Easement - Two Rivers Subdivision Homeowners Association, Inc. - 2023 - Two Rivers Subdivision, Lot , south of North Channel of Boise River - Two Rivers Subdivision, Lot 1, Block 11 ADA COUNTY RECORDER Trent Tripple 2023-018529
BOISE IDAHO Pgs=l 1 NIKOLA OLSON 03/31/2023 11:57 AM
CITY OF EAGLE, IDAHO NO FEE
Recordirig requested by,arid
after recordirig, please return to:
Above this line for Recorders tine only.
EASEMENTAGREETWNT
This E-asement A,regime
nt ment ("Apareernent" is entered into by and between Two Rivers
Subdivision Homeowners Association, Inc., an Idaho nonprofit corporation, as grantor, whose
address is clo Set M# (" and the City of Eagle, Idaho, an
MA
Idaho municipal corporation, a grAiifee. whose address is 660 E". Civic Lane, Eagle, Idaho
ally and both together
Separately,either the HOA or the City may be referred t, as a',E a
as the"Parties."
R E C I TA L S
WHEREAS, the HOA Is the owner of that certain real property located in Fagle. Ada
County, ldabo, comprised of approximately 3.116 acres, and identified by the Ada County
Assessor as Tax Parcel No.R8584500520, as more paiticularly describc d as Lot 1,Block 11,Two
R-ivers Subdivision,as shown on the plat thereof,recorded in the Official Records of Ada County,
Idaho,on June 30, 2000.,at Page 8661 of Book 80, Instrument No. 100051264(1-10A Property"),
and
WHEREAS, the City is the owner of that certain real property located in Eagle, Ada
County, Idaho,comprised of approximately 3.19 acres,and identified by the Ada.County Assessor
as Tax Parcel No. R5421.200010, as more particularly described as Lot 1, Block 1, Mace River
Ranch Subdivision No. 1, as shown on the plat thereof, recorded in the Official Records of Ada
County, Idaho, on November 18, 2013, at Page 14540 of Book 106, Instrument No. 1131259713
(T-it.v Property"); and
WHEREIAS, the HOA Property and the City Property are adjacent to each other and abut
each other; and
WHEREAS, both the 1-10A Propert-v and the City Property are within the City's R--',),
(Residential)zoning district; and
WHEREAS. the City intends to construct and operate a public park on the City Property,
touether with a 25-sLall paved parking lot to serve said public park: and
EASEMENT AGREENWENIT,p. I
4856-4983-6359,v. 1.1
Recording requested by,and
after recording,please return to:
Above this line for Recorder's use only.
EASEMENT AGREEMENT
This Easement Agreement ("Agreement") is entered into by and between Two Rivers
Subdivision Homeowners Association,, Inc., an Idaho nonprofit corporation, as grantor, whose
address is qo (V lqq hLMCtw#ISO ("HOA"), and the City of Eagle, Idaho, an
nteIdaho municipalcorporation, as gr e, wnose address is 660 E. Civic Lane, Eagle, Idaho
("City"). Separately,either the HOA or the City may be referred to as a"Party,"and both together
as the"Parties."
RECITALS
WHEREAS, the HOA is the owner of that certain real property located in Eagle, Ada
County, Idaho, comprised of approximately 3.116 acres, and identified by the Ada County
Assessor as Tax Parcel No.R.8584500520, as more particularly described as Lot 1,Block 11,Two
Rivers Subdivision,as shown on the plat thereof,recorded in the Official Records of Ada County,
Idaho,on June 30,2000, at Page 8661 of Book 80, Instrument No. 100051264("HOA Property");
and
WHEREAS, the City is the owner of that certain real property located in Eagle, Ada
County, Idaho,comprised of approximately 3.19 acres,and identified by the Ada County Assessor
as Tax Parcel No. R5421200010, as more particularly described as Lot 1, Block 1, Mace River
Ranch Subdivision No. I. as shown on the plat thereof, recorded in the Official Records of Ada
County, Idaho, on November 18, 2013, at Page 14540 of Book 106, Instrument No. 113125973
("City Property"); and
WHEREAS, the HOA Property and the City Property are adjacent to each other and abut
each other; and
WHEREAS, both the HOA Property and the City Property are within the City's R-2
(Residential)zoning district; and
WHEREAS, the City intends to construct and operate a public park on the City Property,
together with a 2 -stall paved parking lot to serve said public park; and
EASEMENT AGREEMENT,P. I
4856-4983-6359,v. 1.1
WHEREAS,renderings of the City's planned parking lot on the City Property indicate that
the curbing along the southernmost edge of such parking lot will be approximately two feet six
inches(2' 6")from the property boundary line that separates the City Property from HOA Property
2, which is insufficient for locating utilities, in that the width of two feet six inches (2' 61) is
insufficient for the purpose of accessing such utilities should a need arise to repair, remove, or
replace such utilities; and
WHEREAS, the City needs and desires a utility easement over a portion of the HOA
Property for the purpose of the construction, installation, operation, inspection, maintenance,
repair, and replacement of utilities, including, without limitation, electrical lines to convey
electricity to lighting for the City's parking lot, in compliance with Eagle City Code § 8-4-4-2, as
the same may, from time to time, be amended, relocated, or redesignated, and/or pressurized
irrigation, among other utilities, and to enable compliance with the screening and landscaping
requirements of Eagle City Code § 8-4-4-2.1); and
WHEREAS, Eagle City Code § 8-4-4-2.D. requires parking areas "in or adjacent to a
residential district"to be"effectively screened on all sides which adjoin or face any property used
for residential purposes by an acceptably designed wall, fence, or planting screen" up to six feet
(6') in height,and also requires the "space between such fence,wall or planting screen and the lot
line of the adjoining premises in any residential district"to be"landscaped with grass,hardy shrubs
or evergreen ground cover, and maintained in good condition"; and
WHEREAS, the HOA desires to ensure the City has sufficient space to comply with the
screening and landscaping requirements of Eagle City Code § 8-4-4-2.1), and to ensure that the
screening and landscaping requirements of Eagle City Code, which will be critical to protecting
HOA members' existing adjacent residential uses from the potential negative impacts of the
parking lot, are complied with; and
WHEREAS, the HOA desires to grant and convey an easement to the City, for the City's
desired purposes, as more particularly described in this Agreement, over a portion of the HOA
Property, as more particularly defined and described in this Agreement.
NOW,, THEREFORE, in consideration of the above Recitals, which are incorporated
below, and of the mutual covenants and agreements hereinafter contained, and for other good and
valuable consideration, the receipt and sufficiency of which is hereby acknowledged, which
consiI I
*derat*on includes(without limitation)the City's agreement that the within easement is in full
satisfaction of the Idaho Supreme Court's decision in City of Eagle v. Two Rivers Subdivision
Homeowners Association, Inc., 467 P.3d 434, 167 Idaho 70 (2020), the Parties now agree as
follows:
EASEMENT AGREEMENT,p. 2
4856-4983-6359,v. 1.1
AGREEMENT
1. Grant of Easement. Subject to the limitations,terms, and conditions contained in
this Agreement, the HOA hereby declares, grants, creates, provides, and conveys, for the benefit
of the City and the public,a perpetual,nonexclusive utility and access easement on,under,through,
and across that certain portion of the HOA Property that is described in Exhibit"A" and depicted
in Exhibit"B" ("Easement Area"), both of which are attached hereto and incorporated herein by
this reference ("Easement"). The Easement is intended, and shall be, appurtenant to the City
Property.
2. Authorized Use. Except as may otherwise be expressly provided in this Section 2
and Section 3, below, use of the Easement shall be limited to the construction, installation,
operation, inspection, maintenance, repair, and replacement of utilities, including, without
limitation, electrical lines for lighting the City's parking lot, in compliance with Eagle City Code
§ 8-4-4-2, as the same may, from time to time, be amended or relocated, and/or pressurized
irrigation, among other utilities. Authorized use of the Easement also shall include such access
on,,under,through,and across the Easement Area as may be necessary to access the utilities located
within the Easement Area.
3. Screening and Landsca Pursuant to Eagle City Code § 8-4-4-2.D, and as
desired by the HOA for the purpose of screening the parking area from the existing, adjacent
residential uses, the City shall install screening consisting of an acceptably designed wall, fence,
or planting screen ("Screening")that is a minimum of six feet(6') tall (as measured from grade),
which also may be installed within the Easement Area. Additionally, and also pursuant to Eagle
City Code § 8-4-4-2.D., City shall landscape the area immediately adjacent to the Screening on
the side facing the existing, adjacent residential uses, by planting trees, grass, hardy shrubs, and
evergreen ground cover(collectively,"Landscaping"). The design,materials,and exact placement
of the Screening and the design and plant selections in the Landscaping shall be subject to HOA's
prior approval, which approval shall not be unreasonably withheld.
4. Maintenance of Screen ipg I and 11 Landscaping. Following the City's installation
of the Screening and planting of the Landscaping, the HOA shall be responsible for maintaining
the same, at the HOA's expense.
5. Binding Nature. All provisions of this Agreement, including the benefits and
burdens hereof, are perpetual, run with the land, and are binding upon and inure to the benefit of
the Parties and their respective heirs, successors, and assi=s.
6. Effective Date. This Agreement shall be effective from and after the date on which
it is signed by the last of the Parties to execute it("Effective Date").
7. Recording. On or immediately following its Effective Date, this Agreement shall
be recorded in the Official Records of Ada County, Idaho.
EASEMENT AGREEMENT,p. 3
4856-4983-6359,v. 1.1
S. Time is of the Essence. The Parties acknowledge and agree that time is strictly of
the essence with respect to each and every term, condition, and provision hereof, and that the
failure to timely perform any of the obligations hereunder shall constitute a breach of and a default
under this Agreement by the Party so failing to perform.
#0,0
90 Amendment. No subsequent alteration, amendment, change or adc-tition to this
Agreement shall be binding upon the Parties or their respective heirs, successors, and assigns
unless reduced to writing and signed by the Parties or their heirs, successors, and assigns, as the
case may be.
10. Construction; Provisions Severable, This Agreement shall be interpreted fairly,
according to its plain language, and without regard for which Party drafted it or caused it to be
drafted. If any provision of this Agreement is held to be invalid, illegal, or unenforceable, such
provision shall be excised from this Agreement and such invalidity, illegality, or unenforceability
shall not affect any other provisions hereof.
11. Default. In the event that a Party, or a Party's heirs, successors, or assigns, fails to
faithfully and materially comply with all terms,covenants,restrictions,and conditions included in
this Agreement, then the non-breaching Party (or its heirs, successors, or assigns) may seek
enforcement of this Agreement in an action at law or in equity. In the event a Party initiates or
defends any legal action or proceeding in any way connected with this Agreement, the prevailing
Party in any such action or proceeding (in addition to any other relief which may be granted,
whether legal or equitable), shall be entitled to recover from the losing Party in any such action or
proceeding the prevailing Party's reasonable costs and attorneys' fees, including on appeal. All
such costs and attorneys' fees shall be deemed to have accrued on commencement of any legal
act-ion or proceeding and shall be enforceable whether or not such legal action or proceeding is
prosecuted to judgment.
12. Applicable Law. This Agreement shall be construed and enforced in accordance
with the laws of the State of Idaho.
13. Counterparts. This Agreement may be executed in counterparts, each part being
considered an original document, all parts being but one document.
14. Covenant of Authority. Each person signing this Agreement on behalf of a Party
covenants with all Parties that such person possesses actual authority from such Party to execute
this Agreement on such Party's behalf, and to bind such Party, and its heirs, successors, and
assigns, as set forth herein.
IN WITNESS WHEREOF, each of the Parties, having been duly authorized, caused this
Agreement to be executed, intending to be bound hereby, effective as of the Effective Date (as
hereiribefore defined).
EASEMENT AGREEMENT,p. 4
4856-4983-6359,v. 1.1
[SIGNATURES FOLLOW ON SUBSEQUENT PAGE(S).1
[Remainder of this page intentionally left blank.]
EASEMENT AGREEMENT,p. 5
4856-4983-6359,v. 1.1
FOR HOA,AS GRANTOR:
TWO RIVERS SUBDIVISION HOMEOWNERS
ASSOCIATION, INC., an Idaho municipal corporation,
By:
Kevin ZasL
Its: President
STATE OF I d0kkO
fount
yof AdA )ss.
The within instrument was acknowledged before me on MM'61 [insert
date] by Kevin Zasio, as the President of Two Rivers Subdivision Homeowners Association,Inc.
Signature of Notary Public
My Commission expires: Nova-vibw 11202'7
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EASEMENT AGF..EEMENT,p. 6
4856-4983-6359,v. 1.1
FOR CITE',ASGRANTEE:
CITY of EAGLE,IDAHO,
an Idaho municipal corporation,
a
By:
Jaso *erce
Its: Mayor
STATE Of,
)SS.
County of
The within instrument was acknowledged before me on14" insert
date] by Jason fierce, as the Mayor of the City of Eagle, Idaho.
J'd/� 4
CY E.OSBORN
Signature qQ dry Public
COMMISSION#27120
My Commission expires:
NOTARY PUBLIC
STATE"OF IDAHO
YCOMMISSION EMPIRES$
EASEMENT AGREEMENT,p. 7
4855-4983-6359,v. 1.1
EXHIBIT "A"
to the
Easement Agreement
Easement Legal Descrip tion
[Please see attached.]
EASEMENT AGREEMENT ExHIBiT"A"
4856-4983-6359,v. 1.1
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Exhibit"A" J-U-8 ENGINEERS,INC. J-u-8 FAMILY OF COMPANIES
Easement Legal Description
Project No. 10-22-124 December 29, 2022
A tract of land situate in a portion of Government Lot 8 of Section 17, Township 4 North, Range 1 East,
Boise Meridian,City of Eagle,County of Ada, Mate of Idaho,being more particularly described as follows:
Commencing at the southeast corner of said. Section 17; thence from said Paint of Commencement,
coincident with the east line of said Section 17,the following two (2)consecutive courses and distances:
1. North 00°55'58"East,a distance of 2,640.54 feet to the east quarter
corner of said Section 17, and
2. reversing course, South 00°55'58"west,a distance of 42.87 feet;
thence leaving said east line, North 89°04'26" west, a distance of 52.55 feet to a 3-1/4-inch brass cap
stamped., "Idaho State Highway Right-of-Way Sta 353+45.82 70LT PPS 8575" marking the northeast
corner of Lot I of Block I I as shown on the Plat of Two Rivers Subdivision,recorded in Book 80 of Plats,
at Pages 8661 through 8665,Ada County Records,and being the Paint of Beginning of this description;
thence from said. Point of Beginning, coincident with the northerly boundary lines of said Lot 1, the
following two(2)consecutive courses and.distances.
1. North 45°55'31"'west, a distance of 361.05 feet to a 5/8-inch rebar
with a plastic cap stamped., "PLS 11334"marking an an point in
said northerly line,and
2. North 8 '34'13"West, a distance of 10.55 feet to a point on a line
lying 6.00-feet southwesterly of, measured at right .angles, and
parallel with the northeasterly line of said Lot 1;
thence leaving said northerly boundary line, South. 45°55'31" East, coincident with said parallel line, a
distance of 375.35 feet to a point on the easterly boundary line of said. Lot 1; thence leaving said parallel
line,North 00°58'51"East,coincident with said easterly boundary line,a distance of 8.22 feet to the Point
of Beginning.
Containing an area of 2,209 square feet of land, more or less.
The above-described tract of land is shown on Exhibit"B"attached hereto and made a part hereof.
End of.Description.
J-U--B ENGINEERS, Inc.
This description was prepared by me or under my supervision. If any portion of this description is modified
or removed(including, but not limited to, the graphic portion shown on Exhibit "B") without the written
consent of Timothy Harrigan, PLS, all professional liability a.ssoci,ated with this document is hereby
declared null and void.
- LAND
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Ct CD
Ti oth Harrig ' S 17665
�- 17665
OF
Date
December 29,2022 1 0-22-124_TwoR.iversEsmt.docx Page l of 1
2760 West Excursion Lane,Suite 400,Meridian,ID 83642-5752 w`vwjub.com 208.376.7330
EXHIBIT "B"
to the
Easement Agreement
Easement Dep, iction
[Please see attached.
EASEMENT AGREEMENT EXHIBIT"B"
4856-4983-6359,v. 1.1
LEGEND
_._ .... _... -- SECTION LINE
EASEMENT AREA; 2,20 ± SF
SECTION CORNER
.- QUARTER CORNER
•E --
ro 0 -- DIMENSION POINT
POC -- POINT OF COMMENCEMENT
R O P a1..R M/ POINT mow/ BEGINNING
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�.,•��,� EASEMENT LEGAL DESCRIPTION
SITUATE IN A PORTION OF GOVERNMENT LOT 8 OF SECTION 17, T4N, Ill E, � 1 OF 1
_` BOISE MERIDIAN, CITY OF EAGLE, COUNTY OF ADA STATE OF IDAHO