Easement - Laguna Pointe Access Easement/HOA - 9/16/2014ADA COUNTY RECORDER Christopher D. Rich 2014- 079398
BOISE IDAHO Pgs =10 LISA BATT 09129/2014 04:40 PM
EAGLE CITY NO FEE
After Recording 111111111111111111111111111111 II11111111111111 III
Return to: 00026916201400793960100106
Chad W. Lamer
Spink Butler, LLP
P.O. Box 639
Boise, ID 83701
FOR RECORDING INFORMATION
ACCESS EASEMENT
This Access Easement is made effective thi day of 2014, b and between
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Laguna Pointe Homeowners' Association, Inc., an Idaho nonprofit cor oration ( "Grantor "), and the City of
Eagle, a political subdivision of the State of Idaho ( "Grantee "). Grantor and Grantee may be collectively
referred to as the parties.
RECITALS:
A. Grantor is the owner of that certain real property in Ada County, Idaho, more particularly
described on Exhibit A and depicted on Exhibit B, which exhibits are attached hereto and incorporated
herein ( "Grantor's Property").
B. Grantor desires to grant and Grantee desires to receive an easement for ingress and egress
as a public pathway on, over, across and through Grantor's Property under the terms and conditions
outlined hereafter.
AGREEMENT:
NOW THEREFORE, in consideration of the above recitals which are incorporated below, and of
the mutual covenants and agreements herein contained and other good and valuable consideration, the
receipt and sufficiency of which are hereby acknowledged, the parties hereto agree as follows:
1. Grant. Grantor hereby grants a non - exclusive easement for use by the general public as
a permanent unpaved pathway easement over, on, across, and through Grantor's Property in the location
described in Exhibit A and depicted on Exhibit B (the "Easement "). Grantor specifically reserves any
use not incompatible to the Easement herein granted.
2.
Purpose of Easement. The Easement shall be used for ingress and
egress for non -
motorized travel
over the Easement. There are no
implied easements across any other
property owned
by Grantor to access the Easement, nor does either
party guarantee any access to the Easement.
3. Easement Improvements. Grantor shall complete all improvements to the Easement,
and such improvements shall not be paved with concrete or asphalt and shall be constructed of
compacted material, except in wetland areas.
4. Maintenance of Grantor's Property.
Grantee shall maintain the
physical integrity of the
pathway in good condition
and repair and as required
to satisfy all requirements
of applicable laws, the
policies of Grantee, which
maintenance shall include,
without limitation, removal
from the Easement of
paper, rubbish, debris, and
other hazards to persons using the Easement.
5. Dedications. Nothing contained herein shall, or shall be deemed to, constitute a gift or
dedication of any portion of the Grantor's Property to the general public or for the benefit of the general
public or for any public purpose whatsoever other than as expressed herein, it being the intention that this
Access Easement shall be strictly limited to and for the purposes expressed herein.
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6. Indemnity. Grantor shall not be liable to Grantee for any damage or harm to Grantee or
Grantee's property or Grantee's employees, agents, guests or invitees caused by or arising out of use of
the Easement. Grantee hereby agrees to protect, defend, indemnify and hold harmless Grantor, its
partners, tenants, employees, guests, invitees or agents, for and against any and all liability, costs and
expenses including, without limitation, reasonable attorney's fees, for the following: damages, losses,
injuries, or death to persons, or damages, infringements or losses to or of property, whether personal,
real or intangible; or violation of any statute, law, ordinance, regulation or code of any federal, state or
local government entity which may be asserted against Grantor, its officers, members, tenants,
employees, invitees, or agents, arising out of or in relation to the use of the Easement by Grantee.
Grantee's obligation under this paragraph to indemnify and hold Grantor harmless shall not extend to
damages caused by the gross negligence of Grantor.
7. Notices. Any notice or demand from Grantor to Grantee or from Grantee to Grantor,
including notice of a change in address, shall be personally delivered by special courier, or mailed by first
class United States mail addressed to the address set forth below or such other address as a party shall
have last designated by notice in writing to the other party as provided herein. Notice shall be deemed
delivered on the date actually received or two (2) days after mailing, whichever is first.
Grantor: Laguna Pointe Homeowners' Association, Inc.
c/o Development Services Inc.
9601 W. State Street, Suite 203
Boise, ID 83714
Grantee: City of Eagle
c/o Department of Parks & Recreation
660 E. Civic Lane
P.O. Box 1520
Eagle, Idaho 83616
S. Miscellaneous.
A. Binding on Successors. This Easement shall be recorded in the official
records of Ada County, Idaho and shall be binding on the heirs, successors,
administrators, executors and assigns of all parties hereto and shall run with the
land.
B. Counterparts. This Easement may be executed in counterparts, each part
being considered an original document, all parts being but one document.
C. Headings. The headings of the several paragraphs contained herein are for
convenience only and do not explain, define, limit, amplify, or aid in the
interpretation, construction or meaning of the provisions of this Agreement.
D. Non - Exclusive. Grantee's right to use the Easement is not exclusive. The fee
title holders of the Grantor's Property shall have the right to use its property for all
purposes provided that the same shall not unreasonably interfere with the use of
the Easement as provided herein.
E. Compliance with Law. Grantee hereby agrees to comply in all respects with
any and all, federal, state and local statutes, law, ordinances, codes, regulations
and rules in connection with the use of the Easement.
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F. Assignment. Grantee may not assign, transfer, license, delegate and /or grant
all or any part of its rights or privileges hereunder to any person or entity, except
as expressly provided herein.
G. Remedies. In the event of a breach hereunder by any party, the non - breaching
party shall have all remedies available at law or in equity, including the
availability of injunctive relief. In any suit, action or appeal therefrom to enforce
or interpret this Easement, the prevailing party shall be entitled to recover its
costs incurred therein, including reasonable attorneys' fees and costs.
H. Authorization. This Agreement shall become effective only upon authorization
by resolution of the City Council of Eagle and approval by the Mayor.
[remainder of page is intentionally blank]
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CIO
SEAL �?F ;
0 ��•i �xnrantt'4'" O �P•
4,090000 ��$ .
OF ID
[notary acknowledgments follow]
GRANTOR:
LAGUNA POINTE HOMEOWNERS' ASSOCIATION, INC.,
an Idaho nonprofit corporation
By: Z
— ��Steve esident
By: r/ SOS
DarWl-faelfwdrth, Secretary
GRANTEE:
CITY OF EAGLE, a political subdivision of the
State of Idaho _
By: �!
James D. Rey
ATTEST:
Sharon K. Bergmann, City Clerk
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IN WITNESS
WHEREOF, the
undersigned have caused this Access Easement to be executed
the day
and year first
written above.
CIO
SEAL �?F ;
0 ��•i �xnrantt'4'" O �P•
4,090000 ��$ .
OF ID
[notary acknowledgments follow]
GRANTOR:
LAGUNA POINTE HOMEOWNERS' ASSOCIATION, INC.,
an Idaho nonprofit corporation
By: Z
— ��Steve esident
By: r/ SOS
DarWl-faelfwdrth, Secretary
GRANTEE:
CITY OF EAGLE, a political subdivision of the
State of Idaho _
By: �!
James D. Rey
ATTEST:
Sharon K. Bergmann, City Clerk
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STATE OF IDAHO )
) ss.
County of Ada )
On this I tO day of 5f , 2014, before me, the undersigned, a Notary
Public in and for said State, personally appeared Steve Peel and Darcy Hoellwarth, known or identified
to me to be the President and Secretary of LAGUNA POINTE HOMEOWNERS' ASSOCIATION, INC., the
corporation that executed the instrument, or the persons who executed the instrument on behalf of said
corporation, and acknowledged to me that such corporation 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.
�O'1'ARy
P(J BLAG
OF
STATE OF IDAHO )
) ss.
County of Ada )
Notary Public for Ida I
Residing at I (I GYM -�
My commission expires: Le IJ23
On this aX day of %9&1 , 2014, before me, a Notary Public in and for the State of Idaho,
personally appeared James D. Reynolds and Sharon K. Bergmann, known or identified to me to be the
Mayor and the City Clerk of the CITY OF EAGLE, the municipal corporation that executed the instrument
or the persons who executed the instrument on behalf of said municipal corporation, and acknowledged
to me that such municipal corporation executed the same.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and
year first above written.
'�p•`OgTON
NOya 00
♦�� ` �•` Y `.� Nota bIIC for Idah�oQ,, �
PR Residing at: Akky I � Q ✓v
My commission expires:
2
ew
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EXHIBIT A
LEGAL DESCRIPTION OF GRANTOR'S PROPERTY
(THE EASEMENT)
03 T -O ENGINEERS
NGENGi'. -rF, ,, .. ")rSANDPIANN F.
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BOAS? D,, 2008
208 -37" >. �,.. Fl Y� n J232393
Project: 130033
Date: August 5, 2014
Page: 1 of
EXHIBIT "A"
EASEMENT DESCRIPTIONS
City of Eagle Pathway Easements within Lot 35, Block 1 of Coast to Coast Subdivision,
lying outside of the Existing 25 foot wide Easement, Recorded as Instrument No. 99117198,
Records of Ada County, Idaho
Six (6) parcels of land located in Lot 35, Block I 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]
COMMENCING at the northeast corner of Lot 43, Block I of said COAST TO COAST
SUBDIVISON; thence, along the northwest boundary thereof.
A) S.68 015'43 "W., 32.12 feet; thence,
B) S.55 028148 "W., 9.79 feet to the POINT OF BEGINNING; thence continuing,
1) S.55 028148 "W., 114.58 feet; thence leaving said boundary,
2) N.89 032'12 11W.9 63.12 feet to the south boundary of said existing easement
(Instrument No. 99117198); thence along said boundary,
3) N.50 °21'55 "E., 134.76 feet; thence,
4) S.68 °09'21 "E., 57.90 feet to the POINT OF BEGINNING.
CONTAINING: 5,501 square feet (0.126 acres, more or less).
SUBJECT TO: all Covenants, Rights and Easements of Record.
TOGETHER WITH:
PARCEL2
COMMENCING at the northern -most comer of Lot 42, Block I of said COAST TO COAST
SUBDIVISON; thence,
C) S.68 01 TOT9V., 144.40 feet to the south boundary of said existing easement (Instrument
No. 99117198) and the POINT OF BEGINNING; thence, along said south boundary the
following courses:
EXHIBIT A - 1
Project: 13UU33
Date: August 5, 2014
Page: 2 of 4
5) 8.52 °47'44" E.,
164.36 feet; thence,
6) S.13 020120 "E.,
68.94 feet: thence,
7) S. 39 °53'42 "E,
109.29 feet; thence,
8) S.43 051139 "E,
90.57 feet: thence,
9) S.51 011101 "E.,
118.69 feet; thence,
10) S.40 002'22 11E.,
95.45 feet; thence,
11) S31 011118 "E.,
82,37 feet; thence,
12) S.23 020'08 "E.,
97.14 feet: thence, leaving said south boundary,
13) N.35 003158 "W.,
14) N.52° 13'54 "W'.,
IS)NSI °55'31 "W.,
62.68 feet; thence,
119.14 feet; thence,
112.37 feet; thence,
16)N.38 049'58 "W.,
17)N.50 007'17 "W.9
18) N.43 °03'06 "W.,
103.99 feet; thence,
84.72 feet; thence,
54.12 feet; thence,
19)N.19 038112 "W.,
20) N.25 °53' 19 "W.,
21) N.48 °45'26 "W.,150.13
22.96 feet; thence,
99.82 feet; thence.
feet to the POINT OF BEGINNING.
CONTAINING: 8,208 square feet (0.188 acres, more or less).
SUBJECT TO: all Covenants, Rights and Easements of Record.
PARCEL, 3
COMMENCING at the northeast corner of Lot 36, Block I of said COAST TO COAST
SUBDiVISON from which the northwest comer of said Section 21 bears N.71 °31' 19 "W .,
2848.26 feet; thence,
D) N.52 053'07 1V.. 366.41 feet to the POINT OF BEGINNING; thence,
22) S.84 038'39 "W., 123.12 feet; thence,
23)N.75 050114 11W., 128.16 feet; thence,
24)N.53 °30134 "W, 61.37 feet to the south boundary of said existing easement
(Instrument No. 99117198); thence along said boundary the following courses:
25) S.74 059131 "E., 125.84 feet; thence,
EXHIBIT A - 2
Project: 130033
Date: August 5, 2014
Page: 3 of 4
26) S.80 °50'51 "E., 98.54 feet; thence,
27) S.84 °01'21 "E., 77.77 feet to the POINT OF BEGINNING,
CONTAINING: 5,037 square feet (0.116 acres, more or less).
SUBJECT TO: all Covenants, Rights and Easements of Record
TOGETHER WITH:
171;Z91 of.IE!
COMMENCING at the northeast corner of Loi 36.. Block 1 of said COAST TO COAST
SUBDIV ISON from which the northwast corner of said Section 21 bears N.7103 1'19"W.,
2848.26 feet; thence,
E) N.00 027144 "W., 330.84 feet to the south boundary of said existing easement (Instrument
No. 99117198) and the POINT OF BEGINNING; thence, along said boundary the
following courses:
28) N.34 °44'35 "E., 171.06 feet; thence,
29) N.36° 10'26 "E,., 156.88 feet; thence,
30)N.84 057108 11E., 110.79 feet; thence,
31) S.45c23'I I T, 101.01 feet; thence, leaving said boundary,
32)N.63"10'21 "W., 9918 feet; thence,
33)N.88 035'40 "W., 54.71 feet; thence,
34) S.64 024106 01W., 43.28 feet; thence,
35) SA0 0I I'52 "W., 112.74 feet; thence,
36) S.33 003145 "W., 157.17 feet; thence,
37) S.63 038141 "W., 35.17 feet to the POINT OF BEGINNING.
CONTAINING: 8,567 square feet (0.197 acres, more or less).
SUBJECT TO: all Covenants, Rights and Easements of Record.
PARCEL 5
COMMENCING at the northeast corner of Lot 36, Block 1 of said COAST TO COAST
SUBDIVISON from which the northwest comer of said Section 21 bears N.71 °31'19 "W.,
2848.26 feet; thence,
EXHIBIT A - 3
Project: 130033
Date: August 5, 2014
Page: 4 of 4
P') N.64 029134 °E., 735.73 feet to the south boundary of said existing easement (Instrument
No. 99117198) and the POINT OF BEGINNING; thence, along said boundary the
following courses:
38) 5.65 056'22 "E., 137.46 feet; thence,
39) 5.64 013'24 "E., 135.42 feet; thence,
40) S.71 °06'36 "E., 74.84 feet; thence,
41) S.64 02640 "E., 27.48 feet; thence, leaving said boundary,
42)N.72 °11155 1W, 160.84 feet; thence,
43)N.66 023142 "W., 179.15 feet; thence,
44) N.40 032'53 "W.1 39.62 feet to the POINT OF BEGINNING.
CONTAINING: 4,045 square feet (0.093 acres, more or less).
SUBJECT TO: all Covenants, Rights and Easements of Record.
TOGETHER WITH:
PARCEL 6
COMMENCING at the northeast corner of Lot 36, Block I of said COAST TO COAST
SUBDIVISON from which the northwest corner of said Section 21. bears N.71 031'19 "W.,
2848.26 feet; thence,
O) 5.76 029'31" E., 1179.77 feet the south boundary of said existing casement (Instrument
No. 99117198) and the POINT OF BEGINNING, thence along said boundary,
45)S.64027124 1E., 134.81 feet; thence,
46)N.80 021146 "W.5 49.17 feet; thence,
47) S.63 04645 1W, 10.87 feet; thence,
48) N.45 °53'32 "W., 46.99 feet; thence,
49)N.53 026156 "W., 36.93 feet to the POINT OF BEGINNING.
CONTAINING: 1,213 square feet (0.028 acres, more or less)
SUBJECT TO: all Covenants, Rights and Easements of Record.
COMBINED TOTAL AREA OF PARCELS: 32,571 square feet (0.748 acres, more or less).
EXHIBIT "B ", attached and by this reference made a part hereof.
EXHIBIT A - 4
EXHIBIT B
EASEMENT DEPICTION
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EXHIBIT B - 1