The URL can be used to link to this page

Easement - Levandoske, Broich, City of Eagle - 2025 - Bogus Ridge Lot 11 Pathway - Bogus Ridge Subdivision Pathway Aquisition & Quit Claim Deeds - LevandoskePROPERTY BOUNDARY ADJUSTMENT AND PATHWAY ACQUISITION AGREEMENT THIS PROPERTY BOUNDARY ADJUSTMENT AND PATHWAY ACQUISITION AGREEMENT ("Agreement") is made as of the date last set forth below (the "Effective Date"), by and between Calyn R. Levandoske and Piper S. Levandoske, husband and wife ("Levandoske"), James W. Broich and Debra M. Broich, husband and wife ("Broich"), and the City of Eagle ("City"). Levandoske, Broich, and City are collectively referred to herein as the "Parties", and individually as a "Party". RECITALS A. Levandoske is the record owner of certain real property located in Ada County, Idaho, more commonly known as "Lot 11" and "Lot 12" of Bogus Ridge Subdivision (the "Subdivision"), as depicted on the plat thereof, filed in Book 60 of Plats, at Pages 5981 and 5982, records of Ada County, Idaho (the "Plat"). City is the owner of "Lot 13" of the Subdivision, as depicted on the Plat. Broich is the owner of "Lot 14" of the Subdivision, as depicted on the Plat. B. Pursuant to the Plat, Lots 9 and 13 are designated as a pedestrian pathway to be constructed, owned, and maintained by the City (the "Pathway"). C. Levandoske and Broich desire to perform a property boundary adjustment ("Property Boundary Adjustment") to reconfigure the boundaries of Lots 12, 13, and 14 to better reflect on -site conditions, including the location of Dry Creek. In addition, the Pathway currently does not connect because there is a gap between Lots 9 and 13. In connection with the Property Boundary Adjustment, the City desires to acquire a portion of Lot 11 to permit a connection between Lots 9 and 13 (the "Lot 11 Pathway Parcel"). D. For the consideration set forth herein, the Parties are entering into this Agreement in order to identify the terms and conditions under which the Property Boundary Adjustment will be accomplished and the terms under which Levandoske shall convey the Lot 11 Pathway Parcel to the City. AGREEMENT NOW, THEREFORE, for good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged and agreed, and in consideration of the recitals above, which are incorporated herein, and the premises and the mutual representations, covenants, undertakings and agreements hereinafter contained, the parties agree as follows: ARTICLE I Property Boundary Adjustment; Preparation of Lot 11 Pathway Parcel 1.1 Preparation of Record of Survey. Levandoske shall be responsible for preparation of survey materials necessary for processing the Property Boundary Adjustment, which shall include identification of the location and legal description of the Lot 11 Pathway Parcel (the "Record of Survey"), a true and accurate copy of which is attached as Exhibit A and made a part hereof. The Parties have reviewed and hereby approve the Record of Survey, subject to City administrative approval of the Application, defined below. 1.2 Contents of Record of Survey. The Record of Survey includes all legal descriptions and graphical depictions necessary for the City to process the Property Boundary Adjustment. Without limiting the foregoing, the Record of Survey includes: (i) graphical depiction of the resulting boundaries of modified Lots 11 and 12 (referred to herein as the "Levandoske Resulting Parcel"), modified Lot 13 (including the addition of the Lot 11 Pathway Parcel) (the "City Resulting Parcel"), and modified Lot 14 (the "Broich Resulting Parcel") (collectively, the "Resulting Parcels"); and (ii) legal descriptions of the Resulting Parcels. PROPERTY BOUNDARY ADJUSTMENT AND ACQUISITION AGREEMENT -1 4883-2755-9129, v. 3.1 As further depicted on Exhibit A, the Resulting Parcels include the following characteristics: (i) the Levandoske Parcel shall be extended to the south such that the current boundaries of Lots 11 and 12 shall be adjacent to the relocated City Resulting Parcel; (ii) the City Resulting Parcel shall be 25' wide and coincide generally with the northern boundary of Dry Creek as the City Resulting Parcel continues from the western boundary of the Plat, then extending northeast to connect to existing Lot 9 as depicted on the Plat; and (iii) the northern boundary of the Broich Resulting Parcel shall be moved south to coincide with the southern boundary of the City Resulting Parcel. 1.3 Submittal of Property Boundary Adjustment Application. Levandoske shall submit the necessary applications to obtain approval of the Property Boundary Adjustment (the "Application"). The City agrees to process the Application in accordance with its standard procedures with the following exception: in light of previously submitted (but not acted upon) applications by Levandoske, the City shall deem any application fees as having been satisfied by such prior application and will process the Application in an expedient manner so as to permit the timely closing of the present transaction. The City agrees and confirms that the Property Boundary Adjustment is the appropriate application in order to accomplish the intent of this Agreement and that, upon successful approval (in accordance with the City's standard processes) and recordation of the Record of Survey, each of the Resulting Parcels will be legal parcels eligible (where in private ownership) for building permits. No additional applications to the City shall be required in order to accomplish the foregoing, including, in particular, any subdivision application given that the Lot 11 Pathway Parcel is being dedicated to the City for use as pathway right-of-way. 1.4 Cooperation. Broich and City shall cooperate with Levandoske in connection with Levandoske's pursuit of the Property Boundary Adjustment and promptly sign any applications, consents or other documents reasonably requested by Levandoske for the Property Boundary Adjustment. 1.5 Recordation. The Parties agree that upon approval of the Property Boundary Adjustment by City, the documents creating the Resulting Parcels (including the Record of Survey) shall be recorded only in connection with the Closing, as further described in Article II, below. ARTICLE II Purchase and Sale 2.1 Purchase and Sale. Subject to and upon approval of the Property Boundary Adjustment by City, Levandoske agrees to sell, transfer and convey to City and City agrees to purchase and have transferred and conveyed, for the Purchase Price, defined below, the Lot 11 Pathway Parcel. The Parties furthermore agree to convey their respective interests in the Resulting Parcels, as applicable. 2.2 Purchase Price. As consideration for the Lot 11 Pathway Parcel, City shall pay to Levandoske at Closing, defined below, the amount of $9,002.00 ($3.50 per square foot * 2,572 sf) (the "Purchase Price"). Consideration for the real property to be quitclaimed by Broich in connection with the creation of the Resulting Parcels shall be paid by Levandoske to Broich per a separate agreement. 2.3 Status of Title. The Parties acknowledge that each will be acquiring their respective Resulting Parcel "as -is, where -is" and "with all faults" based on the condition of the property underlying the Resulting Parcel as of the date of this Agreement. The Parties' sole representation as to title is that any monetary liens associated with any of the Resulting Parcels owned by such Party shall be cleared as of Closing if such real property is included in a Resulting Parcel to be conveyed to any other Party. 2.4 Closing. Closing of the transaction contemplated by this Agreement ("Closing") shall occur within ten (10) business days of written approval by City of the Property Boundary Adjustment (the "Closing Date"). 2.5 Escrow and Costs/Prorations at Closing. Closing shall occur via exchange of the Purchase Price and the Deeds (defined below) and shall not be conducted through escrow. No escrow closing will be required. The City shall be responsible for recording of the Deeds. General real estate taxes PROPERTY BOUNDARY ADJUSTMENT AND ACQUISITION AGREEMENT - 2 4883-2755-9129, v. 3.1 and all other levies and charges against the property owned by Levandoske and Broich for the year of closing that are accrued but not yet due and payable shall be the obligation of the Party that owned such Property at the time of accrual; from the date of Closing, property taxes shall be the obligation of the Party acquiring such property. 2.6 Closing Deliverables. At Closing, the Parties shall deliver the following: A. Each of the Parties shall deliver to the remaining Parties quitclaim deeds (or, in the case of the City, a special warranty deed) conveying any and all interest of such Party in the Resulting Parcels to the appropriate Party, subject to the use restrictions described in Section 2.7, below (collectively, the "Deeds"); B. Levandoske shall deliver the Record of Survey in recordable form; and C. City shall deliver to Levandoske the Purchase Price. All of the documents and instruments to be delivered by the Parties shall be in form and substance reasonably satisfactory to counsel for the Parties. 2.7 Allowances and Restrictions on Use. The Parties acknowledge and agree that as of the Effective Date the Pathway has not been constructed by City and is not currently being used by the public. Nothing contained herein or in the Deeds shall restrict the right of Levandoske or Broich (or their successors in interest) to use the Pathway areas and the property acquired by the City in connection with this Agreement for any use that is not inconsistent with Pathway uses and the City agrees to execute and deliver a license in the form of a letter to Levandoske or Broich, as applicable, confirming the foregoing (the "License"). The License shall not permit installation of any permanent structures (i.e., with foundation) within property acquired by the City pursuant to this Agreement; however, Levandoske and Broich shall be permitted to maintain and install landscaping and other improvements in order to ensure such areas remain sightly and in a weed -free condition. Upon opening of the Pathway by City, the foregoing License shall terminate and City shall be responsible for all ongoing maintenance of the Pathway and the real property acquired by City pursuant to this Agreement. In addition, the Parties agree and acknowledge that Levandoske and Broich access their respective properties via driveway located on existing Lot 11. Accordingly, the Parties agree, as follows: (i) the Parties shall meet and confer prior to the construction of any pathway on the City Resulting Parcel and review the proposed signage for such pathways to ensure that impacts on the Levandoske and Broich Resulting Parcels can be reasonably minimized while still permitting the intended use of the City Resulting Parcel; and (ii) the Deed for the City Resulting Parcel shall specifically reserve an easement in favor of Levandoske and Broich and the property acquired by Levandoske and Broich, respectively, pursuant to this Agreement for the ongoing use of such driveway in its current configuration. Each of the foregoing obligations represent an ongoing obligation of the Parties that shall survive Closing. ARTICLE III Miscellaneous Provisions 3.1 Representations and Warranties. Each of the Parties hereby represents, warrants, and covenants that, as of the date hereof and as of the Closing Date: A. Duly Organized; Good Standing. That each Party has the full power and authority to: (i) enter into this Agreement; and (ii) carry out and consummate the transactions contemplated by this Agreement. B. Authority. That the execution and delivery of this Agreement by the signatories hereto, and the performance of this Agreement by the Parties, have been duly authorized. Neither the execution of this Agreement nor the consummation of the transactions contemplated hereby will: (i) result in a breach of or default under any agreement, document or instrument to which a Party is a party or by PROPERTY BOUNDARY ADJUSTMENT AND ACQUISITION AGREEMENT - 3 4883-2755-9129, v. 3.1 which a Party is bound; or (ii) violate any existing statute, restriction, order, writ, injunction or decree of any court, administrative agency or governmental body to which a Party is subject. C. Owner; Marketable Title. That each Party is and shall be the owner of marketable and insurable fee simple title to the portion of the Resulting Parcels conveyed, free and clear of all liens, encumbrances, covenants, conditions, restrictions, rights -of -way, easements, leases, tenancies, licenses, claims, options, options to purchase and any other matters affecting title, and those liens of a definite and ascertainable amount which shall be removed at Closing. There shall be no change in the ownership, operation or control of the Resulting Parcels from the date hereof to the Closing Date. D. No Mechanic's Liens. That there are and will be no unrecorded mechanic's or materialmen's liens or any claims for such liens affecting the Resulting Parcels, and as of the Closing Date, there will be no work or material performed or furnished for which payment will not have previously been made. E. No Brokers. Each of the Parties represents and warrants to the other that it has not incurred and will not incur any liability for finder's or brokerage fees or commissions in connection with this Agreement. It is agreed that if any claims for finder's or brokerage fees or commissions are ever made against a Party in connection with this transaction, all such claims shall be handled and paid by the Party (the "Committing Party") whose actions or alleged commitments form the basis of such claim. The Committing Party further agrees to indemnify and hold the other Parties harmless from and against any and all claims or demands with respect to any finder's or brokerage fees or commissions or other compensation asserted by any person, firm or corporation in connection with this Agreement or the transaction contemplated hereby. This representation shall survive Closing indefinitely. 3.2 Default. If a Party should fail to consummate the transaction contemplated herein for any reason other than failure of approval of the Applications, the non -defaulting Party or Parties may elect any one or more of the following remedies: (i) to enforce specific performance of this Agreement; (ii) to bring a suit for damages for breach of this Agreement in which event the defaulting Party shall reimburse the non - defaulting Party for its out-of-pocket expenses incurred with respect to this transaction, including reasonable attorney fees and inspection costs; and/or (iv) to pursue any and all remedies at law or equity. No delay or omission in the exercise of any right or remedy accruing to a Party upon a breach under this Agreement shall impair such right or remedy or be construed as a waiver of any such breach theretofore or thereafter occurring. The waiver by a Party of any condition or the breach of any term, covenant or condition herein contained shall not be deemed to be a waiver of any other term, covenant, condition or any subsequent breach of the same or any other term, covenant or condition contained herein. 3.3 Attorneys' Fees. If any Party shall default in the full and timely performance of this Agreement and said default is cured with the assistance of an attorney for the other Party and before the commencement of a suit thereon, as a part of curing said default, the reasonable attorneys' fees incurred by the other Party shall be reimbursed to the other Party upon demand. In the event that any Party to this Agreement shall file suit or action at law or equity to interpret or enforce this Agreement hereof, the unsuccessful Party to such litigation agrees to pay to the prevailing Party all costs and expenses, including reasonable attorneys' fees, incurred by the prevailing Party, including the same with respect to an appeal. 3.4 Time of Essence. All times provided for in this Agreement or in any other instrument or document referred to herein or contemplated hereby, for the performance of any act will be strictly construed, it being agreed that time is of the essence of this Agreement. 3.5 Representation by Counsel. All Parties have either: (i) been represented by separate legal counsel; or (ii) have had the opportunity to be so represented. Thus, in all cases, the language herein shall be construed simply and in accordance with its fair meaning and not strictly for or against a Party, regardless of which Party prepared or caused the preparation of this Agreement. PROPERTY BOUNDARY ADJUSTMENT AND ACQUISITION AGREEMENT - 4 4883-2755-9129, v. 3.1 3.6 Survival. The term, provisions,ond covenants (to the extent applicable) and indemnities shall survive Closing and delivery of the Deeds, and this Agreement shall not be merged therein, but shall narnoin binding upon and for the parties hereto until fully oboemed, kept or performed. 3.7 Notices. All notices given pursuant to this Agreement shall be in writing and shall be given bypersonal service, byUnited States mail orbyUnited States express mail orother established express delivery service (such as Federal Expneon), postage ordelivery charge pnepaid, return receipt requested, or by facsimile or by electronic mail ("Email") (provided, however, that the same notice will also be promptly sent by at least one other means allowed bythis Agreement) addressed to the appropriate party at the address set forth below: With ocopy to: Bnoich: 3.8 benefit ofthe 3.9 incorporated 3.10 constitute an Colynand Piper Levandoeke 2415 E. Beacon Light Road Eagle, |D83G1G pipedevondooke(o)_qmaiicom HetheC|mk Clark Wardle LLP 251 E. Front Street, SuKe31U Boise, |D83702 hn|ark(a-)c|adkwond|e.cnm James and Debra Broich 2409 E. Beacon Light Road Eagle, |D83018 City of Eagle Attn: Successors and Assigns. This Agreement shall be binding upon and ohoU inure to the parties hereto, and their respective heirs, personal representatives, successors and assigns. Recitals and Exhibits. The recitals and exhibits attached to this Agreement are into this Agreement as if set forth in full herein. Counterparts. This Agreement may be executed in counterpartm, each of which shall original, but all together shall constitute one and the same Agreement. 3'11 Governing Law. This Agreement shall begoverned by the laws of the State of Idaho. [end mftext; signaturestm PROPERTY BOUNDARY ADJUSTMENT AND ACQUISITION AGREEMENT '6 Date. IN WITNESS WHEREOF, the Parties hereto have executed this Agreement as of the Effective LEVANDOSKE: COLIN R. LEVANI?t}SKE Date: .7- 30 2- 5 135. CH: JAJIES W. BROICH Date: q-3/2 t IVY 1.149tc.,iiN DEBRA M. BROICH q Date: l /3D /z5 CITY: CITY OF EAGLE By: Name: ca4 Its: Date: 'a' PROPERTY BOUNDARY ADJUSTMENT AND ACQUISITION AGREEMENT - 6 4883-2755-9129, v. 3.1 RECORDING INDEX NO. 411-03 . a.w.00 gox Ero06 3 .0000.00 CC 0 Its \ PARCEL CLOSURES 2 0 0 0 § § EDGEMENT 0 k ! (\ EDGEMENT \ « SHEET 2 OF 2 §� \ u After Recording Return to: Clark Wardle LLP 251 E. Front Street, Suite 310 Boise, ID 83702 Ada County Recorder Trent Tripple 2025-065333 Boise, Idaho Pgs= 4 vbailey 10/06/2025 01:26:31 PM CLARK WARDLE LLP $15.00 Electronically Recorded FOR RECORDING INFORMATION QUITCLAIM DEED (Parcel A) FOR VALUE RECEIVED, Colyn R. Levandoske and Piper S. Levandoske, husband and wife; and James W. Broich and Debra M. Broich, husband and wife; and the City of Eagle, an Idaho municipal corporation (collectively, "Grantor"), do hereby CONVEY, RELEASE, REMISE and FOREVER QUITCLAIM unto Colyn R. Levandoske and Piper S. Levandoske, husband and wife, as community property with rights of survivorship, whose address is 2415 E. Beacon Light Road, Eagle Idaho 83616; and James W. Broich and Debra M. Broich, husband and wife, as community property with rights of survivorship, whose address is 2409 E. Beacon Light Road, Eagle, Idaho 83616, together as tenants in common (collectively, "Grantee") any and all right, title and interest that Grantor now has or ever had in and to the following described real property located in Ada County, State of Idaho, more particularly described on Exhibit A, attached hereto and made a part hereof, together with all appurtenances thereto. DATED this St .what'/ 30 , 2025. GRANTOR: COLYN R. LEVANDOSKE PI NDOSKE STATE OF IDAHO ) �`C'os. ) ss. County of ) This record was acknowledged before me on ,3410" 3 ° �O'4 ate) by .14erirrr Colyn R. Levandoske and Piper S. Levandoske, husband an ,,,,,,,, ••. i &,',• OTAR y s ND I;E •. ' . No a`' •:• R;„ :&;e140TARiA y`\3,,.• : : m.•.r• �*''•Ih ,,,,� [signatures • continue on following page] j, G • UBLI s o. • OF l QUITCLAIM DEED — PARCEL A —1 4929-1788-1686, v. 1.1 Signature of Notary Public 2'�'%2�'3 0 My commission expires Instrument # 2025-065333 10/06/2025 01:26:31 PM Page 2 of 4 GRANTOR: Jy'IIES W. BROICH ►tA l DEBRA M. BROICH STATE OF IDAHO ) ss. County of ) This record was acknowledged before me on '7'�~'30zaz ate) by James W. Broich and Debra M. Broich, husband and wife. Signature of Notary Public My commission expires ef24s(4O3s [signatures continue on following page] QUITCLAIM DEED - PARCEL A - 2 4929-1788-1686, v. 1.1 Instrument # 2025-065333 10/06/2025 01:26:31 PM Page 3 of 4 STATE OF IDAHO ) ss. County of Or,Ao latY On thistYlt( •�-,%��`-a" , before me, a Notary Public in and for said State, personally appeared Hon. Brad Pike known or identified to me to be the Mayor of the City of Eagle, and ''1YCk(;_ 5. ( jk1o,N, known or identified to me to be the City Clerk of the City of Eagle, and acknowledged to me that they executed the foregoing instrument on behalf of said municipal corporation, and that such municipal corporation executed the s -�_ ie. GRANTOR: CITY OF EAGLE, IDAHO, an Idaho municipal corporation Name: 12-DYtt. A ?1 Its: Mayor ATTEST: Sign ure of Notary Public My c,mmission expires Z� QUITCLAIM DEED - PARCEL A - 3 4929-1788-1686, v. 1.1 Instrument # 2025-065333 10/06/2025 01:26:31 PM Page 4 of 4 EXHIBIT A Legal Description item, ACKERMAN *gm ESTVOLD Project No.: 4922 Date. March 23, 2022 Revised, May 14, 2025 WWW,AC K ER M A N -ESTVO ID ,CO M DESCRIPTION FOR PARCEL A — BROICFREVANDOSKE ACCESS PARCEL A parcel of land being a portion of Lots 11 and 14 of Block 1 o Bogus Ridge Subdivision, as fileo for record in the office of the Ada County Reoordor, Boise, Idaho in Book 60 of Plats al page 5981, as shown on Record of Survey No. 15039 filed for record in the office of the Ada County Recorder, Boise, Idaho under Instrument No 2025-064826 lying in the NW 1/4 of Section 3, TAN_ RAE., BAVL, Eagle, Ma Counbi Idaho and more particularly described as follows: BEGINNING at the Northwest corner of said Lot 11, marked by a 5/6" iron pin; thence along the West boundary of said Lot 11 South 00D00`09" East 580.02 feet to the Northeast corner of Lot 12 of said E'ock of Bogus Ridge Subdivision, marked by a 518" iron pin: thence leaving said West boundary South 153450" West 20-1.79 feet to a poirr, marked by a 1/2" iron pin; thence North 5940'34" East 84.00 feet to a point marked by a 5/8' iron Din; thence North 67'5200- East 14.61 feet !lo a point on the East boundary of said Lot 14, marked by a 5/8" iron pin; thence along said East bounden/ of Lot 14 and the East boundary of said Lot 11 North 05'0000' East 142.26 feet to a point marked by a 11.2" iron pin; thence continuing North 000000" East 586.11 feel to the Northeast corner of said Lot 11, marked by a 112" iro pin; thence along the No boundary of said Lot 11 North 891300" Wes/ 40.00 feet to the POINT OF BEGINNING, Said parcel of land contains 0.761 acres, more or less. (Cie 1/4 ta C iB31 EXHIBIT A 4929-1788-1686, v. 1.1 After Recording Return to: Clark Wardle LLP 251 E. Front Street, Suite 310 Boise, ID 83702 Ada County Recorder Trent Tripple 2025-065334 Boise, Idaho Pgs= 4 vbailey 10/06/2025 01:26:31 PM CLARK WARDLE LLP $15.00 Electronically Recorded FOR RECORDING INFORMATION QUITCLAIM DEED (Parcel B) FOR VALUE RECEIVED, Colyn R. Levandoske and Piper S. Levandoske, husband and wife; and James W. Broich and Debra M. Broich, husband and wife; and the City of Eagle, an Idaho municipal corporation (collectively, "Grantor"), do hereby CONVEY, RELEASE, REMISE and FOREVER QUITCLAIM unto Colyn R. Levandoske and Piper S. Levandoske, husband and wife, as community property with rights of survivorship (collectively, "Grantee"), whose address is 2415 E. Beacon Light Road, Eagle, Idaho 83616, any and all right, title and interest that Grantor now has or ever had in and to the following described real property located in Ada County, State of Idaho, more particularly described on Exhibit A, attached hereto and made a part hereof, together with all appurtenances thereto. DATED this 50wlber30, 2025. GRANTOR: COLY + R. LEVA +OSKE STATE OF IDAHO ) ss. County of'4'` This record was acknowledged before me on ` hS 2 74C(date) by -l4nc etii a d wife. Colyn R. Levandoske and Piper S. Levandoske, husband C Signature of Notary Public �� Z�b�2o 30 My commission expires [signatures continue on following page] QUITCLAIM DEED — PARCEL B — 1 4920-1918-6774, v. 1.1 Instrument # 2025-065334 10/06/2025 01:26:31 PM Page 2 of 4 STATE OF IDAHO County of Ik ) ss. GRANTOR: tN JAMES W. BROICH DA/Lit r &toIein DEBRA M. BROICH zoZS' This record was acknowledged before me on ~ (date) by James W. Broich and Debra M. Broich, husband and wife. Signature of Notary Public My commission expires S/Zeyale' 30 [signatures continue on following page] QUITCLAIM DEED - PARCEL B - 2 4920-1918-6774, v. 1.1 Instrument # 2025-065334 10/06/2025 01:26:31 PM Page 3 of 4 GRANTOR: CITY OF EAGLE, IDAHO, an Idaho municipal corporation Name: Brzt_4A �V k Its: Mayor ATTEST: Name: al • D5,or r Its: Clerk STATE OF IDAHO ) y� ) ss. County of t\d ) On this OG O10f 1_ , before me, a Notary Public in and for said State, personally appeared Hon. Brad Pike known or identified to me to be the Mayor of the City of Eagle, and "rYGCi Ir..OSbbs known or identified to me to be the City Clerk of the City of Eagle, and acknowledged to me that they executed the foregoing instru • nt on behalf of said municipal corporation, and that such municipal corporation executed the s- e. •N$unIq• •.•• cSENes f•..� ®��: .`�� A .••••••• •• t S signatu - • No ary Public ��' ••11 'CARP •••• �' iy com .sion expires 1-11-411 • O z Pu ' ,pro:OF �� •�i •••ts,•��'tlm.110 ••• ,. IkrE O; • QUITCLAIM DEED — PARCEL B —1 4920-1918-6774, v. 1.1 Instrument # 2025-065334 10/06/2025 01:26:31 PM Page 4 of 4 TACKERMAN ESTVOLD Project No.: 4922 Date- March 23, 2022 Revised, May 14, 2025 EXHIBIT A Legal Description WWW.CKERMAN-E5TVOLDCQM DESCRIPTION FOR PARCEL B LEVANDOSKE A parcel of land being a portions of Lois 11. 12, 13 and 14 of Block 1 of Bogus Ridge Subdivision, as filed for record in Ihe office cif the Ada County Recorder, Boise, Idaho in Book 60 of Plats at page 5981 as shown on Record of Survey F4o. 15039 , Filed for record in the office of the Ada County Recorder, Boise, Idaho under instrument N. 2025-064826 lying in the 1/4 of Section 3, T.4N., R.1E., „ Eagle, Ada County, Idaho and more particularly described as follows: BEGINNING at he kdortheast comer of 50 id Lot 12, marked by a 518" iron pin; thence South 163450West 204.79 Feet to a point on a line 25.00 feet Northerly of tl'e Northerly top of bank of Dry Creek, marked hy a 518" iron pin; thence continuing along' said line South 7425-42" West 65.79 feet to a point marked by a 5/8" iron pin; thenae continuing South 54°4847" West 87.09 feet to a point marked by a 5/5" iron pin; thence continuing South 61'43'07" West -09.80 feet to a point marked by a 515" iron pin; thence continuing South 72'06'51" West 53,95 feet to a point marked by a 518" iron pin; thence continuing North 84(3211' West 63.27 feet to a point marked by a 5/5" iron pin; thence continuing South 80'0851- West 48.69 feet to a point on the West boundary said Lot 12; thence along the West. boundary of said Lot 12 North 14'1600" West 345.68 foot to the Northwost corner of said Lot 12; thence along the North boundary of said Lot 12 South 9000'01r East 537.15, feet to the POINT OF EGINNING, Said parcel of ard contains 3.016 acres, more or less. EXHIBIT A 4920-1918-6774, v. 1.1 After Recording Return to: Clark Wardle LLP 251 E. Front Street, Suite 310 Boise, ID 83702 Ada County Recorder Trent Tripple 2025-065335 Boise, Idaho Pgs= 4 vbailey 10/06/2025 01:26:31 PM CLARK WARDLE LLP $15.00 Electronically Recorded FOR RECORDING INFORMATION QUITCLAIM DEED (Parcel C) FOR VALUE RECEIVED, James W. Broich and Debra M. Broich, husband and wife; Colyn R. Levandoske and Piper S. Levandoske, husband and wife; and the City of Eagle, an Idaho municipal corporation (collectively, "Grantor"), do hereby CONVEY, RELEASE, REMISE and FOREVER QUITCLAIM unto James W. Broich and Debra M. Broich, husband and wife, as community property with rights of survivorship ("Grantee"), whose address is 2409 E. Beacon Light Road, Eagle, Idaho 83616, any and all right, title and interest that Grantor now has or ever had in and to the following described real property located in Ada County, State of Idaho, more particularly described on Exhibit A, attached hereto and made a part hereof, together with all appurtenances thereto. DATED thisSepiYylb[ll3() 2025. GRANTOR: JAMES W. BROICH 1� tcJ\ DEBRA M. BROICH STATE OF IDAHO ) ss. County of This record was acknowledged before me on .... - 3® Z.C?S(date) by James W. Broich and Debra M. Broich, husband and wife. ` Signature of Notary Public ��Z'6�?.o$O My commission expires [signatures continue on following page] QUITCLAIM DEED — PARCEL C —1 4911-8393-0454, v. 1.1 Instrument # 2025-065335 10/06/2025 01:26:31 PM Page 2 of 4 GRANTOR: COLYN R LEVODOSKE PIPE STATE OF IDAHO ) ss. County of ) KE „ yo 2r This record was acknowledged before me on =�Bc . .02 r (date) by-14evirr- Colyn R. Levandoske and Piper S. Levandoske, husband and wife. **4..,,,,,,,,,, YiE C.��L ••, 44, 140TAR y'; s. • PUBLIC : ? \, tr'..,4) No.41t. •4 $ ,•,TE ,OF,V9..•`t. Signature of Notary Public My commission expires a /2.$/?J?To [signatures continue on following page] QUITCLAIM DEED - PARCEL C - 2 4911-8393-0454, v. 1.1 Instrument # 2025-065335 10/06/2025 01:26:31 PM Page 3 of 4 GRANTOR: CITY OF EAGLE, IDAHO, an Idaho municipal corporation ATTEST: STATE OF IDAHO ) y�� ...� ) ss. County of I'��y\ ) On this OC,A1!b-01( lli6 , before me, a Notary Public in and for said State, personally appeared Hon. Brad Pike known or identified to me to be the Mayor of the City of Eagle, and -VYci E. 0S2ofr% , known or identified to me to be the City Clerk of the City of Eagle, and acknowledged to me that they executed the forego' g instrument on behalf of said municipal corporation, and that such municipal corporation executed the me. .••sWil ot% ignature of Notary Public yv�. CSENC'�+f•.,, My commission expires `z`1tQ )51 ti • :1/244n 41.11 �•., •r)o)rrt Flo \ 4t �47 •��H•Hf••�• tt QUITCLAIM DEED - PARCEL C - 3 4911-8393-0454, v. 1.1 Instrument # 2025-065335 10/06/2025 01:26:31 PM Page 4 of 4 ACKERMAN ESTVOLD z.:;fgait: Project. No.: 4922 Date: March 23, 2022 Revised: May 19, 2025 EXHIBIT A Legal Description VOWVILA CKERMAN-ESTVOLD,C OM DESCRIPTION FOR PARCEL C — BROICH A parcel of land being a portion of Lot 14 Ot 131004 1 of Bogus Ridge Subdivision, as filed for record in the ofice of the Ada County Recorder, Boise, Idaho in Book 60 of Plats at page 5981, as shown on Record of Survey No. 15039 , Red for record in the office of the Ada County Recorder, Boise, Idaho under Instrument No. 2025-064826 lying in the NW 1/4 of Seotion 3, T.4N., R.1E, B.M., Eagle, Ada County, Idaho and more particularly described as follows: BEGINNING at the Southeast corner of said Lot 14, marked by a 1/2" iron pin; thence along the East boundary of said Lot 14 North 000000" West 226.00 feet to a point marked by a 1/2" icon pin; thence continuing North 064000" VVest 212.99 feet to a point marked by a 1/2" iron pin; thence continuing North 4Jb'00'00" East 62.98 feet to a point marked by a 112' iron pin; thence South 59°4032" West 93.23 feet to a point marked by a 5/8' iron pin: thence South 7412542" West 12.57 feet to a point marked by a 51'8" iron pin; thence South -6'3450' West 12.4e feet a point on the centerline of Dry Creek, marked by a iron pin; thence along the said centerline South 77°4642" West 16.94 feet to a point morkec by a 1/2" iron pin; thenoe oontinuing Satan 55°12'29" West 30.93 feel to a point marked by a 1/2" iron pin; thence continuing South 60°0657" West '40,54 feet to a point marked by a 14' iron pin: thence continuing South 69°28'58" Vilest '22.55 feet to a point marked by a '1W® iron pin; thence continuing North 78°29'54" West 51.49 feet to i point marked by iron pin; thence continuing South 66°0525" West 42.03 feel to a point on the West boundary said Lot 14; thence along the West boundary of said Lot 14 South 14-16'00" East 90.44 feet to a point; thence continuing EXHIBIT A 4911-8393-0454, v. 1.1 After Recording Return to: Clark Wardle LLP 251 E. Front Street, Suite 310 Boise, ID 83702 Ada County Recorder Trent Tripple 2025-065336 Boise, Idaho Pgs= 10 vbailey 10/06/2025 01:26:31 PM CLARK WARDLE LLP $15.00 Electronically Recorded FOR RECORDING INFORMATION SPECIAL WARRANTY DEED (Parcel D) FOR VALUE RECEIVED, Colyn R. Levandoske and Piper S. Levandoske, husband and wife; and James W. Broich and Debra M. Broich, husband and wife; and the City of Eagle, an Idaho municipal corporation (collectively, "Grantor"), do hereby grant, bargain, sell, and convey unto the City of Eagle, an Idaho municipal corporation, whose address is 660 E. Civic Lane, P.O. Box 1520, Eagle, Idaho 83616 ("Grantee"), the real property located in Ada County, Idaho, as more particularly described on Exhibit A and incorporated herein by reference, together with all rights, titles, and interests appurtenant thereto (collectively, the "Property"). This Special Warranty Deed and the conveyance hereinabove set forth is executed by Grantor and accepted by Grantee subject to the following matters: (i) any rights or claims of persons, or easements, or claims of easements, as shown by the public records on the date hereof; and (ii) any claims prior to the date hereof by any third parties, including Grantee, as to any portion of the Property. AND RESERVING for the benefit of that certain property owned by certain of the Grantors and described on Exhibit B (attached hereto and made a part hereof) a perpetual easement for access (vehicular and pedestrian) and installation of utilities in that certain location identified on Exhibit C (attached hereto and made a part hereof). TO HAVE AND TO HOLD said Property, with its appurtenances unto Grantee, and Grantee's successors and assigns forever, and Grantor does hereby bind Grantor, Grantor's heirs, legal representatives and assigns to WARRANT AND FOREVER DEFEND all and singular the title to the Property unto the said Grantee, its successors and assigns against every person whomsoever lawfully claiming or to claim the same or any part thereof by or through Grantor but not otherwise. Dated this 30 day of Yh r , 2025 . [end of text; signatures to follow] SPECIAL WARRANTY DEED — 1 4904-2943-2152, v. 1 Instrument # 2025-065336 10/06/2025 01:26:31 PM Page 2 of 10 GRANTOR: /49 COL R. LEVANDOSKE PI STATE OF IDAHO ) ) SS. County of ) This record was acknowledged before me on � Zp2 (date) by Kevin Colyn R. Levandoske and Piper S. Levandoske, husband an wife. Signature of Notary Public / My commission expires �l?"�{3® . 14oTAR • • -•+ • •• 1 • • I'UBIAC • e %,'•� tr� i ni. No. �'j••�4 s [signatures continue on following page] SPECIAL WARRANTY DEED — 2 4904-2943-2152, v. 1 Instrument # 2025-065336 10/06/2025 01:26:31 PM Page 3 of 10 STATE OF IDAHO �� County of -7 ce''"' ) ss. GRANTOR: JAES W. BROICH Ddyvi/bfwl DEBRA M. BROICH This record was acknowledged before me on Broich and Debra M. Broich, husband and wife. (date) by James W. Signature of Notary Public / My commission expires 119(a', aa�� [signatures continue on following page] SPECIAL WARRANTY DEED - 3 4904-2943-2152, v. 1 Instrument # 2025-065336 10/06/2025 01:26:31 PM Page 4 of 10 GRANTOR: CITY OF EAGLE, IDAHO, an Idaho municipal corporation Its: Mayor ATTEST: 0-/hp Name: ran., E.Osb6rn Its: Clerk STATE OF IDAHO ) ) ss. County of AdS ) On this COOKY `tW 1-s before appeared Hon. Brad Pike knbwn or identified TfACAI E. 09000\3, known or identified to acknowledged to me that they executed the fore and that such municipal corporation executed the to 44 $ 4, ••.••.•••cSENCI, ,, • y •• •�pRY • G y PUB1'�^^�'• •• h• me, a Notary Public in and for said State, personally to me to be the Mayor of the City of Eagle, and e to be the City Clerk of the City of Eagle, and ng instrument on behalf of said municipal corporation, me. 11 -ture of Notary Public I I i My commission expires '� 1 SPECIAL WARRANTY DEED - 4 4904-2943-2152, v. 1 Instrument # 2025-065336 10/06/2025 01:26:31 PM Page 5 of 10 EXHIBIT A TO SPECIAL WARRANTY DEED Legal Description CKERMAN ESTVOLD Project. No.: 4922 Date: May 19, 2025 WWW.ACKERMAN-ESTVOLD.COM DESCRIPTION FOR PARCEL D — CITY OF EAGLE A parcel of land being portions of Lots 12, 13 and 14 of Block 1 of Bogus Ridge Subdivision, as filed for record in the office of the Ada County Recorder, Boise, Idaho in Book 60 of Plats at page 5981, as shown on Record of Survey No. 15039 , filed for record in the office of the Ada County Recorder, Boise, Idaho under Instrument No. 2025-064826 lying in the NW 1/4 of Section 3, T.4N., R.1 E_, B.M., Eagle, Ada County, Idaho and more particularly described as follows_ Commencing at the Southeast corner of said Lot 14, marked by a 1/2" iron pin; thence along the East boundary of said Lot 14 North 00°00'00" West 226.00 feet to a point marked by a 1/2" iron pin; thence continuing North 08°40'00" West 212.99 feet to a point marked by a 1/2" iron pin; thence continuing North 05°00'00" East 62.98 feet to a point marked by a 1/2" iron pin, said point marking the POINT OF BEGINNING; thence leaving said East boundary South 59°40'32" West 93.23 feet to a point marked by a 5/8" iron pin; thence South 74'25'42" West 12.67 feet to a point marked by a 5/8" iron pin; thence South 16°34'50" West 12.48 feet a point on the centerline of Dry Creek, marked by a IA" iron pin; thence along the said centerline South 77°46'42" West 18.94 feet to a point marked by a 1/2" iron pin; thence continuing South 55°12'29" West 30.93 feet to a point marked by a 1/2" iron pin; thence continuing South 60'06'57" West 140.54 feet to a point marked by a 1/2" iron pin; thence continuing South 69°28'58" West 122.55 feet to a point marked by a 1/2" iron pin; thence continuing North 78°29 54" West 51.49 feet to a point marked by 1/2" iron pin; thence continuing South 66°05'25" West 42.03 feet to a point on the West boundary said Lot 14; thence along the West boundary of said Lot 14 North 14°16'00" West 46.59 feet to a point on a line 25.00 feet Northerly of the top of bank of said Dry Creek; thence along said line North 80°08'51 " East 48.69 feet to a point marked by a 518" iron pin; thence continuing South 84°32'11" East 63.27 feet to a point marked by a 5/8" iron pin; thence continuing North 72°06'54" East 53.95 feet to a point marked by a 5/8" iron pin; thence continuing North 61 °43'07" East 109.80 feet to a point marked by a 5/8" iron pin; thence continuing North 54°48'47" East 87.09 feet to a point marked by a 5/8" iron pin; thence continuing EXHIBIT A 4904-2943-2152, v. 1 Instrument # 2025-065336 10/06/2025 01:26:31 PM Page 6 of 10 a0 acie North 74'25'42" East 65.79 feet to a point marked by a 518' iron pin; thence leaving said line North 59°40'34" East 84.00 feet to a point marked by a 5/8" iron pin; thence North 67'52'00" East 14.61 feet to a point on said East boundary of Lot 14, marked by a 5/8" iron pin; thence along said East boundary South 05°00'00" West 28.09 feet to the POINT OF BEGINNING, Said parcel of land contains 0.417 acres, more or less. EXHIBIT A 4904-2943-2152, v. 1 Instrument # 2025-065336 10/06/2025 01:26:31 PM Page 7 of 10 EXHIBIT B TO SPECIAL WARRANTY DEED Legal Description of Property Benefitted by Retained Easement ACKERMAN ESTVOLD Project. No.: 4922 Date: March 23, 2022 Revised: May 14, 2025 W W W,ACKERMAN-ESTVOLD.COM DESCRIPTION FOR PARCEL A — BROICH/LEVANDOSKE ACCESS PARCEL A parcel of land being a portion of Lots 11 and 14 of Block 1 of Bogus Ridge Subdivision, as filed for record in the office of the Ada County Recorder, Boise, Idaho in Book 60 of Plats al page 5981, as shown on Record of Survey No. 15039 , filed for record in the office of the Ada County Recorder, Boise, Idaho under Instrument No 2025-064826 lying in the NW 1/4 of Section 3, T.4N., R.1 E., B.M., Eagle, Ada County, Idaho and more particularly described as follows: BEGINNING at the Northwest corner of said Lot 11, marked by a 5/8" iron pin; thence along the West boundary of said Lot 11 South 00°00'00" East 580.02 feet to the Northeast corner of Lot 12 of said Block of Bogus Ridge Subdivision, marked by a 5/8" iron pin; thence leaving said West boundary South 16°34'50" West 204.79 feet to a point marked by a 1/2" iron pin; thence North 59°40'34" East 84.00 feet to a point marked by a 5/8" iron pin; thence North 67°52'00" East 14.61 feet to a point on the East boundary of said Lot 14, marked by a 5/8" iron pin; thence along said East boundary of Lot 14 and the East boundary of said Lot 11 North 05°00'00" East 142.26 feet to a point marked by a 1/2" iron pin; thence continuing North 00°00'00" East 586.11 feet to the Northeast corner of said Lot 11, marked by a 1/2" iron pin; thence along the North boundary of said Lot 11 North 89°13'00" West 40.00 feet to the POINT OF BEGINNING, Said parcel of land contains 0.761 acres, more or less. EXHIBIT B 4904-2943-2152, v. 1 Instrument # 2025-065336 10/06/2025 01:26:31 PM Page 8 of 10 ACKERMAN ESTVOLD Project. No.: 4922 Date: March 23, 2022 Revised: May 14, 2025 WWW.ACKERMAN-ESTVOLD.COM DESCRIPTION FOR PARCEL B — LEVANDOSKE A parcel of land being a portions of Lots 11, 12, 13 and 14 of Block 1 of Bogus Ridge Subdivision, as filed for record in the office of the Ada County Recorder, Boise, Idaho in Book 60 of Plats at page 5981, as shown on Record of Survey No. 15039 , filed for record in the office of the Ada County Recorder, Boise, Idaho under Instrument No. 2025-064826 lying in the NW 1/4 of Section 3, T.4N., R.1 E., B.M., Eagle, Ada County, Idaho and more particularly described as follows: BEGINNING at the Northeast corner of said Lot 12, marked by a 5/8" iron pin; thence South 16°34'50" West 204.79 feet to a point on a line 25.00 feet Northerly of the Northerly top of bank of Dry Creek, marked by a 5/8" iron pin; thence continuing along said line South 74°25'42" West 65,79 feet to a point marked by a 5/8" iron pin; thence continuing South 54°48'47" West 87.09 feet to a point marked by a 5/8' iron pin; thence continuing South 61 °43'07" West 109.80 feet to a point marked by a 5/8" iron pin; thence continuing South 72°06'54" West 53.95 feet to a point marked by a 5/8" iron pin; thence continuing North 84°32'11" West 63.27 feet to a point marked by a 5/8" iron pin; thence continuing South 80°08'51" West 48.69 feet to a point on the West boundary said Lot 12; thence along the West boundary of said Lot 12 North 14'16'00" West 345.68 feet to the Northwest corner of said Lot 12; thence along the North boundary of said Lot 12 South 90°00'00" East 537.18 feet to the POINT OF BEGINNING, Said parcel of land contains 3.016 acres, more or less. EXHIBIT B 4904-2943-2152, v. 1 Instrument # 2025-065336 10/06/2025 01:26:31 PM Page 9 of 10 ACKERMAN ESTVOLD Project. No.: 4922 Date: March 23, 2022 Revised: May 19, 2025 WWW.ACKERMAN-ESTVOLD.COM DESCRIPTION FOR PARCEL C — BROICH A parcel of land being a portion of Lot 14 of Block 1 of Bogus Ridge Subdivision, as filed for record in the office of the Ada County Recorder, Boise, Idaho in Book 60 of Plats at page 5981, as shown on Record of Survey No. 15039 , filed for record in the office of the Ada County Recorder, Boise, Idaho under Instrument No. 2025-064826 lying in the NW 1/4of Section 3, T.4N., R.1E., B.M., Eagle, Ada County, Idaho and more particularly described as follows: BEGINNING at the Southeast corner of said Lot 14, marked by a 1/2" iron pin; thence along the East boundary of said Lot 14 North 00°00'00" West 226.00 feet to a point marked by a 1/2" iron pin; thence continuing North 08°40'00" West 212.99 feet to a point marked by a 1/2" iron pin; thence continuing North 05°00'00" East 62.98 feet to a point marked by a 1/2" iron pin; thence South 59°40'32" West 93.23 feet to a point marked by a 5/8" iron pin; thence South 74°25'42" West 12.67 feet to a point marked by a 5/8" iron pin; thence South 16°34'50" West 12.48 feet a point on the centerline of Dry Creek, marked by a A/z" iron pin; thence along the said centerline South 77'46'42" West 18.94 feet to a point marked by a 1/2" iron pin; thence continuing South 55°12'29" West 30.93 feet to a point marked by a 1/2" iron pin; thence continuing South 60°06'57" West 140.54 feet to a point marked by a %" iron pin; thence continuing South 69°28'58" West 122.55 feet to a point marked by a IA" iron pin; thence continuing North 78°29'54" West 51.49 feet to a point marked by'/z" iron pin; thence continuing South 66°05'25" West 42.03 feet to a point on the West boundary said Lot 14; thence along the West boundary of said Lot 14 South 14°16'00" East 90.44 feet to a point thence continuing . 1 835 EXHIBIT B 4904-2943-2152, v. 1 Instrument # 2025-065336 10/06/2025 01:26:31 PM Page 10 of 10 EXHIBIT C TO SPECIAL WARRANTY DEED Legal Description of Retained Easement ACKERMAN ESTVOLD Project. No.: 4922 Date: May 28, 2025 WWW.ACKERMAN-ESTVOLD.COM DESCRIPTION FOR ACCESS EASEMENT An access easement lying in Lot of Block 1 of Bogus Ridge Subdivision, as filed for record in the office of the Ada County Recorder, Boise, Idaho in Book 60 of Plats at page 5981, as shown on Record of Survey No. 15039 , filed for record in the office of the Ada County Recorder, Boise, Idaho under Instrument No. 2025-064826 lying in the NW 1/4 of Section 3, T.4N., R.1E., B.M., Eagle, Ada County, Idaho and more particularly described as follows: Commencing at the Northeast corner of said Lot 12, marked by a 5/8" iron pin; thence South 16°34'50" West 204.79 feet to a point marked by a 5/8" iron pin; thence North 59'40'34" East 84.00 feet to a point marked by a 5/8" iron pin; thence North 67°52'00" East 14.61 feet to a point marked by a 5/8" iron pin on the East boundary of said Lot 14; thence along said East boundary South 05°00'00" West 28.09 feet to a point marked by a 1/2" iron pin; thence leaving said East boundary South 59°40'32" West 93.23 fee to a point marked by a 5/8" iron pin; thence South 74°25'42" West 12.67 feet to a point marked by a 5/8" iron pin; thence North 16°34'50" East 31.87 feet to the POINT OF BEGINNING, Said access easement contains 2,569 square feet, more or less. 77t i ®;, 47c qv EXHIBIT C 4904-2943-2152, v. 1