Easement - G20 LLC - 2022 - Estrada Village Subdivision - Estrada Village Subdivision Pathway Easement AgreementAfter Recording
Return to:
T. Hethe Clark
Clark Wardle LLP
P.O. Box 639
Boise, ID 83701
ADA COUNTY RECORDER Phil McGrane 2022-007956
BOISE IDAHO Pgs=11 BONNIE OBERBILLIG 01/24/2022 12:07 PM
CITY OF EAGLE, IDAHO NO FEE
FOR RECORDING INFORMATION
PATHWAY EASEMENT AGREEMENT
This Pathway Easement Agreement (this "Agreement") is made effective as of the date last written
below (the "Effective Bate"), by and between G20 LLC, an Idaho limited liability company ("Grantor") and
CITY OF EAGLE, an Idaho municipal corporation ("City"). Grantor and City are collectively referred to
herein as the "Parties" and individually as a "Party."
RECITALS:
A. Grantor is the owner of that certain real property in Ada County, Idaho described and
depicted On Exhibit A, which exhibit is attached hereto and incorporated herein (the "Property'").
B. Grantor is in the process of developing a residential subdivision on the Property known as
Estrada Village Subdivision (the `Subdivision"). In connection with such efforts, Grantor wishes to create
certain ,public access pedestrian pathways in favor of the City in the locations described and depicted on
Exhibit R, which exhibit is attached hereto and incorporated herein (the "Easement Area").
WHEREFORE, Grantor desires to dedicate an easement for pedestrian use over, about and
through the Easement Area in the location and under the terms and conditions outlined hereafter.
AGREEMENT:
NOW, THEREFORE, in consideration of the above recitals which are incorporated below, and of
the mutual covenants and agreements herein contained, and other good and valuable consideration, the
receipt and sufficiency of which are hereby acknowledged, the parties hereto agree as follows:
1. Grant. Grantor hereby grants to City a perpetual, non-exclusive easement on the
Easement Area (the "Pathway Easement") for non -motorized use by members of the public.
2. Construction; Maintenance. The Parties acknowledge; and agree that the pathway
improvements associated with the Pathway Easement have not, as of the Effective Date, been constructed.
City shall have the right to construct the improvements to the Pathway Easement within the Easement ,Area
owned by Grantor, subject to the requirements of any other local government having jurisdiction, including
as applicable irrigation districts or ditch companies. City shall coordinate such construction with Grantor or
its successor. which may include the applicable homeowners" association for the Subdivision. City shall
thereafter maintain the Pathway Easement in a manner consistent with City pathway maintenance
standards. Materials and construction types associated with the Pathway Easement may be modified by
City so long as such construction and maintenance remains consistent throughout the Pathway Easement
and so long as the pathways'construction remains in accordance with the development approvals of the
Subdivision.
3. Future Connection Permitted. City may connect, or continue within this Pathway
Easement; public pathways as part of future system expansion, and may authorize staff, contractors, or
neighboring developers to facilitate such improvements within the Easement Area from any boundary to
another public pathway easement or easements, or to parcels included in any public access agreement.
PATHWAY EASEMENT AGREEMENT - 1
4887-7182-56 9, v. 4
The foregoing shall not permit the expansion or re€ocotion of the Pathway Easement without the permission
of the owner of the por€ons of the Property on which the Pathway Easement is located.
4. Indemnification. The Parties agree and express that it is their desire to erasure that the
Pathway Property shall be maintained as a walking trail specifically intended to be subject to those certain
limitations on liability contained in Idaho Code Section 36-1604, as the .same may be amended from time
to time.
S. Binding on Successors. This Agreement shall be recorded in the official records of Ada
County, Idaho and shall be binding on the heirs, successors, administrators, executors and assigns of all
Parties and shall run with the land,
6. Non -Exclusive. The right to use the Pathway Easement is not exclusive. The fee title
holders of the Pathway Property shall have the right to use its property for all purposes provided that the
same shall not unreasonably interfere with the use of the Pathway Easement as provided herein.
7. Miscellaneous.
A. Headings. The headings of the several paragraphs contained herein are for
convenience only and do not explain, define, limit, amplify, or aid in the interpretation, construction
or meaning of the provisions of this Agreement.
B. f3a____Tedy, In the event of a breach hereunder by any party, the non -breaching party
shall have all remedies available at law or in equity, including the availability of injunctive relief. In
any suit, action or appeal therefrom to enforce or interpret this Agreement, the ,prevailing party shall
be entitled to recover its costs incurred therein, including reasonable attorneys' fees and
disbursements,
C. Authority. The Parties represent that each has full power and authority to execute;
deliver, and perform this Agreement, that the individuals executing this }Agreement an behalf of said
party have been and are fully empowered and authorized by all requisite action to do so; and this
Agreement constitutes a valid and legally binding obligation of said party, enforceable against such
party in accordance with this Agreement.
D5 Choice of Law. The terms and provisions contained in this Agreement shall be
governed and construed in accordance with the laws of the Mate of Idaho. For the resolution of
any dispute arising from this agreement, venue shall be in the courts of Ada County, State of Idaho.
E. IM,atit; frst itt. This agreement constitutes the entire agreement between the
parties and no warranties, agreements or representations have been made or shall be binding upon
either party unless herein set forth. Unless expressly stated otherwise herein, this agreement is
the final agreement and shall be binding upon the heirs, personal representatives, successors and
assigns of the respective parties hereto. The Recitals are a part of this agreement and express
the intent of the parties.
[€;rid of text — signatures on following page]
PATHWAY EASEMENT AGREEMENT - 2
4887-7182-5669. v. 4
ICI WITNESS WHEREOF, the undersigned have caused this Pathway Easement Agreement to be
executed as of the Effective Data.
GRANTOR:
G20 LLC.
an Idaho limited liability company
[� k
Ley: k $dba' rn
Its: € uthcwiz ed,Agent
Gated:
CITY,
CITE' OF EAGLE,
an Idaho municipal corporation
' Mayor Jason Fierce
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Dated:.�. �^-
PATHWAY EASEMENTAGREEMENT ' a
4887-7182-5669, v. 4
STATE OF IDAHO )
SS.
County of ADD �
This record was acknowledged before rno on LL&t„ by Sophia Durham as an Authorized
Agent of G20 LLC.
�a�ROagR'�RRSssBg$�t? ,
Signature of Notary Public
a PUBLIC My Commission expires,---------- ti i-_,_
ox �Cf cwo afn 2Yu
a
PATHWAY EASEMENT AGREEMENT e 4
4887-71 R2-5669, v. 4
STATE OF IDAHO
)SS.
County of ADA
Eagle.
-by
This record was acknowledgedm before e onJason Pierce as Mayor of City of...., I Z' Z- - �
...........
M-IFKI HORTON
COMMISSION #38002
NOTARY PUBLIC
STATE OF iDA,14',
MY COMMISSION ��XP-fl"RZS'
[NOTARY SEAL]
STATE OF IDAHO
)ss.
County of ADA
kl�
< ...........
Signature of Notary Public
My Commission expires -
This record was acknowledged before me on by Tracy E. Osborn as City Clerk of
City of Eagle.
-------------- -
Signature of Notary PuWic
My Commission expires,
[NOTARY SEAL]
PATHWAY EASEMENT AGREEMENT - 5
4887-7182-5669, v. 4
EXHIBIT
Legal Description and Depiction of Grantor's Property
PARCEL AOFRECORD 0F SURVEY NO, 1O775.RECORDED JANUARY11.2017AS
INSTRUMENT NO. 2Oi7-0031G7.BEING APARCEL OFLAND LOCATED |NTHE
SOUTHEAST QUARTER {)FSECTION Q.TOWNSHIP 4NORTH, RANGE 1EAST, BO|SE
MERIDIAN, CITY OFEAGLE, ADACOUNTY, |DAHDBEING MORE PARTICULARLY
DESCRIBED AS FOLLOWS:
COMMENCING ATTHESOUTH 1MGCORNER OFSAID SECTION QFROM WHICH THE
SOUTHEAST CORNER BFSAID SECTION gBEARS
SOUTH Q016y15"WEST, 1317.22FEET; THENCE ALONG THE EAST BOUNDARY LINE OF
SAID SECTION
NORTH O1°21'31"EAST: 1597FEET TOAPOINT 0NTHE NORTHERLY R|8HT-OF-WAY
LINE OFEAST HILL ROAD; THENCE ALONG SAID NORTHERLY R|GHT-OF-WAYLINE THE
FOLLOWING 4COURSES AND DISTANCES: THENCE
SOUTH 5@^34'52"WEST, 28.42 FEET; THENCE
NORTH 87°4121"WEST, 3O5.74FEET T0THE REAL POINT {}FBEGINNING; THENCE
CONTINUING
NORTH 87°4121"WEST, 328.08FEET�THENCE
NORTH 8A°52'17"WEST, 34D.Q8FEET; THENCE 148.23FEET ALONG THE ARC OFA
CURVE T0THE LEFT, SAID CURVE HAVING ARADIUS OF432.0DFEET, ACENTRAL
ANGLE OF1A°3Q'37"AND ALONG CHORD OF147.51FEET WHICH BEARS
SOUTH 8O=i7`55"WEST TOAPOINT {}NTHE NORTH BOUNDARY LINE BFWINDING
CREEK SUBDIVISION PHASE 2ASFILED 1NBOOK 91OFPLATS ATPAGES 1O7G7
THROUGH 1O.773.RECORDS 0FADACOUNTY, |DAH{);THENCE LEAVING SAID
NORTHERLY RiGHT-QF'WV#'LINE AND ALONG THE NORTH BOUNDARY LINE OFSAID
WINDING CREEK SUBDIVISION PHASE
NORTH 8Q"58'30"WEST, 828.42FEET T2THE SOUTHEAST CORNER 0FLARUEACRES
SUBDIVISION ASFILED !NBOOK 5Q0FPLATS ATPAGES 7O68AND 7OGQ.RECORDS OF
AQACOUNTY, |DAHO;THENCE ALONG THE EAST BOUNDARY LINE OFSAID LARUE
ACRES SUBDIVISION
NORTH O1°O7^O7"EAST, 787.2QFEET TOTHE NORTHEAST CORNER 8A|DLARUE
ACRES SUBDIVISION, SAID POINT ALSO BEING {)NTHE APPROXIMATE SOUTHERLY
BANK OFTHE DRY CREEK CANAL PER THAT WARRANTY DEED RECORDED AS
INSTRUMENT NO. 8420674,RECORDS OFADACOUNTY, |OAHB;THENCE ALONG THE
SAID SOUTHERLY BANK OFTHE DRY CREEK CANAL THE FOLLOWING QCOURSES
AND DISTANCES: THENCE
SOUTH 68"D5'18^EAST, 228.O0FEET; THENCE
SOUTH 73=53'0O"EAST, 254.5GFEET; THENCE
SOUTH 83"45'37^EAST, 227.5OFEET, THENCE
SOUTH 83"32'47"EAST, 255.88FEET; THENCE
SOUTH 78"27'12"EAST, 24622FEET TOTHE SOUTHWEST CORNER OFEAGLE RIM
ESTATES SUBDIVISION A8FILED |NBOOK 5GOF PLATS ATPAGES 5225AND 5228.
RECORDS 0FADACOUNTY, |DAHO|THENCE ALONG THE SOUTHERLY BOUNDARY
LINE OFSAID EAGLE RIM ESTATES SUBDIVISION
SOUTH 81°18'25"EAST, 233.56FEET; THENCE CONTINUING ALONG SAID
SOUTHERLY BOUNDARY LINE
SOUTH 77°42'34"EAST, 121,82FEET TOTHE SOUTHEAST CORNER OFSAID EAGLE
RIM ESTATES SUBDIVISION: THENCE
SOUTH 8O`22'Z2"EAST, 1O8.48FEET; THENCE
SOUTH 88°51'22"EAST, Q.4OFEET; THENCE LEAVING SAID SOUTHERLY BANK OFTHE
DRY CREEK CANAL *
SOUTH O2`1838"WEST, 439.38FEET TOTHE REAL POINT DFBEGINNING,
PATHWAY EASEMENT AGREEMENT - EXHIBIT A
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ESTRADA VILLAGE SUBDIVISION
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PATHWAY EASEMENT AGRE"EMENT - EXHIBIT A
EXHIBIT B
Legal Description and DepiGtion of the
Easement Areas
PuNic Pathway Easemoit Descaption,
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PATHWAY EASEMENT AGREEMENT - EXHIBIT B
4387-7'.82-5669, v. 4
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4387-7182-5669, v. 4
Public Acws5 Easmrtmt De-scripbon
RAS-IS OF BEARING$ for UM, dos c,-fpklr, js� No�-th 0`4616" East bekween. One bfamsuop I-,-, ar,&,q 1,txi
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Tlmm,m No 8'Pki 1; 2 V, West, coim�:Wem, �&M Me extenakon of the wnhe,,"'y 0), way�r Road,
33U.73 fg�,et to a l5i,8, rebar cmw PLS 115 4 umsa;d no-Khed" �lahi. 0"way.:
Thenc-,- ;'lilufth 6,Vl M.,922. tuthe PWNT OF BEGMNI NG
Twru,e Nburth K-PHY4Y 10,00. feet-,
T fx, mxi Bait h, 24 7 E 4 s t., 1 000 f,�- e
Thence Spout h 06-21 Wesf, 105.11 feelt ka 'he POINT OF BLOMKING,
1,05", feet iil�MZ4 amm mom ur ?mm,
PATHWAY EASEMENT AGREEMENT - EXHIBIT B
4387-7182-5669, v. 4
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PATHWAY EASEMENT AGREEMENT - EXHIBIT B
4387-7182-5669, v. 4