Loading...
Easement - BB One, L.C. - 2021 - Eagle Road & Hwy 55 / Channel Center Subdivision - Ped-Bike Bridge multi-use paved path & bridge for non-motorized uses ADA COUNTY RECORDER Phil McGrane 2021-164626 BOISE IDAHO Pgs=10 HEATHER LUTHER 11/17/2021 09:35 AM CITY OF EAGLE,IDAHO NO FEE TEMPORARY CONSTRUCTION EASEMENT AGREEMENT cit THIS EASEMENT AGREEMENT("Agreement") is made and entered into this day of = 201("Effective Date"), by and between BB One, L.C., a Limited Liability Company("Grantor"), and the City of Eagle, an Idaho municipal corporation, by and through its Department of Parks and Recreation("Grantee"), whose current address is P.O.Box 1520,Eagle, Idaho 8361.6. 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 depicted on Exhibit A, attached hereto and made a part hereof,and commonly known as Channel Center Subdivision("Grantor's Property"). 1,2 Easement Real Property. Grantor and Grantee desire to establish a temporary construction easement across Grantor's Property through and across a portion of Lot 1,Block 1 of Grantor's Property. In exchange for the temporary easement, Grantee will construct and maintain a paved public multi use trail to be constructed from.the North Channel of the Boise River to the intersection of South Rivershore Drive and State Highway 55. Grantee has requested Grantor to convey to Grantee.a non-exclusive easement for the paved public multi use frail. The parties agree to execute a separate easement agreement for that purpose. 1.3 Purpose of Agreement. The purposes of this Agreement are: (i) to describe the temporary construction easement granted, and (ii) to establish the relative rights and obligations of the parties regarding the temporary construction 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 temporary construction easement on, over and across the Gaantor's Property,as described in Exhibit B and depicted in Exhibit C,attached hereto and made a part hereof for the purposes described in this Agreement. 2.2 Purposes of Temporary Construction Easement. Except as otherwise provided in this Agreement or as otherwise permitted by Grantor, the easement conveyed hereby shall be effective upon commencement of construction and shall be used solely for the following purposes: (a) Temporary construction easement for the construction of a paved pathway and bridge for non-motorized uses(collectively the"Ped-Bike Bridge")that shall be open for use by the City and.its contractor. 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 TEMPORARY CONSTRUCTION EASEMENT AGREEMENT- TEMPORARY CONSTRUCTION EASEMENT AGREEMENT THIS EASEMENT AGREEMENT ("Agreement") is made and entered into this day of 202/IJ("Effective Date"), by and between BB One, L.C., a Limited Liability Company("Grantor"), and the City of Eagle, an Idaho municipal corporation,by and through its Department of Parks and Recreation("Grantee"),whose current address is P.O. Box 1520,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 depicted on Exhibit A, attached hereto and made a part hereof, and commonly known as Channel Center Subdivision("Grantor's Property"). 1.2 Easement Real Property. Grantor and Grantee desire to establish a temporary construction easement across Grantor's Property through and across a portion of Lot 1, Block 1 of Grantor's Property. In exchange for the temporary easement, Grantee will construct and maintain a paved public multi use trail to be constructed from the North Channel of the Boise River to the intersection of South Rivershore Drive and State Highway 55. Grantee has requested Grantor to convey to Grantee a non-exclusive easement for the paved public multi use trail. The parties agree to execute a separate easement agreement for that purpose. 1.3 Purpose of Agreement. The purposes of this Agreement are: (i) to describe the temporary construction easement granted, and (ii) to establish the relative rights and obligations of the parties regarding the temporary construction 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 temporary construction easement on, over and across the Grantor's Property,as described in Exhibit B and depicted in Exhibit C,attached hereto and made a part hereof for the purposes described in this Agreement. 2.2 Purposes of Temporary Construction Easement. Except as otherwise provided in this Agreement or as otherwise permitted by Grantor, the easement conveyed hereby shall be effective upon commencement of construction and shall be used solely for the following purposes: (a) Temporary construction easement for the construction of a paved pathway and bridge for non-motorized uses(collectively the"Ped-Bike Bridge")that shall be open for use by the City and its contractor. 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 TEMPORARY CONSTRUCTION EASEMENT AGREEMENT- 1 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 expire upon substantial completion of the Ped-Bike Pathway or within eighteen (18) months from commencement of construction whichever is earlier. 2.5 Easement Obstructions. No fence or other barrier shall be erected or permitted within or across the Construction Easement 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 all 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 transferee 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. 4. INDEMNIFICATION. 4.1 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 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. 4.2 By Grantor. Grantor hereby agrees to protect, defend, indemnify and hold harmless Grantee, Grantee'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 Grantee, Grantee's officers, 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 TEMPORARY CONSTRUCTION EASEMENT AGREEMENT-2 or expenses are caused by, arise out of, result from or relate to Grantee's own negligence or intentional misconduct. 5. GENERAL PROVISIONS. 5.1 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 competent jurisdiction that all or any portion of the remainder of this Agreement is void, illegal, or against public policy. 5.2 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 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. 5.3 Time of the Essence. Time is of the essence with respect to the obligations to be performed under this Agreement. 5.4 Successors and Assigns. This Agreement, the 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. 5.5 Recordation. This Agreement shall be recorded in the Official Real Property Records of Ada County, Idaho. 5.6 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 the parties and supersedes all prior memoranda, correspondence, conversations and negotiations. IN WITNESS WHEREOF, the undersigned have duly executed this Agreement as of the dates set forth below. [signatures on next page] TEMPORARY CONSTRUCTION EASEMENT AGREEMENT-3 GRANTOR: BB One, L.C. a Limited Liability Company Dennis . Baker, Co-Manager STATE OF IDAHO ) ) ss. County of �bik ) On this /w day of /X bi) , 2021, before me, the undersigned, a Notary Public in and for said state, personally appeared Dennis M. Baker, known or identified to me to be the Manager of BB One, L.C. an Idaho Limited Liability Company, who subscribed said company name to the foregoing instrument, and acknowledged to me that he executed the within instrument on behalf of said non-profit corporation. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year first above written. Y��RS���ii�i/ Notary Public for , M ti� pS Oz.* y Residing at: A & ///1)"y tin COMMISSION 2�15 Commission Expires: /2 29—. _ ;EXPIRES • • •T�rE OF\QP •• ����� TEMPORARY CONSTRUCTION EASEMENT AGREEMENT-4 By: Don Brandt, Co-Manager STATE OF IDAHO ) ) ss. County of CA^V cr ) h On this v day of k i ''e^n r' , 2021, before me, the undersigned, a Notary Public in and for said state, personally appeared Don Brandt, known or identified to me to be the Manager of BB One, L.C. an Idaho Limited Liability Company, who subscribed said company name to the foregoing instrument, and acknowledged to me that he executed the within instrument on behalf of said non-profit corporation. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year first above written. - LL. Notary Public for Gr, -, i I LORI S.WEST Residing at:K' NOTARY PUBLIC-STATE OF IDAHO COMMISSION NUMBER 39856 MY COMMISSION EXPIRES 4-10.2027 Commission Expires: 4 TEMPORARY CONSTRUCTION EASEMENT AGREEMENT-5 GRANTOR: BB One, L.C. a Limited Liability Company By: Dennis M. Baker, Co-Manager By: Don Brandt, Co-Manager GRANTEE: CITY OF EAGLE, IDAHO By: J so Peirce, Mayor ATTEST: o��.............. 6140,L._ o-Q 0 RA rF•. Tracy O`.•rn, City Clerk :0 �.• Z TEMPORARY CONSTRUCTION EASEMENT AGREEMENT-4 STATE OF IDAHO ) ) ss. County of ) On this day of , 2021, before me, the undersigned, a Notary Public in and for said state, personally appeared Dennis M. Baker and Don Brandt, known or identified to me to be the Manager of BB One, L.C. an Idaho Limited Liability Company, who subscribed said company name to the foregoing instrument, and acknowledged to me that he executed the within instrument on behalf of said non-profit corporation. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year first above written. Notary Public for Residing at: Commission Expires: STATE OF IDAHO ) ) ss. County of Ada ) On this 611h day of 001if t44,1- , 2021, before me, the undersigned, a Notary Public in and for the said state, personally appeared Jason Peirce, 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. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year first above written. C \t‘7f �s% ...O•.0044,��, Notary Public for Idaho •••• CSE\t .,�• Residing at: FaGw ,Sp ••p •.rj,'• Commission Expires: 2I'UP tz • e •. PURL%Cy n w.O •�•i ••1.:gym.No•5�,••� •i ••'••� •OFF�9.•••• TEMPORARY CONSTRUCTION EASEMENT AGREEMENT- 5 EXHIBIT A Depiction of Grantor's Property : 14.1 2 0 i Or: 'till -.I04 n .4 ii9 't 6-i • ,,,?. .. ii iz § il f .1. ?: t10-9.i,, v s g.,- t 01P.. ii F. *.-• 'a d tin i5 U'l- g Ix 0 • • • • 0,I-- I I 'If g-i4 IA. 1 i:9 I 1 ii k r <0 Z Ut IA i 4e;ft MI '1 d : It Z < t (.) 6-,.`')d • '8 A.,... .-,, , ... En W I M C Af,tr,C4' w").1 e I. .......L44 % '14 •-r, ---"'"' li ,.., --, (...) IIIVIVI X SiStti .4'. WS+WO am roes s ''... gt, 'AS ,N., ,4,......,i 7-iii ".''..-4.41kr---"..-— -, "---_': -' Alb, A / ,...,i fg ...ilk, / ...if I tr't t ;;,. i-^',1 I ' 1 '. .-' ''' a', •- kl(e, 2 I . ' 1 § 0 r.....,- ,7 h j.rt Z?.$ 41 i . ,:,, , al ' ,,„ , , , gl'---'40 ,.:•:. icreesi siveki4 e ......... , - , 1; ‘. i.6 ® 147 k @ z.-1. e -,. I ..- P 1 Lir ...;.e. a e ,; :' -, - e I.::: -'.'• • ,,I.::.* pit e , N, `4, olLis;:c,-,-,-- illrb .2 I ,„.„----'' o‘''.6' ' ' ;•Kilib',,I;;:r%;. 4.1,3,1*ki Ig ,4 t 0o fill; klt:IP;'..t t tit glitifq t'l ' 114,01'' . 11*----rie-- ''' 1 111;;K;1504,4Er'lir31015;1:ikl 4241•14h, ?, Vitil N I Pi i i i i il gilliqi EXHIBIT B Description of Easement Property 11D T•© ENGINEERS October 7,2021 Project No.:200138 EXHIBIT"B" EAGLE FOOT BRIDGE BB ONE.L C:PEDESTRIAN AND CONSTRUCTION TEMPORARY EASEMENT An easement over a portion of Lot 1,Block 1,Channel Center Subdivision, located in the NE 1/4 of Section 17,Township 4 North, Range 1 East,Boise Meridian,City of Eagle,Ada County,Idaho,more particularly described as follows: COMMENCING at the corner common to Sections 8,9,16,and 17 of said Township 4 North,Range 1 East from which the East One-Quarter corner of said Section 17 bears S_00°55'49"W.,2641.00 feet; thence,along the east line of said Section 17, A) S_00`55'49"W.,1508.90 feet;thence,leaving said east line, B) S.89'59'54"W.,72.01 feet to the POINT OF BEGINNING;thence,along a line parallel with and 72.00 feet west of the east line of said Section 17, 1) S_00'55'49"W.,262.40 feet;thence,leaving said parallel line, 2) S_55'48'16"W.,12.00 feet;thence, 3) N.00°00'06"W_,269.11 feet to the north line of said Lot 1,Block 1;thence,along said north line, 4) N.89°59'54"E.,14.17 feet to the POINT OF BEGINNING. CONTAINING:3,194 square feet,more or less. LAkQ,6 fir''4E455 ! G 12460 i 4't °Fe "OD F. OA 1 a aR+r++(-MYaoRr,\,cN LAND fir* Mm^AK WNIV+mee MIJNICIM.I WKISN.ioc„m LACISCAPC Hlrl•fn t I 311.14ei1.G IEZCOPATIAL. Exhibit C Depiction of Easement Property g EXHIBIT "C" SKETCH PEDESTRIAN AND CONSTRUCTION EASEMENT k LOCATED IN THE NE 114 OF SECTION 17,TOWNSHIP 4 NORTH, RANGE 1 EAST, BOISE MERIDIAN, E CITY OF EAGLE,ADA COUNTY,IDAHO „) A 2021 CPF 114016981 I re 0 40' 80' 160 LE 6 L. L. ,,POB z ' W a 12460 LOT 1,BLOCK 1; f I'` Et di1010424° CHANNEL CENTER SUBDIVISION eqp0 of FC4!F4 E R LINE TABLE - ih UNE BEARING DISTANCE Li S89'59'54'W 60.00' a cn z L2 S00'SS'40"W 53.49' ; Z L3 N52'21'25"W 52.79' F f Q L4 NOO'00'OO"E 23.29' 1" u` CDW li La N37'07'50"E 28,30' W .. L6 NW-00'09'E 52.96' 69 /- OH�r'L i {n J�. L7 N55'48'16"E 12.00' ,� .. A Lc! N89'59'54"E 12.01' ' 1 N. LW N89-59'54"E -*.' `,y,., ;, t? - J ^ RX 14. X — PERMANENT EASEMENT, 7,800 SO. FTT..Of`�ER/V I — TEMPORARY EASEMENT, 3,194 SO. FTR q LEGEND I" t E. — — ORDINARY HIGH WATER UNE —— — SECTION LINE . sa iv" RIGHT—OF—WAY LINE CPF 2019-005150 EXISTING LOT UNE — — PERMANENT EASEMENT ,' — TEMPORARY EASEMENT x 12 FOUND ALUMINUM CAP 7 T-D ENGINEERS K FOUND 5/B' IRON ROD 2471 S.TITANIUM PLACE • FOUND 1/2" IRON ROD MERIDIAN, IDAHO 83642 g PHONE:(208)323-2288 W9YW.TO-ENGINEERS.COM o CALCULATED POINT -f1;E. 20:PS4-FA491E rm IPP,11ao SATE.Woo Jae:arm