Easement - Tannenbaum Subd. No 3 - 3/28/2017ADA COUNTY RECORDER Christopher D. Rich
BOISE IDAHO Pgs=6 VICTORIA BAILEY
EAGLE CITY
2017-035056
04/21/2017 12:14 PM
NO FEE
11111111111 I0I6I2I0I1I710101315101516111010163111111111 111
EASEMENT AGREEMENT
THIS EASEMENT AGREEMENT is made and entered into this(7day of ,
2017, by and between SMITH BRIGHTON INC., an Idaho corporation, referred o herein 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 Propertyi", 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. 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 and depicted in Exhibit "B"
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 public street or road, during which time Grantee's rights shall be
governed by applicable law and/or altemative agreements between Grantee and the
governmental entity having jurisdiction over said dedicated public street or road right-of-
way.
EASEMENT AGREEMENT - 1
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" "GRANTEE"
SMITH BRIGHTON INC. CITY OF EAGLE
B
David W. Turnbull, President
EASEMENT AGREEMENT - 2
By.
•
Stan Ridgeway, Mayorr'°1-40
ATTEST
By: 42mto _ V
Sharon K. Bergmann, City CI rk
STATE OF IDAHO
ss.
County of Ada
On this day of � 'Y1 1 , 2017, before me, a Notary Public for said County and
State, personally appeared David W. Turnbull, known or identified to me to be the President of
said corporation and the person who subscribed said name to the foregoing instrument, and
acknowledged to me that he executed the same in said corporation'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.
AMANDA McCURRY •
NOTARY PUBLIC
STATE OF IDAHO
NVTA-Y PUBLIC`F sR IDAHO V
My commission expires VAS OD Z3
STATE OF IDAHO )
)ss.
County of Ada ) ]
On this / _ day of ,Yt I , 2017, before me, a Notary Public, in and for said
County and State, personally appeared Stan Ridgeway and Sharon K. Bergmann, known or
identified to me to be the Mayor and City Clerk, respectively, 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.
EASEMENT AGREEMENT - 3
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Date: January 10, 2013
Project No. 112095
EXHIBIT A
Subject Property
Tannenbaum
SUBDIVISION
DESCRIPTION
A parcel of land located in the SW 1/4 of Section 2, T. 4 N., R.1 W., B. M., Ada
County, Idaho, more particularly described as follows:
Commencing at the 1/4 Section Corner common to Sections 2 and 11 of said
T. 4 N., R. 1 W.;
Thence North 01°00'54" East, 530.79 feet on the section line common to said
Sections 2 and 11 to the southeast corner of Parcel B, as same is shown on Record -of -
Survey Number 7178 of Ada County Records, (from which point the Center 1/4 Section
Corner of said Section 2 bears North 01°00'54" East, 2125.23 feet distant);
Thence from said southeast corner of Parcel B, North 89°17'12" West, 1328.60
feet on the section line common to said Sections 2 and 11 to the southwest corner of said
Parcel B, which point is also the southeast corner of Parcel A as same is shown on said
Record -of -Survey Number 7178, said point being the REAL POINT OF BEGINNING;
Thence continuing North 89°17'12" West, 1302.99 feet on the southerly
boundary line of said Parcel A to a point on the Section line common to Sections 2 and 3
of said T. 4 N., R. 1 W., said point being the southwest corner of said Parcel A;
Thence North 00°48'40" East, 2125.20 feet on the Section line common to said
Sections 2 and 3 to the 1/4 Section Corner common to said Sections 2 and 3, said point
also being the northwest corner of said Parcel A;
Thence South 89°17'12" East, 1302.99 feet on the east -west mid-section line of
said Section 2 to the northerly property corner common to said Parcels A and B of
Record -of -Survey Number 7178;
Thence South 00°48'40" West, 2125.20 feet on the property line common to said
Parcels A and B to the real point of beginning. Parcel contains 63.57: .core or ess.
PREPARED BY:
THE LAND GROUP, INC.
James R. Washburn, PLS
Landirope Arrbitecmre • Sile Planning • Civil Engiuee i ,g • Golf Course Irrigation & E,gunen AraMA ? imitation
462 E. Shore Drive, Stc. 100, Eagle, Idaho 83616 • P 208.939.4041 17 208.939.4145 • www.thciandkrnupinc.mm
Exhibit A to Easement Agreement
1
January 11, 2017
Project No. 116119
EXHIBIT B
Description and Depiction of Easement
Exhibit "A"
TEMPORARY UTILITY EASEMENTS
Easement No. 1
An easement located in the Southwest One Quarter of Section 2, Township 4 North, Range 1 West, Boise
Meridian, Eagle, Ada County, Idaho, being more particularly described as follows:
Commencing at the One Quarter Section Corner common to Sections 2 and 3 of said Township 4 North, Range 1
West, (from which point the Center One Quarter Corner of said Section 2 bears South 89°17'12" East, 2639.15
feet distant);
Thence South 00°48'40" West, a distance of 1082.20 feet on the Section Line common to said Sections 2 and 3
to the Northwest corner of Tannenbaum Subdivision No. 1, recorded in book 107 of Plats at Page 14920 of Ada
County Records;
Thence North 43°19'39" East, a distance of 429.94 feet to the POINT OF BEGINNING;
Thence North 48° 10' 28" West, a distance of 30.00 feet;
Thence North 41° 49' 32" East, a distance of 30.00 feet;
Thence South 48° 10' 28" East, a distance of 30.00 feet;
Thence South 41° 49' 32" West, a distance of 30.00 feet to the point of beginning.
ALSO INCLUDING:
Easement No. 2
An easement located in the Southwest One Quarter of Section 2, Township 4 North, Range 1 West, Boise
Meridian, Eagle, Ada County, Idaho, being more particularly described as follows:
Commencing at the One Quarter Section Corner common to Sections 2 and 3 of said Township 4 North, Range 1
West, (from which point the Center One Quarter Corner of said Section 2 bears South 89°17'12" East, 2639.15
feet distance); Thence South 00°48'40" West, a distance of 1082.20 feet on the Section Line common to said
Section 2 and 3 to the Northwest corner of Tannenbaum Subdivision No. 1, recorded in Book 107 of Plats at
Page 14920 of Ada County Records; Thence North 73°08'24" East, a distance of 1153.10 feet to i - POINT OF
BEGINNING;
Thence North 03° 42' 07" West, a distance of 30.00 feet;
Thence North 86° 17' 53" East, a distance of 30.00 feet;
Thence South 03° 42' 07" East, a distance of 30.00 feet;
Thence South 86' 17' 53" West, a distance of 30.00 feet to the point of
beginning.
PREPARED BY:
THE LAND GROUP, INC.
Exhibit B to Easement Agreement
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WEST QUARTER
SECTION 2
T.4N,R.1W,B.M.
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S89°17'12'E 2639.15'
EASEMENT 1
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POINT OF BEGINNING
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UW CORNER OF TANNENBAUM SUBDIVISION NO. 1
S.V. S.2
S.10 S.11
IJu
W. FLOATING FEATHER RD.
EASEMENT 2
L5
POINT OF BEGINNING
Line Table Une Table
LINE BEARING LENGTH LINE BEARING LENGTH
L1 N48°10'28'W 30.00' L5 NO3°42'07'W 30.00'
L2 N41°49'321 30.00' L6 N86°17'53'E 30.00'
L3 S48°10281 30.00' L7 S03°42'071 30.00'
L4 S41°49'32'W 30.00' 18 S86°17'53'W 30.00'
aEasement Exhibit
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THE LAND GROUP
fitgat. INCORPORATED
IPA Of
462 LW Mai Dare. Stle 100
Eagle. ION 67616
PP= 206 939 4011 • Fa 206 939 4445
Exhibit B to Easement Agreement
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Tannenbaum Subdivision No. 3
Temporary Utility Easements 1 & 2 Po..
Exhibit B1 of 1
Eap1a Id,.