Easement - GWC Capital LLC - 2024 - Regional Sports Park Area - Non-Motorized Public Access to BLM Land Easement AgreementM
Recording Requested Bv:
City of Eagle
660 East Civic Lane
P.O. Box 1520
Eagle, Idaho 83616
GWC Capital, LLC
730 North 1500 West
Orem, Utah 84057
When Recrded, Mail To:
City of .Eagle
660 East Civic Lane
P.O. Box 1520
EagIejdaho 83616
The undersigned hereby affirms that ADA COUNTY RECORDER Trent Tripple 2024-048058
there is no Social Security number BOISE IDAHO Pgs=11 VICTORIA BAILEY 08/29/2024 09:49 AM
contained in this document. CITY OF EAGLE, IDAHO NO FEE
(Space Above For Recorder's Use)
PUBLIC ACCESS EASEIVEENT AGREEMENT
This PUBLIC ACCESS EASEMENT AGREEMENT (this "Agreement") is made
effective as of the CA)_ day of August, 2024 (the "Effective Date") by and between The City of
Eagle, an Idaho municipal corporation, ("City" or "First Party"), whose address is 660 East Civic
Lane, P.O. Box 1520, Eagle, Idaho 83616, and GWC Capital, LLC, a Utah limited liability
company ("GWC" or "Second Party"), whose address is 730 North 1500 West, Orem, Utah
84057. The First Party and the Second Party may be referred to in this Agreement collectively as
the "Party" or "Parties" as warranted under the circumstances.
RECITALS
A. City is the owner of that certain real property located in Ada County, State of Idaho, more
particularly illustrated in Exhibit A, which is attached hereto, as a green highlighted area (the
"City's Easement Area"), The GWC's Easement Area is legally described in Exhibit B,
which is attached hereto. The City's Easement Area consists of a proposed public access
easement.
B. City desires to grant and establish a non-exclusive public access easement across the City's
Easement Area to provide non-exclusive public access to land within the N1/2SE1./4SW1/4
of Section 27 of Township 5 North, Range I West, B.M., Ada County, State of Idaho, which
is currently owned by the United States of,4merica and currently managed by the U.S
Department of the Interior, Bureau of Land Management, which is hereinafter referred to as
"the Benefited Property"
11Page
L
C. GWC is the owner of that certain real property located in Ada County, State of Idaho, more
particularly illustrated in Exhibit C, which is attached hereto, as a red highlighted area (the
"GWC's Easement Area"). The GWC's Easement Area is legally described in Exhibit D,
which is attached hereto. The GWC's Easement Area consists of a proposed public access
easement.
D. GWC desires to grant and establish a non-exclusive public access easement across the
GWC's Easement Area to provide non-exclusive public access to the Benefitted Property.
E. The Parties desire to enter into this Agreement to memorialize their mutual understanding
and agreement regarding providing non-exclusive public access across the City's Easement
Area and the GWC's Easement Area to the Benefitted Property.
AGREEMENT
NOW, THEREFORE, for good and valuable consideration, the receipt and sufficiency of
which is hereby acknowledged, the Parties hereby agree as follows:
1. Non -Exclusive Public Easement across City's Easement Area. The City or the First Party
hereby grants and conveys to the owner of the Benefitted Property for the benefit of the
Benefited Property, a perpetual, nonexclusive, and continuous public easement on, over,
under, and across the City's Easement Area for the limited purpose of use by "Pedestrian(s),"
as currently defined by Idaho Code § 49-117(5), by `Bicycle(s)," as currently defined by
Idaho Code § 49-103(1), and by `Electric -assisted bicycle(s)," as currently defined by Idaho
Code § 49-106(1), or unless otherwise defined by ordinance by the City, for ingress and
egress by the public, including the employees, agents, invitees, licensees and guests of the
owner of the Benefited Property. The scope and width of the City's Easement Area is legally
described in Exhibit B.
2. Non -Exclusive Public Easement across GWC's Easement Area. GWC or the Second
Parry hereby grants and conveys to the owner of the Benefitted Property for the benefit of the
Benefited Property, a perpetual, nonexclusive, and continuous public easement on, over,
under, and across the GWC's Easement Area for the limited purpose of use by
"Pedestrian(s)," as currently defined by Idaho Code § 49-117(5), by `Bicycle(s)," as
currently defined by Idaho Code § 49-103(1), and by `Electric -assisted bicycle(s)," as
currently defined by Idaho Code § 49-106(1), or unless otherwise defined by ordinance by
the City, for ingress and egress by the public, including the employees, agents, invitees,
licensees and guests of the owner of the Benefited Property. The scope and width of the
GWC's Easement Area is legally described in Exhibit B.
3. The City's Rights. The First Party -- with respect to their own respective properties and the
City's Easement Area -- reserves the right to make any use of their own respective properties
and the City's Easement Area and to place improvements thereon that will not materially
interfere with any rights granted by this Agreement. This Agreement is and shall be expressly
subject to any easements and rights -of -way already existing on, over, or under the City's
Easement Area as of the Effective Date, and the First Party reserves and retains the right to
2 1 P a g e
S.W %W
convey similar and other rights -of -way, easements, and licenses on, over, and under the
City's Easement Area that runs over their own respective properties and the City's Easement
Area to such other persons or entities as the First Party may deem proper, so long as such
easements or rights -of -way do not materially interfere with non-exclusive easement granted
in this Agreement.
4. GWC's Rights. The Second Party -- with respect to their own respective properties and the
GWC's Easement Area -- reserves the right to make any use of their own respective
properties and the GWC's Easement Area and to place improvements thereon that will not
materially interfere with any rights granted by this Agreement. This Agreement is and shall
be expressly subject to any easements and rights -of -way already existing on, over, or under
the GWC's Easement Area as of the Effective Date, and the Second Party reserves and
retains the right to convey similar and other rights -of -way, easements, and licenses on, over,
and under the GWC's Easement Area that runs over their own respective properties and the
GWC's Easement Area to such other persons or entities as the Second Party may deem
proper, so long as such easements or rights -of -way do not materially interfere with non-
exclusive easement granted in this Agreement.
5. Rights Run with the Land. Subject to the terms hereof, all provisions of this Agreement,
including the benefits and burdens, shall run with the land within the City's Easement Area,
within the GWC's Easement Area, and with the Benefitted Property, and shall inure to the
benefit of the successors and assigns of the Parties, including the owner of the Benefited
Property.
6. Miscellaneous. If any term, provision or condition contained in this Agreement shall to any
extent be deemed invalid or unenforceable, the remainder of the Agreement shall not be
affected thereby, and each remaining term, provision, and condition of this Agreement shall
be valid and enforceable to the fullest extent permitted by law. This Agreement shall be
governed by the laws of the State of Idaho, without giving effect to its conflict of laws
principles. All references in this Agreement to Exhibits shall be deemed to be references to
the Exhibits attached to this Agreement. All such Exhibits attached hereto are incorporated
into this Agreement as though fully set forth herein. No modification, waiver, or amendment
of any provision of this Agreement shall be made except by a written agreement signed by
the Parties hereto, or their successors or assigns, and recorded in the office of the Ada County
Recorder.
3 1 P a g e
IN WITNESS WHEREOF, the Parties have executed this Agreemem as of the Effective,
Date.
GrY OF EAGLE, an Idaho municipa oration:
By: � i�
Name: Tea Pike
Title: Mayor of City of Eagle
ATTEST:
By: AZ
Name:
'Title::.
GWC CAPITAL, LL'`C, an Idaho limited liability company:
By:------ --,lt, t.
Nanle: 06 E4
Title: 1'Ye S i 4 P
4IPage
STATE OF IDAHO )
) ss.
COUNTY OF ADA )
I, -SlAtrt *!ILW, a notary public, do hereby certify that on this _13 day of August,
2024, personally appeared before me, 13vq-t-4, f r K,,e- , who, being by me first duly
sworn, declared that he is the Mayor of the City of Eagle, and that the foregoing instrument was
signed on behalf of the City of Eagle, by authority of law.
NOTARY PUBLIC IN AND ��,����NN O�f�'•,
FOR THE STAT4 OF ID HO.
Residing at
My Comm. Exp. - - `--�p
5 1 P a g e
,, -p�N°so 0 TARyo�
i �AUBLIC
.��.Ovo 1, q.'•,
STATE. OF UTAH )
) ss.
COUNTY OF UTAH }
-TWA14A
1, ttlr .Pave' a notary public, do hereby certify that on this 19 day of August,
2024, personally appe red before me, R rc d0 A 14efi rim , who, being by me first duly
sworn, declared that he is an authorized representative of GWC Capital, LLC, and that the
foregoing instrument was signed on behalf of the GWC Capital LLC.
201-11 6hli
TARY PUBffC IN AND
FOR THE STATE OF UTAH.
Residing at V+Z6 Cov*
my -Comm. Exp. JILZI-Jidi
61Nai6
i �? �lOfGr . i3Gt31� state Ge Utah
ar. 's'#3v.G?7Ti w�i73i�xp(f9SiJSP
Exhibit A
� fr of
r,�pr'�hM1,`4
N72.29'30•E
42.68'
�•,.SN{'L ,ti(s OO,tiy',tid
—8r
6=82•31'15'Td3.
1.55�oj9�;31
O1►~
CH=N31.13'33'E L=65 95'
L• Ay
�hi
20. 3 INTERMOUNTAIN GAS CO 1E
S72'29I01 J
42.68'
PIPELINE EASEMENT 1
/
INST, N0. 2023-017231 �II I
L=43214=3000
1'15'T=26.32
CITY OF EAGLE I 9
1'1199'W L=39.57'
5032844790060.0' PUBLIC ACCESS
AND UTILITY I'
EASEMENTI�
I
MIT. NO. 2024-007267
/
a•,`,� /
L--521.29 R--435.00
&=Gr W41'T=297.OB
CH=S24'iT46'W L=490.65'
Ze
27
DUSTING 33.0'
EASEMENT
SALT LAKE PIPE
LINE COMPANY
RIGHT Of WAY
L=161.28 R-140.00� INST. NO. 298077
&=66*W14'T-W -r. �
Ct7=N79'16'22'E L=1S2.51' N46'16'15'E SS6.47'S9•E
28.14' sSW4
GWC CAPITAL L1C
32 F S0327336400
11 ?Skt0
—32.79' _
E•18432It 16�
4.66.Op'14' Cs1� QED
CN•S79.16'22"N I
CITY OF EAGLE I
50328449900
I
I
I
I
I
GWC CAMAL LLC
S03273364M I
I
•
r p 2
34 Sp•I718'E ]317.22'
i
SW C0R. SEC. E INWI/16 RIW0 SEC. - �8
O- G TIN R1W BOKE MERIDIAN TIN R1W BOISE MERIDIAN � fs
CR3341E
ITY Of
a PES 30400 N58•37'36'E�/ / 72' C. FOUND 5/8-R&C $7
L'/�
5&E LS 43627 a
L=49.980.=490.00 O+'�1Q G CP&f IN57. NO, 106035034 CP&F INST. NO. 306035035 � p
M-5'S0'a0'T=25.01'�� . am
CH=N55.42'16'E L=49.96' .ffi ' 19
SSB'3r3rw
/103'19' I 8.
L=47.94 R/ 47Q00
a'S•50'40' T=23.99
�r C"=S55 42'16'W 1=47,92'
/ •' / IDGAN 8. SCHIRMER
� 50333130023 ' +•n+47mxia
7 1 P a g e
Exhibit B
20.0' Trail Easement through City of Eagle Property
Beginning at a point which is South 89° 17' 18" East 674.45 feet along the South section line and
North 00°00'00" East 467.98 feet from the Southwest corner of Section 27 Township 5 North
Range 1 West of the Boise Meridian and running thence South 46° 16' 15" West 32.78 feet to the
point of curvature of a curve to the right having a radius of 160.00 feet; thence Southwesterly
184.32 feet along the arc of said curve through a central angle of 66°00' 14", the chord of which
bears South 79'16'22" West for a distance of 174.29 feet, to the point of tangency; thence North
67°43'31" West 278.05 feet to a point on the arc of a non -tangent curve to the right having a
radius of 280.00 feet; thence Southwesterly 235.38 feet along the arc of said curve through a
central angle of 48°24' 14", the chord of which bears South 48°24' 14" West for a distance of
228.51 feet, to the point of tangency; thence South 72°29' 10" West 42.68 feet to the point of
curvature of a curve to the left having a radius of 30.00 feet; thence Southwesterly 43.21 feet
along the arc of said curve through a central angle of 82°3 l' 15", the chord of which bears South
31°13'33" West for a distance of 39.57 feet, to the point of reverse curvature of a curve to the
right having a radius of 435.00 feet; thence Southwesterly 521.29 feet along the arc of said curve
through a central angle of 68°39'41", the chord of which bears South 24'17'46" West for a
distance of 490.65 feet, to the point of tangency; thence South 58°37'36" West 103.19 feet to the
point of curvature of a curve to the left having a radius of 470.00 feet; thence Southwesterly
47.94 feet along the arc of said curve through a central angle of 05°50'40", the chord of which
bears South 55°42' 16" West for a distance of 47.92 feet, to the point of tangency; thence South
52°46'56" West 623.87 feet to the point of curvature of a curve to the right having a radius of
530.00 feet; thence Southwesterly 156.02 feet along the arc of said curve through a central angle
of 16°52'01", the chord of which bears South 61°12'57" West for a distance of 155.46 feet, to
the point of tangency; thence South 69°38'57" West 336.36 feet to the point of curvature of a
curve to the left having a radius of 270.00 feet; thence Southwesterly 121.68 feet along the arc of
said curve through a central angle of 25°49'20", the chord of which bears South 56'44' 18" West
for a distance of 120.66 feet, to the point of curvature of a curve to the right having a radius of
530.00 feet; thence Southwesterly 109.84 feet along the arc of said curve through a central angle
of 11°52'28", the chord of which bears South 49°45'52" West for a distance of 109.65 feet, to
the point of tangency; thence South 55°42'06" West 609.48 feet to the point of curvature of a
curve to the right having a radius of 330.00 feet; thence Southwesterly 183.43 feet along the arc
of said curve through a central angle of 31°50'50", the chord of which bears South 71°37'31"
West for a distance of 181.07 feet, to the point of tangency; thence South 87°32'56" West 58.34
feet to the point of curvature of a curve to the right having a radius of 330.00 feet; thence
Northwesterly 148.71 feet along the arc of said curve through a central angle of 25°49'08", the
chord of which bears North 79°32'30" West for a distance of 147.45 feet, to the point of reverse
curvature of a curve to the left having a radius of 270.00 feet; thence Northwesterly 105.43 feet
along the arc of said curve through a central angle of 22°22'24", the chord of which bears North
77°49'08" West for a distance of 104.76 feet, to the point of tangency; thence North 89000'20"
West 112.80 feet to a point on the Easterly Right of way of Highway 16; thence along said
Easterly Right of Way North 03°23'51" West 20.06 feet; thence leaving said Easterly Right of
Way South 89°00'20" East 114.33 feet to the point of curvature of a curve to the right having a
radius of 290.00 feet; thence Southeasterly 113.24 feet along the arc of said curve through a
8 1 P a g e
central angle of 22°22'24", the chord of which bears South 77°49'08" East for a distance of
112.52 feet, to the point of reverse curvature of a curve to the left having a radius of 310.00 feet;
thence Southeasterly 139.69 feet along the arc of said curve through a central angle of
25°49'08", the chord of which bears South 79°32'30" East for a distance of 138.51 feet, to the
point of tangency; thence North 87°32'56" East 58.34 feet to the point of curvature of a curve to
the left having a radius of 310.00 feet; thence Northeasterly 172.31 feet along the arc of said
curve through a central angle of 31°50'50", the chord of which bears North 71°37'31" East for a
distance of 170.10 feet, to the point of tangency; thence North 55°42'06" East 609.48 feet to the
point of curvature of a curve to the left having a radius of 5 10. 00 feet; thence Northeasterly
105.70 feet along the arc of said curve through a central angle of 11'52'28", the chord of which
bears North 49°45'52" East for a distance of 105.51 feet, to the point of reverse curvature of a
curve to the right having a radius of 290.00 feet; thence Northeasterly 130.70 feet along the arc
of said curve through a central angle of 25°49'20", the chord of which bears North 56°44' 18"
East for a distance of 129.59 feet, to the point of tangency; thence North 69°38'57" East 336.36
feet to the point of curvature of a curve to the left having a radius of 5 10. 00 feet; thence
Northeasterly 150.14 feet along the arc of said curve through a central angle of 16°52'01", the
chord of which bears North 61 ° 12'57" East for a distance of 149.59 feet, to the point of
tangency; thence North 52°46'56" East 623.87 feet to the point of curvature of a curve to the
right having a radius of 490.00 feet; thence Northeasterly 49.98 feet along the arc of said curve
through a central angle of 05°50'40", the chord of which bears North 55°42' 16" East for a
distance of 49.96 feet, to the point of tangency; thence North 58°37'36" East 103.19 feet to the
point of curvature of a curve to the left having a radius of 415.00 feet; thence Northeasterly
497.32 feet along the arc of said curve through a central angle of 68°39'41", the chord of which
bears North 24° 17'46" East for a distance of 468.09 feet, to the point of reverse curvature of a
curve to the right having a radius of 50.00 feet; thence Northeasterly 72.01 feet along the arc of
said curve through a central angle of 82°31' 15", the chord of which bears North 31°13'33" East
for a distance of 65.95 feet, to the point of tangency; thence North 72°29' 10" East 42.68 feet to
the point of curvature of a curve to the left having a radius of 260.00 feet; thence Northeasterly
237.86 feet along the arc of said curve through a central angle of 52°24'57", the chord of which
bears North 46'16'42"1 East for a distance of 229.65 feet, to a point of non -tangency; thence
South 67°43'31" East 298.06 feet to the point of curvature of a curve to the left having a radius
of 140.00 feet; thence Northeasterly 161.28 feet along the arc of said curve through a central
angle of 66°00' 14", the chord of which bears North 79° 16'22" East for a distance of 152.51 feet;
to the point of tangency; thence North 46° 16' 15" East 28.14 feet; thence South 56°47' 59" East
20.53 feet to the point of beginning.
Contains 1.86 acres.
9 1 P a g e
`.1
II;
I
III
20,a *MRMOUNTAIN GAS CO.
♦ ; _ ' PIPELISK EASEMENT
NISI. NO. 202"17231
\ *►Ei
♦ I 600 PIIDLIC ACCESS
\♦ `.. I AND UTRM
♦ I EASEMENT
��) \ INST. NO. 2O24-007267
\ I
4P , N56'47'S9'W
\ ` 20.53'
k 20.C' TRAIL EASEMENT
THROUGH EAGLE
CITY PROPERTY
0.22 ACRES
m+
I CITY OF EAGLE
/ S0329449900
SW CAR. SEC. 27
TSN R1W 8015E MERIDIAN
1977 2' AC,
PIS N946
CP&F INST. NO. 106035034
674.45
1l373Y
Exhibit C
LOT 1 BLOCK 1
WWTP
/ L=54.85 lt=140.00
L=159.11 R=160.00=22'26'54' T=27.78
6=56•S8'37' T=86 83 CH=SBT58'34'E L--A.50'
CH=N74'45'34'E L=152 63'�
-��dS76•u9T� _-
101Page
JAL_139.22 R=140.00
56'S8'37' T=75.98
CH=574'45'34-W L=133-56'
1 L�2b. 16T.
OFF
Le=22'2s54' T=31.75
20.0' TRAIL EASEMENT CH=N87'S834'W L�2.29'
THROUGH GWC CAPITAL
PROPERTY
♦
0.34 ACRES
�♦ \♦
GWC CAPITAL LLC
/ \♦ \
SO427336400
4
\
EXISTING 33.0'
\
\♦
GAS EASEMENT
♦
SALT LAKE PIPE
LINE COMPANY
4L \ SEC, 27D 34 --,�
RIGHT OF WAY
W1/16COO.
75N R1W SOME AN
INST. NO. 298077
UN S/8- &C
FOUND 5/8" R&C
S&E LS #3627
-
CP8F IN5T NO 306035035
BUM GRANT AREA
N} SE} SW}
8LM
S0327449200
V
z
f
w
z � �
0
4 b�}}
Q
X
Al.
cps€
3
Exhibit D
20 ft. Trail Easement through GWC Property
Beginning at a point which is South 89' 17' 18" East 674.45 feet along the South section line and
North 00°00'00" East 467.98 feet from the Southwest corner of Section 27 Township 5 North
Range 1 West of the Boise Merdian and running thence North 56°47'59" West 20.53 feet; thence
North 46° 16' 15" East 244.06 feet to the point of curvature of a curve to the right having a radius
of 160.00 feet; thence Northeasterly 159.11 feet along the arc of said curve through a central
angle of 56°58'37" to the point of tangency; thence South 76°45'07" East 158.69 feet to the
point of curvature of a curve to the left having a radius of 140.00 feet; thence Southeasterly
54.85 feet along the arc of said curve through a central angle of 22°26'54" to the point of
tangency; thence North 80°47'59" East 134.76 feet to a point on the West 1/16 line of said
Section 27; thence along said West 1/16 line South 00°28'50" West 20.29 feet; thence South
80°47'59" West 131.35 feet to the point of curvature of a curve to the right having a radius of
160.00 feet; thence Northwesterly 62.69 feet along the arc of said curve through a central angle
of 22°26'54" to the point of tangency; thence North 76°45'07" West 158.69 feet to the point of
curvature of a curve to the left having a radius of 140.00 feet; thence Southwesterly 139.22 feet
along the arc of said curve through a central angle of 56°58'37" to the point of tangency; thence
South 46' 16' 15" West 239.42 feet to the point of beginning.
Contains 0.34 acres.
111Page