Easement - - 2019 - Williamson River Ranch #1 - Vacate easements, Lot 5, Block 5Recording requested by and when recorded return to:
City of Eagle
660 E. Civic Iane
PO Box 1520
Eagle, Idaho 83616
ADA COUNTY RECORDER Phil McGrane 2019-026068
BOISE IDAHO Pgs=2 LISA BATT 04/03/2019 09:44 AM
EAGLE CITY NO FEE
1111111111111111111111111111111111111111111111111,
RELEASE AND INDEMNITY
This Release and Indemnity (this "Release") is made as of February 4, 2019 by Brian J. Foley
and Tammara A. Foley, individually and as Trustees of The Foley Family Trust, dated May 30, 2014
("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 5 in Block 5 of Williamson River Ranch Subdivision No. 1, according to the
official plat thereof, filed in Book 114 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
RELEASE AND INDEMNITY PAGE 1 OF 2
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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 with the land and is binding on Owner and
Owner's successors and assigns.
DATED as of the year and day first set forth above.
Brian J. Foley, individuall and as Trustees of The Foley
Family Trust, dated May 30, 2014
Tammara A. Foley, individually and as Trustees of Ih
Foley Family Trust, dated May 30, 2014
STATE OF IDAHO )
) ss.
County of Ada )
This record was signed before me on 4-.2 S " D C)) (i by Brian J. Foley and Tammara A.
Foley, individually and as Trustees of The Foley Family Trust, dated May 30, 2014.
DENISE COLEMAN
COMM NO. 55225
NOTARY PUBLIC
STATE OF IDAHO
MY COMMISSION EXPIRES: OCT. 15, 2021
Ll/Yl
Notary Signature
RELEASE AND INDEMNITY PAGE 2 OF 2
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