Easement - DFC Eagledale, LLC - 2025 - Everton Sub. No. 1 - Water Line EasementAda County Recorder Trent Tripple 2025-068389
Boise, Idaho Pgs= 6 nolson 10/17/2025 10:49:03 AM
CITY OF EAGLE $25.00
Electronically Recorded
EASEMENT AGREEMENT
THIS EASEMENT AGREEMENT ("Agreement") is made and entered into this �� day
of _�Y1�.1/ . 20�, by and between DFC Ea�ledale, 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 thereaf are
located within any dedicated public road right-of-way.
Q. 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.
AGREEMEIVT 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 hereta, 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 Praperty described in Exhibit "A" and generally as shown on
Exhibit "B" attached hereta, 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 partions of the Easement hereafter come to be located within, ar became
a part of, a public right-of-way or a dedicated street or raad, said Easement shall be
deemed to be of no force or effect for so long as said right-of-way remains a dedicated
Instrument # 2025-068389
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public street or road, during which time Grantee's rights shail be governed by a�aplicable
law and/or alternative a�reements between Grantee and the governmental entity having
jurisdiction over said dedicated public street or road right-of-way.
4. In order ta carry out the provisions of this Agreement, Grantor further conveys to Grantee,
its agents, emplayees, contractars, and assigns a temporary license to traverse or occupy a
portion of the Subject Property or Easement with vehicles and equipment for the purpase of
making improvements and excavatiQns thereon and thereunder as may be reasonably
necessary to construct, install, maintain, repair, replace, operate or use water lines and
related faciiities installed or located in the Easement.
5. Grantee shall save and hold Grantor harmless from any and al{ {iability far personal
injury or praperty 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 pr assigns.
6, Upon completion of its installation of water iines and related facilities within the Easement,
and any subsequent canstruction or maintenance activity conducted therein by the
Grantee, the Grantee shall immediately repair, restore and revegetate all disturbed
surface areas in a manner cansistent with conditions existing priar to the disturbance, all to
the reasonable satisfaction of the Grantor.
7. This A�reement, and the easernent herein granted shall be appurtenant to, and run with
the tit{e to the real property encumbered thereby, and shall obligate, and inure to the
benefit of, the parties hereto and their respective successors and assigns.
8. The prevaifing pa�ty in any claims c�r disputes arising out of this A�reemer�t shail be entitled to
recaver reasonable attt�rney's fees in acldit�or� tc� other relief which a court of cc�mpetent
jurisdi�tior� rr�ay award.
!N WITNE55 WHEREQF, the parties hereto have caused this Easement Agreement to be
executed on the day and year first abave written.
"GRANT�R"
pFC EAGLEDA�E, ��C
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11�t'�k Carlson, Vice President
"GRANTEE"
CITY CiF EAGIE
By. �,•��`z .
Y �i
Brad Pike, Mayor ��q°�.�,��. _ ''! f �d�
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acy E. �sborn, City Clerk
Instrument # 2025-068389
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STATE OF �Or'1 �� )
County of ��-. ����� )
On this `�-� day of . 20°�'�, before me, s��.,� �c�� . a
Notary Public for said County and State, personally appeared Nick Carlson, known or identified to
me to be the Vice President of DFC Ea�ledale, LLC 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 officiai seal the day and
year in this certificate first above written.
��, �„a:�.:���
hlotury F'Ublir, Sfata Gf rlonda
Alexarder E�=rnlaerc�er
�- ' ft�y Cnmmi4sion HN 6r,680"7
��;�� Ex?�.res 1c/r7/2�723
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STATE OF IDAHO
County of Ada
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NOTARY PUBLIC FOR � �7 y'1✓�,01
Residing atl'�� �ra�ru$� 1J,ltu�.. C. r. Per)(�vedr��a
My commission expires �O12'��
On this � day of�r�U V�,Y , 2Q� before me, '�'���� t�V � K.� , a
Notary Public in and for said County and State, personally appeared �Y�c� '�i W�
, known ar identified ta me to be the �11�`�. p t(.2... , the body
politic that executed the foregoing instrument, and acknowledged ta 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.
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��,.•'��,,gy8�•.,�� NOTAR PUBLIC FOR IDAHO
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Instrument # 2025-068389
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Project No.; 23-244
Everton Subdivision No. 1
City of Eagle Water Easement
Legai Description
Exhibit A,
A parcel of land for a water easement in favor of the City of Eagle and being situated in a partion af the
Northwest 1/4 of the Southeast 1i4 of Section 10, Tawnship 4 North, Range 1 West, B.M., Ada Caunty,
Idaho being mare particularly described as follaws:
Commencing at the Center �./4 corner of said Section 10, which bears N00°35'S0"E a distance af
2,645.85 feet from the South 1/4 corner of said Section 10, thence fallowing the westerly line af said
Northwest 2/4 of the Southeast 1/4, 500"36'S0"W a distance of 534.72 feet;
Thenee leauing said westerly line, S$9°23'10"E a distance af 439.18 feet ta the POINT OF BEGiNNING.
Thence N04°36'S0"E a distance of 60.00 feet;
Thence S89'23'10"E a distance of 37.00 feet;
Thence S00°36'S0"W a distance of 60.00 feet;
Thence N89°23'10"W a distance of 37.00 feet ta the PCIiNT OF BEGIN�iI�lG.
Said easement description is a total of 2,220 square feet, more or less, and is subject to a!! existing
easements and/or rights-of-way of recard or implied.
Attached hereto is Exhibit 8 and by this reference is made a part hereof.
5725 fVorth Discovery Way o Baise, idaho ffi3713 a 208.639.5939 � kmengllp.cam
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�:° m; Exhibit B- City of Eagle Water Easement
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�:�; A portion af the NVtI 1/4 of the SE 1j4 Qf Section 10,
� T4�1., R1W., B.M., City of Eagfe, Ada County, idaho
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Instrument # 2025-068389
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Title: Offsite Water Easement
Date: OS-21-2025
' Scale: 1 inch = 40 feet I File:
Traet 1: t7.0� 1 Acres: 2220 Sq Feek: Ciosur� = n00.Of}OOe 0.00 Feet: Precision > 1i999999: Perimeter = 194 F�et
001=nQ4.36a0e 60.fl0 003=sOQ.36�Ow 60.d0
402—s89.2310e 37.00 004=n89?310w 37.Q0