Easement - Idaho Concrete - 2/1/2017ADA COUNTY RECORDER Christopher D. Rich 2017.009793
BOISE IDAHO Pgs=13 BONNIE OBERBILLIG 02/01/2017 08:57 AM
EAGLE CITY NO FEE
11/1111111 11111 111111111111 I VIII 11/111111 IIII III
00326967201700097930130137
PERMANENT EASEMENT AGREEMENT
THIS PERMANENT EASEMENT AGREEMENT ("Agreement") is made and entered
into this I_ day of 29 6+wx6X 2016 ("Effective Date"), by and between Staker & Parson
Companies, a Utah corporation authorized to do business in Idaho ("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 owns that certain real property located in the
northeast quarter of Section 22, Township 4 North, Range 1 East, Boise Meridian, Ada County,
Idaho, as depicted on Exhibit A and more particularly described in Exhibit B, which exhibits are
attached hereto and incorporated herein by reference ("Grantor's Property"). Grantor's Property
includes a service road that Grantor periodically uses for its business purposes, including the
hauling of gravel to and from its property.
1.2 Easement Real Property. Grantor and Grantee desire to establish a ten foot (10)
wide paved public pathway across Grantor's Property along a twenty-five (25) foot wide pathway
easement as depicted on Exhibit A and more particularly described in Exhibit B, which exhibits
are attached hereto and incorporated herein by reference ("Easement Property"). Grantee has
requested Grantor to convey to Grantee an 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 parties regarding
the easement granted under this Agreement.
2. GRANT OF EASEMENT.
2.1 Grant. For value received, Grantor hereby GRANTS AND CONVEYS to the
Grantee, and Grantee hereby accepts, a perpetual easement on, over and across the Easement
Property for the purposes described in Section 2.2 herein.
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) Construction, 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 shall be permitted on the Easement Property, except those used for
the construction and maintenance of the pathway by Grantee.
(b) The public shall have the right of access to the easement for non -motorized
vehicle and pedestrian use.
PERMANENT EASEMENT AGREEMENT - 1
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, over
and across the Easement Property, as well as the gate described in Section 2.7 herein, shall be
completed by Grantee. All costs and expenses related to the design, construction, maintenance
and repair of the public pathway, including the gate described in Section 2.7 herein, hereafter, 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. Grantee shall construct a gate across the Easement
Property in the general location as depicted on Exhibit C attached hereto and incorporated herein
by this reference, which gate may be closed periodically to allow Grantor use of its service road
for gravel hauling purposes. Grantor shall provide Grantee two (2) days' notice prior to any use of
the service road, which notice shall include the expected duration of Grantor's use. The gate shall
include appropriate signage directing pathway users to a bypass route. Except for the gate as
described herein, 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 the 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.
2.8 Relocation Reservation. The easement conveyed herein is granted prior to the
development of Grantor's Property and/or the development of the Ada County Highway District's
proposed Three Cities River Crossing (the "Crossing") of the public pathway over the Boise River
at an alternate location on Grantor's Property. The parties hereby reserve the right to relocate the
public pathway upon Grantor's Property either before or after the development of Grantor's
property or the development of the Crossing over the Boise River, upon sixty (60) days' prior
written notice. The parties then agree to execute, deliver and record an amendment to this
Agreement to evidence the relocation.
3. COVENANTS AND AGREEMENTS OF GRANTOR.
3.1 Binding Effect. The Grantor, on behalf of the Grantor and the Grantor's heirs,
successors, assigns, purchasers, or transferee of any kind, covenants and agrees with the Grantee
PERMANENT EASEMENT AGREEMENT - 2
and the Grantee's heirs, successors, assigns, purchasers, or transferee of any kind, that the
provisions of this Easement 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 Temporary License. In order to carry out the provisions of this Easement
Agreement, Grantor further conveys to Grantee a temporary license to occupy a portion of the
Grantor's Property located adjacent to the Easement Property to the extent such occupation of
Grantor's Property is reasonably necessary for the purpose of constructing or improving the public
pathway or other improvements on the Easement Property. This license shall expire automatically
and be of no further force and effect six (6) months from the date of the Effective Date of this
Easement Agreement, unless extended at the discretion of the Grantor.
4. COVENANTS AND AGREEMENTS OF THE GRANTEE.
4.1 Construction of Pathway. The Grantee, on behalf of the Grantee and Grantee's
heirs, successors, assigns, purchasers, or transferee of any kind, covenants and agrees with the
Grantor and Grantor's heirs, successors, assigns, purchasers, or transferee of any kind that it may
construct a paved public pathway across the Easement Property and operate and maintain said
pathway in a manner consistent with the purposes set forth in Section 2.2 of this Easement
Agreement and pursuant to the rules, regulations and policies of the City of Eagle Department of
Parks and Recreation.
4.2 Signs. Grantee shall be permitted to post such signage on and along said public
pathway as it in its sole discretion deems appropriate and as are consistent with the rules,
regulations and policies of the City of Eagle Department of Parks and Recreation governing
permitted uses and hours of operation, if any, of the pathway. Any such signage shall include
notification that private property exists on either side of 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. 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.
5.2 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,
PERMANENT EASEMENT AGREEMENT - 3
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
or expenses are caused by, arise out of, result from or relate to Grantee'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 competent jurisdiction that all or any portion of the remainder of this
Agreement is void, illegal, or against public policy.
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 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.
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 parties hereto 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 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]
PERMANENT EASEMENT AGREEMENT - 4
GRANTOR:
STAKER & PARSONS COMPANIES
By:
Name:
Its: C, 4A
GRANTEE:
CITY OF EAGLE, IDAHO
OF
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Stan Ridgeway , Mayor ou
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ATTEST:
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Sharon K. Bergmann, City Cler reasurer
PERMANENT EASEMENT AGREEMENT - 5
STATE OF IDAHO )
) ss.
County of Ada )
On this day of , 20 ] ,, before me, a Notary
Public in and for the said state, personall§ appeared Stan Ridgeway, 6own 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.
LDA
STATE OF UTAH )
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County of
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On this 41 day of , 2016, before me, tv, a Notary
Public in and for said state, personally appeared r.YiG A4. � 1 y , known or identified
to me to be the of Staker & Parsons Companies, a Utah corporation, who
subscribed said company name to the foregoing instrument, and acknowledged to me that he
executed the within instrument on behalf of said Staker & Parsons Companies.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the
day and year first above written.
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PERMANENT EASEMENT AGREEMENT - 6
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Exhibit A
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City of Eagle Department of Parks & Recreation
Greenbelt Easement — Idaho Concrete
Boundary Description
Project Number 10-15-111 February 8, 2016
THE
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A 25 -foot wide easement situated in the northeast quarter of the northeast quarter of Section 22,
Township 4 North, Range 1 East, Boise Meridian, Ada County, Idaho, and being 12.50 feet on each side
of the following described center line:
Commencing at the northeast corner of Section 22, Township 4 North, Range 1 East, Boise Meridian,
which bears S89048'42"E, 2652.02 feet from the south quarter -section corner of Section 22;
Thence S61°34'35"W, 1141.06 feet along a random line to an angle point on the south boundary of
Parcel 3 of Disclaimer of Interest No. 101 (instrument No. 94081001, as re -traced on Record of Survey
4515, records of Ada County, Idaho);
Thence N66"31'37"W, 216.60 feet along the south boundary of Parcel 3;
Thence, at right angles, N23°28'23"E, 25.00 feet to the boundary of Parcel 1 of the Acquired Easement
No. 347 (Instrument Number 101012961, records of Ada County, Idaho) to the POINT OF BEGINNING:
Thence NO3004'20"E, 129.09 feet;
Thence 22.53 feet on a curve to the left, having a radius of 20.00 feet, a central angle of
64'32'13", a chord bearing of N29°11'46"W, and a chord length of 21.36 feet;
Thence N61°27'53"W, 37.56 feet;
Thence 7.01 feet on a curve to the right, having a radius of 10.00 feet, a central angle of
40008'44", a chord bearing of N41°23'31"W, and a chord length of 6.86 feet;
Thence N21°19'09"W, 18.31 feet to the boundary of the aforesaid Parcel 1 of the Acquired
Easement No. 347, the POINT OF ENDING.
The sidelines of the above-described easement shall extend or contract, to close upon the boundary of
the Acquired Easement No. 347, at the point of beginning and at the point of ending.
The above-described easement contains 0.12 acres, more or less.
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