Easement - Endurance Holdings, LLC - 2023 - Beaconwood Subdivision - Beaconwood Subdivision Pathway ADA COUNTY RECORDER Trent Tripple 2023-059141
BOISE IDAHO Pgs=10 BONNIE OBERBILLIG 10/18/2023 10:21 AM
CITY OF EAGLE, IDAHO NO FEE
After Recording
Return to:
City of Eagle
660 E. Civic Lane
P.O. Box 1520
Eagle, Idaho 83616
FOR RECORDING INFORMATION
PERMANENT PATHWAY EASEMENT AGREEMENT
This Permanent Pathway Easement Agreement is made effective this tV day ofSQ�WbPY
2023, by and between Endurance Holdings, LLC("Grantor"), and the City of Eagle, a political subdivision
of the State of Idaho("Grantee"). Grantor and Grantee may be collectively referred to as the parties.
RECITALS:
A. Grantor is the owner of that certain real property in Ada County, Idaho, r-nore particularly
described on Exhibit A and depicted on Exhibit B, which exhibits are attached hereto and incorporated
herein ("Grantor's Property").
B. Grantor desires to grant and Grantee desires to receive an easement for ingress and egress as
a public pathway on, over, across and through Grantor's Property under the terms and conditions outlined
hereafter.
AGREEMENT-
NOW THEREFORE, in consideration of the above recitals which are incorporated below, and of
the mutual covenants and agreements herein contained and other good and valuable consideration, the
receipt and sufficiency of which are hereby acknowledged, the parties hereto agree as follows:
11. Grant. Grantor hereby grants a non-exclusive easement for use by the general public as
a permanent pathway easement over,on, across, and through Grantor's Property in the location described
in Exhibit C and depicted on Exhibit D (the "Easement"). Grantor specifically reserves any use not
incompatible to the Easement herein granted.
2. Purpose of Easement. The Easement shall be used for ingress and egress for none
motorized travel over the Easement. There are no implied easements across any other property owned by
Grantor to access the Easernerit, nor does either party guarantee any access to the Easement.
31 Easement Improvements. Grantor shall complete, or cause to be completed, all
improvements to the Easement in accordance with the provisions of Section 3.12 of the Development
Agreement previously executed between Grantor and Grantee and recorded as Ada County instrument No.
2022-071209.
4. Maintenance of Grantor's Property. Grantor shall maintain the physical integrity of the
pathway in good condition and repair and as required to satisfy all requirements of applicable laws, the
policies of Grantee, which maintenance shall include, without limitation, removal from the Easement of
paper, rubbish, debris, and othel,hazards to persons using the Easement.
5. Dedications. Nothing contained herein shall, or shall be deemed to, constitute a gift or
dedication of any portion of the Grantor's Property to the general public or for the benefit of the general
public or for any public purpose whatsoever other than as expressed herein, it being the intention that this
Easement shall be strictly limited to and for the purposes expressed herein.
Page I of 4
KIPIm-ming
6. Indemnity. Grantor shall not be liable to Grantee for any damage or harm to Grantee or
Grantee's property or Grantee's employees, agents, guests or invitees caused by or arising out of use of
the Easement. Grantee hereby agrees to protect, defend, indemnify and hold harmless Grantor, its
members, managers,tenants, employees,guests, invitees or agents,frorn and against any and all liability;
costs and expenses including, without limitation, reasonable attorney's fees, for the following: damages,
losses, injuries, or death to persons, or damages, infringements or losses to or of property, whether
personal, real or intangible,- or violation of any statute, law, ordinance, regulation or code of any federal,
state or local government entity which may be asserted against Grantor, its members, managers,tenants,
employees, guests, invitees, or agents, arising out of or in relation to the use of the Easement,by Grantee
or the public. Grantee's obligation under this paragraph to indemnify and hold Grantor harmless shall not
extend to damages caused by the gross negligence of Grantor.
7. Notices. Any notice or demand from Grantor to Grantee or from Grantee to Grantor,
including notice of a change in address, shall be personally delivered by special courier, or mailed by first
class United States mail addressed to the address set forth below or such other address as a party shall
have last designated by notice in writing to the other party as provided herein. Notice shall be deemed
delivered on the date actually received or two(2)days after mailing, whichever is first.
Grantor. Endurance Holdings, LLC
Attw Corey Barton
1977 East Overland Road
Meridian, ID 83642
Grantee: City of Eagle
660 E. Civic Lane
P.O. Box 1520
Eagle, Idaho 836116
8, Miscellaneous.
A. Binding on Successors. This Easement shall be recorded in the official records
of Ada County,Idaho and shall be binding on the heirs,successors,administrators,
executors and assigns of all parties hereto and shall run with the land.
B. Counterparts. This Easement may be executed in counterparts, each part,being
considered an original document, all parts being but one document.
C. Headings. The headings of the several paragraphs contained herein are, for
convenience only and do not explain, define, limit, amplify, or aid in the
interpretation, construction or meaning of the provisions of this Easement,
D. Non-Exclusive. Grantee's right to use the Easement is not exclusive. The fee
title holder of the Grantor's Property shall have the right to use its property for all
holders 10
purposes provided that the same shall not unreasonably interfere with the use of
the Easement as provided herein.
E. Compliance with Law. Grantee hereby agrees to comply in all respects with any
and all, federal, state and local statutes, law, ordinances, codes, regulations and
rules in connection with the use of the Easement.
F. Assignment. Grantee may not assign, transfer, license, delegate and/or grant all
or any part of its rights or privileges hereunder to any person or entity, except as
expressly provided herein.
Page 2 of 4
K:1-Pimming D�(,.Eagk FPUD-FP1,Woiki6S FA,WeScrPnA,0uC Paulway Lkdicution 2023-09-ON does
G. Remedies. In the event of a breach hereunder by any party, the non-breaching
party shall have all remedies available at law or in equity, including the availability
of injunctive relief. In any suit, action or appeal therefrom to enforce or interpret
this Easement, the prevailing party shall be entitled to recover its costs incurred
therein, including reasonable attorneys'fees and costs.
H. Authorization. Grantee warrants and represents that this Easement has been
approved by the City Council of Eagle for signature by the Mayor.
1, Recording. This Easement, is subject to all matters of record an the date this
Access Easement is recorded in the office of the Recorder of Ada County-, Grantee
shall record this Access Easement and return a copy of the recorded Access
Easement to Grantor.
IN WITNESS WHEREOF, the undersigned have caused this Permanent Pathway Easement
Agreement to be executed the day and year first written above.
GRANTOR:
ENDURANCE Idaho limited liability company
Corey Barton'; Manag6
GRANTEE:
CITY OF EAGLE, a political subdivision of the
State of Idaho
By:
Jasp'n Pierce, Mayor
ATTEST:
B
T(,Icy E Os rn t�Clerk
Vr
Page 3 of 4
K.\Nam�l,�g Dcp,Tagle FPb'D-FPNW(.rk;r,,q F',!,\Hcaconxoud?Ah-ay Dolka6on 202 09-OFA
STATE OF IDAHO
)ss-
County of Ada
On this 9 1-1V day of 2023, before me, the undersigned, a Notary
appeared EY BARTON, kw non or identified m d to e to be a
Public in and for said State, personally
COR
Mernber of ENDURANCE HOLDINGS, 1-5-C,the owners of the property referenced herein and the persons
who executed the foregoing instrument.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and
year in this certificate first above written.
Notary XElic for Idaho
'A DA I.R..'K 0 L'T Residing at MA"p,
Notary Pubic - St&le of Idaho My commission expires:
Commission Num.ber30052
IMAY comn rr;s--to n Expi i es 06-05-2028
STATE OF IDAHO
County of Ada
On this Ik day of 2023, before me, a Notary Public in and for the State of Idaho,
personally appeared JASON F 1ER6E, known or identified to me to be the Mayor of the CITY OF EAGLE,
the municipal corporation that executed the instrument or the persons who executed the instrument on
behalf of said municipal corporation, and acknowledged to me that such municipal corporation executed
the same.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and
year first above written.
ublic for I ho
Residing at:
My commission expires.. 1- D07-P-,
% No .0 4*
OF
Page 4 of 4
ETUD-MWorking Fikes\B*-conwood Pathway
."Pit XVOIXUR%,MCI
Exhibit"A"
Beaconwood Subdivision
Pre-Plat Boundary Description
Project,M). 10-20-116 A-fay 14, 2021
A tract of land situate in Government Lot 2 of Section 2,Townsbip 4-North,Range I West,Boise Meridian,
City of Eagle, County of Ada, State of Idaho,and being more particularly described as follows:
Commencing at the northwest comer of said Section 21;
thence Irorn said Point of Commencement, South 8993'56" East, coincident with the north line of said
Section 21,a distance of 2,643.44 feet to the north quarter comer of said Section 2,said quarter corner being
the Point of Beginning of this description;
L"
thence from said Point of Beginning, leaving said north line, South 00'56'08"West, coincident vrith the
west line of said Government Lot 2,a distance of 1,124,15 feet to a 5/8-inch rebar marking the northwesterly
comer of the Plat of Lanewood Subdivision No. 6 recorded in Book 119 of Plats. at Pages 18393 through
18398, Ada County Records, herre-1-inafter referred to as Lanewood 6; thence leaving said west line,
coincident with the northerly lines of said Lanewood 6 the following five (5) consecutive courses and
distances:
L North 89438'57"East, a distance of 125.45 feet,
2. South 00'22'42" West,, a distance of 135.27 feet to a 518-inch rebar marking
an angle point in said northerly line,
I South 8811.649"East,a distance of 116.22 feet to a 5/84inch rebar marking an
angle point in said northerly line..
4. South 01106'23" East, a distance of 8.02 feet to a 5/8-inch rebar marking an
angle point in said northerly line,and
5. South 98'36"13" East, a distance of 760,03 feet. to a 5/8-inch rebar marking
the northeasterly comer of said Lanewood 6;
thence leaving said northerly line,continuing South.88116'13"East, a distance of 316.29 feet to a 5,18-inch
rebar marking a point on the east line of said Government 2;thence North 00'55'09"East,coincident with
said east line, a distance of 1,141.42 feet; thence leaving said cast 'tine, the following two (2)consecutive
courses and distances.,
1. North 89"OT56"West,a distance of 225.00 feet,and
2. North 00*55'09" East, a distance of 135.00 feet to a 5/8-inch rebar, marking a
point on the north line of said Section 2;
May 14,202' 10-20-116-13eac(mwood PP I,cyYal.docx Page 1 01-2
27,V)West Lxcursion Lane,Suite 400,,Meridian,ID 83642-5313 _�tj 208.376.7330
thence North 89'OT56" West, coincident with said north line, a distance of 1,094.15 fee-,to the Point of
Beginning.
Containing an area of 37.34 acres of land, more or less.
above-described tract of land is shown on Exhibit"B"attached hereto and made a part hereol".
End of Description.
J-(.'--B ENGINEF.RS, Inc.
This description was prepared by irie or under my supervision. -If any portion of this description is modified
or removed without the written consent of Timothy If arri-gan,PLS,all professional liability associated with
this document is hereby declared null and void.
A 1�
---------------
Timothy HarriOn,ITS 17665
1766
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Date //-"y
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May 14,201911 10-20-1 6 Beaconivood PP Legal.docx Pagi�2 of
EXHIBIT "B"
.......................................................... ................... ................4.
95 T PoBZ_..__N. 3 5 W. f3E.-ACON IGHT ROAD
34
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3 2 .1 S89-13'56'E 2
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N89*38'57"E SCALE IN FEET
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EXHIBIT "B"
....................... ..... ................ ...................-............. .............
BEACONWOOD SUBDIVISION
PRE-PLAT BOUNDARY DESCRIPTION
SHEET
<j
A PORTION OF GOVERNMENT LOT 2 OF SECTION 2. T4N, RlW, B.M. 1 OF
EAGLE, COUNTYOF ADA,,,STViE OF IDAHO
............... ...... .....................I.,...... .............".......I...... ....................
...........__.._...._..._........... .........................
35
N890 094,15
' 7*56"W 1 ' W. BEACON LIGHT ROAD
................. ........... ............... ........... ............ ...................
2
NOO'55'09"E 135.00"
. ...............
N89*07'56"W 225.0
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LEGEND
SECTION LINE
BOUNDARY AREA: 37-34i: ACRES OF I-AND
- SECTION CORNER
- QUARTER CORNER
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0 - DIMENSION POINT 01
- FOUND MONUMENT
:31 POC - POINT OF COMMENCEM17NT
POI - POINT OF BEGINNING
SCALE ON FEE"
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S88*36'13"E 76M"V
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ui S88'36'1 YEE
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EXHIBIT "B"
...................................... ....................................-
'Wbbb"§LJBDIVISION
BEACON
R, SHEET
PRE-PLAT BOUNDARY DESCRIPTION
A PORTION OF GOVERNMENT LOT 2 OF SECTION 2, T4N, RlW, B.M
2 OF 2
CITY OF EAGLE, COUNTY OF AAA STA E OF IDAHO__,,STA ........ ...... ..........................
.............
---------------I-------------
------------------ ---- -
THE u-stwAy
LAhaVOR :MAMUG
U-B 01 Mau, t t INI.,
Exhibit "C" JIU.4$001MMIS.INC. CW
Beaconwood Subdivision No. I
Pathway Easement Description
Projec!i,iV 10-22-052 July, 10, -1023
A tract of land situated In Government Lot 2 of Section 2, Township 4 North, Range [ West, Boise
Meridian, City of Eagle,County of Ada, State of Idaho, and beinLy more particularly described as follows:
Commencing at the north quarter corner of said sect-ion 2; from which the northeast corner of said section
2 bears South 89'0""56'* East, 2638.30 feet; thence coincident with the north [in-, of said Section 2,,
continuing along said north line Soutin 89"0 7'56" East, a distance of 1319.15 feet to the Northeast Comer
of said Government Lot 2,thence Coincident with the cast line of said Government Lot 2,South 00055'09"
West, a distance of 1*276.42 feet to a 5/8-inch rebar marking a point on the I.anewood Subdivision No. 7,
recorded in Book 120 of Plats,at Pages 18829 through 18833,Ada Counly Records, hereinatter referred to
as Lanewood No. '17,and a point on the cast, I"Ine of said�jovernmcnt LO,2;thence leavingsaid cast line and
continuing along said Lane-wood NTo. 7, North 88'36"3" West a distance of 133.19 feet to the Point of
0
Beginning of this description,
thence from said Point of Beginning, continuing.along said north line,North 88'36'13" West,43133 feet;
thence leaving said north line the following three(3)consec-utive, courses and distances.
1. North 56'09'34"East a distance of 214,85 feet,
South 00*55'09" West a distance of 30.43 feet,
3. South 56009'34" West a distance of 162,1 11 feet.,
to the Point of Beginning,
Containing an area of 0.108 acres of land, more or less.
The above described tract of land is shown on E xhibit"'D 4attacbed hereto and inade a part nerc0f.
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 rnodified
or removed without the writter', consent of Brad Daley, PLS, all professional liability associated with this
document is hereby declared null and void.
Bray Daley, 1 908
7 1/A 0,
Date
July 10,2023 i 0-2?-052...Beucordtiivood_P�athway..-ascri-teit.docx Page I of I
.760 we"a Excursion I.izFs,Suite 400,Mcridiar,,, 11) S3642-53 i 1V1VW�jgb..CO"I
POINT OF COMMENCEMENT
S89'07',56"E 2638.30'
35 36
�5 S89*07'56"E 1319.15
k— —VA--
2
2 1
find I
ell
ol
N W36'1 3*W 133.19'
......................
N8Er36'1 3V 43,33'
POINT OF BEGINNING 0
FEET
SCALE IN
20
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Exhibit ",D.. .............................. .................... ........ ........
BEACONWOOD SUBOIVISION NO. SHEET
PATHWAY
DESCRIPTION
EASEMENT
G�
SEV-ERIDIAN OF I
__=;oo- SITUATED IN GOVERNMENT LOT 2 OF SECTfON 2,T4N, RlW, BOI
CITY OF EAGLE,COUNTY OF AD ,$TATE OF)DAHO
........ ...... ...