Easement - Steve E. Roth - 2024 - 79 E Aikens - Aikens Plaza - City Access to Maintain/Repair Historic PlaqueADA COUNTY RECORDER Trent Tripple
BOISE IDAHO Pgs=3 BONNIE OBERBILLIG
CITY OF EAGLE, IDAHO
2024-040407
07/24/2024 11:20 AM
NO FEE
EASEMENT AGREEMENT
THIS EASEMENT AGREEMENT is made and entered into this S day of ,
2024, by and between Steve E. Roth, referred to as "Grantor", and the CITY OF EAGLE, wh se
address is 660 E. Civic Lane, Eagle, Idaho, 83616, hereinafter referred to as "Grantee".
RECITALS
A. Grantor is the owner of certain real property situated in the City of Eagle, Ada County,
Idaho, hereinafter referred to as the "Subject Property", and more particularly described
in Exhibit "A" hereto.
B. The Subject Property consists, among other things, of a 13,572 square foot, three-story
mixed -use building (the `Building").
C. As part of the City's design review approval of the Building, Grantor was required to
provide a plaque commemorating the historic nature of the Building.
D. The Grantee desires to acquire from the Grantor an easement over, and across the Subject
Property for access to maintain and repair a historic plaque from time to time.
E. The Grantee and the Grantor have agreed upon, and desire to herein memorialize the
terms and conditions which will govern the granting and use of the aforementioned
easement.
AGREEMENT AND GRANT OF EASEMENT
NOW, THEREFORE, in consideration of the mutual covenants and conditions herein
contained, and for other good and valuable consideration, the receipt and sufficiency of which is
hereby acknowledged by the Grantor, the parties hereto, for themselves, their heirs, successors
and assigns, agree as follows:
1. Grantor, subject to the terms and conditions hereinafter set forth, hereby grant and convey
unto the Grantee, its successors and assigns, an easement over, and across that portion
of the Subject Property described in Exhibit "A" for the purpose of permitting the
Grantee to therein maintain, repair, o r replace, the historic plaque ("Easement").
2. The Easement shall be permanent and perpetual, unless Grantee agrees in writing to its
termination, or it is otherwise abandoned or vacated by the Grantee.
3. This Agreement, and the easement herein granted shall be appurtenant to, and run with
the title to the real property encumbered thereby, and shall obligate, and inure to the
benefit of, the parties hereto and their respective successors and assigns.
EASEMENT AGREEMENT - 1
IN WITNESS WHEREOF, the parties hereto have caused this Easement Agreement to be
executed on the day and year first above written.
"GRANTOR"
Steve E. Roth
By:
Steve E. Roth, Individually
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STATE OF IDAHO )
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County of Ada )
"GRANTEE"
CITY OF EAGLE
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On this 3 day Jkl, of, 2024, before me, a Notary Public for said County
and State, personally appeared Steve E. Roth known or identified to me to be the person
who subscribed said name to the foregoing instrument, and acknowledged to me that he
executed the same in.
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IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day
and year in this certificate first above written.
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NOTARY PUBA,IC OR IDAHO 4tannay IM?.kS
Residing at , =kt.eto My
commission expires G� ?j -2.030
EASEMENT AGREEMENT - 2
Exhibit "A"
DESCRIPTION FOR
AIKENS CONDOMINIUM
Lot 4 and a portion of Lot 5 of Schmelzer Addition as filed in Book 12 of Plats at Page
689, records of Ada County, Idaho, and unplatted lands located in the SW1 /4 of the
SW1 /4 of Section 9, Township 4 North, Range 1 East, Boise Meridian, City of Eagle,
Ada County, Idaho, being more particularly described as follows:
Commencing at the SW corner of said Section 9, from which the W1 /4 of said Section
9 bears North 01 °03'32" East, 2636.60 feet; thence North 01 °03'32" East, 702.11 feet
along the West boundary line of said Section 9 to the SW corner of said Schmelzer
Addition, point also being on the northerly right of way line of Drainage District No. 2
Drainage Ditch (Eagle Drain); thence leaving said West boundary line and along the
southerly boundary line of said Schmelzer Addition, line also being the northerly right
of way line of Drainage District No. 2 Drainage Ditch (Eagle Drain), North 84°26'32"
East, 281.52 feet to the SW corner of Lot 4 of said Schmelzer Addition and the POINT
OF BEGINNING;
thence leaving the said southerly boundary line and along the West boundary
line of said Lot 4 North 01 °03'32" East, 86.16 feet to a point on the South right
of way line of E. Aikens Rd.;
thence leaving the West boundary line of said Lot 4 and along said South right
of way line South 88°55'11" East, 116.01 feet;
thence leaving said South right of way line South 00°55'12" West, 72.64 feet to
a point on the northerly right of way line of the Drainage District No. 2 Drainage
Ditch (Eagle Drain);
thence leaving said northerly right of way line and continuing South 00°55'12"
West, 50.32 feet to an angle point of Lot 5, Block 1 of Gleneagles Subdivision
as filed in Book 77 of Plats at Pages 8066 through 8067;
thence along the exterior boundary line of said Gleneagles Subdivision for the
following two (2) courses and distances:
South 00°55'12" West, 25.16 feet;
South 84°29' 10" West, 117.15 feet;
thence leaving said exterior boundary line, North 01 °03'32" East, 75.51 feet to
the POINT OF BEGINNING.
Containing 17,999 square feet, more or less.