Easement - TV 44, LLC & Arctic Wild, LLC - 2024 - Terra View South - Water Easement AoA COUNTY RECORDER Trent Tnpple 2024_004813
emoE|oAHo Pgp~*w|moLAoLaow 01/30202404:23PM
CITY OF EAoLE. |oAHo NO FEE
EASEMENT AGREEMENT
TH|SEASEME0TAGREEK4ENT /°Agreennent"\ isnmadeandenteredintothb3L/' day
. 2OZ4, b» and between TV44' LLC and ARCTIC WILD, LLC� referred to as
"Grantors", and t�e CITY OF EAGLE, 660 E. Civic Lane, Eagle, Idaho, 83816, hereinafter referred to
as "Grantee".
RECITALS
A. Grantors are 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 Grantors an easement over, under and across a
certain portion of the Subject Property for en 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 Grantors 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 Grantors, the parties hereto, for themselves, their heirs, successors and
assigns, agree asfollows:
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. Grantors, subject tothe 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 asshown
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 rEasernent"\.
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, 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 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, Grantors 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 Grantors 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 Grantors.
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"
TV 44, LLC CITY OF EAGLE
By: Developers Services, Inc.
An Idaho Corporation
Its: Mang 1;7' ''''''''''''''''''''''''
�e`r.f>
By 3 F r` .:°s , F By: :• '.
Brian F. fi cColl, President Bradl'Pike, Mayor i
ARCTIC WILD, LLC ATT T
fi
By: Developers Services, Inc. By r TX,CCiCRtl;•`„�R�9
An Idaho Corporation Tracy E. O orn, City Clerk ,°' L` rF3�
Its: Manger f as ;3 ,-�
9 n „„) a° ;i } as
•5
Brian F. McColl, President
O .
•, �':RFK 2ZCC3KC
STATE C]F | \
Cbuntyof
�
On this ^wL day of
oanua� �
, �, ��� �m yDmj � , a ���
Public for said County and State, persona!|yappeared Brian F' McColl, known or identified tonneto
be the President of Developers Services, Inc. the Manager of the limited liability company TV44, 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 ''GRA0TOR^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.
NOTARY PUBLIC |D
kH.9'
Residing at
is
to
My commission expires
STATE OF | O )
County of
11
k�`-~ �4
Onthis ux �ayof]anu��� 2O34, beforerne� {�C$o '�*^��Y����, 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 ARCTIC
VV|LO. LLC' and the person who subscribed said name to the foregoing instrument, and
acknoxvledgedtornethathe/she/theyenecutedthesan)einsaid "GRANTO0's" narne.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and
year in this certificate first above written.
- NOTARYPUB | AH
14
o
Residing at
My commission
�~ ��' �`�
STATE OF IDAHO )
County of Ada
On this b day of & F \l . 2024, before me,i \\`' 5i.Y\CF \5 , a
Notary Public in and for said County and State, o..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.
��'10� ,14p0AAE S.aOeit�d' i
tl q
g@ "' 6g OAF *t, NOTA PUBLIC FOR IDAHO
® 9 ea.dt aae R a
W Residing at A.c)(...t-
F a oo r �� 4,Jr m My commission expires "�-11 \ ,-
jD ap��9p..No.S`do°�g��}} 0��o
\ .•` ARDURRA
EXHIBIT 1'A"
DESCRIPTION OF LAND FOR EASEMENT PURPOSES
A 20-foot-wide parcel of land, located in a portion of Section 3 and Section 4,Township 4
North, Range 1 West, Boise Meridian,Ada County, Idaho, being 10 feet on either side of the following
described centerline:
COMMENCING at the South One-Sixteenth corner of said Section 3 and Section 4, Township 4 North,
Range 1 West,from which,the Southeast One-Sixteenth corner of said Section 4, bears N.89°17'O0"W.,
1317.30 feet;thence, along the south line of the of the NE1/4 of the SE1/4 of said Section 4,
A) N.89"17'00"W,, 671.94 feet; thence, leaving said south line,
B) N.00°45`53"E., 25.00 feet to the north right-of-way of Broken Arrow Rd., being the POINT OF
BEGINNING;thence, leaving said north right-of-way,
1. N.00°45`53"E., 1141.30 feet;thence,
2. N.44"14`07"W,, 14.68 feet;thence,
3. N.89°14'07"W,, 102.15 feet;thence,
4. N,00°45`53"E., 62.08 feet;thence,
5. N.03°42'34"W., 115.92 feet;thence,
6. N.00°45'30"E., 125.35 feet;thence,
7. SS.89°12'32"E., 803.52 feet; thence,
8. N.00°45`34"E,, 1252.50 feet;thence,
9. N.18"25'27"W., 84.65 feet; thence,
10. N,37°3!'25"W.,426,26 feet;thence,
11. N.00°49'42"E.,903.63 feet to the north line of Gov't Lot 1 of said township and range, being
the POINT OF TERMINATION.
The sidelines of said easement are to be extended or trimmed to terminate on the north right-of-way
of said Broken Arrow Rd. and on the north line of said Gov't Lot 1.
CONTAINING; 100,641 square feet(2.311 acres), more or less.
SUBJECT TO: all Record Documents. 0.. LAND
EXHIBIT B: attached and made a part hereof. 7,'15r202
17825 ;3
e of is
2471 S Titanium the Meri;Iian,3a 83642 ! 208.323.2288 .•....
B
EXHIBIT ______.___�______.
t`= . LOCATED IN A PORTION OF SECTION 3&4,
x.
TOWNSHIP 4 NORTH, RANGE 1 WEST, BOISE MERIDIAN,ADA COUNTY, IDAHO
z, 2024
LINE TABLE —P.O.T.
;�
33 34
LINE. BEARINGDISTANCE
BEACON C S89'44'08"6
LIGHT RD. € E 281, 5' _ ,
t* Li NOO'4 "E 25.0W - 4 3
L2 NOO'4 '53"E 11 1,30' }!
;% i
71.
ua
L3 N44°14'07"W 14.58' 4;f
:5 N0J`45'53"E 62.08' \'''•
\\\
d L6 NC3'42'34"W 115.92'
L7 N0U'45'36"E 125.35' ,, L 4 t# \ `-',
x L8 ?9`: .,2' £:33. 52' � ' ,\\ ARCTIC WILD LLC
F- 3 '4C(}'47' 4<' 1252.50' cz t� \\
LW 825`27'`W i 84.65' J r..- \
o 1.11 E�23"!'w?"261 426>26' ` �,4 & Li.a
err ry. .. ` "` \ts
OF
w t
a ; N.>: :::: i S0404110110
TV 44 LLC ^''.%}
6 0' 1 GO' 200` 400' 1
c ._- I_?-. _ ..I { ��^. k0,�53+� 0,{�y
:., — ____ _...._-- ._'_..--- — ____ .� ._- --__ .__ __ �._ .-C-1 ARCTIC WILD LLC
. r.
T EE 1 e..
of r H
ti-
I
1.,
, <
U
A.-
f f
€EI
t'its to S0404417250 rx
} 2�"4bLLC
m ,
SE 1/16 '; I w ii'i
1 P.5 [ CORNER f 1 CORNER �
cg S4;SJ ARDURR A
cd 4 545.36'_..._• '® ; i 71.94' '..
s k -- '-• ate$ 1 S.TITANIUM PLACE
<'>, n 4 :�89'17'00'W 1: 17. S e F 1iSRAN,��3A#��83 42
BASIS F3. ENCS
5 c� BROKEN ARROW RD. 2084234288 I WWW.AROURRA.COM