Easement - Schneider Custom Homes, Inc. - 2022 - Eastfield Subdivision - Eastfield Subdivision ADA COUNTY RECORDER Phil McGrane 2022-072387
BOISEIDAHO Pgs=7 ANGIE STEELE 08/16/2022 04:19 PM
CITY OF EAGLE, IDAHO NO FEE
(Reserved for Ada County Recorder)
PER-IMANENT EASEMENT AGREEMENT
THIS PI"RNIAN'[",Nl' l�',ASI"MEN'I',ACi.IZE'I--,Mf�N'I'is made and entered into this 9"' day
of August, 2022, by and between SC EIDER CUSTOM HOMES, INC., (referred to as
"Grantor", and the C1717Y OFEAGLE, 660 E'. Civic Lane, Eagle, Idaho, 8361.6, 11creinafter
referred to as "Grantee".
WITNESSETI-L
FOR GOOD AND SUFFICIENTCONSIDER DTI GN, IT IS AGREED:
SECTIQN L RE,.CITALS:
1.1 Grantor is the owner of certain.real,property situated in Ada County,Idaho,hereinafter
referred to as thy:"Subject Property" and more particularly described in Exhibit"A"hereto.
1.2 f Inc Grantee is the owner and operator of a pathway system, and in connection
therewith, desires to acquire from the Grantor an casement over and across a certain portion of the
Subject Propei ty for a public pathway easement.
1.3 The Grantee and the Grantor have agreed upon, and desire to herein memorialize
the terms and conditions which will govern the granting acid use of the aforementioned
easement.
.SECTION '2— AGREE"MENT ANQ GRANT OF EASEMENT
NOW, THEREFORE, in consideration of the mutual covenants and conditions herein
contained, and for other good and valuable consideration, the receipt and sufficiency of which is
hereby acknowledged by the Grantor, the parties hereto, for themselves, their heirs, successors
and assigns, agree as follows:
2,1 Grantor, sut-.)ject to the terms and conditions hereinafter set forth, hereby grants and
conveys unto the ('rantee, its successors and assigns an casement over and across that portion of
the Subject Property described in Exhibit "A" arid generally as shown on Exhibit "B" attached
her to, for the purpose of permitting the Grantee to therein construct, install, maintain, repair,
replace, use, and operate a non-motorized public pathway ("Easement").
2.2 The Grantee may connect, or continue with-in this easement, public pathways as part
of future system expansion, and may authorize staff, contractors, or neighboring developers to
facilitate such improvements within this easement from any boundary to another public pathway
easement or easements, or to parcels included in any public access agreement.
(Reserved for Ada County Recorder)
PERMANENT EASEMENT AGREEMENT
THIS PERMANENT EASEMENT AGREEMENT is made and entered into this 9th day
of August, 2022, by and between SC EIDER.. CUSTOM HOMES, INC., (referred to as
"Grantor", and the CITY OF EAGLE, 660 E. Civic Bane, Eagle, Idaho, 83616, :hereinafter
referred to as "Grantee".
FOR GOOD AND SUFFICIENT CONSIDERATION, IT IS AGREED:
SECTION 1. RECITALS:
1.I Grantor is the owner of certain real property situated in Ada County,Idaho,hereinafter
referred to as the"Sub ect Property"and more particularly described in Exhibit"A"hereto.
1.2 The Grantee is the owner and operator of a pathway system, and 'n connection
therewith, desires to acquire from the Grantor an easement over and across a certain portion of the
Subject Property for a public pathway easement,
1.3 The Grantee and the Grantor have agreed upon, and desire to herein memorialize
the terms and conditions which will govern the granting and use of the aforementioned
easement.
SECTION 2. AGREEMENT AND GRANT OF EASEMENT
NOW, THEREFORE, n consideration of the mutual covenants and conditions herein
contained, and for other good and valuable consideration, the receipt and sufficiency of which is
hereby acknowledged by the Grantor, the parties hereto, for themselves, their heirs, successors
d assigns, agree as follows:
2.1 Grantor, subject to the terms and conditions hereinafter set forth, hereby grants and
conveys unto the Grantee, its successors and assigns an easement over and across that portion of
the Subject :property described in Exhibit "A" and generally as shown on Exhibit "B" attached
hereto, for the purpose of permitting the Grantee to therein construct, install, maintain, repair,
replace, use, and operate a non-motorized public pathway ("Easement").
2.2 The Grantee may connect, or continue within this easement, public pathways as part
of future system expansion, and may authorize staff, contractors, or neighboring developers to
facilitate such improvements within this easement from any boundary to another public pathway
easement or easements, or to parcels included in any public access agreement.
2.3 The Easement shall be permanent and perpetual, unless Grantee agrees in Writing to
its termination,, or it is otherwise abandoned or vacated by the Grantee.
2.4 Grantee, its agents, employees, contractors, and assigns, may traverse said Easement
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, operate
or use pathway located within the Easement.
2.5 Grantor reserves all mineral rights on the Subject Property. In the event damage occurs
to the pathway -upon Grantor's exercise of mineral rights (i.e. excavation) the Grantor shall
immediately repair, restore, and revegetate all disturbed surface areas in a manner consistent
with conditions existing prior to the disturbance, all to the reasonable satisfaction of the Grantee.
2.6 Grantee shall save and hold Grantor harmless from any and all liability for
personal injury, or property damage resulting from, or in any way connected with, any use
or activity undertaken or permitted by the Grantee, or any of its agents, employees, contractors
or assigns.
2.7 Upon completion of its installation of a pathway within the Easement, and any
subsequent construction or maintenance activity conducted therein by the Grantee, the Grantee
shall immediately repair, restore, and revegetate all disturbed surface areas in a manner
consistent with conditions existing prior to the disturbance, all to the reasonable satisfaction of
the Grantor.
2.8 This Agreement, and the easement herein granted shall be appurtenant to, and run
with the title to the real property encumbered thereby, and shall obligate, and inure to the
benefit of, the parties hereto and their respective successors and assigns.
2.9 All exhibits attached hereto and the recitals contained herein are incorporated herein
as if set forth in full herein.
SECTION 3. Recordation.
This Agreement shall be recorded in the Official Real Property Records of Ada County,
Idaho.
SECTION 4. 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.
EASEMENT AGREEMENT-2
IN WITNESS WHER-EOF,the parties hereto have caused this Easement Agreement to'be
executed on the day and year first above,w6tten.
"GRANTOR" "GRANTEE"
Schneider Custom CITY OF EAGLE
Hornesl Inc.
lit U uii /-�
By-0-11 By*
Dylan 1�. Schneider, President i n ierce,Mayor
-ST LE 4AT E ST
T
B.7 40
s I Tracy.E. 0 Oty Clerk
0 *0
U
STPCrV-,
EASEMENT AGREEMENT-3
STATE OF IDAHO
SS.
County of Ada
On this I ai_L1 day of7,, L,,/1&4 2022,before me,a Notary Pubfic for s *d County
and State,personally ap --and
_peared
known. or identified to me to be thi owners of the property located at Subject Property
descn*bed in Exhibit A Ada County, Idaho and the person who subsenibed sai*d name to
the foregoi"ng*instrument, and acknowledged to me that he executed the sameln said name.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed my offici*al seal the day
and,year in this certificate fust above wn*tten.
X TIE
w-
OTA*
NOTA UB C FORI 0
UBLIC Resid* at (Ou�
10 1119
'0 Z
Ar
'0
4,
-0 0' My commission expires
000
OF VD!
STATE OF IDAHO
)Ss.
County of Ada
On th"I S day ot 2022, before me, a Notary Pubfic, *n and for said
County and State, piz�rsonally appeared Jason Pierce, known or identified to me to be the Mayor of
the CITY OF EAGLE, the body politic that executed the foregoing instrument, and acknowledged
to me that such body pol it ic execuW the same.
IN WITNESS WHEREOF,I bave bereunto set my band and affixed my official seal the day
and.year in this certificate first above written.
CUAiN4,
*V '0 ............
N OT- LIC FOR IDAHO
OT % '0 -
AA
Residig at: CAO\10-
My commission expires.- 2-30
PU13LXC
ion-
Of
4 to
io No.
OF
EASEMENT AGREEMENT-4
B.M. Description for
Pe-destn'an Pathway Easement
A portion of the Northwest V4 of the Southwest 1/4 of Section 1 G. Township 4
North, Range 1 East, Boise Meridian, City of Eagle., Ada County, Idaho more
particularly descn*bed as follows.-
Commencing at the South 1/16 comer common to Sections 9 and 101 TAN.I
1021'31" East,, 1,317.03 feet;thence North 15'049'52* East,
384.52
thence leaving said southwesterly dght-of-way fine, North 8004312" West,
110.59 feet;
thence 6.58 feet along the arc of curve to the left having a radius of 15.00 feet,
a central angle of 25008'51" and a long chord which bears South 86042'22"West, 6.53
feet,
thence South 89043"26"West, 27.91 feet,
thence North 78-024!16*West, 30.34 feet;
thence North 69053'36"West, 104.22 feet;
thence North 68008'36"West-, 125.43 feet;
thence North 59'0 1&50*West 43.88 feet;
thence North 72'OOa28*West,, 334.21 feet to the REAL POINT OF
BEGINNING.
Containing 13,992 square feet or 0.32 acres, more or less.
End of Descdptioon.
CL
11779
(P 0
15/1
OF
M cc
Page 2 of 2
•
NO-
*. - ...
jEdge
CO
ail
*446
04
0
3 $
a
. .
.:
a -
u
m _
OWN
Lip MA
too tin
v to
Cs
In
tot J!;:
NO
OWN
W CIA
.# SOL
(01
CAI tw)
51 ID GO
fit o to
CA
10
tin CA CA
CA
N3 tow
to -4 � z I z -- 4
—4
e
t
r7i Wis
ca U) Q (A " Ail
tot
0 CA 'Or 4 JON (SPOI it CLIP
00
zo
INS
CA 0
JMT
to 0
-
80
LP
TA