Easement - Lilac Springs Subdivision No 1 - 8/15/2016ADA COUNTY RECORDER Christopher D. Rich 2016_074876
BOISE IDAHO Pgs=6 VICTORIA BAILEY 08/15/2016 02:58 PM
EAGLE CITY NO FEE
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00260866201600748760060066
EASEMENT AGREEMENT
THIS EASEMENT AGREEMENT is made and entered into this t day of fit,
2016, by and between FLOATING FEATHER ESTATES, LLC, 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.
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 "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").
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"
FLOATING FEATHER ESTATES,
LLC
Thomas M. Coleman, Jr., President
Coleman Homes, LLC
Manager of Floating Feather Estates,
LLC
EASEMENT AGREEMENT - 2
"GRANTEE"
CITY OF EAGLE
By: 3�� �4
Stan Ridgeway, Mayor
ATTEST
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By:Tto�� r G�IlY Op "
r Sharon K. Bergmann, City Clerk p R P p
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STATE OF IDAHO )
SS.
County of Ada )
On this day of March, 2016, before me, a Notary Public for said County and
State, personally appeared Thomas M. Coleman, known or identified to me to be the
President of Coleman Homes, LLC, the Manager of Floating Feather Estates, 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 first above written.
3XVI-WIT91-17.1TIFUE
Residing at
My commission ex es ��
)ss.
County of Ada )
On this �J day of -M& -eh, 2016, before me, a Notary Public, in and for said County
and State, personally appeared Stan Ridgeway, 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.
NOTAR 2LIC FAR.•`'� �' 1�� •.,�
Residin °°°°°° ° •
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EASEMENT AGREEMENT - 3
EXHIBIT A
January 22, 2015
LILAC SPRINGS SUBDIVISION
A parcel of land being a portion of the SW % of Section 2, T.4N., 11.1W., B.M., Ada County, Idaho,
more particularly described as follows:
Commencing at an iron pin marking the West % corner of said Section 2; thence along the North
boundary of said SW 1/4 of Section 2 South 89°17'12" East, 1,302.99 feet to an iron pin; thence leaving
said North boundary along a line East of and parallel with the West boundary of said SW 1/4 of Section 2
South 00048'40" West, 735.34 feet to the POINT OF BEGINNING;
Thence continuing along said line South 00°48'40" West, 1,390.00 feet to an iron pin;
Thence along a line 2,125.20 feet South of and parallel with said North boundary of the SW 1/4 of
Section 2 South 89'17'12" East, 1,328.60 feet to an iron pin on the East boundary of said SW 1/4 of
Section 2;
Thence along said East boundary North 01°00'54" East, 1,690.74 feet;
Thence leaving said East boundary North 88°59'06" West, 324.00 feet;
Thence North 88025'29" West, 82.00 feet;
Thence North 77027'22" West, 71.24 feet;
Thence South 61`11'44" West, 13.21 feet;
Thence South 19050'50" West, 120.53 feet to a point on a curve;
Thence 112.42 feet along the arc of a non -tangent curve to the right, said curve having a radius of
425.00 feet, a delta angle of 15009'19", and a long chord bearing North 61°54'04" West, 112.09 feet;
Thence South 35040'36" West, 50.00 feet;
Thence South 11056'18" East, 11.66 feet;
Thence South 33026'53" West, 149.15 feet;
Thence North 41035'42" West, 130.00 feet;
Thence South 50048'48" West, 186.35 feet;
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Thence South 66"45'46" West, 85.00 feet; 5� T i
Thence South 8111'27" West, 85.15 feet; a 11118 \ 0
Thence North 89011'20" West, 210.00 feet to the �, 'PA ��llsPo _
POINT OF BEGINNING. Containing 47.65 acres, more or less. �� TF OF �� 5�
ALT0 N W NP'
EXHIBIT B
January 22, 2016
CITY OF EAGLE WATER EASEMENTS
PROPOSED LILAC SPRINGS SUBDIVISION NO.1
Easements located in the 5W X of Section 2, T.4N., R.1W., B.M., Ada County, Idaho, more
particularly described as follows:
EASMENT A
Commencing at the Center Y corner of said Section 2, from which the West Y corner of said
Section bears North 89°17'12" West, 2639.15 feet; thence South 54°38'33" West, 804.80 feet to the
POINT OF BEGINNING;
Thence South 54°59106" East, 24.92 feet;
Thence South 35`40'36" West, 20.00 feet;
Thence North 54°59'06" West, 24.68 feet;.
Thence North 35000'54" East, 20.00 feet to the POINT OF BEGINNING. Said easement containing
496 S.F., more or less.
EASMENT B
Commencing at the Center 4 corner of said Section 2, from which the West % corner of said
Section bears North 89°17'12" West, 2639.15 feet; thence South 28055'29" West, 2368.72 feet to the
POINT OF BEGINNING;
Thence North 89°17112" West, 20.00 feet;
Thence North 00°31'18" East, 191.90 feet to a point on a curve;
Thence 20.17 feet along the arc of a non -tangent curve to the left, said curve having a radius of
59,50 feet, a delta angle of 19025'33", and a long chord bearing South 84°28'02" East, 20.08 feet;
Thence South 00031118" West, 190.22 feet to the POINT OF BEGINNING. Said easement
containing 3,830 S.F., more or less.
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141108/141108-watease.docx
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(BASIS OF BEARING)
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CURVE TABLE
CURVE LENGTH RADIUS DELTA CHORD BRG CHORD
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CITY OF EAGLE
WATER EASEMENTS
PROPOSED LILAC SPRINGS SUED. NO.1
EVINEERING
SOLUTIONS
)WG.DATE 01/22/16
'ROJ. NO. 141108
SHEET
1 OF 1 LOCATED IN THE SW 1/4 OF SECTION 2 1029 N. ROSARIO ST., STE. 100
T.4N., TAW., B.M. MERIDIAN, IDAHO 83642
141108-WATEASE.DWG bkb EAGLE, ADA COUNTY, IDAHO Phone (206) 938-0988 Fox (208) 938-0941