Easement - DFG Eagledale, LLC - 2026 - Everton Subdivision No. 4 - Permanent Pathway EasementAda County Recorder Trent Tripple 2026-038905
Boise, Idaho Pgs= 14 vbailey 05/29/2026 12:29:54 PM
CITY OF EAGLE $0.00
Electronically Recorded
(Reserved for Ada County Recorder)
PERMANENT PATHWAY EASEMENT
AGREEMENT
THIS PERMANENT EASEMENT AGREEMENT is made and entered into this 2i/
day of 1M___, 20f-O , by and between DFC EAGLEDALE, LLC, (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 off Palmer Land and W. State St. 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 a 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 on
Exhibit "D" attached hereto, ('Basement").
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.
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.
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 pathway located within the Easement.
2.6 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.
2.7 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.
2.8 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.
2.9 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.
"GRANTOR"
DFC EAGLEDALE,
LLC
w
By.
Nick Carlson, Vice President
.�` OF '•.
•
SEAL�,:*
,OF"OP,,��•
"GRANTEE"
CITY OF EAGLE
By:
Brad Pike, Mayor
ATTEST:
B
Tracy E. . m. City Clerk
EASEMENT AGRFEMENT - 3
F 1'0" 4.
STATE OF 46WkO )
ss.
County of )
On this day of Ae, I , 20L6 , before me, a Notary Public for said
State, personally appeared NICK CARLSON known or identified to me to be the VICE
PRESIDENT of DFC EAGLEDALE, LLC, the owners 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.
Notary Public State of Florida
Wyatt T Sutton
tiff My Commission HH 454936
Expires 10/17/2027
STATE OF IDAHO )
)ss.
County of Ada )
NOT UB F►004c.
Residing at i3a f•ti}•ats J11 L4•' Park il," floak, PL 3Zob'L
My commission expires i o /,r h,}
On this ' ,(Q day of 20-W, before me, a Notary Public, in and for said
County and State, personally appeared MAD 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.
A.
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My commission expires:
EASEMENT AGREEMENT - 4
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E N G I N E E R I N G
December 12, 2024
Project No. 24-214
Legal Description for
Everton Subdivision No. 4
A parcel of land situated in a portion of the Southwest 1/4 of the Southeast 1/4 of Section 10, Township 4
North, Range 1 West, B.M., City of Eagle, Ada County, Idaho and being more particularly described as follows:
Commencing at a brass cap marking the South 1/4 corner of said Section 10, which bears 500`36'50"W a
distance of 2,645.85 feet from an aluminum cap marking the Center 1/4 corner of said Section 10, thence
following the southerly line of said Southeast 1/4, 589'09'29"E a distance of 30.50 feet to a 5/8-inch rebar on
the subdivision boundary of Everton Subdivision No. 1 and being the POINT OF BEGINNING.
Thence leaving said southerly line and following said subdivision boundary the following three (3) courses:
1. N00"36'50"E a distance of 649.12 feet to a 5/8-inch rebar;
2. N05`45'16"W a distance of 112.70 feet to a 5/8-inch rebar;
3. N00'36'50"E a distance of 233.86 feet to a 5/8-inch rebar on the subdivision boundary of Everton
Subdivision No. 3;
Thence leaving said subdivision boundary of Everton Subdivision No. 1 and following said subdivision boundary
of Everton Subdivision No. 3 the following three (3) courses:
1. S89'23'10"E a distance of 239.83 feet to a 5/8-inch rebar;
2. S79°59'55"E a distance of 310.75 feet to a 5/8-inch rebar;
3. 560'14'05"E a distance of 145.40 feet to a 5/8-inch rebar;
Thence leaving said subdivision boundary, 530'16'12"W a distance of 100.00 feet to a 5/8-inch rebar;
Thence N60°14'05"W a distance of 26.42 feet to a 5/8-inch rebar;
Thence S30°46'29"W a distance of 106.54 feet to a 5/8-inch rebar;
Thence 43.53 feet along the arc of a curve to the right, said curve having a radius of 270.00 feet, a delta angle
of 09°14'18", a chord bearing of S63°50'40"E and a chord distance of 43.49 feet to a 5/8-inch rebar;
Thence S59°13'31"E a distance of 5.32 feet to a 5/8-inch rebar;
Thence S30°46'29"W a distance of 40.00 feet to a 5/8-inch rebar;
Thence 58.72 feet along the arc of a curve to the left, said curve having a radius of 28.00 feet, a delta angle of
120'09'39", a chord bearing of S60°41'40"W and a chord distance of 48.54 feet to a 5/8-inch rebar;
Thence S00°36'50"W a distance of 38.98 feet to a 5/8-inch rebar;
Thence S89°23'10"E a distance of 101.00 feet to a 5/8-inch rebar;
Thence S00°36'50"W a distance of 170.00 feet to a 5/8-inch rebar;
Thence N89'23'10"W a distance of 101.00 feet to a 5/8-inch rebar;
Thence S00°36'50"W a distance of 50.00 feet to a 5/8-inch rebar;
Thence S89°23'10"E a distance of 26.01 feet to a 5/8-inch rebar;
Thence S00°36'50"W a distance of 143.00 feet to a 5/8-inch rebar; �Gl
Thence N89°23'10"W a distance of 4.51 feet to a 5/8-inch rebar;
Thence S00°36'50"W a distance of 227.26 feet to a 5/8-inch rebar on the a N 12459 0
southerly line of said Southeast 1/4; A
Thence following said southerly line, N89°09'29"W a distance of 538.00 feet to yA�?'�, OF
the POINT OF BEGINNING. N L . B�►�'�'
Said parcel contains 12.830 acres, more or less. I Z • 12.7,07.1
5725 North Discovery Way • Bolse, Idaho 83713 • 208.639.6939 • kmengllp.com
239.83
Title:
338.UU
Scale: 1 inch =150 feet I File: Deed Plotter.des
Date: 12-11-2024
Tract 1: 12.830 Acres: 558880 Sq Feet: Closure = s32.0413e 0.01 Feet: Precision=1/409748: Perimeter = 3472 Feet
001=n00.3650e 649.12
002=n05.4516w 112.70
003=n00.3650e 233.86
004=s89.2310e 239.83
005=s79.5955e 310.75
006=s60.1405e 145.40
007=00.1612w 100.00
008=n60.1405w 26.42
009=s30.4629w 106.54
010: Rt Ra270.00, Delta�9.1418
Bn;4IM 040e, Chd�F3.49
011=s59.1331e 5.32
012=s30.4629w 40.00
013: Lt,_R=28.00, Della=120.0939
Bn� .4140w, Chd=48.54
014=s00.3650w 38.98
015=s89.2310e 101.00
016=s00.3650w 170.00
017=n89.2310w 101.00
018=s00.3650w 50.00
019=s89.2310e 26.01
020=s00.3650w 143.00
021=n89.2310w 4.51
022=s00.3650w 227.26
023=n89.0929w 538.00
km
E N G I N E E R I N G
April 2, 2026
Everton Subdivision No. 4
Project No. 24-214
Pathway Easement
Legal Description
Exhibit A
A parcel of land for a Pathway Easement situated in a portion of the Southwest 1/4 of the Southeast 1/4 of
Section 10, Township 4 North, Range 1 West, Boise Meridian, City of Eagle, Ada County, Idaho and being more
particularly described as follows:
Commencing at a found brass cap marking the South 1/4 corner of said Section 10, which bears S00°36'50"W
a distance of 2,645.85 feet from a found aluminum cap marking the Center 1/4 corner of said Section 10,
Thence following the westerly line of said Southwest 1/4 of the Southeast 1/4, N00°36'50"E a distance of
878.08 feet;
Thence leaving said westerly line, S89°23'10"E a distance of 46.00 feet to POINT OF BEGINNING 1.
Thence N55°03'23"E a distance of 154.40 feet;
Thence N81°56'39"E a distance of 113.14 feet;
Thence S84°32'21"E a distance of 71.06 feet to the boundary of proposed Everton Subdivision No. 3;
Thence following said subdivision boundary the following two (2) courses:
1. S79°59'55"E a distance of 213.01 feet;
2. S60°14'05"E a distance of 8.59 feet to a point hereinafter referred to as POINT "A";
Thence leaving said subdivision boundary, S29°45'55"W a distance of 25.00 feet;
Thence N60°14'05"W a distance of4.23 feet;
Thence N79'59'55"W a distance of 207.66 feet;
Thence N84°32'21"W a distance of 67.11 feet;
Thence S81°56'39"W a distance of 104.20 feet;
Thence S55°03'23"W a distance of 166.30 feet to the boundary of an existing ACHD Permanent Easement per
Instrument No. 2025-048612 and being a point hereinafter referred to as POINT "B";
Thence following said easement boundary, N00'36'50"E a distance of 30.73 feet to POINT OF BEGINNING 1.
Said parcel contains 13,871 square feet, more or less.
TOGETHER WITH
Commencing at the point previously referred to as POINT "A";
Thence following said boundary of proposed Everton Subdivision No. 3S60°14'05"E a distance of 37.00 feet to
POINT OF BEGINNING 2.
Thence following said subdivision boundary the following three (3) courses:
1. S60°14'05"E a distance of 99.81 feet;
2. S59*13'31"E a distance of 3.14 feet;
3. S32'04'04"W a distance of 25.01 feet;
Thence leaving said subdivision boundary, N59'13'31"W a distance of 2.35 feet;
5725 North Discovery Way • Boise, Idaho 83713 • 208.639.6939 • kmengllp.com
Thence N60"14'05"W a distance of 99.59 feet;
Thence N29°45'55"E a distance of 25.00 feet to POINT OF BEGINNING 2.
Said parcel contains 2,561 square feet, more or less.
TOGETHER WITH
Commencing at the point previously referred to as POINT "B";
Thence following said easement boundary the following three (3) courses:
1. S00°51'29"E a distance of 38.93 feet;
2. S00°36'50"W a distance of 19.84 feet;
3. S29°03'15"E a distance of 4.81 feet to POINT OF BEGINNING 3.
Thence leaving said easement boundary, N54°51'53"E a distance of 168.18 feet;
Thence 120.14 feet along the arc of a curve to the right, said curve having a radius of 152.50 feet, a delta angle
of 45°08'12", a chord bearing of N77025'59"E, and a chord distance of 117.05 feet;
Thence S79°59'55"E a distance of 190.17 feet;
Thence 47.76 feet along the arc of a curve to the right, said curve having a radius of 317.50 feet, a delta angle
of 08'37'09", a chord bearing of S75°41'21"E, and a chord distance of 47.72 feet;
Thence 25.02 feet along the arc of a curve to the left, said curve having a radius of 318.50 feet, a delta angle of
04°30'06", a chord bearing of S20°40'08"W, and a chord distance of 25.02 feet to a point hereinafter referred
to as POINT "C'
Thence 43.11 feet along the arc of a curve to the left, said curve having a radius of 292.50 feet, a delta angle of
08`26'38", a chord bearing of N75°46'36"W, and a chord distance of 43.07 feet;
Thence N79°59'55"W a distance of 190.17 feet;
Thence 100.44 feet along the arc of a curve to the left, said curve having a radius of 127.50 feet, a delta angle
of 45°08'12", a chord bearing of S77'25'59"W, and a chord distance of 97.87 feet;
Thence S54°51'53"W a distance of 174.95 feet to said easement boundary;
Thence following said easement boundary the following two (2) courses:
1. N00°36'50"E a distance of 8.24 feet;
2. N29"03'15"W a distance of 18.42 feet to POINT OF BEGINNING 3.
Said parcel contains 12,896 square feet, more or less.
TOGETHER WITH
Commencing at the point previously referred to as POINT "C";
Thence S68°48'34"E a distance of 37.05 feet to POINT OF BEGINNING 4.
Thence 25.31 feet along the arc of a curve to the right, said curve having a radius of 281.50 feet, a delta angle
of 05'09'07", a chord bearing of N20°37'45"E, and a chord distance of 25.30 feet;
Thence S60°29'31"E a distance of 30.31 feet;
Thence S59°13'31"E a distance of 67.70 feet to said subdivision boundary;
Thence following said subdivision boundary and the southerly extension thereof, S32°04'04"W a distance of
25.01 feet;
Thence leaving said subdivision boundary, N59"13'31"W a distance of 66.86 feet;
Thence N60°29'31"W a distance of 26.13 feet to POINT OF BEGINNING 4.
PAGE 12
Said parcel contains 2,392 square feet, more or less.
Said descriptions contain a total of 31,720 square feet, more or less, and is subject to all existing easements
and/or rights -of -way of record or implied.
Attached hereto is Exhibit B and by this reference is made a part hereof.
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12459
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PAGE 13
0 100 200 300
FOUND ALUMINUM CAP
CENTER 1/4 CORNER SECTION 10 Plan Scale: 1" = 100'
I I I I r1l)
--
Proposed Everton Subdivision No. 3
J z' I 14' PERMANENT N 11 +
EASEMENT PER LAST.
Q) N I No. 2025-048612 f f
E ED 1 S8432'21 "E
a N81^ 113.14' 71.06'/7
S60'14'05"E Lf) Co
'S6'
Z ¢ o I I gyp/ ` �. 67.1 1 N S7g-5g'S5"E 213.07 8.59' POINT »A..
m �5l`/ y 81 56'39"W N84'32'21"'WC' N60'14'05"W
4.2,31
`ti5/r '513' / 104.20' 59'55"�y 207.E
POINT OF
BEGINNING 1 �h/ �� 16 a� / i C` N �' _S7� = 5"E D� No. 2 Drain
S89'23'10"E /�� 0 �O 6���/ �'G5 N7g 59 55;7 �' M
46.00' (TIE) 0. % �0, / 790.17' 'o- _ C' (T,
POINT "B" J j%� j h Proposed Everton _ I C4
U
Subdivision No. 4 POINT "C"
' �!�;�� DFC Eagledale LLC I
o, POINT OF m
/ 5h SO410428250 BEGINNING 4 �
POINT OF
BEGINNING 3 N00'36'50"E
' 8.24'
00
0
Do
Co
10
15 POINT
FOUN[
SOUTF
OF COMMENCEMENT
BRASS CAP
1/4 CORNER SECTION 10
SO410438610 i
W. Amazon Dr.
CURVE TABLE
CURVE
RADIUS
LENGTH
DELTA
CHORD BRG
CHORD
C1
152.50'
120.14'
45708'12"
N77'25'59"E
117.05'
C2
317.50'
47.76'
8'37'09"
S75'41'21 "E
47.72'
C3
318.50'
25.02'
4'30'06"
S20'40'08"W
25.02'
C4
292.50'
43.11'
1 8'26'38"
N75'46'36"W
43.07'
C5
127.50'
100.44'
45'08'12"
S77'25'59"W
97.87'
C6
281.50'
25.31'
5'09'07"
N20'37'45"E
25.30'
LINE TABLE
LINE
BEARING
DISTANCE
L1
S29'45'55'V
25.00
L2
S60' 14'05"E
37.00
L3
N29'45'55"E
25.00
L4
S00'51'29"E
38.93
L5
S00'36'50"W
19.84
L6
S29'03'15"E
4.81
L7
S68'48'34"E
37.05
L8
S60'29'31"E
30.31
L9
N60'29'31 "W
26.13
41
ra
-N
fPOINT OF
(2 BEGINNING 2
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v 0'ly' S59' 13'31 "E
\ 06E 3.14'
(g N996 ew
SSg. 9, S32'04'04"W
25.01'
6))\ N59'13'31"W
0 2.35'
"-�S32'04'04"W
25.01'
N59' 13'31 "W
66.86'
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Title:
Scale: 1 inch = 80 feet I File: Deed Plotter. des
Date: 03-27-2026
Tract 1: 0.318 Acres:
13871 Sq Feet: Closure = n06.5727w 0.01 Feet: Precision=1/189155: Perimeter =1165 Feet
001=n55.0323e 154.40
006=s29.4555w 25.00 011=s55.0323w 166.30
002=n81.5639e 113.14
007=-n60.1405w 4.23 012=n00.3650e 30.73
003=s84.3221e 71.06
008=n79.5955w 207.66
004=s79.5955e 213.01
009=n84.3221w 67.11
005=s60.l4O5e 8.59
010=s81.5639w 104.20
Title:
Scale: 1 inch = 20 feet I File: Deed Plotter.des
Tract 1: 0.059 Acres: 2561 Sq Feet: Closure = n24.0214w 0.01 Feet: Precision=1/40406: Perimeter = 255 Feet
001=s60.1405e 99.81
002=s59.1331e 3.14
003=s32.0404w 25.01
004=n59.1331w 2.35
005=n60.1405w 99.59
006=n29.4555e 25.00
Date: 03-27-2026
Title:
Scale: 1 inch = 80 feet I File: Deed Plotter.des
Date: 03-27-2026
Tract 1: 0.296 Acres:
12896 Sq Feet: Closure = s89.4600e 0.01 Feet: Precision=1/200746: Perimeter =1087 Feet
001=n54.5153e 168.18
005: Lt, R=318.50 Delta-04.3006 009=s54.5153w 174.95
end=25.02
002:g� R=152.50 Delta-45.0812
Bng=uu77.2559e, (Sd=I17.05
%7=s20.4008w
006: LC R=292.30 Delta-08.2638 010=100.3650e 8.24
Bng=a75.4636w, 6(i;43.07
003=s79.5955e 190.17
007=n79.5955w 190.17 011=129.0315w 18.42
004: Rt R-317.50 De1te�18.3709
Bng=s75.4121e, Clid�47.72
008: LC R=127.50 Delta 15.0812
Bng s77.2559w �7td�J7.87
Title:
Scale: 1 inch = 20 feet I File: Deed Plotter.des
Tract 1: 0.055 Acres: 2392 Sq Feet: Closure = n68.1556e 0.00 Feet: Precision=1/56517: Perimeter = 241 Feet
001 Rt, R=281.50, Ddta�5.0907
Bng!20.3745e, Chd=25.30
002=s60.293 1 e 3 0.3 1
003=s59.1331e 67.70
004=s32.0404w 25.01
005=n59.1331w 66.86
006=n60.2931w 26.13
Date: 03-27-2026