Easement - Offsite Water Easement-The Preserve - 1/30/2015 ADA COUNTY RECORDER Christopher D. Rich 2015-014071
BOISE IDAHO Pgs=5 BONNIE 02/24/2015 09:48 AM
EAGLE CITY NO FEE
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EASEMENT AGREEMENT
THIS EASEMENT AGREEMENT is made and entered into this3k day odaV14 (YL4
2015, by and between The Preserve LLC, referred to as "Grantor", and the CITY OF J
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 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:
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 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
EASEMENT AGREEMENT - 1
public street or road, during which time 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.
3. 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" "GRANTEE"
THE PRESERVE LLC CITY OF EAGLE
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By: By. Di.
Thomas M. Coleman, Jr. JeYnolds, ayor
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o4 / v a a Sharon K. Bergmann, City Cler
EASEMENT AGREEMENT -2
STATE OF IDAHO )
ss.
County of Ada )
On this day of %1, 2015, before me, a Notary Public for said County
and State,personally appeared Tho 's M. Coleman, Jr., known or identified to me to be
the President of Coleman Homes LLC, Manager of The Preserve LLC and the person who
subscribed said name to the foregoing instrument, and acknowledged to me that he
executed the same in said limited liability company's name.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day
and year in this certificate,firsfibove written.
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• � .,s� 1 TAR '1.1: . C FOR ID A 0 /
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STATE OF IDAHO )
)ss.
County of Ada )
On this .b day of J e, 2015, before me, a Notary Public, in and for said County and
State, personally appeared Jim Reynolds, known or identified to me to be the Mayor 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 .A.A. fir!
"I •- ARYti,O.: C FOR IpAINff '. }. '
Residing a r _ n- , t
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My commissi i n expires: I it: '.
EASEMENT AGREEMENT -3
January 15,2015
DESCRIPTION FOR OFF-SITE WATER EASEMENT
PROPOSED PRESERVE SUBDIVISION NO.3
An easement located in the NE %4 of the SW 1/4 of Section 11,T.4 N., R 1 W.,B.M.,Eagle,Ada
County, Idaho,more particularly described as follows:
Commencing at the E 1/4 corner of said Section 11, from which the SE corner of said Section 11
bears South 00°49'15" West, 2645.20 feet; thence along the North boundary of the S '/2 of said Section 11
North 89°24'34" West, 1320.30 feet to a 5/8"iron pin marking the CE 1/16 corner of said Section 11;
thence continuing along said North boundary North 89°25'30"West, 1320.40 feet to an aluminum cap
marking the Center V4 corner of said Section 11; thence South 65°25'07" West, 1224.82 feet to the
POINT OF BEGINNING;
Thence South 28°47'07"West, 28.00 feet;
Thence North 61°12'53" West, 50.00 feet;
Thence North 89°28'11" West, 25.00 feet;
Thence North 00°31'49"East, 10.00 feet;
Thence South 89°28'11" East, 27.52 feet;
Thence South 61°12'53"East, 32.52 feet;
Thence North 28°47'07"East, 18.00 feet;
Thence South 61°12'53" East,20.00 feet to the POINT OF BEGINNING. Said easement
containing 1,135 SF,more or less.
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PROPOSED EASEMENT
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PRESERVE SUBD. NO. 3 e, 4. OF ���5�
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SCALE 1"=30'
DWG.DATE 01/15/15 OFF-SITE WATER EASEMENT ENGINEERING
PROJ. NO. 140314 PROPOSED PRESERVE SUBD. NO. 3 SOLUTIONS
SHEET
1 OF 1 LOCATED IN THE NE 1/4 OF THE SW 1/4 OF 1029 N. ROSARIO ST., STE. 100
SECTION 1 1, T.4N., R.1 W., B.M. MERIDIAN, IDAHO 83642
1 4031 4-WATEREASE.DWG bkb EAGLE, ADA COUNTY, IDAHO Phone (208) 938-0980 Fox (208) 938-0941