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Easement - Richmond American Homes of Idaho, Inc. - 2025 - Hevostila Sub - Hevostila Pathway Easements A & CADA COUNTY RECORDER Trent Tripple BOISE IDAHO Pgs=14 ANGIE STEELE CITY OF EAGLE, IDAHO 2025-004047 01/21/2025 04:20 PM NO FEE (Reserved for Ada County Recorder) PERMANENT PATHWAY EASEMENT AGREEMENT THIS PERMANENT EASEMENT AGREEMENT is made and entered into this day of 3 Con v otv , 20 1,5, by and between RICHMOND AMERICAN HOMES OF IDAHO, INC., (hereinafter referred to as "Grantor"), and the CITY OF EAGLE, 660 E. Civic Lane, Eagle, Idaho, 83616, (hereinafter referred to as "Grantee"). WITNESSETH: FOR GOOD AND SUFFICIENT CONSIDERATION, IT IS AGREED: SECTION 1. RECITALS: 1.1 Grantor is the owner of certain real property situated in Ada County, Idaho, (hereinafter referred to as the "Subject Property") located on the south side of East Floating Feather Road, approximately 355-feet west of the intersection of North Falling Water Avenue and East Floating Feather Road, and more particularly described in Exhibit "A" as shown on Exhibit "B" attached hereto. 1.2 The Grantee is the owner and operator of a pathway system, and in connection therewith, desires to acquire from the Grantor two (2) easements over and across a certain portion of the Subject Property for public pathway easements. 1.3 The Grantee and the Grantor have agreed upon, and desire to herein memorialize the teiuis and conditions which will govern the granting and use of the aforementioned easements. SECTION 2. 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: 2.1 Grantor, subject to the terms and conditions hereinafter set forth, hereby grants and conveys unto the Grantee, its successors and assigns public pathway easements over and across that portion of the Subject Property described as "Easement A" and "Easement C" within Exhibit "C", and generally as shown as "Easement A" and "Easement C" on Exhibit "D" attached hereto, ("Easements"). 2.2 The Grantee may connect, or continue within these easements, public pathways as part of future system expansion, and may authorize staff, contractors, or neighboring developers to facilitate such improvements within these easements from any boundary to another public pathway easement or easements, or to parcels included in any public access agreement. 2,3 The Easements shall be permanent and perpetual, unless Grantee agrees in writing to its tennination, or it is otherwise abandoned or vacated by the Grantee. 2.4 Grantee, its agents, employees, contractors, and assi.gns, may traverse said Easements with vehicles and equipment, and to make such improvements and excavations thereon and thereunder as may be reasonably necessary to construct, install, maintain, repair, replace, operate or use pathway located within the Easements. 2.5 Grantor reserves all mineral rights on the Subject Property. In the event damage occurs to the pathway upon Grantor's exercise of mineral rights (i.e. excavation) the Grantor shall. immediately repair, restore, and revegetate all disturbed surface areas in a manner consistent with conditions existing prior to the disturbance, all to the reasonable satisfaction &the Grantee. 2.6 Upon completion of its installation of a pathway within the Easements, and any subsequent construction. or maintenance activity conducted therein by the Grantee, the Grantee shall immediately repair, restore, and revegetate all disturbed surface areas in a manner consistent with conditions existing prior to the disturbance, all to the reasonable satisfaction of the Grantor, 2.7 This Agreement, and the easements 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. 2.8 All .exhibits attached hereto and the recitals contained herein are incorporated herein as if set forth in full herein. SECTION 3. Recordation. This Agreement shall be recorded in the Official Real Property Records of Ada Coun Idaho, SECTION 4. Governing Law, Jurisdiction, and Venue, This Agreement shall be construed and interpreted in accordance with the laws of the State of Idaho, The parties agree that the courts of Id.aho shall have exclusive jurisdiction and agree that Ada County is the proper venue. BASEMENT AGREEMENT - 2 IN WITNESS WHEREOF, the parties hereto have caused this Easement Agreement to be executed on the day and year first above written. "GRANTOR" RICHMOND AMERICAN HOMES OF IDAI-O, INC. By: Stems Miller, President "GRANTEE" CITY OF EAGLE Tracy F,.shorn; Cit�y< EASEMENT AGREEMENT - 3 STATE OF IDAHO ) ss. County of Ada ) On this 14 day of 3 , 20; before me, a Notary Public for said State, personally appeared SIEVE MILLER known or identified to me to be the President of RICHMOND AMERICAN HOMES OF IDAHO, 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. 's"Vt CS ,'E�r,",•,,♦ ®, m'a14oTARY ��(f� M z 110 PUBLIC J'T•:`'m No.S�.• 4O moo' SDI •••so•.•�• i�O °°•q1�' of �9 STATE OF IDAHO ) )ss. County of Ada ) NOTARY PUBLIC FOR IDAHO Resic'ng at f; $-T My commission expires ,Z,V21. On this i 11 day of 3A,Aveo, , 20' '5, before me, a Notary Public, in and for said County and State, personally appeared BRAD PIKE, known or identified to me to be the MAYOR of the CITY OF EAGLE, said municipal corporation that executed the foregoing instrument, and acknowledged to me that such corporation executed the same. IN WITNESS WHEREOF, I have hereunto set m hand and affixed my official seal the day and year in this certificate first above written. ..- / .,` 0a®'aeeuase�"y, . r Y PUBL C'(5R IDAHO +klyOTARI, ' �, e — • ® Res mg at: "A, 1 .. ..ai.21 nW S. e PUBL`C�, ` My commission expires: ' ' eo 43Q °#•9rF �OFe� � •°.� EASEMENT AGREEMENT - 4 EXHIBIT "A" Legal Description, Hevostila Site Proposed City of Eagle Annexation, Preliminary. Plat & Rezone A parcel being located in the NE Ya of Section 10, Township 4 North, Range 1 East, B.M., Ada County, Idaho, and more particularly described as follows: BEGINNING at a Brass Cap monument marking the northwest corner of said NE % of Section 10, from which a Brass Cap monument marking the southwest corner of said NE % bears S 1°29'13 W a distance of 2625.64 feet Thence along the northerly boundary of said NEV. S 89°44'15" E a distance of 30:01 feet to a point; Thence leaving said northerly boundary S 1°29'13" W a distance of 852.81 feet to a point; Thence S 89°40'01" E a distance of 250.81 feet to a point; Thence S 0°44'22" W a distance of 15.00 feet to a point; Thence S 89°45'27" E a distance of 228.15 feet to a point; Thence N 1 °11'05" E a distance of 15.00 feet to a point; Thence S 89°45'27" E a distance of 159.57 feet to a point; Thence S 1 °13'25" W a distance of 38.07 feet to a point; Thence S 88°40'49" E a distance of 2.64 feet to a point; Thence S 1 °02`04" W a distance of 743.27 feet to a point on the centerline of the Farmers Union Canal; Thence along said centerline the following courses and distances: Thence N 75°47'27" W a distance of 4.90 feet to a point; Thence N 79°25'07" W a distance of 57.83 feet to a point; Thence N 75°58'01" W a distance of 133.10 feet to a point of curvature; Thence a distance of 129.61 feet along the arc of a 292.50 foot radius curve left, said curve having a central angle of 25°23'17" and a long chord bearing N 89°17'30" W a distance of 128.55 feet to a point of tangency; Thence S 78°00'51" W a distance of 124.13 feet to a point of curvature; Thence a distance of 163.65 feet along the arc of a 307.50 foot radius curve right, said curve having a central angle of 30°29'36" and a long chord bearing N 86°44'21r" VV a distance of 161.73 feet to a point of tangency; nrlSolutions Land Surveying and Consulting. Hevostiia Site Eagle Annexation/PP/Rezone Sob No. 22-75 Page 1 of 2 Thence N 71 °29`32" W a distance of 21.25 feet to a point of curvature; Thence a distance of 55.64 feet along the arc of a 382.50 foot radius curve left, said curve having a central angle of 8°20'02" and a long chord bearing N 75°29'21" W a distance of 55.59 feet to a point on the westerly boundary of said NE 1/4; Thence leaving said centerline and along said boundary N 1°29'13" E a distance of 1587,78 feet to the POINT OF BEGINNING. This parcel contains 12.16 acres. Clinton W. Hansen, PLS Land Solutions, PC April, 24, 2023 LandSolutions Land Surveying anti Consulting Hevostila Site Eagle Annexation/PP/Rezone Job No. 22-75 Page 2 of 2 EXHIBIT "B" HEVOSTLLA SITE PROPOSED CITY OF EAGLE ANNEXATION, PRELIMINARY PLAT & REZONE LOCATED IN THE NE 1/4 OF SECTION 10, T. 4 N., R. 1 E., B.M., ADA COUNTY, IDAHO --- 2680.56 N89.44'42''W .E; �_ -�` ; c2 02. Cif I FARMERS UNION CANAL--' W I i PROPOSED RENE ,, ; COMMONS SUBDIVISON re a.. i I [ ( �pE. FLOATING FEATHER ROAD , S89'44'f5"E 2659.16' ,POINT OF I I BEGINNING ; �H ---\ -¢--t r I5 LJJThL±JJr 8 I t! c 1/4 0' 150' 300' 600' ME Wilt L SEE SHEET 2 OF 2 FOR LINE & CURVE DATA Lanc$,Solustiorts Land Surveying and Consulting 231 E 57H ST.. STE. A MERIDIAN, ID 83642 208),288-2040 (208)288-2557fax www. ianctsolutions:biz SHEET 1 OF 2 HEVOSTILASITE PROPOSED CITY OF EAGLE ANNEXATION, PRELIMINARY PLAT & REZONE LOCATED IN THE NE 1/4 OF SECTION 10, T. 4 N., R. 1 E., B.M., ADA COUNTY, IDA.HO CURVE TABLE CURVE # LENGTH RADIUS DELTA BEARING CHORD 01 129.61' 292.50' 25'23'17' N89'17'30"W 128.55' C2 163.65' 307.50' 3029'36" N86'44'21''W 161.73' C3 55.64' 382.50` 820'02" N75'29'21"W 55.59' LINE TABLE LINE # LENGTH DIRECTION L1 30.01' S89'44'15"E L2 250.81' S89'40`01"E L3 15.00' S0'44'22"W L4 228.15' 589'45'27"E L5 15.00' W1'11'0S"E L6 159.57' S89'45'27"E L7 38.07` 51'13'25'W. L8 2.64' $88°40'49°E L9 4.90' N75 47'27'W 1.10 57.83' N79'25'07"W L11 133.10' N75'58'01"W L12 124.13' S78'00'S1 "W L13 21,25' N71'29`32'W . --'"Land! Surveying and Consulting 231 E. 5T1-1 ST.. STE, A MERIDIAN, ID 83642 (208) 288-2040 (208) 268-2557 fax w w Iandsolutions biz SHEET 2 OF 2 "CE a(i 22-7i EXHIBIT "C" Legal Description City of Eagle Pathway Easements Proposed Hevostlla Estates Subdivision Easements being located in the NE % of Section 10, Township 4 North, Range 1 East, B.M., City of Eagle, Ada County, Idaho, and more particularly described as follows: EASEMENT A Commencing at a Brass Cap monument marking the northwest corner of said NE a of Section 10, from which a Brass Cap monument marking the northeast corner of said NE 'r'4 bears S 89°44'15 E a distance of 2659.16 feet; Thence along the westerly boundary of said NE % S 1'29'13" W a distance of 30.01 feet to the POINT OF BEGINNING; Thence leaving said boundary S 89°44'15" E a distance of 30.01 feet to a point; Thence S 1 °29'13" W a distance of 822.80 feet to a point; Thence N 89°40'01" W a distance of 10.00 feet to a point; Thence S 1'29'13" W a distance of 191.14 feet to a point; Thence a distance of 2.83 feet along the arc of a 176.00 foot radius non -tangent curve right, said curve having a central angle of 0°55'13" and a long chord bearing N 77°42'38" W a distance of 2.83 feet to a point; Thence N 77°15'01" W e distance of 17.56 feet to a point on said westerly boundary of the NE' ; Thence along said westerly boundary N 1 °29'13" E a distance of 1009.54 feet to the POINT OF BEGINNING. Said easement contains 28,465 square feet (0.653 acres) more or less and is subject to any other easements existing or in use. EASEMENT B Commencing at a Brass Cap monument marking the northwest corner of said NE % of Section 10, from which a Brass Cap monument marking the northeast corner of said NE % bears S 89°44'15 E a distance of 2659.16 feet; Thence along the westerly boundary of said NE % S 1 °29'13" W a distance of 1038.49 feet to a point; Thence leaving said boundary S 88°30'47" E a distance of 206.39 feet to the POINT OF BEGINNING; Thence N 80°11'21" E a distance of 35.10 feet, to a point of curvature; Landliolutions tand Surveying and t°nsu2Nng HevosttEa Estates Subdivision Pathway Easement Job No. 22-76 Page 1 of 4 Thence a distance of 29.96 feet along the arc of a 92.95 foot radius curve left, said curve having a central angle of 18°28'14" and a long chord bearing N 70°5T14" E a distance of 29.83 feet to a point of tangency; Thence N 61 °43'07" i•E a distance of 12.98, feet to a point of curvature; Thence a distance of 50.72 feet along the arc of a 48.71 foot radius curve right, said curve having a central angle of 59°39'34 and a long chord bearing S 88°27'06" E a distance of 48.46 feet to a point of tangency; Thence S 58°42'42" E a distance of 21.86 feet to a point of curvature; Thence a distance of 32.53 feet along the arc of a 43.65 foot radius curve left, said curve having a central angle of 42°42'15" and a long chord bearing S 80°0912" E a distance of 31.79 feet to a point of reverse curvature; Thence a distance of 35.03 feet along the arc of a 162.26 foot radius curve right, said curve having a central angle of 12°22'15 and a long chord bearing N 84°40'47" E a distance of 34.97 feet to a point of tangency; Thence S 89°06'14" E a distance of 79.87 feet to a point; Thence S 1 °02'04" W a distance of 20.00 feet to a point; Thence N 89°06'14" W a distance of 79.83 feet to a point of curvature; Thence a distance of 30.70 feet along the arc of a 142.21 foot radius curve left, said curve having a central angle of 12°22'15" and a long chord bearing S 84°40'40" W a distance of 30.65 feet to a point of reverse curvature; Thence a distance of 47.44 feet along the arc of a 63.65 foot radius curve right, said curve having a central angle of 42°42'15" and a long chord bearing N 80°09'12" W a distance of 46.35 feet to a point of tangency; Thence N 58°42'42" W a distance of 21.93 feet to a point of curvature; Thence a distance of 29.89 feet along the arc of a 28.71 foot radius curve left, said curve having a central angle of 59°39'34" and a long chord bearing 'N 88°27'06" W a distance of 28.56 feet to a point of tangency; Thence S 61 °43'07" W a distance of 12.98 feet to a point of curvature; Thence a distance of 36.41 feet along the arc of a 122.95 foot radius curve right, said curve having a central angle of 18°28'14" and a long chord bearing S 70°57'14" W a distance of 36.25 feet to a point of tangency; Thence S 80°11'21" V11 a distance of 33.29 feet to a point; Thence a distance of 20.22 feet along the arc of a 50.00 foot radius non -tangent curve left, said curve having a central angle of 23°10'10" and a long chord bearing N 14°58'52" W a distance of 20.08 feet to the POINT OF BEGINNING. LandSoiutions Lantz Sur2Ping. and C°n>v¢Ing. Hevostila Estates Subdivision Pathway Easement Job No. 22-76 Page 2 of 4 Said easement contains 5,892 square feet (0.135 acres) more or less and is subject to any other easements existing or in use. EASEMENT C Commencing at a Brass Cap monument marking the northwest corner or said NE % of Section 10, from which a Brass Cap monument marking the northeast corner of said NE % bears S 89°44'15 E a distance of 2659.16 feet; Thence along the westerly boundary of said NE 1/4 S 1 °29'13" W a distance of 1088.49 feet to the POINT OF BEGINNING; Thence leaving said westerly boundary S 77°15'01" E a distance of 8.00 feet to a point of curvature; Thence a distance of 12.33 feet along the arc of a 224,00 foot radius curve left, said curve having a central angle of 3°09'13" and a long chord bearing S 78°49'38" E a distance of 12.33 feet to a point; Thence S 1 °29'13" W a distance of 432.61 feet to a point; Thence N 88°30'47" W a distance of 20.00 feet to a point on said westerly boundary; Thence along said westerly' boundary N 1°29'13" E a distance of 436.25 feet to the POINT OF BEGINNING. Said easement contains 8687 square feet (0.199 acres) more or less and is subject to any other easements existing or in use: EASEMENT D Commencing at a Brass Cap monument marking the northwest corner of said NE'/4 of Section 10, from which a Brass Cap monument marking the northeast corner of said NE % bears S 89°44'15 E a distance of 2659.16 feet; Thence along the westerly boundary of said NE' S 1°29'13„ W a distance of 1524.74 feet to the POINT OF BEGINNING; Thence leaving said westerly boundary S 88°30'47" E a distance of 36.00 feet to a point; Thence S 1 °29'13n W a distance of 27.79 feet to a point; Thence S 74'49'48" 'E a distance of 69.54 feet to a paint; Thence S 81 °58'41 » E a distance of 42.99 feet to a point; Thence N 89°03'04" E a distance of 75.30 feet to a point; Thence N 79°02'16" E a distance of 130.27 feet to a point; Thence N 85°19'26" E a distance of 80.40 feet to a point; olutions �.. -.`-Land Swvaytng and Consuittng Hevostiia Estates Subdivision Pathway Easement Job No. 22-76 Page 3 of 4 Thence S 80°46'53n E a distance of 80.82 feet to a point; Thence S 76°06'08" E a distance of 172.17 feet to a point; Thence S 1 °02'04" W a distance of 38.17 feet to a point; Thence N 75°47'27" W a distance of 4.90 feet to a point; Thence N 79°25'07" W a distance of 57.83 feet to a point; Thence N 75°58'01" W a distance of 133.10 feet to a point of curvature; Thence a distance of 129.61 feet along the arc of a 292.50 foot radius curve left, said curve having a central angle of 25'23'17" and a long chord bearing N 89°17'30" W a distance of 128.55 feet to a point of tangency; Thence S 78°00'51" W a distance of 124.13 feet to a point of curvature; Thence a distance of 163.65 feet alongthe arc of a 307.50 foot radius curve right, said curve having a central angle of 30°29'36 and a long chord bearing N 86°44'21" W a distance of 161.73 feet to a point of tangency; Thence 'N 71 °29'32" W a distance of 21.25 feet to a point of curvature; Thence a distance of 55.64 feet along the arc of a 382.50 foot radius curve left, said curve having a central angle of 8°20'02" and a long chord bearing N 75°29'21" W a distance of 55.59 feet to a point on the westerly boundary of said NE Y4; Thence along said westerly boundary N 1°29'13" E a distance of 63,04 feet to the POINT OF BEGINNING. Said easement contains 29,471 square feet (0.677 acres) more or less and is subject to any other easements existing or in use. Clinton W. Hansen, PLS Land Solutions, PC December 9, 2024 • *lutions Land Surveying. and Consulting Hevastiia Estates Subdivision Pathway Easement Job No. 22-76 Page 4 of 4 EXHIBIT "D" CITY OF EAGLE PATHWAY EASEMENTS HEVOSTILA ESTATES SUBDIVISION LOCATED IN THE NE 1/4 OF SECTION 10, TOWNSHIP 4 NORTH, RANGE 1 EAST, S.M. CITY OF EAGLE, ADA COUNTY, IDAHO 9 10 BEGINNING POINT L2 EASEMENT A 28,465 SF/0.653 ACRES 1 / 4 2680.56' N89'44'42"W I L4 0' I 00' 200' L3 400' BASIS OF BEARING E. FLOATING FEATHER RO, S89.44.15”E 2659.16' LINE TABLE LINE LENGTH DIRECTION Ll 30.01' Si 29'13”W L2 30.01' S89'44'15°E L3 10.00' N89'40'01''W L4 17.56' N7715.01W CURVE TABLE CURVE LENGTH RADIUS DELTA BEARING CHORD Cl MS 176.00' O'55'13" N7T42'38'W 2.83' vikOZ3, 0$0 0'0 9sIP / 32 10 11 LandSoltstions Surveying and Consulting 231 E. 5TH ST , STE. A MERIDIAN, ID 63642 (208)288-2040 (208) 268-2557 fax SHEET 1 OF 3 www tancisalutions.biz ,a)6 K. 22-76 CITE OF EAGLE PATHWAY EASEMENTS HEVOSTILA ESTATES SUBDIVISION LOCATED IN THE NE 1/4 OF SECTION 10, TOWNSHIP 4 NORTH, RANGE 1 EAST, B.M. CITY OF EAGLE, ADA COUNTY, IDAHO 2680.56' N89'44'42"W 1/4 BASIS OF BEARING E FLOATING FEATHER RO, S89'4415"E 2659.16' / — fi1G1 BEGINNING POINT EASEMENT C 8687 SF/0.199 ACRES - �. N cry 1 1-0 GN BEGINNING POINT EASEMENT D 29,471 SF/0.677 ACRES f oQS'© NHS NONfit$yr° 1 I l8 L9 L i0 j S7 p6'48 L6 L7 03 41s, C2 5Tg4a51 �N75 8`Orw C13 iT2 ,.,+ \ LINE TABLE LINE LENGTH DIRECTION L1 8.00' S7715'01 "E L2 20.00' N88'30'47"W 1,3 36.00' S88'30'47"E L4 27.79' S1'29'13"W L5 69,54' S74'49'48"E L6 42.99' S81'58'41"E L7 75.30' N89'03'04"E L8 130.27' N79'02'16"E L9 80.40' N85'19'26"E L10 80.82' S80'46'53"E L11 38.17' S1'02'04"W L12 4.90' N75.47'27"W L13 57.83' N79'25'07"W L14 21.25' N71'29'32"W L15 63.04' N1'29'13"E CURVE TABLE CURVE LENGTH RADIUS DELTA BEARING CHORD Cl 12.33' 224.00' 3'09'13" S78'49'38"E 12.33' C2 129.61' 292.50' 25'23'17" N89'17'30"W 128.55' C3 163.65' 307.50' 30'29'36" N86'44'21"W 161.73' C4 55.64' 382.50' 8'20'02" N75'29'21 "W 55.59' LantISolutions Land Surveying and Consulting 231 E. 5TH ST. STE. fi MERIDIAN, ID 63642 (208) 288-2040 (208) 288-255' Fax SAP:Av lattCSQlUti.R. s.b z.. SHEET 3 OF 3 22-78