Easement - 801 BTH, LLC - 2023 - Pescara Estates Subdivision - Pescara Estates Subdivision aoAoouwrY RECORDER Trent Tnpple 2023-070908
oo|nE/oAnn Pgp~rc*eFOWLER 12/22/202300:03AM
CITY or EAGLE,|oAHo NO FEE
EASEMENT AGREEMENT
\ �
THIS EASEMENT AGREEMENT ("Agreernent") is made and entered into this day
of T\� ��/- , ZD23, byand between801 BTH, LLC, hereinafter referred toas "Grantor",
ond the—'- CITY OF LE, G6DE. CivicLane, Eag!a, }daho,83616, here}naftarreforredtoas"Grontee".
RECITALS
A. Grantor is the owner of certain real property situated in the City o[ Ea�}e, Ada Count�
' Idaho, hereinafter referred to as the "Subject Property", and more particularly described
in ExhiUit°X'heretn'
`
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 o-ver,under and across a certain �
portion of the Subject Property for an underground water!|ne. !
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 ri8ht'of-vvay.
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 OFEASEMENT
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 arid
assigns, agree esfollows:
1. The above Recitals are a material part of this Agreement and are incorporated by reference
as though they were fully set forth herein.
2. Grantor, termssubject tothe terms and conditions hereinafter set forth, hereby grant and convey
d d '
unto the Grantee, its successors and assigns, an easement over, under an across ..
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").
'
l The Easement shall be permanent and perpetual, unless Grantee agrees h1 writing to its
termination, or it is otherwise abandoned or vacated bythe Grantee; provided, however,
that should any portions of6o Easement hereafter come to be located within, or become
a part of a public right-of-way or o 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 alternative agreements between Grantee and the governmental entity having
jurisdiction over said dedicated public street or road right-of-way.
4. In order to carry out the provisions of this Agreement, Grantor further conveys to Grantee,
its agents, employees, contractors, and assigns a temporary license to traverse or occupy a
portion of the Subject Property or Easement with vehicles and equipment for the purpose of
making 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.
5. 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.
6. 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.
7. 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"
801 BTH, LLC CITY OF EAGLE
By:
e acy, Mem er Jason fierce Mayor
ATTEST
By:
Tracy E Osborn, City Clerk
STATE OF IDAHO )
)ss.
County of Ada ) / i"
On this ( day of.Dt-)2114 '"', 2023, before me, a Notary Public for said
County and State, personally appeared Wayne Stacy, known or identified to me to be a Member of
801 BTH, LLC, and the person who subscribed said name to the foregoing instrument, and
acknowledged to me that he executed the same in said "GRANTOR'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.
0011111!11100
pose....c..... es
• ��•'• NOTARY PUBLIC OR HO
COMMISSION Residing at �
•
;
EXXPIRRESES •
MY 8 816 2024
• My commission expires W/ /G!/Z-0Z 7
S.'•i�ony T�TFOF l01:s..1.,5")
4%70
Wooltlhg�\'
STATE OF IDAHO )
County of Ada
On this (.I day of DtCP , 20*, before me,t'/xfl 3i�6ir,jor, a
Notary 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 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.
••••���� NOTARY PUBLIC FOR IDAHO/
;`�� '•••••h8lj , Residing at Cad&, rak h(7
��tor AR}'��'ts�� My commission expires S12/Zk
�o PUBLtCy;
Exhibit "A"
Legal Description
Pescara Estates Subdivision — Water Easement
An easement being over a portion of Government Lot 3 of Section 4, Township 4 North, Range 1
East, Boise Meridian, City of Eagle, Ada County, Idaho, and more particularly described as
follows:
Commencing at an Aluminum Cap monument marking the northeast corner of Government Lot
3 (N 1/4 Corner) of said Section 4, from which a Brass Cap monument marking the northwest
corner of said Section 4 bears N 89°50'53" W a distance of 2649.53 feet;
Thence along the northerly boundary of said Government Lot 3 N 89°50'53" W a distance of
331.15 feet to a point;
Thence leaving said northerly boundary S 0°25'28" E a distance of 48.00 feet to a point on the
southerly right-of-way of E. Beacon Light Road, the POINT OF BEGINNING;
Thence along said southerly right-of-way S 89°50'53" E a distance of 62.46 feet to a point;
Thence leaving said southerly right-of-way S 44°48'42" W a distance of 28.81 feet to a point;
Thence N 89°34'32" E a distance of 14.60 feet to a point;
Thence S 0°25'28" E a distance of 33.26 feet to a point;
Thence S 89°34'32" W a distance of 14.60 feet to a point;
Thence S 0°25'28" E a distance of 264.38 feet to a point;
Thence N 89°45'00" E a distance of 31.62 feet to a point;
Thence S 0°15'00" E a distance of 10.00 feet to a point;
Thence S 89°45'00" W a distance of 24.59 feet to a point;
Thence S 0°15'00" E a distance of 3.95 feet to a point;
Thence S 89°34'32" W a distance of 6.98 feet to a point;
Thence S 0°25'28" E a distance of 116.86 feet to a point of curvature;
Thence a distance of 113.17 feet along the arc of a 521.00 foot radius curve right, said curve
having a central angle of 12°26'45" and a long chord bearing S 5°47'55" W a distance of 112.95
feet to a point of reverse curvature;
Thence a distance of 28.06 feet along the arc of a 479.00 foot radius curve left, said curve having
a central angle of 3°21'23" and a long chord bearing S 10°20'36" W a distance of 28.05 feet to a
point;
Pescara Estates Subdivision
Land Surveying and Consulting Water Easement
Job No.20-81
Page 1 of 3
Thence S 80°53'40" E a distance of 7.05 feet to a point;
Thence S 9°06'20"W a distance of 10.00 feet to a point;
Thence N 80°53'40" W a distance of 6.87 feet to a point;
Thence a distance of 65.99 feet along the arc of a 479.00 foot radius non-tangent curve left, said
curve having a central angle of 7°53'36" and a long chord bearing S 3°31'20" W a distance of
65.94 feet to a point of tangency;
Thence S 0°25'28" E a distance of 165.19 feet to a point;
Thence N 89°29'18" E a distance of 31.64 feet to a point;
Thence S 0°30'42" E a distance of 10.00 feet to a point;
Thence S 89°29'18" W a distance of 31.66 feet to a point;
Thence S 0°25'28" E a distance of 24.90 feet to a point of curvature;
Thence a distance of 22.87 feet along the arc of a 21.50 foot radius curve left, said curve having
a central angle of 60°56'27" and a long chord bearing S 30°53'41" E a distance of 21.80 feet to a
point of reverse curvature;
Thence a distance of 114.97 feet along the arc of a 66.00 foot radius curve right, said curve having
a central angle of 99°48'35" and a long chord bearing S 11°27'37" E a distance of 100.98 feet to
a point;
Thence S 48°13'41" E a distance of 8.10 feet to a point;
Thence S 41°46'19" W a distance of 10.00 feet to a point;
Thence N 48°13'41" W a distance of 8.28 feet to a point;
Thence a distance of 88.84 feet along the arc of a 66.00 foot radius non-tangent curve right, said
curve having a central angle of 77°07'17" and a long chord bearing S 85°41'46" W a distance of
82.28 feet to a point;
Thence S 36°51'44"W a distance of 32.70 feet to a point;
Thence N 53°08'16" W a distance of 10.00 feet to a point;
Thence N 36°51'44" E a distance of 33.00 feet to a point;
Thence a distance of 123.91 feet along the arc of a 66.00 foot radius non-tangent curve right, said
curve having a central angle of 107°33'57" and a long chord bearing N 6°44'00" E a distance of
106.50 feet to a point of reverse curvature;
Li DIutiorts Pescara Estates Subdivision
Len°4u eying andC°nsnIdng Water Easement
Job No.20-81
Page 2 of 3
Thence a distance of 22.87 feet along the arc of a 21.50 foot radius curve left, said curve having
a central angle of 60°56'27" and a long chord bearing N 30°02'45" E a distance of 21.80 feet to a
point of tangency;
Thence N 0°25'28" W a distance of 200.09 feet to a point of curvature;
Thence a distance of 40.62 feet along the arc of a 521.00 foot radius curve right, said curve having
a central angle of 4°28'02" and a long chord bearing N 1°48'33" E a distance of 40.61 feet to a
point;
Thence S 89°34'32" W a distance of 31.31 feet to a point;
Thence N 0°25'28" W a distance of 10.00 feet to a point;
Thence N 89°34'32" E a distance of 32.19 feet to a point;
Thence a distance of 62.51 feet along the arc of a 521.00 foot radius non-tangent curve right, said
curve having a central angle of 6°52'29" and a long chord bearing N 8°35'03" E a distance of
62.47 feet to a point of reverse curvature;
Thence a distance of 104.05 feet along the arc of a 479.00 foot radius curve left, said curve having
a central angle of 12°26'45" and a long chord bearing N 5°47'55"E a distance of 103.84 feet to a
point of tangency;
Thence N 0°25'28" W a distance of 449.39 feet to the POINT OF BEGINNING.
This easement contains 1.21 acres and is subject to any other easements existing or in use.
Clinton W. Hansen, PLS co'
L LAN
Land Solutions, PC co T E,F
December 6, 2023 o e
�11118
0 `�,IZ1ob(23.r
4„ 6- OF \\co
TONW . \'`P
_---Th
La-ridgekitiOnS Pescara Estates Subdivision
Water Easement
Land Surveying and Consulting
Job No.20-81
Page 3 of 3
Exhibit "B"
PESCARA ESTATES SUBDIVISION -
WATER EASEMENT - EXHIBIT
BASIS OF BEARING E. BEACON LIGHT RD.
_ N89'50'53"W 2649.53' �
32 33 T5N - LINE TABLE LINE TABLE
5 4 T4N 2318.38' J L2 �,y 331.15' 4 1/4 LINE LENGTH BEARING LINE LENGTH BEARING
POINT OFr~ �L4 L1 48.00' S0'25'281 L15 6.87' N80'53'40"W
BEGINNING -L
AREA=1.21 ACRES L6 L2 62.46' S89'50'53"E L16 31.64' N89'29'18"E
m
i "'Cri w L3 28.81' S44'48'42"W L17 10.00' SO'30'42"E
'CO
ill
N L4 14.60' N89'34'32"E L18 31.66' 589'29'18"W
O N
"' L5 33.26' S0'25'28"E L19 24.90' S0'25'28"E
i lip .gN L7 L6 14.60' S89'34'32"W L20 8.10' 548'13'41"E
_ Z
Lg L7 31.62' N89'45'00"E L21 10.00' S41'46'19"W
--I �� L1i L8 10.00' S0'15'00"E L22 8.28' N48'13'41"W
.J I I
I L9 24.59' 589'45'00"W L23 32.70' S36'51'44"W
��
I 3 L10 3.95' S0'15'00"E L24 10.00' N53'08'16"W
oi ► L11 6.98' S89'34'32"W L25 33.00' N36'51'44"E
Ul U' C13 L12 116.86' S0'25'28"E L26 31.31' 589'34'32"W
JL 1 L15
L26Iu ic' L13 7.05' S80'53'40"E L27 10.00' NO'25'28"W
I I`1'
i 1 L14 10.00' S9'06'20"W L28 32.19' N89'34'32"E
CV,-
,)ooI iin •
in
ONI Icsico
ib-
o N 1 j CURVE TABLE
N I 1 - -L17 - - CURVE LENGTH RADIUS DELTA BEARING CHORD
cb j �kc L18
�
� C1 113.17' 521.00' 12'26'45" S5'47'55"W 112.95'
c�ij 1v C2 28.06' 479.00' 3'21'23" S10'20'36"W 28.05'
1 I • _
,�h C6�,3`?o C3 65.99' 479.00' 7'53'36" S3'31'20"W 65.94'
2g ,ti 2 `'�\ C4 22.87' 21.50' 60'56'27" S30'53'41"E 21.80'
/ N.
C5 114.97' 66.00' 99'48'35" S11'27'37"E 100.98'
f/ \\ C6 88.84' 66.00' 77'07'17" S85'41'46"W 82.28'
f/ `, C7 123.91' 66.00' 107'33'57" N6'44'00"E 106.50'
f C8 22.87' 21.50' 60'56'27" N30'02'451 21.80'
I
\ C9 40.62' 521.00' 4'28'02" N1'48'331 40.61'
_
v1/41.LA
S�oN�STE OS CIO 62.51' 521.00' 6'52'29" N8'35'03"E 62.47'
'P
• q- IIN C11 104.05' 4-79.00' 11226'45" N5'47'55"E 103.84'
xi
N,, itiob23,r�
�(`�Tre o \o c4Q 4---------7)
ON W NP joiutons
and Surveying and Consulting
0' 1 00' 200' 400' 231 E.5TH ST,STE.A
MERIDIAN,ID 83642
(208)288-2040 (208)288-2557 fax
www.landsolutions.biz J08 NO.20-al
I