Easement - Landmark Pacific Development, Inc - 2024 - W State St, Ballantyne Lane & Hwy 44 - Kingfisher Cove Townhomes Pathway EasementAfter Recording
Return to:
City of Eagle
660ECivic Lane
P.O.Box 1S2Q
Eagle, Idaho 83616
AoACOUNTY RECORDER Trent Tnpple
emoE|oAHo Pgs~eoHE FOWLER
CITY OF EAoLE.|oAHo
2024-022778
0501/202409:35AM
NO FEE
FOR RECORDING INFORMATION
PERMANENT PATHWAY EASEMENT AGREEMENT
� 7
This Permanent Pathway Easement Agreement ismade effective this _ day ofA0o / 2024.
by and between Landmark PeoiOo Development, Inc. ("Gxmntor^), and the City of Eagle, a political
subdivision ofthe State ofIdaho ("Goontee,). Grantor and Grantee may bocollectively referred toaothe
parties.
RECITALS:
& Grantor iathe owner of that certain real property in Ada County, Idaho, more particularly
described on Exhibit and depicted on Exhibit B. which exhibits are attached hereto and incorporated
herein ("Grantor's Property").
B, Grantor desires tngrant and Grantee desires horeceive mneasement for ingress and egress aa
a public pathway on, over, across and through Grantor's Property under the terms and conditions outlined
NOW THEREFORE, in consideration of the above veobaka 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 onon-exclusive easement for use bythe general public as
a permanent pathway easement over, on, across, and through Grantor's Property in the location described
in Exhibit 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 noimplied 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 oomp|ete, or cause to be oompleted, all
improvements to the Easement in accordance with the provisions of Section 3.8 of the Development
Agreement previously executed between Grantor and Grantee and recorded as Ada County Instrument No,
2022'075833.
4. Maintenance of Grantor's Property. Grantor shall maintain the physical integrity ofthe
pathway in good condition and repair and as required to satisfy all requirements of applicable laws, the
policies of Grantee, which maintenance shall inn|ude, without limitation, removal from the Easement of
paper, rubbish, debris, and other hazards topersons using the Easement.
5. Dedications. Nothing contained herein shaU, or ohmU 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.
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6. Indemnity. Grantor shall not beliable hoGrantee for any damage orharm tnGrantee or
Grantee's property or Grantee's ernployees, agents, guests or invitees caused by or arising out of use of
the Easement. Grantee hanaoy myraam to proteo|, defond, indemnify arid hold harmless Grantor, its
members, managers: tenants, employees, guests, invitees or agents, from and against any and all liability,
costs and expenses inciuding, without limitation, reasonable attorney's fees, for the following: damagey,
losses, iojurieu, or death in p*r000s, or, damagaa, infringements or losses to or of pnopedy, whether
personal, real or, intangible; or, violation of any statute, !aw, uniinonoe, regulation or code ofany 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
nrthe pub|in. Grontes`sob|igadunundorthioparagraphboindemnifvandhn|dGranturharm|eaoohaUnot
extend todamaQeycaused bythe gross negligence ofGrantor.
7. Notices. Any notice or demand from Qranharto Grantee nrhnm Grantee in Grantor,
including notice ofuchange inaddress, shall hepersonally delivered byspecial ouuh�courier, or fir
st
o{awa United States mailoddreaamd to the address set forth below ormovh other address as a partyahali
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 (22) days after mailing, whichever is first,
Grantor: Landmark Pacific Development, Inc.
Attn: Don Newell
POBox 1830
Eagle, Idaho 83616
Gron1ea� City nfEagle
08DEast Civic Lane
RO. Box1SZ0
8. Miscellaneous,
A. Binding on Successors. This Easementshall barecorded inthe official records
of Ada County, Idaho and snall be binding or) the heirs, Successors, administrators,
executors arid assigns nfall parties hereto and shall run with the land.
B. Counterparts, This Easementmay beexecuted incounterparts, each part being
considered unoriginal document, all parts being but one document.
C, Headings, The headings of the novo/a| paragraphs contained herein are for
convenience, only and do not oxp|ain. define, Umh' amplify, or aid in the
interpretation, construction or rneaning of the provisions of this Easernent,
D, Non -Exclusive, Grantee's rightVauoatheEamement is not exclusive, The fee
title holders of the Grar,,W.r's Property shall have the right to use its property for all
pu/pnaao provided that the oanooshall not unreasonably interfere with the use cf
the Eaaementaoprovided herein.
E. Compliance with Law. Grantee hereby agrees tocomply inall respects with any
and ail, federal, state and local statutes, law, ordinances, codes, regulations and
rules inconnection with tile Use ofthe Easement,
F� Assignment. Grantee may not assign, transfer. license, delegate mnd/orgrant all
or any part of i's nghts or privileges hereunder to any person or entity, except as
expressly provided herein,
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G. Remedies. In the event of brooch hereunder by any pnhy, 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 beentitled torecover 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.
X. Recording. This Easement is subject to all matters of record on the date this
Access Easement iarecorded inthe office ufthe Recorder ofAda County; Grantee
shall vanond this Aooase Easement and return a copy of the recorded Access
Easement hoGrantor.
IN WITNESS WHEREOF, the undersigned have caused this Permanent Pathway Easement
Agreement to be executed the day and year first written abov0
LANDMARK CIFIC DEVELOPMENT, INC
Don New9i, Manager
8 CITY {}FEAGLE, apolitical subdivision ofthe
State of Idaho
By:'
BnadPV�K8ayor , /
\/
ATTEST:
^
Tracy E. Osborp City lerk
/
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STATE OF IDAHO
County of Ada
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On this ti day of I- t . 2024, before me, the undersigned, a Notary
Public in and for said State, personally appeared DON NEWELL, known or identified to me to be the
Manager of LANDMARK PACIFIC DEVELOPMENT, INC., 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. _ -----� '- ,r `-"
Notary Public forl5r —
Residing at AVA, ww o
My commission expires: 511 f 2.0Th
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STATE OF IDAHO
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County of Ada )
On this'trrt day of'Yi t , 2024, before me, a Notary Public in and for the State of Idaho,
personally appeared BRAD PIKE, 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.
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Notary F bit for Idaho
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My commission expires: I Z 1.O 1 2-
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Kid'lannine DeptsEagle, Applications'SUBS'2O22,•Kingfishmr Cove To enhomex FP\SVorking Riles: io_;fi;her Cove Townitomes Pathway Easerne
Ax:eement.docx
LEGAL DESCRIPTION
HE
LAND
`RCUP
March 22, 2024
Project No.: 120093
EXHIBIT' A'
KINGFISHER COVE TOWNHOMES SUBDIVISION
FINAL PLAT DESCRIPTION
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A parcel of land located in the North Half of the Southeast Quarter of Section 7 of Township 4 North,
Range 1 East, Boise Meridian, City of Eagle, Ada County, Idaho, being more particularly described as
follows:
Commencing at the Center -East One Sixteenth Corner of Section 7 of said Township 4. North, Range 1
East, (from which point the Center One Quarter Corner of said Section 7 bears South 89° 25' 51" West,
1322.18 feet distant);
Thence from said Center -East One Sixteenth Corner, South 01° 20` 38" West, 930.27 feet to a point on
the southerly right of way line of West State Street, as same is shown on Record of Survey Number
10957 of Ada County Records, said point being the POINT OF BEGINNING;
Thence South 52° 30' 19" East, 510.43 feet on the southerly right of way line of West State Street;
Thence South 89" 41.' 37" West, 998.61 feet, a portion of said line being on the Northerly right of
way line of State Highway 44, to the Southwest corner of Parcel A as shown on said Record of
Survey Number 10957;
Thence North 00' 18' 35" West, 345.45 feet on the West boundary line of said Parcel A to point on
a curve of said Parcel A;
Thence 165.45 feet on the arc of a curve to the left, said curve having a radius of 200,00 feet, a
central angle of 47' 23' 56", and whose iong chord hears, North 32' 32' 36" East, 160,78 feet, to a
point on the Southerly right of way line of West State Street;
Thence South 88" 39' 40" East, 228.88 feet on said Southerly right of way line, to a point of curve;
Thence 1.43.88 feet on the arc of a curve to the right, said curve having a radius of 228.00 feet, a
central angle of 36' 09' 21", and whose iong chord hears South 70° 34' 59" East, 141.5E feet;
Thence South 52" 30' 19" East, 184.92 feet on the Southerly right of way line of West State Street
to the point of beginning.
The above described parcel contains 7.38 acres more or less.
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,t�% 7880
3-22-2024
4041