Easement - Drainage District No. 2 & City of Eagle - 2024 - Kingswood Sub - Agreement for PathwayADA COUNTY RECORDER Trent Tripple 2024-032322
BOISE IDAHO Pgs=14 CHE FOWLER 06117/2024 08:10 AM
FEESAWTOOTH LAW OFFICES
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AGREEMENT
(Kingswood Subdivision No. 1)
This AGREEMENT, made and entered into this day of J v i - _-- _, 2024,
by and between ADA COUNTY DRAINAGE DISTRICT NO. 2, aka CONSOLIDATED
DRAINAGE DISTRICT NO. 2 (fka Drainage District No. 4), a duly organized and existing
Idaho drainage district under and by virtue of the laws of the State of Idaho, (hereinafter referred
to as the "District"), and
THE CITY OF EAGLE, a political subdivision and
municipality of the State of Idaho,
hereinafter referred to as the "City,"
WITNES SETH:
WHEREAS, the parties hereto entered into a Master Pathway License Agreement for
Developing and Maintaining Pathways for public use along and across some of the District's
ditches and within some of the District's easements dated September 6, 2023, recorded as
Instrument No. 2023-052112, records of Ada County, Idaho, hereinafter referred to as the
"Master Pathway Agreement;" and,
WHEREAS, the District and the City intended by entering the Master Pathway
Agreement to accomplish the following in a manner that is consistent with their respective legal
and fiduciary responsibilities; to enhance the City's pathway planning though early consultation
between the City and the District; to establish a process for the City's submission of pathway
requests and the District's consideration of such requests; and to provide the general conditions
for the District's approval and authorization of pathway requests affecting the District's ditches,
property, operations and maintenance; and,
WHEREAS, the District grants to the City the right develop pathways to encroach within
the District's easements along and across the District's ditches, canals and easements therefor
upon the terms and conditions of said Master Pathway Agreement and after the execution of an
agreement for each proposed crossing and encroachment; and,
WHEREAS, the City is the owner of the real property easement / right of way (burdened
with the easement of the District hereinafter mentioned) particularly described in the "Legal
Description" attached hereto as Exhibit A and by this reference made a part hereof; and,
WHEREAS, the District controls the drainage. ditch or drain known as DRAIN NO. 14A
(hereinafter referred to as "ditch or drain") together with the real property and/or easements to
convey irrigation and drainage water, to operate and maintain the ditch or drain, and which
AGREEMENT — Page 1
crosses and intersects said described real property of the City as shown on Exhibit B attached
hereto and by this reference made a part hereof; and,
WHEREAS, the City desires approval to construct, install, operate and maintain a gravel
pathway within the District's property/easement for Drain No. 14A under the terms and
conditions of said Master Pathway Agreement and those hereinafter set forth,
NOW, THEREFORE, for and in consideration of the premises and of the covenants,
agreements and conditions hereinafter set forth and those set forth in said Master Pathway
Agreement, the parties hereto agree as follows:
1. The City may construct, operate, maintain and repair a gravel pathway within the
District's easement for Drain No. 14A within Kingswood Subdivision No. 1, located northwest
of the intersection of Floating Feather Road and Linder Road in, Eagle, Ada County, Idaho. The
City and the District acknowledge and agree that the owner of Kingswood Subdivision No. 1 is
constructing the pathway pursuant to a separate agreement between the owner and the District
and/or development terms with the City.
2. Any construction, widening or crossing of said ditch or drain shall be
performed in accordance with the "Special Conditions" stated in Exhibit C, attached hereto and
by this reference made part thereof.
3. The permitted hours of use of the pathway shall be from one half hour
before sunrise and one half hour after sunset.
4. The parties hereto incorporate in and make part of this Agreement all the
covenants, conditions, and agreements of said Master Pathway Agreement unchanged except as
the result of the provisions of this Agreement.
The covenants, conditions and agreements herein contained and incorporated by
reference shall constitute covenants to run with, and running with, all of the lands of the City
described in said Exhibit A, and shall be binding on each of the parties hereto and on all parties
and all persons claiming under them or either of them, and the advantages hereof shall inure to
the benefit of each of the parties hereto and their respective successors and assigns.
Signature Pages Follow
AGREEMENT — Page 2
IN WITNESS WHEREOF, the District has hereunto caused its corporate name to be
subscribed by its officers first hereunto duly authorized and the City has hereunto caused its
municipal name to be subscribed and its seal to be affixed by it officers first thereunto duly
authorized by resolution of its City Council, all as of the day and year herein first above written.
DRAINAGE DISTRICT NO. 2
Its
ATTEST:
STATE OF IDAHO )
) ss.
County of Ad c )
On this 1 day of , 2024, before me, the undersigned notary
public in and for said state, personally appeared 60-r-7 0/5 o a n d
Lze C-(o-,- known to me to be the and
►>t.ci0 , respectively, of DRAINAGE DISTRICT NO. 2, the District that
executed the foregoing instrument and acknowledged to me that such District 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.
KATIE R. KELLY
COMMISSION #37638
NOTARY PUBLIC
STATE OF IDAHO
NOTARY PUBLIC FOR IDAHO
Residing at / LSi'S f ,�1 , Idaho
My Commission Expires 7,%2 24.7
AGREEMENT - Page 3
ATTEST:
THE CITY OF EAGLE
By
lAILVA
Tracy lsbom, City Clerk %."% ORA •i 4'1;.
•,� '9 •'�� •• ♦♦♦
•.'••• OF IDF� ♦••♦
STATE OF IDAHO )
) ss.
County of
On this day of d , 2024, before me, the ttndeiste ed notary k
public in and for said State, perso ally appeared ?Oa ?jilt k c$eriCS i4S known to e
be the Mayor and Tracy Osborn, the City Clerk, respectively, of THE CITY OF EAGLE, the
political subdivision and municipality that executed the foregoing instrument and acknowledged
to me that such entity 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.
••% ell ,,•„ II
♦••''o'�TE Nti''••,
A.
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AGREEMENT — Page 4
v4-1X-6
NOTARY PUBLIC FOR I1YAHO
Residing at ���, �� , Idaho
My Commission Expires 57i LEI Z,Y
EXHIBIT A
Legal Description
A right-of-way/easement within NE'/ of the SE'/ of Section 2, Township 4 North, Range
1 West, B.M., Eagle, Ada County, Idaho as more particularly described in the description
attached hereto as Exhibit A-1 and by this reference incorporated herein (note: the description
attached hereto as Exhibit A-1 includes right-of-way/easement for future phases and the
construction and approval authorized herein only relates to the pathway portions being
constructed within Kingswood Subdivision No. 1 and as shown in the plans attached hereto as
Exhibit C-1. Future phases will require separate written agreements).
EXHIBIT B
Location of Property/Ditch
See Exhibit C-1 attached hereto.
EXHIBIT C
Special Conditions
A. The location and construction of the pathway shall be in accordance with
Exhibit C-1, attached hereto and by this reference made a part hereof.
B. The District's easement along this section of ditch or drain includes a
sufficient area of land to convey irrigation and drainage water, to operate, clean, maintain and
repair the ditch or drain, and to access the ditch or drain for said purposes and is a minimum of
100 feet, 50 feet to either side of the centerline for open sections and 50 feet, 25 feet to either
side of the centerline for piped or closed sections.
C. Construction shall be completed one year from the date of this agreement.
Time if of the essence.
AGREEMENT — Page 5
Description for
Pathway Easement
Kingswood Subdivision No. 1
January 30, 2024
A portion of the Northeast 1/4 of the Southeast 1/4 of Section 2, Township 4
North, Range 1 West, Boise Meridian, Ada County, Idaho being more particularly
described as follows:
Commencing at the 1/4 corner common to Sections 1 and 2, T.4N., R.1W.,
B.M., from which the S1/16 corner common to said Sections 1 and 2 bears South
00°54'45" West, 1326.65 feet; thence on the east -west centerline of said Section 2,
coincident with the south boundary line of Lanewood Subdivision No. 8 as filed in Book
121 of Plats at Pages 19108 through 19112, records of Ada County, Idaho, North
89°16'02" West, 50.00 feet; thence leaving said east -west centerline, South 00°54'45"
West, 40.97 feet to the POINT OF BEGINNING;
thence continuing South 00°54'45" West, 25.00 feet;
thence North 88°49'23" West, 22.73 feet;
thence North 57°45'16" West, 40.69 feet;
thence North 88°49'23" West, 41.54 feet;
thence South 84°51'03" West, 92.10 feet;
thence South 75°01'43" West, 29.01 feet;
thence South 61°56'17" West, 48.60 feet;
thence South 58°04'49" West, 28.31 feet;
thence South 45°23'48" West, 230.14 feet;
thence South 45°30'36" West, 277.60 feet;
thence South 46°31'38" West, 204.67 feet;
thence South 58°39'52" West, 85.77 feet;
thence South 57°36'33" West, 153.06 feet;
thence North 31 °54'31 " West, 25.00 feet;
thence North 57°36'33" East, 153.08 feet;
thence North 58°39'52" East, 83.34 feet;
thence North 46°31'38" East, 201.79 feet;
Page 1 of 2
Exhibit A-1, page 1
thence North 45°30'36" East, 277.36 feet;
thence North 45°23'48" East, 232.90 feet;
thence North 58°04'49" East, 31.94 feet;
thence North 61°56'17" East, 52.31 feet;
thence North 75°01'43" East, 34.02 feet;
thence North 84°51'03" East, 95.63 feet;
thence South 88°49'23" East, 49.87 feet;
thence South 57°45'16" East, 40.69 feet;
thence South 88°49'23" East, 15.66 feet to the POINT OF BEGINNING.
Containing 31,536 square feet or 0.724 acres, more or Tess.
End of Description.
Page 2 of 2
Exhibit A-1, page 2
<j
N58'39'52"E
83.34'
Lanewood Sub. No. 8
N��,Pc2;��� S58'39'52"W
�y� 85.77'
1`o
Line Table
Line
Bearing
Length
L1
N89'16'02"W
50.00'
L2
S00'54'45"W
40.97'
L3
S00'54'45"W
25.00'
L4
N88'49'23"W
22.73'
L5
L6
N57'45'16"W
N88'49'23"W
40.69'
41.54'
L7
S84'51'03"W
92.10'
L8
S75'01.43"W
29.01'
L9
S61'56'17"W
48.60'
P: \Kings
ood
Sub
Pardue) 18-276\dwq'Pothwoy Eose Ex.d
IDAHO
SURVEY
GROUP, LLC
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o4
Line Table
Line
Bearing
Length
L10
S58'04'49"W
28.31'
L11
N31`54'31"W
25.00'
L12
N58'04.49"E
31.94'
L13
N61'56'17"E
52.31'
L14
N75'01'43"E
34.02'
L15
N84'51'03"E
95.63'
L16
S88'49'23"E
49.87'
L17
S57'45'16"E
40.69'
L18
S88'49'23"E
15.66'
c 1230;2024 12:46:25 PM
9955 W. EMERALD ET.
BOISE, IDAHO 83704
(208) 846.8570
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L1
L14-i L15 L16 �aJ ' C7
L7 L6 (sBa
L8
L10
L18
L4
- Point of
Beginning
S1/16�
•
S.2 s.1
0 75 150
Exhibit Drawing for
Pathway Easement
Kingswood Subdivision No. 1
300
Job No.
18-276
Sheet No.
1
A portion of the NE1/4 of the SE1/4 of Section 2,
T.4N., R.1W., B.M., Ada County, Idaho.
Dwg. Date
1/30/2024
Exhibit A-1, page 3
Kingswood Subdivision -
City of Eagle PPRC Document
dated 3/18/22
b. Curb ramps where pathways meet roadways shail be prowled where they are permitted
by ACHD.
c. All connections to pathways, sidewalks or roadways are to be radiused a minimum of 8-
feet and connected to adjacent pathways as required by the City.
I* P 1 • 'Tr
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• A = The developer shall provide 10.foot-wide Natural Surface pathway built to the
Cliy Standard/or:00mi Pazhways. for all alignments shown in ORANGE in
FIGURE 1.
Phase 1- 465' LF
of Natural Surface
pathway
Page 3 of 6
ICTIanning Dept \ Eagle Applications Preliminaty Devekmmem Plans 202111Cingswood SuIPAgency ResponseskKingswood PPRC Rec me.doc
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