Easement - Clear Creek Crossing Subdivision - 8/30/2002
10(01/2007 13:21 FAX 2876848
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Y\f\~ ~Oir45 RECORDEO.REOUEST OF
.\01. C[JlJNTY RECOltDER ~\t:.. ~~
.!. 9~Y~9.~~Y~~RO FEE JtLOEPUTY ~
2DD2 AU 30 PH 2: 3S , 02099030
FASEME.!'IT AGREEMEHI'
TInS AGREEMENT is made and entered into thiS~ o~
by and between JA YO CONSTRUCTION, INC., whose acldress is Plaza
Mile Road, Boise, Idaho, 83709, hereinafter referred to as "Grantor",
EAGLE. an Idaho municipal corporation, 310 East Stare, Eagle, Idaho,
referred to as "Grantee",
, 2002,
nte 1323 S. Five
d the CITY OF
83616, hereinafter
RECIT ALS:
A. The Grantor is the owner of Lot 20, Block I, Clear Creek Crossing Subdivision, all in the
City of Eagle, Ada County, Idaho (collectively "Subject Property"),
B. The Subject Property constitutes a portion of the Clear Creek Crossing Subdivision
Development. !:he master plan for which includes the construction and conveyance to the
Gr.mtee of an improved pam more or less along the eastern boundary of Dry Creek for
pedestrian and non-motorized vehicle access for members of lhe general public, including
residents within the Clear Creek Crossing Subdivision.
NOW, nrEREFORE, in consideration of the mutual covenants herein contained, and for
other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged
by tne Grantor, the parties hereto agree, for themselves, their SUcce5S0rs and assigns, as follows:
1. Grantor hereby grants to the Grantee, a perpE:lual, nonexclusive easement. lwenty
(20) feet in width, over and across the real property situated in the City of Eagle,
Ada COWllY. Idaho, described more particularly in Exhibit "A" and as generally
shown on Exhibit "Bu, copies of which are attached hereto lIf1d by this reference
incorporated herein.
2. The purpose for which said easement is granted, is to provide the Grantee. together
with all membenl of the general public, pedestrian and non-motorized vehicular
access On the pathway which the Grantor has constructed thereon, and 10 further
pennit the Grantee, its employees, agents, and contractors to maintain, repal r or
replace lhe pathway and related improvements within the easement with such
machinery and equipment as may be reasonabJy necessary from time to time.
3. In the evenl of a breach hereunder by any party, the non~breaching party shaH have
all remedies available at law or in equity. inc:luding injunctive: or other equitable
relief. In any suit, action or appeal therefrom to enforce or interpret this Easeme1\t
Agreemem, the prevailing pany shall be entitled to recover its costs incurred lherein,
EASEMENT AGREEMENT. 1
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including reasOl'lable attorneys fees and disbursements.
IN WITNESS WHEREOF. the parties have caused this agreement to be executed on the
date and year first above written.
"ORANTOR"
JA YO CONSTRUCTION. INC.
By:f2~_~
Douglas J ayo
Its: Owner
"GRANTEE"
CITY OF EAGLE, IDAHO
By:
O-l~
..........,.. Its: Mayor
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STATEOF~
County of
On IhiS~ of
personally appeared Douglas layo,
$aid company name to lne foregoin
name.
, before me, a. NotlU'y Public for me State of Jdllbo.
n or identified to me. to be !hill owner of Jayo ConsD1JCtion wllo subscribed
t, and acknowledged to me lhat he executed the same in said company
IN WITNESS WHEREOF. 1 have hereunto seL my hand and lIffilled my official seal !he day and year in Lhis
ccnilicllte fi~l above wnllen.
EASEMENT AGREEMENT - 2
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3.
ST ATE OF IDAHO
Count)' of ad CA..
ss.
On lhi . 2002. before me. a !\fOl&ry Public for Silid County and Slate,
pcrSON.l1y ap~ ilIId 77~~ ~I fI , known or identified to me:.
to be the Mayor and City Clerk. 'vely, of the CITY OF EA: LE. mat ~ecuted thl: slud JlUtrulMlIl. and
ack.nowledgcd to mC that such City of Eagle elC.ecuted the 5lI1IIC.
IN WITNESS WHEREOF, I have hereunto tiet my hand and affixed my official se.a.l the day 8I'llI '"jeM in this
cenificate first above written.
,,:_....~"'~UISlI"
NOTARY P~FOR IDAHO
Residing at ~-b~
My commission expires - /)"7 -0 '7
EASEMENT AGREEMENT - 3
_tll..!!.!12
ReCeIV~O & FILED l
CITY OF EAGLE I
AUG 2' 2::2 i
d
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Clerks Office
JAYO CONSTRUCTION INC.
m._OIl/1..~{.(~2
TIn 14: 29 PAX. 208 322 03664
EXHIBIT" A"
File:
Route to:
A pedt:strian ingress/egress C::ilSdnent and utility maLn1enance aeeeflfi, situated in Lot 20.
Bled 1 of Clear Creek Crossing Subdivigion as it is to be recorded and located in a
partiQn of the NE 1/4 of Section 8, Township 4 North, Range 1 East, Boise Meridian, City
of Eag\e, Ada C~l1Jnty, ldaho ancl. more described as follows:
Commet'lcing at a brass cap monun\en\ marking the NW com~r of said NEl/4, thence
along the North line of !aid NEl/4 S8901i'44'''E a distance of 1103.27 feet to a point
from whicb It brass cap monument ntBtlting the NE comer of said NE1I4 bears
S89g17144"E a distance of965.58 f"~ thMce leaving said North line SOOD4Z'l6"W a
distance of 48,00 feet [0 Oil point, saUd point being the POINT OF BEGINNJNG~
Thence \0.00 fee[ on each side oftht following de!;c;ribed line:
S30049'02"W iI. distance of 271.36 feel to II point;
Thence S50"12'09"W a distallce of 67.12 feet to a point;
Thence S21"OO'02"W a distance D{ 65.61 feet to a point;
Thence S20"S4' IO"W a di5tance of233,35 feet to a point;
Thence S 19-17'41"'W a di!tllnce of 455,03 feel to a point;
Thence S20"2.T50"W a distancc of 430_54 r~$1 to a poinl;
Thence S16"56'14"W a di!:mru:.e 0007.33 feet to a poiot;
1bencc: SOS~19'05"W a distllllcc of 92.22 f~t to 8 point;
Thence SlS"14'Z9"E a distance of 4S.52 feet to a. point;
Thence S04"S6'13"W a disWlce of36.97 reef to II point;
Thence S4Q"18'08'''W:6 distam;r of72.14 feet Lo the tenni.n\l~ of said line.
The sidelines of said easement to be shortened or Il:ngtht:ned to meet the boundary of Silid
Lot 20.
Said easement contains 1.05 acres more or less and is subj!!ct to all existing ea:sements
and rights-of-ways of record or implied.
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10(01/2007 13:22 FAX 2876848
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1'H11 14: 211 FAX 208 32.2 :l664
JAYO CONSTRUCTIO~ INC
"REceiVED & FILED
CITY OF EAGLE
AUG 2' 2C~2
EXHIBIT liB"
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SCALE. , '0:300.
ORAWN BY"
RGS,
DESIGNED 9Y
JGe
sHEET
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OATE;
08-29-02
CHECKED B'l;
JGt:
R(F'
REVISION
OESCr;oIP11QN
PINNACI.lE
Engineer-&, Inc.
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