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Easement - Horseshoe Bend Road - 3/28/2006 (2)ADA COUNTY RECORDER J. DAVID NAVARRO AMOUNT 12.00 4 BOISE IDAHO 03/28/06 04:39 PM DEPUTY Bonnie Oberbillig IlI IIIIIIIIIIIIIIIIIIIIIII(III'III'11 RECORDED -REQUEST OF Title One 105047247 kGREEMENT NO. UNDERGROUND WATER AND TELECOMMUNICATIONS LINES EASEMENT AGREEMENT THIS EASEMENT AGREEMENT made this 2,0- day of a N,k , 2006, by and between the CITY OF EAGLE, an Idaho Municipal Corporation ("City"), and ADA COUNTY, a duly organized and existing county under the laws and constitution of the State of Idaho, ("County"). WITNESSETH That COUNTY in consideration of the covenants and promises described in this agreement and the sum of ten dollars ($10.00) and other valuable consideration does hereby grant and convey unto CITY, its successors and assigns, a nonexclusive easement and right of way, over the real property described below for the purpose of crossing said real property with underground water and telecommunication lines, including therewith the right, as modified below, to enter upon said real property, at all reasonable times, including ingress and egress thereto, at the sole expense of CITY, to construct, maintain, operate, inspect, alter, replace, excavate, prepare, install, backfill, and repair underground water and telecommunication lines, over and across the following described real property belonging to the said COUNTY: See Exhibit "A" attached hereto and made a part hereof by reference. COUNTY grants the easement described in Exhibit A to CITY and its successors and assigns for so long as CITY shall use the aforesaid real property for any of the purposes mentioned above. If CITY fails to use the aforesaid real property for such purposes for a continuous period of one (1) year or more, the above-described real property shall automatically revert to COUNTY and its successors and assigns without it being necessary for COUNTY and its successors or assigns to take any affirmative action to effectuate the reverter. UNDERGROUND WATER AND TELECOMMUNICATIONS LINES EASEMENT AGREEMENT — PAGE 1 g'tea\real estate projects\eagle water tank%underground water line easement.doc CITY covenants with COUNTY, its successors and assigns, that after any maintenance, inspection, replacement, excavation, preparation, installation, backfill, or repair activities, CITY will restore the surface of the ground including any paving and/or landscaping located thereon to as good of condition as when entered upon by CITY or its agents for so long as this easement shall be in effect. IN WITNESS WHEREOF, these presents have been executed by the undersigned this 2.�7day of 2006. COUNTY: Board of Ada County Commissioners By. Rick Yzaguirre, Ch n By: '�'Judy. . Peavey-Der�Co�issio�ner � F By: redZ7�,Commissioner ATTEST: avid Navarro, Ada County Clerk STATE OF IDAHO ) ) ss. County of Ada On this day of _ Y l � t C �, , 2Q_L-, ; before me a notary public, personally appeared Rick Yzaguirre, Judy M. Peavey -Derr, and Fred Tilman known or identified to me, to be the County Commissioners of Ada County, that executed the said instrument, and acknowledged to me that Ada County executed the same. t�, I 0s8 MAI 11P q��'Not Public or Idaho * µOT,�- Commission Expires i 2 AFTER AND TELECOMMUNICATIONS LINES EASEMENT tanklunderground water line easement.doc FtB-02-2006 THU 04:45 PM Holladay Engineering FAX N0. 6422159 P. 03 20'W1DO WATER/ GIDMMUNZCAT10JV &WEMLCNT A strip of land 20 feet wide lying within a portion of the NW1/4SW1/4 Section 2 and the NEI/4SE1/4 Section 3, Township 4 North, Range 1 East, Boise Meridian, Ada County, Idaho, said strip lying 10 feet on each side of the foilowing described centerline: COMMENCING at the quarter corner common to -Sections 3 & 2, Township 4 North, Range 1 East, Boise Meridian; thence along the north line of the southeast quarter of said Section 3, N 89029'29" W 665.66 feet to a point on the easterly right-of-way line of State Highway No. 55; thence along the said right-of-way fine S 1800650" E 779.18 feet to the intersection of said right-of-way line and the centerline of an easement described in Inst. No. 7917727, said point being the POINT OF BEGINNING of said centerline; thence N 60015'23" E 216.05 fleet, along said easement centerline; hence N 62052123" E 900.00 feet to the POINT OF TERMINUS. EXCEPTING THEREFROM all lands lying northeasterly of the easterly line of Ada County Lease Area as shown on Record of Survey #3091 (Inst. No. 95006284). The north and south sidelines at the west end of said easement shall be shortened or extended to terminate at the said easterly right-of-way line. The parcel of land to which this description applies contains 2.2,321 square feet (0.51 acres), more or less. Bearings are based upon the Ada County Lease Area as shown on Record of Survey #3091 (Inst;. No. 95006284). G:\r g\0211MSks mAWA"MR-MMMUNICA770N.doc Prepared by: Dean J. Coon, PLS, EIT Holladay Engineering Co. Page 1 of 1 m W Z W LLJ W r o 2 Z Q O� U VW1 z LL. 0 O U LLJ (no W Z D� z m N Q O W U W W O V) Z LL. a O� N fo z W q* Fa zV 8 '&UM*" i SIP.�t1Yi