Easement - Challenger, LLC - 2023 - Beaconwood Subdivision - Corrected Pathway Easement Agreement ADA COUNTY RECORDER Trent Tripple 2023-065551
BOISEIDAHO Pgs=10 VICTORIA BAILEY 11/21/2023 09:19 AM
CITY OF EAGLE, IDAHO NO FEE
After Recording
Return to:
City of Eagle
660 E. Civic Lane
P.O. Box 1520
Eagle, Idaho$3616
FOR RECORDING INFORMATION
CORRECTIVE PERMANENT PATHWAY EASEMENT AGREEMENT
This Corrective Permanent Pathway Easement Agreement is being executed due to the original
recorded agreement(Ada County Instrument No.2023-059141)referenced an incorrect Grantor due
to a change in ownership. This Corrective Permanent Easement Agreement is Intended to replace
the original.
This Permanent Pathway Easement Agreement is made effective this day of&&6ZL,
2023, by and between Challenger, 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, more 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:
1 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 non-
motorized travel over the Easement. There are no implied easements across any other property owned by
Grantor to access the Easement, nor does either party guarantee any access to the Easement.
3. 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 other hazards to persons using the Easement.
Page I of 4
K Planning-Dep-Tagle FPUD_FP'Working Fllesl[le.vonwrod Corrective Pathway Eiserment Agremem 2021-1 1-01?.docx
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.
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,from 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 tinder 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: Challenger, LLC
Attn: Corey Barton
1977 East Overland Road
Mendian, ID 83642
Grantee: City of Eagle
660 E. Civic Lane
P.O. Box 1520
Eagle, Idaho 83616
8. Miscellaneous.
A. Binding on Successors. This Easement shall be recorded it)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
4
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 holders of the Grantor's Property shall have the right to use its property for all
purposes provided that the sarne 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.
Page 2 of 4
K Tianning DptTa.-k FPUaFYW_d6ng Fil\-Beacoo d Cane_-6ye Pathway F.senxnt AgTpmmera 2023-1 I-N doex
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.
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.
K 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 on 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 P6t"ay Easernent
Agreement to be executed the day and year first written above.
GRANTOR:
CHALLENGER,,'LLC, an Idaho limited liability company
Corey Teflon, Manager
GRANTEE:
CITY OF EAGLE, a political subdivision of the
State of Idaho
on fierce,By:
...........
Mayor
ATTEST:
N
Tracy E. Osb n, 3ty Clerk
X
/o
Page 3 of 4
K-1,111anning L"VEagle NIOD-FFINo�king Files Beaccmwd Con-wnye Pab—.yPzuerment Agreemm 2023-1 1-+i9.docx
STATE OF IDAHO
County cif Ada
On this day of a�OVe v' . 2023, before may, the undersigned, a Notary
Public in and for said State, pemonally appeared COREY BARTON, known or identified to me to be a
Member of CHALLENGER, LLC, 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.
Koi ry Public for Idaho
Residing at........
ADAIR KOL'FES My commission expires: 1i--0S-2Z2-'9
Notary Pubk-5*,ate of idahn
lviy Comr.AlSsjogn
.....OWUN....00
STATE OF IDAHO
s
k1ounty of Ada
On this
'1_ day of VWIAW,,42023, before rage, a Notary Public in and for the State of Idaho,
personally appeared JASON PIERCE, 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 et my hand and affixed my official seal the day and
year first above.written. hereunto
C S'P-.A
s**sib 0 ------
0T 0.Aj?yV Nota u iblic foQrra-6-6
4 Residggat. Vko�U�,
My commission expires: z'gyp ------
0
Page 4 of 4
bt—pffagle Applicmeri,S',j2"S'�2023,Bca enw�.�.'FPUD-FP,Work-n,,g F4es'Reaconwood Co-ec&e Pathway Fasemeni Avtmeat 1023-1 5 J09 qvCX
', ITMti 4A?'&FRS
"� L4t4itsdM.f: Lt#81PtC
31
OMMOMI -J6''I MP��I
EMU"A" w es v sxc:sxa€wE.rwc,
Pre-Plat Boundary Description
A td'a` r .`And s in Government is h. North Range 1 West,Boise 3v�eridian,
CC ..dt:_C s.Y(u'' li#.iats: �r+;?ti4i l.si�-'�"3 ;�,`�'��c, ��.C�1�'i ,Township �?+�_,s. ,. `+' ,
City t_'r Eagle, C'L�l'L+nt`{of Ada, State of i f;;S�S € g lre r � l+ �b ,y t
t`t,(;, aviCl'7r;.i:zz 3'i31. �. llr`7Tt},.7,z as � (�."..�i4:it ei� as f£�',iSwcn'
ti'.6}iY metric-. ig,a, ilie northwest corner of said Section 2,
i33eiri .e lrcil.€i SSSiU Vik€is` V€A11l te L.«ii i3,. South East, fi.�L3 jrg�tA2� the %2#-}7`�_7. ..'in oinc i ' to of&d
`'Section .;a distance o1 2,643.44 Set to the Tlonh quarter uCTri.r of satid Section ,said quariet-Co3"i'e i bein,_',
th: Point of Beginning of this description,
..Bence from said Point of Beginning, leaving said nosh ling., Somh 00' 6"OS" West, coincident with the
west line of sai Gave n.mC'nt Lot 2,a distance of 1,124.15 teat to?5r'8-inch rebar ma king{,the n0rt�hW Swr€y
corner of :tie Pia; of L a n4=� ' i s � e . :y > '.e � } d
y� (} y�{y ( ,f..t i;,,3t1 :sti cf tY ;Y+cCxt�n �"�?{�;, C? recorded €E. s !t5�: _ 4?.iy���U.i�, �.t �:���WS ��. '�? .3€'G7 t;�;1;
xt`s.ttJk Ada �.'t�i.n y Records, hS:it.`,t�£L�L1m i41����Fu tip+ as 3.,«if€L�rTt'��?od 6; tl ence ]�i`avin1= �`id '.Pest line,
cctilncideni with the nCnh-eriv lii-�s of" said Lane a{d 6 tAe t',f.1i i 5g five .5# c nse:a : �}i"CSCs and
1. No-4 h 89038'57 Easo a distance M of 125A5 Set,
I South 00'22'42"' West, a distance of 13527 li:t'i to a 5/8-inch rebar:x?::ie'king
an angle point in said norhea'_v fins,
3 South e88'16'49"East, a e'.i stance of i 16 22 ifeet to a 5/8-inch it rebar In?na kin an
4. South 1-s Eaq it sst£iriCL.', of 8.�'i2 ;'``.:1 to mot' eI':cL# n.`ba.i` Illtl.A:4,...g .:
angle point in said northerly line, and
5. SC ut!, 88`36's " Eas: a distance cif 1 6003 feet to a 5/8-inch rebar n1asrkinT
t.1>t. nt?3ta. 5tei'l cornet-t?t aid ,ar€t'Y�C3tid ;s: `
aience leavingy said northerly int, contin€,tQ Sowh SK 013"gist,a c istance of 31&29 Ret to a
rebar marking a point on.the cast lip:e of said Gave A:ii nt.l; thence .`ortle ,00' 5'09' !'ast, coincident with
said wisht line, a distance stance. of 1,14 i A2 tel:: tiwti e neat/ ng said ea.`'st 'inn, an li:il ytiin .two (2) :,tSi'neuti4%e
co-urses and distances:
.. No th 89' !r'1ti54 West,
41,�i�Y 1, a distance of }.�5 ��5� feet, and
2. N(.-?rl:li t O'55`09 East, a distance e of'1 +5.0'0 f et to a 5/8-inch rebar mn rking a
point on the north lin,. i--)f said Section 2;
_ .. ............. _ -__ -- ._--------__ ._ .-....__..__..._.
------
MO Q/4,:;_ {'.Xtu S16'fi'. E_at oSttic<{-M >t✓tc;rtiilli?, iD 83642_5313 .Yi3'w,ivb, otp€ 2,08.37fs.,tBO
thence Norih West, wah said, no-th line, a distance of I�0!44.15 i'ee., to ',,he Point of
Fkonnkg,
ComainQ an area of 3*7.344 acres of lartd�more or
The abcove-dicsoribed tract nd land �s shown cm Exhibit"B" attached 1-toreto and q -,,,art hereof.
End ..)f Desmiption,
J-U-R ENGINEERS, Inc.
This description was p-repared by me or undu my supervision, Hanyporiion of this description.is difiecl
of lZI-110ve-dwif-hout the written consent of Timothy Harrigan,PLS,all!prolfession-all liability associ'.-ted V,,,itl,,
this document is, hereby declared null and,voi(—�
LA
Tirnotby Flarri On., PLS 17665
lot
Doe
My it 2021 10-20--l! 16-3seaconv-,od PP dc,,,:n Page :] of 2
EXHIBIT "B"
TOWNSHIP 5 NK-)RTH -POB 5 ',k B&�CON L'K37HT R,-.-,AD
------------------P
4 NORTH`
GWNS� --------
5,6"IE 2 eoli
LU
M
Ld
sV
vt
CL
z
bo
0
2�
SEE SHEET 2
FOR LEGEND
200
SCE IN FEET
N89'38'5-11 SCALE
12'-.45'
2
�N
S 0 0'221'422"W SO"06'23 E
1355,727 r .(D 2' LU
17 6 6
U^, S 8833'16'4 9 E
UJ
A 1, 1 16,22� UJ
H,
3
E
EXHIBIT "B"
B'
SUBDIViSiON
L;
�'ATBOUNDARY DESCR'FFION A 'RTJON OF-G&VERNMENT LOT 2 OF SECTION 2� T4 N, R11 W, B.M. 0 2
PC
J-U-0 ENGINEERS,INC.
.............
35
N 8 9'0 7'5 6"IN 094,15' W, BEA" ON 1_.1�7H. '- ROAD
.......... . ..........
2
NO-10*555'09"E -3`5.00'
22"5.00'-d
ul
uJ
to
ly;
LEGEND
C,
SECT10N INE
'717 314-4- ACRE-S 0�7 LANO
SE"TJON "C"Ci R N ER
QUART ER CORNER
0 DIMENSiON POIN'll"
cs
FOUND MONUMENT
Cj c POINT OF COMMENCEMENI'll'
PCs POINT "-/IF BEG7ANNING
0 20-3
................
SCALE lN FEET
w
S 1-38'356'
.............
m uj
LAIV) S/
coo
4
fa:
17665
EXHIBIT "B"
....... ............. --------- ------- ........
IVISION EACONWOOD SUBDI 1
S.H.'E F
PRE-PLAT BOUNDARY F-S'RI P—ON
A PO--R,T 10 N OFF �""7.OVERNM;::,',N-Ft,OT2k)F �,;E�-Te'�,DN2, Tl�4", ' WJS
EWNEERS,MC Ri �M. -2 OF 2
-;T OP EAGLE 3.COUN TY OF ADA, SA'�F- OF 0AHO Y C.
- --------------- ------ ----
-------------
Exhibit "C"
Beaconwood Subdivision NNo. I
Pathway Easement Description
Proiect No !022-052 Jid.v 10, 2023
A tract of' land situated it) Government Lot 2 of Section 2, Town,ihip 4 Nonh, Ranloe 1 V,'est, Boise
Meridian, City of'Eagle, County of Ada, State of Idaho, and being more rmrticularly describted as j'(,,l tows:
g at the north qua-er corner of said section 2; from which the northeast corner of said, sectiop
2 bears SOUM 89'07'56" Eost, 263830 feet; thence coincio'call ,vith the north 11ne of said Section 22,
con,firuaing along; said tiorth line South 89'0756" East, a distance of 13 19A', tint m the Northeast Corner
of said government Lot 2— thence coincident wl';fi. the east line of said, Ciover-nmerf flot 2, South.005.5'09"
West, a distance of 12'76.42, "eet 4o a 5/8-inch rebar marking' a Point or-, the Lanewood SubdOision No. 7,
recorded in, Book I fly of flats, at Pages 18829 through i 8833, Ada County Records, hereinaftei referred to
as Lanewood No, 7,and a point on the cast line ot'said Govenirnen, Lot 22; Onerice leavuig said cast kne and
continuing along said Lanewoo,,! No 7, Morth 88`3 6'1 West is d Istance of 9 feet to tile Point of
Beginning of this description;
thence from said Point of Beginning, C011"ith:ing along ;card north line, Nor.,h 88'36'1.3"' is 43, 1) fleet:
ze
thence leaving said north 'line -ho folk}` l-rig thirce (3)consccutive courses anld distarices:
North -56'09'34'5 East a distance of 2,4 8� feei.
South 00'55'09" West a. distance of"30.43 feet,
South 56'09'314"' West a distance of 162.1 ! ill-et,
to the Point of Beginning
Comtainilng,an area ofO.108 acres of land, more or 'less.
The above-described tract of:and is shown on Exhi� ;,-'1)- attached hereto and rriad, a part hercof.
End of De,,criptior_
J-U-B ENGINEERS, Inc.
This description was vrejxired by ine orulnder my supervision, if any portion ot"flis description is modtflied
or flenlOved without -lie -vntien consent of Brad Daley, PLS, ali lroftvs,-,:ona' liability associated grit n this
document is hereby declared null an(, vold.
Bray ally, 8
7/
Date
J L"t V 10. 2023 3 10-22-M1 'it.`.coridwood Pa*h\vay ;:ascaientAocx P�;}Zt; I of 1
----------------------- ------ ------
2'i 60,VVest t N'tordian. I D 2 208.37IM330
POINT OF COMMENCEMENT
S89'07'56"E 2638-30'
3 S89*07'56"E 1319 15' 35 36
;,
2
2
C14
LO
b
ss
0
V)
Ik
b
'4'
lh
fill
N88*36'1 3*W:: 133.19
14 ------
N88*36'1 3-W f43.33'
POINT OF BEGINNING 60
SCALE IN FEET
3
20
Exhibit "D"
E
PATHWAY EASEMENT R SHET
DESCRIPTION
SITUATEPINGOVP-RNMENT '!-Of2dt-�t ION2, T4N, RlW, BOISE MERIDIAN
1 OF: 1
C TY OF EAGLE, COUNTY OF ADA, STATE OF If AHO
l