Easement - TBC Land Holdings LLC - 2024 - Kingswood Sub - Temporary Water EasementADA COUNTY RECORDER Trent Tripple
BOISE IDAHO Pgs=6 VICTORIA BAILEY
CITY OF EAGLE, IDAHO
2024-033943
06/24/2024 12:49 PM
NO FEE
EASEMENT AGREEMENT
THIS EASEMENT AGREEMENT ("Agreement") is made and entered into this 11 day of
VO-) , 2024, by and between TBC LAND HOLDINGS, LLC, 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
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, 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"
TBC LAND HOLDINGS, LLC
By:
Todd Campbell, Manager
"GRANTEE"
CITY OF EAGLE
By:
Bra: e, Mayor
ATTEST
Tracy E. Os•`:rn, City Clerk
STATE OF IDAHO
County of Ada
On this 12. day of )one , 2024, before the undersigned notary public for said
County and State, personally appeared Todd Campbell, known or identified to me to be Manager of
TBC Land Holdings, 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 `iayoutBlbl�yp�,yvritten.
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STATE OF IDAHO
County of Ada
NOTARY PUBLI AHO
Residing at Ve /_ I ID
My commission expires a
On this tl day of 2024, before the undersigned notary public for
said County and State, personally 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 said "GRANTEE'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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EXHIBIT "A"
Description for
Temporary Water Easement
Kingswood Subdivision
May 20, 2024
A portion of the Northeast 1/4 of the Southeast 1/4 of Section 2, Township 4
North, Range 1 West, Boise Meridian, Ada County, Idaho being more particularly
described as follows:
Commencing at the 1/4 corner common to Sections 1 and 2, T.4N., R.1W.,
B.M., from which the S1/16 corner common to said Sections 1 and 2 bears South
00°54'45" West, 1326.65 feet; thence on the east -west centerline of said Section 2,
coincident with the south boundary line of Lanewood Subdivision No. 8 as filed in Book
121 of Plats at Pages 19108 through 19112, records of Ada County, Idaho, North
89°16'02" West, 782.61 feet to the POINT OF BEGINNING;
thence South 00°43'58" West, 5.00 feet;
thence South 89°16'02" East, 2.00 feet;
thence South 00°43'58" West, 20.00 feet;
thence North 89°16'02" West, 7.00 feet;
thence South 00°43'58" West, 102.99 feet;
thence South 48°34'51" West, 104.31 feet;
thence North 89°16'02" West, 204.09 feet;
thence South 45°57'50" West, 53.23 feet;
thence South 00°57'50" West, 385.81 feet;
thence South 21°32'10" East, 27.90 feet;
thence South 31°54'31" East, 267.15 feet;
thence South 58°17'29" West, 162.15 feet;
thence South 45°57'50" West, 76.63 feet;
thence South 00°57'50" West, 120.19 feet;
thence South 44°17'49" East, 45.30 feet;
thence South 89°17'49" East, 145.44 feet;
thence South 00°42'11" West, 15.00 feet;
Page 1 of 2
thence North 89°17'49" West, 151.66 feet;
thence North 44°17'49" West, 57.76 feet;
thence North 00°57'50" East, 132.66 feet;
thence North 45°57'50" East, 84.46 feet;
thence North 58°17'29" East, 148.71 feet;
thence North 31 °54'31 " West, 253.45 feet;
thence North 21 °32'10" West, 32.25 feet;
thence North 00°57'50" East, 395.01 feet;
thence North 45°57'50" East, 65.62 feet;
thence South 89°16'02" East, 204.49 feet;
thence North 48°34'51" East, 91.88 feet;
thence North 00°43'58" East, 121.34 feet to the east -west centerline of said
Section 2;
thence on said east -west centerline, South 89°16'02" East, 20.00 feet to the
POINT OF BEGINNING.
Containing 26,111 square feet or 0.599 acres, more or less.
End of Description.
Page 2 of 2
EXHIBIT "B"
—0
C—E1 /16
J
Point of
L¢'newood Sub. No. 8 Beginning
N89'16'02"W 517.27'
0
to
an
M
d")rzr
J
D L13
///////////
J
L24
L2
204.49'
S89'16'02"E
//////////////
N 89'16'02'W
204.09'
Scale: 1 "=180'
0 45 90 180
360
L1
L3
L4
-J
.. , ......N89'16'02"W 782.61' . .
Line Table
Line
Bearing
Length
L1
S00'43'58"W
5.00'
L2
S89'16'02"E
2.00'
L3
S00'43'58"W
20.00'
L4
N89'16'02"W
7.00'
L5
S00'43'58"W
102.99'
L6
S48'34'51"W
104.31'
L7
S45'57'50'W
53.23'
L8
S21'32'10"E
27.90'
L9
S58'17'29"W
162.15'
L10
S45'57'50"W
76.63'
L11
S00'57'50"W
120.19'
L12
S44'17'49"E
45.30'
P \Kinnewood Sub (Pardee) 18-276\dwa\Temo Water Ease Ex. dwa 5/20/2024 12:21.46 PM
Line Table
Line
Bearing
Length
L13
S89'17'49"E
145.44'
L14
S00'42'11"W
15.00'
L15
N89'17'49"W
151.66'
L16
N44'17'49"W
57.76'
L17
N00'57'50"E
132.66'
L18
N45'57'50"E
84.46'
L19
N58'17'29"E
148.71'
L20
N21'32'10"W
32.25'
L21
N45'57'S0"E
65.62'
L22
N48'34'51"E
91.88'
L23
N00'43'58"E
121.34'
L24
S89'16'02"E
20.00'
1/4
S.1
IDAHO
SURVEY
GROUP, LLC
9955 W. EMERALD ST.
BOISE. IDAHO 83704
(208) 846-8570
Exhibit Drawing for
Temporary Water Easement
Kinqswood Subdivision
A portion of the NE1/4 of the SE1/4 of Section 2,
T.4N., R.1W., B.M., Ada County, Idaho.
Job No.
18-276
Sheet No.
1
Dwg. Date
5/20/2024