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Easement - Eagle Sewer District - 2019 - Renovare Subdivision No. 1 - Sewer Easement Portion of Lot 34, Block 1ADA COUNTY RECORDER Phil McGrane BOISE IDAHO Pgs=7 LISA BATT EAGLE CITY IIIIII11111111061101,00101216101519$10101718111 111111I11 2019-026059 04/03/2019 09:42 AM NO FEE EASEMENT AGREEMENT 11 THIS EASEMENT AGREEMENT is made and entered into this �6 day of/ Yui, 2019, by and between THE CITY OF EAGLE, an Idaho Municipality, whose address is 660 E. Civic Lane, Eagle, Idaho, 83616, hereinafter referred to as "Grantor", and the EAGLE SEWER DISTRICT, 44 North Palmetto Ave., Eagle, Idaho, 83616, hereinafter referred to as "Grantee". RECITALS: A. Grantor is the owner of certain real property situated in the W 'Y of Section 15, Township 4 North, Range 1 East, Boise Meridian, City of Eagle, Ada County, Idaho, hereinafter referred to as the "Subject Property". B. The Grantee is the owner and operator of a central sewer system, and in connection therewith desires to acquire from the Grantor a permanent easement over, under and across a certain the Subject Property for underground sewer lines and related facilities, together with a temporary license over, under and across an adjoining portion of the Subject Property for the purpose of facilitating construction and installation of said sewer lines and related facilities. C. The Grantee's central sewer system connects to, and utilizes in part, the central sewer collection system owned and operated by the City of Boise, and it is intended by the parties hereto that Grantee may partially assign the benefits of the easement herein granted to the City of Boise, subject and limited strictly to the terms and conditions of this Agreement. 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. Grantor, subject to the terms and conditions hereinafter set forth, hereby grants and conveys unto the Grantee, its successors and assigns, specifically including the City of Boise, a permanent and perpetual easement, thirty (30) feet in width, over, under and across that portion of the Subject Property described and depicted on Exhibit "A" hereto, for the purpose of permitting the Grantee to therein construct, install, maintain, repair, replace, use and operate underground sewer lines, and related facilities (the "Easement"). 2. The Easement shall be permanent and perpetual, unless the Grantee, or its successors or assigns, agrees in writing to its termination, or otherwise abandons or vacates said permanent Easement. While in effect, said Easement shall specifically include, without limitation, the right of the Grantee, its agents, employees, contractors and assigns to traverse said Easement with vehicles and equipment, and to make such improvements and excavations thereon and thereunder as may be reasonably necessary to connect, construct, install, extend, maintain, repair, replace, operate or use sewer lines and related facilities within the central sewer system of the Grantee or the City of Boise. 3. Grantor hereby grants and conveys unto the Grantee, its successors and assigns, a temporary license over, under and across that portion of the Subject Property which is described in Exhibit "B" hereto (the "License Area"), for the purpose of permitting the Grantee to therein undertake such construction -related activities as may be necessary or convenient in connection with the installation of the above -referenced sewer lines and related facilities in the Easement, including, without limitation, excavations and temporary material and equipment storage. Said temporary license shall be in full force and effect for a period of one (1) year from the start of construction or three (3) years from the date hereof, whichever comes first, at which time said temporary license shall automatically terminate, and be of no further force or effect. 4. 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 within the Easement and License Area by the Grantee or its agents, employees, contractors or assigns. Further Grantee shall to the extent permitted by law, indemnify, defend and save Grantor, its successors, assigns and agents from any and all claims, liability, losses, costs, charges or expenses which may occur as a result of or related to the use the Easement or License Area by Grantee or its agents or assigns. 5. Upon completion of its installation of any sewer lines or related facilities within the Easement or License Area, and/or any subsequent construction or maintenance activity conducted therein by the Grantee, its agents, employees, contractors or assigns, 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. 6. The Grantee shall at all times properly maintain the Easement and License Area, and shall prevent the same from becoming dangerous and/or unsightly, or from otherwise becoming a public nuisance or hazard. 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. 8. In the event of a breach hereunder by either party, the non -breaching party shall have all remedies available at law or in equity, including injunctive or other equitable relief. In any suit, action or appeal therefrom to enforce or interpret this Easement Agreement, the prevailing party shall be entitled to recover its costs incurred therein, including reasonable attorneys' fees and disbursements. IN WITNESS WHEREOF, the parties hereto have caused this Easement Agreement to be executed on the day and year first above written. "GRANTOR" CITY GLE I By: Stan Rideeway. Mayor ATTEST: "GRANTEE" EAGLE SEWER DI(STRICT • Ervin Ballou, Chairman E :1 By: • \l O R,i • • O r,.• . L • *. : —•— : f� ' IJ�n '; SEAL : :ATTEST: BY:.NJti W �iil� Y-- 'r'"•••� l ����.`O ; B Sharon K. Beramann,'City Ufkif;E Or 1,,. STATE OF IDAHO ) )ss. County of Ada ) On this ; ` day ofl\_\A\" 1 ', , 2019, before me, a Notary Public, in and for said County and State, personally appeared Ervin Ballou and Lynn Moser known or identified to me to be the Chairman and Secretary, respectively, of the EAGLE SEWER DISTRICT, the body politic that executed the foregoing instrument, and acknowledged to me that such body politic executed the same. IN WITNESS WHEREOF, I havg Jlereunto set my hand and affixed my official seal the day and 11N11 FIJIII/I year in this certificate first above �gr�r /i STATE OF IDAHO County of Ada ) )ss. f If cSfON E 'FRES 10.7-2020 •. OF IOP: • �`3 Thrl NOTAI.Y PtJBLIt'FOR IDAHO Residing at (-1'v-\ is t i, My commission expires 1( \r2)117(!--,,--; On this 2.6 day of Ma. rc i , 2019, before me, a Notary Public, in and for said County and State, personally appeared Stan Rid2wav known or identified to me to be the Mayor, of the CITY OF EAGLE IDAHO, the body politic 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. ELLEN M SMITH COMMISSION #25743 ; NOTARY PUBLIC , STATE OF IDAHO MY COMMISSION EXPIRES - .b.-4ci'I'1 NOTARY PUBLIC FOR IDAHO Residing at l4; d11/e My commission expires L -!8 �ZO Project No: 180037 Date: February 04, 2019 Page 1 of 1 EXHIBIT A T 0 ENGINEERS SEWER LINE EASEMENT DESCRIPTION A parcel of land. for the purpose of a 30' foot wide Sewer Line Easement. being a portion of Lot 34. Block 1 of Renovare. Subdivision Phase 1 as recorded in the official records of Ada County, Idaho in Plat Book 108 at Pages 15133 through 15136 and situated in a portion of Government Lot 4 and accretion land in Section 15. Township 4 North. Range 1 Fast. Boise Meridian. City of Eagle. Ada County. Idaho. more particularly described as lollows: COMMENCING at a 5/8 inch rebar marking the northeast corner of said Government Lot 4 (C -W 1/16 Corner), from which a brass cap marking the E1/4 Corner of said Section 15 bears, S.89°43' 19"E. a distance of 3973.05 feet. thence along the east line of said Government Lot 4 S.00°42' 12"W. a distance of 1370.76 feet to a point on the east line of said Renovare' Subdivision Phase 1 and marking the POINT OF BEGINNING; 1) Thence, along the line coincident with said east lines of Renovare Subdivision Phase 1 and Government Lot 4. S.00°42' 12"W. a distance of 40.58 feet to a point:: 2) Thence, leaving said coincident line. S.48°22'11 -W. a distance of 104.96 feet to a point on the northerly ordinary high-water line of the North Channel of the Boise River: 3) Thence, along said northerly high-water line the following two courses. N.47°58'22"W. a distance of 5.49 feet to a point: 4) Thence. N.64°1 1'44"W. a distance of 26.57 feet to a point: 5) Thence. leaving said northerly ordinary high-water line. N.48°22'11 -E. a distance of 143.09 feet to the POINT OF BEGINNING. Said 30' Sewer Line Easement containing 0.08 acres or 3.700 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 Sketch - Sewer Line Easement and by this reference made a part hereof. Aviation 1 Transportation 1 Land Development 1 Municipal 1 Water Resources 1 Surveying 1 Landscape Architecture ©2018 T-0 ENGINEERS THIS INSTRUMENT IS THE PROPERTY OF T-0 ENGINEERS ANY REPRODUCTION. REUSE OR MODIFICATION OF THIS INSTRUMENT OR ITS CONTENTS WITHOUT SPECIFIC WRITTEN PERMISSION OF T-0 ENGINEERS IS STRICTLY PROHIBITED EXHIBIT A SKETCH - SEWER LINE EASEMENT LOCATED IN A PORTION OF LOT 34, BOCK 1 OF RENOVARE' SUBDIVISION PHASE 1, AND SITUATED IN A GOVERNMENT LOT 4 AND ACCRETION LAND IN SECTION 15, TOWNSHIP 4 NORTH, RANGE 1 EAST, BOISE MERIDIAN, CITY OF EAGLE, ADA COUNTY, IDAHO 2019 N N 00'42' 12"E e Ctoq- iv'G S59'43'19"E POB i 40.58' NNot�� /;.S;; 0 /4" N64'11'44"W 26.57' N47'58'22"W 5.49' 1 70 25 3973.05' 25 50 T -O ENGINEERS 332 N. BROADMORE WAY NAMPA, IDAHO 83687 PHONE. (208) 442-6300 WWW TO-ENGINEERS.COM E FILE 150037-V4B SWR Esmt.dwg DATE 2/6/19 36 160037 Project No: 180037 Date: February 04. 2019 Page 1of1 EXHIBIT B T 0 ENGINEERS TEMPORARY LICENSE AREA DESCRIPTION A parcel or land. ti'r the purpose of a temporary Sewer Construction Easement. being a portion of Lot 34. Block 1 of Renovare' Subdivision Phase 1 as recorded in the official records of Ada County. Idaho in Plat I3ook 108 at Pages 15133 through 15136 and situated in a portion of Government Lot 4 and accretion land in Section 15. 'township 4 North. Range I East. Boise Meridian. City of Eagle, Ada County. Idaho. more particularly described as fill lows: COMMENCING at a 5/8 inch rebar marking the northeast corner of said Government Lot 4 (C -W 1/16 Corner). from which a brass cap marking the E1/4 Corner of said Section 15 hears. S.89°43' 19"E. a distance of 3973.05 feet. thence along the east line of said Go\crnment Lot 4 S.00°42" 12"W. a distance of 1260.73 feet to a point on the east line ot'said Reno\ are' Subdivision Phase 1 and marking the POINT OF BEGINNING; l) Thence, along the line coincident with said east lines of Renovare' Subdivision Phase 1 and Government Lot 4, S.00°42' 12""W. a distance of 289.2( Leet to a point on the northerly ordinary high-water line of the North Channel of the Boise River: 2) Thence. leaving said coincident line and along said northerly ordinar high-water line the following five courses. N.47°58'22"W. a distance of 108.81 feet to a point: 3) Thence. N.64°11'44 -W. a distance of' 160.00 feet to a point: 4) 'thence. N.49°53'02"W. a distance of 162,69 feet to a point: 5) Thence. N.55°09' 17'"W. a distance of 70.64 feet to a point: 6) Thence. N.65°47'5I'"W. a distance of 81.88 feet to a point: 7) 'thence. leaving said northerly ordinar high-water line. N.27°51'16 -E. a distance of 51.50 feet to a point: 8) Thence. S.69°20'12 -E. a distance of 415.57 feet to a point: 9) Thence. N.02°54'22 - F. a distance of 67.67 feet to a point: 10) Thence. N.88°47'55"E. a distance of69.18 feet to the POINT OF BEGINNING. Said Temporary Sewer Construction Easement containing 1.41 acres or 61.746 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 Sketch - Temporary Sewer Construction Easement and by this reference made art hereof. Aviation 1 Transportation I Land Development 1 Municipal 1 Water Resources 1 Surveying Landscape Architecture 02018 T 0 ENGINEERS THIS INSTRUMENT ,S -I-•E PROPER'''. OF T-0 ENGINEERS ANY REPRODUC'3 . REJSE OR MODIFICAT.ON OF THIS INSTRUMENT OR ITS CONTENTS WITHOUT SPECIFIC WRITTEN PERMISSION OF T-0 ENGINEERS IS STRICTLY PROHIBITED EXHIBIT B SKETCH - TEMPORARY LICENSE AREA LOCATED IN A PORTION OF LOT 34, BOCK 1 OF RENOVARE' SUBDIVISION PHASE 1, AND SITUATED IN A PORTION OF GOVERNMENT LOT 4 AND ACCRETION LAND IN SECTION 15, \ TOWNSHIP 4 NORTH, RANGE 1 EAST, BOISE MERIDIAN, CITY OF EAGLE, ADA COUNTY, IDAHO GGOV 2019 589'43' 19"E N27'51'16"E 51.50' N65'47'51" W 81.88' N brie?. (> N N N88'47'55"E 69.18' NO2'54'22"E 67.67' �S00'42'12"W 1260.73' POB N47'58'22"W 108.81' 3973.05' 40 C 40 80 T -O ENGINEERS 332 N. BROADMORE WAY NAMPA, IDAHO 83687 PHONE' (208) 442-6300 WWW TO -ENGINEERS COM =ILE 180037—V—XB SMR [smtd. GA 2/6/19 i06 180037