Easement - Toll Southwest LLC - 2025 - Carrara Estates No. 2 - Carrara Estates No. 2 PathwayAda County Recorder Trent Tripple 2025-031380
Boise, Idaho Pgs= 10 cfowler 05/21/2025 10:49:51 AM
CITY OF EAGLE $0.00
Electronically Recorded
(Reserved for Ada County Recorder)
PERMANENT PATHWAY EASEMENT
AGREEMENT
THIS PERMANENT EASEMENT AGREEMENT is made and entered into this
day of OC1, , 20 ` , by and between TOLL SOUTHWEST LLC, 3103 W. Sheryl
Drive, Suite 100, Meridian, ID 83642, (hereinafter referred to as "Grantor"), and the CITY OF
EAGLE, 660 E. Civic Lane, Eagle, Idaho, 83616, (hereinafter referred to as "Grantee").
WITNESSETH:
FOR GOOD AND SUFFICIENT CONSIDERATION, IT IS AGREED:
SECTION 1. RECITALS:
1.1 Grantor is the owner of certain real property situated in Ada County, Idaho, (hereinafter
referred to as the "Subject Property") located northwest of N. Eagle Road and Floating Feather
Road, Eagle, Idaho, and more particularly described in Exhibit "A" as shown on Exhibit "B"
attached hereto.
1.2 The Grantee is the owner and operator of a pathway system, and in connection
therewith, desires to acquire from the Grantor an easement over and across a certain portion of the
Subject Property for public pathway easement.
1.3 The Grantee and the Grantor have agreed upon, and desire to herein memorialize
the terms and conditions which will govern the granting and use of the aforementioned
easement.
SECTION 2. AGREEMENT AND GRANT OF EASEMENT
NOW, THEREFORE, in consideration of the mutual covenants and conditions herein
contained, and for other good and valuable consideration, the receipt and sufficiency of which is
hereby acknowledged by the Grantor, the parties hereto, for themselves, their heirs, successors
and assigns, agree as follows:
2.1 Grantor, subject to the terms and conditions hereinafter set forth, hereby grants and
conveys unto the Grantee, its successors and assigns public pathway easement over and across that
portion of the Subject Property described within Exhibit "C", and generally as shown as
"Easement B" on Exhibit "D" attached hereto, ("Easement").
2.2 The Grantee may connect, or continue within this easement, public pathways as part
of future system expansion, and may authorize staff, contractors, or neighboring developers to
facilitate such improvements within this easement from any boundary to another public pathway
easement or easements, or to parcels included in any public access agreement.
EASEMENT AGREEMENT - 1
Instrument # 2025-031380
05/21/2025 10:49:51 AM Page 2 of 10
2.3 The Easement shall be permanent and perpetual, unless Grantee agrees in writing to
its termination, or it is otherwise abandoned or vacated by the Grantee.
2.4 Grantee, its agents, employees, contractors, and assigns, may traverse said Easement
with vehicles and equipment, and to make such improvements and excavations thereon and
thereunder as may be reasonably necessary to construct, install, maintain, repair, replace, operate
or use pathway located within the Easement.
2.5 Grantor reserves all mineral rights on the Subject Property. In the event damage occurs
to the pathway upon Grantor's exercise of mineral rights (i.e. excavation) the Grantor shall
immediately repair, restore, and revegetate all disturbed surface areas in a manner consistent
with conditions existing prior to the disturbance, all to the reasonable satisfaction of the Grantee.
2.6 Upon completion of its installation of a pathway within the Easement, and any
subsequent construction or maintenance activity conducted therein by the Grantee, the Grantee
shall immediately repair, restore, and revegetate all disturbed surface areas in a manner
consistent with conditions existing prior to the disturbance, all to the reasonable satisfaction of
the Grantor.
2.7 This Agreement, and the easement herein granted shall be appurtenant to, and run
with the title to the real property encumbered thereby, and shall obligate, and inure to the
benefit of, the parties hereto and their respective successors and assigns.
2.8 All exhibits attached hereto and the recitals contained herein are incorporated herein
as if set forth in full herein.
SECTION 3. Recordation.
This Agreement shall be recorded in the Official Real Property Records of Ada County,
Idaho.
SECTION 4. 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.
EASEMENT AGREEMENT - 2
Instrument # 2025-031380
05/21/2025 10:49:51 AM Page 3 of 10
TN WITNESS WHEREOF, the parties hereto have caused this Easement Agreement to be
executed on the day and year first above written.
"GRANTOR"
TOLL SOUTHWEST LLC
By:
Ry in Hammons, Division President
"GRANTEE"
CITY OF EAGLE
By:
ATTEST:
Tracy E. . �orn, City Clerk
EASEMENT AGREEMENT - 3
Instrument # 2025-031380
05/21/2025 10:49:51 AM Page 4 of 10
STATE OF IDAHO )
ss.
County of Ada
On this 4day of tiff' 20 25, before me, a Notary Public for said
State, personally appeared Ryan Hammons, known or identified to me to be the Division
President of TOLL SOUTHWEST LLC, the owners of the property referenced herein and
the persons who executed the foregoing instrument.
IN WITNESS WHEREOF, 1 have hereunto set my hand and affixed my official seal the day
and year in this certificate first above written.
AIL
-41114 Aida. _AS, AN, J111.- aAIL
KYLE PREWETT
Notary Public - State of Idaho
Commission Number 20223246
My Commission Expires Jul 7, 2028
-air 'yr- "Mr Nor r "NV
STATE OF IDAHO
)ss.
County of Ada
oe—
N(TrARY PUBLIC FOR IDAI I()
Residing at ecj.se,,Id
My commission expires 77/7/29a
On this day of N . 201 before me, a Notary Public, in and for said
County and State, personally appeared r3RAD PIKE, known or identified to me to be the MAYOR
of the CITY OF EAGLE, said municipal corporation that executed the foregoing instrument, and
acknowledged to me that such corporation executed the same.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day
and ycar in this certificate f!wstilit.t.Ilt
I at,• OTAR .0
11(P
0,
•
• •
•
PUBLIC
4• No
..?4/5141". 0
•• . ..
lei .......
****************
N Y PUB IC FOR IDAHO
Residing at:
My commission expires:
EASEMENT AGREEMENT - 4
Instrument # 2025-031380
05/21/2025 10:49:51 AM Page 5 of 10
EXHIBIT A
Legal Description
Carrara Estates Subdivision No. 2
A parcel being located in the W of the SE % of Section 5, Township 4 North, Range 1 East,
Boise Meridian, City of Eagle, Ada County, Idaho, and more particularly described as follows:
Commencing at a Brass Cap monument marking the southwest corner of the SE % of said Section
5, from which a Brass Cap monument marking the southeast corner of said SE % bears S
89°17'43" E a distance of 2668.93 feet;
Thence along the westerly boundary of said SE %, and the westerly boundary and extension
thereof of Carrara Estates Subdivision No. 1, as shown in Book 129 of Plats on Pages 21138
through 21140 , records of Ada County, Idaho, N 0°24'53" W a distance of 1238.36 feet to a 5/8
inch diameter rebar marking the northwesterly corner of said Carrara Estates Subdivision No. 1,
and the POINT OF BEGINNING;
Thence continuing along said westerly boundary of the SE ¼ N 0°24'53" W a distance of 722.08
feet to a point;
Thence leaving said westerly boundary N 78°30'31" E a distance of 189.29 feet to a point;
Thence N 61°44'27" E a distance of 53.00 feet to a point on a curve;
Thence a distance of 12.39 feet along the arc of a 126.50 foot radius non -tangent curve left, said
curve having a central angle of 5°36'47" and a long chord bearing S 31°03'57" E a distance of
12.39 feet to a point;
Thence N 66°00'00" E a distance of 142.21 feet to a point;
Thence S 42°00'00" E a distance of 402.31 feet to a point;
Thence S 48°00'00" W a distance of 14.52 feet to a point;
Thence S 42°00'00" E a distance of 143.00 feet to a point;
Thence S 53°17'33" E a distance of 100.85 feet to a point;
Thence S 2°00'00" W a distance of 340.11 feet to a point on the northerly boundary of said Carrara
Estates Subdivision No. 1;
Thence along said northerly boundary the following courses and distances:
Thence N 89°13'53" W a distance of 249.94 feet to a point on a curve;
Thence a distance of 10.05 feet along the arc of a 200.00 foot radius non -tangent curve
right, said curve having a central angle of 2°5240' and a long chord bearing N 3°38'24" E
a distance of 10.04 feet to a point;
Thence N 84°55'16" W a distance of 47.00 feet to a point;
anciSolutions
Carrara Estates Subdivision No. 2
Job No. 17-54
Page 1 of 2
Instrument # 2025-031380
05/21/2025 10:49:51 AM Page 6 of 10
Thence N 89°1353" W a distance of 250.90 feet to a point;
Thence S 64°30'17" W a distance of 87.94 feet to a point;
Thence N 90°00'00" W a distance of 160.00 feet to the POINT OF BEGINNING.
This parcel contains 11.85 acres, more or less.
Clinton W. Hansen, PLS
Land Solutions, PC
April 10, 2024
LantiSOILitioriS
Land Surveying and Consulting
Carrara Estates Subdivision No. 2
Job No. 17-54
Page 2 of 2
z
0
a w
pit
ripW
in
1151
14 Tr
N
ft W
M W
,, z
M Q
oil 0 0
z Q
r
OO
<
Q
j�
ei F—L
W Q
El
—C
W
0
W
1
z
0
0
—J
F,
LWE TABLE
LINE i I LENGTH I DIRECNGN
A A
F
B
s
8 m
t
R
si
a R
SL'9L9 _
031080
P ge7 if 10
CURIE TABLE
CURVE #!LENGTH I RADIUS I DELTA I REARM I CHORD
FA
1y;s
E
yy 13
Y
_
G
hW
8
ya
4
�a'
F t
SI }X
§t4
R .Ti
la
F rX
1s
X
'v+
rs
F
5E
Y
i
ti 'gy
k.
alp
\° yw.
kl
• y�
I
6 0
'i� sd Yl
M gg
".1 4
iT 18
AI B
ryry
:F
n
6 :
7
m
' $
F
`d ➢
9t
* k
'1
d l4
m
$t
+1
h
S{
'1. 3
o a
$ $
^ L'�
`d
C ..
0 0
0 3
0 B
G 8
0'
a c
c c
c c
c `a
g
c 25
6 '�
�& 0
R
5 5
R
N
OYf M.00.02S
l r
s—I
6 Y 9 !
4Y,0z
,LI'Lf92 Mj5411.0N
009U-56Lt150d 56 I@
Z 'O9'0916 01135 31N39)
100009 310501 31563
RNLVIan
Instrument # 2025-031380
05/21/2025 10:49:51 AM Page 8 of 10
EXHIBIT C
Legal Description
City of Eagle - Pathway Easements
Carrara Estates Subdivision No. 2
Easements located in the W 1/2 of the SE 1/4 of Section 5, Township 4 North, Range 1 East,
Boise Meridian, City of Eagle, Ada County, Idaho, and more particularly described as follows:
EASEMENT 1
Commencing at a Brass Cap monument marking the southwest corner of the SE 1/4 of said
Section 5, from which a Brass Cap monument marking the southeast corner of said SE 1/4
bears S 89°17'43" E a distance of 2668.93 feet;
Thence along the southerly boundary of said SE 1/4 S 89°17'43" E a distance of 170.63 feet to
a point;
Thence leaving said boundary N 0°42'17" E a distance of 1257.23 feet to the POINT OF
BEGINNING;
Thence N 1°45'21" W a distance of 136.57 feet to a point on a curve;
Thence a distance of 16.12 feet along the arc of an 59.50 foot radius non -tangent curve left,
said curve having a central angle of 15°31'23" and a long chord bearing S 86°22'20" E a
distance of 16.07 feet to a point;
Thence S 1°45'21" E a distance of 128.03 feet to a point;
Thence S 64°30'17" W a distance of 17.48 feet to the POINT OF BEGINNING.
Said Easement 1 contains 2,111 square feet (0.048 acres) and is subject to any other
easements existing or in use.
EASEMENT 2
Commencing at a Brass Cap monument marking the southwest corner of the SE 1/4 of said
Section 5, from which a Brass Cap monument marking the southeast corner of said SE 1/4
bears S 89°17'43" E a distance of 2668.93 feet;
Thence along the southerly boundary of said SE 1/4 S 89°17'43" E a distance of 601.60 feet to
a point;
Thence leaving said boundary N 0°42'17" E a distance of 1565.72 feet to the POINT OF
BEGINNING;
Thence a distance of 16.14 feet along the arc of an 123.50 foot radius non -tangent curve left,
said curve having a central angle of 7°29'19" and a long chord bearing N 24°47'34" W a
distance of 16.13 feet to a point;
Thence N 57°55'15" E a distance of 118.19 feet to a point of curvature;
aricI5 lutions
s.veying and Consulting
Eagle Pathway Easements
Carrara Estates Subdivision No, 2
Job No. 23-68
Page 1 of 2
Instrument # 2025-031380
05/21/2025 10:49:51 AM Page 9 of 10
Thence a distance of 13.97 feet along the arc of an 71.81 foot radius curve right, said curve
having a central angle of 11°08'33" and a long chord bearing N 63°29'31" E a distance of 13.94
feet to a point;
Thence S 53°1733" E a distance of 20.19 feet to a point;
Thence a distance of 21.73 feet along the arc of an 55.81 foot radius non -tangent curve left,
said curve having a central angle of 22°18'23" and a long chord bearing S 69°0426" W a
distance of 21.59 feet to a point;
Thence S 57°55'15" W a distance of 120.23 feet to the POINT OF BEGINNING.
Said Easement 2 contains 2,188 square feet (0.050 acres) and is subject to any other
easements existing or in use.
Clinton W. Hansen, PLS
Land Solutions, PC
April 4, 2025
LandSolutions
Land Surveying and ConsudIng
Eagle Pathway Easements
Carrara Estates Subdivision No. 2
Job No. 23-68
Page 2 of 2
EXH I oatmient # 2025-031380
1/2625 10:49:51 AM Page 10 of 10
1
CITY OF EAGLE - PATHWAY EASEMENTS
CARRARA ESTATES SUBDIVISION NO. 2
LOCATED IN THE W 1/2 OF THE SE 1/4 OF SECTION 5, T4N, R1E, BM,
CITY OF EAGLE, ADA COUNTY, IDAHO
c 1/4
8
POINT OF
BEGINNING
EASEMENT 1
AREA=2111 SF 1'1
C•4
4•▪ 4
LJ
C)
601.60'
POINT OF
BEGINNING
EASEMENT 2
AREA=2I SF
CC
L4-1
— J
170.63' W. FLOATING FEATHER ROAD 4
LINE TABLE
LINE #
LENGTH
DIRECTION
Li
136.57'
N1'45'21"W
L2
128.03'
S1 '45'21"E
L3
17.48'
S6430'17"W
L4
118.19'
N57'5515E
L5
20.19
S5317'331
L6
120.23'
S57'55'15"W
0' 60' 120' 240'
S89'17'43E 2668.93'
BASIS OF BEARING
CURVE TABLE
CURVE #
LENGTH
RADIUS
DELTA
BEARING
CHORD
C1
16.12'
59.50'
1531'23"
58622`20"E
16.07'
C2
16.14'
123.50'
7'29'19"
N24'47'34"W
16.13'
C3
13.97'
71.81'
11'08'33"
N63'29'31E
13.94'
C4
21.73'
55.81'
22'18'23"
S6904'26"W
21.59'
Land Surveying and nsu *ng
231 E. 5TH ST., STE. A
MERIDIAN. ID 83842
(208) 288-2040 (208) 2E38-2557 fax
vnAn.v.lancisolutionsiaiz
ji)3 NO. 17-54