Easement - Williamson River Ranch LLC - 2019 - Williamson River Ranch - Greenbelt Easement AgreementADA COUNTY RECORDER Phil McGrane 2019-030689
BOISE IDAHO Pgs=12 DAN RYALLS 04116!2019 12:18 NO EEM
CITY OF EAGLE
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00613303201900306890120121
(Reserved for Ada County Recorder)
PERMANENT GREENBELT EASEMENT AGREEMENT
THIS PERMANENT GREENBELT EASEMENT AGREEMENT (the
"Agreement"), made and entered into this 154day of April, 2019, by and between
WILLIAMSON RIVER RANCH, LLC, hereinafter referred to as "GRANTOR", and
CITY OF EAGLE, a body politic and corporate of the State of Idaho, by and through
its CITY COUNCIL, the "GRANTEE";
W ITNESSETH:
FOR GOOD AND SUFFICIENT CONSIDERATION, IT IS AGREED:
SECTION 1. Recitals.
1.1 GRANTOR owns the real property located in Ada County, State of Idaho
as more particularly described on Exhibit "A" and depicted on Exhibit "B", which
exhibits are attached hereto and incorporated herein by this reference (hereinafter the
"Servient Estate").
1.2 GRANTEE desires to obtain a Greenbelt Easement for that purpose on,
under, over and across the Servient Estate. On the terms and conditions hereinafter set
forth, GRANTOR is willing to grant such easement to GRANTEE.
1.3 The desired Greenbelt Easement is a twenty -foot (20') wide strip of land
that is a portion of the Servient Estate located within Williamson River Ranch
Subdivision.
SECTION 2. Grant and Authorized Use: Use not Exclusive.
2.1 On the terms and conditions hereinafter set forth, GRANTOR hereby grants to
GRANTEE a perpetual Greenbelt Easement on, under, over and across the Servient
Estate for the following uses and purposes and no others:
(a) To be used for a public non -motorized, biking and pedestrian pathway (the
"Pathway") that allows the public to bike or walk on the Greenbelt Easement.
2.2 This Agreement does not extend to GRANTEE the right to use the surface
of the Servient Estate to the exclusion of GRANTOR, and GRANTEE's rights under
this Agreement are subject to the rights of the GRANTOR and GRANTOR's guests,
invitees, agents and contractors to use and enjoy the surface of the Servient Estate
provided the structural integrity or uninhibited use by the public of the Biking/Walking
Pathway is not compromised by such activities.
SECTION 3. Consideration.
This easement for the greenbelt pathway is granted in accordance with the
provisions of Section 3.14 of the Development Agreement previously executed between
GRANTOR and GRANTEE and recorded as Instrument No. 2017-032374, on April 14,
2017, in the Official Records of Ada County, Idaho.
SECTION 4. Maintenance
GRANTEE shall maintain the physical integrity of the Greenbelt Easement in
good condition and repair and as required to satisfy all requirements of applicable laws,
the policies of GRANTEE and sound engineering practices.
SECTION 5. Compliance with the Law.
In its use of the Servient Estate, GRANTEE hereby covenants and agrees to
comply in all respects with any and all federal, state and local statutes, law, ordinances,
codes, policies, rules and regulations.
SECTION 6. Indemnification.
GRANTEE hereby indemnifies and saves and holds GRANTOR harmless from
and against any and all claims for loss, injury, death or damage, and reasonable
attorney's fees and costs that may be incurred by GRANTOR in defending such claims,
caused by or arising out of any repair or maintenance of the Greenbelt Pathway on the
Servient Estate, thereof by or under the authority of GRANTEE.
SECTION 7. Covenants Run with the Land.
This Agreement shall be a burden upon the Servient Estate and shall be
appurtenant to and for the benefit of the Dominant Estate, and shall run with the land.
SECTION 8. Exhibits.
All exhibits attached hereto and the recitals contained herein are incorporated
herein as if set forth in full herein.
SECTION 9. Successors and Assigns.
This Agreement, the permanent easement herein granted, and the covenants and
agreements herein contained shall inure to the benefit of and be binding upon the parties
hereto and their successors and assigns to the Servient and Dominant Estate.
SECTION 10. Recordation.
This Agreement shall be recorded in the Official Real Property Records of Ada
County, Idaho.
SECTION 11. 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.
IN WITNESS WHEREOF, the undersigned have caused this Agreement to be
executed the day, month and year first set forth above.
GRANTOR: GRANTEE:
WILLIAMSON RIVER RANCH LLC, an
Idaho limited liability company
By: Stoddard Property Investment Limited
Partnership, an Idaho limited partnership
Its: Manager
By: Stoddard Investment Management
LLC, an Idaho limitd liability company
Its: General Partner
By:
(
Jeffry L7Steiddard, ManAger
City of Eagle, a municipal corporation of
the State of Idaho
By: C� I
Stan Ridgeway, Mayo
ATTEST: AU
Sharon K. Bergmann, City Clerk
STATE OF IDAHO
: ss.
County of Ada
I tD�
On this /6 day of 11 , 8, before the undersigned notary public in and
for the said state, personally appeared STAN RIDGEWAY, known or identified to me
to be the Mayor of the City of Eagle and the person who executed the foregoing
instrument on behalf of said City and acknowledged to me that said City executed the
same.
IN WITNESS WHEREOF, I have hereunto set my hand and seal the day and year first
above written.
SHERI HORTON
COMMISSION #38002
NOTARY PUBLIC
STATE OF IDAHQ,
MY COMMISSION EXPIRES' 'Lite-ayo
Notary for Idaho
Residing at: kid gY'ii i ILLI.
My Commission Expires: 9- AZO
STATE OF IDAHO )
ss.
County of Ada )
II�
On this (4 141 day of r i 1 , 2411, before me, the
undersigned, a Notary Public in and for sal State, personally appeared JEFFRY L. STODDARD,
known or identified to me to be the Managing Member of Stoddard Investments Management
LLC, a limited liability company and the General Partner of Stoddard Property Investment Limited
Partnership, a limited partnership and the Managing Member of WILLIAMSON RIVER RANCH
LLC, a limited liability company, and the managing member who subscribed said limited liability
company name to the foregoing instrument, and acknowledged to me that he executed the within
instrument on behalf of said limited liability company, and that such member executed the same
in said limited partnership name, and that such limited partnership executed the same in said
limited liability company name.
IN WITNESS WHEREOF, I have hereur/o set hand and affixed my official seal the
day and year in this certificate first above writte
• •
rNOTA R Y
(PUBUC :
Not. ''ublic 1'95. Idaho
Re ng at t 6
My commission expires: DI ••n '--ZO-?I
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� LAND
GROUP
April 2, 2019
Project No.: 118045
WILLIAMSON RIVER RANCH SUBDIVISION
CITY OF EAGLE PATHWAY EASEMENT DESCRIPTION
LEGAL DESCRIPTION
Page 1
A parcel of land located in the West 1/2 of the SW 1/4 of Section 15, the East 1/2 of the SE 1/4 of
Section 16 and Government Lot 4 of Section 22, all in Township 4 North, Range 1 East, Boise Meridian,
City of Eagle, Ada County, Idaho, being more particularly described as follows:
Commencing at the Section Corner common to Sections 15, 16, 21 and 22 of said Township 4 North,
Range 1 East, (from which point the One Quarter Section Corner common to said Sections 15 and 22
bears South 89°46'57" East, 2652.26 feet distant);
Thence from said Section Corner, North 00°47'54" East, a distance of 1715.86 feet on the Section Line
common to said Sections 15 and 16 to a point of curve, said point being the POINT OF BEGINNING;
Thence 32.01 on the arc of a curve to the left, said curve having a radius of 371.41 feet, a central
angle of 04° 56' 14", a chord bearing of North 68° 58' 18" West, and a chord length of 32.00 feet
to a point of reverse curve;
Thence 242.88 on the arc of a curve to the right, said curve having a radius of 853.75 feet, a
central angle of 16° 17' 59", a chord bearing of North 63° 17' 26" West, and a chord length of
242.06 feet to a point of reverse curve;
Thence 352.93 on the arc of a curve to the left, said curve having a radius of 419.75 feet, a
central angle of 48° 10' 30", a chord bearing of North 790 13' 41" West, and a chord length of
342.63 feet to a point of reverse curve;
Thence 189.34 on the arc of a curve to the right, said curve having a radius of 108.00 feet, a
central angle of 100° 26' 55", a chord bearing of North 53° 05' 28" West, and a chord length of
166.01 feet to a point of reverse curve;
Thence 94.44 on the arc of a curve to the left, said curve having a radius of 87.23 feet, a central
angle of 62° 01' 49", a chord bearing of North 33° 52' 56" West, and a chord length of 89.90 feet
to a point on the easterly boundary line of Riversend Subdivision No. 2;
Thence North 000 00' 53" East, a distance of 21.65 feet on the easterly boundary line of
Riversend Subdivision No. 2 to a point of curve;
Thence 125.29 on the arc of a curve to the right, said curve having a radius of 107.23 feet, a
central angle of 66° 56' 27", a chord bearing of South 36° 20' 15" East, and a chord length of
118.28 feet to a point of reverse curve;
Thence 154.28 on the arc of a curve to the left, said curve having a radius of 88.00 feet, a central
angle of 100° 26' 55", a chord bearing of South 53° 05' 28" East, and a chord length of 135.27
feet to a point of reverse curve;
Thence 369.75 on the arc of a curve to the right, said curve having a radius of 439.75 feet, a
central angle of 48° 10' 30", a chord bearing of South 79° 13' 41" East, and a chord length of
358.95 feet to a point of reverse curve;
462 East Shore Drive Suite X00. Eagle. Idaho 83616 208 939 4041 thelandgroupinc com
April 2, 2019
Page 2
Thence 237.19 on the arc of a curve to the left, said curve having a radius of 833.75 feet, a
central angle of 16° 17' 59", a chord bearing of South 63° 17' 26" East, and a chord length of
236.39 feet to a point of reverse curve;
Thence 69.42 on the arc of a curve to the right, said curve having a radius of 391.41 feet, a
central angle of 10° 09' 44", a chord bearing of South 66° 21' 33" East, and a chord length of
69.33 feet to a point of compound curve;
Thence 32.16 on the arc of a curve to the right, said curve having a radius of 60.00 feet, a central
angle of 30° 42' 29", a chord bearing of South 45° 55' 27" East, and a chord length of 31.77 feet
to a point on the Left Bank of the North Channel of the Boise River;
Thence on the Left Bank of the North Channel of the Boise River for the following courses and
distances:
Thence South 07° 10' 08" West, a distance of 27.16 feet;
Thence South 20° 58' 06" East, a distance of 76.32 feet;
Thence South 39° 17' 09" East, a distance of 55.13 feet;
Thence South 84° 07' 30" East, a distance of 98.25 feet to a point of curve;
Thence leaving said Left Bank of the North Channel of the Boise River, 9.46 on the arc of a curve
to the right, said curve having a radius of 105.00 feet, a central angle of 05° 09' 45", a chord
bearing of South 63° 52' 26" East, and a chord length of 9.46 feet;
Thence South 61° 17' 33" East, a distance of 45.40 feet to a point of curve;
Thence 35.39 on the arc of a curve to the right, said curve having a radius of 210.00 feet, a
central angle of 09° 39' 19", a chord bearing of South 56° 27' 54" East, and a chord length of
35.35 feet;
Thence South 51° 38' 15" East, a distance of 59.18 feet to a point of curve;
Thence 113.87 on the arc of a curve to the left, said curve having a radius of 490.00 feet, a
central angle of 13° 18' 52", a chord bearing of South 58° 17' 41" East, and a chord length of
113.61 feet to a point of reverse curve;
Thence 102.17 on the arc of a curve to the right, said curve having a radius of 1010.00 feet, a
central angle of 05° 47' 46", a chord bearing of South 62° 03' 14" East, and a chord length of
102.13 feet;
Thence South 59° 09' 21" East, a distance of 194.30 feet to a point of curve;
Thence 65.73 on the arc of a curve to the right, said curve having a radius of 110.00 feet, a
central angle of 340 14' 21", a chord bearing of South 42° 02' 10" East, and a chord length of
64.76 feet;
Thence South 24° 54' 59" East, a distance of 77.10 feet to a point of curve;
Thence 71.33 on the arc of a curve to the left, said curve having a radius of 190.00 feet, a central
angle of 21° 30' 40", a chord bearing of South 35° 40' 19" East, and a chord length of 70.92 feet
to a point of reverse curve;
Thence 43.62 on the arc of a curve to the right, said curve having a radius of 310.00 feet, a
central angle of 08° 03' 45", a chord bearing of South 42° 23' 47" East, and a chord length of
43.59 feet;
Thence South 38° 21' 54" East, a distance of 234.92 feet to a point of curve;
Thence 106.41 on the arc of a curve to the right, said curve having a radius of 210.00 feet, a
central angle of 29° 01' 56", a chord bearing of South 23° 50' 57" East, and a chord length of
105.27 feet;
Thence South 09° 19' 59" East, a distance of 413.99 feet to a point of curve;
Of
Site Planning • Landscape Architecture • Civil Engineering • Surveying
462 E. Shore Drive, Suite 100 • Eagle, Idaho 83616 • P 208.939.4041 • www.thelandgroupinc.com
April 2, 2019
Page 3
Thence 39.00 on the arc of a curve to the left, said curve having a radius of 190.00 feet, a central
angle of 11° 45' 41", a chord bearing of South 15° 12' 49" East, and a chord length of 38.93 feet
to a point of reverse curve;
Thence 61.80 on the arc of a curve to the right, said curve having a radius of 210.00 feet, a
central angle of 16° 51' 37", a chord bearing of South 12° 39' 51" East, and a chord length of
61.57 feet;
Thence South 04° 14' 02" East, a distance of 47.91 feet to a point of curve;
Thence 122.45 on the arc of a curve to the left, said curve having a radius of 140.00 feet, a
central angle of 50° 06' 52", a chord bearing of South 29° 17' 28" East, and a chord length of
118.59 feet;
Thence South 54° 20' 54" East, a distance of 99.71 feet to a point of curve;
Thence 59.20 on the arc of a curve to the right, said curve having a radius of 110.00 feet, a
central angle of 30° 50' 05", a chord bearing of South 38° 55' 51" East, and a chord length of
58.49 feet to a point on the easterly boundary line of Government Lot 5 of said Section 15;
Thence South 00° 42' 34" West, a distance of 11.64 feet on the easterly boundary line of
Government Lot 5 of said Section 15 to the southeast corner of Government Lot 5 of said
Section 15 and the northeast corner of Government Lot 4 of said Section 22;
Thence South 01° 14' 28" West, a distance of 513.21 feet to the southeast corner of Parcel E as
shown on Record -of -Survey Number 10865 of Ada County Records;
Thence North 63° 28' 38" West, a distance of 11.06 feet on the southerly boundary line of said
Parcel E;
Thence North 01° 14' 28" East, a distance of 474.07 feet to a point of curve;
Thence 87.32 on the arc of a curve to the left, said curve having a radius of 90.00 feet, a central
angle of 55° 35' 21", a chord bearing of North 26° 33' 13" West, and a chord length of 83.93 feet;
Thence North 540 20' 54" West, a distance of 99.71 feet to a point of curve;
Thence 139.95 on the arc of a curve to the right, said curve having a radius of 160.00 feet, a
central angle of 50° 06' 52", a chord bearing of North 29° 17' 28" West, and a chord length of
135.53 feet;
Thence North 04° 14' 02" West, a distance of 47.91 feet to a point of curve;
Thence 55.91 on the arc of a curve to the left, said curve having a radius of 190.00 feet, a central
angle of 16° 51' 37", a chord bearing of North 12° 39' 51" West, and a chord length of 55.71 feet
to a point of reverse curve;
Thence 43.11 on the arc of a curve to the right, said curve having a radius of 210.00 feet, a
central angle of 11° 45' 41", a chord bearing of North 15° 12' 49" West, and a chord length of
43.03 feet;
Thence North 09° 19' 59" West, a distance of 413.99 feet to a point of curve;
Thence 96.27 on the arc of a curve to the left, said curve having a radius of 190.00 feet, a central
angle of 29° 01' 56", a chord bearing of North 23° 50' 57" West, and a chord length of 95.25 feet;
Thence North 38° 21' 54" West, a distance of 234.92 feet to a point of curve;
Thence 40.81 on the arc of a curve to the left, said curve having a radius of 290.00 feet, a central
angle of 08° 03' 45", a chord bearing of North 42° 23' 47" West, and a chord length of 40.77 feet
to a point of reverse curve;
Thence 78.84 on the arc of a curve to the right, said curve having a radius of 210.00 feet, a
central angle of 21° 30' 40", a chord bearing of North 35° 40' 19" West, and a chord length of
78.38 feet;
0
Site Planning • Landscape Architecture • Civil Engineering • Surveying
462 E. Shore Drive, Suite 100 • Eagle, Idaho 83616 • P 208.939.4041 • www.thelandgroupinc.com
April 2, 2019
Page 4
Thence North 24° 54' 59" West, a distance of 77.10 feet to a point of curve;
Thence 53.78 on the arc of a curve to the left, said curve having a radius of 90.00 feet, a central
angle of 34° 14' 21", a chord bearing of North 42° 02' 10" West, and a chord length of 52.99 feet;
Thence North 590 09' 21" West, a distance of 194.30 feet to a point of curve;
Thence 100.15 on the arc of a curve to the left, said curve having a radius of 990.00 feet, a
central angle of 050 47' 46", a chord bearing of North 62° 03' 14" West, and a chord length of
100.11 feet to a point of reverse curve;
Thence 118.51 on the arc of a curve to the right, said curve having a radius of 510.00 feet, a
central angle of 13° 18' 52", a chord bearing of North 58° 17' 41" West, and a chord length of
118.25 feet;
Thence North 51038' 15" West, a distance of 59.18 feet to a point of curve;
Thence 32.02 on the arc of a curve to the left, said curve having a radius of 190.00 feet, a central
angle of 09° 39' 19", a chord bearing of North 56° 27' 54" West, and a chord length of 31.98 feet;
Thence North 61° 17' 33" West, a distance of 45.40 feet to a point of curve;
Thence 21.13 on the arc of a curve to the left, said curve having a radius of 85.00 feet, a central
angle of 14° 14' 29", a chord bearing of North 68° 24' 48" West, and a chord length of 21.07 feet;
Thence North 84° 07' 30" West, a distance of 85.68 feet;
Thence North 39° 17' 09" West, a distance of 64.31 feet;
Thence North 20° 58' 06" West, a distance of 82.91 feet;
Thence North 07° 10' 08" East, a distance of 19.17 feet to a point of non -tangent curve;
Thence 21.14 on the arc of a curve to the left, said curve having a radius of 40.00 feet, a central
angle of 30° 16' 47", a chord bearing of North 46° 08' 18" West, and a chord length of 20.89 feet
to a point of compound curve;
Thence 33.87 on the arc of a curve to the left, said curve having a radius of 371.41 feet, a central
angle of 05° 13' 30", a chord bearing of North 63° 53' 26" West, and a chord length of 33.86 feet
to the POINT OF BEGINNING.
PREPARED BY:
The Land Group, Inc.
James R. Washburn
O
Site Planning • Landscape Architecture • Civil Engineering • Surveying
462 E. Shore Drive, Suite 100 • Eagle, Idaho 83616 • P 208.939.4041 • www.thelandgroupinc.com
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Exhibit "B" 5.21 S.22
Horizontal Scale: 1' = 200'
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Project No.: 118045
Date of Issuance: 4.1.2019
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Project No.: 118045
Date of Issuance: 4.1.2019
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Curve Table Curve Table
CURVE LENGTH RADIUS DELTA CHORD BEARING CHORD LENGTH
C1 32.01' 371.41' 4°5614" N68°5818"W 32.00'
C2 242.88' 853.75' 1617'59" N63°17'26"W 242.06'
C3 352.93' 419.75' 48°10'30' N79°13'41'W 342.63'
C4 189.34' 108.00' 100°26'55' N53°05'28"W 166.01'
C5 94.44' 87.23' 62°01'49' N33°52'56"W 89.90'
C6 125.29' 107.23' 66°56'27" S36°20'15"E 118.28'
C7 154.28' 88.00' 100°26'55" S53°0528"E 135.27'
C8 369.75' 439.75' 48°10'30" S79°13'41 "E 358.95'
C9 237.19' 833.75' 16°17'59' S63°17261 236.39'
C10 69.42' 391.41' 10°09'44' S66°21'33°E 69.33'
C11 32.16' 60.00' 30°42'29" S45°5527"E 31.77'
C12 9.46' 105.00' 5°09'45" S63°52'26"E 9.46'
C13 35.39' 210.00' 919'19" S56°27'54"E 35.35'
C14 113.87' 490.00' 13°18'52' S58°17'41"E 113.61'
C15 102.17' 1010.00' 5°47'46" S62°03'14"E 102.13'
C16 65.73' 110.00' 34°14'21" S42°02'10"E 64.76'
C17 71.33' 190.00' 21°30'40" S35°4019"E 70.92'
C18 43.62' 310.00' 8°03'45" S42°23'471 43.59'
C19 106.41' 210.00' 29°01'56" S23°50'57"E 105.27'
C20 39.00' 190.00' 11°45'41' S15°12'49'E 38.93'
Exhibit "B" Curve Tables
CURVE LENGTH RADIUS DELTA CHORD BEARING CHORD LENGTH
C21 61.80' 210.00' 16°51'37" S12°39'51 "E 61.57'
C22 122.45' 140.00' 50°06'52" S291728"E 118.59'
C23 59.20' 110.00' 30°50'05' S38°55'51 "E 58.49'
C24 87.32' 90.00' 55°35'21' N26°33'13'W 83.93'
C25 139.95' 160.00' 50°06'52" N29°17281W 135.53'
C26 55.91' 190.00' 16°51'37" N12°39'51"W 55.71'
C27 43.11' 210.00' 11°45'41" N15°12'49"W 43.03'
C28 96.27' 190.00' 29°01'56" N23°50'57'W 95.25'
C29 40.81' 290.00' 8°03'45' N42°23'47'W 40.77'
C30 78.84' 210.00' 21°30'40" N35°40191V 78.38'
C31 53.78' 90.00' 34°14'21" N42°0210"W 52.99'
C32 100.15' 990.00' 5°47'46" N62°0314"W 100.11'
C33 118.51' 510.00' 13°18'52" N58°17'41'W 118.25'
C34 32.02' 190.00' 9°39'19" N56°27'54'W 31.98'
C35 21.13' 85.00' 14°1429" N68°24'48'W 21.07'
C36 21.14' 40.00' 30°16'47' N46°08'18'W 20.89'
C37 33.87' 371.41' 5°13'30" N63°53'26"W 33.86'
Project No.: 118045
Date of Issuance: 4.1.2019
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L1
L2
L3
L4
L5
L6
L7
L8
L9
L10
Exhibit "B" Line Tables
Une Table
BEARING
N00°00'531
S07°10'08"W
S20°58'061
S39°17'09"E
S84°07'30"E
S61°17'331
551°38'15"E
559°09'21"E
S24°54'59"E
S38°21'54"E
LENGTH
21.65'
27.16'
76.32'
55.13'
98.25'
45.40'
59.18'
194.30'
77.10'
234.92'
LINE
Une Table
BEARING
L11 S09°19'59"E
L12 SO4°14'02"E
L13 554°20'54"E
L14 500°42'34"W
L15 S01°1428•W
L16 N63°28'38'W
L17 N01°14'28'E
L18 N54°20'54"W
L19 N04°14'02' W
L20 N09°19'59"W
LENGTH
413.99'
47.91'
99.71'
11.64'
513.21'
11.06'
474.07'
99.71'
47.91'
413.99'
UNE
L21
L22
L23
L24
L25
L26
L27
L28
L29
Lina Table
BEARING
N38°21'54"W
N24°54'59"W
N59°09'21 "W
N51 °38'15"W
N61 °17'33"W
N84°07'30'W
N39°17'09'W
N20°58'06"W
N07°10'08"E
LENGTH
234.92'
77.10'
194.30'
59.18'
45.40'
85.68'
64.31'
82.91'
19.17'
Project No.:118045
Date of Issuance: 4.1.2019
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