Easement - Laguna Pointe Permanent Easement Lot 45&46/Jade Properties - 7/24/2014ADA COUNTY RECORDER Christopher D. Rich 2014- 059078
BOISEJDAHO Pgs =5 GAIL GARRETT 07/24/2014 03:54 PM
Project Name: City Of Eagle Pathway Project EAGLE CITY
Ada County S16,T4N,RIE,BM NO FEE
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140058078006005
ADA COUNTY RECORDER Christopher D. Rich 2014- 059102
BOISE IDAHO Pgs =6 BONNIE 07/24/201404:27 PM
EAGLE CITY NO FEE
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00004138201400581020080088
(Reserved for Ada County Recorder)
PERMANENT EASEMENT AGREEMENT
THIS PERMANENT EASEMENT AGREEMENT (the "Agreement "), made and
entered into thiscH day of July, 2014, by and between JADE DEVELOPMENT, LLC,
hereinafter referred to as "GRANTOR ", and CITY OF EAGLE, a body politic and
corporate of the State of Idaho, by and through its CITY COUNCIL, the "GRANTEE ";
WITNESSETH:
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 ").
Known as Lots 45 and 46.
1.2 GRANTEE is constructing a public Biking /Walking Pathway on the
Dominant Estate and desires to obtain an Easement for that purpose on, under, over and
across the Servient Estate. 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:
JADE DEVELOPMENT, LLC EASEMENT -1
Project Name: City Of Eagle Pathway Project
Ada County S16,T4N,RIE,BM
(a) the construction and placement of a public Biking /Walking Pathway and
related improvements on the Servient Estate, and for the maintenance and repair
of such Biking /Walking Pathway, 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.
As consideration for the grant of this Easement GRANTEE agrees to pay
GRANTOR Ten Thousand Eight Hundred Ninety Six Dollars, ($10,896.00) receipt of
which is hereby acknowledged.
SECTION 4. Construction and Installation.
The construction of the Biking /Walking Pathway on, under, over and across the
Servient Estate, and any repair and maintenance thereof. All costs and expenses related
to the design, construction, maintenance and repair of the Biking /Walking Pathway shall
be the sole responsibility and obligation of, and shall be paid by, GRANTEE.
SECTION 5. Maintenance
GRANTEE shall maintain the physical integrity of the Biking /Walking Pathway
in good condition and repair and as required to satisfy all requirements of applicable
laws, the policies of GRANTEE and sound engineering practices.
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.
JADE DEVELOPMENT, LLC EASEMENT -2
Project Name: City Of Eagle Pathway Project
Ada County S16,T4N,RIE,BM
GRANTEE hereby agrees to protect, defend, indemnify and hold harmless
GRANTOR, GRANTOR's members, or 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 easement by GRANTEE or the
public, 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.
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.
JADE DEVELOPMENT, LLC EASEMENT -3
Project Name: City Of Eagle Pathway Project
Ada County S16,T4N,RIE,l3M
CITY OF EAGLE
Jim Reynol s, Mayor
ATTEST:
Sharon Bergmann, City
SELLER:
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JADE D VELOPMENT, LLC
By: A KIL f, (_ , �f ,
athleen Mc
Its: Ma aging Member
On this ,1 day of July, 2014, before me,
NAI i n 1 01 UA wk to Ui S a Notary Public in and for the State of
California, pe onally appeared KATHLEEN MCHUGH, Managing Member of Jade
Development, LLC, known or proved to me to be the person who executed the foregoing
instrument, and acknowledged to me that he 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.
YAt;LIN6 MATTHEWS
Commission # 1919355
z ;-w Notary Public - California D
z ' Los Angeles County
My Comm. Wires Jan 25, 2015
STATE OF IDAHO)
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My commission expires
California
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JADE DEVELOPMENT, LLC EASEMENT -4
Project Name: City Of Eagle Pathway Project
Ada County S16,T4N,RIE,BM
County of ADA
On this day of L 2014, before
me, rr1 , a Notary Public i and for the State of Idaho, personally
appeared JIM REYNOLDS, known or identified to me to be the MAYOR of the City Of
Eagle, and SHARON BERGMANN, known or identified to me to be the CITY CLERK
OF THE City Of Eagle, a body politic and corporate of the State of Idaho, the persons
who executed this instrument of behalf of said City, and acknowledged to me that they
executed the same.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official
seal the day, month and year
Project No: 130145
Date: November 4, 2013
Page: 1 of 1
EXHIBIT "A"
City of Eagle Pathway Description within Coast to Coast Subdivision
A 25 -foot wide strip of land, located in Lot 45, Block 1 of COAST TO COAST SUBDIVISION,
as filed in Book 96 of Plats, at Pages 11955 -11963 records of Ada County, Idaho, situated in
Government Lots 2, 3 and 4, of Section 21, and the SW 1/4 of Section 16, Township 4 North,
Range 1 East, Boise Meridian, City of Eagle, Ada County, Idaho, described as follows:
PARCEL IV (A portion of Lot 45, Block 1)
BEGINNING at the northwesterly corner of said Lot 45, Block 1 of said COAST TO
COAST SUBDIVISON; thence, along the north boundary thereof,
1) N.61 °26'37 "E., 70.76 feet; thence,
2) S.33 °50'40 "W., 30.56 feet; thence,
3) S.53 °18'44 "W., 46.82 feet to the west boundary of said Lot 45; thence, along said
boundary,
4) N.21 °12'26 "W., 20.95 feet to the POINT OF BEGINNING.
CONTAINING: 974 square feet (0.022 acres, more or less).
SUBJECT TO: all Covenants, Rights and Easements of Record.
FI: \130145 \Survcy \}.xh - Existing Pathway_L.45 PCLA.docx
+�
T-0 ENG11MEERS
CONSULTING
ENGINEERS, SURVEYORS AND PLANNERS
9777 CHINDEN BOULEVARD
BOISE, IDAHO 83714 -2008
208 -323 -2288 • FAX 208 - 323 -2399
Project No: 130145
Date: November 4, 2013
Page: 1 of 1
EXHIBIT "A"
City of Eagle Pathway Description within Coast to Coast Subdivision
A 25 -foot wide strip of land, located in Lot 45, Block 1 of COAST TO COAST SUBDIVISION,
as filed in Book 96 of Plats, at Pages 11955 -11963 records of Ada County, Idaho, situated in
Government Lots 2, 3 and 4, of Section 21, and the SW 1/4 of Section 16, Township 4 North,
Range 1 East, Boise Meridian, City of Eagle, Ada County, Idaho, described as follows:
PARCEL IV (A portion of Lot 45, Block 1)
BEGINNING at the northwesterly corner of said Lot 45, Block 1 of said COAST TO
COAST SUBDIVISON; thence, along the north boundary thereof,
1) N.61 °26'37 "E., 70.76 feet; thence,
2) S.33 °50'40 "W., 30.56 feet; thence,
3) S.53 °18'44 "W., 46.82 feet to the west boundary of said Lot 45; thence, along said
boundary,
4) N.21 °12'26 "W., 20.95 feet to the POINT OF BEGINNING.
CONTAINING: 974 square feet (0.022 acres, more or less).
SUBJECT TO: all Covenants, Rights and Easements of Record.
FI: \130145 \Survcy \}.xh - Existing Pathway_L.45 PCLA.docx