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Easement - G&G Investments Idaho, LLLP - 2024 - Beacon Light & Hwy 16 - Beacon Light & Hwy 16 Gas Station Water Easement ADA COUNTY RECORDER Trent Tripple 2024-004812 BOISE IDAHO Pgs=5 NIKOLA OLSON 01/30/2024 04:20 PM CITY OF EAGLE, IDAHO NO FEE EASEMENT AGREEMENT Mlle" EA_SEMENT AGREEMENT ("Agreement") is made and entered into this r'` day of 1�r;t rv, , 2024, by and between G&G Investments Idaho, LLLP, referred to 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 Property", 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. 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, 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 ,art or, 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 andfor 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" G&G Investments Idaho, LLLP CITY OF EAGLE 4.1 —\\ —,,,,,,;..7 Gregory R., bendorf Brad Pike, Mayor 17.1 i 4kp,,,,t acs,>,,,, ATTEST f EA � 2 .., ,C.0/.., „Ayooarb . •A h nJ Jy••1.c a GIs 2V0 4 ,$,, PA �.7--) Lo ,-, . ca a * B .-• .•L. . .•' L,w,,�j� — o o �, Qa S: A I.•^,a Tracy E. O o n,City Clerk Fdt �. , Fg,'a`F4Cv4-4tWco7C 0 STATE OF IDAHO County of(;Orvly 1\\___) On th Y 2024, before me, f M€ � 3 , a is day of �. Ca w Notary Public for said County and State, pesanally appeared Gregory R. Obendorf, known or identified to me to be 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. BRAD DINES ) COMMISSION#53676 / NOTARY PUBLIC STATE OF IDAHO NOTARY PUBLIC FOR IDAHO My Commission Expires 08/12/28 Residing at V:k1 ate', ' >.'' My commission expires 2 " 2c 2.` STATE OF IDAHO County of Ada f�) li (� On this A day.of X\ 2024, before me, -*V\ CFO CANT-3� , a Notary Public in and for said County and State, p rsonally appeared Brad Pike, 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. �•�ssaE�uapMa , ` CSEN • . -- I ©,te1.10 AR �;�'p NOT PUBLIC FOR IDAHO 41,_ vp— e Residing at a.c�1 t. , 0/ k FUBLACy E. INA rrRrmssion expires Z. 1...(p 2_c5 ski � .o w.ees. PE OF 'e',w .,���ja a ENGENEERiNG January 17,2024 Project No.23-022 City of Eagle Water Easement Legal Description Exhibit A A parcel of land for a City of Eagle Water€asement situated in a portion of Government Lot 1 of Section 4, Township 4 North,Range 1 West,gorse Meridian,City of Eagle,Ada County,Idaho and being more particularly described as follows: Commencing at a found aluminum cap marking the Northeast corner of said Government Lot 1 of Section 4, which bears S89°22`28"€:,a distance of 2,632.32 fe t from a found brass cap marking the North 1/4 corner of said Section 4; Thence following the northerly line of said Government Lot 1, 89°44'10"W a distance of 61.9.98 feet; Thence leaving said northerly line,S if°1S`.5("W a distance of 48.00 feet to the southerly right-of-way line of W. Beacon Light Rd.and being the POINT OF BEGINNING. ` hence following said.southerly right-of-way line,S "44`0"E a distance of 20.00 feet; Thence leaving said southerly right-of-way line,S00°S5`33"W a distance of 122.78 feet; Thence S34u09`44"W a distance of 45.99 feet; Thence N89*04`27'fW a distance of 31.1.16 feet; Thence S03°15'50"W a distance of 31.81.feet; Thence N83"441W"W a distance of 20.00 feet; Thence NOW15`50"E a distance of 52.04 feet; Thence S89°04`27"E a distance of 320,58 feet; Thence N34°09`44"E a distance of 29.21 feet; Thence NGD"55`33"E a distance of 116.58 feet to the POINT or BEGINNING. Said parcel contains 10,302 square feet,more or less,and is subject to all existing easements and/or rights-of- way of record or implied, Attached hereto is Exhibit B and by this reference is made a part hereof. „;t;0- 1-A Ait),0•.:, •' . ,,,,,, • :\ t - `1 lief d? - k. .. Qt V { .'.\\gyp>',, 5726 North Discovery Way * Boise,tdahe 83715 s 10 635.6e35° krnerag 1p..t:oni i i 1 LO 2 3 1 E .a=.. f t'U +) POINT OF COMMENCEMENT FOUND BRASS CAP W. BeaconLight Rd. �4 I _ FOUND. ALUMINUM �,P / NORTH ;t4 CORNER SECTION 4 BASES OF BEARING NORTHEAST CORNER SECTION t 3 S89-2.2'28'E 2632,32'' . - . - t, 5: 4 N89"01'07"w 1326.58 N80'44'10"W 1305,79' 1,33 34 1 NORTHWEST CORNER GOV'T LOT 1 ;a 7,11 _S80'44'10"E ) x A 1 ' POINT OF B GINIA NG ` Utta3 ? EN h x w '"' G&G Invsuments Idaho, LLLP b Lia G S0404110255 s I ...;.s S89'04'27"E 320,58' `v 2 / 11 TLo f a 1€€� NQ9''C3�o-' "'' 31?.1 b` ..... m.-.....,....... .......,.,-o...._.., c,,A> of tom_ SOO"`•S'.50"W i ` ,, ,. 4'.81' c\ ;c 8 OA r L,N80'44'10"w I1 :, a 0 60 120 no :T: E 3, ;E N G I N E E R E IN€ G m i 5725 NORTH OUC0VERY WAY ----------- ,... -'------ R 8O$E&.U.io g37t.3 gg,,,,,, .{. ?iffl\£(2D8) 33-693!3 Exhibit B xMn gEEp..orn City of ' ale Water Easement r,A'£: 3...72 2024 w PROJECT: 23t1;2 M A portion of Gov't Lot 1 of Section 4 SHEET: i i T4r., RIW., . � ., City of Eagle, Ada County, Idaho • a ........ .... ta , ....