Easement - Downs Investments, LLC - 2025 - 221 S Eagle Rd - Permanent EasementAda County Recorder Trent Tripple 2025-031534
Boise, Idaho Pgs= 5 boberbillig 05/21/2025 02:59:14 PM
CITY OF EAGLE $22.00
Electronically Recorded
PERMANENT EASEMENT AGREEMENT
THIS PERMANENT EASEMENT AGREEMENT is made and entered into this
day of May, 2025, by and between DOWNS INVESTMENTS, LLC, an Idaho limited liability
company, referred to as "Grantor", and the CITY OF EAGLE, an Idaho municipal corporation
whose address is 660 E. Civic Lane, Eagle, Idaho, 83616, hereinafter referred to as "Grantee".
RECITALS
WHEREAS Grantor is the owner of certain real property situated in the City of Eagle, Ada
County, Idaho, hereinafter referred to as the "Grantor's Property", and more particularly described
in Exhibit "1" hereto.
WHEREAS Grantor and Grantee desire to establish a temporary construction easement
across Grantor's Property.
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:
1. Grant of Easement: Grantor hereby grants and conveys to Grantee a temporary
construction easement over, on, across, and through the Grantor's Property as described in in Exhibit
"2" and graphically depicted on the map as the Temporary Easement in Exhibit "3" attached hereto
and incorporated herein (the "Temporary Easement").
2. Purpose of Easement: The Temporary Easement granted herein shall be used solely for the
purposes of allowing Grantee to complete construction of a public right-of-way.
3. No Easement Obstructions: Grantor shall not locate any structures, fences, improvements or
park any vehicles within the Temporary Easement.
4. Tenn: The term of this Agreement shall expire upon the completion of the right-of-way
construction project or January 1, 2035 whichever is earlier.
5. Covenants Run with the Land: The covenants contained in this Agreement and the
Temporary Easement granted herein shall be a burden upon the Grantor's Property and shall inure
to the benefit of and be binding upon the parties hereto and their successors and assigns during the
term of the Temporary Easement.
6. Relocation: Grantor may not relocate the Temporary Easement without the written consent
of Grantee, its successors or assigns.
7. Incorporation of Exhibits and Recitals: All Exhibits attached hereto, and the Recitals
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contained herein are incorporated herein as if set forth in full herein.
8. Remedies: In the event of a breach of this Agreement by any party, the non -breaching party
shall have all remedies available at law or in equity including injunctive relief. The prevailing party
in any claims or disputes arising out of this Agreement shall be entitled to recover reasonable
attorney's fees in addition to other relief which a court of competent jurisdiction may award
9. Recordation: This Agreement shall be recorded in the Official Real Property Records of
Ada County, Idaho.
10. Governing Law, Jurisdiction, and Venue: Notwithstanding any claim or cause of action,
the liability of Grantee is at all times herein strictly limited and controlled by the provisions of the
Idaho Tort Claims Act, as now or hereinafter amended. Nothing herein shall be deemed a waiver of
any privilege, immunity, protection or defense afforded the City of Eagle as a political subdivision
of the State of Idaho, under the Idaho Constitution, the Idaho Tort Claims Act, or any other applicable
law. 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
IN WITNESS WHEREOF, the parties hereto have caused this Permanent Easement Agreement
to be executed on the day and year first above written.
"GRANTOR"
Downs Investments, LLC
Debi Downs, Member
STATE OF IDAHO )
ss.
County of Ada )
On this 'day of May, 2025, before me, the undersigned, a Notary Public in and for
said state, personally appeared Debi Downs, known or identified to me to be a Member of Downs
Investments, LLC an Idaho limited liability company, who subscribed said company's name to the
foregoing instrument, and acknowledged to me that she executed the within instrument on behalf
of said company.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day
and year in this certificate first above written.
Notary f 1 o
Residing at: ce..
?Commission Expires: D?/0149036
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Exhibit 1
(Legal Description of Grantor's Parcel)
LEGAL DESCRIPTION FOR
Downs Investments LLC
Adjusted Parcel "1"
A portion of the Southeast 1.14 of the Southeast 1/4, of Section 8, Township 4 North, Range 1 East, Boise
Meridian, Ada County, Idaho. Being Further described as follows:
BASIS OF BEARING:
The East Line of the Southeast 1/4 of said Section 8, Township 4 North, Range 1 East, Boise Meridian
derived from found monuments and taken as South 01°03'36" West with the distance between
monuments found to be 2636.56 feet.
Commencing at the East 1/4 corner of Section 8, Township 4 North, Range 1 East, Boise Meridian Ada
County Idaho
Thence along the East line of said Section 8 South 01'03'36" West a distance of 2,213.08 feet
Thence leaving said East line, North 88'59'10- West a distance of 48.00 feet to the Point of beginning;
thence South 01°0336" West, a distance of 49.97 feet;
thence North 88°5726" West, a distance of 170.12 feet;
thence continue Westerly along said line, a distance of 8.15 feet;
thence North 57'2811" West, a distance of 3.63 feet;
thence North 21°3706" West, a distance of 7.12 feet;
thence Northwesterly, along a non -tangent curve to the right with a radius of 167.25 feet, a central angle
of 08°19'02", an arc length of 24.28 feet and a chord bearing of North 50'4640" West, a distance of
24.26 feet;
thence along a line non -tangent to said curve, North 81°1248" West, a distance of 5.95 feet;
thence North I0°57'35" East. a distance of 21.79 feet;
thence North 56°1203" West, a distance of 7.66 feet:
thence South 88'5910" East, a distance of 18.29 feet;
thence continue Easterly along said line, a distance of 193.49 feet to the POINT OF BEGINNING.
Said parcel containing 9,940 square feet or 0.23 acres, more or less and is subject to all existing
easements and/or rights -of -way of record or implied.
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Exhibit 2
(Legal Description of Temporary Easement)
LEGAL DESCRIPTION FOR
Temporary Easement
A portion of the Southeast 1/4 of the Southeast 1/4, of Section 8, Township 4 North, Range 1 East, Boise
Meridian, Ada County, Idaho. Being Further described as follows:
BASIS OF BEARING:
The East Line of the Southeast 1/4 of said Section 8, Township 4 North, Range 1 East, Boise Meridian
derived from found monuments and taken as South 0l°03'36" West with the distance between
monuments found to be 2636.56 feet.
Commencing at the East 1/4 corner of Section 8, Township 4 North, Range 1 East, Boise Meridian Ada
County Idaho
thence alone. the East line of said Section 8 South 01°03'36" West a distance of 2,213.08 feet:
thence leaving said East line, North 88°59' 10" West a distance of 48.00 feet:
thence South 01°03'36" West a distance of 49.97 feet:
thence South 88°57'26" East a distance of 170.12 feet to the Point of beginning;
thence North 88°57'26" West, a distance of 8.15 feet;
thence North 57°28' l 1 " West, a distance of 3.63 feet;
thence North 21°37'06" West, a distance of 7.12 feet;
thence Northwesterly, along a non -tangent curve to the right with a radius of 167.25 feet, a central angle
of 08° 19'02", an arc length of 24.28 feet and a chord bearing of North 50°46'40" West, a distance of
24.26 feet;
thence along a line non -tangent to said curve, North 21 ° 12'31 " East, a distance of 2.10 feet:
thence South 50°46'40" East, a distance of 41.13 feet to the POINT OF BEGINNING.
Said parcel containing 114 square feet or 0.00 acres, more or less and is subject to all existing easements
and/or rights -of -way of record or implied.
END OF DESCRIPTION.
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