Easement - WPG BEP, LLC - 2021 - Bald Eagle Pointe - Pedestrian Pathway in Bald Eagle Pointe Sub #1 ADA COUNTY RECORDER Phil McGrane 2021-115776
BOISE IDAHO Pgs=14 CHE FOWLER 08/04/2021 08:53 AM
Project Name(Subdivision): CITY OF EAGLE,IDAHO NO FEE
82id Eagle Pointe Subdivision Pathway Easement
Reserved for Ada County Recorder
PEDESTRIAN PATHWAY EASEMENT
THIS ERMANENiT EASES • AGREEMENT ("Agreement") is made and entered into this/1714"
day of 2021 ("Effective Date"), by and between Woodbridge Pacific
Group, LLC,a Califo a limited liability company,Manager of WPG BEP, LLC, a Delawarelimited
liability company,whose address is 27271 Las Ramblas, Suite 100, Mission Viejo,California 92691,
hereinafter referred to as "Grantor", and the City of Eagle, an Idaho municipal corporation, by
and through its Department of Parks and Recreation("Grantee"),Whose address is 660 E. Civic Lane,
Eagle, Idaho 83616.
1. BACKGROUND.
1.1 Grantor's Real Property. Grantor is the owner of that certain real property located
in the County of Ada, State of Idaho, more particularly described on Exhibit A, attached hereto and
make a part hereof, and commonly known. as Bald Eagle Pointe Subdivision No. I ("Grantor's
Property"); and
1.2 Easement Real Property. Grantor and Grantee desire to establish a paved public
pathway through and across a portion of Grantor's property as more particularly described and
depicted in Exhibit B, attached hereto and made a part hereof ("Easement Property"). Grantee has
requested Grantor to convey to Grantee a non-exclusive easement on the Easement Property for
the purposes described in Section 2.2 below.
1.3 Purpose of Agreement.The purposes of this Agreement are(i)to describe the easement
granted; and (ii) to establish the relative rights and obligations of the partiesregarding the
easement granted under this Agreement.
2. GRANT OF EASEMENT. •
2.1 Grant. For value received, Grantor hereby grants and conveys to Grantee, and
Grantee hereby accepts, a perpetual easement on, over and across the Easement Property forthe
purposes described in Section 2.2 herein; and
2.2 Purposes of Easement. Except as otherwise provided in this Agreement or as
otherwise permitted by Grantor,the easement conveyed hereby shall be used solely for the following
purposes:
(a) Maintenance and operation of a paved pathway for non-motorized uses that
shall be open to use by the general public. No motorized vehicles of any kind whatsoever shallbe
permitted on the Easement Property,except those used for the maintenance of the pathway by Grantee.
Bald Eagle Point Pedestrian Pathway Easement
(b) The public shall have the right of access to the easement for non-motorized vehicle
and pedestrian use.
2.3 Use by Grantor. This Agreement does not extend to Grantee the right to use the surface
of the Easement Property 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 Easement Property, provided the structural integrity or uninhibited use by
the public of the public pathway is not compromised by such activities.
2.4 Term of Easement. The term of this Agreement shall be perpetual.
2.5 Construction and Installation. The construction of the public pathway on, overand
across the Easement Property shall be completed by Grantor. All costs and expenses related to the
maintenance and repair of the public pathway thereafter shall be the sole responsibility and obligation
of, and shall be paid by, Grantee.
2.6 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.
2.7 Easement Obstructions. No fence or other barrier shall be erected or permitted
within or across the Easement Property which would prevent or obstruct the passage of pedestrian
or non-motorized vehicular travel; provided, however, that the foregoing shall not prohibit the
temporary erection of barricades which are reasonably necessary for security and/or safety purposes
in connection with the construction, reconstruction, repair and maintenance of improvements,
including the easement, on Grantor's property, it being agreed by the parties, however, that such
work shall be conducted in the most expeditious manner reasonably possible to minimize the
interference with the use of the easement by Grantor, and such work shall be diligently prosecuted
to completion.
3. COVENANTS AND AGREEMENTS OF GRANTOR.
3.1 Binding Effect. Grantor, on behalf of Grantor and the Grantor's heirs, successors, assigns,
purchasers,or transferee of any kind,covenants and agrees with Grantee and Grantee's heirs, successors,
assigns, purchasers, or transfer of any kind, that the provisions of this Agreement (i) shall run with and
bind the Easement Property,and(ii) shall inure to the benefit of, and be enforceable(at law or in equity)
by any owner of all or part of,the Easement Property.
3.2 Construction of Pathway. Grantor will construct public pathways across the Easement
Property in accordance with the standards of the City of Eagle and pursuant to the rules, regulations
and policies of the City of Eagle.
Bald Eagle Point Pedestrian Pathway Easement
4. COVENANTS AND AGREEMENTS OF GRANTEE.
4.1 Maintenance of Pathway. Grantee covenants and agrees that they will maintain said
pathway in a manner consistent with the purposes set forth in Section 2.2 of this Agreement and pursuant
to the rules, regulations and policies of the City of Eagle.
4.2 Signs. Grantee shall be permitted to post such signage on and along said publicpathway
as in its sole discretion deems appropriate and as are consistent with the rules, regulationsand policies
of the City of Eagle governing permitted uses and hours of operation, if any, of the pathway. Any
such signage shall include notification that private property exists on either sideof the public pathway
and a warning that the public pathway crosses a service road utilized by heavy machinery and/or large
equipment.
5. INDEMNIFICATION.
5.1 By Grantee. To the extent permitted by law, Grantee hereby agrees to protect, defend,
indemnify and hold harmless Grantor, Grantor's officers, 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 Grantor, Grantor's officers, employees,
representatives and/ or agents, and their successors and assigns, arising out of or in relation to the
use of the easementby 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.
5.2 By Grantor. Grantor hereby agrees to protect, defend, indemnify and hold harmless
Grantor, Grantor's officers, 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 Grantor, Grantor's officers, employees, representatives and/ or agents, and
their successors and assigns, arising out of or in relation to the use of the easementby Grantee or the
public, expect 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.
6. GENERAL PROVISIONS.
6.1 Attorney Fees and Costs. If a suit, action, or other proceeding arising out of or related to
this Agreement instituted by any party to this Agreement, the prevailing party shall be entitled to recover
its reasonable attorney fees, expert witness fees, and costs incurred in prosecuting or defending any suit,
action,or other proceeding,including any appeal thereof.This section shall survive and remain enforceable
notwithstanding any rescission of this Agreement or a determination by a court of competentjurisdiction
that all or any portion of the remainder of this Agreement is void, illegal, or against public policy.
Bald Eagle Pointe Pedestrian Pathway Easement
6.2 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 the City of 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 shallbe 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.
6.3 Time of the Essence. Time is of the essence with respect to the obligations to be
performed
under this agreement.
6.4 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 partieshereto and their successors and assigns.
6.5 Recordation. This Agreement shall be recorded in the Official Real Property
Records of
Ada County, Idaho.
6.6 Entire Agreement. All Exhibits to this Agreement constitute a part of this
Agreement.
This Agreement, together with the accompanying Exhibits, constitutes the entire agreement
among theparties and supersedes all prior memoranda, correspondence, conversations and
negotiations.
IN WITNESS WHEREOF, the undersigned have duly executed this Agreement as of the dates
set forthbelow.
[signatures on following pages]
Bald Eagle Point Pedestrian Pathway Easement page-4
GRANTOR: WPG BEP LLC
Todd S. • am, Manager,
Woodb ge Pacific Group,LLC,
Manager of WPG BEPLLC
STATE OF IDAHO )
) ss.
County of Ada )
On this oil day of July, 2021, before me, the undersigned, a Notary Public for the state
of Idaho, personally appeared Todd S. Cunningham,known or identified to me to be the Manager
of Woodbridge Pacific Group, LLC, Manager of WPG BEP LLC, and acknowledged to me that
he executed the instrument on behalf of said company, and that such company 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.
SANDRA LEE ADAMS
NOTARY PUBLIC-STATE OF IDAHO
_-ditti-----"
COMMISSION NUMBER 20210758
MY COMMISSION EXPIRES 3-5-2027 N TARY PU gam I 2 AH•
Residing at
My Commission Expires / 3-c-ZO 7
GRANTEE: CITY OF EAGLE
Bald Eagle Point Pedestrian Pathway Easement page-5
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Jaso Pier,e, Mayor
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Att st: 4,,,.�: 0 R A A. t
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racv , City Clerk z S� s.O47
STATE OF IDAHO )
) ss.
County of Ada )
On this Li day of July;2021, before me, the undersigned, a Notary Public for the state
of Idaho,personally appeared Jason Pierce,known or identified to me to be the Mayor of the City
of Eagle,an Idaho municipal corporation,and acknowledged to me that he executed the instrument
on behalf of said municipal corporation, and 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 in this certificate first above written.
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fefoTA! )\;t NOTA PUBLIC FOR IDAHO
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EXHIBIT A
Bald Eagle Point Pedestrian Pathway Easement page-7
EXHIBIT A
Legal Description
Bald Eagle Pointe Subdivision No. 1
A parcel being located in the S %of Section 11 and the N 1/2 of Section 14, Township 4 North, Range 1
West, Boise Meridian,Ada County, Idaho, and more particularly described as follows:
Commencing at a brass cap monument marking the southeast corner of the S %of said Section 11, from
which an aluminum cap monument marking the northeast corner of said S 1/2 bears N 0°49'08" E a
distance of 2645.32 feet;
Thence N 89°27'29"W along the southerly boundary of said S %2 a distance of 2627.57 feet to a point
marking the southwest corner of the SE %4 of said Section 11;
Thence leaving said southerly boundary N 0°46'22" E a distance of 137.71 feet to a 5/8 inch rebar on the
southerly right-of-way of State Highway 44 and the POINT OF BEGINNING;
Thence continuing along said southerly right-of-way a distance of 806.63 feet along the arc of a
13,810.99 foot radius non-tangent curve left, said curve having a central angle of 3°20'47"and a long
chord bearing N 77°30'00" E a distance of 806.51 feet to a 5/8 inch rebar;
Thence leaving said southerly right-of-way S 0°46'32"W a distance of 103.50 feet to a 5/8 inch rebar;
Thence S 75°59'30"W a distance of 399.30 feet to a 5/8 inch rebar;
Thence S 79°10'23"W a distance of 557.00 feet to a 5/8 inch rebar;
Thence S 80°29'13"W a distance of 158.18 feet to a 5/8 inch rebar;
Thence S 80°15'15"W a distance of 79.01 feet to a 5/8 inch rebar;
Thence S 74°44'35"W a distance of 159.24 feet to a 5/8 inch rebar;
Thence S 10°49'37" E a distance of 144.07 feet to a 5/8 inch rebar;
Thence S 12°35'57" E a distance of 60.00 feet to a 5/8 inch rebar;
Thence a distance of 12.63 feet along the arc of a 530.00 foot radius non-tangent curve right, said curve
having a central angle of 1°21'55"and a long chord bearing S 78°05'00"W a distance of 12.63 feet to a
5/8 inch rebar;
Thence S 11°50'15" E a distance of 134.89 feet to a 5/8 inch rebar;
Thence N 72°00'00" E a distance of 291.00 feet to a 5/8 inch rebar;
Thence N 79°10'23" E a distance of 268.40 feet to a 5/8 inch rebar;
Thence N 46°03'14" E a distance of 30.56 feet to a 5/8 inch rebar;
Thence S 43°56'46" E a distance of 27.00 feet to a 5/8 inch rebar;
Thence N 46°03'14" E a distance of 37.81 feet to a 5/8 inch rebar;
Thence S 43°56'46" E a distance of 130.00 feet to a 5/8 inch rebar;
Thence N 46°03'14" E a distance of 18.61 feet to a 5/8 inch rebar;
.solution$ Bald Eagle Pointe Subdivision No.1
��■ Job No. 16-82
Lane Surveying and consulting Page 1 of 3
Thence S 43°56'46" E a distance of 431.41 feet to a 5/8 inch rebar point on the natural or ordinary high
water line of the North Channel of the Boise River;
Thence along said high water line the following described courses;
Thence S 53°06'49"W a distance of 92.45 feet to a 5/8 inch rebar;
Thence S 44°27'28"W a distance of 212.83 feet to a point on the centerline of the Pioneer Canal,
said point being witnessed by a 5/8 inch rebar which bears N 44°27'28"W a distance of 15.00
feet from said point;
Thence along said Pioneer Canal Centerline the following described courses;
Thence N 50°25'31"W a distance of 12.44 feet to a point;
Thence a distance of 23.31 feet along the arc of a 20.00 foot radius curve left, said curve having
a central angle of 66°46'05" and a long chord bearing N 83°48'33"W a distance of 22.01 feet to a
point;
Thence S 62°48'25"W a distance of 196.53 feet to a point;
Thence S 61°35'16"W a distance of 402.68 feet to a point;
Thence S 71°21'33"W a distance of 35.42 feet to a point;
Thence a distance of 19.95 feet along the arc of a 40.00 foot radius curve left, said curve having
a central angle of 28°34'39" and a long chord bearing S 57°04'13"W a distance of 19.74 feet to a
point;
Thence S 42°46'54"W a distance of 68.88 feet to a point;
Thence a distance of 51.92 feet along the arc of a 40.00 foot radius curve right, said curve having
a central angle of 74°21'50" and a long chord bearing S 79°57'49"W a distance of 48.35 feet to a
point;
Thence N 62°51'16"W a distance of 71.00 feet to a point;
Thence a distance of 45.41 feet along the arc of a 60.00 foot radius curve right, said curve having
a central angle of 43°21'33" and a long chord bearing N 41°10'30"W a distance of 44.33 feet to a
point;
Thence N 19°29'43"W a distance of 10.79 feet to a point;
Thence a distance of 15.88 feet along the arc of a 40.00 foot radius curve left, said curve having
a central angle of 22°45'01" and a long chord bearing N 30°52'14"W a distance of 15.78 feet to a
point;
Thence a distance of 211.67 feet along the arc of a 495.95 foot radius curve left, said curve
having a central angle of 24°27'13" and a long chord bearing N 54°28'19"W a distance of 210.07
feet to a point;
Thence a distance of 24.24 feet along the arc of a 100.00 foot radius curve right, said curve
having a central angle of 13°53'15"and a long chord bearing N 59°45'17"W a distance of 24.18
feet to a point;
� �„�01utions Bald Eagle Pointe Subdivision No.1
�"�•• Land Sun/eying and Consumng Job No. 16-$2
Page 2 of 3
Thence N 52°48'40"W a distance of 152.65 feet to a point;
Thence a distance of 223.24 feet along the arc of a 350.00 foot radius curve left, said curve
having a central angle of 36°32'44"and a long chord bearing N 71°05'02"W a distance of 219.48
feet to a point;
Thence N 89°21'24"W a distance of 77.96 feet to a point on the easterly boundary of Moon Lake
Ranch as shown in Book 72 of Plats on Page 7355, records of Ada County, Idaho, said point
being witnessed by a 5/8 inch rebar which bears N 0°44'46" E a distance of 25.00 feet from said
point;
Thence N 0°44'46" E along said easterly boundary a distance of 404.84 feet to a 5/8 inch rebar marking
the southwest corner of Lot 1 of Block 1 of Tealwood Subdivision as shown in Book 59 of Plats on Page
5823, records of Ada County, Idaho;
Thence S 89°13'13" E along the southerly boundary of said Tealwood Subdivision a distance of 174.51
feet to a 5/8 inch rebar marking the southeast corner of said Lot 1;
Thence N 0°44'46" E along the easterly boundary of said Tealwood Subdivision a distance of 274.59 feet
to a 5/8 inch rebar marking the northeast corner of said Lot 1;
Thence leaving said easterly boundary N 74°53'18" E along the southerly right-of-way of W. Moon Valley
Road a distance of 280.82 feet to a 5/8 inch rebar;
Thence leaving said southerly right-of-way N 3°21'45"W a distance of 51.90 feet to a 5/8 inch rebar;
Thence N 74°54'28" E a distance of 269.68 feet to a 5/8 inch rebar on the southerly right-of-way of State
Highway 44;
Thence along said southerly right-of-way a distance of 394.52 feet along the arc of a 13,810.99 foot
radius non-tangent curve left, said curve having a central angle of 1°38'12" and a long chord bearing N
79°59'29" E a distance of 394.50 feet to the POINT OF BEGINNING.
This parcel contains 27.32 acres.
Clinton W. Hansen, PLS
Land Solutions, PC
February 19, 2018 pNPI LA No
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Bald Eagle Pointe Subdivision No.1
�'•■ Land surveying and Consulting Job No. 3 of 3
Page 3 of 3
EXHIBIT B
Bald Eagle Point Pedestrian Pathway Easement page-8
EXHIBIT B
Legal Description
Bald Eagle Pointe Subdivision No. 1
City of Eagle Pathway Easements
Easements being located in the N % of Section 14 and the S 1/2 of Section 11, Township 4 North,
Range 1 West, Boise Meridian, Eagle, Ada County, Idaho, and more particularly described as
follows:
EASEMENT A
Commencing at an Aluminum Cap monument marking the northeast corner of the NW '/4 (N 1/4
corner) of said Section 14, from which an Aluminum Cap monument marking the northeast corner
of said section bears S 89°27'29" E a distance of 2627.57 feet;
Thence N 82°19'50"W a distance of 379.28 feet to the POINT OF BEGINNING;
Thence a distance of 221.87 feet along the arc of a 4340.89 foot radius non-tangent curve right,
said curve having a central angle of 2°55'43" and a long chord bearing S 80°15'23"W a distance
of 221.85 feet to a point on the southerly right-of-way of W. State Street (State Highway 44);
Thence along said right-of-way the following courses and distances:
Thence N 74°54'28" E a distance of 215.31 feet to a point on a curve;
Thence a distance of 1201.15 feet along the arc of a 13810.99 foot radius non-tangent
curve left, said curve having a central angle of 4°58'59" and a long chord bearing N
78°19'06" E a distance of 1200.77 feet to a point;
Thence leaving said right-of-way S 0°46'32"W a distance of 20.70 feet to a point on a curve;
Thence a distance of 1189.88 feet along the arc of a 13830.99 foot radius non-tangent curve right,
said curve having a central angle of 4°55'45" and a long chord bearing S 78°18'48" W a distance
of 1189.51 feet to the POINT OF BEGINNING.
This easement contains 26,346 SF (0.605 acres) and is subject to any other easements existing
or in use.
EASEMENT B
Commencing at an Aluminum Cap monument marking the northeast corner of the NW % (N '/4
corner) of said Section 14, from which an Aluminum Cap monument marking the northeast corner
of said section bears S 89°27'29" E a distance of 2627.57 feet;
Thence S 58°05'29" E a distance of 882.10 feet to the POINT OF BEGINNING;
Thence N 6°30'10" W a distance of 40.76 feet to a point;
Thence N 0°20'22"W a distance of 169.97 feet to a point;
Thence N 10°51'15" W a distance of 27.92 feet to a point;
Thence N 0°46'32" E a distance of 155.39 feet to a point;
Lan olutions City of Eagle PathwayEasements
aY�JJJJ Bald Eagle Pointe Subdivision No. 1
land Surveying and Consulting
Job No. 16-82
Page 1 of 2
Thence N 18°28'46" E a distance of 52.61 feet to a point;
Thence N 0°46'32" E a distance of 224.87 feet to a point;
Thence N 75°59'30" E a distance of 20.68 feet to a point;
Thence S 0°46'32"W a distance of 233.26 feet to a point;
Thence S 18°28'46" W a distance of 52.61 feet to a point;
Thence S 0°46'32" W a distance of 150.24 feet to a point;
Thence S 10°51'15" E a distance of 27.73 feet to a point;
Thence S 0°20'22" E a distance of 169.58 feet to a point;
Thence S 16°29'14" E a distance of 33.48 feet to a point;
Thence S 66°39'20"W a distance of 27.09 feet to the POINT OF BEGINNING.
This easement contains 13,502 SF (0.310 acres) and is subject to any other easements existing
or in use.
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Clinton W. Hansen, PLS 5 s T ER GPG
Land Solutions, PC Q- c N
May 30, 2019 11118
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Job No. 16-82
Page 2 of 2
BALD EAGLE POINTE SUBDIVISION NO. 1 -
I CITY OF EAGLE PATHWAY EASEMENTS - EXHIBIT
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CURVE TABLE
LINE TABLE CURVE # LENGTH RADIUS DELTA BEARING CHORD
LINE # LENGTH DIRECTION C1 221.87' 4340.89' 2'55'43" S8015'23"W 221.85'
L1 40.76' N6'30'10"W C2 1201.15' 13810.99' 4'58'59" N7819'06"E 1200.77'
L2 27.92' N10'51'15"W C3 1189.88' 13830.99' 4'55'45" 57818'48"W 1189.51'
L3 20.68' N75'59'30"E r `
L4 27.73' S10'51'15"E Lan ' Solutions
L5 33.48' SI6'29'14"E Land Surveying and Consulting
231 E.STH ST.,STE.A
MERIDIAN,ID 83642
)208)288-2040 (208)288-2557 fax
www.landsolutions.biz JOB NO.16-82
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