Easement - Gardner Mace Ranch, Inc - 2015 - Mace River Ranch - Pathway EasementRecording Requested By and
When Recorded Return to:
Geoffrey M. Wardle
KC GARDNER COMPANY, L.C.
101 S. Capitol Boulevard, Suite 1700
Boise, Idaho 83702
ADA COUNTY RECORDER Christopher D. Rich 2015- 074171
BOISE IDAHO Pgs =12 VICTORIA BAILEY 08/13/2015 01:36 PM
NO FEE
EAGLE CITY
111111111111 1111111111111111111111111111111111111
SPACE ABOVE THIS LINE FOR RECORDER'S USE ONLY
PERMANENT EASEMENT AGREEMENT
THIS PERMA
JNENT EASE E T AGREEMENT ( "Agreement "), made and
entered into this day of , 2015, by and between GARDNER
MACE RANCH, L.C. 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 I. 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 " Servient Estate ").
1.2 A public pathway has been constructed within the Dominant Estate
and 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.
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 construction and placement of a public pathway and
related improvements on the Servient Estate, and
(b) The maintenance and repair of such public pathway,
structures, and improvements.
PERMANENT EASEMENT AGREEMENT
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 public pathway is not compromised by such activities.
2.3 This Agreement is also made subject to all existing easements of
record, including those pipeline easements previously recorded for the
Tesoro /Chevron pipeline as set forth in the instruments recorded in the official
records of Ada County, Idaho as recorded on October 17, 1949 as Instrument No.
292503 and recorded on April 27, 1951 as Instrument Number 317700, which this
Easement granted herein may intersect.
SECTION 3. Consideration.
This easement for the public pathway is granted in accordance with the
provisions of Section 3.12 of the Development Agreement previously executed
between GRANTOR and GRANTEE and recorded as Instrument No 113029195
on March 18, 2013, in the Official Records of Ada County, Idaho.
SECTION 4. Construction and Installation.
The construction of the public pathway on, under, over and across the
Servient Estate, has previously been completed by GRANTOR. All costs and
expenses related to the design, construction, maintenance and repair of the public
pathway, hereafter, 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 public 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.
GRANTEE hereby agrees to protect, defend, indemnify and hold harmless
GRANTOR, GRANTOR's members, employees, representatives, and /or agents;
the Mace Ranch Owners Association, Inc., together with its members, employees,
PERMANENT EASEMENT AGREEMENT 2
representatives, and /or agents; and their successors and assigns; for, 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; the Mace Ranch Owners
Association, Inc., together with its members, employees, representatives, and /or
agents; and their successors and assigns; 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.
GRANTOR hereby agrees to protect, defend, indemnify and hold harmless
GRANTEE, GRANTEE's employees, representatives, and /or agents; and their
successors and assigns; for, 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 GRANTEE, GRANTEE's employees, representatives, and /or agents; and
their successors and assigns; arising out of or in relation to the use of the
easement by GRANTOR, except to the extent (if any) such liabilities, costs or
expenses are caused by, arise out of, result from or relate to GRANTEE'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.
PERMANENT EASEMENT AGREEMENT 3
STATE OF IDAHO )
) ss.
COUNTY OF ADA )
On this day of U , 201 before me, Gam__,
a Notary Public in and for the said state, personally appeared JAMES D.
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 the City
executed the same.
ilk
j AR 1,
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Notary Publi9vaT r tate of
Residing at
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Commission Ex ires: e,
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/01a. / a
STATE OF UTAH )
) ss.
COUNTY OF &AtT--LAKE )
a cicz.
On this Z6 day of %--AC-Lc -! , 201 _ before me, L9e -ems
a Notary Public in and for said State, personally appeared CHRISTIAN GARDNER, known
or identified to me to be the Manager of KC Gardner Company, L.C., a Utah limited liability
company, the Manager of Gardner Mace Ranch, L.C., a Utah limited liability company, and
the Manager who subscribed said company name to the foregoing instrument, and
acknowledged to me that he executed the within instrument on behalf of said KC Gardner
Company, L.C., and that such KC Gardner Company, L.C., executed the same in the name
of Gardner Mace Ranch, L.C.
IN WITNESS WHEREOF, I
the day and year first above written.
= 03R S EAL'
STATE '0
have hereunto set my hand and affixed my official seal
2. �L6--
Notary Public State of A o
Residing at 3Q
Commission Expires: e" /'- -/ /r o LO
EXHIBIT "A"
DESCRIPTION OF EASEMENT
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Mace River Ranch Subdivision
Greenbelt
Boundary Description
Project Number 10 -14 -092 December 17, 2014
A 20 -foot wide easement situated in Lot 2 of Block 1 of Mace River Ranch Subdivision No. 1(Book 106 of
Plats at Pages 14540 through 14547, records of Ada County, Idaho); Government Lots 1 & 2, the north
half of the northwest quarter, and the bed of the 1867 North Channel of the Boise River of Section 17,
Township 4 North, Range 1 East, Boise Meridian; City of Eagle; Ada County, Idaho; and being 10.00 feet
on each side of the following described center line:
Commencing at the east quarter - section corner of Section 17, Township 4 North, Range 1 East, Boise
Meridian, from which the northeast corner of Section 17 bears N00 °55'42 "E, 2640.97 feet,
Thence S00 °55'56 "W, 42.86 feet along the east line of Government Lot 8;
Thence, at a right angle, N89 004'04 "W, 52.72 feet to the west right -of -way line of South Eagle Road
(Highway 55); the Mace/Warren property line per agreement (Record of Survey 306 Instrument Number
8151134, Quitclaim Deed Instrument Number 98076971, Record of Survey 2500 Instrument Number
9342159; Record of Survey 425 Instrument Number 8251977, records of Ada County, Idaho); the
boundary of Two Rivers Subdivision (Book 80 of Plats at Pages 8661 thru 8665, records of Ada County,
Idaho) and the boundary of Mace River Ranch Subdivision No. 1;
Thence N06 °55'04 "W, 71.12 feet along the boundary of Mace River Ranch Subdivision No. 1;
Thence N00 °58'07 "E, 246.23 feet along the boundary of Mace River Ranch Subdivision No. 1;
Thence N00 °54'08 "E, 218.99 feet along the boundary of Mace River Ranch Subdivision No. l to the
northeast comer of lot 1 of Block 1 of Mace River Ranch Subdivision No. 1;
Thence N87 °44'46 "W, 353.88 feet along the north line of lot 1 of Block 1 of Mace River Ranch
Subdivision No.1 to the POINT OF BEGINNING:
Thence N38 °00'00 "W, 27.74 feet along the center line of the pedestrian access easement
depicted on the plat of Mace River Ranch Subdivision No. 1;
Thence N37 °00'00 "W, 108.00 feet along the center line of the pedestrian access easement
depicted on the plat of Mace River Ranch Subdivision No. 1;
Thence N22 °00'00 "W, 51.00 feet along the center line of the pedestrian access easement
depicted on the plat of Mace River Ranch Subdivision No. 1;
Thence N26 °00'00 "W, 111.00 feet along the center line of the
pedestrian access easement depicted on the plat of Mace River Ranch
Subdivision No. l;
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UB 1 U 8 COMPANIES � ® � Mo
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Greenbelt continued...
Thence N18 °00°00 "W, 81.00 feet along the center line of the pedestrian access easement
depicted on the plat of Mace River Ranch Subdivision No. 1;
Thence N21 °00'00 "W, 81.00 feet along the center line of the pedestrian access easement
depicted on the plat of Mace River Ranch Subdivision No. 1;
Thence N35 °00'00 "W, 92.00 feet along the center line of the pedestrian access easement
depicted on the plat of Mace River Ranch Subdivision No. 1;
Thence N29 600'00 "W, 85.00 feet along the center line of the pedestrian access easement
depicted on the plat of Mace River Ranch Subdivision No. 1;
Thence N06 °00'00 "W, 51.08 feet;
Thence N20 000'00 "W, 54.14 feet to the center line of the pedestrian access easement depicted
on the plat of Mace River Ranch Subdivision No. 1;
Thence N11 000'00 "W, 10.00 feet along the center line of the pedestrian access easement
depicted on the plat of Mace River Ranch Subdivision No. 1;
Thence N15 000'00 "W, 96.00 feet along the center line of the pedestrian access easement
depicted on the plat of Mace River Ranch Subdivision No. 1;
Thence N10 °00'00 "W, 155.00 feet along the center line of the pedestrian access easement
depicted on the plat of Mace River Ranch Subdivision No. 1;
Thence N26 °00'00 "W, 155.00 feet along the center line of the pedestrian access easement
depicted on the plat of Mace River Ranch Subdivision No. 1;
Thence N22 °00'00 "W, 145.00 feet along the center line of the pedestrian access easement
depicted on the plat of Mace River Ranch Subdivision No. 1;
Thence N34 °00'00 "W, 56.00 feet along the center line of the pedestrian access easement
depicted on the plat of Mace River Ranch Subdivision No. 1;
Thence N46 °00'00 "W, 124.00 feet along the center line of the
pedestrian access easement depicted on the plat of Mace River Ranch
Subdivision No. 1;
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Greenbelt continued...
Thence N59 °00'00 "W, 199.00 feet along the center line of the pedestrian access easement
depicted on the plat of Mace River Ranch Subdivision No. 1;
Thence N65 °00'00 "W, 50.00 feet along the center line of the pedestrian access easement
depicted on the plat of Mace River Ranch Subdivision No. 1;
Thence N70 °00'00 "W, 83.00 feet along the center line of the pedestrian access easement
depicted on the plat of Mace River Ranch Subdivision No. 1;
Thence N78 °00'00 "W, 55.00 feet along the center line of the pedestrian access easement
depicted on the plat of Mace River Ranch Subdivision No. 1;
Thence S89 °00'00 "W, 92.00 feet along the center line of the pedestrian access easement
depicted on the plat of Mace River Ranch Subdivision No. 1;
Thence S85 000'00 "W, 172.00 feet along the center line of the pedestrian access easement
depicted on the plat of Mace River Ranch Subdivision No. 1;
Thence S89 °00'00 "W, 118.00 feet along the center line of the pedestrian access easement
depicted on the plat of Mace River Ranch Subdivision No. 1;
Thence S76 °00'00 "W, 143.00 feet along the center line of the pedestrian access easement
depicted on the plat of Mace River Ranch Subdivision No. 1;
Thence S83 °00'00 "W, 229.00 feet along the center line of the pedestrian access easement
depicted on the plat of Mace River Ranch Subdivision No. 1;
Thence N87 °00'00 "W, 155.00 feet along the center line of the pedestrian access easement
depicted on the plat of Mace River Ranch Subdivision No. 1;
Thence N73 °00'00 "W, 48.00 feet along the center line of the pedestrian access easement
depicted on the plat of Mace River Ranch Subdivision No. 1;
Thence N83 °00'00 "W, 134.00 feet along the center line of the pedestrian access easement
depicted on the plat of Mace River Ranch Subdivision No. 1;
Thence N74 900'00 "W, 191.00 feet along the center line of the
pedestrian access easement depicted on the plat of Mace River Ranch
Subdivision No. 1;
OF
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Greenbelt continued...
Thence N72 °00'00 "W, 164.37 feet along the center line of the pedestrian access easement
depicted on the plat of Mace River Ranch Subdivision No. 1;
Thence N76 °37'11 "W, 47.44 feet along the center line of the pedestrian access easement
depicted on the plat of Mace River Ranch Subdivision No. 1;
Thence N83'00'00 "W, 75.98 feet along the center line of the pedestrian access easement
depicted on the plat of Mace River Ranch Subdivision No. 1;
Thence N78'00'00 "W, 215.00 feet along the center line of the pedestrian access easement
depicted on the plat of Mace River Ranch Subdivision No. 1;
Thence N87'00'00 "W, 95.00 feet along the center line of the pedestrian access easement
depicted on the plat of Mace River Ranch Subdivision No. 1;
Thence N74'00'00 "W, 142.00 feet along the center line of the pedestrian access easement
depicted on the plat of Mace River Ranch Subdivision No. 1;
Thence N81'00'00 "W, 214.00 feet along the center line of the pedestrian access easement
depicted on the plat of Mace River Ranch Subdivision No. 1;
Thence S90 °00'00 "W, 72.00 feet along the center line of the pedestrian access easement
depicted on the plat of Mace River Ranch Subdivision No. 1;
Thence S79'00'00 "W, 111.00 feet along the center line of the pedestrian access easement
depicted on the plat of Mace River Ranch Subdivision No. 1;
Thence S77 °00'00 "W, 94.00 feet along the center line of the pedestrian access easement
depicted on the plat of Mace River Ranch Subdivision No. 1;
Thence S68 °00'00 "W, 59.00 feet along the center line of the pedestrian access easement
depicted on the plat of Mace River Ranch Subdivision No. 1;
Thence 576'00'00 "W, 52.00 feet along the center line of the pedestrian access easement
depicted on the plat of Mace River Ranch Subdivision No. 1;
Thence N75'00'00 "W, 144.00 feet along the center line of the
pedestrian access easement depicted on the plat of Mace River Ranch
Subdivision No. 1;
Page 4 of 5
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Greenbelt continued...
Thence N85 °00'00 "W, 59.00 feet along the center line of the pedestrian access easement
depicted on the plat of Mace River Ranch Subdivision No. 1;
Thence N87.00'00 "W, 69.38 feet along the center line of the pedestrian access easement
depicted on the plat of Mace River Ranch Subdivision No. i to the west boundary of Mace River
Ranch Subdivision No. 1;
Thence N88 °00'00 "W, 85.00 feet;
Thence N80 000'00 "W, 175.00 feet,
Thence N75.00'00 "W, 320.00 feet;
Thence NSO °00'00 "W, 25.00 feet;
Thence N32 °00'00 "W, 35.00 feet;
Thence N71 °00'00 "W, 75.00 feet;
Thence N63 °00'00 "W, 185.00 feet;
Thence N80 °00'00 "W, 40.00 feet;
Thence S79 °00'00 "W, 55.00 feet;
Thence S65 000'00 "W, 140.00 feet;
Thence S54 °00'00 "W, 51.21 feet to the west line of the north half of the northwest quarter of
Section 17, the POINT OF ENDING.
The side lines of the above - described easement shall extend or contract to form a closed figure and to
close on the property lines at the POINT OF BEGINNING and the POINT OF ENDING.
The above - described easement contains 2.73 acres, more or less.
or
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SECTION 12. Governing Law, Jurisdiction, and Venue.
Notwithstanding any claim or cause of action, the liability of GRANTEE is at
all times herein strictly limited and controlled by the provisions of the Idaho Tort
Claims Act, as now or hereinafter amended. Nothing herein shall be deemed a
waiver of any privilege, immunity, protection or defense afforded to Eagle as a
political subdivision of the State of Idaho, under the Idaho Constitution, the Idaho
Tort Claims Act, or any other applicable law. This Agreement shall be construed
and interpreted in accordance wit h 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 GARDNER MACE RANCH, L.C.
a Utah limited liability company,
k1111 - by its manager
KC GARDNER COMPANY, L.C.
OL S, MAYOR a Utah limited liability company
ATTEST:
By:
Name: Christian Gardner
Title: Manager
1 �an pl-
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PERMANENT EASEMENT AGREEMENT 4