Easement - Eagle Sports Park - 3/13/2018ADA COUNTY RECORDER Christopher D. Rich 2018-027622
BOISE IDAHO Pgs=28 DAN RYALLS 03/28/2018 04:30 PM
EAGLE CITY NO FEE
11111111111101119912011180102171212012112181111111111 III
JOINT EASEMENT AGREEMENT
This Joint Easement Agreement ("Agreement") is made by and between the Tandem
Ridge LLC, ("Company"), Tandem Ridge Homeowners Association ("Association") and the
City of Eagle ("City"). This Agreement is dated for reference purposes as of /SRO-/ C Z'
_, 2018. The term "Tandem Ridge" shall refer to Company and the Association jointly.
RECITALS
1. Tandem Ridge owns certain real property located in Ada County, Idaho described on
Exhibit A attached hereto ("Property"). The City owns certain real property located in
Ada County, Idaho described and depicted on Exhibit B attached hereto ("Park").
2. The Park adjoins the Northeast and Southeast boundaries of the Tandem Ridge
Subdivision, as shown on Exhibit C.
3. Historically, water has drained between the properties and from the Property onto the
Park. It is also anticipated that in the future water will naturally drain from the Property
onto and through the Park.
4. The parties agree that the grants of rights and easements contained herein are of mutual
benefit.
5. In connection with the development of the Property into a residential development,
Tandem Ridge desires to discharge rates of historic water flow from the Property in
amounts not to exceed maximum rates of historic flow into a swell located on the Park
property and the City agrees to allow said discharge.
6. The water discharged from the Property will consist of run-off from residential areas and
the impervious structures or surfaces associated with the residential development located
on the Property as depicted on Exhibit C ("Tandem Ridge Subdivision").
7. The City wishes to access the Park by way of an easement across the Southern Border of
Tandem Ridge and Tandem Ridge agrees to grant said access as described herein.
TERMS
For valuable consideration for the mutual promises contained herein, the parties agree as follows.
1. Grant of Easement: Drainage. the City grants to Tandem Ridge and their successors
and assigns a perpetual easement ("Drainage Easement") in, to, through, and over the
Park ("Drainage Easement Area") for the purpose of: discharging water run-off
originating on the Property, storing the discharged water as depicted on Exhibit C and
constructing and maintaining the facilities identified as "Drainage Swales", "Proposed
Sediment Basin", and "Existing Retention Area". These facilities are shown in blue on
JOINT EASEMENT AGREEMENT Page 1 of 6
Exhibit C. The exact size and location of the facilities described above will be designed
as reasonably necessary to accommodate flows of runoff water from the Property.
a. Use of the Drainage Easement Area. The City or their successors or assignees
shall not construct or place any structure, building, or other surface
improvements, whether temporary or permanent, or plant or locate any trees or
shrubs within the Drainage Easement Area. Any such improvements that now or
hereafter materially affect Tandem Ridge's use of the Drainage Easement may be
removed by Tandem Ridge without notice and without lability.
b. Maintenance. The City shall be responsible for maintaining the Drainage
Easement Area in a safe condition. Tandem Ridge shall be responsible for any
additional maintenance required to facilitate their use of the Drainage Easement in
accordance with this Agreement.
c. Conduct of the Parties. Neither party will take any action that is inconsistent
with the terms of this agreement. At all times, all actions of Tandem Ridge within
the Drainage Easement Area must be taken in full compliance with all applicable
governmental rules and regulations. Tandem Ridge may assign the rights under
this Agreement to any successor entity, individual, or association. Any assignee of
this agreement shall assume the obligations of Tandem Ridge under this
Agreement.
d. Indemnity. The Association shall indemnify, defend, and hold harmless the City
from and against any and all losses, claims, actions, damages, liabilities, penalties,
fines, or expenses including claims of mechanics liens, injury to persons, or
damages to property resulting from Tandem Ridge's use of the Easement Area
except to the extent that any such claims results from the wrongful acts or
omissions, or the negligence, gross negligence or willful acts of the City.
e. Ingress and Egress. Tandem Ridge shall have the right of access over and across
the Park for itself and its agents to the extent reasonably necessary in order to
exercise the rights provided in this Agreement. Tandem Ridge shall limit times of
access as provided for in this Agreement to reasonable business hours.
f. Reserved Rights of the City. The City reserves the rights to use the Drainage
Easement Area and to grant further easement interests in the Drainage Easement
Area to others so long as such interest and uses do not materially or unreasonably
interfere with the use of the Drainage Easement Area by Tandem Ridge in
accordance with this Agreement.
2. Grant of Easement: Access to Park. Tandem Ridge agrees to allow the City to access
the Park across the easement described on Exhibit E and F, attached hereto ("Access
Easement"). Said easement shall be limited to the area designated contained within lines
21, 22, and 23 on Exhibit F. The purpose of said easement is to allow the City to access
the Park over and across the Property for the purpose performing maintenance and
construction the Park property or features or facilities located thereon. The City may limit
public and/or resident access to portions of this easement for safety reasons or to prevent
interference with City operations.
a. Construction. Tandem ridge shall construct an asphalt roadway across the
Property within the Access Easement area. The exact design and location of the
JOINT EASEMENT AGREEMENT Page 2 of 6
facilities described above will be designed as reasonably required to achieve the
purposes set forth in this section.
b. Maintenance. The City shall be responsible for any and all maintenance or
upkeep required to keep the Access Easement area in a safe and usable condition.
c. Indemnity. The City shall indemnify, defend, and hold harmless the Tandem
Ridge from and against any and all losses, claims, actions, damages, liabilities,
penalties, fines, or expenses including claims of mechanics liens, injury to
persons, or damages to property resulting from The City's use of the Access
Easement area except to the extent that any such claims results from the wrongful
acts or omissions, or the negligence, gross negligence or willful acts of the
Association.
d. Ingress and Egress. The City shall have the right of access over and across
access easement to the extent reasonably necessary in order to access the Park for
the purposes described above.
e. Termination of Easement. This Access Easement granted in by this section shall
terminate at such time that the City ceases to own, operate, or maintain the Park.
3. Defensible Space. The City hereby agrees to allow Tandem Ridge to maintain the
portions of the Park designated as "Defensible Space Buffer" on Exhibit D in accordance
with the reasonable and necessary requirements set forth in the Landscape Plan approved
by the City of Eagle and attached hereto as Exhibit D. The City hereby grants Tandem
Ridge and their employees and/or agents access through the Park as reasonably necessary
to construct, improve, and/or maintain the Defensible Space Buffer and any
improvements thereon. The Defensible Space Buffer shall not impede on the City's Park
operations, public trail use, or events. Prior to accessing the Park to construct, improve,
and/or maintain the Defensible Space Buffer, Tandem Ridge or its agents/representatives
shall contact the City. The City reserves the right to reject or modify the Defensible
Space Buffer boundaries if it determines it will impede on the actions listed above or if it
will negatively impact the environment.
4. Inurement. The benefits and burdens of this Agreement shall inure to the benefit of and
be binding upon the parties and their respective successors and assigns. Unless otherwise
stated herein, the rights and obligations set forth in this Agreement are intended to run
with the land and to bind both the Property and the Park in perpetuity.
5. Attorneys' Fees. In the event of any litigation, arbitration, mediation, or other
proceeding brought to enforce or interpret this Agreement, the prevailing party shall
receive an award of its reasonable attorneys' fees and costs.
6. Paragraph Headings. Paragraph headings are included for reference only and do not
constitute part of this agreement.
7. Governing Law. This Agreement shall be governed and construed under the laws of the
State of Idaho without regard to conflicts of law provisions.
JOINT EASEMENT AGREEMENT Page 3 of 6
8. Severability. Whenever possible, each provision of this Agreement will be interpreted in
such a manner as to be effective and valid under applicable law, but if any such provision
will be ineffective only to the extent of such prohibition or invalidity, without
invalidating the remainder of this Agreement.
9. Notices. All notices, demands, or other communications to any party under this
Agreement shall be in writing (including electronic mail and facsimile transmission) and
shall be delivered to the following representatives:
If to the Company, to:
If to the Association, to:
If to the Department, to:
All such notices, demands, requests, or other communications shall be deemed received on the
date of receipt by the recipient prior to 5:00 p.m. on a business day.
10. Waiver. Waiver by either party of any one default will not be deemed to be a waiver of
any other default under this Agreement. Any remedy or election under this Agreement
will not be deemed exclusive, but, instead, whenever legally permissible, will be
cumulative with all other remedies at law or in equity.
11. Record of Agreement. This Agreement shall be recorded by Tandem Ridge as
Instrument No. after its execution.
12. Construction. This Agreement shall be given a reasonable construction so that the
intention of the parties can be carried out.
JOINT EASEMENT AGREEMENT Page 4 of 6
13. Exhibits. The parties acknowledge and agree that each of the Exhibits attached to this
Agreement form an integral part of this Agreement and by this reference are incorporated
herein as if set forth in full verbatim.
14. Joint and Several Obligations. All obligations of the respective parties to this
Agreement shall be joint and several obligations.
15. Representations. There are no representations or warranties between the parties not
expressly stated herein. This Agreement shall only be modified or amended by written
document executed by all the parties.
Signatures:
Tandem Ridge, LLC
ging Member
Tandem Rjdge Homeovyners Association
Preent
City of Eagle
Stan Ridgew
Mayor
Attest:
r,,
Sharon Bergmann I Date
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Date
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JOINT EASEMENT AGREEMENT Page 5 of 6
STATE OF IDAHO
. ss.
County of Ada
On this at- day of LIk , 201,8 before me, the undersigned, a Notary
Public in and for said state, personally appeared [ 9 i , �----r C. S Cr\
known or identified to me to be the persons whose names de subscribed to the within
instrument, and acknowledged to me that they executed the same.
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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STATE OF IDAHO
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Notary Publidfor Idaho
Residing at
My Commission
,Idaho
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County of Ada )
On this 15' day of IlAatv Lk) , 2018 • efore me, t eu.i dersigned, a Notary
Public in and for said state, personally appeared r��
known or identified to me to be the persons whose names are subscribed o the with
instrument, and acknowledged to me that they executed the same.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the
day and year first above written.
(SEAL)
Notary Public for Idaho J ,
Residing at VIALL-1 , Idaho
My Commission Expires: 4- ZIP - 7 O Z -O
SHERI HORTON
NOTARY PUBLIC
STATE OF IDAHO
JOINT EASEMENT AGREEMENT Page 6 of 6
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TitleOne
t121C .Y CSCrOW CO
Order Number: 16271125
For value received,
ADA COUNTY RECORDER Christopher D. Rich
BOISE IDAHO Pgs=' HEATHER LUTHER
, TITLEONE BOISE
Warranty Deed
Gateway Parks, LLC, an Idaho lirnited liability company
the grantor, dces hereby grant, barge!n, sell, and ccwey unto
Tandem Ridge, LLC, an Idaho limited liability company
wnose current address is 1772 S. Lakemcor Way Eag e, ID 83616
2017-017733
02/2812017 04:57 PM
S10 00
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EXHIBIT
the grantee, the following described premises, in Ada County, Idaho, to wit.
A portion of the Southeast quarte- of the Northeast 3.varter of Section. 3, Township 4 Noin, Range 1 East, Boise
Meridian. Ada County, Idaho, more particularly described as follows:
Beginning at the Southeast comer of said Section 3, thence
North 15`40' West, 2737 5 feet to a point on the Easteay right of way tine of State Highway 15 which is the Rear
Point of Beginning; thence
North 18°41' West. 582.9 fee: along said Easleriy r;ght of way line to a point; thence
South 82`37' East, 330.0 feet to a point; thence
South 15°25' West, 528.8 fee; to the Real Point of Beginning.
To have and to hold the saki premises, with their appurtenances unto the said Grantee, its heirs and assigns forever.
And the saki Grantor does hereby covenant to and with the said Grantee, that Grantor is the owner in fee simple of
said premises; that they are free from all encumbrances except those to which this conveyance is expressly made
subject and these made suffered or done by the Grantee; and sub act to all existing patent reservations, easements,
right(s) of way, protective covenants, zoning ordinances, and applicable building cos,dstaws and regulations.
general taxes and assessments. including irrigation and utility assessments (if any) for the current year, wh'ch are not
due and payable, and that Grantor will warrant and defend the same from all la:.lut claims whatsoever Whenever the
context so 'squires, the singular number includes the plural.
,Da1.17-1:,. • >-.,7"117
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Gatewf Pari 0, en Idaho limited liability ccmpany
By: Ry'rin Nep un;";.'anager
Stale of Idaho, County of Ada, ss
Jr
On the _ day of �Z1)rt. i 2017, Lefo'e me, the under= gnad, a Notary Public in and for said S'ata.
perscnaliy appeared Ryan Neptur e, known 6r identified to me to be a Member of the limited liability company t'a:
executed the within instrument and acknowledged to re that he executed the same for and on behalf of said 1 "Hued
liability ccmpany and that suer: limited liability cempary executed it
IN WITNESS WHEREOF, I have hereunto set my hand an:: affixed my official sea' the day z.nd yea; in this
certific :.. first a..ove written.
. "nary Pubkc for idaJjo
• esidi^.g In Gi.'LF %-%
my Commission Expires: /Di' r_ I( 7
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RECORDING REOL.E.STED 131. -IND
H 7IE.\ RECORDED RETL'RN TO:
City of Eagle
P.O. Box 1520
Eagle. 11) 83616
/4.2.3.1)o-,)-,161/57>
ADA COUNTY RECORDER Christopher D. Rich AMOUNT 40.00 11
BO SE DAHO 04/11/2014 11:20 AM
DEPUTY Nikola Olson
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TITLEONE BO SE 114027082
(Space Above For Recorder's Use)
BARGAIN AND SALE DEED ,,
This Bargain and Sale Deed is made this 9 day ofl'iPe/L-
201 4. between Ada County, a duly formed and existing county pursuant to the laws and
Constitution of the State of Idaho ("Grantor"), and the City of Eagle, an Idaho Municipal
Corporation ("Grantee"). whose current address is 660 E. Civic Lane, P.O. Box 1520, Eagle,
Idaho. 83616.
Section 1. Conveyance
i'or value received, Grantor does hereby bargain, sell. and convey to Grantee that certain
parcel of land Tying and being in the County of Ada, State of Idaho. (hereinafter "Property") as
more particularly described in Exhibit A. attached hereto and incorporated herein:
'i -o have and to hold the Property. with its appurtenances unto Grantee. and Grantee's
successors and assigns forever.
Grantor for itself. its successors and assigns, docs hereby covenant that at the time of
execution of this i3argain and Sale Decd the Property is free from all encumbrances. except those
made. suffered or done by Grantee, and except the 'natters set forth on Exhibit B to this Bargain
and Sale Dccd, and except general taxes and assessments, including irrigation district and utility
assessments, and except any casements or other matters of record or which would be disclosed
by an accurate survey or careful inspection of the Property.
Section 2. Conditions of Conveyance
'1'O HAVE AND TO 11OI.1) the Property unto the Grantee so long as the Grantee shall
comply with the following express conditions and restrictions:
a. Grantee's use. maintenance, and development of the Property shall comply with, he limited
to. and he consistent with those uses specified under the "Public Semi -Public" zoning
classification to which the Property is presently subject. as per Title 8 of the City Code of
the Cit) of Eagle ("City Code"): to -wit. as per City Code § 8-2-3, "Schedule of District Use
BARGAIN AND S.Ai.E DEED -PAGE 1
Exhibit B
Regulations." the Property may only be used. maintained, or deN eloped for the following
purposes:
Golf course and related services
Government building, offices
Library
Museum
Park and recreation facilities
Portable classroom
Public service facilities
School, public or private
Ambulance services
Animal shows or sales
Arts and crafts shows
Christmas tree sales
Circuses and carnivals
Emergency healthcare
Emergency services
Parking lot, parking garage
Personal \yirelcss facilities (enclosed building, height -- 35' oi- less)
Personal wireless facilities (enclosed building, height - over 35')
Personal wireless facilities (height - 35' or less)
Personal wireless facilities (height - over 35' feet)
Street lair
Vet clinic (animal hospital)
In interpreting the provisions of this restriction, the current zoning provisions of the City
Code as are in effect as of the date of this Bargain and Sale Decd shall in all respects govern
and control. Any subsequent amendment(s) or changes to the City Code shall not
supersede, modilj', or alter the provisions of this Bargain and Sale Deed restriction, which
shall in all respects relate back and he interpreted as per the City Code provisions currently
in existence as of the recording date of this deed. Any use, maintenance, or development
upon the Property shall he subject to Grantee obtaining all permits, approvals, zoning andPor
conditional use permits, and any other permissions as may be necessary.
b. At no time and under no circumstances shall the Property or any portion thereof be used.
maintained. or developed for any purpose that is not consistent with the current "Public
Semipublic" zoning classification to which the Property is currently subject. In the event
Grantee leases or transfers possessory rights to any of'the Property. Grantee shall ensure the
conditions and restrictions of this Bargain and Sale Decd aro complied with by any such
third parties. Further. Grantee shall not sell, transfer, or convey ownership or title to the
Properly or any portion thereof to any third party.
BARD.\I\ A\I) SALE DEED PAGE
Exhibit 3
•
Section 3. Effect of Breach of Conditions
1t is made an express condition of this corn e) ancc that if the Property or an portion thereof
is developed. maintained, or used in derogation of the foregoing provisions. or if Grantee shall
breach any of the conditions or restrictions contained in this Bargain and Sale Deed. then in such
event Grantor. at its sole option. ma) demand, in v.m•itine. that Grantee be divested of the title to the
Property. In such case. title to the Property shall end effective upon Grantee's receipt of Grantor's
written demand, without the necessity of any conveyance, and the title to the Property shall revert to
Grantor. The provisions hereof may be enforced by Grantor, its heirs. personal representatives,
successors and assigns.
Section 4. Term of Conditions and Restrictions,
The term of the conditions and restrictions imposed in this conveyance shall continue for a
period of twenty -live (25) years after the date of recordation of this Bargain and Sale Decd. After
the expiration of said period, said conditions and restrictions shall automatically terminate and shall
be of no further three or effect.
Section 5. Accentance
By recordation of this Bargain and Sale Decd. Grantee shall be deemed to have accepted
and agreed to comply with the conditions and restrictions set forth in this Bargain and Sale Deed
and to the provisions concerning divestment upon breach thereof, as set forth in this Bargain and
Sale Deed.
BA\RGAIN AND SALE DEED - P.\GE 3
IONAI.I.Y BLANK.]
Exhibit 8
IN WITNESS WHEREOF, Grantor has executed this Bargain and Sale Deed on the date and
year written above.
Board o da County Commissioners
r
By: I it' 1 tit,
Daid L. Case. Chainnan
ATTEST:
&„17)?ef
Christopher 1). Rich, Ada County Clerk
STATE OF IDAHO )
) ss.
Seller of Ada )
On this day of ;' 2014, before me, a notary public, personally
appeared David L. Case, known or identified to the to be the Chairman of the County
Commissioners of Ada County that executed the said instrument, and acknowledged to me that Ada
County executed the same.
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BARGAIN AND SALE DEED • PAUL 4
Notary Public for Idaho
Commission Expires
Exhibit 8
EXHIBIT A
1.LCiAL DESCRIPTION
"Boundary Description
Adjustment Parcel — Eagle Sports Park.'
Prepared by Atlas Land Surveying. bearing the seal oI'
Dean J. Coon dated 2 '20 14
(2 pages - attached)
BARGAIN AND S.\LE DEED — EXHIBI]' A
Exhibit B
ATLAS LAND SURVEYING
206 NW 9' STREET FRUITLAND, ID 83619 www.atlas-survev.cora
PHONE: 208-739-3802 OFFICE/FAX: 208-452-6462 atlas@atlas-survey.com
BOUNDARY DESCRIPTION
ADJUSTMENT PARCEL -EAGLE SPORTS PARK
A parcel of land located in Lot 1, Block 1, Hidden Hollow Subdivision, in the SW1 /4 and SW1 /4NW1 /4
of Section 2 and also in the SE1 /4 and SE1 /4NE1 /4 of Section 3, all in Township 4 North, Range 1
East, Boise Meridian, Ada County, Idaho, as follows:
Commencing at the northwest corner of said SW1 /4 (W1/4 comer) of Section 2, being
monumented by an Ada County brass cap monument in concrete;
thence along the north tine of said SW1 /4, also being the north line of Agreement No. 6905, a
tease agreement between Ada County and the City of Eagle for Ada -Eagle Sports Complex,
5. 89° 40' 12" E. 400.00 feet, to an aluminum cap on a 5/8" rebar, being the POINT OF
BEGINNING;
thence along the easterly boundary of said Lease Agreement No. 6905, S. 30' 38' 06" E.
491.74 feet, to a set 5/8" rebar with plastic cap stamped "D. COON 1310328", herein after
referred to as "capped rebar";
thence leaving said easterly boundary, S. 70' 10' 54" W. 391.53 feet, to a capped rebar;
thence S. 12' 22' 05" E. 646.75 feet, to a capped rebar;
thence S. 73' 11' 12" W. 101.20 feet, to a capped rebar,
thence 5. 18' 31' 08" E. 235.72 feet, to a capped rebar;
thence 5. 21' 42' 31" E. 511.15 feet, to a capped rebar;
thence 5. 71' 53' 21" W. 596.22 feet, to a capped rebar on the west line of said Lot 1, also
being the easterly right-of-way line of Horseshoe Bend Road (old State Highway 55);
thence along said west line (easterly right-of-way line), northerly 106.50 feet, along the arc
of a 1945.94 foot radius, non -tangent curve, concave westerly, through a central angle of
3° 08' 09", and whose chord bears N. 16' 32' 35" W. 106.49 feet, to a capped rebar;
thence along the west line of said Lot 1 (easterly right-of-way line), tangent to said curve,
N. 18'06' 39" W. 2111.40 feet, to a found 5/8" rebar;
thence along the west line of said Lot 1, N. 15' 58' 15" E. 528.75 feet, to a found 1/2" rebar,
thence along the west line of said Lot 1, N. 81' 59' 26" W. 329.97 feet, to a found 5/8" rebar
on the aforesaid easterly right-of-way line;
thence along the west line of said Lot 1 (easterly right-of-way line)
N. 18' 06' 31" W. 102.96 feet, to a capped rebar lying 30 feet
southerly of the center line of Goose Creek lane;
(Description continues on page 2)
E 12014 PRO.1114-002A•PL-HEIADMIMDFSCRI PTIOIMADJUSTMEIrr-AMEiIDED. odt
PAGE 1 OF 2
EXHIBIT
A
Exhibit 5
ATLAS LAND SURVEYING
206 NW 96 STREET FRUITLAND, ID 83619 www.atlas-survev.com
PHONE: 208-739-3802 OFFICE/FAX: 208-452-6462 atiascllatlas-survey.com
BOUNDARY DESCRIPTION
ADJUSTMENT PARCEL - EAGLE SPORTS PARK
(Description continued from pope 1)
thence the following five (5) courses, all lying 30 feet south of the as -built center tine of
Goose Creek Road:
1) leaving said west line (easterly right-of-way line), easterly 104.41 feet, along the arc of a
340.00 foot radius, ncn-tangent curve, concave southerly, through a central angle of
17' 35' 43", and whose long chord bears N. 87' 01' 03" E. 104.00 feet, to a capped rebar;
2.) tangent to said curve, S. 84' 11' 05" E. 74.07 feet, to a capped rebar;
3) easterly 365.27 feet, along the arc of a 530.00 foot radius curve, concave northerly,
through a central angle of 39` 29' 15", and whose long chord bears N. 76' 04' 17" E. 358.08
feet, to a capped rebar;
4) N. 56' 19' 39" E. 26.03 feet, to a capped rebar;
5) northeasterly 67.75 feet, along the arc of a 2.55.00 foot radius curve, concave
southeasterly, through a central angle of 15' 13' 25", and whose long chord bears
N. 63' 56' 21" E. 67.55 feet, to a capped rebar;
thence 5. 51' 18' 32" E. 417.66 feet, to a capped rebar;
thence 5. 34' 57' 37" E. 238.56 feet, to a capped rebar;
thence S. 32' 08' 43" E. 392.15 feet, to the POINT OF BEGINNING.
Containing 48.83 acres, more or less.
This description is based on the property line adjustment survey for the Eagle sports park as
shown on record of survey #9645 (Instrument No. 114012934), which amends record of
survey #9632 (Instrument No. 114007793), records of Ada County.
END OF THIS DESCRIPTION THAT CONTAINS 2 PAGES.
E:12014 PRO1114-002A-PL-HEIADNJNIDESCRIPTI0NS\ADJUSTMENT-AMENDED.odt
PAGE 2 OF 2
EXHIBIT
A
Exhibit 8
EXHIBIT R
EXCEPTIONS
1. Rights or claims of parties in possession not shown by the public records.
2. Any encroachment, encumbrance, violation, variation, or adverse circumstance affecting the Title that would be disclosed by an
accurate and complete land survey of the Land, and that is not shown by the Public Records.
3. Easements, or claims of easements, not shown by the public records.
4. Any lien, or right to a lien, for services, labor, or materials heretofore or hereafter furnished, imposed by law and not shown by the
public records.
5. (a) Unpatented mining claims: (b) reservations or exceptions in patents or in Acts authorizing the issuance thereof; (c) water rights,
claims to title to water, whether or not the matters excepted under (a), (b), or (c) are shown by the public records.
6. Taxes or special assessments which are not shown as existing liens by the records of any taxing authority that levies taxes or
assessments on real property or by the public records. Proceedings by a public agency which may result in taxes or assessments,
or notices to such proceedings whether or not shown by the records of such agency, or by the public records.
7. Taxes, including any assessments collected therewith, for the year 2014 which are a lien not yet due and payable.
8. Taxes for the year 2013 are paid in full.
Parcel Number: R3610110171
Original Amount: Exempt
Taxes for the year 2013 are paid in full.
Parcel Number: R3610110125
Original Amount: Exempt
Taxes for the year 2013 are paid in full.
Parcel Number: R3610110100
Original Amount: Exempt
Taxes for the year 2013 are paid in full.
Parcel Number: S0502244200
Original Amount: Exempt
9. The land described herein is located within the boundaries of the City of Eagle (208.939.6813) and is subject to any assessments levied
thereby.
10. The land described herein is located within the boundaries of Farmers Union Irrigation District (208-345.2510) and is subject to
any assessments levied thereby.
11. The land described herein is located within the boundaries of Eagle Sewer District (208.939.0132) and is subject to any
assessments levied thereby.
12. The land described herein is located within the boundaries of Eagle Water District (208.939.0242) and is subject to any
assessments levied thereby.
13. Right-of-way for N. Horseshoe Bend Road.
14. Reservations and exceptions in a United States Patent, and in the act authorizing the issuance thereof, recorded January 18, 1912
in Book 4 of Patents. at Page 391 and recorded June 19, 1915 in Book 5 of Patents, at Page 223, records of Ada County, Idaho.
13.1RG.\l\ .A\I)' \1 1 1)1 11) 1 \I IIBI 113
Exhibit B
15. Reservations and exceptions in a United States Patent, and in the act authorizing the issuance thereof, recorded as Instrument
No. 56050 on September 11, 1914 in Book 5 of Patents, at Page 139, records of Ada County, Idaho.
16. Reservations and exceptions in a United States Patent, and in the act authorizing the issuance thereof, recorded as Instrument
No. 64057 on May 1, 1916 in Book 5 of Patents, at Page 338, records of Ada County, Idaho.
17. Intentionally Deleted.
18. Right of way for ditches, tunnels, telephone, and distribution lines constructed by authority of the United States, as granted to
the United States under the provisions of Section 58.604 Idaho Code.
19. Right of the State of Idaho to negative easement in a Right of Way Deed to the State of Idaho recorded October 26, 1931 as
Instrument No. 146612 in Book 197 of Deeds at Page 418, records of Ada County, Idaho, as follows:
"Grantors agree that no building or structures except irrigation or drainage structures will be permitted to be constructed within 20 feet of
the real property above described."
20. Right of the State of Idaho to negative easement in a Right of Way Deed to the State of Idaho recorded January 9, 1935, as
Instrument No. 160919 in Book 208 of Deeds at Page 614, records of Ada County, Idaho, as follows:
"Grantors agree that no building or structures except irrigation or drainage structures will be permitted to be constructed within 20 feet of
the real property above described."
21. An easement for the purpose shown below and rights incidental thereto as set forth in a
document. Granted to: American Telephone and Telegraph Company of Wyoming
Purpose: Public Utilities Recorded:
September 2, 1941
Instrument No.: 207085
Book 17 of Miscellaneous Records, at Page 435, records of Ada County, Idaho.
NOTE: The exact location and extent of said easement is not disclosed of record.
22. An easement for the purpose shown below and rights incidental thereto as set forth in a
document. Granted to: Idaho Power Company
Purpose: Public Utilities
Recorded: May 7, 1948
Instrument No.: 275151
Book 20 of Miscellaneous Records at Page 632, records of Ada County, Idaho.
NOTE: The exact location and extent of said easement is not disclosed of record.
23. An easement for the purpose shown below and rights incidental thereto as set forth in a
document. Granted to: American Telephone and Telegraph Company of Wyoming
Purpose: Public Utilities
Recorded: October 27, 1941
Instrument No.: 208326
Book 17 of Miscellaneous Records at Page 536, records of Ada County, Idaho.
NOTE: The exact location and extent of said easement is not disclosed of record
BARGAIN AND DFI2F) I' 13
Exhibit 3
P ge J of 11
24. An easement for the purpose shown below and rights incidental thereto as set forth in a document.
Granted to: American Telephone and Telegraph Company of Wyoming
Purpose: Public Utilities
Recorded: October 27. 1941
Instrument No.: 208321
Book 17 of Miscellaneous Records at Page 531, records of Ada County, Idaho.
NOTE: The exact location and extent of said easement is not disclosed of record.
25. Intentionally Deleted.
26. An easement for the purpose shown below and rights incidental thereto as set forth in an Easement.
Granted to: Eagle Aircraft Company, an Idaho corporation
Purpose: construct, operate and maintain private or public utilities including sewer lines for the transmission of
sanitary sewage including the necessary trenches, pipes, manholes, connections and an easement to enter upon land
and grade, level, fill, dram, pave, build, maintain, repair, and rebuild a road or highway together with such bridges.
culverts, ramps, and cuts as may be necessary
Recorded: April 3, 1977
Instrument No.: 7917727
The beneficial interest under said Easement was assigned of record to Eagle Aircraft Company, an Idaho corporation and
The Terteling Company, Inc., an Idaho corporation, by an Assignment of Easement recorded April 3, 1979, as Instrument
No. 7917728.
27. An easement for the purpose shown below and rights incidental thereto as set forth in an Easement.
Granted to: Terteling Land Company and Highland Land and Livestock Company
Purpose: access to lands of Highland and Terteling
Recorded: April 21,1999
Instrument No.: 99039042
NOTE: The exact location and extent of said easement is not disclosed of record.
28. Terms, provisions, covenants, conditions, and, restrictions contained in a Right of Way Easement Agreement by and
between County of Ada, a political subdivision of the State of Idaho and Idaho Power Company, a corporation.
Recorded: October 5 1999
Instrument No.: 99098660
29. Terms, provisions, covenants, conditions, and, restrictions contained in a Right of Way Easement Agreement by and
between County of Ada, a political subdivision of the State of Idaho and Idaho Power Company, a corporation.
Recorded: October 12, 1999
Instrument No.: 99100597
30. Intentionally Deleted.
31. Terms, provisions, covenants, conditions, and, restrictions contained in an Ordinance No. 531 by City
of Eagle, Idaho.
Recorded: November 3, 2005
Instrument No.: 105166643
32. Terms, provisions, covenants, conditions, and, restrictions contained in a Roadway Access Easement Agreement by
and between City of Eagle, an Idaho municipal corporation and Ada County, a duly organized and existing county under
the laws and constitution of the State of Idaho.
Recorded: March 28 2006
Instrument No.: 106047246
BARGAIN AND S.\I.I' DF1:1) EXHIBIT 13
Exhibit
P ie 10 of 11
33. Terms, provisions, covenants, conditions, and, restrictions contained in an Underground Water and
Telecommunications Lines Easement Agreement by and between City of Eagle, an Idaho municipal corporation and Ada
County, a duly organized and existing county under the laws and constitution of the State of Idaho.
Recorded: March 28, 2006
Instrument No.: 106047247
34. Terms, provisions, covenants, conditions, and, restrictions contained in an Ordinance No. 572 by City of Eagle,
Idaho, a municipal corporation of the State of Idaho.
Recorded: July 12, 2007
Instrument No.: 107098686
35. An easement for the purpose shown below and rights incidental thereto as set forth in a Public Right -
of -Way Easement. Granted to: Ada County Highway District, a body politic and corporate of the State of
Idaho
Purpose: sidewalks
Recorded: April 18, 2008
Instrument No.: 108045477
36. An easement for the purpose shown below and rights incidental thereto as set forth in a document.
Granted to: Idaho Power Company
Purpose: Public Utilities
Recorded: July 1, 2008
Instrument: No.: 108076016
37. Terms, provisions, covenants; conditions, and, restrictions contained in an Order of Annexation by and between
Ada County, Idaho and Eagle Sewer District.
Recorded: May 15, 2008
Instrument No.: 108056637
38. An easement for the purpose shown below and rights incidental thereto as set
forth in a document. Granted to: Idaho Power Company
Purpose: Public Utilities
Recorded: July 24, 2008
Instrument No.: 108084161
39. Terms, provisions, covenants, conditions, and, restrictions contained in an Easement Agreement by and between
Ada County and Eagle Sewer District.
Recorded: October 15, 2008
Instrument No.: 108114272
40. All matters, and any rights, easements, interests or claims as disclosed by Record of Survey No. 9113 recorded
December 21, 2011 as Instrument No. 111103934.
41. Easements, reservations, restrictions, and dedications as shown on the official plat of Hidden Hollow Subdivision
42. Rights of tenants in possession, as tenants only, under prior unrecorded leases.
43. All matters, and any rights, easements, interests or claims as disclosed by Record of Survey No. 9632 recorded
January 30, 2014 as Instrument No. 114007793.
44. All matters, and any rights, easements, interests or claims as disclosed by Record of Survey No. 9645 recorded
February 20, 2014 as Instrument No. 114012934.
BARGAIN .\Nr) s\I 1' 1)1 I.1) EXHIBIT 13
Exhibit 3
TANDEM RIDGE SUBDIVISION
DRAINAGE CONCEPT PLAN
Exhibit C
DRAINAGE CONCEPT
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PRELMUNARY PLAT for
TANDEM RIDGE SUBDIVISION
A PARCEL. OF LAND LOCATED IN A PORTION OF THE
3E 1/4 OF NE 114 OF SECTION 3 1.411., R.1E., II Al., CITY OF EAGLE, ADA COUNTY, IDANO
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PRELIMINARY PLAT for
TANDEM RIDGE SUBDIVISION
A PARCEL OF LAND LOCATED IN A PORTION OF THE
SE 11401 NE 114 OF SECTION 3 TAN., RAE., 13.U.: CITY OF EAGLE. ADA COUNTY, IDAHO
2014
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4211ADENII140111111
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TANDEM RIDGE SUBDIVISION
LOCATED IN THE SE 1/4 OF THE NE 1/4 OF SECTION 3,
T. 4 N., R. 1 E., B.M., ADA COUNTY, IDAHO
2018
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mom BOum KUBDIYWION
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Exhibit F
LEGEND
NOTES:
BOOK , PAGE.
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ACKNOWLEDGMENT
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