Easement - - 2021 - Molinari Park - Utility Easement for Molinari Park ADA COUNTY RECORDER Phil McGrane 2021-076710
BOISE IDAHO Pgs=6 BONNIE OBERBILLIG 05/14/2021 11:52 AM
CITY OF EAGLE,IDAHO NO FEE
Recording Requested By and
When Recorded Return to:
Molinari Park Development,LLC
Address:730 North 1500 West
Orem,Utah 84507
(st'ACII ABOVE!TM LINE ft*u CGwns Us}ONLY)
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UTILITY EASEMENT j,�
This EASEMENT("Easement")is made and granted on this 14 day of/ ,2021
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("Effective Date")to Molinari Park Development,.I..LC and for the benefit of public utility companies
("Grantee"),an Idaho Limited Liability Company,whose principal address is: 730 North 1500 West,
Orem,Utah 84057 by the City of Eagle("Grantor"),a municipal corporation of the State of Idaho,as the
owner of Parcel No.S0509336449,described as PAR#6449 POR S2SW4,SEC 9 4N 1 E,#336450B
("City Lon,and depicted on Exhibit A,attached hereto.
For and in consideration of the sum of Ten Thousand Dollars($10,000,00)and other good and
valuable consideration,the receipt and sufficiency whereof is hereby acknowledged,Grantor hereby
conveys, pants,bargains,and sells to Grantee, its successors and assigns,a perpetual,non-exclusive,
unobstructed easement and privilege to enter upon and to install,operate,and maintain utility facilities,
including underground utilities,on the City Lot within the Easement area legally described in Exhibit B,
and depicted as the 13 foot easement identified in Exhibit C both attached hereto. Grantee shall have the
right to enter onto the City Lot and excavate a sufficient trench to accommodate the underground utilities
lines and related facilities.As part of the underground utility installation,Grantee shall install two(2),
two inch(2")conduits within the easement area for Grantee's sole use to provide future utility services as
it desires. Grantee shall also restore the surface grade,landscape materials and any irrigation lines
disturbed to the same or similar condition as existed prior to the installation and construction of the utility
facilities in the Easement.
Nothing in this Easement shall restrict the use of the Easement Area by Grantor except as
expressly provided herein or as necessary to accommodate the reasonable use of the Easement by
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Grantee. This Easement shall bind and inure to the benefit of the respective parties,their heirs,
transferees,successors and/or assigns.
IN WITNESS WHEREOF,Grantor has executed this easement this '4 day of ,
2021.
City of Eagle
By
SON PIERCE, MAYOR
CITY OF EAGLE, IDAHO
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ATTEST: .•' OF EAG<
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BROO GER
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STATE OF IDAHO )
) ss:
County of ADA )
On this IH day of 164 `' ,2021, before me,the undersigned,a Notary Public in and for
said State,personally appeared Jason Pierce,known or identified to me to be the Mayor of the City of
Eagle, Idaho,and executed the foregoing instrument and acknowledged to me that such entity 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.
y CSEN� ., Nota Pub is for Idaho
••��\••••••••••••• .`rj '� Residing at g.0,0)10 Idaho
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,;,ti C y• N , My Commission Expires: Z �—�Ida• ho,
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STATE OF UTAH ) ''�'�� ���..a`'`�•• 2
a ) ss: pUBL�Gy�
County of L+Q+ \ ) p.NO `'l'• 0••
OF1 �.
On this 3 day of 1�l.l� , 2021, before me,the undersigned,a Notary Public in am for
said State,personally appeared Brook Cole,known or identified to me to be the manager of Molinari Park
Development, LLC,and executed the foregoing instrument and acknowledged to me that such entity
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. {
ROXANN WEAVER n_cL4t-\
NOTARY RUBLI C•SiAiEOFUT Notary Public for Uta
t-- ; cornnnISSIONa ioi r3r Residing at' ��L � a �� ,Utah
,. `" My Commission Expires:g'
c.' COMM. EXP. 08-15-2022
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Exhibit A
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Sawtooth Land Surveying, LLC Exhibit B
// F: (208) 398-8 i 04 F: (206) 398-8 1 05
2030 S. Wa5hington Ave.. Emmett, ID 63617
Offsite Utility Easement Description
BASIS OF BEARING for this description is N. 89°51'33"W. between a brass cap marking the
W1/16 corner common to Sections 9 and 16, and an aluminum cap marking the Section corner
common to Sections 8, 9, 16 and 17, both located in T. 4 N., R. 1 E., B.M., City of Eagle, Ada
County, Idaho.
A parcel of land located in the SW1/4 of Section 9, T. 4 N., R 1 E., B.M., City of Eagle, Ada
County, Idaho more particularly described as follows:
COMMENCING at an aluminum cap marking the SW corner of said Section 9;
Thence S. 89°51'33" E., coincident with the south line of said SW1/4, a distance of 750.37 feet
to the extension of the easterly right of way of S. 2nd Street;
Thence N. 1°03'34" E., coincident with said extension of the easterly right of way and the
easterly right of way of S. 2nd Street, a distance of 309.73 feet to the SW corner of Ada
County Tax Parcel S0509336449 and the POINT OF BEGINNING;
Thence continuing, N. 1°03'34" E., coincident with said easterly right of way, a distance of
13.00 feet;
Thence S. 89°51'33" E., parallel with the south boundary of said Tax Parcel S0509336449, a
distance of 299.20 feet to the west boundary of proposed Molinari Park Subdivision No. 1;
Thence S. 1°02'56" W., coincident with said west boundary, a distance of 13.00 feet to the SE
corner of said Tax Parcel S0509336449;
Thence N. 89°51'33" W., coincident with said south boundary of Tax Parcel S0509336449 a
distance of 299.41 feet to the POINT OF BEGINNING.
Said Easement contains 3,892 square feet more or less.
This easement description was prepared from data of record and not an actual field survey.
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P:\2020\1 EMT\120051-MOLINARI PARK SUB\Survey\Drawings\Descriptions\120051-OFFSITE UTILITY
EASEMENT.docx
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