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Easement - Tall Timerber Consulting - 2025 - Tierpointe Subdivision - Tierpointe SubdivisionAda County Recorder Trent Tripple 2025-068264 Boise, Idaho Pgs= 13 vbailey 10/17/2025 09:01:57 AM CITY OF EAGLE $46.00 Electronically Recorded (Reserved for Ada County Recorder) PERMANENT PATHWAY EASEMENT AGREEMENT THIS PERMANENT EASEMENT AGREEMENT is made and entered into this day of V' , 20 2Ca , by and between AMH Landco Tierpointe, LLC a Delaware limited liability, and AMH Landco Brookstone, LLC, a Delaware limited liability company, and Tall Timber Consulting, LLC, an Idaho limited liability company, (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 at 5800 W. State Street, Eagle, Idaho, 83616, 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. Instrument # 2025-068264 10/17/2025 09:01:57 AM Page 2 of 13 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. 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. EASEMENT AGREEMENT - 2 Instrument # 2025-068264 10/17/2025 09:01:57 AM Page 3 of 13 IN WITNESS WHEREOF, the parties hereto have caused this Easement Agreement to be executed on the day and year first a',":)ove written. "GRANTOR" AMH Landco Tierpointe, LLC Thomas Lufkin„ )iice President "G1?_,,N1qTOR11 AMH Landco Brookstone, LLC By: Th as Lufkin, -Vice President "GRANTOR" Tall Timber Consulting, LLC I A vd!&r A By: (LQ 9 1 T-01A _11, - David Yorgason, Member "GRANTEE" CITY OF EAGLE By: j 4ov, L10- Brad Pike, Mayor EASEMENT AGREEMENT - 3 Instrument # 2025-068264 10/17/2025 09:01:57 AM Page 4 of 13 STATE OF IDAHO ) ss. County of Ada ) On this V'day of , 20 before rne, a Notary Public for said State, personally appeared Tho as Lufkin known or identified to me to be the Vice President of AMH Landco Tierpointe, LLC, the owner of the property referenced herein and the persons who executed the foregoing instrument. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year in this certificate first above written. ���©PSUE S/y VB L,Gs 1 ry�0 �.,: F1i00 Q,t°��.• STATE OF IDAHO ) ss. County of Ada ) NOTARY PUBLIC FOR IDAHQ Residing at 455 My commission expires 7 a4! 14 On this" day of , 205 d�� , before me, a Notary Public for said State, personally appeared Th mas Lufkin known or identified to me to be the Vice President of AMH Landco Brookstone, LLC, the owner of the property referenced herein and the persons who executed the foregoing instrument. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year in this certificate first above written- -SUE Sy0°° m ,c 418 L1G 6461 -0 OF iC?PV�. Residing at ',-� My commission expires EASEMENT AGREEMENT - 4 Instrument # 2025-068264 10/17/2025 09:01:57 AM Page 5 of 13 STATE OF IDAHO ) ss. County of Ada ) On this 16 day of �;p cyV� Vv) ''L- , 20 before me, a Notary Public for said State, personally appeared DDav d Yorgason known or identified to me to be as Member of Tall "limber Consulting, LLC, the owner of the property referenced herein and the persons who executed the foregoing instrument. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year in this certificate first above written. JENNIFER THOMAS COMMISSION NUMBER 63227 NOTARY PUBLIC State of Idaho Commission Expires 03/10/2026 STATE OF IDAHO ) )ss. County of Ada ) MTARY PUBLIC FOR IDAHO Residing at in s&, A,�.h My commission expires 1 On this M day of 1*014,.y , 20.16 before me, a Notary Public, in and for said County and State, personally appeared BRAD 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 year in this certificate first above written. yXAJIL 1C FOR ID7T(T Residing at: (.0 vl kj My commission expires: Z ' Z - Z 0W EASEMENT AGREEMENT - 5 Instrument # 2025-068264 Exhibit A Description for Tierpointe Subdivision No. I Aparcel of land located within the South 1/2 ofthe Southwest 1/4 of Section 11, Township 4 North, Range 1 West, Boise Meridian, City of Eagle, Ada County, Idaho more particularly described as follows: Commencing odthe Section corner common 0oSections 1{\11.14and 15. TAN..RAVK.B.N1,from which the 1/4corner common h»said Sections 11 and14 bears South 8Q°28'58'East, 2.G2G.31feet; thence onthe south boundary line ofsaid Section 11.South 8Q"2S'58''East, 1.O22.Q3featthence leaving said south boundary line, North UO^2S'OO^East, OG.G2feet iothe POINT OFBEGINNING; thence continuing North 00'26'00East, 78O.38feet; thence South 89*26'18" East, 126.45 feet; thence radius of11Ei5Ofeet, a central angle ofO4~5I3T^.and along chord which bears North 22^37'13^East, 1O.0ifeet; thence North J5~D232'East, S.44feet; thence North O5°54'54"West, 2l81feet; thence North 51'42'42" East, 37.00 feet; thence 2D12feet onthe arc ofanon-tangent curve tothe left having oradius of31.B]feet, mcentral angle of51"OQ'0O^.and along chord which bears South G3°51'4Q"East, 272Ofeet; thence South 89'26'18" East, S90.48feet; thence North 52"37'0G"East, 20.33feet; thence South 89^2G'18y'East, 53.OQfeet; thence South 00'25'15" West, 94.08 feet; thence 16.33feet unthe arc ofenon-tangent curve tothe left having amdkus of 268.ODfeet, s central angle ufU3°29'31".and elong chord which bears South 06°16'28" Eaat, 1633#»et; thence 48.Q1feet onthe arc cfareverse curve 11779 tothe right having oradius nf332.OUfeet, acentral angle ofO8"2G'27''.and elong chord which bears South O3"47'58''East, 48.87feet; Page 1 of 2 IM EASEMENT AGREEMENT -6 Instrument # 2025-068264 10/17/2025 09:01:57 AM Page 7 of 13 thence South 00*25'15" West, 464.02 feet; thence South 35'1 T53" East, 17.99 feet-, thence South 00'25'15" West, 128.49 feet; thence South 37*22'25" East, 28.66 feet to the northerly right-of-way line of W. State Street (State Highway 44); thence on said northerly right-of-way line the following three (3) courses and distances: 7.98 feet on the arc of a non -tangent curve to the right having a radius of 13,690.99 feet, a central angle of 00*02'00", and a long chord which bears South 81 *43'58" West, 7.98 feet; South 86*40'13" West, 30.27 feet; North 00*31'36" East, 5.01 feet; South 86'40'13" West, 949.17 feet to the POINT OF BEGINNING. Containing 17.496 acres, more or less. End of Description. Page 2 of 2 t,", L A \1 \rF- N S /In 7 (P 0 OF VD Mc N A -2 EASEMENT AGREEMENT - 7 Instrument # 2025-068264 Description for A parcel of land located inthe Southeast 1/4ofthe Southwest 1/4 and the Southwest 1/4 of the Southeast 1/4 of Section 11, Township 4 North, Range I West, Boise Meridian, City of Eagle, Ada County, Idaho more particularly described as Commencing atthe Section corner common huSections 10,11.14and 15. T4N..R.1VK.B.K8..from which the 1/4corner common hzSections 11and 14.bears South 8Q"2S'50''East, 2.G2G.31feet; thence onthe south boundary line ofsaid Section 11.South 8Q"2S'58" East, 2.007.83feet; thence leaving said south boundary line, North OO"33'O2"East, 14Q12feet tnthe POINT @F BEGINNING; thence North 37'22'25^West, 28.66feet; thence North O0°25'15^East, 128.40feet; thence North 35"1753"West, 17.QQfeet; thence North OD"25'15"East, 4G4.O2feet; thence 48.Q1feet onthe arc ofacurve tothe left having radius of3�.00 feet, acentral angle ��26'27".and olong chord which bears North �'47'58'West, 48.87 feet; thence 16.33 feet on the arc oforeverse curve to the right having a radius of 268.UOfeet, acentral angle ofD3,29'31^.and elong chord which bears North 06'16'26" West, 16.33 feet; thence North 00'25'15" East, 258.64 feet; thence South 04'48'15" East, 1B.12feet to the southerly boundary line of yWuamureekSubdivision No. 1 as filed in Book 128 or Plats at Pages 2O374through 20380, records of Ada County, Idaho ; thence on the southerly boundary line of said MosscreekSubdivision No. 1the following six (6) courses and distances: South 83°43'47^East, 347.G1 feet; South 77°56'59'East, 443.18feet; South 2S"3O'O5"East, 53.59feet-, Page I of' 2 EASEMENT AGREEMENT '0 Instrument # 2025-068264 South OS"29'13^East, 41225feet hmthe west boundary line ofEaglefied Village Subdivision as filed inthe Book 114ofPlats etPages 1d8O5through 168807, records of Ada County, Idaho; thence on said west boundary |ine. South OO^4101"West, 30861 feet to the northerly hOht-of+wmyline ofState Highway 44� thence onsaid northerly hght-nf-weyline, 1.434.41feet on the arc of a non - tangent curve to the right having a radius of 13,690.99 feet, acentral angle of DG~OO'1O^.and along chord which bears South 78~42'52''West, 1.433.75feet to the POINT 8FBEGINNING. Containing 2315Oacres, more mrless. End of Description. Page 2 of 2 EASEMENT AGREEMENT -o Instrument # 2025-068264 10/17/2025 09:01:57 AM Page 10 of 13 M UOp�aVQ-S afil)MA P?aVa?fi?)J C,4 M. 10, LV.00S L9.902 vi Ui 6 ry IV ID 04 0 0 0 lal < c;ao 0 V) �6 :3 b V3 110 L) Q) L) Cd 0 c 0 0- B. X 42 U) U) C14 Do 00 �t .2 7, 0 M Od < 0 w a- M z 3.9 L,9Z.00N 3.9t,SZOON 61 ..... 'ZO-s'9t 00 -j C14 on (0 00 CV o co w 0 D 4 cn 0 in > r 0 .O(D Z3 in 00 C-4 (n C3 c,.Q < Q CD 00 M Go d) ID OD OD U) 04 0-0 V) C a 4, O.c z C) 0 C-4 -j R C) ,92'02L 3 V1 0 K) 0 1.00,9Z.00N 0 —C Cc.j c ZCO 0 (D 76 Ul Z L . 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Instrument # 2025-068264 10/17/2025 09:01:57 AM Page 12 of 13 Exhibit C Description for Pathway Easement Tierpointe Subdivision June 23, 2025 A portion of the South 1/2 of the Southwest 1/4 and the Southwest 1/4 of the Southeast 1/4 of Section 11, Township 4 North, Range 1 West, Boise Meridian, City of Eagle, Ada County, Idaho more particularly described as follows: Commencing at the Section corner common to Sections 10, 11, 14 and 15, TAN., R. 1 W., B. M., from which the 1/4 comer common to said Sections 11 and 14 bears South 89*26'58" East, 2,626.31 feet; thence on the south boundary line of said Section 11, South 89*26'58" East, 1,022.93 feet; thence leaving said south boundary line, North 00'26'00" East, 86.62 feet to the POINT OF BEGINNING; thence continuing, North 00*26'00" East, 25.05 feet; thence North 86*40'13" East, 870.99 feet; thence North 72*38'03" East, 12.37 feet; thence North 86*40'13" East, 96.96 feet; thence South 00'25'15" West, 7.75 feet; thence 1442.30 feet on the arc of a curve to the left having a radius of 13,665.99 feet, a central angle of 06*02'49" and a long chord which bears North 78*42'31" East, 1,441.63 feet to the west boundary line of Eaglefield Village Subdivision as filed in the Book 114 of Plats at Pages 16805 through 168807, records of Ada County, Idaho; thence on said west boundary line, South 00*41'01 " West, 25.88 feet to the northerly right-of-way line of W. State Street (State Highway 44); thence on said northerly right-of-way line, the following four (4) courses and distances: 1,442.39 feet on the arc of a non -tangent curve to the right having a radius of 13,690.99 feet, a central angle of 06*02'11", and a long chord which bears South 78*43'53" West, 1,441,72 feet; South 86*40'13" West, 30.27 feet; North 00*31'36" East, 5.01 feet; South 86'40'13" West, 949.17 feet to the POINT OF BEGINNING. LAAto Containing 61,010 square feet or 1.401 acres, more or ENSp r less. f All r17 7 9 06�1. End of Description. Page I of I 0 �OX' g" C C f-1 No� EASEMENT AGREEMENT - 12 Instrument # 2025-068264 10/17/2025 09:01:57 AM Page 13 of 13 uozscappqnE +�2 0— aftMA P7aVa?6D3 9-1 — 0 1-0 vi Ui OR 0 410 CF) %A AA M 0 Z., 0 pm S LO C 0 < LO 0 > cl, E co Z� CO M !E -C awe ); x U Uj Q- c iq 'Cl4 a) 'E! 0 < N in 0 ;0 0 rl V) -j �E Ol 00 CO C,4 p P On U) (0 (D cn V) 0 tO 0 to 03 41 to to 0) 0) to i) W Q- (n 00 0 LO > D 0 v :113 00 P 3: N C14 co 06 M 00 z L) -C ,6 vi ,i D vi 6 CP 00 04 — CY) CN ff) ID tn 00 N ID pi 3r 3t: i" 0 to �') 2 z to u '40)" ll� r- P p p �2 E; �2 ('41 1 to (0 00 10 0 C� n 01 to 0 (0 1- 00 0 0 OD 0 z Z z Z v) V) (n z C', F) (D 00 V) En N U, EASEMENT AGREEMENT - 13