Easement - Eagle Lakes Development - 3/27/2019Project Name: Truman Cove Subdivision No. 1
ADA COUNTY RECORDER Phil McGrane
BOISE IDAHO Pgs=12 USA BATT
EAGLE CITY
2019-026060
04/0312019 09:43 AM
NO FEE
II1111IIIIII 11817111321111 II1 III I0190026060012012811111II I II III
0060
(Reserved for Ada County Recorder)
PERMANENT EASEMENT AGREEMENT
THIS PERMANENT EASEMENT AGREEMENT (the "Agreement"), made and
entered into this Al ' lay of lAkopr L L_) , 20 (9 , by and between TPC
BROOKLYN PARK INVESTORS, LLC, a Minnesota limited liability company,
hereinafter referred to as "GRANTOR", and CITY OF EAGLE, a body politic and
corporate of the State of Idaho, by and through its CITY COUNCIL, the "GRANTEE";
WITNESSETH:
FOR GOOD AND SUFFICIENT CONSIDERATION, IT IS AGREED:
SECTION 1. Recitals.
1.1 GRANTOR owns the real property located in Ada County, State of Idaho
as more particularly described on Exhibit "D" attached hereto and by this reference
made a part hereof (hereinafter the "Servient Estate").
1.2 GRANTEE is requiring GRANTOR to construct a Non -Motorized Public
Pathway on a portion of the Servient Estate which is legally described in Exhibits A
and B and depicted in Exhibit C which are attached hereto and incorporated herein by
this reference (the "Easement Area") and desires to obtain an Easement for that purpose
on, under, over and across the Easement Area. On the terms and conditions hereinafter
set forth, GRANTOR is willing to grant such easement to GRANTEE.
SECTION 2. Grant and Authorized Use; Use not Exclusive.
2.1 On the terms and conditions hereinafter set forth, GRANTOR hereby
grants to GRANTEE a perpetual, non-exclusive Easement in gross on, under, over and
across the Servient Estate for the following uses and purposes and no others:
Project Name: Truman Cove Subdivision No. 1
(a) the construction and placement of a Non -Motorized Public Pathway and
related improvements on the Servient Estate, and for the maintenance and repair
of such Non -Motorized Public Pathway, structures, and improvements.
2.2 The right to use the Easement Area is not exclusive. GRANTOR shall
have the right to use the Easement Area for all purposes as permitted by law, provided
that the same shall not substantially interfere with the use and enjoyment of the
Easement Area by GRANTEE for the purposes set forth in this Agreement. More
particularly, without limitation, GRANTOR retains the right to install signs within the
Easement Area (but not obstructing the pathway); to install grading, drainage and
landscaping improvements within the Easement Area; and to install underground
utilities (and associated surface manholes, valve -boxes, inlets and clean -outs) within
and under the Easement Area. Notwithstanding the foregoing, it is understood and
agreed that GRANTOR shall: (1) be responsible to repair or replace any portion of the
pathway improvements damaged or removed in the installation, maintenance, repair or
replacement of any improvements or utility facilities within the Easement Area; (2)
coordinate any closure of the pathway necessitated by construction of improvements by
GRANTOR within the Easement area; and (3) be responsible to keep the area safe
during any periods of construction or maintenance work being done within the Easement
Area.
2.3 This Agreement does not extend to GRANTEE the right to use the surface
of the Servient Estate to the exclusion of GRANTOR, and GRANTEE's rights under
this Agreement are subject to the rights of the GRANTOR and GRANTOR's guests,
invitees, agents and contractors to use and enjoy the surface of the Servient Estate
provided the structural integrity or use by the public of the Biking/Walking Pathway is
not compromised except as and under conditions set forth hereinabove.
SECTION 3. Construction and Installation.
The construction of the Non -Motorized Public Pathway on, under, over and
across the Servient Estate, and all costs and expenses related to the design, construction,
maintenance and repair of the Non -Motorized Public Pathway shall be the sole
responsibility and obligation of, and shall be paid by, GRANTOR.
SECTION 4. Maintenance
GRANTEE shall maintain the physical integrity of the Non -Motorized Public
Pathway in good condition and repair and as required to satisfy all requirements of
applicable laws, the policies of GRANTEE and sound engineering practices.
Project Name: Truman Cove Subdivision No. 1
SECTION 5. Compliance with the Law.
In its use of the Servient Estate, GRANTEE hereby covenants and agrees to
comply in all respects with any and all federal, state and local statutes, law, ordinances,
codes, policies, rules and regulations.
SECTION 6. Indemnification.
GRANTEE hereby indemnifies and saves and holds GRANTOR harmless from
and against any and all claims for loss, injury, death or damage, and reasonable
attorney's fees and costs that may be incurred by GRANTOR in defending such claims,
caused by or arising out of its construction of the Non -Motorized Public Pathway on
the Servient Estate, and any repair or maintenance thereof by or under the authority of
GRANTEE.
SECTION 7. Covenants Run with the Land.
This Agreement shall be a burden upon the Servient Estate and shall be
appurtenant to and for the benefit of the Dominant Estate, and shall run with the land.
SECTION 8. Exhibits.
All exhibits attached hereto and the recitals contained herein are incorporated
herein as if set forth in full herein.
SECTION 9. Successors and Assigns.
This Agreement, the permanent easement herein granted, and the covenants and
agreements herein contained shall inure to the benefit of and be binding upon the parties
hereto and their successors and assigns to the Servient and Dominant Estate.
SECTION 10. Recordation.
This Agreement shall be recorded in the Official Real Property Records of Ada
County, Idaho.
Project Name: Truman Cove Subdivision No. 1
SECTION 11. 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 Idaho shall have exclusive
jurisdiction and agree that Ada County is the proper venue.
IN WITNESS WHEREOF, the undersigned have caused this Agreement to be
executed the day, month and year first set forth above.
CITY OF EAGLE
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Stan Ridgeway, Mays* ° ` "'•
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ATTEST:
GRANTOR:
TPC BROOKLYN PARK INVESTORS,
LLC
By: TPC CS HOLDINGS, LLC
Its: Manager
B
aron Bergmann, Eagle Ci y Clerk C. eb Roope, Its Manager
Project Name: Truman Cove Subdivision No. 1
STATE OF IDAHO )
) ss.
County of ADA
On this (4 day of (UlgZ- , 20 lR , before the undersigned, a Notary
Public in and for the State of Idaho, personally appeared Caleb Roope, known or
identified to me to be the Manager of TPC CS Holdings, LLC, an Idaho limited liability
company, the Manager of TPC Brooklyn Park Investors, LLC, a Minnesota limited
liability company and the limited liability company who subscribed said company name
to the foregoing instrument, and acknowledged to me that he executed the same on behalf
of said company; and that such company executed the same in said company name.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official
seal the day and year in this certificate first a.ve writt
V
PETER VAN DORNE
COMMISSION #32357
NOTARY PUBLIC
STATE OF IDAHO
MY COMMISSION EXPIRES 08/01/2023 ,
STATE OF IDAHO )
SS.
County of Ada
On this J..i y of 1' IA,C0(0.
Notary Public for I ho
Residing at
My commission expires
Idaho
, 20 l q , before the undersigned notary public
in and for the said state, personally appeared Stan Ridgeway, known or identified to me to be the
Mayor of the City of Eagle and the person who executed the foregoing instrument on behalf of
said City and acknowledged to me that said City executed the same.
written.
IN WITNESS WHEREOF, I have hereunto set my hand and seal the day and year first above
SHERI HORTON
COMMISSION #38002
NOTARY PUBLIC
STATE OF IDAHO ,�,w
MY COMMISSION EXPIRES •
If‘
L �^
Notary Public for daho, + --�-p�
Residingat: N
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My Commission Expires: L-{ - ?'L1-
Sawtooth Land Surveying, LLC
_, Vli/ OCT/1 P: (208) 398-8104 F: (208) 398-8 105
2030 5. Washington Ave., Emmett, ID 836 17
November 29, 2018
EXHIBIT A
Non -Motorized Public Pathway Easement "A"
BASIS OF BEARINGS is S. 00°36'35" W. between a found aluminum cap marking the N1/4 corner of Section
15, T. 4 N., R. 1 E., B.M. and a found aluminum cap marking the S1/4 corner of said Section 15.
A parcel of land located in the E1/2 of the W1/2 of Section 15, Township 4 North, Range 1 East, Boise Meridian,
Eagle, Ada County, Idaho, more particularly described as follows:
COMMENCING at a found mag nail marking the NE corner of the SW1/4 of said Section 15 (C1/4 corner);
Thence N. 00°36'35" E., coincident with the east line of the W1/2 of said Section 15, a distance of 273.14 feet to
the southerly right of way of State Highway 44 and the beginning of a non -tangent curve left, having a radius of
3740.00 feet;
Thence leaving said east line of the W1/2 and coincident with said southerly right of way, a distance of 133.93
feet along the arc of said curve, through a central angle of 2°03'06", subtended by a chord bearing
N. 75°36'14" W., 133.92 feet to the POINT OF BEGINNING;
Thence leaving said southerly right of way, S. 14°57'12" E., 56.26 feet;
Thence S. 30°02'48" W., 51.58 feet;
Thence N. 61°01'48" W., 14.00 feet;
Thence N. 30°02'48" E., 34.06 feet to the beginning of a curve left having a radius of 33.00 feet;
Thence 61.65 feet along the arc of said curve, through a central angle of 107°02126", subtended by a chord
bearing N. 23°28'25" W., 53.07 feet to the beginning of a compound curve let having a radius of 3720.00 feet;
Thence, parallel with said southerly right of way of State Highway 44, a distance of 54.34 feet along the arc of
said curve, through a central angle of 0°50'13", subtended by a chord bearing N. 77°24'44" W., 54.34 feet;
Thence N. 77°49'51" W., parallel with said southerly right of way, a distance of 562.27 feet to the beginning of a
curve right, having a radius of 3919.72 feet;
Thence parallel with said southerly right of way, a distance of 424.55 feet along the arc of said curve, through a
central angle of 6°12'21", subtended by a chord bearing N. 74°43'41" W., 424.35 feet;
Thence N. 71°37'30" W., parallel with said southerly right of way, a distance of 140.44 feet;
Thence N. 00°31'34" E., parallel with the west line of said E1/2 of the W1/2 of Section 15, a distance of 21.01
feet to said southerly right of way;
Thence along said southerly right of way the following courses and distances:
Thence S. 71°37'30" E., 146.88 feet to the beginning of a curve left, having a radius of 3899.72 feet;
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Thence 422.39 feet along the arc of said curve, through a central angle of 6°12'21", subtended by a chord
bearing S. 74°43'41" E., 422.18 feet;
Thence S. 77°49'51" E., 562.27 feet to the beginning of a curve right, having a radius of 3740.00 feet;
Thence 78.40 feet along the arc of said curve, through a central angle of 1°12'04", subtended by a chord bearing
S. 77°13'49" E., 78.40 feet to the POINT OF BEGINNING.
Said easement contains 0.584 acres, more or less.
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LA& Sawtooth Land Surveying, LLC
April 21, 2017
P: (208) 395-5104 F: (208) 398-8 i 05
2030 S. Washington Ave.. Emmett. ID 83617
EXHIBIT B
Non -Motorized Public Pathway Easement "B"
BASIS OF BEARINGS is S. 00°36'35" W. between a found aluminum cap marking the N1/4 corner of Section
15, T. 4 N., R. 1 E., B.M. and a found aluminum cap marking the 51/4 corner of said Section 15.
A parcel of land located in the E1/2 of the W1/2 of Section 15, Township 4 North, Range 1 East, Boise Meridian,
Eagle, Ada County, Idaho, more particularly described as follows:
COMMENCING at a found mag nail marking the NE corner of the SW1/4 of said Section 15 (C1/4 corner);
Thence N. 00°36'35" E., coincident with the east line of the W1/2 of said Section 15, a distance of 229.33 feet to
the POINT OF BEGINNING and the beginning of a non -tangent curve left, having a radius of 33.00 feet;
Thence leaving said east line of the W1/2, a distance of 32.40 feet along the arc of said curve, through a central
angle of 56°15'13", subtended by a chord bearing S. 54°59'25" W., 31.11 feet;
Thence S. 26°51'49" W., 56.03 feet;
Thence N. 63°08'11" W., 14.00 feet;
Thence N. 26°51'49" E., 56.03 feet to the beginning of a curve right, having a radius of 47.00 feet;
Thence 47.98 feet along the arc of said curve, through a central angle of 58°29'35", subtended by a chord
bearing N. 56°06'36" E., 45.93 feet to said east line of the W1/2 of Section 15;
Thence S. 00°36'35" W., coincident with said east line, a distance of 14.08 feet to the POINT OF BEGINNING.
Said easement contains 0.031 acres, more or less.
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B.docx
11
ANCONA PARK SUBDIVISION
j-.. s, las&
409.442,
Yin•
STA MG 41,4fIVAY
_ I TABU
BEARING DISTANCE
L1 N 14.5712' W
1.2 N 30122'48'E 5158'
LLL�_ $161'0148' E 14.00
L4 N 30°02'48' E 34.06'
LS N 00'3134' £ 21.01'
1.6 N 265149' E 56.03'
L7 5 63906'11' E 14.00'
LB N16.5149'E
L9 N 00•36-3. E 14.08'
V. Sf4rt.
14/(:
HWAr 44
1/4 CORNER
CPMF 011309/517 10
I 15
BEGINNING
\ ` - --
S
_ F
1R/tF (25
6; s
,
1 r
CURVE
ARC LENGTH651
RADIUS
O8.74,1G°
N 23 8"15' YN
CHORDG
Cl
61.65'
33.00' 10
53.0 .
C2
5434'
3720.00'
0.50'13'
N 77'2444' W
54.34'
i
424. )
3919.7"
6.12'21'
5 74'43'41' E
424.35'
C`�
422.39'
m99.77'
6°1271'
5 74.43'41' E
422.18'
C5
78.40'
3740.00'
1.12'4'
1977.1349' W
78.40'
C6
13193'
3740.00
2°0.3'16'
N 75'36'14' W
133.92'
C7
32.40'
33.00'
56'13'13'
N 54'59'25" E
31.11'
C8
47.98'
47.00'
58'2935'
N ' E
45.93'
N 89"4326' W
PROJECT:
EAGLE LAKES NON -MOTORIZED
PUBLIC PATHWAY EASEMENT
EXHIBIT "C"
E1/2 W1/2, SECTION 15
T. 4 N., R. 1 E., B.M.
1321.79'
OWNER/DEVELOPER:
RENNISON ENGINEERING
PO Box 1001
Eagle, ID 83616
(208) 938-2440
11/29/2018
POINT OF
BEGINNING
n
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ti
2030 S. WASHINGTON AVE. DWG u
EMMb I I, ID 83617 16141 -PATH
P: (208) 398-8104 PROJECr#
F: (208) 398-8105 16141
STOOTfi
Land 5uivcyiq, LLC WWW. SA WTOOTHLS. COM
SHEET
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Sawtooth Land Surveying, LLC
P: (208) 398-8104 F: (205) 395-8105
2030 5. Washington Ave.. Emmett, ID 536 7
December 19, 2016
Parcel A Description
Lc v *c A Lc ---1
BASIS OF BEARINGS is S. 0°36'35" W. between a found aluminum cap marking the N1/4
corner of Section 15, T. 4 N., R. 1 E., B.M. and a found aluminum cap marking the S1/4 corner
of said Section 15.
A parcel of land located in the E1/2 of the W1/2 of Section 15, Township 4 North, Range 1
East, Boise Meridian, Eagle, Ada County, Idaho, more particularly described as follows:
COMMENCING at a found aluminum cap marking the N1/4 corner of said Section 15;
Thence along the easterly boundary of the W1/2 of said Section 15, 5. 0°36'35" W., 2370.92
feet to the southerly right of way of State Highway 44 and the POINT OF BEGINNING said
point referenced N. 70°39'00" W., 2.70 feet with an aluminum cap stamped PLS 8023;
Thence continuing along said easterly boundary, S. 0°36'35" W., 239.46 feet to a 5/8 inch
rebar with cap PLS 11574;
Thence leaving said easterly boundary, N. 63°08'11" W., 188.39 feet to a 5/8 inch rebar with
cap PLS 11574 marking the beginning of a curve right having a radius of 554.00 feet;
Thence 78.34 feet along the arc of said curve through a central angle of 8°06'09", subtended
by a chord which bears N. 59°05'06" W., 78.28 feet to a 5/8 inch rebar with cap PLS 11574;
Thence N. 55°02'02 W., 112.20 feet to a 5/8 inch rebar with cap PLS 11574 marking the
beginning of a curve left having a radius of 246.00 feet;
Thence 97.88 feet along the arc of said curve, through a central angle of 22°47'49",
subtended by a chord bearing N. 66°25'56" W., 97.23 feet to a 5/8 inch rebar with cap PLS
11574;
Thence parallel with the southerly right of way of said State Highway 44, N. 77°49'51" W.,
229.42 feet to a 5/8 inch rebar with cap PLS 11574;
Thence N. 15°25'12" E., 29.05 feet to a 5/8 inch rebar with cap PLS 11574;
Thence parallel with the southerly right of way of said state Highway 44, N. 77°49'51" W.,
182.81 feet to a 5/8 inch rebar with cap PLS 11574 marking the beginning of a curve left
having a radius of 275.00 feet;
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Thence 279.06 feet along the arc of said curve, through a central angle of 58°0832",
subtended by a chord bearing S. 73°05'53" W., 267.24 feet to a 5/8 inch rebar with cap PLS
11574;
Thence S. 44°01'37" W, 151.83 feet to a 5/8 inch rebar with cap PLS 11574 marking the
beginning of a curve right having a radius of 325.00 feet;
Thence 111.89 feet along the arc of said curve, through a central angle of 19°43'35",
subtended by a chord bearing S. 53°53'24" W., 111.34 feet to a 5/8 inch rebar with cap PLS
11574 marking the beginning of a reverse curve left having a radius of 28.00 feet;
Thence 34.06 feet along the arc of said curve, through a central angle of 69°41'54",
subtended by a chord bearing 5. 28°54'15" W., 32.00 feet to a 5/8 inch rebar with cap PLS
11574 marking the beginning of a reverse curve right having a radius of 320.00 feet;
Thence 37.13 feet along the arc of said curve, through a central angle of 6°38'55", subtended
by a chord bearing S. 2°37'15" E., 37.11 feet to a 5/8 inch rebar with cap PLS 11574;
Thence parallel with the west boundary of the E1/2 of the SW1/4 of said Section 15,
S. 0°42'12" W., 54.49 feet to a 5/8 inch rebar with cap PLS 11574 marking the beginning of a
curve left having a radius of 15.00 feet;
Thence 22.89 feet along the arc of said curve, through a central angle of 87°26'01",
subtended by a chord bearing S. 43°00'48" E., 20.73 feet to a 5/8 inch rebar with cap PLS
11574 marking the beginning of a reverse curve right having a radius of 52.00 feet;
Thence 161.03 feet along the arc of said curve, through a central angle of 177°26'01",
subtended by a chord bearing 5. 1°59'12" W., 103.97 feet to a 5/8 inch rebar with cap PLS
11574 ;
Thence N. 89°17'48" W., 57.00 feet to a 5/8 inch rebar with cap PLS 11574 on the west line of
said E1/2 of the SW1/4;
Thence coincident with said west line, N. 0°42'12" E., 119.69 to a 5/8 inch rebar with cap PLS
11574 marking the NW comer of said E1/2 of the SW1/4 (CW1/16 corner);
Thence coincident with the west line of the E1/2 of the NW1/4 of said Section 15, N. 0°3134"
E., 599.00 feet to a 5/8 inch rebar with no cap marking a point on the southerly right of way
of said State Highway 44;
Thence coincident with the southerly line of said State Highway 44 the following courses and
distances:
Thence S. 71°3730" E., 164.48 feet to an aluminum cap stamped PLS 8023 marking the
beginning of a curve left having a radius of 3899.72 feet;
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Thence 422.39 feet along the arc of said curve, through a central angle of 6°12'21",
subtended by a chord bearing S. 74°43'41" E., 422.18 feet to an aluminum cap stamped PLS
8023;
Thence S. 77°49'51" E., 562.27 feet to an aluminum cap stamped PLS 8023 marking the
beginning of a curve right having a radius of 3740.00 feet;
Thence 212.33 feet along the arc of said curve, through a central angle of 3°15'10",
subtended by a chord bearing S. 76°12'16" E., 212.31 feet to the POINT OF BEGINNING.
Said Parcel A contains 5.84 acres, more or less.
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