Easement - Woodcreek Subdivision - 3/13/2019ADA COUNTY RECORDER Phil McGrane
BOISE IDAHO Pgs=9 LISA BATT
EAGLE CITY
2019-026067
04103/2019 09:44 AM
NO FEE
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EASEMENT AGREEMENT
THIS GRANT OF EASEMENT ("Easement) is entered into
rnihe chi /.3 , 2019 by, SMKM LLC, an Idaho limited liability company ("Grantor")
and the City of Eagle, whose address is 660 E. Civic Lane, Eagle, Idaho 83616 ("Grantee")
A.
B.
C.
RECITALS
Grantor is the owner of certain real property depicted as Parcel A on
Exhibit A attached hereto and incorporated herein and more particularly
described on Exhibit B attached hereto and incorporated herein ("Parcel
A")
Grantor is also the owner of certain real property depicted as Parcel B on
Exhibit A and more particularly described on Exhibit C attached hereto
and incorporated herein ("Parcel B")
Grantee as a condition of approving a subdivision of Parcel A has required
that Grantor grant a 25 foot wide easement across a portion of Parcel B
cross hatched and labelled "Pathway Easement" on Exhibit A and more
particularly described on Exhibit D attached hereto and incorporated
herein ("Potential Easement Area").
Now in and for valuable consideration, the parties agree as follows.
AGREEMENT
1. Condition Precedent. It shall be an express condition precedent to the efficacy of this
Easement, that Grantor obtains all necessary governmental approvals, including building
permits and final plat approvals, to subdivide Parcel A on terms and conditions
acceptable to Grantor. In the event Grantor, determines the foregoing condition has not
been satisfied, Grantor may terminate this Easement upon written notice to Grantee. In
such event Grantee agrees to execute a recordable document terminating this Easement.
2. Easement. Subject to the foregoing condition precedent, Grantor grants to Grantee a 25
foot wide easement running east and west across the Potential Easement Area for a public
pathway for pedestrian and non -motorized traffic (and the right to construct and maintain
GRANT OF EASEMENT - PAGE 1
55555.0581.11404472.1
the same). Prior to construction of a pathway, Grantee shall select a location for the 25
foot wide easement in the Potential Easement Area, and upon such selection, an
amendment to this Easement shall be executed by Grantor and Grantee, and recorded in
Ada County, limiting the easement to the 25 foot wide area ("Final Easement Area")
specified by Grantee . Grantee in the selection of the Final Easement Area location shall
use reasonable efforts to locate the Final Easement Area as close to the northern
boundary of the Potential Easement Area as is practical. Grantor reserves, for the benefit
of the balance of Parcel B, the right to cross the Final Easement Area with motorized
vehicles and equipment to access and maintain the portion of Parcel B not subject to the
Final Easement Area. The easement granted herein shall not be utilized by the public
until such time as a pathway is constructed and is connected to pathways generally to the
east and south (or west) of the Potential Easement Area.
3. Fences. Either Grantor or Grantee may erect fences along the boundary of the Final
Easement Area, but in the event Grantee constructs a fence, it shall provide gates to
provide access to Grantor to and across the Final Easement Area for the rights of access
reserved by Grantor set forth above, in locations reasonably specified by Grantor. If
Grantor constructs such a fence it shall have the right to install gates to permit access to
and across the Final Easement Area for the rights of access reserved by Grantor. Grantor
shall have the right to lock such gates to prevent the public from accessing that portion of
Parcel B not encumbered by the Final Easement Area.
4. Maintenance. Once the pathway is constructed, Grantee shall maintain the pathway and
shall be responsible for maintaining any landscaping on those portions of the Final
Easement Area which are not developed as a pathway, and in the absence of landscaping
shall keep the Final Easement Area weed free and mowed. Grantor shall have no
obligation to maintain the Final Easement Area.
5. Indemnity. Grantee agrees to indemnify, defend and hold harmless Grantor for any and
all claims related to Grantee, or the public's use of the Final Easement Area.
IN WITNESS WHEREOF, the parties have executed this Easement effective as of the
date first set forth above.
GRANT OF EASEMENT - PAGE 2
55555.0581.11404472.1
GRANTOR:
SMKM LLC, an Idaho limited liability company
Shaun Greear, Member
ACKNOWLEDGEMENT
State of Idaho )
)ss.
County of //�(., )
On this the -day of / P40,4 2019, efore me, the undersigned
Notary Public in and for said state, pers'inally appeared k///i t' �v�-K , who is a member
of SMKM LLC, an Idaho limited liability company, entity name that is subscribed to the
within and foregoing instrument and has acknowledged to me that he/she executed the same on
behalf of said entity.
ROSANNA C WALKER
COMMISSION #59809
NOTARY PUBLIC
STATE OF IDAHO
Commission Expires: WWJA-'7
GRANT OF EASEMENT - PAGE 3
Notary Pu >c
Residing
55555.0581.11404472.1
GRANTEE:
CITY OF EAGLE
/4r
Stan Ridgeway, Mayor
ATTEST:
Sharon K. Bergmann, City Clerk
STATE OF IDAHO )
:ss.
County of Ada )
On this f.9 day of /' //li d; , 2019, 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.
IN WITNESS WHEREOF, I have hereunto set my hand and seal the day and year first
above written.
TRACY E. OSBORN
COMMISSION #27120
NOTARY PUBLIC
STATE OF IDAHO /
MY COMMISSION EXPIRES
GRANT OF EASEMENT - PAGE 4
Notary Pu c ;' Idaho /_
Residing at I i A/4
My Commission Expires: (/
5 555 5.0581 11404472.1
DOWNING DOWNS
SUBDIVISION No.2
1 2 3
POINT OF
BEGINNING
N86'53'35'W
233.99'
4
589'14'09'T
5
DOWNING DOWNS
SUBDIVISION
17
18
893.57'
rr-
PATHWAY EASEMENT
/lL
N032' 1.3' 12' w 384
.ig•
N00'53'09"E 71.47
CENTERLINE DRY
U N P L A i T 7. D
""J"a .W..I+c.
20
BLK 1
S 10'23'47"E
68.23' 19
BLK 1
S24'47' 13'W 99 19'
CLEAR CREEK CROSSING
SUBDIVISION
3
18
BLK 1 i 1" = 150'
CENTERLINE ORY
CRUK CANAL
4
2
8LK 4
PARCEL B
ROS No.
11528
PARCEL 2
ROS No.
11413
5�6
PARCEL A
ROS No.
11528
�~IW >
50' WIDE INGRESS/EGRESS Iia I
& -C'-WAY PER I W
INST. No. 2010-019776 - m I+
!V
EXHIBIT'B"
PATHWAY EASEMENT
W00DGREEK PARCEL DIVISION
SUM. ILC
1
2
3
4
ONCE UPON A SUBDNISION
GRANT OF EASEMENT - PAGE 5
55555 0581.1 1404472.1
Exhibit B
Legal Description of Parcel A
That portion of Parcel A according to Record of Survey No. 11007 recorded under
Instrument No. 2017-072173, Ada County Records, located in the East Half of Section
8, Township 4 North, Range 1 East, Boise Meridian, in the City of Eagle, Ada County
Idaho, particularly described as follows:
Commencing at the east quarter corner of said Section 8, from which the center quarter
corner of said Section 8 bears N 89° 20' 31" W, 2661.13 feet; Thence, along the east -
west mid-section line of said Section 8, N 89° 20' 31" W, 1331.10 feet to the east line of
said Parcel A; Thence, along said east line, S 00° 58' 45" W, 16.74 feet to the POINT
OF BEGINNING;
Thence, along the south line of said Parcel A, N 88°33'16" W, 256.37 feet;
Thence, departing from said south line along the following twenty (20) courses:
N 05° 42' 14" E, 178.99 feet;
Thence, N 88° 06' 49" W, 76.77 feet;
Thence, N 79° 34' 16" W, 64.88 feet;
Thence, S 38° 10' 29" W, 204.90 feet;
Thence, N 88°33'16" W, 176.66 feet;
Thence, N 44°21'28" E, 220.72 feet;
Thence, N 52°27'14" E, 102.93 feet;
Thence, N 42°53'59" E, 7.72 feet;
Thence, S 47°06'01" E, 45.00 feet;
Thence, N 42°53'59" E, 60.00 feet;
Thence, N 47°06'01" W, 45.00 feet;
Thence, N 42°53'59" E, 10.00 feet;
Thence, N 04°04'49" E, 95.59 feet;
Thence, N 30°07'31" E, 66.89 feet;
Thence, S 81°30'32" E, 82.64 feet;
Thence, S 64°49'59" E, 45.85 feet;
Thence, N 25°30'20" E, 34.85 feet to the centerline of the Dry Creek Canal;
Thence, along the centerline of said Canal, S 65° 06' 54" E, 243.79 feet;
Thence, departing from said centerline and along the east line of said
Parcel A, S 00° 58' 45" W, 370.13 feet to the POINT OF
BEGINNING, containing 175,684 square feet or
4.03 acres, more or Tess.
GRANT OF EASEMENT - PAGE 6
55555.0581.11404472.1
Exhibit C
Legal Description of Parcel B
That portion of Parcel A according to Record of Survey No. 11007 recorded under
Instrument No. 2017-072173, Ada County Records, located in the East Half of Section
8, Township 4 North, Range 1 East, Boise Meridian, in the City of Eagle, Ada County
Idaho, particularly described as follows:
Commencing at the east quarter corner of said Section 8, from which the center quarter
corner of said Section 8 bears N 89° 20' 31" W, 2661.13 feet; Thence, along the east -
west mid-section line of said Section 8, N 89° 20' 31" W, 1331.10 feet to the east line of
said Parcel A; Thence, along said east line, S 00° 58' 45" W, 16.74 feet; Thence, along
the south line of said Parcel A, N 88°33'16" W, 506.46 feet to the POINT OF
BEGINNING;
Thence, continuing along said south line, N 88°33'16" W, 338.95 feet;
Thence, along the westerly and southwesterly lines of said Parcel A the following four
(4) courses:
N 00° 57' 33" E, 551.99 feet;
Thence, N 82° 31' 35" W, 253.19 feet;
Thence, N 86° 53' 35" W, 233.99 feet;
Thence, N 00° 53' 09" E, 71.47 feet;
Thence, along the north line of said Parcel A, S 89° 14' 09" E, 893.57 feet to the
centerline of Dry Creek;
Thence, along said centerline, S 24° 47' 13" W, 99.19 feet;
Thence, continuing along said centerline, S 10° 23' 47" E, 68.23 feet to the centerline
intersection of Dry Creek and the Dry Creek Canal;
Thence, along the centerline of said Canal, N 89° 13' 13" E, 19.00 feet;
Thence, continuing along said centerline, S 81° 08' 47" E, 177.00 feet;
Thence, continuing along said centerline, S 65° 06' 54" E, 51.31 feet;
Thence, departing from said centerline along the following fourteen (14) courses:
S 25° 30' 20" W, 34.85 feet;
Thence, N 64° 49' 59" W, 45.85 feet;
Thence, N 81° 30' 32" W, 82.64 feet;
Thence, S 30° 07' 31" W, 66.89 feet;
Thence, S 04° 04' 49" W, 95.59 feet;
Thence, S 42° 53' 59" W, 10.00 feet;
Thence, S 47° 06' 01" E, 45.00 feet;
Thence, S 42° 53' 59" W, 60.00 feet;
Thence, N 47° 06' 01" W, 45.00 feet;
Thence, S 42° 53' 59" W, 7.72 feet;
Thence, S 52° 27' 14" W, 102.93 feet;
Thence, S 44° 21' 28" W, 220.72 feet;
GRANT OF EASEMENT - PAGE 7
55555.0581.11404472.1
Thence, S 88° 33' 16" E, 176.66 feet;
Thence, S 01° 26' 44" W, 25.000 feet to the POINT OF BEGINNING, containing
295,361 square feet or 6.78 acres, more or Tess.
GRANT OF EASEMENT - PAGE 8
55555.0581.11404472.1
Exhibit D
Legal Description of Potential Easement Area
That portion of Parcel B according to Record of Survey No. 11528 recorded under Instrument No.
2018- 084739, Ada County Records, located in the East Half of Section 8, Township 4 North, Range 1
East, Boise Meridian, in the City of Eagle, Ada County Idaho, particularly described as follows:
BEGINNING at the northwest corner of said Parcel B;
Thence S89°14'09"E, 893.57 feet along the north line of said Parcel B to the centerline of Dry
Creek; Thence S24°47' 13"W, 99.19 feet along said centerline;
Thence S10°23 '47"E, 68.23 feet to the centerline intersection of Dry Creek and the Dry Creek
Canal; Thence N82°13 ' 12"W, 384.18 feet along the centerline of said Canal;
Thence N82°31'35"W, 253.19 feet along the centerline of said
Canal; Thence N86°53'35"W, 233.99 feet along the centerline of
said Canal;
Thence N00°53 '09"E, 71.47 feet to the POINT OF BEGINNING, containing 93,232 square feet or
2.14 acres, more or less.
GRANT OF EASEMENT - PAGE 9
55555.0581.11404472.1