Easement - Toll Southwest LLC - 2025 - Carrara Estates No. 2 - Water EasementsADA COUNTY RECORDER Trent Tripple
BOISE IDAHO Pgs=9 VICTORIA BAILEY
CITY OF EAGLE, IDAHO
2025-015885
03/14/2025 11:38 AM
NO FEE
EASEMENT AGREEMENT
THIS EASEMENT AGREEMENT is made and entered into this lit day of 91AYCY1 ,
2025, by and between Toll Southwest LLC, hereinafter 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:
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 "B" attached hereto, for the
purpose of permitting the Grantee to therein construct, instal], maintain, repair,
replace, use, and operate an underground water line or lines, and related facilities
("Easement").
EASEMENT AGREEMENT 1
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"
TOLL SOUTHWEST LLC
By:
Ry Harnmons, Division President
EASEMENT AGREEMENT - 2
"GRANTEE"
CITY OF EAGLE
By: 4 1 /1
Bra6lfke, Mayor V.,/
ATTEST
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Tracy E. ?;*rF,City Cie& c/.
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STATE OF IDAHO )
SS.
County of Ada
On this 113 day of T4Ak4rX 2025, before me, a Notary Public for said County
and State, personally appeared Ryan Hamrnons, known or identified to me to be the
Division President of Toll Southwest LLC and the person who subscribed said name to the
foregoing instrument, and acknowledged to me that he executed the same in said limited liability
company'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.
KYLE PREWETT
Notary Public - State of Idaho
Commission Number 20223246
My Commission Expires Jul 7, 2028
STATE OF IDAHO )
)ss.
County of Ada )
NOTARY PUBLIC FOR IDAHO
Residing at gai5c , r d ct ho
My commission Aires 7171Z02.i;'
On this 0 day of � , 2025, before me, a Notary Public, in and for said
County and State, personally appeared Brad Pike, known or identified to me to be the Mayor of the
CITY OF EAGLE, 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. h
Residing at: ' A
My commission expires:
EASEMENT AGREEMENT - 3
Exhibit "A"
Legal Description
Carrara Estates Subdivision No. 2
A parcel being located in the W �/2 of the SE % of Section 5, Township 4 North, Range 1 East,
Boise Meridian, City of Eagle, Ada County, Idaho, and more particularly described as follows:
Commencing at a Brass Cap monument marking the southwest corner of the SE % of said Section
5, from which a Brass Cap monument marking the southeast corner of said SE % bears S
89017'43" E a distance of 2668.93 feet;
Thence along the westerly boundary of said SE Y4, and the westerly boundary and extension
thereof of Carrara Estates Subdivision No. 1, as shown in Book of Plats on Pages *'OLUVOV�
through UILAD, records of Ada County, Idaho, N 0024'53" W a distance of 1238.36 feet to a 5/8
inch diameter rebar marking the northwesterly corner of said Carrara Estates Subdivision No. 1,
and the POINT OF BEGINNING;
Thence continuing along said westerly boundary of the SE Y4 N 0024'53" W a distance of 722.08
feet to a point;
Thence leaving said westerly boundary N 78030'31" E a distance of 189.29 feet to a point;
Thence N 61 °44'27" E a distance of 53.00 feet to a point on a curve;
Thence a distance of 12.39 feet along the arc of a 126.50 foot radius non -tangent curve left, said
curve having a central angle of 5036'47" and a long chord bearing S 31 °03'57" E a distance of
12.39 feet to a point;
Thence N 66000'00" E a distance of 142.21 feet to a point;
Thence S 42000'00" E a distance of 402.31 feet to a point;
Thence S 48000'00" W a distance of 14.52 feet to a point;
Thence S 42000'00" E a distance of 143.00 feet to a point;
14
Thence S 53017'33" E a distance of 100.85 feet to a po nt;
Thence S 2000'00" W a distance of 340.11 feet tQ.,a point on the northerly boundary of said Carrara
Estates Subdivision No. 1; a
a'
Thence along said northerly boundary the following courses and distances:
N
y
Thence N 89013'53" W a distance of 249.94 feet W a point, n a curve;
Thence a distance of 10.05 feet along the arc of a 200.00 foot radius non -tangent curve
right, said curve having a central angle of 2052'40" and a long chord bearing N 3038'24" E
a distance of 10.04 feet to a point;
Thence N 84055'16" W a distance of 47.00 feet to a point;
Carrara Estates Subdivision No. 2
LandSoluti '��s Job No. 17-54
..� Land surveying and Consulting
Page 1 of 2
Thence N 89013'53" W a distance of 250.90 feet to a point;
Thence S 64030' 17" W a distance of 87.94 feet to a point;
Thence N 90000'00" W a distance of 160.00 feet to the POINT OF BEGINNING.
This parcel contains 11.85 acres, more or less.
\oNPL LANs
Clinton W. Hansen, PLS S T
Land Solutions, PC o
April 10, 2024 a 11118
oy I1oIZY�
0 F \O C�/2
0N W . NP
ta 0 Carrara Estates Subdivision No. 2
�.- Land Surveying and Consulting Job No. 17-54
Page 2 of 2
EXHIBIT "B"
Legal Description
Eagle City Water Easements
Carrara Estates Subdivision No. 2
Easements located in the W 1/2 of the SE 1 /4 of Section 5, Township 4 North, Range 1 East,
Boise Meridian, City of Eagle, Ada County, Idaho, and more particularly described as follows:
EASEMENT A
Commencing at an Aluminum Cap monument marking the northwest corner of the W 1/2 of the
SE 1 /4 of said Section 5, from which a Brass Cap monument marking the southwest corner of
said W 1/2 bears S 0024'53" E a distance of 2637.17 feet;
Thence along the westerly boundary of said SE 1 /4 S 002453" E a distance of 676.73 feet to a
point;
Thence leaving said boundary N 78030'31" E a distance of 176.16 feet to the POINT OF
BEGINNING;
Thence N 11029'29" W a distance of 10.00 feet to a point;
Thence N 78030'31 " E a distance of 16.61 feet to a point of curvature;
Thence a distance of 8.58 feet along the arc of a 173.50 foot radius non -tangent curve left, said
curve having a central angle of 2049'55" and a chord bearing S 26050'35" E a distance of 8.58
feet to a point;
Thence S 61 °44'27" W a distance of 6.00 feet to a point;
Thence S 78030'31" W a distance of 13.13 feet to the POINT OF BEGINNING.
Said Easement A contains 174 square feet, more or less, and is subject to any other easements
existing or in use.
EASEMENT B
Commencing at an Aluminum Cap monument marking the northwest corner of the W 1/2 of the
SE 1 /4 of said Section 5, from which a Brass Cap monument marking the southwest corner of
said W 1/2 bears S 002453" E a distance of 2637.17 feet;
Thence along the westerly boundary of said SE 1 /4 S 0024'53" E a distance of 676.73 feet to a
point;
Thence leaving said boundary N 78030'31 " E a distance of 189.29 feet to a point;
Thence N 61 °44'27" E a distance of 32.56 feet to the POINT OF BEGINNING;
Thence N 28003' 13" W a distance of 27.67 feet to a point;
Thence N 61 °56'47" E a distance of 20.00 feet to a point;
U tJ 0 115 Carrara Estates Subdivision No. 2
�,,.. Land surveying and Consulting Job No. 23-68
Page 1 of 3
Thence S 28003'13" E a distance of 27.60 feet to a point;
Thence S 61 °44'27" W a distance of 20.00 feet to the POINT OF BEGINNING.
Said Easement B contains 553 square feet, more or less, and is subject to any other easements
existing or in use.
EASEMENT C
Commencing at an Aluminum Cap monument marking the northwest corner of the W 1/2 of the
SE 1 /4 of said Section 5, from which a Brass Cap monument marking the southwest corner of
said W 1/2 bears S 0024'53" E a distance of 2637.17 feet;
Thence along the westerly boundary of said SE 1 /4 S 0024'53" E a distance of 676.73 feet to a
point;
Thence leaving said boundary N 78030'31" E a distance of 189.29 feet to a point;
Thence N 61044'27" E a distance of 53.00 feet to a point of curvature;
Thence a distance of 12.39 feet along the arc of a 126.50 foot radius non -tangent curve left,
said curve having a central angle of 503647" and a chord bearing S 31 °03'57" E a distance of
12.39 feet to a point;
Thence N 66100'00" E a distance of 142.21 feet to a point;
Thence S 42000'00" E a distance of 358.31 feet to the POINT OF BEGINNING;
Thence N 48000'00" E a distance of 20.48 feet to a point;
Thence S 42000'00" E a distance of 20.00 feet to a point;
Thence S 48000'00" W a distance of 20.48 feet to a point;
Thence N 42000'00" W a distance of 20.00 feet to the POINT OF BEGINNING.
Said Easement C contains 410 square feet, more or less, and is subject to any other easements
existing or in use.
EASEMENT D
Commencing at an Aluminum Cap monument marking the northwest corner of the W 1/2 of the
SE 1 /4 of said Section 5, from which a Brass Cap monument marking the southwest corner of
said W 1/2 bears S 0024'53" E a distance of 2637.17 feet;
Thence along the westerly boundary of said SE 1 /4 S 0024`53" E a distance of 676.73 feet to a
point;
Thence leaving said boundary N 78030'31" E a distance of 189.29 feet to a point;
Carrara Estates Subdivision No. 2
L' nd:Sol" bolo Job No. 23-68
�,�.� Land Surveying and ConsultingJob
2 of 3
Thence N 61 °4427" E a distance of 53.00 feet to a point of curvature;
Thence a distance of 12.39 feet along the arc of a 126.50 foot radius non -tangent curve left,
said curve having a central angle of 503647" and a chord bearing S 31 °03'57" E a distance of
12.39 feet to a point;
Thence N 66000'00" E a distance of 142.21 feet to a point;
Thence S 42000'00" E a distance of 402.31 feet to a point;
Thence S 48000'00" W a distance of 4.52 feet to the POINT OF BEGINNING;
Thence S 42000'00" E a distance of 16.00 feet to a point;
Thence S 48000'00" W a distance of 10.00 feet to a point;
Thence N 42000'00" W a distance of 16.00 feet to a point;
Thence N 48000'00" E a distance of 10.00 feet to the POING OF BEGINNING.
Said Easement D contains 160 square feet, more or less, and is subject to any other easements
existing or in use.
Clinton W. Hansen, PLS
Land Solutions, PC
June 5, 2024
Lin- 4d OlUtjOnS
1,. - Land surveying and Consulting
Carrara Estates Subdivision No. 2
Job No. 23-68
Page 3 of 3
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EAGLE CITY WATER EASEMENTS
CARRARA ESTATES SUBDIVISION NO. 2
_OCATED IN THE W 1/2 OF THESE 1/4 OF SECTION 5, T 4 N, R 1 E, B.M.
CITY OF EAGLE, ADA COUNTY, IDAHO I
2024
/.*00 apw�"Nft% N1. N
SEE DETAIL A600���� sA�op.
1FNS SHEET� N6 �o•
POINT OF BEGINNING
2
176.16 � �� �"E EASEMENT B
�
?�i•
189.9 � fin= / �
POINT OF BEGINNING pRappSEp CARRARA ESTATES 0' 50' 100' 200'
EASEMENT A �JgpIwSlpN N0. 2
LINE TABLE
LINE
LENGTH
BEARING
L1
10.00'
N11'2929'W
L2
16.61'
N78'30'31 "E
L3
13.13'
S78'30'31 "W
L4
27.67'
N28'03'13"W
L5
20.00'
N61'S6'47"E
^I
co
*� v
N
wl
e
pn
d
0
LINE TABLE
LINE
LENGTH
BEARING
L6
27.60'
S28'03'13"E
L7
20.48'
N48100'000E
L8
20.00'
S42'00'00"E
L9
20.48'
S48'00'00"W
L10
16.00'
S42'00'00"E
EASEMENT A: 174 SO. FT. EASEMENT C: 410 SQ. FT.
EASEMENT B: 553 SQ. FT. EASEMENT D: 160 SQ. FT.
LINE TABLE
LINE
LENGTH
BEARING
L11
10.00'
S48'00'00"W
L12
16.00'
N42'00'00"W
L13
10.00'
N48'00'00"E
L14
4.52'
S48000'00"W
POINT OF
BEGINNING
EASEMENT/ � �\
s� DETAIL e �
/ nos sir
5 I
W.RAW WHIM ROM
8
1/4 S89'17'43"E 2668.93' —
_
er N
LH
5Z4
8 9
��� ; POINT OF BEGINNING
�. EASEMENT C
`�' �• `> DETAIL B
NN
� ; F
DETAIL A o0o c
POINT OF
`2r�'� �1 �6c�6 N�� F, POINT OF L1 BEGINNING
NG
`� ,� o� BEGINNING � 1 Q EASEMENT 0
1 6.00' ��° EASEMENT B �-
L POINT OF BEGINNING
EASEMENT A
y S TF G�
a 111 8
� 06(o5
�o F \OP���v
N W.
CURVE TABLE
CURVE
LENGTH
RADIUS
DELTA
BEARING
CHORD
C1
8.58'
173.50'
2'49'55"
S26'50'35"E
8.58'
C2
12.39'
126.50'
5.36'47"
S31.03'57"E
12.39'
e4olutivid
La
Q..Land Surveying and Consulting
231 E. 5TH ST.
MERIDIAN, ID 83642
(208) 288-2040 (208) 288-2557 fax
www.landsolutions.biz J06 NO. 23 68