Easement - Wade R Keller, D.O., PLLC - 2018 - Lot 2A, Block 1 Deuce Subdivision - Public Parking Easment Agreement - Deuce Sub./ Tennis Club Plaza / Keller Skin Care - 15 Public Parking SpacesADA COUNTY RECORDER Trent Tripple
BOISE IDAHO Pgs=7 ANGIE STEELE
CITY OF EAGLE, IDAHO
2025-011598
02/25/2025 09:07 AM
NO FEE
PUBLIC PARKING EASEMENT AGREEMENT
THIS PUBLIC PARKING EASEMENT AGREEMENT ("Agreement") is made effective
this .$2. day of February, 2018, by and between TPC East End Holdings1. LLC, an Idaho
limited liability company and Wade R. Keller, D.O., PLLC, an Idaho professional limited liability
company (the "Grantors"), and the City of Eagle. Idaho, a city within Ada County, Idaho,
incorporated under Idaho Constitution Article XII, §I
(the "Grantee") (collectively, the "Parties").
Recitals
A. Grantors are the owriers of that certain real property identified as Lot 1, Block 1 and
Lot 2A, Block 1, all within Deuce Subdivision, depicted on Exhibit A, attached hereto and made a
part hereof.
B. The Easement Property (Final Parking Area) includes, in part, vehicle drive isles and
a total of fifteen (15) improved parking spaces - one (1) located on Lot 1, Block I, fourteen (14)
located on Lot 2A, Block 1, all within Deuce Subdivision and upon real property owned by Grantors
as depicted on Exhibit B, attached hereto and made a part hereof, wherein references "15 Permanent
Shared Public Parking Stalls".
C. Grantors and Grantee desire to enter into this Easement Agreement so that Grantors
may provide the public with a non-exclusive, fifteen (15) space parking area in. accordance with site
specific condition of approval #10 from Tennis Club Plaza Subdivision (PP -I 3-13).
D. Grantors and Grantee agree and understand that Grantee accepts the configuration of
the parking area as the Final Parking Area and that site specific condition of approval #10 from Eagle
Tennis Club Plaza Subdivision has been satisfied.
AGREEMENT
NOW, 'THEREFORE., in consideration of the above recitals, which are material terms of
this Agreement, and of the mutual covenants and agreements contained herein, the parties agree
as follows:
1. Easement, Grantors hereby grant a non-exclusive easement for use by the Grantee
and the general public to enter Lot I, Block 1 from S. Edgewood Way and Lots I and 2A, Block
1 from E. Riverside Drive to travel across Lots 1, and 2A, Block 1, to allow the Grantee and the
general public to use the Final Parking Area for purposes associated with usage of the greenbelt
pathway, it being understood that Grantee will enforce any ordinances it has or may promulgate
relating to restrictions along the greenbelt and the Final Parking Area.
(a) Grantee agrees to place and maintain a trash receptacle at the site of the Final
Parking Area.
(b) Grantee agrees to place and maintain public parking signage at the site of the Final
Parking Area.
(d) Grantors agrees to maintain the physical integrity of the asphalt in good condition
PUBLIC PARKING EASEMENT AGREEMENT - 1
and repair, including the parking stall striping at the site of the Final Parking Area.
2. Non -Exclusive Easement. This Agreement does not extend to Grantee the right to
use the Final Parking Area to the exclusion of Grantors, their successors and assigns, and Grantor's
guests, invitees, agents and contractors who may additionally utilize the Easement Property;
provided, however, any such use by Grantors shall not diminish the structural integrity of Final
Parking Area, nor unreasonably interfere with the public's right to access and use the Final Parking
Area.
3. Compliance with Laws. In connection with the public's use of the Easement
Property, Grantee hereby covenants and agrees that the public's use shall in all respects comply
with any and all federal, state and local statutes, law and ordinances, codes, policies, rules and
regulations.
4. Indemnification. Grantee hereby agrees to indemnify and hold harmless Grantors,
their successors and assigns, from and against any and all claims for loss, injury, death or damage
and reasonable attorneys' fees and costs that may be incurred by Grantors in defending such claims
caused by, or arising out of, or in relation to, the use of the Easement Property and Final Parking
Area or the access thereto by the Grantee and the public. Grantee's obligation under this paragraph
to indemnify and hold Grantor harmless shall not extend to damages caused by the gross
negligence of Grantors, its successors and assigns, and Grantor's guests, invitees, agents and
contractors who may additionally utilize the Final Parking Area and Easement Property.
5. Notices. All notices, demands, requests, and other communications under this
Easement Agreement shall be in writing and shall be deemed properly served or delivered, if
delivered by hand to the party to whose attention it is directed, or if sent via U.S. mail, then three
(3) days following deposit therein, certified mail, return receipt requested, or if sent via facsimile
transmission, when received as confirmed by the date and time stamp on such facsimile
transmission, addressed as follows:
(a) If to Grantors:
Caleb Roope
430 East State Street, Ste. 100
Eagle, ID 83616
(b) If to Grantee:
City of Eagle
660 E. Civic Lane
Eagle, Idaho 83616
6. Miscellaneous Provisions.
(a) Recordation. This Agreement shall be recorded in the official records of
Ada County, Idaho, and the benefits and burdens of this Agreement shall be binding on the parties
hereto and their successors and assigns.
(b) Governing Law, Jurisdiction and Venue. This Agreement shall be construed
PUBLIC PARKING EASEMENT AGREEMENT - 2
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, Idaho is the proper venue.
(c) Counterparts. This Agreement may be executed in any number of
counterparts, each of which shall be deemed an original, and all of which, together, shall constitute
one and the same Agreement.
(d) Legal Representation. All Parties have been represented by separate legal
counsel in this matter. Thus, in all cases, the language herein shall be construed simply and in
accordance with its fair meaning and not strictly for or against a party, regardless of which party
prepared or caused the preparation of this Agreement.
(e) Captions. The captions at the beginning of the several paragraphs,
respectively, are for convenience in locating the context, but are not part of the text.
(f) Invalid Provisions. In the event any term or provision of this Agreement
shall be held illegal, invalid or unenforceable or inoperative as a matter of law, the remaining terms
and provisions of this Agreement shall not be affected thereby, but each such term and provision
shall be valid and shall remain in full force and effect.
(g) Attorneys' Fees. In the event that a party hereto shall bring any action or
suit against another party hereunder by reason of any breach of any of the covenants, agreements
or provisions on the part of the other party arising out of this Agreement, then in that event the
prevailing party shall be entitled to have and recover of and from the other party all costs and
expenses of the action or suit, including actual attorneys' fees, accounting and engineering fees
and any other professional fees resulting therefrom.
(h) Authority. Each party represents to the other that it has authority to execute
this Agreement and to perform all of the terms and conditions required of them as provided under
this Agreement.
IN WITNESS WHEREOF, the parties have caused this instrument to be executed as shown
below:
CITY OF EAGLE, a municipal corporation ATTEST:
organized under the laws of the State of
Idaho.
By:
Stan Ridgeway, Mayo
aha on"K. Bergmann, ''''''''''
City Clerk o`� OF.••A • �F
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PUBLIC PARKING EASEMENT AGREEMENT - 3
TPC East End Holdings I, LLC
an Idaho limited liability company,
By:
Caleb Roope, Manager
Wade R. Keller, D.O., PLLC
an Idalprofessional limited liability company
By:
\rac.LS4
Wade R. Keller, DO, Member
STATE OF IDAHO )
ss.
County of Ada )
On this Gla, day re IVO', 2018, before the undersigned notary public in and
for the said State, personally appeared STAN RIDGEWAY, known or identified to me to be the
Mayor of the City of Eagle and the person who executed the forgoing instrument on behalf of said
City and acknowledged to me that said City executed the same.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the
day and year in this certificate first above written.
TRACY E. OSBORN
NOTARY PUBLIC
STATE OF IDAHO
Notary P •clic for/idahp
Residing at: 0/ap-nai
My Commission Expires:
PUBLIC PARKING EASEMENT AGREEMENT - 4
STATE OF IDAHO )
ss.
County of Ada )
On this H day of F41/1/01 Wj . 2018, before the undersigned notary public in
and for the said State, personally appearddCaleb Roope, known or identified to me to be the
Manager of TPC East End Holdings I, LLC, an Idaho limited liability company and the liability
company who subscribed said company name to the foregoing instrument, and acknowledged to me
that he executed the same on behalf of said company; and that such company executed the same in
said company name.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the
day and year in this certificate first above written.
6t•
Notary Public for Idaho
Residing at: , j
My Commission Expires:
STATE OF IDAHO )
. ss.
County of Ada )
On this ' day of Feb ilia , 2018, before the undersigned notary public in
and for the said State, personally appeared Wade R. Keller, DO, known or identified to me to be the
Member of Wade R. Keller, DO, PLLC, an Idaho professional limited liability company and the
liability company who subscribed said company name to the foregoing instrument, and
acknowledged to me that he executed the same on behalf of said company; and that such company
executed the same in said company name.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the
day and year in this certificate first above written.
'''• IE N.I•A
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Notary Public for Idaho
Residing at: kig, , C 1 t
My Commission Expires:
PUBLIC PARKING EASEMENT AGREEMENT - 5
2016122759
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NOTES
1 UNLESS OTMERr8SE 0E0G4ATED AND DINE491NE0 HEREON. 114E6E SHALL BE A PERMANENT EASEMENT FOR PUBLIC .118.115, 4t8IGADO01,
LOT DRAINAGE AND STREET UG111S OVER THE SEVEN AND ONE HALF (75) FEET ADJACENT TO ANY PUBLIC STREET THIS EASEMENT
91ALL NOT PRECLUDE THE CONSTRUCTION OF HARD -SURFACED DRIVEWAYS ANO WALKWAYS TO EACH LOT. SATO EASEMENT FOR STREET
UGH13 IS IN FAVOR OF THE DEUCE SU8OIN90N WARS ASSOCIATION, WC.
2. THERE SMALL BE A PERMANENT BLANKET EASEMENT FOR LOT DRAUTAGE• PRESSURE IRRIGATION LINES. AND SEWER AND WATER SERVICE
LINES OYER ALL LOTS IN A00060ANCE WIN 111E COMPS FOR 1445 51.013171WSON. SAID EASEMENT SHALL NOT PRECLUDE THE
CONST.151104 OF PERMANENT STRUCIURE5 P60NDED PERMANENT STRUCTURES ARE NOT CONSTRUCTED OVER SAID UNE5.
3. A P118U5 may EASEMENT AS DELINEATED HEREON IS HEREBY GRANTED FOR OPERATION AND MAINTENANCE OF PUBLIC UTILI1ES.
4. 1195 OEYE1OFMMT 15 W ONCG? TO THE 0EYCLOPMENT AGREEME97 A5500ATED NTN 02-24-068001 AND/516 ANY SUBSEOENT
M001nCADON(5). 561 2487 Ikl 3oWo7.3M711 .670 .204-o.t'137.
S. 101IMW 81115190 SETBACK ONES SHALL BE 19 ACCORDANCE MIM THE OTT Di EAGLE 2096/0 0RD1wWCE AT 184E 1191E CR ISSUANCE OF
A 014510040 PERWT OR AS SPECIFICALLY APPROVED BY THE 5040,11045 Or DEVELOPMDIT AGREEMENT 00-24-0691003 AND/01 ANY
9JBUGUS/7 IODUIGTON(S).
6. ANY 9E-9 0138901 OF TN5 PLAT SHALL COM9L7 MM 0TY CODE N EFFECT AT Dm 1WE or THE RE-9JBDN919.
7 I00ICATIGI WATER HAS BEEN PR0010E9 BY THE NEW UNION DITCH COMPANY, =TED 98 COMPLIANCE MTH IDAHO COOS 31-3605(1)(0).
DEUCE SU8380904 wul. 06 ENTITLED 70 001011704 WATER RIGHTS AND DEUCE 9NDIN90. OWNERS As500ATDN INC MU. BE
OBLIGATED FOS ASSES9ENTS FROM 114 NEW UNION S1DI COMPANY. REFERENCE 'PUMP FAOUTY MAINTENANCE. OPERATION AMD ACCESS
EASEMENT RECORDED AS INSTRUMENT N0. 2015-017256. 01110411 6ECOOD5 Or ADA COUNTY. TOMO. RELATING TO !ROGATION WATER.
0. A PERMANENT ACRD EASEMENT ADJACENT TO THE PUBLIC RIGHT OF WAY, RECORDED AS 195111LNENT NOS. 2014-066112. 2015-0 53111
AND 106045461. OPFIOAL RECORDS OF ADA COUNTY. IDAHO.
9. ALL LOTS SHALL PROM( RECIPROCAL CROSS -ACCESS FCR YbOOAA9 AND 0555$1R AN INGRESS AND EGRESS TO NE PU81.5
0101115 -6F -WAY. ALL LOTS SHALL MONDE RE0PROCAL CROSS -PORNO W ACCORDANCE 84TH 'ME comes FOR TIS 9RDM90N.
10. 0E10G1ULR ACCESS 70 LOIS ALONG 5 EDGEW000 WAY AND E. RIVER90E 08680 IS 69000155 UNLESS SPECOICALLY ALLOOED BY 184E
AOA COUNTY NIOI8AY DISTRICT AND THE CITY OF EAGLE.
11. THIS 918018909 AMO ALL OEYELOPMENT. ILPROYEMERT AND RE96D18904 THEREOF .1111 85CTTE TERMS AND CON01TON5
Or 17E RECORDED CUM'S FOR DEUCE 5585108106, RECORDED A5 IN51iNMENT N0. 4910 - O Oy DAL KO NTOS OF ADA
COUA77. IDAHO.
12. E. 04ER5100 DRIVE NIGHT -OF -WAY 50069 HEREON wA5 OEFDED TO ADA 00001M HIGHWAY DISTRICT PER 1951RWE9T N0. 108077070
AND NO. 2014-086539. OFFICIAL RECORDS Or ADA 50ut7Y. IDAHO
13. AN IDAHO POWER EA5EYENT, RECORDED A5 INSIRUWIT N0. 2016-000456. OFFICIAL 6ECO0DS OF ADA =NTT. IDAHO.
14. MIS DEVELOPMENT RE00012ES IDAHO COOS 22-4503, RIGHT 10 FARM ACT. WINCH STATES THAT NO AGRICULTURAL OPERATION.
A0RIGULT3RK FACRITY 0R EXPAN90N 1HERE0S SHALL BE OR BECOME A NUISANCE, PRIVATE OR PUBLIC. BY ANY CHANGED COM01T0NS
w OR ABORT ME 9ARR0IN51NG NON-AGRI00LTURAL ACT ARIES AFTER IT HAS BEEN IN OPERATION FOR 48011E THAN ONE (1) YEAR, WHEN
THE OPERATION, FACILITY OR ESPAN501 WAS NOT A NWSANCE AT NE 111/5 11 BEGAN 0R WAS CONSTRUCTED: PRONDEO. THAT THE
PR0a90N5 OF 1195 5ECT014 SHALL NOT APPLY WHENEVER A NUISANCE RESULTS FROM THE 1MM0PER OR NEOIGENT OPERATION OF ANY
AGt00L10RAl OPERAT09. AGEOILTURAL FAOUTY OR 03PAN90N HEREOF
15. 9115 9 0011806 S SU6ECT TO MAT CERTAIN UCENSE AGREEMENT MN ME ADA COUNTY NOWAY DISTRICT. RECORDED A5
WSIRULE 17 NO 2015-030060. 0A5AL RECORDS OF ADA C011Ntt. 108.140.
16 1845 91451185109 S S1IBACT TO THAT CERTAIN LICENSE AGREEMENT MIN ME ON OF EAGLE. RECORDED AS INSTRUMENT N0.
2015-026433, OFFDU4 RECORDS OC ADA COUNTY. TOMO. AND/OR ANY SUBSEDUENT M0DEICATIOMS.
17 THIS 9U80VISION SHALL RETAIN AND TREAT STORM DRAINAGE % IN ME 91B50504 BOUNDARY.
10 A P9CSSuRfED NNGATDN EASEMENT AMD W.NIENANCE AGREEMENT RECCRDEO AS INSTRUMENT N0. 2011-019171, OFFICIAL RCOMDS of
ADA COUNTY. TOMO.
19 PORT0N5 Or S S SUBD10IS10N LLE MNIN AN AREA OF SPECIAL FLOOD HAZARD (ASFH) AS IOEN119ED ON NE FLOOD INSURANCE RAZE
44AP (FUM) PANE NUMBER 1600100162 N. EFFEC11vE 011E OF FEBRUARY 19, 2003. AND ARE SU8,ECT TO TIIE REGULATIONS OF EAGLE
CITY CODE TILE 10, 11.000 CONTROL SHEET 91000415 CAN AND MILL OCON AND FLOODS OF GREATER MMi611A0E MAY INUNDATE
AREAS 011SDE IDENTIFIED FLOODPLAIN AND R000WAY BOUNDARY LINES. BUILDER(5) 061 BE RESPONSIBLE TO MEET THE
1L00DWAY/R00DPLAIN REQUIREMENTS N EFFECT AT THE TIME CP NE SSVANCE Cr A BLINDING PFA NT
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2 1/2 INH 041 ALUMINUM CAP STAMPED 'K5 12459 KM INC, 2015•
KY6F NO 2015-012846 ---
LEGEND
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91100901 0018/DARY UNE
0651804 UNE
CE91ERU0E
LOT UNE
EASEIE9T UNE
EMSTNO PROPERTY/RIGHT-OF-WAY UNE
FOND 5/0' IRON PIN, PLS 5618
UNESS OTHERWISE NOTED
FOND BRASS STEM 111 CONCRETE
FOUND AWMININ CAP MONUMENT
FOUND BRASS DISC MONUMENT
ST 5/8' RON PIN W/4.ASTC CAP PI.S 11574
SET 1/2' NON PIN LA/PLASTIC CAP Ply 11574
SET COPPER CAP PLUG IN CONCRETE.
(MN MACNE11C INSERT) STAMPED PLO 11574
LOT N2M0ER
PONT OF BE0N6N0
SURVEYING SERVICES PROVIDED BY:
SAWTOOTH LAND SURVEYING
2030 5. WASHINGTON AVE
EMMETT, ID 83617
DEVELOPER:
PACIFIC WEST COMMUNITIES, INC.
RENNISONENGINEERING
row 1001 tap4.IOM 60616 98 200.9363440
DATE: 7/26/16 SHEET 1 OF 3
0
EXHIBIT "B"
FINAL PARKING AREA
TENNIS CLUB PLAZA
SUBDIVISION NO. 1
LOT 1
a.I 1 1 1 1 1 1 1
.15 PERMANENT SHARED PUBLIC PARKING STALLS
C c
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1
1
1
1
1
1
60'
1"=60'
PRINT DATE/TIME 11/13/2017 8 13 AM
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FILE NAME' DEUCE SUB SHARED PARKING EXHIBIT.dwg
RENOVARE SUBDIVISION
RENNISDNENGINEERING
PO Box 1001 Eagle, Idaho 83616 P. 208-938-2440