Easement - 1001 West State Street - 8/5/2015 ADA COUNTY RECORDER Christopher D.Rich 2015-071774
BOISE IDAHO Pgs--S LISA BATT 08/06/2015 02:44 PM
DAVE YORGASON AMOUNT:$22.00
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EASEMENT AGREEMENT
This Easement Agreement("Easement Agreement") is made and entered into this -
day of August, 2015, by and between the Church of the Nazarene, of Eagle, Idaho ("Grantor"),
and Kent Freitag and The Villas at Alderwood HOA, Inc. ("Grantees").
1. Background.
1.1 Grantor's Real Property. Grantor is the owner of a parcel of real property
located at the 1001 West State Street, Eagle,Ada County, Idaho("Grantor Real Property").
1.2 Request for Easement. For good and sufficient consideration, the receipt of
which is hereby acknowledged, Grantee has requested Grantor convey to Grantee a nonexclusive
easement on a portion of the Grantor's Real Property in favor of the Grantee for the purposes
described in Section 2.2 below. The portion of the Grantor Real Property that has been requested
for the easement is more particularly described on Exhibit A, attached ("Easement Real
Property").
2. Grant of Easement.
2.1 Grant. For value received, Grantor hereby grants and conveys to the Grantee a
nonexclusive easement on the Easement Real Property("Easement").
2.2 Purposes of Easement. The Easement is granted for the ingress to, egress from
and relocation, construction and maintenance of an irrigation weir box, irrigation pipes and
screen operate by Grantees and located within the Easement Real Property. Installation to
completed at no cost to the Grantor and shall be constructed in accordance with the plans
attached as Exhibit B.
2.3 Term of Easement. The term of this Easement Agreement shall be perpetual.
2.4 Covenants and Agreements of the Grantor. The Grantor, on behalf of the
Grantor and the Grantor's heirs, successors, assigns, purchasers, or transferees of any kind,
covenants and agrees with the Grantee and the Grantee's heirs, successors, assigns, purchasers,
or transferees of any kind, that the provisions of this Easement Agreement (i)shall run with and
bind the Easement Real Property, and(ii)shall inure to the benefit of, and be enforceable(at law
or in equity)by the Grantee.
2.5 Covenants and Agreements of the Grantee. The Grantee, on behalf of the
Grantee and the Grantee's heirs, successors, assigns, purchasers, or transferee of any kind,
covenants and agrees with the Grantor and the Grantor's heirs, successors, assigns, purchasers,
or transferee of any kind,as follows:
EASEMENT AGREEMENT-1
2.5.1 Indemnification. To indemnify, defend, and hold harmless Grantor from
any loss, claim, or other liability of any nature(including attorney fees and costs)that may result
directly or indirectly from any use of or improvement to the Easement by the Grantee or any
other person or entity.
2.5.2 Maintenance. To maintain the Easement Real Property in good and
sufficient repair and shall keep the Easement Real Property in a neat and aesthetically pleasing
condition. If such repairs or maintenance are not made, the Grantor, upon fifteen(15) days prior
written notice, shall have the right to correct such condition. The Grantee shall promptly
reimburse the Grantor for such costs. The Grantee shall be liable for all costs and expenses
incurred by the Grantor in taking-such corrective action, plus all costs incurred in collecting the
amounts due.
3. General Provisions.
3.1 Attorney Fees and Costs. If a suit, action, or other proceeding arising out of or
related to this Easement Agreement is instituted by any party to this Easement Agreement, the
prevailing party shall be entitled to recover its reasonable attorney fees, expert witness fees, and
costs (i)incurred in any settlement negotiations, (ii)incurred in preparing for, prosecuting or
defending any suit, action, or other proceeding, and(iii)incurred in preparing for,prosecuting or
defending any appeal of any suit, action, or other proceeding. For the purpose of this section,
"attorney fees"shall mean and include (i)attorney fees and(ii)paralegal fees. This section shall
survive and remain enforceable notwithstanding any rescission of this Easement Agreement or a
determination by a court of competent jurisdiction that all or any portion of the remainder of this
Easement Agreement is void, illegal,or against public policy.
3.2 Governing Law, Jurisdiction, and Venue. This Easement Agreement shall be
construed and interpreted in accordance with the laws of the State of Idaho. The parties agree
that the courts of Idaho shall have exclusive jurisdiction and agree that Ada County is the proper
venue.
3.3 Time of the Essence. Time is of the essence with respect to the obligations to be
performed under this Easement Agreement.
3.4 Rights Cumulative. Except as expressly provided in this Easement Agreement,
and to the extent permitted by law, any remedies described in this Easement Agreement are
cumulative and not alternative to any other remedies available at law or in equity.
3.5 Nonwaiver of Remedies. The failure or neglect of a party to enforce any remedy
available by reason of the failure of the other party to observe or perform a term or condition set
forth in this Easement Agreement shall not constitute a waiver of such term or condition. A
waiver by a party (i) shall not affect any term or condition other than the one specified in such
waiver, and (ii) shall waive a specified term or condition only for the time and in a manner
specifically stated in the waiver.
3.6 Successors and Assigns. Subject to any express provisions in this Easement
Agreement regarding restrictions on transfers or assignments, this Easement Agreement shall be
EASEMENT AGREEMENT-2
binding upon and inure to the benefit of the parties and their respective successors,assigns,heirs,
personal representatives,purchasers,or transferees of any kind.
3.7 Entire Agreement. All Exhibits to this Easement Agreement constitute a part of
this Easement Agreement. This Easement Agreement,together with the accompanying Exhibits,
constitutes the entire agreement among the parties and supersedes all prior memoranda,
correspondence, conversations and negotiations.
GRANTEE: GRANTOR:
Kent F ita , i i ually and on behalf of Jo d,Administrator
The Villas at Alderwood HOA Church of the Nazarene,of Eagle,Idaho
tc
EASEMENT AGREEMENT-3
STATE OF IDAHO )
ss.
County of Ada )
On this 5 day of August,2015,before me personally appeared Kent Freitag,known or
identified to me to be the person whose name is subscribed to the within instrument, and
acknowledged to me that he 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.
o uuunun,,���i
*ft.'''. R ty0* '
NOTAR'.�`"'
I NOT Y UBLIC FOR IDAHO
pU B LAC Residing at BO+Se icL&ho
My Commission Expires 3/10/7-0
4 OF„OP.*�.
STATE OF IDAHO )
a. ) ss.
County of Canyu )
On this day of August, 2015, before me personally appeared jlii _1)041
known or identified to me to be the person whose name is subscribed to the within instrument,
and acknowledged to me that she 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.
DEANNA FOERSTER NOT 'Y PUBLIC FO; a AHO
Notary Public Residing at a,S, - (45 lP,Zb
State of Idaho My Commission Expires Le/.??-a-i
EASEMENT AGREEMENT-4
EotserneAt gQo4 ?coper fy
AN EXHIBIT SHOWING ACCESS AND z \o
MAINTENANCE EASEMENT FOR DELIVERY
BOX FOR PRESSURE IRRIGATION SYSTEM
0 10' 20'
MINN 1•111M11111•11111
SCALE 1" = 10'
1 8
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I
I LOT 18 BLOCK 2 OF
j I ALDERWDOD %ILLAGE NO. 2
WAYNE SWANSON
985 W. STATE STREET I
EAGLE, ID 83616
L.
TAX PARCEL ID I4 SO508346767
PRESSURE IRRIGATION
PUMP STATION
(
DELIVERY BOX FOR I
±3.6' _ •' ati. TION
PIR
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PUMP<STATIC • • L•
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17.00'
6 FOOT EASEMENT AROUND DELNERY
BOX FOR ACCESS AND MAINTENANCE
CHURCH OF THE NAZARENE OF EAGLE OF DELIVERY BOX.
1001 W. STATE STREET
EAGLE. ID 83616
TAX PARCEL ID # S0508346682
DRAWN BY: CSK
ALD ERWO0 D VILLAGE CHECKED BY: CSc CK ENGINEERING
SUBDIVISION NO. 2 DATE: 8/4/15 860 HEADWATERS DR.
FILE: �•2-L° EAGLE, ID 83616
DIR:p>esewaaaNO e-'Awc aaas PHONE 208-869-0590
Ease-,4d- Rl reernainf- 5
I, d�I1N� Oo■rok. ,representing the Church of the Nazarene of Eagle,located at
1001 W. State Street, Eagle Idaho,agree that the conditions of the agreement
between us and Kent Freitag,signed February 26, 2015,have been satisfied.
Kent Freitag date $' S— 24;1.5-
Zikn Od -4 date TI-C/2°1s
(Print name) sign)
I,Wayne Swanson,located at 985 W.State Street,Eagle Idaho,agree that the
conditions from the agreement between myself and Kent Freitag,regarding
relocation of my Irrigation water access vault,signed March 5,2015,have been
satisfied.
Kent Freitag . date S Zd S�
Wayne ate $ /5