Easement - DFC Eagledale, LLC - 2025 - Everton Sub. No. 2 - Water Line EasementAda County Recorder Trent Tripple 2025-068388
Boise, Idaho Pgs= 5 nolson 10/17/2025 10:49:03 AM
CITY OF EAGLE $22.00
Electronically Recorded
EASEMENT AGREEMENT
THIS EASEMENT AGREEMENT ("Agreement") is made and entered into this ��i day
of ���,Y , 20�, by and between DFC Ea�ledale. LLC, referred to as "Grantor", and
the CITY OF EAGLE, 660 E. Civic �ane, Eagle, Idaho, 83616, hereinafter referred ta as "Grantee".
RECITALS
A. Grantor is the owner of certain rea) property situated in the City of Eagle, Ada County,
Idaha, hereinafter referred to as the "Subject Property", and rnore particulariy 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 af 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
terrns 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 goad and valuable consideration, the receipt and sufficiency of which is hereby
acknawledged 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 canditions hereinafter set forth, hereby grant and convey
unto the Grantee, its successors and assigns, an easement over, under and across that
partion af the Subject Property described in Exhibit "A" and generally as shown on
Exhibit "B" attached hereto, for the purpase 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; pravided, however,
that should any portions 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 lang as said right-of-way remains a dedicated
Instrument # 2025-068388
10/17/2025 10:49:03 AM Page 2 of 5
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-af-way.
4. In order to carry out the provisions af 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 purpase of
making improvements and excavations thereon and thereunder as may be reasonably
necessary to construct, instaN, maintain, repair, replace, aperate or use water lines and
related facilities installed or lacated in the Easement.
5. Grantee shall save and hold Grantar harmless from any and all liability for personal
injury or property damage resulting frorn, or in any way eonnected with, any use or
activity undertaken or permitted by the Grantee, or any of its agents, employees,
contractors ar assigns.
6. Upon completion of its installation of water lines and related facilities within the Easement,
and any subsequen# construcfiion or maintenance activity canducted 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 af the Grantor.
7. This Agreement, and the easement herein granted shall be appurtenant ta, and run with
the title to the �eal praperty encumbered thereby, and shall obligate, and inure to the
benefit of, the parties hereto and their respective successors and assigns.
8. The prevailing party ir� any claims c�r disputes arising aut of this Agreement shalf be eniitled to
recover reasor►al�le attc�rney's fees in addition to other relief uvhich a court of competent
jurisdiction may award.
!N WlTNESS WHEREOF, the parties hereto have caused this Easement A�reement to be
executed an the day and year first abave written.
"GRANT�R"
OFC EAGLEDAL.E, LLC
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By, �-�-�"�`."`�._�
N�rc'�k Carlson, Vice President
"GRANTEE"
CITY (JF EAGLE
By : � yeoovrr�.o*s�a
Brad Pike, Mayar �$m�"��(�`�� ��� ,� e$��As�
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Tracy E. Osborn, City Clerk
Instrument # 2025-068388
10/17/2025 10:49:03 AM Page 3 of 5
STATE OF
County of ��- • ���h �
On this '�-��% day of `��� . 20 ��`s; before me, �'i�.� �aa��r�'a
Notary Public for said County and State, personaliy appeared Nick Carison, 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
"GRANT(JR's" name.
IN WITNESS WHERE�F, i have hereunto set my hand and affixed my official seal the day and
year in this certificate first above written.
��:�.��::�� � �����:�� �.
Plotary Public Staie of F6oritla
� Aler.an�9Nr Gamharyer
. ai � �� My Cammic:sion NM 6068G7
�xpir,:s 10/27/2U2H
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STATE OF IDAHO
Cuunty of Ada
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IVOTARY PUB�IC FOR .�r� �-r°.r�.w
Residingatl�d� ��� �',tt.. . �OY. g�o c..,,llr� ,�a.-
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My commission expires lC��2-?��3 '�`'�
On this ��''� day of�t�'�'Ub�Q,,1� . 20`� befare me, ��1� 1,���1� , a
Notary Public in and for said Caunty and State, personally appeared �Y'i�rci �� k.� .�
, known or identified to me to be the �4�.:� v Y'� , 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 5et my hand and affixed my official seal the day and
year in this certificate first above written.
ti�ti�q I 1�"`,"� Y
,������ay Q�•.,�� NOTAR PUBLIC FOR IDAHO
.•• .•�""••,..�',�..•,. Residing at ��iQ �(.U.U�%
:� s�r10TARY i��: My commission expires Z'� - 7.b30
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Instrument # 2025-068388
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June 30, 2025
Project Pto. 24-034
Everton Subdsvision No. 2
City of Eagie Water Easement
Legai Descriptian
Exhibit A
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Parcels of iand for a sewer easement in favor of Eagie Sewer District and being situated in a partion of the
Northwest 1/4 ofthe Southeast 1f4 of Section 10, Tawnship 4 IVorth, Range 1 West, Boise Meridian, City of
Eagle, Ada County, Idaho and being more particularly described as fo(lows:
Commencing at the Center 1/4 carner af said Section 10, which bears N00°36'S0°E a distance of 2,645.85 feet
fram the 5auth 1/4 corner of said Sectian 10, thence fallowing the wester(y line af said Narthwesk 1/4 of the
Southeast 2J4, S00'36'S0"W a distance of 1,186.74 feet;
Thence leaving said westerfy line, S89°19'12°E a distance af 205.50 feet to POItVT OF BEGIldP41NG 1.
Thence N00'36'S0"E a distance of 52.00 feet;
Thence 589°23'10"E a distance of 37.Q0 feet;
Thence 500°36'S0"W a distance of 52.00 feet to a point hereinafter referred ta as Paint "A";
Thence N89°23'10"W a distance of 37.00 feet to PO1tVT �'JF BEGII��IING 1.
Said parcel cantains 1,924 square feet, more or iess.
Tt3C,ETNER WfTH:
Cammencing at the point previously referred to as Point "A", thence N43°45'S8"E a distance af 473.26 feet
to PC?I�dT OF BEGliVN1iVG 2.
Thence NQO"36'S0"E a distance of 37.00 feet;
Thence 589°23'10"'E a distance of 115.00 feet;
Thence SQO°36'S0"W a distance of 37.00 feet;
Thence IV89°23'20"W a distance of 115.00 feet ta POIftIT �F BEGIN�ING 2.
Said parcel cantains 4,255 square feet, more or fess.
5aid description contains a total of 6,179 square feet, more ar less, and is subjeet to all existing easements
andJor rights-of-way of record ar implied.
Attached hereto is Exhibit B and by this reference is rnade a part hereof.
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Instrument # 2025-068388
10/17/2025 10:49:03 AM Page 5 of 5
�POIN7 QF COMMENCEMENT
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(� PQINT OF pFC Eagledale, LLC I
� BEGWNING 1 50410427$20 ( L2 S89'23'1Q"E 37.00' �
SQUTH 1/4 CORNER i L3 Sp0'36'S0"W 52.04' �
�'�SECTION 10 I L4 N89'23'10"W 37.Q6' I
15 W State St. ��5 h(QO'36'Sfl"E 37.00' �
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... � L6 S89' 23' i 0"E 115.00' 1
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, L8 N89'23' i Q"W 13 5.Q0' �
ENGINEERING'
5725 NOR7H DISCOVERY WAY _.. _ �..,.. �.,.. _...._ �._�.. ..,._.. �,._. ,�.�...._........
BOISE, IOAHO83713
- PHONE(248)639•6939 Exhibit B- City of Eagle Water Easement
pATE: kmenglipcom, ; EV�j"�(�n Ju�d�V��tan R+�� 2
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une 2025 �
SHEE . . Za-oac
PRo�E�� .......... ........ A portion of the NW 1/4 of the SE 1/4 of Section 20,
1 OF 1 T4N., R1W., B.M., City of Eagle, Ada Caunty, Idaho