Easement - Maddyn Homes LLC - 2026 - Hollyhock Estates Subdivision - Hollyhock Estates Subdivision - Water EasementAda County Recorder Trent Tripple 2026-053812
Boise, Idaho Pgs= 5 cfowler 07/21/2026 04:00:10 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 i q
day of 14 , 2026, by and between Maddyn Homes 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 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").
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 portions of the Easement hereafter come to be located within, or become a part
(Reserved for Ada County Recorder)
EASEMENT AGREEMENT
THIS EASEMENT AGREEMENT ("Agreement") is made and entered into this i q
day of "N I � , 2026, by and between Maddyn Homes LLC, referred to as
"Grantor", and the TY 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"
MADDYN HOMES LLC
"GRANTEE"
CITY OF EAGLE
By; By
K nz er, Ma ing Member
Brad Pike, Mayor •..••""'••�•.,�
OF
TES
oOtiATT'VORT�r %
RA4oeByy , E. Osborn, City Clei'l,, OF 1 P •'�•
STATE OF IDAHO
County of Ada
On this '51, day of May, 2026, before me, Brian Lewis, a Notary Public for said
County and State, personally appeared Kyle Enzler, known or identified to me to be the Managing
Member 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.
BRIAN D LEWIS
COMMISSION #20230963
NOTARY PUBLIC
STATE OF IDAHO
MY COMMISSION EXPIRES 03/10/2029
STATE OF IDAHO
County of Ada
NOTARY PUBLIC FOR IDWHO
Residing at
My commission expires
On this l�}� day of 2026, before me, �A I� tv� , a
Notary Public in and for said County and State, personally appeared 0 f�
known or identified to me to be the Q(XtAw mi C��u � W , the body
politic that executed the foregoing instrument, ann _acknowledge 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 above written.
77
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NOTA6 PUBLIC FOR IDAHO
Residing atAoka
My commission expires Z' T- ZD31)
Exhibit A
A Description for
Water Easement
Hollyhock Estates Subdivision
May 1, 2026
A portion of the Northwest 1/4 of the Southeast 1/4 of Section 2, Township 4
North, flange 1 West, Boise Meridian. City of Eagle, Ada County Idaho, being more
particularly described as follows:
Commencing at the Center -South 1/16 comer of said Section 2, from which the
Center 1l4 of said Section 2 bears North 01"00'52" East, 1328.02 feel; thence on the
north -south centerline of said Section 2, North 01'00'52" East, 19.80 feet to the
Northwest comer of Lanewood Subdivision No 3 as filed in Book 114 of Plats at Pages
16992 through 16998, records of Ada county, Idaho, thence on the northerly boundary
line of said Lanewood Subdivision No 3, South 89040'56" East, 16.52 feet to the east
right-of-way line of N. Lanewood Road; thence leaving said northerly boundary line on
said east right-of-way line, North 01'00'525East, 163.46 feet to the POINT OF
BEGINNING;
thence continuing, North 01 `'03'52" East: 38.39 feet;
thence leaving said east right-of-way line, North 66'45'04 East, 280.81 feet;
thence 51.89 feet on the arc of a non -tangent curve to the left having a radius
of 59.50 feet, a central angle of 49"57'54", and a long chord which bears South
80'41'49" East, 50.26 feel;
thence South 03"00'00" West, 8 87 feet;
thence South 66'45'04- West, 335.03 feet to the POINT OF BEGINNING.
Containing 10.810 square feet or 0 248 ac-es, more or less.
End of Description.
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