Easement - Terra View LLC - 2024 - Terra View Subdivision - Terra View Water LineAoACOUNTY RECORDER Trent Tnpple
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CITY OF EAoLE.|oAHo
2024-004811
01/30/202404:20PM
NO FEE
EASEMENT AGREEMENT
THIS EASEMENT AGREEMENT ("Agreement") is made and entered into thist day
.2O24,byand between Terra Vievv. LLC' referred to as "Grantor", and the
CITY OF EAGLE, �60 E. Civic Lane, Eagle, Idaho, 83616, hereinafter referred to as "Grantee".
RECITALS
A. Grantor are the owner of certain real property situated in the City of Eagle, Ada County
Idaho, hereinafter referred to as the "Subject Pro 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 solong, assaid 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 toherein memorialize the
terms and conditions which will govern the granting and use of the aforementioned
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 ayfollows.
l. The above Recitals are a material part of this Agreement and are incorporated by reference
asthough they were fully set forth herein.
2. 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").
3. 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, o public right-of-way or a dedicated street or road, said Easement shall be
deemed to be ofnoforce or effect for so long as said right-of-way remains dedicated
public street orroad, 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. |norder to carryout the provisions of this Agreement,Grantor further conveys toGrantee,
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 orlocated inthe 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 orassigns.
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 ofthe Grantor.
7. This Agreement, and the easement herein granted shall be appurtenant to, and run with
the title tothe real property encumbered thereby, and shall obligate, and inure tothe
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"
Terra View, LLC
By: Developers Services, Inc.
An Idaho Corporation
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By
Brian F,:McCo||,President
"GRANTEE"
CITY [>FEAGLE
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Brad Pike, Mayor
TTEST
Bv0X(Uq
Tracy E. Osoor'A—,City Clerk
STATE OF IDAHO
County of •t ax, )
On this day of January , 2024, before me, ct 0 ' .A ' ° "-im ;`. a; Notary
Public for said County and State, personally appeared Brian F. McColl, known or identified to me to
be the President of Developers Services, Inc. the Manager of the limited liability company Terra
View, LLC, and the person who subscribed said name to the foregoing instrument, and
acknowledged to me that he/she/they 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.
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STATE OF IDAHO
County of Ada
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NOTARY PUE.LI)C FOR IDAHO
Residing at...
My commission expires I f, u 2,071g
On this t0 day of sa‘f(I't\iJ , 2024, before me, . i UN'Li1CS;15 , a
Notary Public in and for said County and State, .lersonally appeared Brad Pike,'kCnown 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.
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EXHIBIT "A"
DESCRIPTION OF LAND FOR EASEMENT PURPOSES
A parcel of land, located in a portion of the S1/2 of the SW1/4 and the SW1/4 of the SE1/4 of
Section 34, Township 5 North, Range 1 West, Boise Meridian, Ada County, Idaho, being more
particularly described as follows:
A) BEGINNING at the South One -Quarter corner of said Section 34, Township 5 North, Range 1
West, from which, the Southwest Section corner of said Section 34, bears N.89°03'27"W.,
2638.01 feet; thence, along the south line of the of the SW1/4 of said Section 34,
1. N.89°03'27"W., 3,65 feet; thence, leaving said south line
2. N.00°25'S5"E,, 358.01 feet; thence,
3. N,89°28'32"W., 1744,13 feet; thence,
4. N.00°31'28"E,, 20.00 feet; thence,
5, S.89°2.8'32"E., 392,18 feet; thence,
6, N,00°31'28"E., 7.00 feet to the proposed north right-of-way of W Riojo Way; thence, along
saki proposed right-of-way,
7. S.89°28'32"E., 10.00 feet; thence, leaving said proposed right--of-way,
8. S,00°31'28"W,, 7.00 feet; thence,
9, S.89°28'32"E., 521,06 feet; thence,
10, N.00°31'28"E,, 7.00 feet to the proposed north right-of-way of W Riojo Way; thence, along
saki proposed right -of --way,
11. S.89"28'32"E., 10.00 feet; thence, leaving said proposed right-of-way,
12. 5,00°31'28"W., 7.00 feet; thence,
13. S.89°28'32"E., 211.32 feet; thence,
14. N.00°31'28"E., 7.00 feet to the proposed north right-of-way of W Riojo Way; thence, along
said proposed right-of-way,
15. S.89°28'32"E., 16.00 feet; thence, leaving said proposed right-of-way,
PAGE 1 OF 2
247 I S. Titanium ?:ace PYt�;i.�:rn; ID 83642 208.323.2288 i •i.;°v.,,:::'&r; .,
ARUR
16, S.00 31'28HW,, 7.00 feet; thence,
17.5,89°28'32"E., 231,62 feet; thence,
18. N.O0 31`28"E., 7.00 feet to the proposed north right-of-way of W Riojo Way; thence, along
said proposed right-of-way,
19, 5.89'28'32"E., 10.00 feet; thence, leaving said proposed right-of-way,
20. 5,00'3:1'28" ,, 7.00 feet; thence,
21. 5.89'28'32"E,, 341,92 feet; thence,
22. N.00°2 a`55"E,, 35.00 feet; thence,
23. 5,89°30'47"E., 20,00 feet; thence,
24. S.00"25'55" '., 124,80 feet; thence,
25. 5,89°34'05"E., 16,93 feet to the proposed east right-of-way of N Palmer Way; thence, along
said proposed right-of-way,
26. 5,00°29'13"'W,, 10.00 feet; thence, leaving said proposed right-of-way,
27. N.89"34'05"W., 16.92 feet; thence,
28. S.00°25'55"W., 278.37 feet to the south line of said Section 34; thence, along said south
line,
29. N.89°O4`52"W., 16.35 feet to the POINT OF BEGINNING
CONTAINING: 43,641 square feet (1.002 acres), more or less.
SUBJECT TO: all Record Documents,
EXHIBIT B: attached and made a part hereof.
PAGE2OF2
2471 S. Thcnium Pk3ce Meridian, ID 83642 ? 208.323.2288
LA230520%03._.CALASuzveyki3cundaly,230520._.ExhibiEsAveg, 1/12/2024 8:04:07 MA, Mon Neursauor, DWG Te PDF.pc3
2020 ARDURRA GROUP INC, THIS INSTRUMENT IS THE PROPERTY OF ARDURRA. ANY REPRODUCTION, REUSE OR MOFICAT ION OF THIS INSTRUMENT OR ITS CONTENTS WITHOUT SPECIFIC WRITTEN PERMISSION OF ARDURRA IS STRICTLY PROHIBITED,
EXHIBIT "B"
LOCATED IN A PORTION OF THE S112 OF THE SW114 AND THE SW114 OF THE SE1I4 OF SECTION 34,
TOWNSHIP 5 NORTH, RANGE I WEST, BOISE MERIDIAN, ADA COUNTY, IDAHO
2024
a
a
LINE
L37
L44-- FL45 L46
1_43
S89'28'32"E 211.32'
7777-7777
7-7
L38
L39
1.40
L41
W MO.10 WAY (PROPOSED)
,--4.47 L48
S89°28'32E 231,62'
-7/.'7•777
N89-28'32"W 1744.13'
— MATCH I INE
L41
S89'28'32E 392.18' L.40—,
58928'32"E 521,06'
7.777Z-7777777Z17:7
......... ...
/1-///>77::"Vt.
N89'28'32"W 1744.13'
--L.50
L.51
.S89`28'32"E 341.92'
LINE TABLE
BEARING
N89'07;27"W
N89'04'52"W
N 00°31'28"E
l'400°31'28"E
S89'28'32."E.
DISTANCE
3.65'
16,35'
20.00'
7.00'
10.00'
142 '500°31'28"W 7,00'
L43 NO0'31'28"E 7.00'
L44 S89°28'32"E 10.00'
LINE
L48
L49
L50
L51
1...52
L53
L.54
155
L45 SO0'31 '28"W 7.00' L56
L46
L47
NOW:31'28"E 7.00'
S89'28'32"E 1 16.00°
L57 N89'34'05W
....
L58 S0025'55”W
LINE TABLE
BEARING DISTANCE
SO0'31'28"W 7.00'
NOW31'28"E 7.00'
S89`28'32"E 10.00'
SOW31 '28"W 7.00'
NOW25'55"E 35.00'
889':30'47"E 20.00'
SO0'25'55"W 124.80'
S89`.34'05E 16.93'
SO0'29'13"W 10.00'
16.92'
278.37'
• •••
ROOJO WAY (PR(POSED)
2634.36'
N8903'27"W 2638.01'
BASIS OF BEARINGS
NV BEACON LIGHT RD,
EASEMENT AREA
230520..Unibit1 dwg
P.O.B.
S 114 COR.
7/1 •
=
J. 2024 200307
/\"\/ARDURRA
2471 S, TITANIUM PLACE
MERIDIAN, I0AI-I0 83642
208-323-2286 / WWW.ARDURRA.COM