Easement - WPG BEP LLC - 2022 - Bald Eagle Pointe - Pedestrian Pathway Easement in BEP #2 ADA COUNTY RECORDER Phil McGrane 2022-099599
Prdect.Narpe(Subdivision). I BOISE IDAHO Pgs=l 1 BONNIE OBERBILLIG 12/19/2022 08:42 AM
CITY OF EAGLE, IDAHO NO FEE
Bald Eagle Pointe 2 Pedestrian Pathway Easement
Reser,red for Ad,-.County Recorder
PEDESTRIAN PATH.""AY EASEMENT
THIS PERMANENT EASEMENT AGREEMENT ("Agreement") is made and entered into this
J -. A4 day ofA)*Ve*boy- , 2022 ("Effective Date"), by and between Woodbridge Pacific
Group.,LLC, a Califonnia limited liability company,Manager of NNW BEE LLC, a Delawarelimited
liability company,whose address is 2 271 Las Ramblas, Suite 100, Mission Viejo,California 92'69 1,
hereinafter referred to as "Grantor , and the City of Eagle, an Idaho municipal corporation, by
and through its Department of Parks and Recreation("Grantee"),-whose address is 660 E. Civic Lane,
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 described on Exhibit A, attached hereto and
make a part hereof, and commonly kn,),wm as Bald Eagle Pointe Subdivision No. 2 ("Grantor's
Property"), and
1,2 Easement Real Property. Grantor and Grantee desire to establish a paved public
pathway through and across a portion of Grantor's property as more particularly described and
depicted in Exhibit B, attached hereto and made a part hereof ("Easement Property"). Grantee has
requested Grantor to convey to Grantee a non-exclusive easement on the Easement ProperiN, 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 (h) to establish the relative rights and obligations of the partiesregarding the
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 perpetual easement on, over and across the Easement Property for
the purposes described in Section 2.2 herein, and
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) 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 shallbe
permitted on the Easement Property, except those used for the maintenance of the pathway by Grantee.
Bald Eagle Pointe 2 Pedestrian Pathway basement--Page 1
(b) The public shall have the right of access to the easement for non-motorized vehicle
tn
and pedestrian use.
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, overand
across the Easement Property shall be completed by Grantor. All costs and VeXpenses related to the
maintenance and repair of the public pathway thereafter 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 arid repair and as required to satisfy all requirements of applicable laws, the
policies of Grantee and sound engineering practices.
2.7 Easement Obstructions. 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 iniproveirients,
including the easement, on Grantor's property, it being agreed by the parties, however, that 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.
1 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 arid agrees with Grantee and Grantee's heirs, successors,
assigns, purchasers, or transfer of any kind, that the provisions of this Agreement by 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 Construction of Pathway. Grantor will construct public pathways across the Easement
Property in accordance with the standards of the City of Eagle and pursuant to the rules, regulations
and policies of the City of Eagle.
4. COVENANTS AND AGREEMENTS OF GRANTEE.
4.1 Maintenance of Pathway. Grantee covenants and agrees that they will maintain said
pathway in a manner consistent with the purposes set forth in Section 2.2 of this Agreement and
pursuaritto the rules, regulations and policies of the City of Eagle.
Bald Eagle Pointe21 Pedestrian Pathway Easement—Page 2
4.2 Signs.Grantee shall be permitted to post such signage on and along said pubucpathway
as in its sole discretion deems appropriate and as are consistent with the rules, regulationsand policies
of the City of Eagle governing permitted uses and hour,,; of op eration, if any, of the pathway. Any
such signat"
ae shall include notification.that private property exists oil either sideof the public pathway
and. a warning that the public pathway crosses a service road utilized by heavy machinery and/or large
equipment.
5. INDUMNIFICATION.
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 andlor expenses including, without limitation,
reasonable attoi-neys' 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 easementby 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, indermify 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
inay 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 easernentby Gran-tee or the
public, expect 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.
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 A greerrietit, 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 rernairi enforceable
notwithstanding any resclssion of this Agreement or a deterinination by a court of competentjunisdiction
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,
immunitv,, 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 Agreernent 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.
Bald Eagle Pointe 2 Pedestrian Pathway Easement—Page 3
6.4 Successors and Assigns. This Ag herein granted, and the
I , reenient, the permanent easement in
covenants and agreements herein contained shall inure to the benefit of and be binding upon the parties
Ci
hereto and their successors and assigns.
6.5 Recordatiom 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 n-temoranda,con-espondence,conversations and negotiations.
IN WITNESS WHEREOF, the undersigned have duly executed this Agreement. as of the dates set forth
below.
[signatures on following pages]
Bald Eagle Pointe 2 Pedestrian Pathway Ezsenient—Page 4
GR-ANTOR: WPG BEP LLC
Tod(t& Cunfij'ngham, Manager,
Woodbridge Pacific Grout),LLC,
Manager of NVPG BEP LLC
STATE OF IDAHO
ss.
County
ledged before me on Th is reco uL-wits--atkii��v _2 a Todd S. ("Willingham,
Mg'tiger of Woodbridge Pacific Group LLC,Manager of WTG
(stamp)
Notary Signature
x iris:
Bald Eagle Pointe Pedestrian Pathway Easement - "age 5
.......................................................................... ....................
ACKNOWLEDGMENT
A notary public or other officer completing this
certificate verifies only the identity of the individual
who signed the document to which this certificate is
attached, and not the truthfulness, accuracy, or
validity of that docurnent.
State of California
Orange
County of
On
November 1 before
8, 2022 Stephanie Rossi, Notary Public me,
(insert name and title of the officer)
S
personally appeared Todd , gib
who proved to me on the basis of satisfactory evidence to be the person(s)whose narne(s) is/afe
subscribed to the within instrument and acknowledged to me that he/she.44"executed the same in
hisfiTaA4eif authorized capacity(ies), and that by hisl4eOWv*signature(s)on the instrument the
person(s), or the entity upon behalf of which the person(s) acted, executed the instrument.
I certify under PENALTY OF PERJURY tinder the laws of the State of California that the foregoing
paragraph is true and correct.
WITNESS my hand a Oilnd official seal. STEPHANIE ROSSI
COMM.#2364235 X
NOTA"PUBLICDCAUFORMA. ipy
71
01RANCE COUNTY
MY CONK EX7,jULY 5,204-5
-(Seaq Signature
............................1--l-......................... .............................................................. ........ .......A
GRANTEE: CITY OF EAGLE
Ja�on PiVcc,Mayor-, e4
%x
Attest byi�a\cy E. Osbom,
City Clerk/Treasurer
This record was acknowledged before me on ..... 9 202"', by Jason Pierce and
Tracy E. Osborn, on behalf of the City of Eagle, in their capacities as Mayor a- ndCity
Clerk, respectively.
CSEN,
fo AR
0"
1p Now-,y�,<ignature
(staii Residing
)
No SIV
My Commission Expires:.........._1
Of
Bald Eagle Pohite '&', Pedestriati Pathway Ease-nent Page 6
EXHIBIT A
,Lepal Description
Bald Eagle Pointe Subdivision No. 2
A parcel being located the S of Section I I and the N Y?of Section 14, Township 4 North,
Range I Fast, Boise Meridian, City of Eagle, Ada County, Idaho, and more particularly
described as follows:
Commencing at an Aluminum Cap monument marking the southeast corner of the SS 1/2of said
Se„Aion 11, from which an Aluminum Cap monument marking the northeast corner of said S 1/2'
bears N 0'49108' E a distance of 2645.32 feet-,
Thence N 89'27'29" W along the southerly boundary of said S 112 a distance of 1842.61 feet to
the POINT OF BEGINNING;
Thence leaving said boundary S 0"46'32"W a distance of 476.06 feel,to a point on the natural
or ordinary high water line of the North Channel of the Boise River-,
Thence along said high water line the following described courses and distances;
Thence S 63--22'38" W a distance of 1,50,89 feet to a point:
Thence S 54'06'3184 W a distance of 25,48 feet to a point;
Thence S 53'06'49"W a distance of 1.60 feet to the southeasterly corner of Bald Eagle
Pointe Subdivision No. 1, as shown in Book 121 of Plats on Pages 19094 through
1909-1, records of Ada County, Idaho;
Thence leaving said high water line and along the easterly boundary of said Bald Eagle Pointe
Subdivision No. I the following courses and distances:
Thence N 43056'46'W a distance of 431,41 feet to a point,:
Thence S 46"0314" W a distance of 18-641 feet to a point;
Thence N 4 3 0 56'46*'W a distance of '1 30,0 feet to a point,-
Thence S 46-^03'14" W a distance of 37.81 feet to a point;
Thence N 43056 46" W a distance of 27.00feet to a point;
Thence, S 46003'147' W a distance of 30.56 feet to a point,-
Thence S 79"10'23" W a distance of 268.40 feet to a point;
Thence S 72W'00" W a distance of 291 00 feet to a point:
Thence N s 1'5015" W a distance of 134-89 feet to a point on a curve;
Ui :). Bald Eagle Pointe Subdivision No.2
ri d5bluvons Job No.20-711
UndUreeyiilg�4CW-W, Page 1 of 2
Thence a distance of 12,63 feet along the arc of a 530.00 foot radius non-tangent curve
left, said curie having a central angle of 1"2 V55" and a long chord bearing N 78'05'00'
E a distance of 12,63 feet to a point',
Thence N 12*35'57"W a distance of 60.00 feet to a point-,
Thence N 1 0'49'37�'W a distance of 144.07 feet to a point;
Thence N 74"44`35" E a distance of 1519,24 feet to a point.;
Thence N 8001 5'15" E a distance of 79,01 feet to a point;
Thence N 8002913" E a distance of 158.18 feet to a point:
Thence N 79'1 0'2T' E a distance of 557.00 feet to a point;
Thence N 75"59'30" E a distance of 399.30 feet to a point;
Thence leaving said subdivision boundary S 0'46'32' W a distance of 216.21 feet to the POINT
OF BEGINNING.
This parcel contains 13.82 acres,
L A 4,0
Tp
Clinton W. Hansen, PPS
Land Solutions, PC � 0
January 25, 2022
Cl/V W
Bkaod Eagle Pointe SubdMsion
Lrand:Sblutions job No.20-77
LVW swVyiev Xa,J cons'aff-'R Page 2 of 2
EXHIBIT B
Legal Description
Citv of aale Pathwav Easement
Bald Eagle Pointe Subdivision No. 2
An easement beingiocated in the NE %of Section 14, Township 4 North, Range 1 Wast, Boise
Meridian, City of Eagle, Ada County, Idaho, and more particularly described as follows:
Commencing at an Aluminum Cap monument marking the southeast comer of the S 1/2 of said
Section 111, from which an Aluminum Cap monument marking the northeast comer of said S'1/2
bears N 0049t081' E a distance of 2645.32 feet;
Thence N 89'2T29"W along the southerly boundary of said S 1/2 a distance of 1,842.61 feet to a
point;
Thence S 0046'32"W a distance of 447.90 feet to a point on the northerly boundary of an
existing pedestrian easement recorded as Instrument No. 9139735, records of Ada County,
Idaho,
Thence along said boundary S 63"22'38' W a distance of 5."A-1 feet to the POINT OF
BEGINNING.:
Thence continuing aliong said boundary S 63'22'318'W a distance of 28.01 feet to a print;
leaving said boundary N 6'30'1 O +a distance of 3.90 feet to the southwesterly corner
of an existing City of Eagle pathway easement recorded as Instrument No. 2021-154-1139,
records of Ada 'County, Idaho.-
Thence along the southerly boundary of said existing City of Eagle easement N 66'39'20' E a
distance of 27.09 feet to the southeasterly corner of said existing easement;
Thence leaving said boundary S 16'29'14" E a distance of 2.15 feet to the POINT OF
BEGINNING.
This easement contains 80 square feet more or less and is subject to any other easements
existing or in use.
Clinton W. Hansen, PLS
Land Solutions, PC
AD-ril 29, 2022 L A tV0
Ail
11118
�p
Jij W
CRY of Eagle Patbwav Easement
LAn-d
Bald Eagie Pointe Subdi isiofi No.2
Job No,X)-77
page I of I
CITY OF EAGLE PATHWAY EASEMENT
BALD EAGLE POINTS SUBDIVISION NO. 2 4
LOCATED IN THE NE 114 OF SEICITION 14 1 AN, R,IW,. B.M. ill 2
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