Easement - AG Essential Housing - 2023 - Arvory Crest Sub No. 2 - City Water System EasementADA COUNTY RECORDER Trent Tripple 2023-038223
BOISE IDAHO Pgs=5 CHE FOWLER 07/03/2023 09:33 AM
CITY OF EAGLE, IDAHO NO FEE
UISMINT V NXT. AG RE E-MI.NT1
TIES PASI-'MEN'I'A('IRP.F.Ml-�IN'I' is made and entered into this AF.
day 41�,
2023), by and between AG ESSENTIAL HOUSING, referred to as "Grantor", and the CITY OF
EAGLE, 660 E. Civic Lane, Eagle, Idaho, 83616, hereinafter referred to as "Grantee".
R E C ITA I-, "'i':
A� Grantor is the owner of certain real property situated in the City of Eagle, Ada County,
Idaho- hereinafter referred to as the "Sul:iject Prove-t-tv". and more particularly described
in Exhibit "A" hereto.
B. The Grantee is the owner and operator of a municipal water system, and in connection
there,,6th, desires to acquire front the Grantor an easement over, under and across a certain
portion of the Subject property for an underground Nvater line.
(,I. Pie parties further desire to provide that the effectiveness of said casement, or portions
thereof, may be suspended 1f, and for so long, as said easement or portions thereof are
located within any dedicated public road right-of-N,%Fay.
D� The Grantee and the Grantor have agreed upon,
and desire to herein memorialize the
terms and conditions which will govern the granti.n and use of the aforementioned
casement.
AGREENME-NT ANDJ�,RANT OF EASEMENT,
NOW, J-HEREFOlU, in consideration of the mutual covenants and conditions herein
contained, wid fbr 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:
I 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 aenerally as shown on
Exhibit "B" attached hereto, for the purpose of permitting the Grantee to therein
construct, install, rnainUiin, repair, replace, use, and operate an underground water line
or lines, and related facilities ("Easement").
1. -1 - antee agrees in writing to its
- The 1�asemertt shall be permanent and perpetual, unless Gr, . C�
termination, or it is otherwise abandoned or vacated by the Grantee,- provided, however,
that should any portions of the 1-.asement hereafter conie 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
EASEMENTAGREEMENT - I
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
ir1jury or property dainage resulting from, or in any way connected with, any use or
activity undertaken or permitted by the Grantee, or any of its agents, ernployees,,
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.
"GUNTOR"
AG Essential Housing Multi State 2,
LLC
Bv:
1
Steven S. Benson, -the Manager cIAGWIP Asset ,
K,',,anagerrent, LLr-, an Anzana hrnite�d ltab;.tty
cc,inpany, tne AtithocaW Agent d AG ES-5--n-na,
'10LISNIg k4U4;'3!a*,62, U-01
"GRANTEE"
CITY OF EAGLE
Bv-
�,I-'—erce, TMayor
ATT T
01 Tracy E. i �'itv Clerk-.
10
EASENILNIT AGICENIENT - 2
S'I',,VI'E OF ARIZONA)
ss.
County of Maricopa )
On this -,, —day of /77� 2023, before me, a Notary Public for said County
and State, personally appeared known or identified to me to be
the FAW�l 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.
I-N, WITNESS WHEREOF, I have hereunto set my hand and affixed any official seal itie day
and year indais certificate first above written.
jakne Mar:ie.Azams
Notary Put4c
MeAcopa Gourqy, Anizorke.
i,
MY COMM ExpirPs 07-01-25
STATE OF IDAHO )
)ss.
County of Ada
Residinat C-4
_g14,1in'
------------ 4
My commission expires
On this "It/tt') day of--)—U' 2023, before me, a Nlotai-v 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, the body politic that executed the foregoing instrument, and acknowledged to me that
such body politic executed the same.
I
IN WITNESS ' REOF, I have hereunto set my hand and affixed my official seal the day
and vear in this certificate first above wraten.
* No.
OF
-7U'Altl PU8 -1 -------- ---------------
Residingat:
---AC 0
My commission
EASENIEM'AGRFEMENT - 3
--------------------------
EaT-0 ENGINEERS
May 17, 2022
Project No.: 200389
EXHIBIT "A"'
ARVORY ("'REST SUBDIVISION NO. 2
CITY OF EAGLE WATER SYSTENT. EASEMENT
City of Eagle water system easement located in the SE1,14 of the SE1/4 of Section 4,
Township 4 North, Range I West, Boise Meridian, City of Eagle, Ada County, Idaho, being
more particularly described as follows:
COMMENCING at the corner common to Sections 3, 4, 9, and 10, Township 4 North,
Range 1 West, Boise Meridian, from which the South. One -Sixteenth corner of said Section 4
bears N.00*4431"E., 1320.07 feet; thence, along the east line of said Section 4,
A) N.00'44'31"E.. 195.54 feet; thence, leaving said east line,
13) N.89-1529"W,, 93.27 feet to the POINT OF BEGINNING; thence,
I ) N,88'31'50"W., 13.55 feet; thence,
2) N.0 I - 1 1`30"E., 39.57 feet; thence,
3) S,88-31 '50"E., 14.39 feet to the west right-of-way of Proposed N. Hamlin Ave.
and the beginning of a non -tangent curve; thence, along said west right-of-way
the following two courses:
4) Southwesterly along said curve to the left, having a radius of 1038.00 feet, an arc
length of 36.37 feet, through a central angle of 2'00'26". of which the long chord
bears S.00"33'36"W., 36.36 feet to a point of non -tangency; thence,
5') S,22"119'59"W., 3.44 feet to the POINT OF BEGINNING.
CONTAINING: 0,013 acres, more or less.
S, T a r i i u i r i 'i3 c E e tlesfaat, I ED ".3 -3 6 42 i P: C) S. 3 -"2 8 8 1 t e t -, g i n e r r o M,
EXHIBIT fRB?o
0
ARVORY CREST SUBDIVISION O. 2
r.
CITY OF EAGLE WATER SYSTEM EASEMENT
LOCATED IN THE SEI/4 OF THE SE114 OF SECTION 4,
TOWNSHIP 4 NORTH, RANGE I WEST, BOISE MERIDIAN, ADA COUNTY, IDAHO
2022
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RADIUS
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DELTA EIEARINC C,
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Cl 1038.00" 3637'
2-00'26 S10-33'36"W
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LINE TABLE
LINE
I BEARING DISTANCE
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N88-31'50- 33. 5 55'
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S88*311'50"E i k39'
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522- 9'59"W 3,44
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T-0 ENGINEERS
2471 S. TITANIUM PLACE
MERIDIAN, IDAHO 83642
208-323-2288 1 WWWTO-ENGINERSXOM