Easement - DFC Eagledale, LLC - 2026 - Everton Subdivision No. 4 - Water EasementAda County Recorder Trent Tripple 2026-039017
Boise, Idaho Pgs= 7 boberbillig 05/29/2026 02:33:43 PM
CITY OF EAGLE $28.00
Electronically Recorded
(Reserved for Ada County Recorder)
EASEMENT AGREEMENT
THIS EASEMENT AGREEMENT ("Agreement") is made and entered into this Ily
day of N, 20)Q, by and between DFC Eagledale, LLC, referred to as
"Grantor", and the CIry 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 ('Basement").
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 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.
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.
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:
Ni Carlson, Vice President
OF EqC'•..
_� •: Gp�YOR�Tts'
SEAL IF
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OF
.•••.�TE •
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"GRANTEE"
CITY OF EAGLE
By:
Brad Pi ce, Mayor
ATTEST
Y.
Tracy Vo`sAoin"City Clerk
STATE OF FLORIDA )
County of St. Johns )
On this 0{%' day of 4P- - l , 20L, before me, LOy, F Su+401 , 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 Publio Stata of Florida
Wyatt si Sutton
N11 My Commission FIN 454936
Expires 10117/2027
STATE OF IDAHO
County of Ada
N01WPUBLIC FOR Florida
Residing at000 taA e*-,j Vl, C; fmh Ve�,,13,44,AI, 3200Z
My commission expires lol, 7 / a
On this %D day of 20�Q, before me,'O(Y CS4hCs1�5 a
Notary Public in and for said County and St te, personally appeared ?0i,, Ri k
known or identified to me to be the 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 set my hand and affixed my official seal the day and
year in this certificate first abaveev44n .
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ENGINEERING
April 2, 2026
Everton Subdivision No.4
Project No. 24-214
City of Eagle Water Easement
Legal Description
Exhibit A
A parcel of land for a water easement in favor of City of Eagle Water and being situated in a portion of the
Southwest 1/4 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 brass cap marking the South 1/4 corner of said Section 10, which bears S00°36'50"W
a distance of 2,645.85 feet from a found aluminum cap marking the Center 1/4 corner of said Section 10;
Thence following the westerly line of said Southwest 1/4 of the Southeast 1/4, N00°36'50"E a distance of
265.07 feet;
Thence leaving said westerly line, S89°23'10"E a distance of 573.01 feet to POINT OF BEGINNING 1.
Thence 1.99 feet along the arc of a curve to the left, said curve having a radius of 28.00 feet, a delta angle of
04°04'47", a chord bearing of S87°20'46"E, and a chord distance of 1.99 feet;
Thence S89'23'10"E a distance of 18.32 feet;
Thence S00°36'50"W a distance of 40.00 feet;
Thence N89°23'10"W a distance of 20.31 feet;
Thence N00°36'50"E a distance of 40.07 feet to POINT OF BEGINNING 1.
Said parcel contains 812 square feet, more or less.
TOGETHER WITH
Commencing at POINT OF BEGINNING 1;
Thence NO2'59'45"E a distance of 386.45 feet to POINT OF BEGINNING 2.
Thence N30'46'29"E a distance of 40.00 feet;
Thence 559°13'31"E a distance of 15.00 feet;
Thence S30`46'29"W a distance of 40.00 feet;
Thence N59°13'31"W a distance of 15.00 feet to POINT OF BEGINNING 2.
Said parcel contains 600 square feet, more or less. 0 T
g �Said descriptions contain a total of 1,412 square feet, more or less, and is subject to 4
all existing easements and/or rights -of -way of record or implied. a w 12459 0 W
Attached hereto is Exhibit B and by this reference is made a part hereof. 0V l�
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5725 North Discovery Way • Boise, Idaho 83713 • 208.639.6939 o kmengllp.com
FOUND ALUMINUM CAP
CENTER 1/4 CORNER SECTION 10
N30'46'29"E----�, S59'13'31"E
W. Amazon Dr. 40.00'� O 15.00'
/-",S30'46'29"W
40.00'
POINT OF N59' 13'31 "W
_ BEGINNING 2 I 15.00'
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DFC Eagledale LLC
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SO410438610
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POINT OF
BEGINNING 1
C1 S89'23'10"E
S89'23' 10"E 18.32'
O
573.01' (TIE) [�_SOO'36'50"W
_ W. Star Crossing St. o 40.00'
40.07'
o tN,89*23'1 O"W
20.31'
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15 '�' "'NT OF COMMENCEMENT
FOUND BRASS CAP
SOUTH 1/4 CORNER SECTION 10
[on
E N G I N E E R I N G
5725 NORTH DISCOVERY WAY
BOISE, IDAHO83713
PHONE (208, 639-6939
kmengllp.com
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0 100 200 300
Plan Scale: 1" =100'
CURVE TABLE
CURVE
RADIUS
LENGTH
DELTA
CHORD BRG
CHORD
C1
28.DO'
1.99'
4'04'47"
S87'20'46"E
1.99'
Exhibit B - City of Eagle Water Easement
Everton Subdivision No. 4
DATE: March 2026
PROJECT: 24-213 A portion of the SW 1/4 of the SE 1/4 of Section 10,
SHEET:
1 OF 1 T4N., R1W., B.M., City of Eagle, Ada County, Idaho
Title: IDate: 03-26-2026
Scale: 1 inch = 10 feet File: Deed Plotter.des
Tract 1: 0.019 Acres: 812 Sq Feet: Closure = n56.5958e 0.00 Feet: Precision=1/79691: Perimeter = 121 Feet
001t R=28.00, Delta�4.0447 003=s00.3650w 40.00 005�00.3650e 40.07
&19487.2046e, Chd=1.99
002=s89.2310e 18.32 004=n89.2310w 20.31
Title:
Scale: 1 inch = 10 feet I File: Deed Plotter.des
Tract 1: 0.014 Acres: 600 Sq Feet: Closure = n00.0000e 0.00 Feet: Precision > 1 /999999: Perimeter = 110 Feet
001=n30.4629e 40.00
002=s59.133le 15.00
003=s30.4629w 40.00
004=n59.1331w 15.00
Date: 03-26-2026