Easement - DFC Eagledale, LLC - 2026 - Everton Subdivision No. 3 - Water EasmentAda County Recorder Trent Tripple 2026-035011
Boise, Idaho Pgs= 8 vbailey 05/15t2026 03:07:30 PM
CITY OF EAGLE $0.00
Electronically Recorded
(Reserved for Ada County Recorder)
EASEMENT AGREEMENT
THIS EASEMENT AGREEMENT ("Agreement") is made and entered into this 17-
day of V1!!!!J , 20TIC , by and between DFC Eagledale, LLC, referred to as
"Grantor", and the CiTY OF EAGLE. 660 E. Civic Lane, Eagle, Idaho, 83616, hereinafter referred
to as "Grantee". v
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 casement 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 it; 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
casement.
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:
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").
The Easement shall be pennanent and perpetual, unless Grantee agrees in writin- 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 etTect for so long as said right-of-way remains a dedicated 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 nm 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.
The prevailing party in any claims or disputes arising out of this Agreement shall be entitled
to recover reasonable attorney's fees in addition to other relief which a court of competent
jurisdiction may award.
IN WITNESS WHEREOF, the parties hereto have caused this Easement Agreement to be
executed on the day and year first above written.
"GRANTOR"
DFC Eagledale, LLC
By:
N k Carlson, Vice President
"GRANTEE"
CITY OF EAGLE
By:
Brad Pike, Mayor
ATTEST OF Eq �'°•,•
Coo 0-
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By:C%.:.
T cy E. Osborn, City %ler •�qp �• •
�. ORAS � �O .•
STATE OF FLORIDA )
County of St. Johns )
On this �l day of MCWC4t , 20�gg before me, 45ca ikkt*- 9.'n16e** a
Notary Public for said County and State, personally appeared Nick Carlson, known or identified to
me to be the Vice President of DFC Eagledale, 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 official seal the day and
year in this certificate first above written.
Notary Public State of Florida
Alexander Samberger
���� My Commission HH 606807
Expires 10/27/2028
STATE OF IDAHO
County of Ada
NOTARY PUBLIC FOR Florida
Residing at PByIIG VtdrX /3e4
My commission expires ID%27/ ,
On this day of 1� 201V1 before me, A A11A. I I
I UUik. a
Notary Public in and for said County and State, personally appeared &at V*el
known or identified to me to be the it ilA ccr4 ew the body
politic that executed the foregoing instrument, an cknowledg d to me thA 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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NOTARY P BLIC FOR IDAHO
Residing at'41&
My commission expires
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March 23, 2026
Everton Subdivision No. 3
Project No. 24-213
City of Eagle Water Easement
Legal Description
Exhibit A
Parcels of land for a water easement in favor of the City of Eagle Water and being situated in a portion of the
West 1/2 of the Southeast 1/4 of Section 10, Township 4 North, Range 1 West, Boise Meridian, City of Eagle,
Ada County, Idaho and being more particularly described as follows:
Commencing at a found aluminum cap marking the Center 1/4 corner of said Section 10, which bears
N00°36'50"E a distance of 2,645.85 feet from a found brass cap marking the South 1/4 corner of said Section
10;
Thence following the westerly line of said West 1/2 of the Southeast 1/4, S00'36'50"W a distance of 941.72
feet;
Thence leaving said westerly line, S89°23'10"E a distance of 802.18 feet to POINT OF BEGINNING 1.
Thence N00'36'50"E a distance of 37.00 feet;
Thence S89°23'10"E a distance of 14.59 feet;
Thence S00°36'50"W a distance of 37.00 feet to a point hereinafter referred to as Point "A";
Thence N89"23'10"W a distance of 14.59 feet to POINT OF BEGINNING 1.
Said parcel contains 540 square feet, more or less.
TOGETHER WITH
Commencing at the point previously referred to as Point "A", thence following the subdivision boundary of
proposed Everton Subdivision No. 3, S89°23'10"E a distance of 147.73 feet;
Thence following said subdivision boundary, S00°36'5WW a distance of 834.29 feet;
Thence following said subdivision boundary,185.16 feet along the arc of a curve to the right, said curve having
a radius of 520.50, a delta angle of 20"22'55", a chord bearing of N76°26'52"W and a chord distance of 184.18
feet to POINT OF BEGINNING 2.
Thence leaving said subdivision boundary, 523°44'36"W a distance of 37.00 feet;
Thence 15.45 feet along the arc of a curve to the right, said curve having a radius of 557.50 feet, a delta angle
of 01"35'17", a chord bearing of N65°27'46"W, and a chord distance of 15.45 feet;
Thence N25'19'53"E a distance of 37.00 feet;
Thence 14.43 feet along the arc of a curve to the left, said curve having a radius of 520.50 feet, a delta angle of
01'35'17", a chord bearing of S65°27'46"E, and a chord distance of 14.43 feet to POINT OF BEGINNING 2.
Said parcel contains 553 square feet, more or less.
5725 worth Discovery Way • Boise, Idaho 83713 . 208.639.6939 • kmenglip.com
Said descriptions contain a total of 1,093 square feet, more or less, and is subject to all existing easements
and/or rights -of -way of record or implied.
Attached hereto is Exhibit B and by this reference is made a part hereof.
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PAGE 12
Exhibit B
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POINT OF COMMENCEMENT
FOUND ALUMINUM CAP
CENTER 1/4 CORNER SECTION 10
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SOUTH 1/4 CORNER SECTION 10
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E N G I N E E R I N G
5725 NORTH 015COVERY WAY
BOISE' IDAHO 8371-3
PHONE (209) 639-6939
kmengllp.com
DATE: March ZC26
PROJECT: 24-213
SHEET:
1 OF 1
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0 150 300 450
Plan Scale: 1" = 150'
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S89'23' 10"E
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POINT OF Z
10 POINT "A"
BEGINNING 1
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N89'23' 1 O"W
14.59'DETAIL
Scale: 1"=30'
POINT OF
C3 BEGINNING 2
05 oo
Unplatted
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02 DETAIL
Scale: 1"=30'
CURVE TABLE
CURVE
RADIUS
LENGTH
DELTA
CHORD BRG
CHORD
C1
520.50'
185.16'
20'22'55"
N76'26'52"W
184.18'
C2
557.50'
15.45'
1'35'17"
N65'27'46"W
15.45'
C3
520.50'
14.43'
1 1-35'17"
S65'27'46"E
14.43'
Exhibit B - City of Eagle Water Easement
Everton Subdivision No. 3
A portion of the W 1/2 of the SE 1/4 of Section 10,
T4N., R1W., B.M., City of Eagle, Ada County, Idaho
Title:
Scale: 1 inch = 10 feet I File: Deed Plotter.des
Tract 1: 0.012 Acres: 540 Sq Feet: Closure = n00.0000e 0.00 Feet: Precision >1/999999: Perimeter = 103 Feet
001=n00.3650e 37.00 003=s00.3650w 37.00
002=s89.2310e 14.59 004=n89.2310w 14.59
Date: 03-23-2026
Title: I Date: 03-23-2026 1
I Scale: 1 inch =10 feet I File: Deed Plotter.des I
Tract 1: 0.013 Acres: 553 Sq Feet: Closure = n00.0000e 0.00 Feet: Precision > 1/999999: Perimeter = 104 Feet
00' LL R=520.50 Delteil1.3517
Bag=s65.274 C1�d�I4.43
002=s23.4436w 37.00
003: Rt R-557.50 L?eIr"I.3517
Bng-,W.2746w, (' &15.45
004=n25.1953e 37.00