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Easement - Terra View LLC - 2025 - Terra View - Water Easement 2Ada County Recorder Trent Tripple 2025-058792 Boise, Idaho Pgs= 10 vbailey 09/10/2025 01:47:52 PM CITY OF EAGLE $37.00 Electronically Recorded EASEMENT AGREEMENT THIS EASEMENT AGREEMENT ("Agreement") is made and entered into this i 0" day of S41210Abt If , 2025, by and between Terra View, LLC, 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: 1. 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 "A" and generally as shown on Exhibit "B" attached hereto, for the purpose of permitting the Grantee to therein construct, install, maintain, repair, replace, use, and operate an underground water line or lines, and related facilities ("Easement"). 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 Instrument # 2025-058792 09/10/2025 01:47:52 PM Page 2 of 10 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" Terra View, LLC By: .,: 'stin Martin, Manager "GRANTEE" CITY OF EAGLE By: Bra Pike, Mayor ATTEST acy E. orn, City Clerk Instrument # 2025-058792 09/10/2025 01:47:52 PM Page 3 of 10 STATE OF IDAHO ) County of MX/ ) On this / day of hi0 ( , 2025, before me, V V l N,u 17`" , a Notary Public for said County and State, personally appeared Justin Martin, kn6wn or identified to me to be the Manager and the person who subscribed said name to the foregoing instrument, and acknowledged to me that he/she/they executed the same in said "GRANTOR'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. AMY P GOODWIN COMMISSION #20214875 NOTARY PUBLIC STATE OF IDAHO MY COMMISSION EXPIRES 10/12/2027 A/v,\ whAi NOTARY PUBLIC FOR IDAHO Residing at Kif / My commission expires Lit-�2�1 STATE OF IDAHO ) County of Ada On this �� day of cIP,(tAPAM'OCJV , 2025, before me, ginh0 v1L , a Notary Public in and for said County and State, personally appeared Brad Pike,lnown or identified to me to be the Mayor of the City of Eagle 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. NOTARY' PUBLIC FOR IDAHO Residing at My commission expires Z-7,1,030 Instrument # 2025-058792 09/10/2025 01:47:52 PM Page 4 of 10 EXHIBIT "A" ADA COUNTY RECORDER Christopher D. Rich BOISE IDAHO Pgs=5 DAWN TRIVOLIS TITLEONE BOISE 2015-093379 10/08/2015 12:09 PM $22.00 RECORDING REQUESTED BY AND WHEN RECORDED MAIL TO: Terra View, LLC c/o Wilson & McColl 3858 N. Garden Center Way, Suite 200 Boise, Idaho 83703 Attention: Brian F. McColl, Esq. MAIL TAX STATEMENTS TO: Terra View, LLC c/o Wilson & McColl 3858 N. Garden Center Way, Suite 200 Boise, Idaho 83703 Attention: Brian F. McColl, Esq. Arakr??26 A t/sue (Space Above This Line For Recorder's Use Only) GRANT DEED FOR VALUE RECEIVED, SB/CH LAND COMPANY (FLACK/CARLOCK), LLC, a Delaware limited liability company, hereby grants to TERRA VIEW, LLC, an Idaho limited liability company, all of its right, title and interest in and to that certain real property situated in the City of Eagle, County of Ada, State of Idaho, described on Exhibit A attached hereto and by this reference incorporated herein. SAID PROPERTY IS CONVEYED SUBJECT TO all liens, encumbrances, easements, covenants, conditions and restrictions of record and/or apparent. [Signatures appear on the following page.] 9055-12291W12772012 Instrument # 2025-058792 09/10/2025 01:47:52 PM Page 5 of 10 IN WITNESS WHEREOF, the undersigned has executed this Grant Deed dated as of Octoberyy.:2015. SB/CH LAND COMPANY (FLACK/CARLOCK), LLC, a Delaware limited liability company By: STOCKBRIDGE REAL ESTATE PARTNERS II, LLC, a Delaware limited liability company, its manaier By: Name:tin Renaudin Title: Managing Director, Vice President and Assistant Secretary Instrument # 2025-058792 09/10/2025 01:47:52 PM Page 6 of 10 EXHIBIT A TO GRANT DEED LEGAL DESCRIPTION All that certain real property located in the City of Eagle, County of Ada, State of Idaho, more particularly described as follows: [See attached] EXHIBIT A 9055-122989\ 1277201.2 Instrument # 2025-058792 09/10/2025 01:47:52 PM Page 7 of 10 Legal Description; A parcel of land loured In the Southeast quarter of Section 33 and in Section 34, Township 5 North, Range 1 West, Ada County, Idaho, being more particularly described as follows: Commencing at the Southeast corner of Section 33, Township 5 North. Range 1 West, Boise Mstid1an,1ho Rail Po1rd of Beginning of th1s Description; thence North 09°44'14" West,1155.56 feet along the South One of said Section 33 to a point on the Easterly tight of way of Idaho State Highway 18; thane along the Rigtbof•Way of Highway 15 the following: North 00'15'45' East. 25.00 feet to a potnk thence North 44°2T3Y West, 140.08 feet to a point thence North 00°5508" East, 874.85 fat to a point of spiral curvature; thence 383.78 feat along a spiral curve to the bA sold curve having a radhrs of 1920,84 feat, a theta angle of 5°25'40" and a chord bearing North 00'53'25" West, 363.84 feet to a point of curvature: thence 275.40 fat along a curve to the left, said cum bavhtg a radius of 1949.99 fist, a delta angle of 8'05'33", a tangent of 131,93 feet and a chord which bars North 08'29'53" West, 275.f7 feet to a point on the East line of the East bat( of the Southeast quarter of aid Section 33; Ihince Peeving the Right-o14hiy of 16 North 0095'35" Ent,1213.02 het to the Northwest Cotner of the Ent half of the Southeast quarter of said Section 33; thence South 88"00'55" East, 1316.85 het to the quarter corner common to said Section 33 and Section 34; thence South 89.1014` Eset. 2837.44 feet to the center quarter comer of Section 34; thence South 89'11'05" East, 736.11 feet along the South tine of the Southwest quarter of the Northeast quarter to a point; thence North 00'31'15" Eest, 429.50 feet to s pone dance South 8E11'05" East, 571.50 feat to a pewit on the East kw of Ms Southwest quarter of the Northeast quarter, thence South 00'1115" West, 429.00 fat to the Southeast corner of the Southwest quarter or the Marmoset quarter; thence Snit, 00'3612" West 328.63 feet along the East On of the Northwest quarter of the Southeast quarter ha a point; thence South 117°34.07" Woe, 27.44 test to s point thence South 34"48107" West, 240.70 feet to a point; thence South 41'25'07" West, 101.30 feet to a point thence South 31"3813" West, 213.32 fat to a point; thence South 20'37 07" West, 116.40 feet to a point; thence South 3r2417" Wen 168.00 test to a pout; then South 13'24'07" West moo foot to a point; thence South 11'25'13" East, 173.42 tin to a potntz thence North 89"0T36" West, 858.05 fat to die Southeast corner of the Northeast quartet of the Southern{ quarter; thence North ar06'4r Wow,1311.87 feet to the Southwest comer of the Northeast quarter of the Southwest quarter, thence South 00'2926" West,1315.88 fat to the Southeast comer of the Southwest quarter of the Southwest quarter; thence North 8ro3'i9" West,1319.03 feet to the Real Point of Beginning of Ms description. And A parcel of lend Ioceted in the Southeast quarter of the Southwest quarter end the Southwest quarter of the Southeast quuter of Section 34, Township5 North, Range 1 West, Ada County, Idaho, being more perdcularly described as follows; Commencing at the Southeast corner of Southwest quarter (South quarter comer) of Section 34, Township 5 North, Range 1 West, noise Meridian; thence North 89"03'19" West, 33.00 feet along the South line of said Southwest quarter to the Real Point of Beginning of this description; thence North 119'03'19" Wes1,1286.03 feat to the Soutlhwnt Cotner *the Southeast quarter of the Southwest quarter of said Section 34; thence North 00"2978' East,1316.88 feat to the Northwest Corner of the Southeast quarter of the Southwest quarter of said Section 34; thence South 89'OB'46• East,1318.87 feet to the Northeast Come of the Southeast quarter of the Southwest quarter of said Section 34; thence South 89'67'3a" East, 858.05 feet along the North line of the Southwest quarter of the Southeast quarter to a point thence South 0r50'25" East. 119.14 feet to a point; thence South 26'4015" West, 77.40 fat to a porn!: thence South 49'56'35' West,199.58 feet to a point thence South 40'1715" West, 264.35 feet to a point; thence South 48°39'35" West, 218.18 feet to a point; thence South 66°55'35" West, 129.16 feet to a point; thence South 28"30'35" West, 77.80 feet to a point; thence South 29"33'35" West, 105.37 feet to a point; thence South 15°37'35" West, 96.98 feet to a point; thence South 26°51'35" West, 377.85 to the Real Point of Beginning of this description. EXHIBIT A 2 9055-122989\1277201.2 Instrument # 2025-058792 09/10/2025 01:47:52 PM Page 8 of 10 A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. State of Californian County of S444 &a1cC' On Oth)bei(vi 2OISbefore me, �,tat,� f } . _ m, a Notary Public in and for said Co(mty and State, personally appeared IGIrLs.(e) who proved to me on the basis of satisfactory evidence to be the perso whose name( are subscribed to the within instrument and acknowledged to me that he /they executed the same in his/ their authorized capacity(ie , d that by his/ er heir signature(sron the instrument the person , or the entity upon be alf of which the persop acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. Signature (Seal) ,ii ,, KAREN A. KNUTH ' 11Commission # 1992547 "s" y Notary Public - California z z `''"'' z San Francisco County 1_ _ ', My Comm. Expires Sep 29. 2016 9055-122989\1277201.2 Instrument # 2025-058792 09/10/2025 01:47:52 PM Page 9 of 10 ,f ARDURRA Legal Description EXHIBIT "B" An easement located in the Northwest Quarter of the Southwest Quarter of Section 34, Township 5 North, Range 1 West, Boise Meridian, Ada County, Idaho, more particularly described as follows: COMMENCING at the Southwest corner of said Section 34, from which the south One -Quarter corner of said Section 34 bears 5.89°03'27"E., 2638.01 feet; thence, along the south line of the Southwest Quarter said of Section 34, A) 5.89°03'27"E., 817.45 feet; thence, leaving said south line, B) N.00°56'33"E., 1443.30 feet to a point on the northerly line of Terraview Subdivision No. 1 recorded in Book 127 at Pages 20458 through 20462, under Instrument No. 2023-064764, Official Records of Ada County; thence, leaving said northerly line, C) N.00°31'28"E., 259.50 feet to the POINT OF BEGINNING; thence, 1. N.00°31'28"E., 20.00 feet; thence, 2. S.89°31'53"E., 141.80 feet; thence, 3. 5.54°59'28"E., 33.46 feet to the beginning of a non -tangent curve; thence, 4. Southwesterly along said curve to the left, having a radius of 65.00 feet, an arc length of 20.14 feet, through a central angle of 17°45'17", of which the long chord bears 5.39°29'54"W., 20.06 feet to a point of non -tangency; thence, 5. N.54°59'28"W., 25.68 feet; thence, 6. N.89°31'53"W., 135.60 feet to the POINT OF BEGINNING. CONTAINING: 3,355 square feet, more or less. 1 144 S. Silverstone Way, Suite 320 I Meridian, ID 83642 208.323.2288 www ariurrn corn Instrument # 2025-058792 09/10/2025 01:47:52 PM Page 10 of 10 H:t240311103_CAD\Survey\Boundary\240311_WATER_EXH.dwg, 2/6/2025 1:48:13 PM, Michael Reymann, DWG To PDF.pc3 © 2025 ARDURRA GROUP INC. THIS INSTRUMENT IS THE PROPERTY OF ARDURRA. ANY REPRODUCTION, REUSE OR MODIFICATION OF THIS INSTRUMENT OR ITS CONTENTS WITHOUT SPECIFIC WRITTEN PERMISSION OF ARDURRA IS STRICTLY PROHIBITED. EXHIBIT "B" LOCATED IN NW1/4 OF THE SW1/4 OF SECTION 34, TOWNSHIP 5 NORTH, RANGE 1 WEST, BOISE MERIDIAN, ADA COUNTY, IDAHO 2025 0' 30' 60' 120' POINT OF BEGINNING LINE TABLE LINE BEARING DISTANCE L1 N00'31'28"E 20.00' L2 S54'59'28"E 33.46' L3 N54'59'28"W 25.68' SEC. COR. CP&FR INST. NO. 2021-056121 33 34 0 u) r.71 0 0 z S89'31'53"E 141.80' N89'31'53"W 135.60' 20' CITY OF EAGLE WATER EASEMENT TERRAVIEW SUBD. NO. 1 817.45' rt_1820.56' 4 3 S89'03'27"E 2638.01' BASIS OF BEARINGS W. BEACON LIGHT RD. W. STARWOOD CT. CURVE TABLE CURVE RADIUS LENGTH DELTA BEARING CHORD _ C1 65.00' 20.14' 17'45'17" S3929'54"W 20.06' 34 1/4 COR. CP&FR INST. NO. 8761663 3 A/ARDURRA SHEET NO. 1 OF 1 1144 S. SILVERSTONE WAY, SUITE 320 MERIDIAN, IDAHO 83642 208-323-2288 I WWW.ARDURRA.COM