Easement - G20 LLC - 2022 - Hill Road Parkway & Edgewood Lane - G20 LLC/Estrada Village - First Amendment to Pathway Easement Agreement ADA COUNTY RECORDER Phil McGrane 2022-086625
BOISEIDAHO Pgs=5 ANGIE STEELE 10/14/2022 04:36 PM
CITY OF EAGLE, IDAHO NO FEE
After Recording
Return to:
T 1. Hethe Clark
C C lark.Wardle LLP
P.O. Box 639
Boise, ID 83701
FOR RECORDING INFORMATION
FIRST AMENDMENT TO PATHWAY EASEMENT AGREEMENT
This Pathway Easement Agreement(this'First Amendment")is made effective as of the date last
written below (the 'Effective Date ), 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. Or..January 24,2022,the Pates caused to be recorded in Ada County, Idaho,that certain
Pathway Easement Agreement, as Instrument No. 2022,007956 (the"Easement Agreement'), to create
certain public access pedestrian pathways in favor of the City, as more particularly described ',herein.
Capitalized but,undefined terms used herein are as sell forth in the Easement.
B, Grantor desires to grant an extension of said public access pedestrian pathways in favor
of the City, which extension is located on additional portions of the Property and in the locations described
on Exhibit A, attached hereto and made a part hereof(the'Additional Easement Area').
C. The Parties now accordingly desire to amend certain provisions of the Easement,as more
particularly set forth herein.
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:
I a Defined Terms. All capitalized terms not defined herein shall have the meanings set forth
in the Easement Agreement,
2, Additional Easement Area. In order to accomplish the Parties desire to extend the
pathway easement identified in the Easement Agreement, the Parties agree: 0)the definition of"Pathway
Easement" in the Easement Agreement is amended to include the Additional Easement Area-, and (ii)
Exhibit B of the Easement Agreement is amended to include the Additional Easement Area, All terms and
provisions set forth in the Easement Agreement governing the Pathway Easement shall apply to the
Additional Easement Area.
3. No Additional Changes. Except as amended by this First Amendment, the Easement
Agreement shall remain unchanged and in full force and effect. If there is any conflict between the terms of
this First Amendment and the Easement Agreement, this First Amendment shall control.
fend of text—.signatures on following page]
FIRST AMENDMENT TO PATHWAY EASEMENT AGREEMENT-1
4855-5297--6949,v. 1.1
After Recording
Return to:
T. Hethe Clark
Clark Wardle LLP
P.O. Box 639
Boise, ID 83701
FOR RECORDING INFORMATION
FIRST AMENDMENT TO PATHWAY EASEMENT AGREEMENT
This Pathway Easement Agreement(this"First Amendment")is made effective as of the date last
written below (the "Effective Date"), 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. On January 24,2022,the Parties caused to be recorded in Ada County, Idaho,that certain
Pathway Easement Agreement, as Instrument No. 2022.007956 (the "Easement Agreement"), to create
certain public access pedestrian pathways in favor of the City, as more particularly described therein.
Capitalized but undefined terms used herein are as set forth in the Easement.
B. Grantor desires to grant an extension of said public access pedestrian pathways in favor
of the City, which extension is located on additional portions of the Property and in the locations described
on Exhibit A, attached hereto and made a part hereof(the"Additional Easement Area").
C. The Parties now accordingly desire to amend certain provisions of the Easement, as more
particularly set forth herein.
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. Defined Terms. All capitalized terms not defined herein shall have the meanings set forth
in the Easement Agreement.
2. Additional Easement Area. In order to accomplish the Parties desire to extend the
pathway easement identified in the Easement Agreement, the Parties agree: (i)the definition of"Pathway
Easement" in the Easement Agreement is amended to include the Additional Easement Area; and (ii)
Exhibit B of the Easement Agreement is amended to include the Additional Easement Area. All terms and
provisions set forth in the Easement Agreement governing the Pathway Easement shall apply to the
Additional Easement Area.
3. No Additional Changes. Except as amended by this First Amendment, the Easement
Agreement shall remain unchanged and in full force and effect. If there is any conflict between the terms of
this First Amendment and the Easement Agreement, this First Amendment shall control.
(end of text—signatures on following page]
FIRST AMENDMENT TO PATHWAY EASEMENT AGREEMENT-1
4865-5297-6949,v. 1.1
IN WITNESS WHEREOF, the undersigned have caused this First Amendment to Pathway
Easement Agreement to be executed as of the Effective Date.
GRANTOR:
G20 LLC,
an Idaho liml*,nd liability compan
n ff
Z
By: Jim CVerl
Its: Mem r
Dated:
STATE OF IDAHO
)SS.
County of ADA
This record was acknowledged before me onj/ Q (date) by Sophia Durham as an
Authorized Agent of G20 LLC.
Signature of Notary Public
&
,OTA V My Commission expires:
-0
JV
Oft
FIRST AMENDMENT TO PATHWAY EASEMENT AGREEMENT-2
4865-5297-6949,v. 1.1
CITY:
CITY OF EAGLE,
an Idaho muni I corporation
NIX
RV
Mayor Jason Pierce
I n
Dated: IV
I -
TEST:
y:
o�l
c cy E. Osborn,City City Clerk
B
Dated.
STATE OF IDAHO
)SS.
County of ADA
This record was acknowledged before me on iOl I't-Y by Jason Pierce as Mayor of the City
of Eagle, Idaho.
S E
ARIY%
�40
a 0
4W SignaCof Notary Public
'SIB A My Commission expires:
'0\S
0.
0
10A
ov
STATE OF IDAHO
)SS.
County of ADA
This record was acknowledged before me on by Tracy E. Osborn as City Clerk of
the City of Eagle, Idaho.
4 o*%CwSEN
NRY
"S
OV Ta
at 0 ign n of Notary Public
E>
My Commission expires:
'i►i ", , ► y fir. , 4b
T-E— O'�
FIRST AMENDMENT TO PATHWAY EASEMENT AGREEMENT-3
4865-5297-6949,v. 1.1
EXHIBIT A
Legal Description and Depiction of Additional Easement Area
E
Land Surverr.6j, .LC
r
d
F€ w
Public Pathway
L
t Y
Estrada Village u_
BASISfor thisdescription i 102 ' n the brass
marking E cSection and :in common to
Sections 9 and 10,,both In T.4 N,R. 1 Ej 8A., City of Eagler Ada County,Idaho.
:iz't tau. ioe easement located r of the .I Y 9 Section , T$4 Kt , 3>p 9. i 0 City'%M�
2 f
a Eagle, u
F
BEGINNING a cbank of the Dry Creek Canal and the
northwest corner of Village Subdivision No. 1,as shown in Book 123 of o Pages 19415-
19419,Ada County
SouthThence 602 117" . coindident witii the west lineEstrada
distance.of 30,00t with ,,
Thencen said west line, parallel wfth the soiAh bank
Canal, 137.58 feet;
Thence 30.00 feet south of and r ii i with the south bank of Dry Creek Canal the following three
courses and distances.-
Thence-
,.
Thence North 68005'18"West,218-13 feet to the east tine of Larue Acres Subdivision,as shown in
Book 69 of lets, Pages 7W-7069,Ada CountyRecords;
z
Thence North 1007"'07"
East,, coineldent . ,sald east line.,32.09 fieet toa 0r rebar with an illegible
cap n the south bank of the Dry CreekCanal
Thenceng said south bankfollowing )courses n
rE
Thence South East, 228.00 re bar with cap
Thence South ° "Ease 254.56 feet to a 5/8"rebar with5
4 4
yin
>:
Thence
South 3 "' riff 227,50 feet to a 5/ "'rebar with c
" n n 3 ' "East, 137,58 feet Ito the POINT Of BEGINNING.
describedThe above n contains 0.583 acres more or less-
1
VILLAGE NO 2 30 RJB1:IC AY EASEMENT-docx
EXHIBIT A—1
4865-5297-6949,v. 1.1
S.,........,»rv,R,.was..s.nw�,<v.-.WYv....,»�.:.rwyvc-ua,rtu.wP+a,LL++�.ne,++..,.w�^•"�.«�- .. r xo- n
Jv
We
„ ..
g .
IN-
�,v
a
i
n
F �
3.�.
ISTAW
"'
41
dV
4r,
S • f
mre-
e p_
AS
jw
t-
n `,-
2a3O S.
GTON AVE
r c)
JAL
rp "now
com3at Map
, 2
M
Cc Lo
aryOF&4af,,ADA CWNTY
LO
Lo
. .,,_......DATE: err - r h�
.. - z, T,--a+ ....y'"' ,fig ,w.-..,. �+ We y ' f'1
r a a