Easement - 5337 W. State Street - 9/5/2018Project Name: City Of Eagle Pathway Project — 5337 W. State Street
ADA COUNTY RECORDER Christopher D. Rich
BOISE IDAHO Pgs=6 VICTORIA BAILEY
EAGLE CITY
2018-084509
0910612018 11:01 AM
NO FEE
IlIlIlIuIlIl IlIlIlIlIlIlIlIl 11111111 111111 1111 111
(Reserved for Ada County Recorder)
PERMANENT EASEMENT AGREEMENT
THIS PERMANENT EASEMENT AGREEMENT is made and entered into this 56'
day of . , 2018, by and between Shawn H. Nord and Sherry L. Nord, referred to as
"Grantor", and the CITY OF EAGLE, 660 E. Civic Lane, Eagle, Idaho, 83616, hereinafter
referred to as "Grantee".
WITNESSETH:
FOR GOOD AND SUFFICIENT CONSIDERATION, IT IS AGREED:
SECTION 1. RECITALS:
1.1 Grantor is the owner of certain real property situated in Ada County, Idaho, hereinafter
referred to as the "Subject Property" located at 5337 W. State Street, and more particularly
described in Exhibit "A" hereto.
1.2 The Grantee is the owner and operator of a greenbelt pathway system, and in
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, 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, subject to the terms and conditions hereinafter set forth, hereby grants and
conveys unto the Grantee, its successors and assigns, a 20 -foot wide perpetual 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 10 -foot wide non -motorized asphalt public pathway
("Easement").
2.2 Upon completion of construction of the pathway, the Grantee will install a 5 -foot tall
extruded aluminum fence (looks similar to wrought iron) with 2 -inch metal posts along the north
easement line, including a single locking gate to be installed in a location mutually agreed upon by
Grantor and Grantee.
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 the 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 WHEREOF, the parties hereto have caused this Easement Agreement to be
executed on the day and year first above written.
"GRANTOR"
Shawn H. Nord
Sherry L. Nord
By:
Shawn H. Nord
By. 1.�ti / /ft? i
Sherry L 4'lord
EASEMENT AGREEMENT - 3
"GRANTEE"
CITY OF EAGLE
By: ()z J2-1.
Sharon . Bergmann, City Clerk
STATE OF IDAHO
SS.
County of Ada
On this 261 day of CLE .K s t , 2018, before me, a Notary Public for said County
and State, personally appeared 5h w. H Nord and She ri K L AI e erl
known or identified to me to be the owners of the property located at 5337 W. State Street,
Ada County, Idaho and the person who subscribed said name to the foregoing instrument,
and acknowledged to me that he executed the same in said 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.
ELLEN M. SMITH
NOTARY PUBLIC
STr-E OF IDAHO
L__24 -'e "1 17 <1 { f(.[- C `
NOTARY PUBLIC FOR IDAHO
Residing at til e d ie / r "1/4_
My commission expires 4/ - e . 20
STATE OF IDAHO )
)ss.
County of Ada
On this 5 day of , 2018, before me, a Notary Public, in and for said
County and State, personally appeared Stan Ridgeway, 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 politic 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.
1
TRACY E. OSBORN
NOTARY PUBLIC
STATE OF IDAHO
EASEMENT AGREEMENT - 4
NO A
Residi
My commis on expires: 0/
-
CIN OF EAGLE PATHWAY EASEMENT
LOCATED IN THE NE 1/4 OF SECTION 14,
TOWNSHIP 4 NORTH, RANGE 1 WEST, BOISE
MERIDIAN, ADA COUNTY, IDAHO
Exhibit "A"
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POINT OF
BEGINNING
0 100 200
400
1 /4
11 T 12
LINE TABLE
LINE # LENGTH DIRECTION
L1 21.04' S0'44'37"W
L2 76.37' S72'37'07"W
L3 76.09' 56913'45"W
L4 21.50' N0'46'32"E
L5 68.78' N6913145"E
L6 83.50' N72'37'07"E
Lands'olutions
L
Land Surveying and Consulting
231 E. 5TH ST.. STE. A
MERIDIAN. ID 83642
(208) 288-2040 (208) 288-2557 fax
www.Iandsolutions.biz
J08 NO. 18-60
Exhibit "B"
Legal Description
City of Eagle Pathway Easement
An easement parcel being located in the NE % of Section 14, Township 4 North, Range 1 West, Boise
Meridian, Ada County, Idaho, and more particularly described as follows:
Commencing at an Aluminum Cap marking the northeast corner of said NE %, from which Brass Cap
monument marking the northeast corner of the SE 1/4 of Section 11 bears N 0°49'08" E a distance of
2645.32 feet;
Thence S 77°33'35" W a distance of 1745.50 feet to a point on the westerly boundary of the future
Riverfund Five Six Five Subdivision and the POINT OF BEGINNING;
Thence S 0°44'37" W along said westerly boundary a distance of 21.04 feet to a point;
Thence leaving said westerly boundary S 72°37'07" W a distance of 76.37 feet to a point;
Thence S 69°13'45" W a distance of 76.09 feet to a point on the easterly boundary of the future Bald
Eagle Pointe Subdivision;
Thence N 0°46'32" E along said easterly boundary a distance of 21.50 feet to a point;
Thence leaving said easterly boundary N 69°13'45" E a distance of 68.78 feet to a point;
Thence N 72°3707" E a distance of 83.50 feet to the POINT OF BEGINNING.
This easement contains 3,047 square feet (0.070 acres) and is subject to any other easements existing or
in use.
Clinton W. Hansen, PLS
Land Solutions, PC
August 28, 2018
Latolutaons
Surveying and Consultlng
City of Eagle Pathway Easement
Job No. 18-60