Easement - Richmond American Homes of Idaho, Inc. - 2025 - Hevostila Sub - Hevostila Pathway Easement BADA COUNTY RECORDER Trent Tripple
BOISE IDAHO Pgs=13 ANGIE STEELE
CITY OF EAGLE, IDAHO
2025-004046
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 I' o v , 20.7, , 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 intersectionof 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 an easement over and across a certain portion of the
Subject Property for public pathway easement.
1.3 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.
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 teinis and conditions hereinafter set forth, hereby grants and
conveys unto the Grantee, its successors and assigns public pathway easement over and across that
portion of the Subject Property described as "Easement B" within Exhibit "C", and generally
as shown as "Easement B" on Exhibit "D" attached hereto, ("Easement").
2.2 The Grantee may connect, or continue within this easement, public pathways as part
of future system expansion, and may authorize staff, contractors, or neighboring developers to
facilitate such improvements within this easement from any boundary to another public pathway
easement or easements, or to parcels included in any public access agreement.
2.3 The Easement shall he permanent and perpetual, unless Grantee agrees in writing to
its termination, or it is otherwise abandoned or vacated by the Grantee.
2.4 Grantee, its agents, employees, contractors, and assigns, may traverse said Easement
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 Easement.
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 of the Grantee.
2.6 Upon completion of its installation of a pathway within the Easement, and any
subsequent construction or maintenance activity conducted therein by the Grantee, the Grantee
shall inirnediately repair, restore, and revegetate all disturbed surface areas in a m.ann.er
consistent with conditions existing prior to the disturbance, all to the reasonable satisfaction of
the Grantor.
2.7 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.
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 County,
Idaho,
SECTION 4. Governing Law. Jurisdiction, and Venue.
This Agreement shall be construed and interpreted in accordance with the laws af the State
of :Idaho. The parties agree that the courts of Idaho shall have exclusive jurisdiction and agree that
Ada County is the proper venue.
EASEMENT 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 ID HO, INC.
By:
Steve Miller, President
"GRANTEE"
CITY OF EAGLE
By:
ATTEST:
ef
/11
Bye,::;
Tracy E. born, City Clerk
EASEMENT AGREEMENT - 3
STATE OF IDAHO )
ss.
County of Ada )
On this IIday of ('� , 20 L, before me, a Notary Public for said
State, personally appeared STEVE 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.
STATE OF IDAHO
County of Ada
)
)ss.
s..* \p.e.e Ot ••f'V��+B 2 M
.l7 + e'I.1OTARY 41 NO Y PUBLIC FOR IDAHO
:Residing at Ek0111.,
s
. UB LtC(, My commission expires t
,i f,.°• fh. Nn_ 5.,— O +4:
•
s•'`:i 'OFtg os
On this � day of a co" <' , 20'2 before me, a Notary Public, in and for said
County and State, personally appeared BR D 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 my hand and affixed my official seal the day
and year in this certificate first above written.
o008Stitgt:44
we`00$14 eCeSEN.aB4,o
•
"ZyOTARyuYPUB CFORIDAHO
p :Residing at: A
My commission expires: '1
tP No 51 �� ®,tee
Ie,•,,4 %1� OF 1 1'
EASEMENT AGREEMENT - 4
EXHIBIT "A"
Legal Description
Hevostila Site
Proposed City of Eagle Annexation, Preliminary Plat & Rezone
A parcel being located in the NE'/a 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 '/4 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 NE'/4 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°44'21" W a
distance of 161.73 feet to a point of tangency;
Neuasfila Site,
dSolUtiOnS Eagle Annexation/PP/Rezone
Job No. 22-75
Page 1 of 2
Surveying and Consulting
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
LantiSolutIons
Land Surveying. and Cansukiny
Hevasti a Site
Eagre Annexation/PP/Rezone
Job No. 22-75
Page 2 of 2
EXHIBIT "B"
HEVOSTILA 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
268O:S6'—''
10 N89 44`42 W ..
E. FLOATING FEATHER ROAD
589'44'15"E 2659,16'
f
POINT OF
BEGINNING
1.12
Cl Li
CL FARMERS UNION CANAL ---
PROPOSED RENE
COMMONS SUBDIVISION
Tsi
C 1/4
0' 150' 300'
600'
Ell MEI
SEE SHEET 2 OF 2 FOR LINE & CURVE DATA
nOSOlUtiOnS
Land Surveying and Consulting
a3^r E. STH ST.. STE. A
MERIDIAN. 10 83642
i2081 288 2040 (200 286-2657fax
www!fandsCEutiortS. b1Z
SHEET 1 OF 2
AS ND.. 22-76
EVOSTI LA SITE
PROPOSED CITY OF EAGLE ANNEXATION, PRELIMINARY PLAT & REZONE
LOCATED IN THE NE 114 OF SECTION 10, T. 4 N., R. 1 E., Q.M., ADA COUNTY, IDAHO
CURVE TABLE
CURVE #
LENGTH
RADIUS
> DELTA
BEARING
CHORD
C1
129.61'
292.50'
25'23'17"
N8917'30"W
128.55'
C2
163.65'
307.50'
30'29'36"
N86'44'21°W
161.73'
C3
55.64'
382.50'
8'20'02"
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'
S89'45'27''E
L5
15.00'
N1'11'05"E
L6
159.57'
S89'45'27"E
L7
38.07'
S1'13'25"W
L8
2.64'
S88'40'49"E
L9
4.90'
N75'47'27"W
L10
57.83'
N79'25'07' W
L11
133.10'
N75'58'01 "W
L12
124.13'
578'00'51 "W
L13
21.25'
N71'29'32"W
Land Surveying and Consulting
231 E. 5TH ST.. STE. A
MERIDIAN, ID 83642
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SHEET 2 OF 2
22-7K'
EXHIBIT "C"
Legal Description
City of Eagle Pathway Easements
Proposed hievostila 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 '/4 of Section
10, from which a Brass Cap monument marking the northeast corner of said NE '/4 bears
S 89°44'15 E a distance of 2659.16 feet;
Thence along the westerly boundary of said NE Y4 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 a distance of 17.56 feet to a point on said westerly boundary of the NE Y4;
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 (0653 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 comer of said NE Y4 bears
S 89°44'15 E a distance of 2659.16 feet;
Thence along the westerly boundary of said NE /a S 1 °29'13' W a distance of 1038.49 feet to a
point;
Thence leaving said boundary S 88°30'47" E a d
BEGINNING;
istance of 206.39 feet to the POINT OF
Thence N 80°11'21" E a distance of 35.10 feet to a point of curvature;
LandSolutions
,�.. Land Surveying and Consulting
Hevostiia Estates Subdivision
Pathway Easement
Job No, 22-76
Pagel of 4
Thence a distance of 29.96 feet along the arc of a 92.95 foot radius curve left, said curve having
a centralangleof 18°28'14" and a long chord bearing N 70°57'14 E a distance of 29.83 feet to a
point of tangency,
Thence N 61 °43'07" 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 8 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°09'12" 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" W 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.
Land Surveying and Consulting
Hevastila 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 of said NE % of Section
10, from which a Brass Cap monument marking the northeast corner of said NE'/4 bears
S 89°44' 1 5 E a distance of 2659.16 feet;
Thence along the westerly boundary of said NE'r`a 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 % 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 1h S 1°29'13" W a distance of 1524.74 feet to
the POINT OF 13EGINNING
Thence leaving said westerly boundary S 88°30'47" E a distance of 36.00 feet to a point;
Thence S 1°29'13" W a distance of 27.79 feet to a point;
Thence S 74°49'48" E a distance of 69.54 feet to a point;
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;
otitis
_�...- Land Surveying and Consulting
Hevostila Estates Subdivision
Pathway Easement
Job No. 22-76
Page 3 of 4
Thence S 80°46'53" 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°2317" and a long chord bearing N 89°17'3W 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 centralangle 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 'Aa;
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 VV. Hansen, PLS
Land Solutions, PC
December 9, 2024
LandS)olutions
,�. "Lana Surveytrtg. an*Comutang
Hevostifa Estates Subdivision
Pathway Easement
Job No. 22-76
Page 4of4
EXHIBIT "D"
CITY OF EAGLE PATHWAY EASEMENTS
HEVOSTILA ESTATES SUBDIVISION
LOCATED IN THE NE 114 OF SECTION 10, TOWNSHIP 4 NORTH, RANGE 1 EAST, B.M.
CITY OF EAGLE, ADA COUNTY, IDAHO
4
0'
BASIS OF BEARING
N89'44'42"W 1%4 E. FLOATING FEA1HER RD. 889'44'15"E
2680.56'
2659.16'
75'
csa-
0)
CV
VT
150'
O (`
Ll
5,892 SF/0.135 ACRES
BEGINNING POINT
EASEMENT B
1. C2
__�(�C3 C4 L4 I
S88'30'47"E 206 39" w) 9 G i C6C5 L6`-I
300'
1111.
t
32
10 11
LINE TABLE
LINE #
LENGTH
DIRECTION
Li
35.10'
N80'11'21"E
L2
12.98'
N61'43'07"E
L3
21.86'
858'42'42"E
L4
79.87'
S89'06`14"E
L5
20.00'
S1'02'04"W
L6
79.83'
N89'06'14"W
L7
21.93'
N58'42'42"W
L8
12.98'
961'43'07"W
L9
33.29'
S80'11'21"W
CURVE TABLE
CURVE #
LENGTH
RADIUS
DELTA
BEARING
CHORD
CI
29.96'
92.95'
18'28'14"
N70'57'14"E
29,83'
C2
50.72'
48.71'
59'39'34"
S88'27'06"E
48.46'
C3
32.53'
43.65'
42'42'15"
580'09'12"E
31,79'
C4
35,03'
162.26'
12'22'15"
N8440'47"E
34.97'
C5
30.70'
142.21'
12'22'15"
S84'40'40"W
30.65'
C6
47.44'
63.65'
42'42'15"
N80'09'12"W
46.35'
C7
29.89'
28,71'
5919'34"
N88'27'06"W
28.56'
C8
36.41'
112.95'
18'28'14"
570'57'14"W
36.25'
C9
20.22'
50.00'
23'10'10"
N14'58'52"W
20.08'
Lan Solutions
l ` Land Surveying and Consulting
231 E. 5TH Si' STE A
MEREE3iAN. E11 83642
R208) 258-2040 (208) 288.2557 fax
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