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Water Service Agreement - 2025 - Rocking A Ranch Water - 5/5/2025Ada County Recorder Trent Tripple 2025-030109 Boise, Idaho Pgs= 14 cfowler 05/15/2025 02:06:20 PM CITY OF EAGLE $0.00 Electronically Recorded When Recorded Return To: Givens Pursley LLP Attention: Elizabeth A. Koeckeritz 601 W. Bannock St. Boise, Idaho 83702 WATER DELIVERY AGREEMENT THIS WATER DELIVERY AGREEMENT ("Agreement") is made as of Iflt S'", 2025 (the "Effective Date"), by and between Alscott Real Estate, LLC, an Idaho limited liability company ("Alscott"), and City of Eagle, a municipal corporation in the State of Idaho ("City"). Alscott and City may each be referred to as a "Party" and collectively as the "Parties." RECITALS A. Alscott owns that certain real property in Ada County, Idaho, legally described on Exhibit A, attached hereto and incorporated herein by reference, which Alscott intends to develop into a residential subdivision proposed to be known as Alscott Rocking A Ranch Subdivision as depicted in Exhibit B (the "Subdivision Property"). B. Alscott is authorized to construct one or more groundwater wells within the Subdivision Property to supply supplemental irrigation and aesthetic storage water to the Subdivision Property under water right permit no. 63-35328 ("Alscott Water Permit") as it may be licensed, with a well to be located in the SWSW of Section 33, T5N, R1 E, B.M., with a pumping capacity estimated to be 600 to 900 gallons per minute ("Donated Well"). C. City owns a portfolio of water rights for municipal purposes, including water right nos. 63-11413 and 63-12448 ("City Water Rights"). D. Alscott intends to construct the Donated Well to help meet fire flow requirements for the Subdivision Property under the City Water Rights, and City and Alscott agree that the Donated Well shall be constructed to municipal water supply standards and conveyed to City together with the platted lot upon which Donated Well is constructed, shown as Lot 41 in Exhibit B ("Well Lot"). E. Alscott and City desire for each party to use the Donated Well to divert water under the Alscott Water Permit and the City Water Rights, as the case may be, according to the terms of this Agreement. F. Alscott and City desire to enter into this Agreement to set forth the terms and conditions of: (i) the City's operation, maintenance, repair, and replacement of the Donated Well for diversion of water as authorized under the City Water Rights and as authorized under the Alscott Water Permit; (ii) Alscott's use, operation, maintenance, repair, and replacement of facilities located outside the Well Lot reasonably necessary to distribute water that is delivered by the City from the Donated Well to the Subdivision Property ("Alscott's Facilities"); (iii) City's WATER DELIVERY AGREEMENT PAGE 1 OF 14 Instrument # 2025-030109 05/15/2025 02:06:20 PM Page 2 of 14 access to and use, operation, maintenance, repair, and replacement of facilities within the Well Lot and the Subdivision Property reasonably necessary to deliver water from the Donated Well to the City's municipal water system and from City's municipal system to the booster station, and from the Donated Well to Alscott's Facilities ("City's Facilities"); and (iv) allocating costs related to the use of the Parties' respective facilities and the Donated Well. AGREEMENT NOW, THEREFORE, in consideration of the above recitals, the mutual covenants contained herein, and for other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the Parties agree as follows: 1. Grant of Well Lot and Donated Well to City. Within seven (7) days of the latter of (1) recordation of a final subdivision plat that is obtained by Alscott for the portion of the Subdivision Property containing the Well Lot, and (2) final approval of one or more water right transfer applications by the Idaho Department of Water Resources becoming unappealable that are obtained by the City to add the Donated Well as a point of diversion to the City Water Rights, Alscott shall convey to City the Well Lot, Donated Well, and well house and related facilities by quitclaim deed and/or bill of sale. The Donated Well, well house, and related facilities shall all be constructed by Alscott to specifications acceptable to the City prior to recording the final subdivision plat. 2. City Access to Well Lot and City's Facilities. After Alscott's initial construction of the Donated Well, well house, and related facilities and conveyance to the City pursuant to paragraph 1, City may access the Well Lot and related facilities within the Subdivision Property for distribution of municipal water supply by and through Lots 1, 11, and 38 shown in Exhibit B as reasonably necessary to improve, access, use, operate, maintain, repair, and replace the Donated Well, well house, and related facilities, but in no case shall the City access the Well Lot or City's Facilities or any other municipal water system facilities within the Subdivision Property by entering or crossing a privately -owned lot within the Subdivision Property without the express written consent of the owner of a such lot. Alscott hereby grants to City a non-exclusive easement over and through Lots 1, 11, and the Well Lot Access Easement within Lot 38, all shown in Exhibit B, for the purposes described in this paragraph. 3. Ownership of Donated Well, City's Facilities, and Alscott's Facilities. Upon. conveyance of the Well Lot and Donated Well to City pursuant to paragraph 1: a. the Well Lot, Donated Well, well house, and related facilities shall be owned by City unless and until this Agreement is terminated pursuant to paragraph 7 below; b. City's Facilities shall be owned solely by City and shall not be shared with Alscott, unless otherwise agreed to in writing by City, except that Alscott shall be entitled to receive water from City's Facilities that are connected to Alscott's Facilities. Alscott hereby disclaims any right, title, or interest in or to any of City's Facilities, now existing or that may be constructed by City or its WATER DELIVERY AGREEMENT PAGE 2 OF 14 Instrument # 2025-030109 05/15/2025 02:06:20 PM Page 3 of 14 successors in the future, except as they may be conveyed to Alscott under paragraph 7 below; and c. Alscott's Facilities shall be owned solely by Alscott and shall not be shared with City, unless otherwise agreed to in writing by Alscott. City hereby disclaims any right, title, or interest in or to any of Alscott's Facilities, now existing or that may be constructed by Alscott or its successors in the future. 4. Use of Donated Well. Upon conveyance of the Well Lot and Donated Well to City pursuant to paragraph 1: a. City's use. City shall improve, access, use, operate, maintain, repair, and replace the Donated Well and City's Facilities as reasonably necessary and convenient to divert and use City's Water Rights for authorized purposes, and to deliver irrigation water to the Subdivision Property by and through Alscott's Facilities according to the terms of this Agreement and the Alscott Water Permit. City shall maintain the pumping capacity of the Donated Well and City's Facilities at or above the pumping capacity existing as of the Effective Date. City shall be entitled to divert water through Alscott's Facilities, in coordination with Alscott, for purposes of compliance to a flush to waste requirement in IDAPA 58.01.08.511.02. City shall be entitled to divert water from the Donated Well under City's Water Rights for City's municipal use so long as such diversion does not materially interfere with the delivery of water to Alscott under paragraph 4.b below. The parties shall cooperate as necessary in adding the Donated Well as an authorized point of diversion for City's Water Rights. b. Alscott's use. Alscott, in its sole discretion, shall be entitled to the delivery of irrigation water from the Donated Well and City's Facilities to the Subdivision Property by and through Alscott's Facilities that are connected to City's Facilities at all times and in such quantities authorized under Alscott's Water Permit, except as expressly set forth in this Agreement. Specifically, the City shall deliver water to Alscott's Facilities and Alscott shall be entitled to receive water from the Donated Well and City's Facilities during the time periods and in the quantities set forth in the following schedule: Period During each Calendar Year Diversion Rate Delivered by City (gallons per minute) November 1 through February 28 (or 29) 0 (zero) March 1 through October 31 450 Except as set forth in Paragraphs 6.a and 6.c below, City shall deliver water to Alscott's Facilities pursuant to table above at no cost to Alscott so long as deliveries of water to Alscott's Facilities do not exceed a total of 21.6 million gallons per calendar year. All water delivered to Alscott shall be from the WATER DELIVERY AGREEMENT PAGE 3 of 14 Instrument # 2025-030109 05/15/2025 02:06:20 PM Page 4 of 14 quantities authorized under Alscott's Water Permit, and not from the quantities authorized under City's Water Rights. c. Emergency City Use. City, in coordination with and at least ten (10) days prior notice to Alscott, may limit the water delivered to Alscott's Facilities under paragraph 4.b above when (i) the City has an existing well that becomes inoperable for more than 30 days due to unforeseen conditions, (ii) water from the Donated Well is necessary to supply in -home potable needs under the City Water Rights, and (iii) City is prohibiting irrigation use under any of City's water rights capable of being diverted and delivered into the interconnected municipal water system that is served by the Donated Well. 5. Construction, Operation, and Maintenance Responsibilities. Subject to the cost allocation/sharing provisions set forth in paragraph 6 below: a. Donated Well. After Alscott's initial construction of the Donated Well, well house, and related facilities and conveyance to the City pursuant to paragraph 1, City shall have the right and responsibility, in its sole discretion and cost, to construct, improve, access, use, operate, maintain, repair, and replace the Donated Well, well house, and related facilities for the purposes set forth in this Agreement, except that Alscott may perform such activities in the event of termination of this agreement by the City. City and its agents shall comply with all applicable laws, statutes, rules, and regulations pertaining to construction, improvement, operation, maintenance, repair, and replacement of the Donated Well and related facilities within the Well Lot. The Donated Well and related facilities within the Well Lot shall be constructed, improved, operated, maintained, repaired, and replaced in a manner consistent with other water system facilities owned by the City, and in conformance with all applicable governmental laws, regulations, statutes, codes, and other requirements. For the first two years following conveyance of the Donated Well to the City, Alscott shall be responsible for bringing the water supplied by the Donated Well into compliance with federal primary and secondary drinking water quality standards that are regulated by the Idaho Department of Environmental Quality (IDEA), in the event deficiencies are identified by IDEQ or the City. b. City's Facilities. After Alscott's initial construction of the Donated Well, well house, and related facilities and conveyance to the City pursuant to paragraph 1, City shall have the sole right and responsibility, in its sole discretion, to construct, improve, access, use, operate, maintain, repair, and replace City's Facilities and any related facilities for distribution of municipal water supply within Lots 1, 11, and the Well Lot Access Easement within Lot 38, all shown in Exhibit B, for the purposes set forth in this Agreement, except that Alscott may perform such activities in the event of termination of this agreement by the City. City and its agents shall comply with all laws, statutes, rules, and regulations pertaining to construction, improvement, operation, maintenance, repair, and replacement of City's Facilities. City's Facilities shall be constructed, improved, operated, maintained, repaired, and replaced in a WATER DELIVERY AGREEMENT PAGE 4 OF 14 Instrument # 2025-030109 05/15/2025 02:06:20 PM Page 5 of 14 manner consistent with other water system facilities owned by the City, and in conformance with all applicable governmental laws, regulations, statutes, codes, and other requirements. Notwithstanding anything herein to the contrary, City shall use, operate, maintain, repair, and replace City's Facilities that connect to Alscott's Facilities so that they are capable of continuously and reliably delivering water to Alscott's Facilities in quantities set forth in paragraph 4.b above. c. Alscott's Facilities. Alscott shall have the sole right and responsibility to design, transport, permit, construct, improve, access, use, operate, maintain, repair, and replace Alscott's Facilities. d. Well Lot. City shall maintain the Well Lot in good condition in accordance with applicable City and Alscott Rocking A Ranch Subdivision design review standards and at its sole expense. Any facilities for irrigation of the Well Lot shall be connected to City's Facilities and the delivery of irrigation water shall be at City's sole expense. e. Other Subdivision Property. Alscott shall maintain Lots 1, 11, and the Well Lot Access Easement within Lot 38, all shown in Exhibit B, in good condition in accordance with applicable City and Alscott Rocking A Ranch Subdivision design review standards and at its sole expense; provided, however, that City shall at its sole expense repair any damage caused to Subdivision Property resulting from City's access to the Subdivision Property and/or activities under this Agreement. 6. Cost Allocation/Sharing. a. Alscott's Costs. Prior to conveyance of the Well Lot, Donated Well, well house, and related facilities to City pursuant to paragraph 1, Alscott shall be solely responsible for paying all costs associated with constructing, improving, using, operating, maintaining, repairing, and replacing the Donated Well, well house, and related facilities, including City's Facilities within the Well Lot that connect to Alscott's Facilities and to City's municipal water system. At all times, Alscott shall be solely responsible for paying all costs associated with constructing, improving, using, operating, maintaining, repairing, and replacing Alscott's Facilities for purposes of delivering water under Alscott's Water Permit to the Subdivision Property. Alscott shall also be responsible for paying overage charges to the City for volumetric amounts in excess of those set forth in paragraph 4.b at the same rates as the City charges other residential municipal customers, and in such case will not be responsible for shared costs under paragraph 6.c. b. City's Costs. Upon conveyance of the Donated Well, well house and related facilities, and Well Lot to City pursuant to paragraph 1, City shall be solely responsible for paying all costs associated with constructing, improving, using, operating, maintaining, repairing, and replacing the Donated Well, well house WATER DELIVERY AGREEMENT PAGE 5 OF 14 Instrument # 2025-030109 05/15/2025 02:06:20 PM Page 6 of 14 and related facilities, and Well Lot, as well as City's Facilities that connect to Alscott's Facilities; provided that, Alscott shall be solely responsible for the costs of bringing the water supplied by the Donated Well into compliance with federal primary or secondary drinking water quality standards, as regulated and identified by the Idaho Department of Environmental Quality or the City, for a period of two years following conveyance of the Donated Well to the City. At all times City shall be solely responsible for paying all costs associated with constructing, improving, using, operating, maintaining, repairing, and replacing City's Facilities for purposes of diverting and delivering the City Water Rights. c. Shared Costs. After Alscott's initial construction of the Donated Well, well house, and related facilities and conveyance to the City pursuant to paragraph 1, Alscott and City each shall pay their proportionate share of costs for power necessary to divert water from the Donated Well, which proportionate shares shall be based on the total annual volume of water delivered to each Party from the Donated Well as measured by totalizing flow meters installed at appropriate measuring locations. Further, after conveyance of the Donated Well to City pursuant to paragraph 1, Alscott and City shall cooperate to have the City be responsible for the electrical power service account associated with the Donated Well. d. Right to Reimbursement. Alscott shall pay to City any outstanding share of costs it is responsible for paying under paragraphs 6.a or 6.c above within thirty (30) days of receipt of an invoice and supporting documentation from City. City shall not charge Alscott for water diverted from the Donated Well except as expressly set forth in paragraphs 6.a and 6.c. Except when amounts purported to be due from Alscott to City are in dispute, failure by Alscott to pay any amounts due to the City shall be cause for water delivery by the City to be terminated until such amounts are paid in full. 7. Termination. This Agreement shall terminate upon (a) written agreement between Alscott and City or their respective successors and assigns, (b) upon written notice by either Party or their successors or assigns to the other Party, or (c) failure of Alscott to obtain, within two (2) years of the Effective Date, a final subdivision plat approval for the portion of the Subdivision Property containing the Well Lot (individually, "Termination Event" and collectively "Termination Events"). A Party terminating under Termination Event (b) shall (i) have no further right or entitlement to construct, improve, access, use, operate, maintain, repair, replace the Donated Well or receive water from the Donated Well, or access the Well Lot, well house, or related facilities, and the non -terminating Party shall thereafter have the sole right to construct, improve, access, use, operate, maintain, repair, replace the Donated Well and receive water from the Donated Well, and (ii) shall be relieved of all obligations hereunder upon the recording of a duly executed and notarized instrument in the real property records of Ada County, Idaho, terminating this Agreement consistent with this paragraph, except for the Party's reimbursement of any outstanding share of costs under paragraph 6.d above or any claims or damages related to the Donated Well or Well Lot caused by or resulting from the Party's use of the Donated Well or Well Lot prior to or after termination of this Agreement. If City terminates this Agreement under Termination Event (b), it shall convey to Alscott the Well Lot, Donated Well, and well house and WATER DELIVERY AGREEMENT PAGE 6 OF 14 Instrument # 2025-030109 05/15/2025 02:06:20 PM Page 7 of 14 related facilities by quitclaim deed and/or bill of sale. Alscott shall retain all right, title, and interest in and to the Well Lot, the Donated Well, and any related facilities upon termination under Termination Event (c). 8. Binding Effect. Unless terminated as provided herein, the rights and interests granted in this Agreement shall be appurtenant to and run with the lands described herein as the Well Lot and the Subdivision Property, shall automatically pass with the titles to the Well Lot and the Subdivision Property, and shall not be separated from the title to the Well Lot and the Subdivision Property; provided, however that Alscott or its successors or assigns may assign their rights and obligations to an association, corporation, or other entity (including without limitation a homeowners association) formed to pay shared costs under paragraph 6.c above and/or to construct, improve, access, use, operate, maintain, repair, and replace the Donated Well and Alscott's Facilities pursuant to the terms of this Agreement. 9. Indemnification. Each Party hereby releases, indemnifies, and holds harmless the other Party and their successors, assigns, and heirs from any and all claims, liability, losses, costs, charges, debts, obligations, demands, or expenses that may arise from each Party's respective construction, access, use, operation, maintenance, repair, and replacement of the Donated Well, City's Facilities, and Alscott's Facilities, except as expressly required by this Agreement or as may arise from the negligence or willful misconduct of the other party or their employees, contractors, agents, guests, or invitees. 10. Recordation. This Agreement shall be recorded in the real property records of Ada County, Idaho. 11. Further and Additional Documents. The Parties agree to execute such other, further, and additional documents as may be required to carry into effect the terms and conditions of this Agreement. 12. Integration. The Parties hereto acknowledge that the terms, conditions, and covenants of this Agreement shall supersede any prior negotiations and agreements of the Parties or their predecessors in interest, that there are no other agreements not contained in this Agreement, and that this Agreement shall be the final expression of the agreement of the Parties and shall control. No modifications of this Agreement shall be valid unless in writing and executed by the Parties. 13. Not a Public Dedication. Nothing herein contained shall be deemed to be a grant or dedication of any portion of the lands identified herein to the general public, it being the intention of the Parties that this Agreement shall be strictly limited to and for the purposes herein expressed. 14. Attorney Fees. If any controversy, claim, or action is filed or instituted to enforce the terms and conditions of this Agreement or arises from the breach of any provision hereof, the prevailing Party shall be entitled to receive from the other Party all costs, damages, and expenses, including reasonable attorney fees, incurred by the prevailing Party. 15. Notice. All notices required hereunder shall be given in writing and shall be deemed properly served or delivered to the Parties at such addresses as may be specified from time to time: WATER DELIVERY AGREEMENT PAGE 7 OF 14 Instrument # 2025-030109 05/15/2025 02:06:20 PM Page 8 of 14 (a) if delivered in person, or by facsimile transmission with confirmation of receipt; (b) upon deposit for overnight delivery with any reputable overnight courier service, delivery confirmation requested; (c) upon deposit with the U.S. Postal Service, registered or certified mail; or (d) by sending of electronic mail upon confirmation of receipt. 16. General. All Recitals and exhibits to this Agreement are true and correct and are hereby incorporated by reference as if set forth herein. However, in the event of a conflict between such Recitals or any exhibits and the terms of this Agreement, the terms of this Agreement shall control. This Agreement may be executed in counterparts, each of which is deemed an original but all of which constitute one and the same instrument; the signature pages may be detached from each counterpart and combined into one instrument. This Agreement may be amended only by written agreement executed by both Parties. No waiver of any right or remedy in the event of default hereunder shall constitute a waiver of such right or remedy in the event of any subsequent default. The laws of the State of Idaho shall govern this Agreement. The invalidity or unenforceability of any provision of this Agreement shall not affect the validity or enforceability of any other provision hereof. The headings of the several sections contained herein are for convenience only and do not explain, define, limit, amplify, or aid in the interpretation, construction, or meaning of the provisions of this Agreement. [end of text; signature pages and exhibits follow] WATER DELIVERY AGREEMENT PAGE 8 OF 14 Instrument # 2025-030109 05/15/2025 02:06:20 PM Page 9 of 14 IN WITNESS WHEREOF, the Parties have executed this Agreement effective as of the Effective Date. "Alscott" Alscott Real Estate, LLC, an Idaho limited liability company STATE OF IDAHO . ss. County of t-+-'t- By' 1 Name: $r.•r SC-0 Its: 'J co- V(eS i V On this S day of i \k`Pr`\ , 2025, before me, a Notary Public in and for the State of Idaho, personally appeared ?D`Q-k S� � , known or identified to me to be a manager in the limited liability company of Alscott Real Estate, LLC, and who subscribed said name to the foregoing instrument, and acknowledged to me that she executed the same in said company name. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year first above written. Notary Pubic for Residing at: W O' r c v NT f My commission expires: 12-1 ‘.0 ( WATER DELIVERY AGREEMENT PAGE 9 OF 14 Instrument # 2025-030109 05/15/2025 02:06:20 PM Page 10 of 14 "City" City of Eagle, a municipal corporation in the State of Idaho, STATE OF IDAHO . ss. County of By: Name gY c Its: v Gy On this �1' day of A , 2025, before me, a Notary Public in personally and for the State of Idaho *eared p y p 6.('pt,(�. ?Ace,,known or identified to me to be the rk 0.1Qt. of City of Eagle and who subscribed said name to the foregoing instrument, and acknowledged to me that [s]he executed the same in said City's name. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year first above written. .•� CSEN N••' f4o1ARv�'e • PUBL1Gh: •:'gym. No. •. e. '•J')• ••.....•• #Q.�. •••.gTEOF •..•° Notary`Public for Idaho Residing at: E a 011 My commission expires: Z- 2'19 31 WATER DELIVERY AGREEMENT PAGE 10 OF 14 Instrument # 2025-030109 05/15/2025 02:06:20 PM Page 11 of 14 • IDAHO isc SURVEY GROUP Exhibit A Legal Description of the Subdivision Property Alscott Rocking A Ranch Subdivision Boundary Description Project Number 21-163 March 6, 2023 9955 W Emerald St Boise, ID 83704 Phone: (208) 846-8570 Fax: (208) 884-5399 Lots 2, 3, and 4, Block 1 and a portion of Lot 1, Block 1 of Equestrian Estates Subdivision No. 1 (Book 56 of Plats at Pages 5132 through 5133, records of Ada County, Idaho); portions of the northwest quarter; and a portion of the southwest quarter of Section 33, Township 5 North, Range 1 East, Boise Meridian; being more particularly described as follows: Commencing at the southwest corner of Section 33, Township 5 North, Range 1 East, Boise Meridian; Thence N00°25'01"W, 2644.90 feet along the west line of the southwest quarter to the west quarter -section corner; Thence N89°45'00"E, 33.00 feet along the east -west mid -section line to the southwest corner of Lot 2, Block 1 of Equestrian Estates Subdivision No. 1 on the east right-of-way line of N. Eagle Rd., the POINT OF BEGINNING: Thence N00°25'03"W, 1317.14 feet along the boundary of Equestrian Estates Subdivision No. 1 and the east right-of-way line of N. Eagle Rd., bridging the out -parcel of Equestrian Estates Subdivision No. 1, to the northwest corner of Equestrian Estates Subdivision No. 1 on the south line of the northwest quarter of the northwest quarter; Thence 589°34'07"W, 33.00 feet along the south line of the northwest quarter of the northwest quarter to the north sixteenth -section corner; Thence N00°25'03"W, 13.37 feet along the west line of the northwest quarter of the northwest quarter to the boundary of Parcel 1 (Record of Survey 1742, records of Ada County, Idaho); Thence S89°34'40"E, 905.45 feet along the boundary of Parcel 1 to the boundary of Parcel 2 (Record of Survey 1742, records of Ada County, Idaho); Thence S89°38'36"E, 933.47 feet along the boundary of Parcel 2; Thence N89°42'56"E, 816.39 feet along the boundary of Parcel 2 to the boundary of Equestrian Estates Subdivision No. 1, Placid Ridge Subdivision (Book 114 of Plats at Pages 16886 through 16890, records of Ada County, Idaho), and the east line of the southeast quarter of the northwest quarter; Thence S00°19'55"E, 1310.39 feet along the boundary of Equestrian Estates Subdivision No. 1, Placid Ridge Subdivision, and the east line of the southeast quarter of the northwest quarter to the northwest corner of Buckwheat Page 1 of 2 WATER DELIVERY AGREEMENT PAGE 11 OF 14 Instrument # 2025-030109 05/15/2025 02:06:20 PM Page 12 of 14 • IDAHO SURVEY GROUP Alscott Rocking A Ranch Subdivision continued... 9955 W Emerald St Boise, ID 83704 Phone: (208) 846-8570 Fax: (208) 884-5399 Acres Subdivision (Book 78 of Plats at Pages 8340 through 8341, records of Ada County, Idaho) and the center quarter -section corner; Thence 500°20'07"E, 1322.04 feet along boundary of Equestrian Estates Subdivision No. 1, Buckwheat Acres Subdivision, and the east line of the northeast quarter of the southwest quarter to the northeast corner of Sunnybrae Subdivision (Book 69 of Plats at Pages 7076 through 7077, records of Ada County, Idaho) and the center -south sixteenth -section corner; Thence 589°44'29"W, 994.09 feet along the boundary of Equestrian Estates Subdivision No. 1, Sunnybrae Subdivision, and the south line of the northeast quarter of the southwest quarter to the northwest corner of Sunnybrae Subdivision and the center - west -east southwest two -hundred fifty -sixth -section corner; Thence S00°17'42"E, 252.04 feet along the boundary of Sunnybrae Subdivision and the east line of the west half of the west half of the southeast quarter of the southwest quarter to the boundary of Parcel 'B' (Record of Survey 1906, records of Ada County, Idaho); Thence 589.43'57"W, 501.75 feet along the boundary of Parcel 'B'; Thence S00°17'03"E, 634.07 feet along the boundary of Parcel 'B'; Thence 589°43'57"W, 490.94 feet along the boundary of Parcel 'B', the boundary of Cedith Estates Subdivision (Book 58 of Plats at Pages 5619 through 5620, records of Ada County, Idaho), and the easterly extension thereof, to the west line of the east half of the southwest quarter of the southwest quarter; Thence N00°23'47"W, 886.26 feet along the boundary of Parcel 'B' and the west line of the east half of the southwest quarter of the southwest quarter to the center -west southwest sixty -fourth -section corner on the south boundary of Equestrian Estates Subdivision No. 1; Thence 589°44'29"W, 629.82 feet along the south boundary of Equestrian Estates Subdivision No. 1, the westerly extension thereof, and the south line of the northwest quarter of the southwest quarter to the east right-of-way line of N. Eagle Rd.; Thence N00°25'01"W, 1322.44 feet along the boundary of Equestrian Estates Subdivision No. 1, the southerly extension thereof, and the east right-of-way line of N. Eagle Rd. to the POINT OF BEGINNING. The above -described parcel contains 171.66 acres, more or less. Page 2 of 2 WATER DELIVERY AGREEMENT PAGE 12 OF 14 Instrument # 2025-030109 05/15/2025 02:06:20 PM Page 13 of 14 1N3I.I332I9y A213A1IG 213IVM bi 3O £i 3Ddd r:g Swat 3 Sue 4 ...3 MO sow,. o* Sole: 1" : 230' na l bootiopt 300'19'55'r 1311133' Plat Showing Alscott Rocking A Ranch Subdivision Lots 2, 3, & 4, Block 1 and a Portion of Lot 1, Block 1 of Equestrian Estotes Subdivision No. 1; Portions of the Northwest Quarter; and a Portion of the Southwest Quarter of Section 33, Township 5 North, Range 1 East, Boise Meridian, City of Eagle, Ada County, Idaho. 2025 orIaa. r. C1/4 10.2755 n-a sal .m. 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Cop We..-t Set 1/S' . 24• Iron P. .2 Pleat C•. •t311r Msc PL5 1133.1. 5. I. Ygr6ed• 0w.cW. Cqr 61• ro....-t steam! '150 KS 11334' erN.e- 11.•d4 tat xe •e 6.eN 2. Cap. 5. PI.•lls Cap. 1SC PLS 1+33a• road l.nl. Cap. Rep.. .a PI-lk Cap, 'ISC PIS 11334' Earamat Arc length (Sea Note 17) seat-n Bomb" Ln. seam Uw RMt-ol-•d u. Lot W. amt..w stn. O0i 6-memt (6.. Nab 17) A00 P.ms--t 4.nont 1a. (See New 16) P.eawy 6.-1M 1.1e (5.. 6 S 14) AMk 121111. Property gebga. W IrtV.dm Bee* L. (Soo Bah 13) Na l Let Mo. 6-.n-e (5- Mat. lq 5.4•een l...n.41b (5.. 11. 15) Peed 12. •./3.4b law N.d, L. Soo C-t4S1 1/64 S)P43'67'W 417044' Cod. L.W.. ♦ 41 I" i Shoot 3 —SSW—2 Ssr *slaw `.r Lee 24 Alscott Rocking A Ranch Subdivision PLS 4116 066.43'57 1Y 601.76 o-w-e-6• 1/264 P15 4116 \ z Go°\ - 11 r. r \. / \b \ ,ztia 0 1P\ `„ �,.p u7 Metal 'C' Sod. 1•.be • Sr Slur 4 for d-elwn el ix 26 I N657S5" 2 ; _ _rrot.aare 333M'_ _ wE S0W14'2B'W ll4.00 3t+..e.b.. 3WdYiM. -' b - - 2PAtl 11666 O N6r46ii 21a6r I 3 ik f } C120 sssuz - u3 // N. Rand late (whr) 21023 s. ate® aasr I� __u2\ cy� //- 1 I / / I ,.ate,• ®4 / I Narm'65'[ senesarre / \ // ♦ Doh sod. 1'.6e ser t•\I N.C. 406.7 ' • 6-e••6-51 I6 oetd T sad. rad' Jab No. 21-163 Sheet 2 of 7 S8r44'2CW 620.e2' Soo Sheet 5 for Notes, d line & Curve Tables. Book Page •