Easement - Lonesome Dove Permanent Greenbelt Easement 2015 - 4/10/2015 ADA COUNTY RECORDER Christopher D.Rich 2015-039133
BOISE IDAHO Pgs=6 BONNIE 0510812015 12:03 PM
EAGLE CITY NO FEE
111111111 III IllllIllIIIIII 1 111111 III 1111111 III 'll
00095753201500391330060060
(Reserved for Ada County Recorder)
PERMANENT EASEMENT AGREEMENT
THIS PERMANENT EASEMENT AGREEMENT (the "Agreement"), made and
entered into this L day of April, 2015, by and between RIVER DISTRICT
HOMEOWNER'S ASSOCIATION, INC., 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" and depicted on Exhibit "B", which
exhibits are attached hereto and incorporated herein by this reference (hereinafter the
"Servient Estate").
1.2 GRANTEE 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.
1.3 The desired Easement is a twenty-foot (20') wide strip of land that is a
portion of the Servient Estate located on Lot 1, Block 9, of Lonesome Dove Subdivision.
1.4 The southern terminus of the Easement is contiguous with and as such
provides access to that certain twenty-five foot (25') wide Greenbelt Easement, Ada
County, Idaho, Instrument No. 94048233 (the "Greenbelt").
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:
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K Manning DeptlEagle Applicalionr1SUB5\20061Lonefome Dove pathway agreement does
(a) To be used for a public non-motorized, biking and pedestrian pathway (the
"Pathway") that allows the public to bike or walk on the Easement between the
southern terminus of the public street, South Edgewood Way, and the Greenbelt.
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 has entered into
SECTION 4. Maintenance
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 and sound engineering practices.
SECTION 5. 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 6. Indemnification.
GRANTEE hereby indemnifies and saves and holds GRANTOR harmless from
and against any and all claims for loss, injury, death or damage, and reasonable
attorney's fees and costs that may be incurred by GRANTOR in defending such claims,
caused by or arising out of any repair or maintenance of the Pathway on the Servient
Estate, thereof by or under the authority of GRANTEE.
SECTION 7. 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 8. Exhibits.
All exhibits attached hereto and the recitals contained herein are incorporated
herein as if set forth in full herein.
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K\Planning Dept'Eagle Applica tions\SUAS12Qt161I.anesome Dove pathway agreement dots
SECTION 9. 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 10. Recordation.
This Agreement shall be recorded in the Official Real Property Records of Ada
County, Idaho.
SECTION 11. 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.
CITY OF EAGLE RIVER DISTRICT HOME OWNERS'
ASSOCIATION
All Gr42-/ ‘040441111
J Reyno •sl ayor - Corey arp, Direct..
ATTEST:
Sharon Bergmann, City erk
ovOiti S,
* SOON •
SEAL •
an I
ors
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K-,_PIunning Dept)Eagte Applications.SUBS\2006\Loncaome Dove pathway agreement daex
STATE OF IDAHO )
. ss.
County of Ada )
On this lD day of April, 2015, before the undersigned notary public in and for
the said state, personally appeared 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
first above written. /
ALP
Notary r'u• or Idaho /
Residi dr
My Co issi,,n Expires: i,,,,„0-
STATE OF IDAHO ) 4,
,
. ss.
County of ADA )
On this tO day of April, 2015, before the undersigned notary public in and for
the state, personally appeared Corey Elitharp, known or identified to me to be a Director
of River District Home Owners' Association, 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.
'���aN Notary Public for Idaho
40,%0 REk Residing at &r-`�-�y , Idaho
• ��G My commission expires 1-v�-Z\
fOTAk Y
` , PUB eO
'rso� �o�
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K+Planning Dept+Eagle Applications\SUHS∎2006'Lentiome Dove pathway agreement doc,
EXHIBIT A
LAND DESCRIPTION
Greenbelt Easement
A strip of land twenty(20)feet wide, lying westerly and southerly of, along and adjacent to
a line in the SE1/4 of Section 16,Township 4 North, Range 1 East, B.M., Ada County, Idaho,
City of Eagle; said line being more particularly described as follows:
Commencing at the east quarter(E1/4) corner of said Section 16;
thence N89°50'51'W 203,94 feet along the north line of the SE1/4 of said Section 16 to the
POINT OF BEGINNING;
thence the following the boundary of Lonesome Dove Subdivision S00°27'05"W 105.80 feet;
thence S89°53'03"E 203.31 feet;
thence S00947142"W 250.88 feet;
thence departing from the boundary of Lonesome Dove Subdivision S89°27107"W 20.01
feet;
thence N00°47'42"E 231.11 feet;
thence N89°53'03"W 203.18 feet;
thence N00°27'05"E 125.82 feet;
thence 589°50'51'E 20,00 feet to the POINT OF BEGINNING;
It being the intention that the south ends of the line of the twenty(20)foot wide strip
described herein be extended or shortened to terminate on the north line of the twenty-five
foot(25) foot wide strip as described in said Instrument Number 94048233, records of Ada
County.
The basis of bearing for this description being the plat of Lonesome Dove Subdivision as
recorded in Book 101, Pages 13461 through 13468 in the Book of Plats, records of Ada County.
Page 1of1
EXHIBIT"B"
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