Easement - Smith Brighton, Inc. - 2021 - Parcel #S0402123000 - Servient Estate non-motorized easement ADA COUNTY RECORDER Phil McGrane 2021-053482
BOISE IDAHO Pgs=5 BONNIE OBERBILLIG 04/05/2021 09:35 AM
CITY OF EAGLE,IDAHO NO FEE
(41.¢c;Above: 1s R('.SE:rve o the Ada C. w!:1v Recorder)
PERMANENT NON-MOTORIZED PUBLIC PATHWAY EASEMENT
AGREEMENT
THIS PERMANENT NON-MOTORIZED PUBLIC PAT„,H1VAY EASEMENT
AGREEMENT (the "Agreement"), made and entered into this +da✓ of March
2021, by. and between Smith Brighton, Inc. hereinafter referred 4o as "Grantor",
vrsIa}1" and
the
City o'� Eagle, K corporate 1C'i:.
a i °•r.�.-^., c'�. body 'i£?}?�?^� and the :�I?.�;f' i).�Idaho, t j' through. ¢ ;�
Council, the "Grantee":
RECITALS
WHEREAS Grantor owns certain parcels of readproperty located toAda County,
i. �;, t� in LC3i?t? ,
State of Idaho known as Parcel: S040212 000 in the records of the Ada County
Assessor. (This parcel is hereinafter referred to the << Estate"),
e ").
� �c"'Ynel� Siff>c
WHEREASGrantee desires7 t
?.T��;i:.x,vv £.L� obtaint3 1��:£^.��).>,:< cr� Pathway �. -,
°?!'i.?:.. Public c�x2 stY �"?3._� :.yf:?2S
forthat purpose o under, overand across the Servient Estate. On the terms and
conditions hereinafter set forth, and Grantor is willing li??.g to grant such f.aser:cif.t to
Grantee.
ee.
NOW,
X ' f`R .F?.•(�'>�&_f N�� C ND cilie`!� R OF YAW MENT
NOW, THEREFORE, in consideration mutualcovenantsconditions
. fy 31 of the I.4��I.C4: and
herein contained, and for other good and valuable consideration,
5rati"F, the receipt
y f and
sufficiency of which is hereby acknowledged by the Grantor, t Zpartiesern o,
the hereto, for
themselves, their heirs, successorsand assigns, `{I^c �: follows:
x• Grant of Easement; Grantor hereby grants to Grantee a non-e ctu;;iv
e,
permanent and perpetual e .seine :runderneath the Servient
Iz' over, on, 8=.£:.['�SS3,; and through +:1�. ::�.:y4€(:d1.i.
Estate within the twenty-five oot (2 ' Easement Area nlegally
>: .�.,a. described in Exhibit A
and graphically depicted in Exhibit B attached hereto and incorporated herein.
Porno is of a ie E: The _'asp? ient: Area shall be used ' a "? .
public pathway ay that allows ows €. publictowalk, othern
,• l?.� bike, run, as well as forms ofnon-
Permanent Non-Motorized Public Pathway Easement Agreement
motorized recreation and transportation on the Easement Area. However, nothing
herein shall preclude Grantee, its agents, employees, contractors, and assigns, to
traverse said Easement Area with vehicles and equipment, and to make such
improvements and excavations thereon and thereunder as may be reasonably necessary
to construct, install, maintain, repair, replace, and operate the public pathway within
the Easement Area.
3. Maintenance: Grantor shall maintain the physical integrity of the public pathway and keep
said pathway in good condition and repair and as required to satisfy all requirements of applicable
state and federal laws,and sound engineering practices.
4. Signage: Grantor shall not display signage of any kind directed to the public pathway
unless approved by the Grantee.
5. Indemnification: To the extent permitted by law, Grantor shall indemnify,
hold Grantee 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
Easement Area.
6. Covenants Run with the Land: The covenants contained in this Agreement and
the permanent easement granted herein shall be a burden upon the Servient Estate and
shall inure to the benefit of and be binding upon the parties hereto and their successors
and assigns.
7. Incorporation of Exhibits and Recitals: All Exhibits attached hereto and the
Recitals contained herein are incorporated herein as if set forth in full herein.
8. Recordation: This Agreement shall be recorded in the Official Real Property
Records of Ada County, Idaho.
9. 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. The undersigned certify that they
are authorized to execute this Agreement.
[SIGNATURES NEXT PAGE]
Permanent Non-Motorized Public Pathway Easement Agreement -2
GRANTOR: GRANTEE:
� t
Robert L. Phillips, Vice President Jason Pierce, Mayor
A ST:
racy E s m, Cityrie : *
•t SEAL,
STATE OF IDAHO ) '•,• 4ttP) 1, ,;:
q •••••
County of Ada ) SS. '+++ ,,, !
11'
On this ?D day of ./-s_ -Gt-k , 2021, before me, the
undersigned, a Notary Public in and for said State, personally appeared ROBERT L. PHILLIPS,
known or identified to me to be Vice President of Smith Brighton, Inc. the company
that executed the instrument or the person who executed the instrument on behalf of
said company, and acknowledged to me that such company executed the same.
IN WITNESS WHEREOF, I have hereunto se ly hand and affixed y fficial seal the
day and year in this certificate first above writte
SHARI VAUGHAN I Notary ublic for Idaho
t Notary Public-State of Idaho I
Commission Number 20181002 I Residing at
t My Commission Expires Jun 1, 2024 My commission expires: 6,- 1.-aQ a�
ST
. ss.
County of Ada )
On this 'j0 day of rnadeh , 2021, before the
undersigned notary public in and for the said state, personally appeared JASON
PIERCE, 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. - ,,..,,,,,.,�
ti� CSEAr.
ter+ ��.N.•�
No ry Public for Idaho O.•'' `�
Tdo.`c1C0 'Z t10TAR Y t�,
Residingit
at: 1;a �12.
My commission expires: 2�2b 2 p
t t
• 'S. O s
Permanent Non-Motorized Public Pathway Easement Agreement -3 '•y�q��,,',,,,,, �P'Z;••'•,
Exhibit "A"
EXHIBIT /4
DESCRIPTION FOR
LANEWOOD SUBDIVISION NO. 7
PATHWAY EASEMENT
A portion of the NE 1/4 of Section 2, T.4N., R.1 W., B.M., City of Eagle,Ada County,
Idaho being more particularly described as follows:
BEGINNING at the East lot corner common to Lots 4 and 5, Block 14 of Lanewood
Subdivision No. 6 as filed in Book 119 of Plats at Pages 18,393 through 18,398, records of Ada
County, Idaho,from which the NE corner of said Lot 4 bears North 00°00'00" East, 108.11 feet;
thence North 54°00'58"East, 178.04 feet;
thence South 88°36'09"East,41.18 feet;
thence South 54°00'58"West, 230.45 feet to a point on the East boundary line of said
Lot 5;
thence along said East boundary line North 02°14'37"East, 31.82 feet to the POINT OF
BEGINNING.
" l 7729 o7o
dy, f1t5\t\
•
Page 1 of 1
Exhibit "B"
S88'36'19"E
— —7. 41.18'
NE CORNER -- —— —— —— —-
LOT 4, BLOCK 14
wl
LANEWOOD o $ �1� ��� %'�
SUB. NO. 6 o 105
y 4. ' t, 47�tti,^-`�
BLOCK 14 z 1 cP �°�
OPOINT OF ,s''-QP-!:�p0
BEGINNING 4 '
N2'14'37"E-- ., "
31.82' i' BLOCK 14
0
77770 LANEWOOD
SUB. NO. 7
0
\ \
F Fdt.
\ 44
772to
9 �I
m� ))t5tz1 4'
s1' OF ti�,��
HILL,
`'' Y c3,c►5`
10 60 180
0 30 120
SCALE: 1" = 60'
wWwimb►Sub Na 7 20-05191Amo\L4NYWISPO 7 PATHWAY EASY drG ,1 'ana±17..W IH ay
IDAHO EXHIBIT L3 DRAWING FOR No.il
SURVEY 9935 EMERALD S1'. LANEWOOD SUBDIVISION NO. 700
0
8013E,E,IDAHO 63704 MET NO.
(208)848-8570 PATHWAY EASEMENT 1
GROUP, LLC LOCATED IN THE NE 1/4 OF SECTION 2 T.4N., RAW., B.M. DWG. DATE
Y CITY OF EAGLE, ADA COUNTY,IDAHO 1/25/2021