Easement - ITD Key # 20841 - 2019 - Mace River Ranch - Easement Agreement, Lot 2 Block 1, Mace River Ranch Sub. 1ADA COUNTY RECORDER Phil McGrane
BOISE IDAHO Pgs=9 DAN RYALLS
EAGLE CITY
2019-014119
02/21/2019 03:34 PM
NO FEE
1111111 111111111111111111111111° II I I ill Ill
00594812201900141190090096
PERMANENT EASEMENT AGREEMENT
THIS. ERMA T EASEMENT AGREEMENT ("Agreement") is made and entered
into this 1,o2'day of �Li. , 2019 ("Effective Date"), by and between Mace River
Ranch Owners Association, In an Idaho non-profit corporation ("Grantor"), and the City of
Eagle, an Idaho municipal corporation, by and through its Department of Parks and Recreation
("Grantee"), whose current address is P.O. Box 1520, Eagle, Idaho 83616.
1. BACKGROUND.
1.1 Grantor's Real Property. Grantor is the owner of that certain real property
located in the County of Ada, State of Idaho, more particularly depicted on Exhibit A, attached
hereto and made a part hereof, and commonly known as Mace River Ranch Subdivision No. 1
("Grantor's Property").
1.2 Easement Real Property. Grantor and Grantee desire to establish a paved public
pathway and bridge across the north channel of the Boise River through and across a portion of
Lot 2, Block 1 of Grantor's Property as more particularly described and depicted in Exhibit B,
attached hereto and made a part hereof ("Easement Property"). Grantee has requested Grantor
to convey to Grantee a non-exclusive easement on the Easement Property for the purposes
described in Section 2.2 below.
1.3 Purpose of Agreement. The purposes of this Agreement are (i) to describe the
easement granted, and (ii) to establish the relative rights and obligations of the parties regarding
the easement granted under this Agreement.
2. GRANT OF EASEMENT.
2.1 Grant. For value received, Grantor hereby GRANTS AND CONVEYS to
Grantee, and Grantee hereby accepts, a perpetual easement on, over and across the Easement
Property for the purposes described in Section 2.2 herein.
2.2 Purposes of Easement. Except as otherwise provided in this Agreement or as
otherwise permitted by Grantor, the easement conveyed hereby shall be used solely for the
following purposes:
(a) Construction, maintenance and operation of a paved pathway and bridge
for non -motorized uses that shall be open to use by the general public. No motorized
vehicles of any kind whatsoever shall be permitted on the Easement Property, except
those used for the construction and maintenance of the pathway by Grantee.
(b) The public shall have the right of access to the easement for non -
motorized vehicle and pedestrian use.
2.3 Use by Grantor. This Agreement does not extend to Grantee the right to use the
surface of the Easement Property to the exclusion of Grantor, and Grantee's rights under this
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Agreement are subject to the rights of the Grantor and Grantor's guests, invitees, agents and
contractors to use and enjoy the surface of the Easement Property, provided the structural
integrity or uninhibited use by the public of the public pathway is not compromised by such
activities.
2.4 Term of Easement. The term of this Agreement shall be perpetual.
2.5 Construction and Installation. The construction of the public pathway on, over
and across the Easement Property shall be completed by Grantee. All costs and expenses related
to the design, construction, maintenance and repair of the public pathway, hereafter, shall be the
sole responsibility and obligation of, and shall be paid by, Grantee.
2.6 Maintenance. Grantee shall maintain the physical integrity of the public pathway
in good condition and repair and as required to satisfy all requirements of applicable laws, the
policies of Grantee and sound engineering practices.
2.7 Easement Obstructions. No fence or other barrier shall be erected or permitted
within or across the Easement Property which would prevent or obstruct the passage of
pedestrian or non -motorized vehicular travel; provided, however, that the foregoing shall not
prohibit the temporary erection of barricades which are reasonably necessary for security and/or
safety purposes in connection with the construction, reconstruction, repair and maintenance of
improvements, including the easement, on Grantor's Property, it being agreed by the parties,
however, that all such work shall be conducted in the most expeditious manner reasonably
possible to minimize the interference with the use of the easement by Grantor, and such work
shall be diligently prosecuted to completion.
3. COVENANTS AND AGREEMENTS OF GRANTOR.
3.1 Binding Effect. Grantor, on behalf of Grantor and the Grantor's heirs,
successors, assigns, purchasers, or transferee of any kind, covenants and agrees with Grantee and
Grantee's heirs, successors, assigns, purchasers, or transferee of any kind, that the provisions of
this Agreement (i) shall run with and bind the Easement Property, and (ii) shall inure to the
benefit of, and be enforceable (at law or in equity) by any owner of all or part of, the Easement
Property.
3.2 Temporary License. In order to carry out the provisions of this Agreement,
Grantor further conveys to Grantee a temporary license to occupy a portion of the Grantor's
Property located adjacent to the Easement Property to the extent such occupation of Grantor's
Property is reasonably necessary for the purpose of constructing or improving the public
pathway or other improvements on the Easement Property. This license shall expire
automatically and be of no further force and effect six (6) months from the date of the Effective
Date of this Agreement, unless extended at the discretion of Grantor.
4. COVENANTS AND AGREEMENTS OF GRANTEE.
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4.1 Construction of Pathway. Grantee, on behalf of Grantee and Grantee's heirs,
successors, assigns, purchasers, or transferee of any kind, covenants and agrees with Grantor and
Grantor's heirs, successors, assigns, purchasers, or transferee of any kind that it may construct a
paved public pathway across the Easement Property and operate and maintain said pathway in a
manner consistent with the purposes set forth in Section 2.2 of this Agreement and pursuant to
the rules, regulations and policies of the City of Eagle Department of Parks and Recreation.
4.2 Signs. Grantee shall be permitted to post such signage on and along said public
pathway as in its sole discretion deems appropriate and as are consistent with the rules,
regulations and policies of the City of Eagle Department of Parks and Recreation governing
permitted uses and hours of operation, if any, of the pathway. Any such signage shall include
notification that private property exists on either side of the public pathway and a warning that
the public pathway crosses a service road utilized by heavy machinery and/or large equipment.
5. INDEMNIFICATION.
5.1 By Grantee. Grantee hereby agrees to protect, defend, indemnify and hold
harmless Grantor, Grantor's officers, employees, representatives and/or agents, and their
successors and assigns, for, from, and against any and all liabilities, costs and/or expenses
including, without limitation, reasonable attorneys' fees, in connection with damages, losses,
injuries, and/or death to persons which may be asserted against Grantor, Grantor's officers,
employees, representatives and/or agents, and their successors and assigns, arising out of or in
relation to the use of the easement by Grantee or the public, except to the extent (if any) such
liabilities, costs or expenses are caused by, arise out of, result from or relate to Grantor's own
negligence or intentional misconduct.
5.2 By Grantor. Grantor hereby agrees to protect, defend, indemnify and hold
harmless Grantee, Grantee's officers, employees, representatives and/or agents, and their
successors and assigns, for, from, and against any and all liabilities, costs and/or expenses
including, without limitation, reasonable attorneys' fees, in connection with damages, losses,
injuries, and/or death to persons which may be asserted against Grantee, Grantee's officers,
employees, representatives, and/or agents, and their successors and assigns, arising out of or in
relation to the use of the easement by Grantor, except to the extent (if any) such liabilities, costs
or expenses are caused by, arise out of, result from or relate to Grantee's own negligence or
intentional misconduct.
6. GENERAL PROVISIONS.
6.1 Attorney Fees and Costs. If a suit, action, or other proceeding arising out of or
related to this Agreement instituted by any party to this Agreement, the prevailing party shall be
entitled to recover its reasonable attorney fees, expert witness fees, and costs incurred in
prosecuting or defending any suit, action, or other proceeding, including any appeal thereof.
This section shall survive and remain enforceable notwithstanding any rescission of this
Agreement or a determination by a court of competent jurisdiction that all or any portion of the
remainder of this Agreement is void, illegal, or against public policy.
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6.2 Governing Law, Jurisdiction, and Venue. Notwithstanding any claim or cause
of action, the liability of Grantee is at all times herein strictly limited and controlled by the
provisions of the Idaho Tort Claims Act, as now or hereinafter amended. Nothing herein shall be
deemed a waiver of any privilege, immunity, protection or defense afforded the City of Eagle as
a political subdivision of the State of Idaho, under the Idaho Constitution, the Idaho Tort Claims
Act, or any other applicable law. 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.
6.3 Time of the Essence. Time is of the essence with respect to the obligations to be
performed under this Agreement.
6.4 Successors and Assigns. This Agreement, the permanent easement herein
granted, and the covenants and agreements herein contained shall inure to the benefit of and be
binding upon the parties hereto and their successors and assigns.
6.5 Recordation. This Agreement shall be recorded in the Official Real Property
Records of Ada County, Idaho.
6.6 Entire Agreement. All Exhibits to this Agreement constitute a part of this
Agreement. This Agreement, together with the accompanying Exhibits, constitutes the entire
agreement among the parties and supersedes all prior memoranda, correspondence, conversations
and negotiations.
IN WITNESS WHEREOF, the undersigned have duly executed this Agreement as of the
dates set forth below.
[signatures on next page]
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GRANTOR:
MACE RIVER RANCH OWNERS ASSOCIATION, INC.,
an Idaho non-profit corporation
By:
W stop Arnell, President
GRANTEE:
CITY OF EAGLE, IDAHO
By
Stan Ridgeway, Mayor
ATTEST:
Sharon K. Bergmann, City Cferk/Treasurer
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STATE OF IDAHO )
) ss.
County of )
On this 1/0" day of J , 2019, before me, the undersigned, a Notary Public
in and for said state, personally appeare Weston Arnell, known or identified to me to be the
President of Mace River Ranch Owners Association, Inc., an Idaho non-profit corporation, who
subscribed said company name to the foregoing instrument, and acknowledged to me that he
executed the within instrument on behalf of said non-profit corporation.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the
day and year first above written.
1
LAURA MCIVER
Notary Public - State of Idaho
Commission Number 63897
My Commission Expires Jul 9, 2020
N i t. ry Public for I, /G1.<44 t,0
Residing at: //tt/Ii171i1 1
Commission Expires: 1 l r9 / 2f9)-0
STATE OF IDAHO )
) ss.
County of Ada ) y
On this %- day of -f-1er fi , 2019, before me, the undersigned, a Notary Public
in and for the said state, personally appel-ed 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 the City executed the same.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the
day and year first above written.
ELLEN M SMITH
COMMISSION #25743
NOTARY PUBLIC
STATE OF IDAHO / „�
MY COMMISSION EXPIRES
PERMANENT EASEMENT AGREEMENT - 6
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Notary Public for Idaho
Residing at: An r el d t e 1"o- it --
Commission Expires: /A — %C7
EXHIBIT A
Depiction of Grantor's Property
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EXHIBIT B
Description and Depiction of Easement Property
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J-u•O CSIGINCERS. INC.
Exhibit "B"
ES a (uataooa w►rroao
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I NOW INC.
Lot 2, Block 1 of Mace River Ranch Subdivision No. 1
aty of Eagle
Easement Desaiption
Project Number 10-18-113 December 19, 2018
An easement situated in a portion of Lot 2, Block 1 of Mace River Ranch Subdivision No. 1 (Book 106 of
Plats at Pages 14540 through 14547, records of Ada County, Idaho), located in the Northeast quarter of
Section 17, Township 4 North. Range 1 East, Boise Meridian, City of Eagle. Ada County, Idaho, and being
more particularly described as follows:
Beginning at the northwest corner of Lot 1 of Block 1 of Mace River Ranch Subdivision No. 1; Thence
N00'55'42"E, 318.12 feet to the northeasterly fine of Lot 2, Block 1 of Mace River Ranch Subdivision No.
1;
Thence along the northeasterly line of Lot 2, Block 1 of Mace River Ranch Subdivision No. 1 the
following three courses and distances:
1. S43'33'26"E, 253.00 feet;
2. S71'39'29"E, 163.75 feet;
3. S83'03'41"E, 154.63 feet to the west right-of-way line of South Eagle Road (Highway
55) and the east line of Lot 2, Block 1 of Mace River Ranch Subdivision No. 1;
Thence 500'54'39°W, 83.70 feet along the west right-of-way line of South Eagle Road (Highway
55) and the east line of Lot 2, Block 1 of Mace River Ranch Subdivision No. 1 to the southeast
corner of Lot 2, Block 1 of Mace River Ranch Subdivision No. 1;
Thence N87'44'46"W, 487.46 feet along the common line of Lots 1 & 2. Block 1 of Mace River
Ranch Subdivision No. 1 to the POINT OF BEGINNING.
The above-described easement contains 1.68 acres, more or Tess.
Robert L. Kazarinoff, PLS
EXHIBIT B — 1
Page 1 of 1
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