Easement - Lots 6 & 7 Aquila Village Subd - 4/28/2004
ADA COUNTY RECORDER J. DAVID NAVARRO
BOISE IDAHO 04/28/04 04:02 PM
DEPUTY Bonnie Oberbillig
RECORDED-REQUEST OF
CUy 01 Eagle
AMOUNT .00
WARRANTY DEED
9
1111111111111111111111111111111111111
11341351174
FOR VALUE RECEIVED AND ACKNOWLEDGED BY THE PARTIES, Wells
Fargo Brokerage Services, LLC, a Delaware limited liability company whose current address
is: 608 Second Avenue South, 9th Floor, Minneapolis, MN 55479, the Grantor, does hereby
grant, bargain, sell and convey unto the City of Eagle, Idaho, a municipal corporation of the
State of Idaho, Grantee, the following described premises, in Ada County, Idaho, TO WIT:
EXHIBIT A
PARCEL I
Lots 6 & 7 in Block 1 of Aquila Village Subdivision according to the official plat
thereof, filed in Book 82 of Plats at Page(s) 8908 and 8909, Records of Ada County, Idaho.
PARCEL II
A non-exclusive easement for ingress and egress by vehicular and pedestrian traffic as
created by, and set forth on Exhibit A of Special Declaration dated April 24, 2001 and
recorded April 26, 2001 as instrument No. 101038961, and as disclosed on plat of AQUILA
VILLAGE SUBDIVISION, Ada County, Idaho filed in Book 82 of Plats at Page(s) 8908 and
8909, Records of Ada County, Idaho.
TO HAVE AND TO HOLD the said premises, with their appurtenances unto the said
Grantee, heirs and assigns forever. And the said Grantor does hereby covenant to and with the
said Grantee(s), that (s)he islare the owner(s) in fee simple of said premises; that they are free
from all encumbrances Except: Current Year Taxes, conditions, covenants, restrictions,
reservations, easements, rights and rights of way, apparent or of record.
And that (s)he will warrant and defend the same from all claims whatsoever.
Dated: April 27, 2004
Wells Fargo Brokerage Services, LLC,
a Delaware limited liability company
Quitclaim Deed - Page 1
By:
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William Way - . ~
Vice-President
STATE OF IDAHO
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COUNTY OF ADA
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On this J:1!!:day of April, 2004, before the undersigned notary public in and for the
said state, personally appeared WILLIAM WAY, as ì/fr;£- ÞtÞ,5darfor Wells Fargo Brokerage
Services, LLC, known or identified to me to be the person who executed the foregoing
instrument and acknowledged to me that she executed the same.
IN WITNESS WHEREOF, I have hereunto set my hand and seal the day and year first
above written.
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Notary Publi for Idaho
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My Commï"ssion Expirés: ~'7¡ .:¿p¿?,b
Quitclaim Deed - Page 2
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ADA coum lICORDEft~. DAVID NAVARRO
10181 IDAHO 121Ø51D1 01:27 PM
DE",", JImI.P88O11.
Exchange of Easements ftECORDeD-REQUm OF
. .. Lots 6 and 7 I Block 1 ,Aquila SubdivisiO~.. .rol'- ~III'(,~"'I~L -. ---.- -
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PERPETUAL STORM WATER DRAINAGE EASEMENT
This Perpetual Storm Water Drainage Easement (aEasemenr) is made as of the
-i... day of DECEMBER . 2002. by and between City of Eagle, (hereinafter
"Grantor") and Ada County Highway District, a body politic and corporate of the State of
Idaho (hereinafter -ACHO");
'-'. - WIT N E SSE T H:
For good and sufficient consideration it is agreed:
Section 1. R~tals.
1.1 Grantor owns a parcel of real property located in Ada County I Idaho. a
portion of which is more particularly described and depicted on Exhibit I£A" attached hereto
(the ~Servient Estate").
1.2 Grantor is developing a lot known as lots 6 and 7 block 1, Aquila Subdivision
and in order to develop such. lot it is necessary for the grantor to relocate the current
drainage easement to a new location as described in Exhibit. A- and in exchange ACHD
is releasing its interest in the area described in Exhibit liB-.
1.3. After construction and installation of the Stann Water Drainage System it will
become a part of ACHO's highway system, and to formalize such transfer ACHD desires
to obtain this Easement from Grantor, and on the tenns and conditions hereinafter set
forth the Grantor is willing to grant such Easement to ACHD.
Section 2. Grant of Easement.
2.1 For the period and on the terms and conditions hereinafter set forth, for the
benefit of the Dominant Estate, Grantor hereby grants to ACHD an easement on and
under the Servient Estate for the Storm Water Drainage System and for the passage and
retention of storm water from the Dominant Estate to, into. on, under, over and across the
Servient Estate in the Storm Water Drainage System, and for the repair and maintenance,
reconstruction and enhancement of the ssme (hereafter I( Authorized Use8).
2.2 The easement herein granted is exclusive to ACHe, and no structures,
fences or other improvements are to be constructed, or landscaping planted. or use
authorized on the Servient Estate by Gl1il1tor or Grantor's successors or assigns to the
underlying title thereto without the prior written eonsent of ACHD. Such consent will not
Storm Water Drainage Easement, page 1
(4126102)
MDrÙ1Ig8 E8s8ment needs rMled,doç
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be given if, in its sole discretion. ACHD determines the proposed improvement and/or
, ...landscaping andlor, use, may interfere with ACHC's Authorized Use of the. Ser:vient Estate.
, ,
,:~WRen,such consent is~i~n;:(i) Grantor.t:1as-tÞe.sóle,responsibility,.to.maintain;and:repair
, ','šÜch Improvements,lncluding irrigation Of landscaping, and (ii) if any structures. fences,
landscaping orother improvements constructed'or'planted on the Servìent Estate must be
removed in order for ACHD to peñorm its obligations to repair and maintain the Stann
Water Drainage System, the costs of removal and replacement or restoration of the same
shall be the sale obligation of Grantor, and em) ìn any use of the Storm Water Drainage
System by Grantorl Grantor shall not allow the presence, use, generation, release,
discharge, storage or disposal in, on or under the Servient Estate of any hamrdous
materials (defined as any substance or material defined or designated as hazardous or
toxic waste, material or substance, or other similar term, by any federal, state or local
environmental statute, regulation or occurrence presently in effect or that may be
promulgated in the future).
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Section 3. ConstrudlQr1; Acœotance: ßepair anct.Maintenance: Grantor Indemnification:
Contractor Warranties.
3.1 At Grantor's sole cost and expense, Grantor shall construct and install the
Stonn Water Drainage System on the Servient Estate in accordance with designs, plans
and specifications approved by ACHD in advance and in writing, and in compliance with
all applicable statutes, ACHe policies and standard5, and good engineering practices.
During construction Grantor shall give ACHC reasonable notice and opportunity to inspect
the same.
3.2 When, by written notice gìven Grantor, ACHD accepts the Stonn Water
Drainage System as constructed and installed by Grantor on the Servient Estate, ACHD
shall maintain and repair the. same thereafter, at itS sole cost and expense.
3.3 Grantor shall enforce for the benefit of ACHD any warranties contained in
the contract for the construetion and installation of the Stonn Water Drainage System.
3.4 tn addition to the easement desaibed in Exhibit A grantor grants to Grantee
an additional 5 foot on each side of described Stann Water Easement for the purpose of
access for maintenance by Grantee and or its assigns.
Section 4.
Indemnification.
4.1 Grantor shall indemnify and save and hold j1armless ACHe, its
Commissioners and employees, from and against all claims, actions, judgments and
expenses (including, without limitation, reasonable attorneys' fees incurred by ACHe in
defense thereof) for damages, injury or death caused by or arising out of the construction
and installation of the Storm Water Drainage System. In addition, if ACHD consents to
improvements and/or landscaping and/or Grantor use proposed by Grantor under Section
2.2. Grantor shall indemnify and save and hold harmless ACHD, its Commissioners and
employees, from and against all claims, actions or judgments for damages, injury or death,
caused by or arising out of Grantor's U5e of the same, the constNction, in~ta"ation,
Storm Water Drainage Easement, page 2
(4126102)
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maintenance and repair of such Improvements and/or landscaping, and to comply with
applicable envIronmental laws and ,regulations, Its use, of the same, and/or Grantor's
:::..~. ..... . ,. failure-1o-C:OrÅJ~~Y'~~ 8pplicable.~Ry'i!'O.nmental'la~,.~d ~SJ';.IlatiØAS~---" . .. .
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'4.2 Grantor shall indemnify and hold harmless the Servient Estate-' from " 'and
against any and all claims for liens or liens arising out of the construction and installation
of the Storm Water Drainage System on the S9Nient Estate. .
4.3 Following its acceptance of the Storm Wsier Drainage System as
constructed and installed by Grantor, subject to the provisions of, and limits of liability set
forth in, Idaho Tort Claims Act, ACHD shall Indemnify and hold harmless Grantor frOm and
against all claIms, actions or judgments for damages, injury or death caused by or arising
out of its use of the same, or its failure or neglect to maintain and repair the Storm Water
Drainage System.
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Sadion 5.
Term. The term of this Easement is perpetual.
Sec!lon 6. Covenants Run with the Land. Throughout the term of this Easement, it
shall be a burden upon the Servient Estate and shall be appurtenant to and for the benefit
of the Dominant Estate, and shall run with the land.
Section 7. AttorneYS Fees and Cosbi. In any suit, action or appeal therefrom to enforce
or interpret this Easement, the prevailing party shall be entitled to recover its costs
'incurred therein, including reasonable attomeys' fees.
Section 8. Exhibits. All exhibits attached hereto and the recitals contained herein are
incorporated as if set forth in full herein.
Section 9. SUCC8S$grs and AB.!Ì9ns. This Easement and the covenants and
agreements made herein shall inure to the benefit of, and be binding upon, ACHD and
Grantor, and Grantor's successors and assigns to the Servient Estate.
Section 10.. Notices. All notices given pursuant to this Easement shall be in writing and
shall be given by personal delivery, by United States Mall Certified, Retum Receipt
Requested, or other established express delivery service (such as Federal Express),
postage or delivery charge prepaid, addressed to the appropriate party at the address set
forth below.
Grantor: City of Eagle
ACHD:
Ada County HighwaY District
318 East 37th Street
Garden City, Idaho 83714-8499
Sadion 11.. Recordation. This Easement
Records of Ada County, Idaho.
Storm W8J.er Drainage Easement, page 3
(4126102)
A:\Dn1in1Q8 Easement neøcl518¥i8eØ-dOC
shall be recorded in the Real Property
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Grantor covenants to ACHD that. ACHD. shall en1OY the quiet and peaceful
. possession of ,the' $eMeRt,:Estate;, .and, (.b)-Grantor,warrants to the ACHD:that-G~ntof-~s-.._,:uo, .. - ,.
lawfully Seized and Ptissessed of the Servië"f 'Estate and has' the right ~nd authority to
grant this Easement to' ACHD: "
IN WITNESS WHEREOF, the undersigned have caused this Easement to be
executed the day and year first set forth above.
Grantor. City of Eagle
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ADA COUNTY HIGHWAY DISTRICT:
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STATE OF IDAHO)
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is -i ~u.- day
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personally appeared
to be the person(s) who executed this in
executed the same.
County of Ada
of ~ 2002, before me,
Notary Public in and for the State of Idaho,
. ('f~ known or identified to me
ment, and acknowledged to me that they
Notary Public for Idaho
Storm Water Drainage Easement, page 4
(4/26102 )
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STATE OF IDAHO)
) 58:
COUNlY OF ADA)
On this ~ day of -~ L u~~ .2002, before me,
t - . .' :a~otaiy Públicltràñ-a fonhe State-of l<rahot personally
appeared William. SchweiÞ.er, known or identified to me to be the Director of the Ada
County Highway District, the person who executed this instrument be behalf of said
Highway District, and acknOWledged to me that the Ada County Highway District
executed the same.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal
the day. month and year in this certificate first above written.
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Notary Public for ~ of Ida
Residing at . -' Idaho
My Commission expires: 4---S¡- ~ ðb3
storm Water Drainage Easement, page 5
(4126/02)
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E 32 N. Main ENI3I~~~~:o; ;~t"5ULTA~::tte. ID 83661
(208) 642.3304 . Fax' (208) 642.2159
LEGAL DESCRIPTION
for EASEMENT DEDICATION
EAGLE CITY BALL
HECD JOB NO.: EG121801
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An easement for the constrUction. installation and maintenance of storm drainage facilities
.over and.ac",ss Je1H-3Jld 7-, b1ock+of-ÃqUihrSU\1iiiVi1iöfi, recõtdëdãfInstÏument Nô. - -
101042'704, Office of the Ada County Recorder. in a part of the SW ~ of Section 9,
Township 4 North, Range 1 East, Boise Meridian, Ada County, City of Eagle, the
centerline of which being more particularly described as follows;
. -. '1
Commencing at the saurhwest comer of said lot 6, thence NOOCl02'30"E 15.95 feet along
the west ]jne of said Jot 6 to tbe north line of an ingress and egress drive (InStnmleDt
No.1 01038961, Office of the Ada County Recorder); thence along said north line
589°56'1O"E 85.50 feet to pon-.n OF BEGINNING of the centerline of said casement;
thence NOOCl51'56"W 15.14 feet, the sidelines ofsaid easement being 6.25 feet on
each side of this centerline course;
thence the following three courses with the sidelines of said easement being 5.00
feet on each side of the described centerline;
1) N38Q55'38"E 248.63 feet;
2) Nl0D24"OO"W 129.91 feet;
3) N77o¿s'54'OW 113.5 1 feet;
thence NOOO42'O3"W 4.28 feet, the sidelines of said easement be.Îng 10.00 feet on
each side of this œnterHne course! to the south line of an Ada County Drainage District
No.2 Easement and the POINT OF TERMINUS;
The sidelines of said easement being 5hortened or lengthened to meet the north line of the
aforementioned ingress and egress drive and the scut.J¡ Jine of aforeroentioned Ada County
Drainage District No.2 Easement.
Prepared by:
HOlLADAY ENGINEERING CaMP ANY
DeanJ.Coon.PLS,EIT
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EXHIBIT "An
WATER . W~TEWÂTEÞ . StlLlc WAST~ . PUBLIC u-rtLITIEB . S'I'ItUC'TUItES . P~NNINØ. !iJTUÞISS
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STORM DRAIN EASEMENT, DEDICATION
, : ---- . BLOCK 1,.1.Ò1'S ø. a 7 '.." ',M, ~ ~
_____--n- __þ.QUILAYILLAGES\!SÞMsroN::",'
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SC-'LE; 1 M;tt.SQ' FEU.. ,. , -".
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5 \ 1Ÿ: uNETABLE II
¡I ~/ LINE LENGTH BEARINGtiL'
Š' L3 15.14 NOcr51'S6"W
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CITY OF EAGLE
NEW CllY HALl
STORM DRAIN EASEMENT DEDICATION
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EG121801
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