Easement - JRL Properties LP - 2019 - Brookway Subdivision - Water Easement - Brookway Sub No. 2ADA COUNTY RECORDER Phil McGrane
BOISE IDAHO Pgs=5 CHE FOWLER
EAGLE CITY
2019-089962
09/20/2019 04:12 PM
NO FEE
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EASEMENT AGREEMENT
Ar
THIS EASEMENT AGREEMENT is made and entered into this 1 day of . ,
2014 by and between JRL PROPERTIES LP, 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. 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").
2. 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
EASEMENT AGREEMENT - 1
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.
3. While in effect, said Easement shall specifically include, without limitation, the right of
the Grantee, its agents, employees, contractors, and assigns, to traverse said Easement
with vehicles and equipment, and to make such 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.
4. 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.
5. 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.
6. 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.
IN WITNESS WHEREOF, the parties hereto have caused this Easement Agreement to be
executed on the day and year first above written.
"GRANTOR"
John Laude
By:
"GRANTEE"
CITY OF EAGLE
By:
Lau e, Owner Stan Ridgeway, Mayo
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EASEMENT AGREEMENT - 2
ATTEST
By:
Sharon K. Bergmann, City Clerk
STATE OF IDAHO
ss.
County of Ada
On this It day of Sc.4+ , 2019, before me, a Notary Public for said County
and State, personally appeared John Laude, known or identified to me to be the Owner
and the person who subscribed said name to the foregoing instrument, and acknowledged
to me that he executed the same in said limited liability company's name.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day
and yea;`{ � i ,ijificate first above written.
‘��M'
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(JA-
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kgES
�O• NOTARY PUBLIC FOR IDAHO
°' ��-: Residing at a 0' Se- �'cialn o
0...4:44r� OF �• � M mmission ex fres o z
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fiiill
STATE OF IDAHO )
)ss.
County of Ada )
On this 1i day o 20 before me, a Notary Public, in and for said County
and State, personally appeared Stan Ridgeway, known or identified to me to be the Mayor of the
CITY OF EAGLE, 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 above written.
TRACY E. OSBORN
COMMISSION #27120
NOTARY PUBLIC
STATE OF IDAHO
MY COMMISSION EXPIRES
EASEMENT AGREEMENT - 3
NOTARY
Residing
My commission expires:
J'UB ENGINEERS, INC.
EXHIBIT A
1-U-6 COMPANIES
Brookway Subdivision No. 2
City of Eagle Water Easement
Boundary Description
Project Number 10-18-087 July 31, 2019
THE
LAMM:ION
GROUP
GATEWAY
MAPPING
INC.
An easement situated in the southeast quarter of the northwest quarter of Section 2, Township 4 North,
Range 1 West, Boise Meridian, Ada County, Idaho, and being more particularly described as follows:
Commencing at the northwest corner of Section 2, Township 4 North, Range 1 West, Boise Meridian;
Thence South 89°13'56" East, 2643.44 feet along the north line of the northwest quarter to the
northeast corner of the northwest quarter (north quarter -section corner);
Thence South 00°56'08" West, 1744.52 feet along the east line of the northwest quarter;
Thence North 89°16'02" West, 797.92 feet along the northerly boundary of Brookway Subdivision No. 2
to the POINT OF BEGINNING:
Thence continuing North 89°16'02" West, 30.00 feet;
Thence North 00°44'00" East, 22.00 feet;
Thence South 89°16'02" East, 30.00 feet;
Thence South 00'43'58" West, 22.00 feet to the POINT OF BEGINNING.
The above-described parcel contains 0.02 (650 sq. ft.) acres, more or less.
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a 250 S. Beechwood Avenue, Suite 201, Boise, ;D 83709 p 208-376-7330 f 208-323-9336 w www.jub.com
EXHIBIT B
+sem. ..■.. ,�.r..
S891 3'56"E 1321.72°
Section Corner
CP&F 108112901
S8913'56'E 2643.44'
W. Beacon Light Rd.
„up_
S8913'56"E
NAV Corner
Gov't Lot 3
Future Phase
Brookway
Subdivision
Offsite Eagle Water
Easement (0.02 Ac.)
Point of
Beginning
S89' 7 6'02"E
Brookway
Subdivision
No. 2
1321.72-
Line Table
Line # � Direction Length
L14 NS9'16'02"W 30.00'
L15 ! N004400E 22.00'
L16 S8916'02"E 30.00'
L24 S004358"W 22.00'
1/4 Corner
CP&F 8401560
.
35
C -N 1/16
Corner
I -00 -
o
I°°1441).
cin
743
N
r)
N00'56'08"E
O
0
q)
0
0 40 80
SCALE IN FEET
REUSE Of DlAW)NOS
Nis DOCUMENT, AND THE IDEAS ANC OESIGNS/INCOIMRATWD ER .
AS AN INSTRUMENT OF PROFESSIONAL SEROCEIS TRE PROPERTY OF
J4/41 EN I EENS, Inc MO IS 140r TO EIE USED IN %AMtrE OR PART,
=OR ANY OTHER PROJECT VIOTWata THE 'EXPRESS BITTEN
AUTHORZATIO4 OF J -U-13 ENGINEERS„ Inc.
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MID 11111111111111111111. 111110111111111.1111111111111111
SIM 111111111111111111111S
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J -I -B ENGINEERS, INC.
City of Eagle Water Easement
Brookwa Subdivision No. 2
A Portion of the SE 1l4 of the NW 1/4 of
Section 2, T.4 N., R.1 W., B.M., City of Eagie, Ada County, Idaho
SHEET
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