Easement - Laguna Pointe Access Easement/Premier Industrial LLC - 10/14/2014 After Recording ADA COUNTY RECORDER Christopher D.Rich 2014-088467
Return to: BOISE IDAHO Pgs=8 BONNIE 101301201411:11 AM
EAGLE CITY NO FEE
re McLain
Moore re Smith Buxton&Turcke,Chtd 111111111 I IIIIIIIIIIIIIIIIIII III II 111111111111 III
Moo
950 W. Bannock Ste. 520 00036623201400884670080081
Boise, Idaho 83702
FOR RECORDING INFORMATION
ACCESS EASEMENT
This Access Easement is made effective this 20th day of October, 2014, by and between Premier
Industrial LLC ("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. Grantee shall complete, or cause to be completed, all
improvements to the Easement. 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.
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
Access Easement- 1
members, managers, tenants, employees, guests, invitees or agents, from 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 members, managers,
tenants, employees, guests, invitees, or agents, arising out of or in relation to the use of the Easement by
Grantee or the public. 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: Premier Industrial LLC
11299 Bass Lane
Caldwell, ID 83605
Grantee: City of Eagle
do Department of Parks&Recreation
660 E. Civic Lane
P.O. Box 1520
Eagle, Idaho 83616
8. 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 Access
Easement.
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.
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
Access Easement-2
or interpret this Easement, the prevailing party shall be entitled to recover its
costs incurred therein, including reasonable attorneys'fees and costs.
H. Authorization. Grantee warrants and represents that this Access Easement has
been authorized by resolution of the City Council of Eagle and approved by the
Mayor.
I. Recording. This Access Easement is subject to all matters of record on the date
this Access Easement is recorded in the office of the Recorder of Ada County;
Grantee shall record this Access Easement and return a copy of the recorded
Access Easement to Grantor.
(remainder of page is intentionally blank]
Access Easement-3
IN WITNESS WHEREOF, the undersigned have caused this Access Easement to be executed
the day and year first written above.
GRANTOR:
PREMIER INDUSTRIAL, LLC
By: / ,I.
teve , ember
GRANTEE:
CITY OF EAGLE, a political subdivision of the
State of Idaho
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James D. Rey oldl Mayor
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% 11TE OF tot` haron ' . Bergmann, City Clerk ,
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[notary acknowledgments follow]
Access Easement-4
STATE OF IDAHO )
)ss.
County of Ada ) 1
On this o� !—day of OC-k-ob-e� , 2014, before me, the undersigned, a Notary
Public in and for said State, personally appeared Steve Peel, known or identified to me to be the Member
of Premier Industrial, LLC, the company that executed the instrument, or the person 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.
C11-564. k...t4 ;kilIACii\j;
AC 4 DoT AR 1' •a= Notary Public for Idaho•
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STATE OF IDAHO )
)ss.
County of Ada )
On this_day of , 2014, before me, a Notary Public in and for the State of Idaho,
personally appeared James D. Reynolds, 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.
Notary Public for Idaho
Residing at:
My commission expires:
Access Easement-5
STATE OF IDAHO
) ss.
County of Ada
On this day of , 2014, before me, the undersigned, a Notary
Public in and for said State, personally appeared Steve Peel, known or identified to me to be the Member
of Premier Industrial, LLC, the company that executed the instrument, or the person 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.
Notary Public for Idaho
Residing at
My commission expires:
STATE OF IDAHO
) ss.
County of Ada
On this al day of P-e-A , 2014, before me, a Notary Public in and for the State of Idaho,
personally appeared James D. Reynolds, known or identified to me to be the Mayor 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.
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Access Easement-5
77309603.2 0053300-00002
T•O ENGINEERS
CONSULTING ENGINEERS,SURVEYORS AND PLANNERS
9777 CHINDEN BOULEVARD
BOISE, IDAHO 83714-2008
208-323-2288•FAX 208-323-2399
Project No: 130145
Date: October 15,2014
Page: 1 of 1
EXHIBIT"A"
Land Description for the City of Eagle Pathway Easement
A parcel of land being a portion of Lot 43,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:
BEGINNING at the northeast corner of said Lot 43, Block 1 of said COAST TO COAST
SUBDIVISON; thence,along the east boundary thereof,
1) S.01°16'39"W., 84.25 feet;thence,
2) S.89°46'41"W., 133.89 feet to the northwest boundary of said Lot 43;thence, along
said boundary,
3) N.55°28'48"E., 128.56 feet;thence,
4) N.68°15'43"E., 32.12 feet to the POINT OF BEGINNING.
CONTAINING: 6,095 square feet(0.14 acres, more or less).
SUBJECT TO: Record Documents.
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BOISE, IDAHO 83714-2008
PHONE:(208)323-2288 FAX:(208)323-2399
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C E-FILE: 130145/acaddwg/surv/Parcel 43 DATE Oct, 2014 JOB:130145