Easement - Lot 4 Block 4 Mixed Use Subdivision No 1 - 12/18/2018Filed for Record at Request of
and copy returned to:
Lukins & Annis, P.S.
717 W. Sppraggue Ave., Ste. 1600
Spokane, -WA 99201-0466
Attention: Brady M. Peterson
ADA COUNTY RECORDER Christopher D. Rich 2019-002220
BOISE IDAHO Pgs=13 CHE FOWLER 01/10/2019 08:44 AM
CITY OF EAGLE NO FEE
11111111 1111101,111111101190101,12111)11,1111314111 11 1111 111
SPACE ABOVE THIS LINE FOR RECORDER'S USE
FIRST AMENDMENT TO EASEMENT AGREEMENT
This FIRST AMENDMENT TO EASEMENT AGREEMENT (this "First Amendment"), is made
and entered into as of ACeesiker /1 , 2018 (the "First Amendment Date") by and between the CITY
OF EAGLE, an Idaho municipal corporation ("City"), and RIVERSIDE SR DEVELOPMENT
COMPANY, LLC, a Delaware limited liability company ("Developer").
City is the owner of certain real property located in Ada County, Idaho, which real estate is legally
described on Exhibit A and as generally shown on Exhibit D. attached hereto and made a part hereof
(hereinafter referred to as the "Burdened Parcel").
Developer is the owner of and is constructing improvements upon certain real property adjacent to
the Burdened Parcel, as more particularly described on Exhibit B and as generally shown on Exhibit D,
attached hereto and made a part hereof (hereinafter referred to as "Developer's Parcel").
City and Developer's predecessor -in -interest, Eagle Partners, LLC, an Idaho limited liability
company (the "Prior Owner"), previously entered into an Easement Agreement dated March 13, 2007 and
recorded on March 22, 2007 (the "Original Easement", Instrument #107040541), whereby City granted to
the Prior Owner certain easements over, across, and under a portion of the Burdened Parcel for the benefit
of the Developer's Parcel, (hereinafter referred to as "Easement Parcel"), as more particularly described on
Exhibit C and as generally shown on Exhibit D.
City and Developer now desire to amend the Original Easement by this First Amendment as more
particularly set forth herein.
NOW, THEREFORE, in consideration of the mutual covenants contained herein and valuable
consideration, the sufficiency of which is hereby acknowledged, City and Developer hereby agree as
follows:
1. Amendment to Easement. The Original Easement is hereby amended to permit Developer
to install signage on the Easement Parcel, and by entering into this First Amendment, the City hereby grants
to Developer a perpetual easement over, under and across a portion of the Easement Parcel as depicted on
Exhibit D for construction, installation, maintenance and removal of a single monument sign (the
"Monument Sign") for the sole and exclusive use of the Developer that is consistent with the design
1
K:1Planning DeptlMisc Agreements120181Revel First Amendement Easement Agreement final version.doex
specifications set forth on Exhibit F (the "Design Specifications"), together with an easement over those
areas within the Easement Parcel that are reasonably necessary to permit the Developer to access the
same.
2. Monument Sian. Developer shall construct the Monument Sign in a good and
workmanlike manner, in accordance with all applicable laws, and at Developer's sole cost and expense.
The Monument Sign shall be of a first class condition and quality, shall conform to all applicable rules
and regulations of governing entities and requirements of law, and be designed so as not to conflict with
the use of the Easement Parcel for any other permitted uses conducted thereon. Future modifications to
the Monument Sign may not be made without the prior written consent of the City, which shall not be
unreasonably withheld, conditioned, or delayed provided that such changes conform to all applicable
rules and regulations and all other requirements of law.
3. Additional Signage. As part of the installation of the Monument Sign, Developer shall
additionally install certain directional signage identifying the location of and parking for Reid W. Merrill
Sr. Community Park within the Easement Parcel in the locations set forth on Exhibit E, and consistent
with the Design Specifications (the "Park Signage"). Developer shall install the Park Signage at
Developer's sole cost and expense.
4. Maintenance. Developer shall be solely responsible for all costs associated with the
maintenance, repair, removal, and replacement of the Monument Sign. Following the installation of the
Park Signage by Developer and acceptance thereof by the City, City shall be solely responsible for the
maintenance, repair, removal, and replacement of the Park Signage.
5. Annual Payment. Developer agrees to make an annual payment to the City in the amount
of One Thousand Dollars ($1,000.00) as a contribution towards the general maintenance and upkeep of
Reid W. Merrill Sr. Community Park. Developer will make the first payment on or prior to January 1,
2019, and thereafter the then current owner of Developer's Parcel will make each succeeding payment on
or before January 1 of each year thereafter so long as the Original Easement, as amended by this First
Amendment, remains in full force and effect. Failure to remit payment by January 31 of each year will
result in a special assessment being placed on the real property tax rolls and will become a lien against the
Developer's Parcel in the amount of One Thousand Two Hundred Fifty Dollars ($1,250.00) (payment
amount times a 25% administrative/late fee).
6. Miscellaneous. All of the recitals in this First Amendment are hereby incorporated as
agreements of the parties hereto. Except as provided in this First Amendment, the terms and provisions of
the Original Easement will remain in full force and effect. In the event any inconsistencies exist between
the terms of this First Amendment and the Original Easement, this First Amendment will control. All
capitalized terms in this First Amendment that are not defined in this First Amendment will have the
definitions ascribed to them in the Original Easement. This First Amendment may be executed in several
counterparts, each of which will be fully effective as an original and all of which together will constitute
one and the same instrument.
7. Attorney Fees. In the event that either party to this Agreement shall file suit or action at
law or equity to interpret or enforce this Agreement, the unsuccessful party to such litigation agrees to pay
to the prevailing party all costs and expenses including reasonable attorneys' fees incurred by the
prevailing party. Similarly, all fees and costs associated with an appeal to any appellate court thereafter,
including, without limitation, the prevailing party's attorneys' fees, shall be paid by the non -prevailing
party.
2
IN WITNESS WHEREOF, the parties have executed this First Amendment to be effective as of
the First Amendment Date.
_ •O •i
-•1�: Q'
TATE
ATTEST:
GHQ,11 &2_4 -5., -)1, -041,7 -----
--Sharon K. Bergmann, City Clerk
CITY OF EAGLE, a municipal corporation organized
and existing under the laws of the State of Idaho
By:
Sta
geway, ayor
On this I day of L- C Ce tr{ t , 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 foregoing instrument on behalf of said City and acknowledged
to me that said City executed the same.
written.
IN WITNESS WHEREOF, I have hereunto set my hand and seal the day and year first above
c - t hl' )lACOMl 1�r1 n
MISSION t;38002.
PUBOC
NJATE. OF pp,r-10
otary Public for Id ho
esiding at: �' I;L k. i I �`` /
y Commission Expires: y
Developer Signature Page Follows
DEVELOPER:
RIVERSIDE SR DEVELOPMENT COMPANY, LLC,
a Delaware limited liability company
i
By:� ce
1621ei2'li
Name: H. Curtis Keller
Its: Secretary
STATE OF ARIZONA )
: ss.
County of Maricopa )
On this IS day of _e2 , 2018, before me personally appeared 1-1. Curtis Keller,
to me known to be the Secretary of Riverside SR Development Company, LLC, the entity that executed
the foregoing instrument, and acknowledged said instrument to be the free and voluntary act and deed of
said entity, for the uses and purposes therein mentioned, and on oath stated that they were authorized to
execute said instrument.
IN WITNESS WHEREOF, I have hereunto set my hand and seal the day and year first above
written.
ALISON ASHER
Notary Public - Arizona
Maricopa County
My Comm. Expires Apr 24, 2019
19( UVB
Notary Publ.c, of A}}zo
Residing at: _
My Commission Expires:
leY
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EXHIBIT A
Legal Description of Burdened Parcel
Lot 4, Block 4, MIXED USE SUBDIVISION — NO. I, according to the official plat thereof filed in Book
83 of Plats at Pages 9068 through 9073, records of Ada County, Idaho.
5
EXHIBIT B
Legal Description of Developer's Parcel
A parcel of land lying in Government Lot 3 of Section 16, Township 4 North, Range 1 East, Boise
Meridian, Ada County, Idaho, more particularly described as follows:
Commencing at the Northeast corner of Government Lot 3 (center -North 1/16 corner) of Section 16,
Township 4 North, Range 1 East, Boise Meridian; thence South 00°46'13" West, 190.95 feet along the
East line of Government Lot 3 to the REAL POINT OF BEGINNING of this description; thence
continuing South 00°46'13" West, 457.41 feet along the East line of Government Lot 3 to a point; thence
South 67°44'36" West, 421.41 feet to a point; thence South 83°11'50" West, 93.00 feet to a point; thence
North 01°38'17" West, 23.28 feet to a point; thence North 00°59'44" East, 471.87 feet to a point; thence
North 43°15'18" East, 103.60 feet to a point; thence North 66°24'04" East, 137. 93 feet to a point; thence
North 89°32'44" East, 283.60 feet to the REAL POINT OF BEGINNING of this description.
TOGETHER WITH any ingress/egress easement rights that are appurtenant thereto as noted and
dedicated on the plat of Mixed Use Subdivision - No. 1, according to the official plat thereof, filed In
Book 83 of Plats at Page(s) 9068 through 9072, records of Ada County, Idaho.
6
EXHIBIT C
Legal Description of Easement Parcel
The East 60.0 feet of Lot 4, Block 4, MIXED USE SUBDIVISION — NO. 1, according to the official plat
thereof filed in Book 83 of Plats Pages 9068 through 9073, records of Ada County, Idaho.
7
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EXHIBIT D
Map of Burdened Parcel. Developer's Parcel. and Easement Parcel
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