HomeMy WebLinkAboutEagle1 LLC Donegan Well Lot Donation Agrement Mayor Robert E. Simison
City Council Members:
E Joe Borten, President
ID1AN1--1."%--'1 Liz Strader,Vice President
Doug Taylor
A 0 John Overton
Anne Little Roberts
Luke Cavener
TO: Mayor Robert E. Simison
Members of the City Council
FROM: Kyle Radek, Assistant City Engineer- Water
DATE: April 2, 2024
SUBJECT: DONATION AGREEMENT WITH EAGLET LLC FOR DONEGAN WELL
LOT
REQUESTED COUNCIL DATE: TBD
I. RECOMMENDED ACTION
A. Move to:
1. Approve the donation agreement with Eaglel LLC for Donegan Well Lot
2. Authorize the Mayor to sign the agreement
11. DEPARTMENT CONTACT PERSONS
Kyle Radek, Assistant City Engineer- Water 208-489-0343
Warren Stewart, City Engineer 208-489-0350
Laurelei McVey, Director of Public Works 208-985-1259
III. DESCRIPTION
A. Background
As the City water service area expands, additional wells and well sites are needed
to provide water service to future customers. Well sites can be acquired through
purchase, lease, or donation from land owners/developers.
City staff and developer representatives have worked cooperatively over the past
year to identify a parcel of land that appears to be suitable for locating a future city
water supply well and accompanying facilities and to draft an agreement to
facilitate the donation of that parcel to the city.
Page 1 of 2
IV. IMPACT
A. Strategic Impact:
This agreement enables us to meet our mission requirements to identify and
prioritize work to anticipate, plan, and provide public services and facilities that
support the needs of our growing community and ensure modern reliable facilities
while maintaining financial stewardship.
B. Service/Delivery Impact:
This agreement helps ensure our ability to meet future demands in a responsible
and timely manner.
C. Fiscal Impact:
There is no cost to the city through the temporary lease or gift deed described in
the agreement
VII. LIST OF ATTACHMENTS
• Donation Agreement
Approved for Council Agenda:
4L
Page 2 of 2
I
ADA COUNTY RECORDER Trent Tripple 2024-019825
BOISE IDAHO Pgs=13 ANGIE STEELE 04/17/2024 08:47 AM
CITY OF MERIDIAN, IDAHO NO FEE
DONATION AGREEMENT
Donegan Well Lot
THIS DONATION AGREEMENT (this "Agreement") is made and entered into this 16th day of April 2024
("Effective Date"), by and between EAGLET LLC, an Idaho limited liability company ("Donor") and CITY OF
MERIDIAN, an Idaho municipal corporation("City"). Donor or City may each individually be referred to as a"Party"or
collectively as the"Parties."
RECITALS
A. Donor owns the +/- 11.986-acre parcel of real property located at 2410 E. Columbia Road, Meridian, Idaho
83642 and commonly known as Ada County Parcel No. S1405438700(the"Parent Parcel"); and,
B. Donor intends to seek annexation of the Parent Parcel into the City of Meridian to allow for the development
thereof as a residential subdivision; and,
C. City operates a public municipal water supply system and desires to acquire a portion of the Parent Parcel to
install a water production well,water treatment facility (if needed, as determined by the City), booster station
(if needed, as determined by the City), and related facilities(the "Well System") to expand the service area
of the public municipal water supply system; and,
D. Donor desires to offer to donate fee simple title to a portion of the Parent Parcel that is legally described on
Exhibit A and graphically depicted on Exhibit B (the"Well Lot") and an appurtenant easement over a portion
of the "future flushing pond" area that is graphically depicted on Exhibit B (the "Flushing Pond Area")
(collectively,the"Property")to City to allow for the expansion of the service area of the public municipal water
supply system; and,
E. City desires to have a reasonable period to engage in customary due diligence into the suitability and utility
of the Property for the operation of the Well System prior to accepting the donation thereof; and,
F. City and Donor desire to enter into this Agreement to memorize their mutual understanding and agreement
with respect to(1)Donor's offer to donate the Property to City; (2) City's right to investigate the suitability and
utility of the Property prior to acceptance of the donation; and (3) City's option to accept the donation of the
Property and commence with the development of the Well System.
AGREEMENT
NOW, THEREFORE, in consideration of the above recitals, and the benefits, covenants and agreements hereinafter
mentioned on the part and behalf of the Parties,the Parties agree as follows:
1. OFFER TO DONATE: For a period commencing on Effective Date and expiring at the earlier of(a)one year
after Donor delivers a Completion Notice(defined below)to City or(b) ten (10)years after the Effective Date
(the"Option Period"), Donor hereby irrevocably offers to donate the Property to City in accordance with this
DONATION AGREEMENT—DONEGAN WELL LOT PAGE 1 OF 13
Agreement, which donation is subject to, and will only be effective upon, acceptance thereof by City as set
forth in this Agreement.
2. OPTION TO ACCEPT DONATION. If the City intends to develop the Well System on the Property, then City
may accept Donor's offer at any time prior to the expiration of the Option Period by written notice thereof to
Donor(the"Acceptance Notice"). City covenants that it will not deliver an Acceptance Notice unless the City
then intends to thereafter develop the Well System on the Property. If at any time City, in its discretion, finds
the Property to be unsuitable for the Well System for any reason or City elects for any reason not to accept
Donor's offer to donate the Property, then City may terminate this Agreement by written notice thereof to
Donor(a"Termination Notice"). If City fails to deliver an Acceptance Notice to Donor prior to the expiration
of the Option Period for any reason, then the City will be deemed to have delivered a Termination Notice to
Donor at the expiration of the Option Period.
3. DUE DILIGENCE REVIEW
3.1 During the Option Period, Donor will provide City with reasonable access to the Property so City may
conduct such inspections, due diligence and other activities on the Property as the City deems
prudent or convenient for the City to determine the suitability of the Property for the Well System.
The access must be in a location reasonably acceptable to City,which location must be via Columbia
Road and must be suitable for well drilling equipment, construction equipment and other vehicles;
provided, however, City is responsible for installing any improvements in the access way desired by
City. Donor may reasonably relocate the access at Donor's expense and after reasonable notice to
City.
3.2 City's due diligence activities may include, but are not limited to, land surveys, environmental
surveys, drilling of test wells, applications for water rights or water right transfers and any other
inspections, inquiries, testing and other investigations regarding any aspect of the Property or the
suitability of the Property for City's purposes that the City deems desirable. Donor will reasonably
cooperate with City's efforts and will promptly sign any applications, consents, affidavits, surveys or
other documents reasonably requested by City in connection therewith, provided that Donor does
not incur an unusual material expense that City does not agree to reimburse.All inspections will be
conducted at City's sole cost and expense and in accordance with applicable law.
3.3 City will not engage in destructive inspections without Donor's prior written consent, which consent
will not be unreasonably withheld. City will, at its sole cost and expense, promptly restore any
physical damage or alteration of the physical condition of the Property that results from any
inspections conducted by or on behalf of City. City will keep the Property free from any liens arising
out of any work performed, materials furnished or obligations incurred by or on behalf of City with
respect to any inspection or testing of the Property during the Option Period. If any lien is filed, City
will cause the lien to be discharged of record in accordance with applicable law. To the fullest extent
permitted by law, City agrees to indemnify, defend and save Donor harmless from any claims,
damages, liability and expenses(including reasonable attorneys'fees)arising out of City's entry onto
the Property during the Option Period.
3.4 If City delivers (or is deemed to have delivered) a Termination Notice, then City shall, to the extent
practicable and with reasonable promptness, remove any improvements on the Property by City
(including the decommissioning and capping of any testwells)and restore the surface of the Property
to its pre-Agreement level and condition, unless otherwise agreed by Donor and City by separate
written agreement.
DONATION AGREEMENT—DONEGAN WELL LOT PAGE 2 OF 13
3.5 City agrees that Donor is donating, and City will accept,the Property in its"as-is"condition,as of the
Effective Date, subject to modification thereof by Donor that may be approved by City(such as any
subdivision improvements approved by City),which approval will not be unreasonably withheld. City
agrees that Donor shall not be obligated to perform any work or furnish any other materials in,to, or
about the Property in order to prepare the Property for use or occupancy by City under this
Agreement.
4. ANNEXATION; SUBDIVISION; COMPLETION NOTICE
4.1 City acknowledges that Donor intends to annex the Parent Parcel into the City and subdivide the
Parent Parcel into a residential community, and Donor acknowledges that City's review of Donor's
application for annexation and subdivision of the Parent Parcel will be considered by City on its own
merits, independent of this Agreement.
4.2 Donor covenants that any preliminary plat and any final plat for the Parent Parcel will designate the
Well Lot and the Flushing Pond Area as separate lots in accordance with this Agreement and
otherwise reasonably acceptable to City. City acknowledges that the Well Lot will otherwise be an
ordinary lot in the subdivision that will be eligible for development of a single-family home thereon in
accordance with the applicable entitlement approvals, in the event that the City elects to terminate
this Agreement prior to delivery of an Acceptance Notice (and also so the Well Lot may be sold as
an ordinary single-family home lot in the event that City elects to dispose of the Well Lot after
obsolesce of the Well System),
4.3 Upon the recordation of any final plat that includes the Property, Donor agrees to promptly deliver a
notice thereof to City(a"Completion Notice"), and provide the City with a copy of the recorded plat.
Further, if the City has then issued an Acceptance Notice prior to delivery of the Completion Notice,
then Donor will also provide City with the documents identified in Section 5.2 concurrently with the
Completion Notice.
5. DONATION: If City delivers an Acceptance Notice to Donor prior to expiration of the Option Period,then:
5.1 If Donor has not then delivered a Completion Notice,then the Temporary Lease set forth in Section 6
will apply until the Property is donated to the City in accordance with Section 5.2.
5.2 If Donor has then delivered a Completion Notice to City, Donor will promptly execute and deliver to
City a Gift Deed in the form substantially similar to that attached hereto as Exhibit C(the"Gift Deed").
Upon receipt of the Gift Deed, then City agrees to promptly accept the Gift Deed by executing and
recording the same. City will have the right to purchase any title insurance for the donation desired
by City, at City's expense, and Donor agrees to execute any certificate or affidavit reasonably
requested by City or City's title insurer in connection therewith (provided that the same is consistent
with this Agreement). If City elects to use the services of an escrow agent selected by City for the
closing of the Gift Deed, at City's expense,then Donor will reasonably cooperate with City and such
escrow agent.
5.3 If City accepts the donation of the Property, City understands that Donor may be entitled to claim a
charitable contribution deduction under Internal Revenue Code§ 170 for the fair market value of the
Property. It is further agreed and understood that City has not provided, and will not be required to
provide, any goods,services or other thing of value to Donor in connection with this transaction. This
Agreement and the related documents will be deemed a contemporaneous written acknowledgment
for purposes of the substantiation requirements of Internal Revenue Code § 170 and Treas. Reg. §
1.170A-13(f). City agrees to provide further information or documentation as Donor may reasonably
DONATION AGREEMENT—DONEGAN WELL LOT PAGE 3 OF 13 '..
request from time to time in order to claim a charitable deduction under Internal Revenue Code §
170, and to acknowledge receipt of the Property as required by IRS Form 8283, Noncash Charitable
Contributions Form.
6. TEMPORARY LEASE: If the City delivers the Acceptance Notice to Donor prior to Donor delivering a
Completion Notice to City, then City's delivery of the Acceptance Notice will automatically constitute Donors
lease of the Property to City in accordance with this Agreement and as follows(the"Temporary Lease"):
6.1. The term of the Temporary Lease will commence on the date of the Acceptance Notice and continue
in effect until recordation of the Gift Deed pursuant to Section 5.2,at which time the Temporary Lease
will terminate.
6.2. There shall be no rent due to Donor under the Temporary Lease, as Donor and City agree that the
mutual benefits provided by the Temporary Lease provide adequate consideration forthe Temporary
Lease(i.e.,with the City having the benefit of being able to commence work on the Well System on
the Property in advance of annexation and platting of the Property, and Donor having the benefit of
having a better public water service system available to serve the Parent Parcel).
6.3. City will use the Property only for the construction, operation, maintenance and repair of the Well
System(and adjacent flushing pond)in accordance with this Temporary Lease,and no other purpose
without the prior written consent of Donor. City covenants to Donor that City will not construct any
pole, tower or other structure on the Property greater than thirty-five (35) feet in height. City must
maintain the Flushing Pond Area until Donor delivers a Completion Notice to City, and all City
improvements on the Property must be compliant with applicable law and otherwise be maintained
in a neat and orderly condition.
6.4. City shall have the right to construct, operate, maintain and repair a Well System (and adjacent
flushing pond) on the Property, all of which must be done in accordance with applicable law and
otherwise in a neat and orderly condition.
6.5. City agrees to comply with all applicable laws governing its use of the Property and to do all things
necessary to stay in compliance with the same.
6.6. Donor will provide City with a temporary access easement to the Property during the term of the
Temporary Lease in a location reasonably acceptable to City, which location must be via Columbia
Road and must be suitable for well drilling equipment, construction equipment and other vehicles to
construct,operate,and maintain the Well System;provided,however,City is responsible for installing
any improvements in the access way desired by City. Donor may reasonably relocate the access
easement at Donors expense and after reasonable notice to City.
6.7. If requested by the City, Donor will provide City with a temporary utility easement for electricity
service to the Property during the term of the Temporary Lease in a location reasonably acceptable
to City. City shall promptly pay for any utilities utilized by City. Nothing herein will require City to
extend utility infrastructure to the Property.
6.8. City shall, at its cost, maintain a comprehensive liability insurance policy covering the Property at all
times during the term of the Temporary Lease in the names and for the benefit of City and Donor as
co-insureds in the sum of$500,000.00 single-limit coverage.
DONATION AGREEMENT—DONEGAN WELL LOT PAGE 4 OF 13
6.9. Provided that City performs all of its obligations under this Agreement, City's quiet enjoyment and
possession of the Property will not be disturbed by Donor except as otherwise provided in this
Agreement.
7. NO TOWER. City covenants to Donor that City will not construct any pole, tower or other structure on the
Property greater than thirty-five(35)feet in height earlier than ten(10)years after recordation of the Gift Deed.
8. FUTURE MAINTENANCE OF PROPERTY. City shall be responsible for landscaping and maintaining the
Well Lot. Donor or any homeowners' association serving a subdivision of the Parent Parcel shall be
responsible for landscaping and maintaining the Flushing Pond Area, which may be utilized for stormwater
management and other purposes,so long as such use does not unreasonably interfere with City's use of the
Flushing Pond Area. If requested by Donor or any homeowners' association serving a subdivision of the
Parent Parcel,City agrees to work cooperatively to allow,to the extent practical or desirable,the homeowners'
association to landscape and maintain the perimeter of the Well Lot in the same manner as common area
located on the Parent Parcel.
9. TAXES AND ASSESSMENTS: Donor shall pay all real estate taxes and other assessments of any kind levied
against the Property during the term of this Agreement as the same become due.
10. ASSIGNMENT OR SUBLEASING: City shall not assign this Agreement nor sublet any interest in the
Property,or any portion thereof,without Donor's prior written consent; provided, however,such consent shall
not be unreasonably withheld by Donor. Donor will have the right to convey the Property so long as the
transferee agrees in writing to be bound by the terms of this Agreement.
11. LABOR CONTRACTS AND EMPLOYEES:The Parties expressly covenant and agree that all labor contracts
and employment agreements with employees or contractors providing services or materials to or construction
upon the Property shall be made directly with City and that all such employees and contractors shall be
deemed solely the employees or contractors of City and in no way employees or contractors of Donor. City
covenants and agrees to keep the Property free and clear of any claims,including but not limited to,mechanics
or materialmen's liens.
12. WASTE PROHIBITED: City shall not commit any waste or damage to the Property nor permit any waste or
damage to be done thereto.
13. LIABILITY: Donor shall not be liable for any injury or damage which may be sustained by any person or
property resulting from the City's use of the Property.
14. CONDEMNATION: If the entire Property, or a substantial part thereof, are condemned or taken by purchase
in lieu thereof by any party other than City, then this Agreement shall terminate as of the time possession is
taken.
15. TIME IS OF THE ESSENCE: Time and the strict and faithful performance of each and every one of the
conditions of this Agreement are expressly made the essence of this Agreement.
16. DONOR DEFAULT. If Donor defaults in the keeping, performing or observing of any of the covenants and
agreements herein contained and such default shall remain uncured for a period of ninety (90) days after
written notice shall have been sent by certified mail to Donor as hereinafter provided, then in such event the
City may, at City's election, pursue any remedy available in law or equity.
17. CITY DEFAULT. If City defaults in the keeping, performing or observing of any of the covenants and
agreements herein contained prior to City's acceptance and recordation of the Gift Deed, and such default
DONATION AGREEMENT—DONEGAN WELL LOT PAGE 5 OF 13
remains uncured for a period of ninety(90)days after written notice shall have been sent by certified mail to
City as hereinafter provided, then in such event the Donor may, at Donor's election, either in law or equity,
seek specific performance of this Agreement or may declare this Agreement forfeited and terminated and may
re-enter the Property to repossess and enjoy the same as in their first estate, and the effect of such default
shall in itself, at the election of Donor,without further notice or demand constitute a forfeiture and termination
of this Agreement, and if thereafter the City shall fail to surrender possession of the Property to Donor, the
City shall be deemed guilty of an unlawful and forcible detention of the Property. If this Agreement is
terminated for default of any of the covenants and agreements herein contained, City hereby agrees to pay
all reasonable expenses incurred by Donor in obtaining possession of the Property from City and in removing
the improvements thereon, including reasonable legal expenses and attorneys' fees, and to pay such other
expenses as the Donor may incur in putting the Property in good order and condition as herein provided. In
the event of notification of default by Donor to City and City does in fact cure such default, then and in that
event City shall pay, in addition to all arrearages as existing under the notice of default, the reasonable
attorneys'fees incurred by Donor in determination of the default and the notification to the defaulting City.
18. ATTORNEYS' FEES: In the event an action is brought to enforce any of the terms or provisions of this
Agreement,or enforce forfeiture thereof for default thereof by either of the Parties hereto,the prevailing Party
in such action or collection shall be entitled to recover from the other Party its reasonable attorneys' fee and
litigation costs, together with such other costs as may be authorized by law.
19. ENVIRONMENTAL: During the term of this Agreement, City will not deposit, store,dispose of, or place upon,
about, or under the Property any hazardous substances in violation of Idaho or federal law.
20. NOTICES: All notices required to be given to each of the Parties hereto under the terms of this Agreement
shall be given in writing by depositing a copy of such notice in the United States mail, postage prepaid,
certified, return receipt requested, to the respective Parties hereto at the following address, or to such other
address as may be designated by writing delivered to the other Party. All notices given by certified mail shall
be deemed completed as of the first date of delivery or refusal of delivery.
Donor: Eaglet LLC
c/o Conger Management Group
4824 W. Fairview Avenue
Boise, Idaho 83706
City: City of Meridian
Attn: City Engineer
33 E. Broadway Avenue
Meridian, Idaho 83642
21. REPRESENTATIONS: It is understood and agreed by and between the Parties hereto thatthere are no verbal
promises, implied promises, agreements, stipulations, representations, or warranties of any character
excepting those set forth in this Agreement.
22. BINDING EFFECT: The provisions and stipulations hereof shall inure to the benefit of and bind the heirs,
executors, administrators, assigns, and successors in interest of the respective Parties hereto.
23. RECORDING: Donor or City may record this Agreement, or a memorandum of this Agreement, in the real
property records of Ada County, Idaho. In such event,if this Agreement terminates for any reason,then Donor
and City agree to promptly execute and record an instrument memorializing the termination of this Agreement.
DONATION AGREEMENT—DONEGAN WELL LOT PAGE 6 OF 13
24. GOVERNING LAW. The laws of the State of Idaho will govern the validity, performance and enforcement of
this Agreement, and venue for any action arising out of the Agreement will be in Ada County, Idaho.
25. HEADINGS: The bolded paragraph headings are for convenience only and are not a part of this Agreement
and shall not be used in interpreting or construing this Agreement.
26. RECITALS; EXHIBITS: The recitals and exhibits to this Agreement are an integral part of this Agreement,
and are fully incorporated herein.
27. SEVERABILITY: If any portion or portions of this Agreement shall be,for any reason,invalid or unenforceable,
the remaining portion or portions shall nevertheless be valid,enforceable and carried into effect, unless to do
so would clearly violate the present legal and valid intentions of the Parties hereto.
[end of text;counterpart signature pages follow]
DONATION AGREEMENT—DONEGAN WELL LOT PAGE 7 OF 13
COUNTERPART SIGNATURE PAGE
IN WITNESS WHEREOF, Donor and City do execute this Agreement effective the day and year first above written.
"Donor"
EAGLE1 LLC, an Id ho limited liability company
By:
Name:
Title: Mw c o—
STATE OF IDAHO )
) ss.
County of Ada ) ^� ':�^�0
This record was acknowledged before me on � , byt 'r�GCy (/�as
of Eaglet LLC.
d•GE ,
P�N••LgN��•,��
1'tyOTARy'•. '= Signature of Notary Pubic
A = � My Commission Expires: �-3 •a�
�� UBh1C�•
DONATION AGREEMENT—DONEGAN WELL LOT PAGE 8 OF 13
COUNTERPART SIGNATURE PAGE
IN WITNESS WHEREOF, Donor and City do execute this Agreement effective the day and year first above written.
FICity"
CITY OF MERIDIAN, an Idaho municipal corporation
By:
Robert E. Simison, Mayor 4-16-2024
Attest:
Chris Johnson, City Clerk - -
STATE OF IDAHO )
) ss.
County of Ada )
This record was acknowledged before me on 4-16-2024 by Robert E. Simison and Chris Johnson, as
Mayor and City Clerk, respectively,of City of Meridian.
Signature of Notary Public
My Commission Expires: 3-28-2028
DONATION AGREEMENT—DONEGAN WELL LOT PAGE 9 OF 13
EXHIBIT A
LEGAL DESCRIPTION OF THE WELL LOT
5awtooth land 5urveymg, LLC
{� P:(208)398-8104 F:(208)398-8105
2030 5.Wa5hmgtor Ave.,Emmett,10 83617
Donegan Well Site Description
BASIS OF BEARINGS Is N. 89041'03"E. between an illegible aluminum cap marking the Sl/4 corner
of Section 5 and an Illegible aluminum cap marking the SE corner of Section 5,T.2 N.,R. 1 E., B.M.,
Ada County,Idaho.
A parcel of land located in the SEI/4 of Section 5,Township 2 North,Range 1 East, Boise Meridian,
Ada County,Idaho,more particularly described as follows:
COMMENCING at an aluminum cap marking the S1/4 corner of said Section 5;
Thence N. 0057'18"W.,coincident with the west line of said SEI/4,a distance of 773.49 feet;
Thence leaving said west line,N.89002'42"E.,55.00 feet to the POINT OF BEGINNING;
Thence N.0057'18"W.,parallel with said west line, 144.28 feet;
Thence S.8302743"E., 103.00 feet;
Thence S.82020'18"E.,57.77 feet;
Thence S.6047'14"W., 123.32 feet;
Thence S.89002'42"W., 142.62 feet to the POINT OF BEGINNING.
Said parcel contains 0.465 acres more or less. -
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DONATION AGREEMENT—DONEGAN WELL LOT PAGE 10 OF 13
EXHIBIT B
GRAPHIC DEPICTION OF THE WELL LOT AND FLUSHING POND AREA
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DONATION AGREEMENT-DONEGAN WELL LOT PAGE 11 OF 13
EXHIBIT C
GIFT DEED
Recording requested by, and return to:
City of Meridian
33 E. Broadway Avenue
Meridian, Idaho 83642
GIFT DEED
EAGLE1 LLC, an Idaho limited liability company ("Grantor'), hereby grants and conveys as a gift unto CITY OF
MERIDIAN, an Idaho municipal corporation ("Grantee"), whose current mailing address is 33 E. Broadway Avenue,
Meridian, Idaho 83642,all of Grantor's right,title and interest in that certain real property located in Ada County, Idaho,
legally described as("Property"):
See Exhibit A-1, attached hereto and incorporated herein
SUBJECT TO the lien of real property taxes for the then current calendar year not yet due and payable, all matters of
record or appearing from a careful inspection of the land,and anything made,done or suffered by Grantee or Grantee's
agents.
TO HAVE AND TO HOLD the Property, with its easements, water and water rights, and all other rights and
appurtenances unto Grantee, and Grantee's successors and assigns forever.
GRANTOR: EAGLE1 LLC, an Idaho limited liability company
By: _
Name:
Title:
STATE OF IDAHO )
ss.
County of Ada )
This record was acknowledged before me on Lj , by��as ,41-4
of Eaglet LLC. Q
,stsal I I I zd4ll," 4ti a.,
�• Signature of Notary Public
G•'ZyOTARy�,� '�
My commission expires: a(a(a
Bisset it
DONATION AGREEMENT—DONEGAN WELL LOT PAGE 12 OF 13
EXHIBIT A-1
LEGAL DESCRIPTION
[Lot_in Block_of Subdivision, in accordance with the official
plat thereof recorded in the real property records of Ada County, Idaho as Instrument No.
or[appropriate metes and bounds legal description)
Together with a perpetual easement over the real property that is legally described as follows (the
"Easement Area"):
[add lot and block or metes and bounds legal description]
for the purpose of the construction,operation, maintenance and repair of a flushing pond and related
drainage facilities for overflow water from Grantee's water well supply system on the dominate estate.
Grantor shall be responsible for general maintenance of the Easement Area, but Grantee shall be
responsible for constructing, maintaining, repairing, and replacing any specific improvements that
Grantee installs in the Easement Area as desired by Grantee. Grantor may not place any
improvements on, over or under the Easement Area without prior approval of Grantee; provided,
however, Grantor may (1) install improvements to utilize the Easement Area for stormwater
management, irrigation, recreational and aesthetic purposes and (2) landscape the Easement Area
(and install irrigation systems for such landscaping), so long as the same does not interfere with
Grantee's use of the Easement Area as authorized herein.
The Easement is not exclusive, and Grantor may use the Easement Area for any purpose that does
not interfere with the use of the Easement Area by Grantee as permitted herein. The Easement Area
is not dedicated to the public and no use of the Easement Area by the general public is authorized
herein.
This Easement may not be amended except by a written instrument executed by Grantor and
Grantee, which instrument will be effective upon recordation in the real property records of Ada
County, Idaho.
If Grantee elects to abandon the Easement (which will be presumed if Grantee ceases to use the
dominate estate for a water well system for a period of five(5)years or longer,of if Grantee conveys
the dominate estate to any party other than a public or private water utility provider), then Grantee
agrees to terminate this Easement of record.
DONATION AGREEMENT—DONEGAN WELL LOT PAGE 13 OF 13