Easement - WPG BEP, LLC - 2021 - Bald Eagle Pointe - Bald Eagle Pointe Easement Agreement ADA COUNTY RECORDER Phil McGrane 2021-095946
BOISE IDAHO Pgs=9 CHE FOWLER 06/23/2021 12:48 PM
CITY OF EAGLE,IDAHO NO FEE
EASEMENT AGREEMENT
THIS EASEMENT AGREEMENT ("Agreement") is made and entered into this ,f 7/4-day
J of f•+t&. 2021, by and between WPG BEP, LLC, a Delaware limited liability company,
referred to 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 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. 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").
3. 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 alternative agreements between Grantee and the governmental entity having
jurisdiction over said dedicated public street or road right-of-way.
4. 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.
5. 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.
6. 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" "GRANTEE"
WPG BEP, LLC, a Delaware limited CITY OF EAGLE
liability company
By: By_
Todd u Ingham, Manager Ja`sQ Pierce, Mayor
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Tracy E. born, City Clerk , SEAL
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STATE OF IDAHO )
County of Ad& )
On this 17 4'11 day of J Lat.�, . 20 al, before me,_ticalal_EAdbiK a
Notary Public for said County and State, personally appeared Todd Cunningham, known or identified
to me to be the Manager of WPG BEP, LLC, and the person who subscribed said name to the foregoing
instrument, and acknowledged to me that he executed the same in said "GRANTOR'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.
Janel F. Kubik I v {� A--61jet
COMM.##44033 NOTARY BLIC FO IDAHO PUBLIC /�
STATE OF IDAHO ( Residing at C(2.4_A c 0
MY COMM. EXP. 1/8/2027
My commission expires I pip-oa7
STATE OF IDAHO )
County of Ada
On this 11 -Vh day of 3 ') NU , 2O1, , before me, kbh N• CStncSIh. a
Notary Public in and for said County and State, personally appeared Jason Pierce, known or identified
to me to be the Mayor of the City of Eagle 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.
�.•`% CSE1V •., NOTARY PUBLIC FOR IDAHO
,���•• `,••N......••S�j. Residing at Et49u- r Id Ah O
�•bt0 e (TAR}'tP My commission expires 2 I Uo/7025
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Exhibit "A"
Legal Description
Bald Eagle Pointe Subdivision No. 1 - City of Eagle Water Easement
Easement 'C'
An easement parcel being located in the N '/2 of Section 14, and the S 1/2 of Section 11,
Township 4 North, Range 1 West, Boise Meridian, Ada County, Idaho, and more particularly
described as follows:
Commencing at the northeast corner of the NW 1/4 (N 1/4 corner) of said Section 14, from which
an aluminum cap monument marking the northeast corner of said Section 14 bears S 89°27'29"
E a distance of 2627.57 feet;
Thence S 65°56'31"W a distance of 552.91 feet to the POINT OF BEGINNING;
Thence N 72°30'23" E a distance of 78.00 feet;
Thence N 17°29'37"W a distance of 23.62 feet;
Thence N 72°30'23" E a distance of 10.00 feet;
Thence S 17°29'37" E a distance of 23.62 feet;
Thence N 72°30'23" E a distance of 149.36 feet;
Thence N 17°29'37" W a distance of 26.07 feet;
Thence N 72°30'23" E a distance of 10.00 feet;
Thence S 17°29'37" E a distance of 26.07 feet;
Thence N 72°30'23' E a distance of 27.83 feet;
Thence N 79°10'23" E a distance of 38.12 feet;
Thence N 10°46'41" W a distance of 9.00 feet;
Thence N 79°13'19'' E a distance of 10.00 feet;
Thence S 10°46'41" E a distance of 9.00 feet;
Thence N 79°10'23" E a distance of 71.14 feet;
Thence N 10°49'37" W a distance of 23.00 feet;
Thence N 79°10'23" E a distanced of 10.00 feet;
Thence S 10°49'37" E a distance of 23.00 feet;
Lan So/ution$ Bald Eagle Pointe Subdivision No 1
Job No 16-82
Page 1 of 4
Thence N 79°10'23" E a distance of 149.00 feet;
Thence N 10°49'37" W a distance of 23.00 feet;
Thence N 79°10'23" E a distance of 10.00 feet;
Thence S 10°49'37" E a distance of 23.00 feet;
Thence N 79°10'23" E a distance of 146.01 feet;
Thence N 10°46'41" W a distance of 23.00 feet;
Thence N 79°10'23" E a distance of 12.97 feet;
Thence S 10°49'37" E a distance of 23.00 feet;
Thence N 79°10'23" E a distance of 150.00 feet;
Thence N 10°49'37" W a distance of 23.00 feet;
Thence N 79°10'23" E a distance of 10.00 feet;
Thence S 10°49'37" E a distance of 23.00 feet;
Thence N 79°10'23" E a distance of 148.28 feet;
Thence N 10°49'37"W a distance of 22.47 feet;
Thence N 79°10'23" E a distanced of 10.00 feet;
Thence S 10°49'37" E a distance of 22.47 feet;
Thence N 79°10'23" E a distance of 19.59 feet;
Thence S 78°09'03" E a distance of 44.92 feet;
Thence N 11°50'57" E a distance of 15.28 feet;
Thence S 78°09'03" E a distance of 10.00 feet;
Thence S 11°50'57"W a distance of 15.28 feet;
Thence S 78°09'03" E a distanced of 59.18 feet;
Thence N 11°50'57" E a distance of 66.06 feet;
Thence N 3°00'00" W a distance of 10.26 feet;
Thence N 87°00'00" E a distance of 10.00 feet;
in$,ution Bald Eagle Pointe Subdivision No.1
u,w$o ing and co°:wu°y Job No. 16-82
Page 2 of 4
Thence S 3°00'00" E a distance of 11.57 feet;
Thence S 11°50'57" W a distance of 67.36 feet;
Thence S 78°09'03" E a distance of 84.05 feet;
Thence S 89°13'28" E a distance of 15.06 feet;
Thence N 0°46'32" E a distance of 237.66 feet;
Thence N 75°59'30" E a distance of 20.68 feet;
Thence S 0°46'32" W a distance of 262.94 feet;
Thence N 89°13'28" W a distance of 37.00 feet;
Thence N 78°09'03" W a distance of 138.15 feet;
Thence S 11°50'57" W a distance of 34.46 feet;
Thence N 78°09'03"W a distance of 10.00 feet;
Thence N 11°50'57" E a distance of 34.46 feet;
Thence N 78°09'03" W a distanced of 57.92 feet;
Thence S 79°10'23" W a distance of 342.39 feet;
Thence S 10°49'37" E a distance of 44.00 feet;
Thence S 79°10'23" W a distance of 10.00 feet;
Thence N 10°49'37" W a distance of 44.00 feet;
Thence S 79°10'23" W a distance of 221.05 feet;
Thence S 10°49'37" E a distance of 44.00 feet;
Thence S 79°10'23" W a distanced of 10.00 feet;
Thence N 10°49'37" W a distance of 44.00 feet;
Thence S 79°10'23" W a distance of 184.00 feet;
Thence S 10°49'37" E a distance of 44.00 feet;
Thence S 79°10'23"W a distance of 10.00 feet;
Thence N 10°49'37"W a distance of 44.00 feet;
-af'fd501U1rlUJ'l5 Bald Eagle Pointe Subdivision No. 1
!And wrvrylnq and cor atmg Job No. 16-82 a
Page 3 of 4
Thence S 79°10'23" W a distance of 2.52 feet;
Thence S 72°30'23" W a distance of 186.98 feet;
Thence S 17°29'37" E a distance of 43.86 feet;
Thence S 72°30'23" W a distance of 10.00 feet;
Thence N 17°29'37" W a distance of 43.86 feet;
Thence S 72°30'23" W a distance of 78.75 feet;
Thence N 12°35'57"W a distance of 20.07 feet to the POINT OF BEGINNING.
This parcel contains 35,661 square feet (0.82 acres), more or less, and is subject to any other
easements existing or in use.
Clinton W. Hansen, PLS
Land Solutions, PC \oN i a Nosy
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May 3, 2021 co s T R t
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Lan Solutions Bald Eagle Pointe Subdivision No. 1
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Page 4 of 4
Exhibit "B"
BALD EAGLE POINTE SUBDIVISION NO. 1 -
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/ CITY OF EAGLE WATER
POINT OF BEGINNING
N12'35'S7'W EASEMENT C EASEMENTS - EXHIBIT
2007 - EASEMENT 'C'
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SEE SHEET 2 OF 2 FOR LINE DATA Solutions
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23 I E.STH ST.,STE.A
MERIDIAN,ID 83642
(208(288-2040 (208)288-2557 fax SiIEEI I OF 2
www.landsolutions.biz JO3 N0.16-82
BALD EAGLE POINTE SUBDIVISION NO. 1
CITY OF EAGLE WATER EASEMENTS - EXHIBIT
EASEMENT 'C' - LINE DATA
LINE TABLE LINE TABLE LINE TABLE
LINE # LENGTH DIRECTION LINE # LENGTH DIRECTION LINE # LENGTH DIRECTION
L1 78.00' N72'30'23"E L29 23.00' 810'49'37"E L53 57.92' N78'09'03"W
L2 23.62' N17'29'37"W L30 148.28' N7910'23"E L54 44.00' S10'49'37"E
L3 10.00' N72'30'23"E L31 22.47' N10'49'37"W L55 10.00' S79'10'23"W
L4 23.62' S17'29'37"E L32 10.00' N7910'23"E L56 44.00' N10'49'37"W
L5 149.36' N72'30'23"E L33 22.47' S10'49'37"E L57 44.00' S10'49'37"E
L6 26.07' N17'29'37"W L34 19.59' N7910'23"E L58 10.00' S7910'23"W
L7 10.00' N72'30'23"E L35 44.92' S78'09'03"E L59 44.00' N10'49'37"W
L8 26.07' 817'29'37"E L36 15.28' N11'50'57"E L60 184.00' S79'10'23"W
L9 27.83' N72'30'23"E L37 10.00' S78'09'03"E L61 44.00' S10'49'37"E
L10 38.12' N7910'23"E L38 15.28' S11'50'57"W L62 10.00' S79'10'23"W
L11 9.00' N10'46'41"W L39 59.18' S78'09'03"E L63 44.00' N10'49'37"W
L12 10.00' N79'13'19"E L40 66.06' N11'50'57"E L64 2.52' S79'10'23"W
L13 9.00' S10'46'41"E L41 10.26' N3'00'00"W L65 186.98' S72'30'23"W
L14 71.14' N7910'23"E L42 10.00' N87'00'00"E L66 43.86' S17'29'37"E
L15 23.00' N10'49'37"W L43 11.57' S3'00'00"E L67 10.00' S72'30'23"W
Lib 10.00' N79'10'23'E L44 67.36' S11'50'57"W L68 43.86' N17'29'37"W
L17 23.00' S10'49'371 L45 84.05' S78'09'03"E L69 78.75' 872'30'23"W
L18 149.00' N7910'23"E L46 15.06' S89'13'28"E
L19 23.00' N10'49'37"W L47 20.68' N75'59'30"E
L20 10.00' N7910'23"E L48 37.00' N8913'28"W
L21 23.00' S10'49'37"E L49 138.15' N78'09'03"W 0�1F�LLANDS
L22 146.01' N7910'23"E L50 34.46' S11'50'57"W T f G,AL
L23 23.00' N10'46'41"W L51 10.00' N78'09'03"W
L24 12.97' N7910'23"E L52 34.46' N11'50'57"E - 1 1 f1 18
L25 23.00' S10'49'37"E C� N� JS(V.5(`1�O 2
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L26 150.00' N7910'23"E ON w.NP
L27 23.00' N10'49'37"W
L28 10.00' N79'10'23"E Lin Solutions
Land Surveying and Consulting
23 I E.5TH ST.,STE.A
MERIDIAN.ID 83642
(208)288-2040 1208)288-2557 fax S,EET 2 OF 2
www.landsoiutions.biz J03 N0. 16-82