Easement - Clyde Capital Group, LLC - 2026 - Valnova Spring Valley Subdivision No. 1 - Permanent Easement AgreementAda County Recorder Trent Tripple 2026-035344
Boise, Idaho Pgs= 6 boberbillig 05/18/2026 12:20:29 PM
CITY OF EAGLE $0.00
Electronically Recorded
(Reserved for Ada County Recorder)
PERMANENT EASEMENT AGREEMENT
This PERMANENT EASEMENT AGREEMENT is made and entered into this T7
day of , 20' U, by and between Clyde Capital Group, LLC, 730 N 1500 W
Orem, Utah, 94057 (hereinafter referred to as "Grantee"), and the CITY OF EAGLE, 660 E.
Civic Lane, Eagle, Idaho, 83616, (hereinafter referred to as "Grantor").
WITNESSETH:
FOR GOOD AND SUFFICIENT CONSIDERATION, IT IS AGREED:
SECTION 1. RECITALS:
1.1 Grantor is the owner of certain real property situated in the City of Eagle, Ada County,
Idaho, (hereinafter referred to as the "Subject Property") and more particularly described as Lot 41
Block 1 of the Final plat for Valnova Spring Valley Subdivision No. 1.
1.2 The Grantee is the Owner of the neighboring parcel, more particularly described as
Lot 40 Block 1 of the Final plat for Valnova Spring Valley Subdivision No. 1 and in connection
therewith, desires to acquire from the Grantors an easement over, under and across a certain portion
of the Subject Property for an access road to access a Cell Tower Site.
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 a permanent access easement over and across
that portion of the Subject Property described within Exhibit "A", and as shown as on Exhibit
"B" attached hereto, ("Easement").
2.2 The Grantee may traverse within this Easement to access the Cell Tower Site, and may
authorize staff, contractors, or maintenance personnel to facilitate improvements to the site by
accessing through this easement.
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 may, at Grantee's sole discretion and cost, erect signage within the
Easement with the physical form, placement, and message of the signage to be determined by
Grantee and approved by the Grantor.
2.5 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 access road located within the Easement.
2.6 Upon completion of its installation of an access road 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. In addition, the Grantee agrees to maintain the full length of the access road that
provides access to the Cell Tower Site. This includes any necessary asphalt maintenance, snow
removal, or erosion issues.
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
IN WITNESS WHEREOF, the parties hereto have caused this Easement Agreement to be
executed on the day and year first above written.
"GRANTEE"
Clyde Capital Group,
LLC.
By_ .�
Nicholaus eaver,
"GRANTOR"
CITY OF EAGLE
By
horized Brad Pike, May
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E. Osborn, City
•.•`� OF 8840"041*EAC �'•.
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EASEMENT AGREEMENT - 3
STATE OF IDAHO )
ss.
County of Ada )
On this_oday of 71117,1-4, , 20" before me, a Notary Public for said
State, personally appeared Nichola Weaver known or identified to me to be the
Authorized Signatory of Clyde Capital Group, LLC,. 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.
0AWN-'~N
N ,
NOTAR LIC FOR IDAHO
*►•+• Residing at C- p / b
C' AUBLA My commission expires 7-a 1-62 6 29
OF 19P•
STATE OF IDAHO )
)ss.
County of Ada )
On this It day of V" 20U 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.
••`'�SA,B Y 8
AOTAR
: o'PUB L1C
IIF,OF,
�TOTAR PUBIC FOR IDAHO
Residing at:
My commission expires: Z- - 30
EASEMENT AGREEMENT - 4
Permanent Easement — Tank 1 Parcel
A 30.00 foot wide Public Access and Utility Easement located in the Southeast 1/4 of Section 23
Township 5 North Range 1 West of the Boise Meridian being 15.00 feet on either side and parallel to the
following described centerline:
Beginning at a point which is North 88°46'48" West 458.37 feet along the South section line and North
00°00'00" East 1393.69 feet from the Southeast corner of Section 23 Township 5 North Range 1 West of
the Boise Meridian said point also being a point on the Easterly lot line of Lot 41 Block 1 of Valnova
Spring Valley Subdivision No. 1 recorded as Instrument No. 2024037272 in the office of the Boise County
Recorder in said County in the State of Idaho said point also being a point on the arc of a non -tangent
curve to the left having a radius of 750.00 feet and running thence Northwesterly 22.72 feet along the
arc of said curve through a central angle of 01°44'10", the chord of which bears North 56°41'07" West
for a distance of 22.72 feet, to the point of reverse curvature of a curve to the right having a radius of
250.00 feet; thence Northwesterly 40.27 feet along the arc of said curve through a central angle of
09°13'45", the chord of which bears North 52°56'19" West for a distance of 40.23 feet, to the point of
tangency; thence North 48°19'26" West 101.74 feet, to the point of curvature of a curve to the left
having a radius of 190.00 feet; thence Northwesterly 126.27 feet along the arc of said curve through a
central angle of 38°04'39", the chord of which bears North 67'21'46" West for a distance of 123.96 feet,
to a point of non -tangency; thence South 73°28'37" West 64.66 feet to the point of curvature of a curve
to the left having a radius of 50.00 feet; thence Southwesterly 41.83 feet along the arc of said curve
through a central angle of 47°56'18", the chord of which bears South 49°30'27" West for a distance of
40.62 feet, to the point of tangency; thence South 25'32'18" West 33.70 feet to the point of curvature
of a curve to the right having a radius of 80.00 feet; thence Southwesterly 88.34 feet along the arc of
said curve through a central angle of 63°16'05", the chord of which bears South 57'10'21" West for a
distance of 83.92 feet, to a point on the Westerly lot line of said Lot 41 Block 1 said point also being the
point of terminus.
to
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VALNOVA SPRING VALLEY
SUBDIVISION NO. 1
LOT 40 BLOCK 1 INST. NO. 2024-037272
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INST. NO. 2024-007267
a' L=126.27 R=190.00
z S73 28 37 W 0=38°04'39" T=65.57
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L=41.83 R=50.00 0 64.66'
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CH=S49°30'27"W L=40.62'
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E 1/16 COR. SEC. 23 & 26
FOUND 2-1/2" A.C.
A.L.S. PLS #797
CP&F INST. NO. 106035012
A=9°13'45" T=20.18 P.O.B.
P.O.T. CH=N52°56'19"W L=40.23'
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CH=N56°41'07"W L=22.72' 00
N88°41'36"W 420.00'
N88°46'48"W 1326.36'
N00°00'00"E
I—'1393.69'
458.37' 23 24
26 25
SE COR. SEC. 23
T5N R1W BOISE MERIDIAN
FOUND 3" 2001
BLM A.C.
CP&F INST. NO. 106035013
1-14-26
JOB NUMBER:
3001-20
SCALE:
1" = 100'
DRAWN BY:
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CHECKED BY:
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Cell Tower Legals
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