Easement - Kathleen & Scott Hendricks - 2024 - Northern Lights Sub - Northern Lights Pathway EasementAfter Recording
Return to:
City of Eagle
660 E. Civic Lane
P.O. Box 1520
Eagle, Idaho 83616
ADA COUNTY RECORDER Trent Tripple
BOISE IDAHO Pgs=8 ANGIE STEELE
CITY OF EAGLE, IDAHO
2024-061108
10/29/2024 11:05 AM
NO FEE
FOR RECORDING INFORMATION
PERMANENT PATHWAY EASEMENT AGREEMENT
This Permanent Pathway Easement Agreement is made effective this day of Ij4`- 2024,
by and between Scott Hendricks and Kathleen Hendricks ("Grantors"), 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, Ahich 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. 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.
4. 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.
5. 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. To the extent permitted by law, Grantee hereby agrees to protect, defend, indemnify and
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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 under this paragraph to indemnify and hold
Grantor harmless shall not extend to damages caused by the gross negligence of Grantor.
6. Notices. Any notice or demand from Grantor to Grantee or from Grantee to Grantor,
including notice of a change in address, shall be personally dw€ivered 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 he deemed
delivered on the date actually received or two (2) days after mailing, whichever is first.
Grantor: Scott Hendricks
Kathleen Hendricks
2636 N. Rocket Bar Rd.
Eagle, Idaho 83616
Grantee: City of Eagle
660 East Civic Lane
P.0, Box 1520
Eagle, Idaho 83616
7. 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 and.
B. Counterparts, This Easement may be executed in counterparts, each part tieing
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 holders of the Grantor's Property shall have the right to use its property for all
purposes provided that the same shall not unreasonably interfere with the use of
the Easement as provided herein,
E. Compliance with La. 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.
I*, Assignment. Grantee may not assign, transfer, license, delegate andior 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
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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.
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 Pathway Easement
Agreement to be executed the day and year first written above.
GRANTORS:
Scott Hendricks
By: / f‘
icks, Owner
Kathleen Hendricks
By:m
Kathleen Hendricks, Owner
GRANTEE:
CITY OF EAGLE, a political subdivision of
State of Idaho
By: r
Brad Pike, Mayor
ATTEST:
Ba J
Tracy E. 0
: r
, a
S SEAL
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K:\Pianning Dept \Eagle Applications\SUBS12024\Northem Lights Subdivision FP-2024-15101-Application Documents\Pathway Easement \NortheiivLigts P'etl7tiay .asetuLnt Agreement
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STATE OF IDAHO )
) ss.
County of Ada )
On this 25 day of do""
, 2024, before me, the undersigned, a Notary
Public in and for said State, personally appeared Scott Hendricks, known or identified to me to be the owner
of the property referenced herein and the persons who executed the foregoing instrument.
IN WITNES S WHEREOF, I have hereunto
year in this certif`ratktr w --'` written.
,j r
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STATE OF IDA , of �9,••'•
eejeue�e�•'
County of Ada )
On this day of 04-en.
set my hand and affixed my official seal the day and
otary Public for Idaho
Residing at are., f
My commission expires: 5/4z /2.7
, 2024, before me, the undersigned, a Notary
Public in and for said State, personally appeared Kathleen Hendricks, known or identified to me to be the
owner 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 fir t,aboveeyl{ tten.
40.0 aEjT1,,�•e
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Uowe AN. � tnPUBLICe:
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STATE OF IDAHO '••,,'��' 00000loo, `°,♦
County of Ada )
Notary Public for Idaho
Residing at ee~41,4.s
My commission expires: VI z ta.
On this ti� day of , 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 WITNES4°*E!`H lk: 14 have hereunto set my hand and affixed my official seal the day and
year first above wr i t1,,'\ °o••oo ••,
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NotarYIeublic for Idaho y
Residing at: Eagkk� �-• `
My commission expires: rili(212.5
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K \Ptatming Dept\Eagle Applications\ SUBS\2024\Northern Lights Subdivision FP-2024-15\O1-Application Documents\Pathway Easement\Northern Lights Pathway Easement Agreement
final docx
ENGINEERING
July 22, 2024
Northern Lights Subdivision
Project No. 23-132
Exhibit A
A parcel of land being all of Lot 3, Block 1 of Rocket Bar Subdivision (Book 26 of Plats, Pages 1636-1637,
Records of Ada County, Idaho) and portions of Government Lots 3 and 4 of Section 3, Township 4 North,
Range 1 East, Boise Meridian, City of Eagle, Ada County, Idaho and being more particularly described as
follows:
Commencing at a found brass cap marking the Northwest corner of said Section 3, which bears N89°42'17"W
a distance of 2,653.87 feet from a found aluminum cap marking the North 1/4 corner of said Section 3;
Thence following the northerly line of the Northwest 1/4 of said Section 3, S89°42'17"E a distance of 1,072.61
feet;
Thence leaving said northerly line, 500°17'43"W a distance of 30.00 feet to a point on the boundary of Lot 3,
Block 1, of said Rocket Bar Subdivision, said point being the POINT OF BEGINNING;
Thence following said boundary, the following four (4) courses:
1. S34°25'16"E a distance of 139.12 feet;
2. S29°03'19"E a distance of 542.21 feet;
3. S14°45'28"E a distance of 131.70 feet;
4. S89°25'38"W a distance of 437.97 feet to the easterly right-of-way of Rocket Bar Rd.;
Thence following said easterly right-of-way the following two (2) courses:
1. N00°30'03"W a distance of 700.57 feet;
2. 31.69 feet along the arc of a curve to the right, said curve having a radius of 20.00 feet, a delta angle
of 90°47'45", a chord bearing of N44°53'50"E, and a chord distance of 28.48 feet, and to the southerly
right-of-way of Beacon Light Rd.;
Thence following said southerly right-of-way, S89°4217"E a distance of 48.45 feet to the POINT OF
BEGINNING.
Said parcel contains 4.539 acres, more or less, and is subject to all existing easements and/or rights -of -way of
record or implied.
I LA:D.
,08-27-24a
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5725 North Discovery Way • Boise, Idaho 83713 • 208.639.6939 • kmengiip.com
•132 &)UNDARY EXkd1�;7.
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POINT OFCOMMENCEMENT
r FOUND BRASS CAP
NORTHWEST CORNER SECTION 3
.
4. . S89'42'17"E 1072,61' .
389'42'17"E
48.45' .....
ENGINEER E NG
5723 NORTH DISCOVERY WA'!`
Bti115i;, I1 AHO 5371_c
PHONE (108; G .ii9-b'.325i
krnenglip.otrt
5 1E: October 2024
F°FFt3;Ei:3': 23-132
SHEET:
O .
Rocket Bar Rd,
1
u
POINT OF \
BEGINNING
E. Beacon Light Rd,
BASIS OF BEARING
.. N89°42'17"W 2653.67' . .
S^tc` 17'43"W
30,00' (TIE)
t?
Lot 3, Block I,
Rocket Bar Subdivision
Area: 4,527± AC
FOUND ALUMINUM CAP
NORTH 1; 4 CORNER SECTION 3 ,
T.5N.„ R.1 E. 34
1581,25` 4P€., R.1E.
CURVE TABLE
CURVE RADIUS LENGTH DELTA
Cl 20.00' 31.69' 90'47'45"
100
200
3
300
?far Scale: A: _ 100'
Lot 2
CHORD BRG CHOIR'
N44'53'50"E 28.48'
ocIDSOt
S89'25'38*W 437.97'
Lot 4
Exhibit B
Boundary Exhibit
Lot 3, Black 1 of Rocket Ber Subdivision, situated in the N 1/2 of the NW 1/4 of
Section 3, T4N„ RIE., B,M., City of Eagle, Ada County,
August 23, 2024
Proposed Northern Lights Subdivision
i•-'ublic Access Easement
Project No. 23-132
Exhibit C
A portion of Lot 3, Block 1 of Rocket Bar Subdivision (Book 26 of Plats, Pages 1636-1637, Records of Ada
County, Idaho) and located in Government Lots 3 and 4 of Section 3, Township 4 North, Range 1 East, Boise
Meridian, City of Eagle, Ada County, Idaho and being more particularly described as follows:
Gommening at a found brass cap marking the Northwest corner of said Section 3, which bears N89'42`17 "W
a distance of2,653.87 feet from a found aluminum cap marking the North 1/4 corner of said Section 3;
Thence foilowinw the northerly line of said Government Lot 3, S$9"42'17"E a distance of 1,030.50 feet;
Thence leaving said northerly line, SO0':€.7'43"RAJ a distance of 50.00 feet to the POINT OF BEGINNING;
:hence 534'25'16"E a distance of 144.50 feet;
Thence 529°03'19"E a distance of 534.29 feet;
Thence 514 45'28"E a distance of 114.30 feet to the south boundary of Lot 3, Block 1, of sad Rocket Bar
Subdivision;
Thence following said south boundary, 589'25'38" W a distance of 25.79 feet;
Thence leaving said southerly boundary, €N14 45'28"W a distance of 104.85 feet;
Thence N29°03'19''W a distance of 529.98 feet;
Thence N34 25`15'W a distance of 148.40 feet;
Thence 21.03 feet along the arc of a curve to the right, said curve having a radius of 20.00 feet, a delta angle of
60`14'39", a chord bearing of N60"10'23"E, and a chord distance of 20.07 feet;
Thence, S89'42'17"E a distance of 6,07 feet to the POINT OF BEGINNING.
Said parcel contain 0.454 acres (19,772 square feet), more or less, and is subject to all existing easements
and/or rights -of -way of record or implied.
5725 North Discovery Way a noise, Idaho 83713 « 208,639,6939« l;rr; rs it u
POIN1 OF
COMMENCEMENT
NORTHWEST CORNER
SECTION 3
LINE
Li
UNE TABLE
BEARING
SB9'42'17"E
0 I 0 20
Beacon Light Rd.
BASS OF BEARING
/ 118942'17V 265';— 87'
11 . .... T.S.N.
—
1030.50 i 1300174,3W TAN,
50,00'
\
Li-
0 1
DISTANCE
6,07'
Plc.in Scale
40
CURVE TABLE
Proposed Lot 2,
Block 1, Northern
Lights Sub.
CURVE RADIUS LENGTH DELTA CHORD BRG
i (31
20,00' t 21.03' 60`14'39' N60`10'23'E
ENGINEERING
ST2S NCJP,TH LICiCOVEY WAY
SOISE, :DAJ-10 873.3
PHONE (2.08) 63P-6E139
kmengiip.com
DATE. AUGUST 2024
PROJECT: 08/23/24-
SHEET:
1 OF 1
CHORD
20.07'
NORTH 1/4 j
CORNER SECTiON 3
Lot 2; Block 1
Rocket Bar Sub.
\ CANAL CENTERLINE PER
•\ 1 ROCKET BAR SUBDIVIS?ON
\\I
;\
•••
•5‘
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Proposed Lot 1,
Block 1, Northern
Lights Sub.
Ni4-'45.28"k
104.85'
\ A
S89'2.5'380/
25.70'
S1 4`4-5'28'`E
114.30'
EXHIBIT D - PUBLIC ACCESS EASEMENT
PROPOSED NORTHERN LIGHTS SUBDIVISION
GOV. LOT 3 AND GOV, LOT 4, SEC. 3. T4N, R1E, BM
ore OF EAGLE, ADA COUNTY, IDAHO