Easement - Riverwalk/permanent easement HCR/Level 3 Subdivision - 7/10/2014 ADA COUNTY RECORDER Christopher D.Rich AMOUNT .00 8
BOISE IDAHO 07/10114 02:06 PM
DEPUTY Lisa Batt
RECORDED-REQUEST OF 11111111111111111111111111111 I
Project Name: City Of Eagle Pathway Project Eagle City 114054704
(Reserved for Ada County Recorder)
PERMANENT EASEMENT AGREEMENT
THIS PERMANENT EASEMENT AGREEMENT (the "Agreement"), made and
entered into this L day of July, 2014, by and between HOME CAPITAL
RESOURCES, LLC, an Idaho limited liability company, whose address is 67 E.
Parkcenter Blvd., Suite 311, Boise, Idaho 83706, hereinafter referred to as
"GRANTOR", and the CITY OF EAGLE, a body politic and corporate of the State of
Idaho, by and through its CITY COUNCIL, whose address is 660 E. Civic Lane, Eagle,
Idaho 83616, the "GRANTEE";
WITNES SETH:
FOR GOOD AND SUFFICIENT CONSIDERATION, IT IS AGREED:
SECTION 1. Recitals.
1.1 GRANTOR owns the real property located in Ada County, State of Idaho
as more particularly described on Exhibit "A" attached hereto and by this
reference made a part hereof(hereinafter the "Servient Estate");
1.2 GRANTEE has constructed, is constructing, or has accepted responsibility
post construction for, a public Biking/Walking Pathway on properties
adjacent to or in the vicinity of the Servient Estate along the Boise river
(hereinafter the "Dominant Estate");
1.3 GRANTEE desires for (i) GRANTOR to construct an extension of such
public Biking/Walking Pathway on the Servient Estate, (ii) GRANTOR to
transfer to GRANTEE responsibility for such public Biking/Walking
Pathway upon acceptable completion of such construction, and (iii)
GRANTOR to grant to GRANTEE an easement for that purpose on, under,
RIVER WALK EASEMENT-1
Project Name: City Of Eagle Pathway Project
over and across the Servient Estate so that GRANTEE can maintain,
repair, and permit public use of such Biking/Walking Pathway; and
1.4 On the terms and conditions hereinafter set forth, GRANTOR is willing to
grant such easement to GRANTEE.
SECTION 2. Grant and Authorized Use; Use not Exclusive.
2.1 On the terms and conditions hereinafter set forth, GRANTOR hereby
grants to GRANTEE a perpetual easement on, under, over and across the Servient Estate
for the following uses and purposes and no others:
(a) The use of a public Biking/Walking Pathway and related improvements on
the Servient Estate, and for the maintenance and repair of such Biking/Walking
Pathway, and its related structures and improvements.
2.2 This Agreement does not extend to GRANTEE the right to use the surface
of the Servient Estate to the exclusion of GRANTOR, and GRANTEE's rights under
this Agreement are subject to the rights of the GRANTOR and GRANTOR's guests,
invitees, agents and contractors to use and enjoy the surface of the Servient Estate
provided the structural integrity or uninhibited use by the public of the Biking/Walking
Pathway is not compromised by such activities.
SECTION 3. Consideration.
Consideration for the grant of this Easement is part of Grantor's application to Grantee,
application HCR/Level 3 Subdivision (River Walk), A-04-12/ RZ-06-12/CU-05-
12/PPUD-03-12/PP-04-12 AND FPUD-04-13/FP-13-13 and Ada County Instrument
#113103019.
SECTION 4. Construction and Installation.
All costs and expenses related to the design and construction of the
Biking/Walking Pathway shall be the sole responsibility and obligation of, and shall be
paid by, GRANTOR.
RIVER WALK EASEMENT-2
Project Name: City Of Eagle Pathway Project
SECTION 5. Maintenance, Repair, and Responsibility for Biking/Walking Pathway
Upon Completion of Acceptable Construction.
Upon GRANTEE's approval and acceptance of GRANTOR'S construction of the
Biking/Walking Pathway on the Servient Estate, GRANTEE shall be responsible for the
maintenance and repair of the Biking/Walking Pathway.
SECTION 6. Compliance with the Law.
In its use of the Servient Estate, GRANTEE hereby covenants and agrees to
comply in all respects with any and all federal, state and local statutes, law, ordinances,
codes, policies, rules and regulations.
SECTION 7. Indemnification.
GRANTEE hereby agrees to protect, defend, indemnify and hold harmless
GRANTOR, GRANTOR's members, agents, from and against any and all liabilities,
costs and/or expenses including, without limitation, reasonable attorneys' fees, in
connection with damages, losses, injuries, and/or death to persons which may be
asserted against GRANTOR, GRANTOR's members, employees, representatives,
and/or agents, arising out of or in relation to the use of the Pathway by GRANTEE or
GRANTEE's Permittees, except to the extent (if any) such liabilities, costs or expenses
are caused by, arise out of, result from or relate to GRANTOR's own negligence or
intentional misconduct.
SECTION 8. Covenants Run with the Land.
This Agreement 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 9. Exhibits.
All exhibits attached hereto and the recitals contained herein are incorporated
herein as if set forth in full herein.
SECTION 10. Successors and Assigns.
This Agreement, the permanent easement herein granted, and the covenants and
agreements herein contained shall inure to the benefit of and be binding upon the parties
hereto and their successors and assigns to the Servient and Dominant Estate.
RIVER WALK EASEMENT-3
Project Name: City Of Eagle Pathway Project
SECTION 11. Recordation.
This Agreement shall be recorded in the Official Real Property Records of Ada
County, Idaho.
SECTION 12. Governing Law, Jurisdiction, and Venue.
This Agreement shall be construed and interpreted in accordance with the laws
of the State of Idaho. The parties agree that the courts of Idaho shall have exclusive
jurisdiction and agree that Ada County is the proper venue.
IN WITNESS WHEREOF, the undersigned have caused this Agreement to be
executed the day, month and year first set forth above.
GRANTOR: HOME CAPITAL RESOURCES, LLC
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By: Level Realty Advi ors, L C
By: Dixon, i s manager
Its: Manager
GRANTEE: CITY OF EAGLE
t, k, .677_ 4A4g_e-_?_2_____
.mes D. Reynolds, Mayor
Attest:
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t .G mars • .
SEAL Sharon K. Bergmann, City Clerk
'•tiy�rrE OF !.
.4ftenasosoftis
RIVER WALK EASEMENT-4
Project Name: City Of Eagle Pathway Project
STATE OF IDAHO )
) ss.
County of ADA )
On the 10' day of 3e, 2014, before me, the undersigned Notary Public in
and for said State of Idaho, personally appeared MIKE DIXON, known or identified to
me to be the Manager of Level 3 Realty Advisors, LLC, the manager of Home Capital
Resources, LLC, the limited liability company that executed the within instrument or the
person who executed the same on behalf of said limited liability company, and
acknowledged to me that said limited liability company executed the same.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official
seal the day and ear in this certificate first above written.
(47 0lY Notary Public for Idaho�
Residing at +-��-,-�'� , Idaho
My commission expires: ___ l—__
PU$%' �0p
OP
4rE of
STATE OF IDAHO )
. ss.
County of Ada )
On this /0 day of J /q , 2014, before the undersigned notary public in
and for the said state, personally apeared JAMES D. REYNOLDS, known or identified to me to
be the Mayor of the City of Eagle and the person who executed the foregoing instrument on
behalf of said City and acknowledged to me that said City executed the same.
IN WITNESS WHEREOF, I have hereunto set my hand and seal the day and year fi*sarpr,
above written. A' 8 0 4,°•*.,
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Notary P 0: is f r Idaho ® `' ,,
Residing at: ti„ p
My Commission Expires: 4///2j PN.1.3 ffr,•
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RIVER WALK EASEMENT-5
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June 5,2014
Project No.112143
Pathway Easement
HCR/Level 3 Subdivision
35,039 Square Feet
Exhibit"A"
A tract of land situated in a portion of the Northeast One Quarter of Section 14,Township 4 North,
Range 1 West,Boise Meridian,Ada County,Idaho,described as follows:
COMMENCING at the Northeast Corner of said Section 14,being North 00°40'52"East a distance of
2,605.90 feet from the East One Quarter Corner of said Section 14,thence South 44°07'32"West a
distance of 955.24 feet to the POINT OF BEGINNING.
Thence South 0°40'52"West a dINtance of 22.83 feet;
Thence North 60°29'02"West a.distance of 380.01 feet;
Thence North 0°41T55"East,a distance of 60.00 feet;
Thence North 73°16'49"West a distance of 341.88 feet;
Thence North 82°31'25"West a distance of 151.41 feet;
Thence North 0°23'11" East a distance of 26.20 feet;
Thence South 89°53'11"East a distance of 139.40 feet;
Thence South 70°13'38"East a distance of 415.00 feet;
Thence South 49°51'50" East a distance of 84.40 feet;
Thence South 43°58'14"East a distance of 92.79 feet;
Thence South 54°19'24" East a distance of 183.11 feet to the POINT OF BEGINNING.
The above-described tract of land contains 35,039 square feet more or less, subject to all existing
easements and rights-of-way.
Attached hereto is Exhibit"B"and by this reference is made a part hereof.
Prepared By: THE LAND GROUP,INC.
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Sleet Me Date of lre:n: 1/3/2014
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462 Lost Shore Orive,Suite 100
.b.Ea ,,,,,u Eagle,Idaho 83616 HCR/Level 3 Subdivision sleet
Phone 208 939.4041 -Fax 208.939.4445
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Title: Date: 06-05-2014
Scale: 1 inch= 120 feet File:
Tract I: 0.804 Acres: 35039 Sq Feet:Closure=n58.4543w 0.00 Feet: Precision=1/523863: Perimeter=1897 Feet
001=s0.4052w 22.83 005=n82.3125w 151.41 009=s49.5150e 84.40
002=n60.2902w 380.01 006=n0.231 le 26.20 010=s43.5814e 92.79
003=n0.4055e 60.00 007=s89.531Ie 139.40 011=s54.1924e 183.11
004=n73.1649w 341.88 008=s70.1338e 415.00