25'00`E
tts
0 0
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h
POINT OF 9EEINNI'NG
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f
L54
0
'l8--
I.9
L10
L11
. 03 L12
` • L14
L18
22'03 si 144.60 50.00`
N89°25'00V1
.17
N89625'00'11E1 217.00'
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0' 50' 100' 200'
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SEE SHEET 2 OF 2 FOR
CURVE AND LINE DATA
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Land Surveying and Consulting
231 E. 5TH ST., SFE. A
MERIDIAN, ID 83642
(208) 288-2040 (208) 288-2557 fax
wwrrv.lar,dsolcQicrs, biz
SHEET 1 Or 2
.88 NO 18-18
LINE
1.2
r
L:5
L4
1 L5
-6
1 L7
•
18
CITY OF EAGLE WATER EASEMENT
ENFIELD COMMONS SUBDIVISION
LOCATED IN THE SE 1 /4 OF SECTION 11, T.4N., R.1 W., B. M. , EAGLE, ADA COUNTY, IDAHO
LINE TABLE
LENGTH
3.44'
22.39'
15,00'
L9
L10
L11
L12
113
L14
L15
L16
L17
L18
L19
1.20
L21
LL)2
L23
L24
L25
L26
127
1.28
•:19
Li
L30
28.33'
12.68'
I 10.00'
12.14'
17.37'
11,18'
12.25'
12.49'
10.00'
11.61'
12,03'
10,00'
12.44'
7.79'
5.40'
10.00'
4.38'
7.35'
27.41'
7.04'
5,84'
10.00'
4.44,'
5.63'
29.57'
25.18'
8.13'
DIRECTION LINE
3821'53E
S13'54'35”E
87515'48"E
814'44'12"W I
57513'191
814*4-6'41W
I N7513'15W
I 88855'28"E
827'38'26W
N88.55.28"W
N89'37'27"E I
30022'33E
389'37'27"W
S83'34'56"E
S.6-25'04W
N83'34'56"W
S27.04'46"E
S1525'49"F
S74%34'11"W
N15'25'49"W
N 2704'46"W
I S74'34'11"W
315'25'49E
80'3607"W
I 118923'53"W
1 NO'36'07"E
I N1525'49W
874.34'11"W 1
S33•54'34" W
S85.25'001
LINE TABLE
LENGTH DIRECTION
L31
1.32
L33
L34
135
4.48' S'77'49'3'7"E
10.21' S0"35'00"W
1.36
L37
L38
L39
L40
L41
L42
1.43
1.44
145
L46
1 4'7
148
5.10' S77'49'37E
4.87' S0'35'00"W
17.50' I N89;25'01"W
3„33' S0'35'00" W
8,83' N0'35'00"E
12.50' N8925'00" W
10.00' NO'35'00"E
12.50' 389'25'001
1.71' NO'35'00"E I
13.39' 860'57'14"W I
10.00' N29'02'46"W I
11.85' N60'57'14"E
27.01' S5027.11"E
9.19' N39.32'4.9E
6.58' N74.34'11E
10.00' S15'25'49E
L45
150
151
t.52
L53
L54
L55
L56
t.57
3.42' .874'3411"W
5.15' 53932'49"W I
8.15' N1525'49"W
3.40' N74°34211"E
10.89' N80°42.41"W
8.50' 58043'59"E
16.00' S7515'48"E
12,73' N14'44'12"E
11.88' N27'59'24"W 1
CURVE # LENG111
Cl 32,76'
CURVE TABLE
RADIUS DELTA BEARING
65.50' 28'39'21" S0'24.05W
02 4,71'
C3 9.17'
C4 42.80'
C5 17.39'
C6 12.43'
C7 14.43'
C8 52.13'
C9 4.01'
C10 47.85'
C11 52,20'
3.00' 90'00'00" S30'15'48E
268.00' 1-57'35" S1345'24 "W 9.17'
268.00' 9'08'57" S6'03'40'W 42.75'
268.00' 3'43'04" 82.30.38"E 17.39'
263.00' 2'39'25" S7'50' 40"E 12.43'
CHORD
32.42' I
4.24'
62.00' 13'19'58' S210'23T.
62.00' 48'10'43" 83710'31"W
62.00' 3'42'18" S72'43'02"W
114,50' 23'56'33" SI 2.31.57E
85.50' 34'58'50" N16'54'25"W
C12 13.84' 85.50' 916'19" N45'49'02W
C13 29,00' 535.00' 3'06'22" N 3932`49"E
C14 21.88' 30.50' 41'06'15" S84°52'42"E
C15 89.56' 331.50' 15'28'44" N 3.05'07"W
C16 4.71' 3.00' 90'00'00" N59.44`12E
C17 20.88' 28.00' 42'43'35N6-37.36"W
C18 31.90' 265.00' 8'53'49" I N5919'51"E 31.88'
14.39'
50.61'
4.01'
47,50'
51.39'
13.82'
29.00'
21,41'
89.28'
4.24' I
20.40' I
Land Surveying and Consulting
231 E. 5TH ST.. STF... A
MERILNAN, IC) 83642
(208) 288-2040 (208) 286-2557 fax
WWw.lanar,olutions.biz
SHEET 2 OF 2
.:08 NO. 18-18