Easement - Ringo Ridge Estates Subd No 2 - 4/18/2016Recording Requested By and
When Recorded Return to:
City of Eagle
660 E. Civic Lane
P.O. Box 1520
Eagle, Idaho 83616
ADA COUNTY RECORDER Christopher D. Rich 2016-035970
BOISE IDAHO Pgs=6 LISA BATT 04/29/2018 08:39 AM
EAGLE CITY NO FEE
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00219383201600369700060062
EASEMENT AGREEMENT
For Recording Purposes Do
Not Write Above This Line
THIS AGREEMENT is made and entered into this 44dayof A00 f1 1 , 2016,
by and between COREY BARTON HOMES, INC., an Idaho corporation, whose address is 1977
East Overland Road, Meridian, Idaho, 83642, hereinafter referred to as "Grantor", and the CITY
OF EAGLE, an Idaho municipal corporation, 660 East Civic Lane, Eagle, Idaho, 83616,
hereinafter referred to as "Grantee".
RECITALS
A. The Grantor is the owner of Lot 01, Block 06, Ringo Ridge Estates Subdivision No. 2,
according to the official plat thereof recorded in Book 99 of Plats, pages 12656-12657; and
Parcel S0510427365, Property description PAR #7365 NE'LY COR, NW4SE4, SEC 10 4N
lE, #427350-B, 4N IE 10 Subdivision, all in Ada County, Idaho (collectively "Subject
Property").
B. The Subject Property contains the area for an underground pressure irrigation line along the
eastern boundary.
C. The City desires to locate, establish, maintain, repair and operate an underground pressure
irrigation line located on the Subject Property in the area legally described on Exhibit "A."
D. The Grantor and Grantee desire to create and establish a formal right-of-way and a formal
easement for said underground pressure irrigation line.
EASEMENT AGREEMENT -1
AGREEMENT
NOW, THEREFORE, in consideration of the mutual covenants herein contained, and for
other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged
by the Grantor, the parties hereto agree, for themselves, their successors and assigns, as follows:
1. Grantor hereby grant(s), bargain(s), sell(s), convey(s), and transfer(s) unto the
Grantee, a permanent perpetual easement and right-of-way for ingress and egress in,
from, to and over said easement situated in the city of Eagle, Ada County, Idaho,
described more particularly in Exhibit "A" and as generally shown on Exhibit `B",
copies of which are attached hereto and by this reference incorporated herein.
2. The purpose for which said easement is granted, is to provide the Grantee, a permanent
easement and right-of-way for the purpose of locating, establishing, maintaining,
repairing and operating underground pressure irrigation line together with the right to
remove bushes, trees, undergrowth and other obstructions interfering with the
location, construction and maintenance and operation of said pressure irrigation line
and the right of ingress and egress in, from, to and over said easement for the purpose
of maintaining, repairing and operating, such pressure irrigation line.
3. The Grantee shall save and hold the Grantor, and all succeeding owners of the real
property burdened by said easement, harmless from any and all liability for personal
injury or property damage resulting from, or in any way connected with, the use made
of said easement by the Grantee, its employees, agents, or contractors, and by
members of the general public, excepting only Iiability for personal injuries or
property damage caused solely by the negligence or wrongdoing of the Grantor, or
succeeding owners of the real property burdened by said easement.
4. The permanent perpetual easement and right-of-way hereby given, granted, conveyed
and transferred for maintaining, repairing and operating underground pressure
irrigation line is located as specifically described in the attached legal description
Exhibit "A" and as generally shown on Exhibit `B."
5. In the event of a breach hereunder by any party, the non -breaching party shall have all
remedies available at law or in equity, including injunctive or other equitable relief.
In any suit, action or appeal therefrom to enforce or interpret this Easement
Agreement, the prevailing party shall be entitled to recover its costs incurred therein,
including reasonable attorneys fees and disbursements.
EASEMENT AGREEMENT - 2
IN WITNESS WHEREOF, the parties have caused this agreement to be executed on the date
and year first above written.
"GRANTOR'
COREY BARTON HOMES, INC.
BY: Date:
Corey D. Bartor i,President
"GRANTEE
CITY OF EAGLE, IDAHO
By. Date
Stan Ridgeway, Mayor
ATTEST:�.•`••�,���•s"'E� L'�e,•,,.
ce
Sharon K. Bergmann, Ci Clerk �q.° SEAL
STATE OF IDAHO j �'•�q '�:""`""�� �� •`�
County of Ada 10A)
On this day of April, 2016, before me, the undersigned, a Notary Public in and for said
State, personally appeared STAN RIDGEWAY, known to me to be the Mayor of the City of Eagle,
Idaho, whose name is subscribed to the within and foregoing instrument, and acknowledged to me
that he executed the same for the purposes therein mentioned.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official
seal the day and year first above written. /1 , ..••nrre,►r,,_
�•0 OR
O
otary P is r O °• oT AR Y
Residing at
Commission expires
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EASEMENT AGREEMENT - 3
STATE OF IDAHO )
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County of Ada }
On this'� day of April, 2016, before me, the undersigned, a Notary Public in and for said State,
personally appeared COREY D. BARTON, known or identified to me to be the president of Corey
Barton Homes, Inc., an Idaho corporation DBA CBH Homes, whose name is subscribed to the
within and foregoing instrument, and acknowledged to me that he executed the same for the
purposes therein mentioned.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official
seal the day and year first above written.
EASEMENT AGREEMENT - 4
Notary Public for,P ko
Residing at - jjz,-
Commission expires 'L -V:5-142
May 15, 2015
EXHIBIT "A"
IRRIGATION EASEMENT DESCRIPTION
A portion of the Northwest 1/4 of the Southeast 1/4 of Section 10, Township 4
North, Range 1 East, Boise Meridian, City of Eagle, Ada County, Idaho being more
particularly described as follows:
Commencing at the East 1/4 corner of said Section 10 from which the Center
1/4 comer of said Section 10 bears North 89°31'21" West, 2670.70 feet; Thence along
the East-West mid-section line of said Section 10 North 89°31'21" West, 1526.95 feet
to the REAL POINT OF BEGINNING;
feet; Thence leaving said East-West mid-section line South 00056'16" West, 203.10
Thence South 10°03'21" East, 77.34 feet;
Thence South 01°11'39" West, 187.80 feet to an angle point on the West right-
of-way line of State Highway 55;
Thence along said West right-of-way line and continuing South 01°11'39" West,
666.35 feet;
Thence leaving said West right-of-way line South 76920'45" West, 31.45 feet;
Thence North 15°14'44" West, 25.01 feet to a point on the East right-of-way line
of N. Echohawk Way;
Thence along said East right-of-way line North 76020'45" East, 22.21 feet;
Thence leaving said East right-of-way line North 01°11'39" East, 830.96 feet;
Thence North 10003'21" West, 77.31 feet;
Thence North 00°56'16" East, 204.51 feet to said East-West mid-section line;
Thence along said East-West mid-section line South 89°31'21" East, 16.00 feet
to the REAL POINT OF BEGINNING. Containing an area of 18,649 square feet, more
or less.
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BASIS OF BEARING
N 89.31'21" W 2670.70'
1/4 .............................................. .... ....RPOB 1�4
�• _ _ _ _ 1143.75' L6n 1525.95' ./?
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RINGO RIDGE ESTATES NO. 1 & 2
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IDAHO
LINE TABLE
LINE
BEARING
LENGTH
L1
S 10'03'21" E
77.34'
L2
S 76'20'45" W
31.45'
L3
N 15'14'44" W
25.01'
L4
N 76'20'45" E
22.21'
L5
N 10'03'21 " W
77.31'
L6
S 89'31'21" E
16.00'
L7
S 01'11'39" W
187.80'
0
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IDAHO
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REAL POINT OF BEGINNING
SECTION LINE 125 500
0 250
EASEMENT LINE SCALE: 1 " = 250'
1:23:39 0" Y01
EXHIBIT "B" JW NO.
IRRIGATION EASEMENT 1053SHEET
CEDARFIELD SUBDIVISION 1 Na.
1
A PORTION OF THE NW 1/4 OF THE SE 1/4 OF SEC71ON 10, OWO. DATE
T AN R Ir R u cin a AnA f"OnV InAMA ~Ia