Easement - Parcel R5421230012-Lot 43A - 3/14/2019After recording, retum to:
Sharon K. Bergmann, City Clerk
City of Eagle
P.O. Box 1520
Eagle, Idaho 83616
ADA COUNTY RECORDER Phil McGrane
BOISE IDAHO Pgs=13 LISA BATT
EAGLE CITYNO FEE
2019-026061
04/03/2019 09:43 AM
00608174201900260610130132
Above space for recording
DEED OF RECREATIONAL PEDESTRIAN AND BICYCLE PATHWAY EASEMENT
AND MAINTENANCE AGREEMENT AND GRANTEE ACCEPTANCE
[Mace River Ranch Owners Association, Inc.]
Parties:
Mace River Ranch Owners
Association, Inc., an Idaho
Non -Profit Corporation
City of Eagle, an Idaho
Municipal Corporation
Grantor 101 South Capital Blvd., Suite 1700
Boise, Idaho 83702
and
c/o Cindy Walsh, Secretary
6149 N. Meeker Place, Suite 150
Boise, Idaho 83713
Grantee c/o City Clerk
P.O. Box 1520
Eagle, Idaho 83616
This Deed of Recreational Pedestrian and Bicycle Pathway Easement and Maintenance
Agreement and Grantee Acceptance made effective as of the date of the Parties' signatures
hereon, by and between MACE RIVER RANCH OWNERS ASSOCIATION, INC., an Idaho
non-profit corporation, Grantor, whose address is c/o Cindy Walsh, Secretary, 6149 N. Meeker
Place, Suite 150, Boise, Idaho 83713, and the CITY OF EAGLE, an Idaho municipal
corporation, Grantee, whose address is c/o City Clerk, P.O. Box 1520, Eagle, Idaho 83616.
DEED OF RECREATIONAL PEDESTRIAN AND BICYCLE PATHWAY EASEMENT AND MAINTENANCE
AGREEMENT AND GRANTEE ACCEPTANCE Page 1
(Mace River Ranch Owners Association, Inc - Lot 43A)
SECTION 1,
DEFINITIONS
For all purposes of this Deed of Recreational Pedestrian and Bicycle Pathway Easement
and Maintenance Agreement and Grantee Acceptance, the following terms in bold shall have the
meaning herein provided unless the context of the term clearly requires otherwise as follows:
1.1
Deed of Easement and Maintenance Agreement: means and refers to this Deed of
Recreational Pedestrian and Bicycle Pathway Easement and Maintenance Agreement
and Grantee Acceptance.
1.2 Eagle Greenbelt Pathway: means and refers to the Grantees Pedestrian and Bicycle
Pathway system as it lies within close proximity to the Boise River and extends
throughout the Grantee's city limits.
1.3 Eagle Island State Park: means and refers to Eagle Island State Park consisting of 545
acres more or less lying between the north and south channels of the Boise River owned
and under the jurisdiction of the state of Idaho Department of Parks and Recreation.
1.4 Easement Real Property: means and refers to that certain real property owned by the
Grantor more particularly described in Exhibit A attached hereto and by this reference
incorporated herein as if set forth at length.
1.5 Effective Date: means and refers to the date this Deed of Easement and Maintenance
Agreement has been executed by the Parties and recorded with the Ada County
Recorder's Office.
1.6 Grantee: means and refers to the CITY OF EAGLE, an Idaho municipal corporation,
Grantee, whose address is c/o City Clerk, P.O. Box 1520 Eagle, Idaho 83616, and
Grantee Party of this Deed of Easement and Maintenance Agreement.
1.7 Grantor: means and refers to MACE RIVER RANCH OWNERS ASSOCIATION,
INC., an Idaho non-profit corporation, Grantor, whose address is c/o Cindy Walsh,
Secretary, 6149 N. Meeker Place, Suite 150, Boise, Idaho 83713, and Grantor Party of
this Deed of Easement and Maintenance Agreement.
1.8 Parties: means and refers to the Grantor and the Grantee to this Deed of Easement and
Maintenance Agreement.
1.9 Pedestrian and Bicycle Pathway: means and refers to a pathway designed and used
solely for purposes of Recreational Transportation Uses and Amenities.
DEED OF RECREATIONAL PEDESTRIAN AND BICYCLE PATHWAY EASEMENT AND MAINTENANCE
AGREEMENT AND GRANTEE ACCEPTANCE Page 2
(Mace River Ranch Owners Association, Inc. - Lot 43A)
1.10 Real Property Owner: means and refers to the Grantor and any subsequent owner of
the real property within which the Easement Real Property lies.
1.11 Recreational Transportation Uses and Amenities: means and refers and is limited to
pedestrian, bicycle transportation use for walking, jogging, bicycle riding, scooter riding,
including e -bikes and e -scooters, skateboarding, roller skating [as regulated by Grantee's
ordinances] and including the use of wheelchair conveyances which assist disabled
pedestrian transportation and includes pathway amenities [e.g. signage, benches, water
fountains, exercise stations, landscaping, lighting, fencing, etc.] but this definition does
not include equestrian use or any use or access by any other type of motorized vehicle
except as is necessary for Grantee maintenance, the construction and or installation of
Grantee Pedestrian and Bicycle Pathway enhancements and emergency vehicular access
uses.
SECTION 2
RECITALS
The parties recite and declare:
2.1 Grantor is the owner of the Easement Real Property; and
2.2 The Grantee owns and maintains the Eagle Greenbelt Pathway which is a Pedestrian and
Bicycle Pathway system for Recreational Transportation Uses and Amenities along the
Boise River which connects to a similar Pedestrian and Bicycle Pathway systems which
continues east along the Boise River through areas within Ada County, the City of
Garden City and Boise City and terminates within Lucky Peak State Park; and
2.3 The Eagle Greenbelt Pathway currently terminates at a location to the east of the
Easement Real Property, and it is the intention of the Grantee to extend, construct and
maintain the Eagle Greenbelt Pathway so it connects with Eagle Island State Park; and
2.4 In order to connect the Eagle Greenbelt Pathway to Eagle Island State Park, the Grantee
must obtain, from the Grantor, this Deed of Easement and Maintenance Agreement and
must obtain similar deed of easement and maintenance agreements from all the owners of
real property that lie between the Eagle Greenbelt Pathway and Eagle Island State Park;
and
2.5 Based upon the Grantee's intention to connect Eagle Greenbelt Pathway to Eagle Island
State Park, the Grantor is willing to gift, grant and convey this Deed of Easement and
Maintenance Agreement to the Grantee subject to and in accordance with the terms and
conditions as set forth in this Deed of Easement and Maintenance Agreement.
DEED OF RECREATIONAL PEDESTRIAN AND BICYCLE PATHWAY EASEMENT AND MAINTENANCE
AGREEMENT AND GRANTEE ACCEPTANCE Page 3
(Mace River Ranch Owners Association, Inc. - Lot 43A)
SECTION 3
GRANT OF PEDESTRIAN AND BICYCLE PATHWAY RECREATIONAL TRANSPORTATION
USES AND AMENITIES EASEMENT SUBJECT TO EXISTING EASEMENTS
3.1 Grantor does hereby grant, convey, gift and release an easement unto the Grantee within
the Easement Real Property, from the Effective Date hereof, for the construction,
maintenance and use of a Pedestrian and Bicycle Pathway for Recreational
Transportation Uses and Amenities.
3.2 Grantee, upon the Effective Date, shall have the right to construct and maintain a
Pedestrian and Bicycle Pathway within the Easement Real Property, but the Grantee shall
not allow the public to use the Pedestrian and Bicycle Pathway until the Grantee has
obtained similar easement rights and has constructed a Pedestrian and Bicycle Pathway
from the current Eagle Greenbelt Pathway to Eagle Island State Park.
3.3 This Deed of Easement and Maintenance Agreement is subject to the following
easements as they apply to the Easement Real Property:
3.3.1 Utility easement and drainage easement as referenced on sheet 7 of 9 of the Mace
River Ranch Subdivision No. 4 Plat recorded in the Recorder's Office of Ada
County in the Plat Book 109 at page 15356 as Easement Notes 1; and
3.3.2 The Master Perpetual Storm Water Drainage Easement recorded on May 8, 2009
as Instrument No. 109053259 which was dedicated to Ada County Highway
District pursuant to Idaho Code Section 40-2302 as a part of its storm drainage
system; and
3.3.3 The Hart -Davis Ditch Company access easements as recorded in the Recorder's
Office of Ada County as Instrument Nos. 114034583 and 114034584
SECTION 4
MAINTENANCE AGREEMENT
4.1 The Grantee, upon completing the construction of the Pedestrian and Bicycle Pathway
within the Easement Real Property, shall maintain and replace the Pedestrian and Bicycle
Pathway, as is reasonably necessary to facilitate good stewardship of the Recreational
Transportation Uses and Amenities constructed.
4.2 The Grantee shall reasonably maintain the Easement Real Property premises free of litter
and debris.
DEED OF RECREATIONAL PEDESTRIAN AND BICYCLE PATHWAY EASEMENT AND MAINTENANCE
AGREEMENT AND GRANTEE ACCEPTANCE Page 4
(Mace River Ranch Owners Association, inc. - Lot 43A)
4.3 The neglect or failure of the Grantee's performance of its covenants as provided in
Sections 3.2, 4.1 or 4.2 is a default of this Deed of Easement and Maintenance
Agreement
4.3.1 Prior Written Notice of Default: In the event of a default of the Grantee, the
Real Property Owner may seek a remedy of the default in accordance with the
following process:
4.3.1.1 The Real Property Owner shall serve the Grantee's City Clerk with a
written notice of default.
4.3.1.1.1 The written notice of default shall include the matters and
facts which form the basis for the notice of default and
include a stated reasonable time within which the Grantee
has to correct and remedy the default. Such reasonable time
frame shall depend upon the exigencies surrounding the
matters and facts set forth in said notice.
4.3.1.2 The notice of default shall be served by e-mail and U.S. Mail to the
address herein designated for the Grantee.
4.3.1.3 In the event the Grantee fails to completely correct and remedy the
default within the reasonable time designated in the notice of default,
then in that event, the Real Property Owner may forthwith give
Grantee written notice of its intent and right to cure the default and to
seek damages for all of the direct and indirect expenses incurred by the
Real Property Owners in curing the default.
SECTION 5
ACCEPTANCE OF GRANT OF RECREATIONAL PEDESTRIAN AND
BICYCLE PATHWAY EASEMENT AND MAINTENANCE AGREEMENT
5.1 The Grantee does hereby accept the grant, conveyance and gift from the Grantor this
Deed of Easement and Maintenance Agreement and Grantee Acceptance subject to its
terms and conditions.
DEED OF RECREATIONAL PEDESTRIAN AND BICYCLE PATHWAY EASEMENT AND MAINTENANCE
AGREEMENT AND GRANTEE ACCEPTANCE Page 5
(Mace River Ranch Owners Association, Inc. - Lot 43A)
SECTION 6
DEED OF RECREATIONAL PEDESTRIAN AND BICYCLE PATHWAY EASEMENT AND
MAINTENANCE AGREEMENT SUBJECT TO LAW OF VACATION
6.1 Any transfer by the Grantee of this grant and conveyance of this Deed of Easement and
Maintenance Agreement is subject to the laws of the state of Idaho governing the
vacation of city easements currently codified at Idaho Code Section 50-1325.
SECTION 7
PREVAILING PARTY
7.1 Prevailing Party. In the event any Party shall file suit or action at law or equity to
interpret or enforce this Deed of Easement and Maintenance Agreement, the provisions
of Idaho Code Section 12-117, or any subsequent amendment or recodification of the
same, shall apply to the determination of the prevailing Party and the award of reasonable
attorney's fees, witness fees and other reasonable expenses.
IN WITNESS WHEREOF, this peed Easement and Maintenance Agreement has been
executed on the i'1 dayof ckcGL` 2019, with the intent that it
shall be recorded in the office of the recorder of the County of Ada, state of Idaho.
Grantor:
MACE RIVER RANCH OWNERS
ASSOCIATION, INC.
By: (JL
, President
Attest:
DEED OF RECREATIONAL PEDESTRIAN AND BICYCLE PATHWAY EASEMENT AND MAINTENANCE
AGREEMENT AND GRANTEE ACCEPTANCE Page 6
(Mace River Ranch Owners Association, Inc. - Lot 43A)
Grantee:
CITY OF EAGLE
By:
�
Stan Ridgway, Mayor
Attest:
P
Sharon K. Bergmann, City Cle(k
DEED OF RECREATIONAL PEDESTRIAN AND BICYCLE PATHWAY EASEMENT AND MAINTENANCE
AGREEMENT AND GRANTEE ACCEPTANCE Page 7
(Mace River Ranch Owners Association, Inc. - Lot 43A)
STATE OF IDAHO )
: ss.
County of Oa ci- )
On this 14 day of AUirdi . in the year of 20191 before me a notary public
for the state of Idaho, personally appeared _ 'Sf::41\ 0fAa I , known or identified
to me to be the President of MACE RIVER RANCH OWNERS ASSOCIATION, INC., that
executed the instrument on behalf of said corporation, and acknowledged to me that MACE
RIVER RANCH OWNERS ASSOCIATION, INC. executed the same.
(SEAL)
s,��SHA reARp''•.
NOTA•R� .• % Notary Public fo daho
:
• Residing at: �ktt 7� �J
•+ Commission Expires: /0/ 7T
t,'PA UBLIC •' a
Or: IDN
STATE OF IDAHO )
: ss.
County of Canyon )
On this ori_ day of rfAGL{COY \. , in the year of 2019, before me a notary public
for the State of Idaho, personally appeared STAN RIDGWAY and SHARON K. BERGMANN,
known or identified to me to be the persons whose names are subscribed to the within instrument
as Mayor and City Clerk of the CITY OF EAGLE, and acknowledged to me that they executed
the same as Mayor and City Clerk of the City of Eagle.
(SEAL TRACY E. OSBORN 0
COMMISSION #27120
NOTARY PUBLIC
STATE OF IDAHOI .�+ ;
MY COMMISSION EXPIRES I i�- °`f
Notary Pub , for Idaho
My Comm sion Expires:
W; lWorCElEagle City of 258461Pathway Easements 0001Lot 434 - R5421230012\Deed -Easement - Lot 434 3-04-19 lh docx
DEED OF RECREATIONAL PEDESTRIAN AND BICYCLE PATHWAY EASEMENT AND MAINTENANCE
AGREEMENT AND GRANTEE ACCEPTANCE Page 8
(Mace River Ranch Owners Association, Inc. - Lot 43A)
EXHIBIT A
EASEMENT REAL PROPERTY
(Parcel R5421230012 — Lot 43A)
J•U•B ENGINEERS. INC.
• TNI
• J'rt,' (1,:.1 4 LANODOM
GROUP
Mace River Ranch Owners Association, Inc.,
Mace River Ranch Subdivision Parcel "43A"
City of Eagle
Greenbelt Easement Description
Project Number 10-18-113 February 7, 2019
OAT[MAY
MAPPING
, tNC.
An easement situated in a portion of Parcel "43A", according to the Lot Line Adjustment Record of
Survey No. 10496, recorded under Instrument No. 2016-045902, Records of Ada County, located in the
Northwest quarter of Section 17, Township 4 North, Range 1 East, Boise Meridian, City of Eagle, Ada
County, Idaho, and being more particularly described as follows:
Commencing at the northerly most corner of Lot 61 of Block 1 of Mace River Ranch Subdivision No. 4
(Book 109 of Plats at Pages 15356 through 15364, Records of Ada County, Idaho), Thence S70°46'26"W,
46.72 feet along the southerly boundary line Lot 43, Block 1 of Mace River Ranch Subdivision No. 4 to
the POINT OF BEGINNING;
Thence continuing S70°46'26"W, 22.18 feet along said southerly boundary line;
Thence 51.84 feet along a non -tangent curve to the right, concave easterly, having a radius of
210.00 feet, a central angle of 14°08'35", and a long chord which bears N12°06'34"E, 51.71 feet;
Thence N19°10'52"E, 28.55 feet;
Thence 84.55 feet along a curve to the right, having a radius of 110.00 feet, a central angle of
44°02'26", and a long chord which bears N41°12'05"E, 82.49 feet;
Thence N63°13'19"E, 51.92 feet;
Thence 137.92 feet along a curve to the right, having a radius of 150.00 feet, a central angle of
52°40'55", and a long chord which bears N89°33'46"E, 133.11 feet;
Thence S64°05'47"E, 198.72 feet to a point on the southerly boundary line of Lot 43 of Block 1
of Mace River Ranch Subdivision No. 4;
Thence N73°52'13"W, 117.81 feet along said southerly boundary line;
Thence N64°05'47"W, 82.62 feet;
Page 1 of 3
a 250 S. Beechwood Avenue, Suite 201, Boise, ID 83709 p 208-376-7330 f 208-32.3-9336 w www.jub.com
(JUB
J41113 ENGINEERS, INC.
Mace River Ranch Owners Association, Inc., continued...
Tttx o*TIWAY
• (ti;t:9�.,t+•r�� faGROUPS $NC. f0
Thence 119.53 feet along a curve to the Ieft, having a radius of 130.00 feet, a central angle of
52°40'55", and a long chord which bears S89°33'46"W, 115.37 feet;
Thence S63°13'19"W, 51.92 feet;
Thence 69.18 feet along a curve to the Ieft, having a radius of 90.00 feet, a central angle of
44°02'26", and a long chord which bears S41°12'05"W, 67.49 feet;
Thence S19°10'52"W, 28:55 feet;
Thence 37.78 feet along a curve to the left, having a radius of 190.00 feet, a central angle of
11°23'38", and a long chord which bears S13°29'03"W, 37.72 feet to the southerly boundary line
of Lot 43 of Block 1 of Mace River Ranch Subdivision No. 4, the POINT OF BEGINNING.
Together With:
That portion of Parcel "43A", according to the Lot Line Adjustment Record of Survey No. 10496,
recorded under Instrument No. 2016-045902, located in the Northwest quarter of Section 17, Township
4 North, Range 1 East, Boise Meridian, City of Eagle, Ada County, Idaho, and being more particularly
described as follows:
BEGINNING at the northeast corner of Lot 59 of Block 1 of Mace River Ranch Subdivision No. 4
(Book 109 of Plats at Pages 15356 through 15364, Records of Ada County, Idaho);
Thence N73°52'13"W, 39.07 feet along the southerly boundary line of Lot 43, Block 1 of Mace
River Ranch Subdivision No. 4;
Thence N75°18'12"E, 37.38 feet to the southerly line of that existing City of Eagle Greenbelt
Easement recorded under Instrument No. 2015-074171, Records of Ada County;
Thence S32°00'00"E, 5.95 feet along the southerly line of said existing City of Eagle Greenbelt
Easement;
Page 2 of 3
a 250 S. Beechwood Avenue, Suite 201, Boise, ID 83709 p 208-376-7330 I. 208-323-9336 w www.iub.com
%•U•0 ENGINEERS. INC.
Mace River Ranch Owners Association, Inc., continued...
The EWAY
U B COMPANIES 1 LAN Goofs 1
wA PU40
ICROUP 111
�WC.
Thence 550°00'00"E, 28.80 feet along the southerly line of said existing City of Eagle Greenbelt
Easement;
Thence N75°00'00"W, 18.50 feet;
Thence S75°18'12"W, 6.17 feet to the southerly boundary line of Lot 43 of Block 1 of Mace River
Ranch Subdivision No. 4, the POINT QF BEGINNING.
The above-described easement contains 9,991 square feet or 0.23 acres, more or less.
Robert L. Kazarinoff, PLS
Page 3 of 3
rt 250 S. Beechwood Avenue, Suite 201, Boise, ID 83709 p 208-376-7330 f 208-323-9336 w www.iub.com
1, Existing City of Eagle
Greenbelt Easement
Inst No. 2015-074171
Hart—Davis
Canal Easement
as shown on
109/Plats/15356C3 \ \
Parcel "43A"
LOT LINE ADJ:
ROS No. 10496
Np.
/ / \\�\� \
8• _
/— S6 5,‘
/ Greenbelt 8262ill,
::/
/ Easement N75' 18'12"E
+ / / Gh N7 37.38, :n,
1 b'' �/ f:727:..kI01
ry7f/
2 N9 /A h�
41..;2-
1 i ly
1,3 / t Point of Commencement
1
Point of Beginning (1)
S70'41
22.18'
LOT 61
I BLOCK 1
Curve Table
Curve t Length Radius Delta Chord Bearing Chord Length
C1 51.84' 210.00' 14'08'35" N12'06'34"E 51.71'
C2 84.55' 110.00' 44'02'26" N41'12'05"E 82.49'
C3 137.92' 150.00' 52'40'55" N89'33'46"E 133.11'
C4 119.53' 130.00' 52'40'55" S89'33'4611/ 115.37'
C5 69.18' 90.00' 44'02'26" S41' 12'05"W 67.49'
C6 37.78' 190.00' 11'23'38` S13'29'03"W 37.72'
Hart—Davis Canal
Access Easement
as shown on
109/Plats/15356
S70'46'26"W
46.72'
LOT 60
BLOCK 1
Line Table
Line # Direction Length Point of Beginning (2)—
11 S32'00'00"E 5.95' BLOT 59
BLOCK 1
L2 350.00'00"E 28.80' 0 60 120
13 N75'00'00"W 18.50'
N73'52' 13"W
39.07'
1.3
L4
L4 S75 -18'12"W 6.17'
IN•Noml
Scale in Feet
Mace River Ranch Owners Association, Inc.,
Mace River Ranch Subdivision Parcel "43A" of LLA ROS No. 10496
Mace River Ranch Subdivision No. 4 1 of 1
Gity of Eagle Greenbelt Easement