Easement - Lot 12 Block 5 of Williamson Ranch Sub 1 - 2/25/2019Recording requested by and when recorded return to:
City of Eagle
660 E. Civic Lane
PO Box 1520
Eagle. Idaho 83616
ADA COUNTY RECORDER Phil McGrane
BOISE IDAHO Pgs=2 LISA BATT
EAGLE CITY
2019-026070
04/03/2019 09:45 AM
NO FEE
1111111111111111111111111111111111111111111111111
RELEASE AND INDEMNITY
This Release and Indemnity (this "Release") is made as of February 25, 2019 by Todd Campbell
Construction, Inc. ("Owner") for the benefit of the City of Eagle, an Idaho municipal corporation
("City").
WHEREAS, Owner owns the following parcel of real property (the "Property"):
Lot 12 in Block 5 of Williamson River Ranch Subdivision No. 1, according to
the official plat thereof, filed in Book 1 14 of Plats at Pages 16865 through 16869,
official records of Ada County, Idaho;
WHEREAS, Owner (and others) has requested that the City vacate certain easements (the
"Easements") identified on the Plat of Williamson River Ranch Subdivision No. 1, which request for
vacation is in process but has not yet been granted by City, and which request City is under no obligation
to grant (and which City may not be lawfully able to grant, if others interested in the Easements refuse to
grant their consent to vacation of the Easements):
WHEREAS, Owner (and/or Owner's contractors) have applied to City for a permit (or permits) to
construct certain improvements on the Property that would encroach into the Easements if the Easements
are not vacated;
WHEREAS, City would not ordinarily issue permits for the construction of improvements that
would encroach into the Easements; but is willing to issue the permits at Owner's risk, and at absolutely
no risk to City, if Owner and Owner's contractor executes this Release; and
NOW, THEREFORE, for good and valuable consideration, the receipt and sufficiency of which
is hereby acknowledged, and to induce City into issuing permits for the construction or modification of
improvements on the Property that would encroach in the Easements:
1. Assumption of Risk; Release. Owner acknowledges that Owner freely assumes all risk with
respect to City's issuance of any permits to Owner or Owner's contractors (of any tier) for the
construction or improvements on the Property that may encroach into the Easements. Owner
hereby fully, unconditionally and forever waives and releases City from any liability,
expense, loss or damage of any kind whatsoever that may arise from the City's issuance of
any permit to Owner or Owner's contractors (of any tier) for the construction or modification
of improvements on the Property that may encroach into the Easements. Owner agrees that
this waiver and release is complete and without exception.
2. Indemnity. Owner hereby agrees to indemnify, defend and hold City harmless from any
liability, expense, loss or damage of any kind whatsoever (including attorneys' fees and
costs) that may arise from the City's issuance of any permit to Owner or Owner's contractors
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(of any tier) for the construction or modification of improvements on the Property that may
encroach into the Easements.
3. Permit Revocation; Restoration. If City fails to vacate the Easements for any reason, then
City may elect (a) to revoke any permits issued to Owner or Owner's contractors (of any tier)
for the construction or modification of improvements on the Property that may encroach into
the Easements and/or (b) order Owner to promptly remove any improvements that encroach
in the Easements and restore any areas of the Easement disturbed to their prior condition (or
such other condition that is acceptable to City). If City issues a Section 3(b) order, Owner
will promptly commence removal and restoration activities, and complete the same as
expeditiously as is practical (i.e., weather permitting).
4. Occupancy Permits. Owner acknowledges that City may withhold or revoke any occupancy
permits related to the Property during any period that Owner is in violation of this Release.
5. Termination. This Release will terminate upon City's vacation of the Easements. If this
Release is recorded. City will provide Owner with a notice of termination in recordable form
promptly after termination.
6. Successors and Assigns. This Release is runs \\ ith the land and is binding on Owner and
Owner's successors and assigns.
DATED as of the year and day first set forth above.
Todd Campbell, President
Todd Campbell Construction Inc.
STATE OF IDAHO )
) ss.
County of Ada )
This record was signed before me on February 25, 2019 by Todd Campbell.
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9/18/2024
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