Easement - Mace River Ranch Owners Association - 2019 - Mace River Ranch - Mace River Ranch Pedestrian & Bicycle PathwayAfter recording, return to:
Sharon K. Bergmann, City Clerk
City of Eagle
P.O. Box 1520
Eagle, Idaho 83616
ADA COUNTY RECORDER Phil McGrane 2019-026062
BOISE IDAHO Pgs=10 LISA BATT 0410312019 09:43 AM
EAGLE CITY NO FEE
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Above space for recording
DEED OF RECREATIONAL PEDESTRIAN AND BICYCLE PATHWAY EASEMENT
AND MAINTENANCE AGREEMENT AND GRANTEE ACCEPTANCE
[Weston & Julianne Arnell Revocable Trust]
Parties:
Weston Arnell and Julianne Grantor 958 N. Lionbridge Place
Arnell, Trustees of the Weston Eagle, Idaho 83616
& Julianne Arnell Revocable
Trust
City of Eagle, an Idaho
Municipal Corporation
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 WESTON ARNELL and JULIANNE ARNELL, Trustees of the
WESTON & JULIANNE ARNELL REVOCABLE TRUST, Grantor, whose address is 958 N.
Lionbridge Place, Eagle, Idaho 83616, 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
(Weston & Julianne Arnell Revocable Trust - Lot 59)
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 WESTON ARNELL and JULIANNE ARNELL, Trustees
of the WESTON & JULIANNE ARNELL REVOCABLE TRUST, Grantors, whose
address is 958 N. Lionbridge Place, Eagle, Idaho 83616, 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
(Weston &Julianne Arnell Revocable Trust - Lot 59)
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
(Weston &Julianne Arnell Revocable Trust - Lot 59)
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.
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.
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.
DEED OF RECREATIONAL PEDESTRIAN AND BICYCLE PATHWAY EASEMENT AND MAINTENANCE
AGREEMENT AND GRANTEE ACCEPTANCE Page 4
(Weston &Julianne Arnell Revocable Trust - Lot 59)
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.
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.
DEED OF RECREATIONAL PEDESTRIAN AND BICYCLE PATHWAY EASEMENT AND MAINTENANCE
AGREEMENT AND GRANTEE ACCEPTANCE Page 5
(Weston &Julianne Arnell Revocable Trust - Lot 59)
IN WITNESS WHEREOF, this Deed Easement and Maintenance Agreement has been
executed on the 14 day of P&afcL 2019, with the intent that it
shall be recorded in the office of the recorder of the County of Ada, state of Idaho.
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SEAL •
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Attest:
,
Sharon K. Bergmann, City Cle/k
Grantor:
WESTON & JULIANNE ARNELL
REVOCABLE TRUST
By:
Weston Arnell, Trustee
By:
li nne Arnell, Tru e
Grantee:
CITY OF EAGLE
By:
SqStan Ridgway,
DEED OF RECREATIONAL PEDESTRIAN AND BICYCLE PATHWAY EASEMENT AND MAINTENANCE
AGREEMENT AND GRANTEE ACCEPTANCE Page 6
(Weston & Julianne Arnell Revocable Trust - Lot 59)
STATE OF IDAHO
County of A-Lh-
: ss.
On this day of Iti/4/114/1 , in the year of 2019, before me a notary public
for the state of Idaho, personally appeared WESTON ARNELL and JULIANNE ARNELL,
known or identified to me to be the persons whose names are subscribed to the within instrument
as Trustees of the Weston & .Julianne Arnell Revocable Trust and acknowledged to me that they
executed the same as such Trustees of the Weston & Julianne Arnell Revocable Trust.
(SEAL)
1
LAURA MCIVER
Notary Public - State of Idaho
Commission Number 63897
My Commission Expires Jul 9, 2020
STATE OF IDAHO )
. ss.
County of Canyon )
No Public for Idaho
Residing at: 114Q/4z-, /fl
-7 ries-e,
Commission Expires:
On this day of AV(Y\ , 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.
Notary Pub or` Idaho
(SEAL)
TRACY E. OSBORN My Comm sion Expires:
COMMISSION #27120
NOTARY PUBLIC
5 /VIE OF IDAHO
MY COMMI::SIOr\ EXP RES
W lWor•klElEagle City of 258461Pat way Easements 0001Lot 59 - R54212301 701Deed Easement - Lot 59 85421230170 3-04-19 Ili docx
DEED OF RECREATIONAL PEDESTRIAN AND BICYCLE PATHWAY EASEMENT AND MAINTENANCE
AGREEMENT AND GRANTEE ACCEPTANCE Page 7
(Weston & Julianne Arnell Revocable Trust - Lot 59)
EXHIBIT A.
EASEMENT REAL PROPERTY
(Parcel R5421230170 -- Lot 59)
(JI)
J-U•B ENGINEERS, INC.
THE
'4; CAQIiP
Gardner Mace Ranch, LC.,
Lot 59, Block 1 of Mace River Ranch Subdivision No. 4
City of Eagle
Greenbelt Easement Description
Project Number 10-18-113 February 7, 2019
GATEWAY
MAPPIINC. ►IG
An easement situated in a portion of Lot 59, Block 1 of Mace River Ranch Subdivision No. 4 (Book 109 of
Plats at Pages 15356 through 15364, Records of Ada County, Idaho), 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;
Thence S75°18'12"W, 43.34 feet;
Thence N64°05'47"W, 130.81 feet to a point on the northerly boundary line of Lot 59 of Block 1
of Mace River Ranch Subdivision No. 4;
Thence S73°52'13"E, 166.12 feet along the northerly boundary line of Lot 59 of Block 1 of Mace
River Ranch Subdivision No. 4 to the POINT OF BEGINNING.
The above-described easement contains 1,845 square feet or 0.04 acres, more or less.
Robert L. Kazarinoff, PLS
Page 1 of 1
a 250 S. Beechwood Avenue, Suite 201, Boise, ID 83709 p 208-376-7330 f 208-323-9336 w www.iub.com
Hart—Davis Cornu
Access Easement
\\\ os shown on
109/Plats/15356
/ / ''`\
/ / Hort —Davis \ \
/ Canal Easement \
/ as shown on\ \ �`
109/Plats/ 15356 \
Existing City of Eogle
Greenbelt Easementos shown
on 109/Plats/15356
S .
•••••. 02'73r 166.
• 11•47, • 130`
►Y 8/ •
LOT 60
BLOCK 1
w�aes. ae.
Greenbelt Easement
LOT 59
BLOCK 1
12=Saq =
3S
Point of Beginning
1
\ \
\ \
\ \
0 60 120
!!siommol
Scale in Feet
LOT 58
BLOCK 1
Gardner Mace Ranch, L.C.,
Lot 59 of Block 1 of Mace River Ranch Subdivision No. 4
City of Eagle Greenbelt Easement
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