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Easement - Avimor CID No. 1 - 2025 - Avimor - Avimor Water - Assignment & Assumption of Waterline EasementInstrument # 290978 IDAHO CITY, BOISE COUNTY, IDAHO 9-26-2025 09:56:24 AM No. of Pages: 3 Recorded fo� : AYIMOR �ul�n MARY T. PRISCO Fee: 16.00 Ex-Officio Recpo�rder Deputy��1 Indg��enhY�ecor�eQ /e[ii n lo: ( City of Eagle Attn: City Clerk 660 E. Civic Lane Eagle, Id 83616 Ir�strument # 352725 EMMETT, GEM, IDAHO 3-12-2025 03:49:48 PM No. of Pages: 3 Recarded for : AVIMOR CIQtk 1 LEANDRA RaUNTREE ' : 16.Q6 Ex-0fficio Recorder De�ty Index to: EASEMENT 4 ADA COUNTY RECORDER Trent Tripple 2025-015247 BOISE IDAHO Pgs=3 BONNIE OBERBILLIG Q3/12/2025 02:17 PM AVIMOR CID NO 1 AMOUNT:$16.00 II I I II I I II'll I'I f"II II I II I II I II I I I I II I I I III I I'I� 01415394202500152470030038 ASSIGNMENT AND ASSUMPTION OF WATERLINE EASEMENT AGREEMENT This ASSIGNMENT AND ASSUMPTION OF WATERLINE EASEMENT AGREEMENT (this "Assignment") is entered into this� day of February, 2025 ("Effective Date") by and between the Avimor Community Infrastructure District No. 1, a community infrastructure district duly organized and validly existing pursuant to the laws of the State of Idaho and a political subdivision of the State of Idaho ("Assignor"), and the City of Eagle, a municipal corporation organized and existing under the laws of the State of Idaho ("Assignee"). RECITALS A. Reference is made to that certain Waterline Easement Agreement dated effective May 30, 2024, by and between R. Pfannmuller & Son, LLC, an Oregon limited liability company, Sage Investment Partners LLC, an Idaho limited liability company, Avimor Development, LLC, an Idaho limited liability company, and First American Title Insurance Company, a Nebraska corporation, formerly shown as a California Corporation, as Trustee of the Dual Beneficiary Trust No. 8562 which Trust was created pursuant to the Subdivision Trust Agreement dated October 8, 2002 and erroneously shown of record as October 8, 2003, as amended, as its interests appear of record collectively as "Grantor" and Assignor as "Grantee" re-recorded with the Ada County Recorded on June 12, 2024 as instrument Number 2024-031608 (the "Waterline Easement"). B. Pursuant to Section 12 of the Waterline Easement, Assignor may freely assign its right, title, and interest in and to the Waterline Easement to Assignee. C. Assignor desires to assign, set over and convey to Assignee all of Assignor's rights, title, interest, and benefits in, to and under the Waterline Easement, and Assignee desires to assume the obligations of Assignor under the Waterline Easement, upon the terms and conditions of this Assignment. AGREEMENT NOW, THEREFORE, for and in consideration of the mutual covenants set forth herein and other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, Assignor and Assignee hereby agree as follows: Recitals. The recitals set forth above are true and accurate and are incorporated herein by reference. 2. Assi�nment. As of the Effective Date, Assignor does hereby assign, transfer, set over, convey and deliver unto Assignee, its successors and assigns, all of the rights, title, benefits, powers, privileges and interests of Assignor in and to the Waterline Easement. ASSIGNMENT AND ASSUMPTION OF WATERLINE EASEMENT AGREEMENT - 1 :!f`!STt�U. ra0��,.� E�'RGE e:..:„��:�-�,.� 3. Assumption. From and after the Effective Date, Assignee hereby assumes the rights, liabilities, obligations, duties and responsibilities of Assignor under the Waterline Easement. 4. Bindin� Effect. This Assignment is binding upon and shall inure to the benefit of the parties hereto, and their respective authorized agents and representatives, successors and assigns. This Assignment has been entered into by Assignor and Assignee solely for their benefit, and the benefit of their respective successors, assigns, authorized agents and representatives, and not for the benefit of any other persons not a party to this Assignment. No person shall be entitled to the benefits of any covenant, indemnification or other agreement made herein, whether as a third party beneficiary or otherwise, except as expressly provided in this Assignment. 5. Countemarts. Assignor and Assignee agree that this Assignment may be executed by any electronic means, may be executed in counterparts, and signature pages may be transmitted by facsimile transmission or email to facilitate execution of this Assignment. Any number of counterparts, each of which shall be deemed to be an original, shall constitute one Assignment and shall be binding on the Assignor and Assignee. [end of text; signatzcre pages followJ ASSIGNMENT AND ASSUMPTION OF WATERLINE EASEMENT AGREEIvIENT - 2 ;�� ,�T���B ��� � k'"�HC;r� ;.. -�i}� _� � _._ -.>,�.? IN WITNESS WHEREOF, the Parties have executed this Agreement effective as of the Effective Date. "Assignee" CITY OF EAGLE, a municipal corporation in the State of Idaho /� , .� � By: � .... Bra`d Pike, Ma or Dated: 2—I�LLp'�2 S ,,,apooeiee�000iar ,��° Cl� Y O� �s,o Attest: ,, .m.�.�.. F '°• aM o° s� 9 a � T a•COR��,t' ss:� i • '1 0 � e � � °r[j• • • ° �' • V? oa�_/rS��� :: City Clerk �� -?�mo �i,� — m � : � °e ����/:U ly'\ �o a°oWoaus r��� j I� ,'��`{O "Assignor" AVIMOR COMMLTNITY INFRASTRUCTURE DISTRICT NO. 1, a community infrastructure district duly organized and validly existing pursuant to the laws of the State of Idaho and a political subdivision of the State of Idaho By: ,i----,�.w �- ��.ywv...._- =--lts: Chairperson Dated: �j J � 'L rJ ATTEST: ,�, � ��//k��(,�- District Clerk V ASSIGNMENT AND ASSUMPTION OF WATERLINE EASEMENT AGREEMENT - 3 s , r._R �:n_� . _. �.r_.�Ta _- �, .. =,;s-r�u raa ��,.. e >,���tM, � n �� k -_-= , .�, _ _ T_. _ ,�,�r, �,�}