Easement - DFC Eagledale, LLC - 2026 - Everton Subdivision No. 5 - Pathway EasementAda County Recorder Trent Tripple 2026-071429
Boise, Idaho Pgs= 13 vbailey 09/23/2026 09:00:14 AM
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 Fr
day of Stq m20_, 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 Lane 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 I°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.
2.3 The Easement shall be permanent and perpetual, unless Grantee agrees in writing to
(Reserved for Ada County Recorder)
PERMANENT PATHWAY EASEMENT
AGREEMENT
THIS PERMANENT EASEMENT AGREEMENT is made and entered into this
day of 5jj�m'Oe,f _, 20'> , 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 Lane 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 `11)" 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.
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.
23 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" "GRANTEE"
DFC F,.ACTLEDALE, CITY OF FAGLF.
LLC
B By: J _
Nick Carlson, Vice President Brad Pike, Mayor
ATTEST: •••' CIF EA
G�f �V0A
y:
Tracy Osborn, C1 *1k*-SEAL4gj*
J'j'?: ;oa;;;*� P,��i
•,�• �TF of 1q ••`•
FASFMF.NT AGREEMENT - 3
STATE OF FLORIDA )
ss.
County of St. Johns )
On this +day of �� , 20 Z , 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 Stab of Florida
Wyatt T Sutton
At,My Commission HH 454936
Expires 10/17/2027
STATE OF IDAHO )
)ss.
County of Ada )
NOTAKWUBLIC FOR I9-1:4
Residing atl7coo V 17 Cr., p..k Ucirc PX..c�,, F-L 32obt
My commission expires I dZ�-I'Z-�
On this kk
�� day of &4VQjMMtcX1V , 201(,, 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.
1N WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day
and year in this certificate first above written.
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''•.,,F �OF
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AN TAR PUBLIC FOR IDAHO
Residing at:, &
My commission expires:�•2'ZO�S('
EASEMENT AGRFFMF.NT - 4
kmEXMIBITA
E N G I N E E R I N G
June 20, 2025
Project No. 25-007
Legal Description for
Everton Subdivision No. 5
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 S00°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 Southwest 1/4 of the Southeast 1/4, S89'09'29"E a distance of 568.50 feet
to a 5/8-inch rebar on the subdivision boundary of Everton Subdivision No. 4 and being the POINT OF
BEGINNING.
Thence leaving said southerly line and following said subdivision boundary the following sixteen (16) courses:
1. N00°36'50"E a distance of 227.26 feet to a 5/8-inch rebar;
2. S89`23'10"E a distance of 4.51 feet to a 5/8-inch rebar;
3. N00°36'50"E a distance of 143.00 feet to a 5/8-inch rebar;
4. N89°23'10"W a distance of 26.01 feet to a 5/8-inch rebar;
5. N00`36'50"E a distance of 50.00 feet to a 5/8-inch rebar;
6. S89'23'10"E a distance of 101.00 feet to a 5/8-inch rebar;
7, N00°36'50"E a distance of 170.00 feet to a 5/8-inch rebar;
8. N89'23'10"W a distance of 101.00 feet to a 5/8-inch rebar;
9. N00°36'SO"E a distance of 38.98 feet to a 5/8-inch rebar;
10. 58.72 feet along the arc of a curve to the right, said curve having a radius of 28.00 feet, a delta angle
of 120°09'39", a chord bearing of N60'41'4U'E and a chord distance of 48.54 feet to a 5/8-inch rebar;
11. N30°46'29"E a distance of 40.00 feet to a 5/8-inch rebar;
12. N59"13'31"W a distance of 5.32 feet to a 5/8-inch rebar;
13. 43.53 feet along the arc of a curve to the left, said curve having a radius of 270.00 feet, a delta angle
of 09°14'18", a chord bearing of N63.50'40"W and a chord distance of 43.49 feet to a 5/8-inch rebar;
14. N30"46'29"E a distance of 106.54 feet to a 5/8-inch rebar;
15. 560'14'05"E a distance of 26.42 feet to a 5/8-inch rebar;
16. N32°04'04"E a distance of 100.03 feet to a 5/8-inch rebar on the northerly line of a drainage ditch
easement in favor of Drainage District No. 2;
Thence leaving said subdivision boundary and following said northerly line the following four (4) courses:
1. S59°13'31"E a distance of 132.04 feet to a 5/8-inch rebar;
2. S76°40'18"E a distance of 54.35 feet to a 5/8-inch rebar;
3. 586°37'55"E a distance of 130.12 feet to a 5/8-inch rebar;
4. N79.29'11"E a distance of 321.09 feet to a 5/8-inch rebar on the easterly line of the Southwest 1/4 of
the Southeast 1/4 of said Section 10;
Thence leaving said northerly line and following said easterly line, S00°32'20"W a distance of 101.63 feet to a
5/8-inch rebar;
Thence leaving said easterly line, N89°09'39"W a distance of 139.75 feet;
Thence S00'32'20"W a distance of 636.23 feet to a 5/8-inch rebar,
Thence N89'09'29"W a distance of 56.49 feet to a 5/8-inch rebar;
5725 North Discovery Way - Boise, Idaho 83713 - 208.639.6939 - kmengllp.com
Thence S19°53'49"E a distance of 124.59 feet to a 5/8-inch rebar on the southerly line of the Southwest 1/4 of
the Southeast 114 of said Section 10;
Thence following said southerly line, N89°09'29"W a distance of 586.22 feet to the POINT OF BEGINNING.
Said parcel contains 10.997 acres, more or less.
6 - Zo • 7-02.5
PAGE 12
EXHIBIT B
596.22
Title: Everton Subdivision No. 5
Scale: 1 inch = 200 feet File:
Date: 06-20-2025
Tract 1: 10.997 Acres: 479008 Sq Feet: Closure = s 17.1903e 0.01 Feet: Precision =1 /643727: Perimeter = 3525 Feet
001sn00.3650e227.26
Hng 41240e,Cbd 12 0939
019-s86.3755e130.12
002=s89.2310e 4.51
011=00.4629e 40.00
020=09.2911e 321.09
003=n00.3650c 143.00
012=n59.1331 w 5.32
021=900.3220w 101.63
004=n89.2310w 26.01
n�3e n63.sa0° caa 3 1418
022=n89.0939w 139.75
005=n00.3650c 50.00
014=00.4629c 106.54
023--s00.3220w 636.23
006-s89.2310e 101.00
015=s60.1405e 26.42
024-n89.0929w 56.49
007=n00.3650e 170.00
016-n32.0404e 100.03
025=sl9.5349e 124.59
008-n89.2310w 101.00
017=s59.1331e 132.04
026=n89.0929w 586.22
009=n00.3650e 38.98
018=s76.4018e 54.35
EXHIBIT C
km
E N G I N E E R I N G
July 16, 2026
Everton Subdivision No. 5
Project No. 25-007
Pathway Easement
Legal Description
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, B.M., City of Eagle, Ada County, Idaho and being more
particularly described as follows:
Commencing at an aluminum 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 an 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'S01 a distance of
871.77 feet;
Thence leaving said westerly line, 589°23'10"E a distance of 694.12 feet to a 5/8-inch rebar on the northerly
boundary of proposed Everton Subdivision No. 5 and being POINT OF BEGINNING 1.
Thence following said proposed subdivision northerly boundary the following four (4) courses:
1. S59°13'31"E a distance of 132.04 feet;
2. S76°40'18"E a distance of 54.35 feet;
3. S86°37'55"E a distance of 130.12 feet;
4. N79°29'11"E a distance of 321.09 feet to the easterly line of said Southwest 1/4 of the Southeast 1/4;
Thence leaving said subdivision boundary and following said easterly line, SW32'20"W a distance of 25.47
feet;
Thence leaving said easterly line, S79°29'11"W a distance of 319.25 feet;
Thence N86°37'55"W a distance of 135.35 feet;
Thence N76'40'18"W a distance of 60.36 feet;
Thence N59°1331"W a distance of 136.44 feet a point hereinafter referred to as POINT "A" and being on the
easterly subdivision boundary of Everton Subdivision No. 4;
Thence following said easterly subdivision boundary, N32°04'04"E a distance of 25.01 feet to POINT OF
BEGINNING 1.
Said parcel contains 16,113 square feet, more or less.
TOGETHER VJM
Commencing at the point previously referred to as POINT "A", thence following said easterly subdivision
boundary of Everton Subdivision No. 4, S32°04'04"W a distance of 52.51 feet to POINT OF BEGINNING 2.
Thence leaving said easterly subdivision boundary, S59°13'31"E a distance of 58.05 feet, -
Thence 354.90.14 feet along the arc of a curve to the left, said curve having a radius of 492.50 feet, a delta
angle of 41°17'18", a chord bearing of S79°52'10"E, and a chord distance of 347.27 feet;
Thence N79°29'11"E a distance of 122.68 feet;
5725 North Discovery Way • Boise, Idaho 83713 • 208.639,6939 • kmengllp.com
Thence S00°32'20"W a distance of 25.47 feet;
Thence S79'29'11"W a distance of 117.80 feet;
Thence 372.92 feet along the arc of a curve to the right, said curve having a radius of 517.50 feet, a delta angle
of 41°17'18", a chord bearing of N79°52'10"W, and a chord distance of 364.90 feet;
Thence N59°13'31"W a distance of 58.61 feet;
Thence N32°04'04"E a distance of 25.01 feet to POINT OF BEGINNING 2.
Said parcel contains 13,562 square feet, more or less.
Said descriptions contain a total of 29,675 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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FOUND ALUMINUM CAP
CENTER 1/4 CORNER SECTION 10
/
Everton
EXISTING PATHWAY Subdivision
EASEMENT No.3
S89'23'10"E / 694.1 2' (TIE)_
POINT OF \ v
BEGINNING 2
EXISTING PATHWAY\ \
EASEMENT PER
INST. No.
2026-038905
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POINT OF COMMENCEMENT
FOUND ALUMINUM CAP
SOUTH 1/4 CORNER SECTION 10
POINT OF
BEGINNING 1
- POINT "A"
FOUND ALUMINUM CAP
CENTER -EAST 1/16 CORNER
SECTION 10
w'
NI
0 100 .. 200 300 C I rn
Plan Scale: 1" = 100' z I
0910 �L3
b. f 319.25
L5 �� c
C7 D.D. No. 2 Drain r 0 L
�:�r
o � t3
Proposed Everton o
Subdivision No. 5
J
DFC Eagledale LLC
SO410428250
PF"ECT:
SHEET:
1 OF 2
2026
Exhibit B - City of Eagle Pathway Easement
Everton Subdivision No. 5h3"
A portion of the SW 1/4 of the SE 1/4 of Section 10, E N G 1 N E E R I N G
5725 NORTH DISCOVERY WAY
T4N., R1W., B.M., City of Eagle, Ada County, Idaho PHONE
-693
PHONE (I D HO 837134
kmertgllp.com
LINE TABLE
LINE
BEARING
DISTANCE
Lt
S59'13'31"E .
132.04'
L2
S76'40'18'E
54.35'
L3
S86'37'55'E
130.12'
L4
S00'32'20'W
25-47'
L5
N86'37'55"W
135.35'
L6
N76'40' 18"W
60.36'
L7
N59' 13'31 "W
136.44'
L8
N32'04'04"E
25.01'
L9
S32'04'04"W
52.51'
1-10
S59'13'31"E
58.05'
L11
N79'29'11'E
122.68'
L12
S00'32'20'W
25.47'
L13
S79'29' 11 "W
117.80'
L14
N5W 13'31 `W
58.61'
L15
N32-04-04"E
25.01'
CURVE TABLE
CURVE
RADIUS
LENGTH DELTA CHORD BRG
CHORD
C1
4.92.50'
354.90' 41' 17' 18" S79'52' 10"E
347.27'
C2
517.50'
372.92' 41'17'18" N79'52'10'W
+ 364.90'
DATE: July 2026
PROJECT: 25-007
SHEET:
2OF2
Exhibit B - City of Eagle Pathway Easement
Everton Subdivision No. 5
A portion of the SW 1/4 of the SE 1/4 of Section 10,Township 3 North, Range E N G I N E E R I N G
3 5725 NORTH DISCOVERY WAY
T4N.1 R1W., B.M., City of Eagle, Ada County, Idaho PHONE IDAHO
-693
PHONE (208I 639-6939
kmenglip.com
�Sg .
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;10?pyre
r
n�• sqo
n79'2 g tt"a
33r�
s)g•�7g e
32t 09
54.35
s86'3T55"e r�
319.25
60.36
nr6 °90't8
135.35
n86°3T55 w
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---
7!1 Q12026
Scale: 1 inch= 70 feet
'File:
Tract1: 0-3699 Acres (16113 Sq. Feet), Closure: s17.4843e 0.01 ft. (11258450), Perimeter=1339 ft.
01 s59.1331 a 132.04
08 n76.4018w 60.36
02 s76.4018e 54.35
09 n59.1331w 136.44
i
03 s86.3755e 130.12
10 n32.0404e 25.01
04 n79.2911e 321.09
05 s00.3220w 25.47
06 s79.2911w 319.25
07 n86.3755w 135.35
7/10/2026
Scale: 1 inch= 60 feet
1: 0.3113 Acres (13562 Sq. Feet), Closure: n00.0000e 0.00 ft. (1l310547), Perimeter=1135 ft.
01 s59.13319 58.05 08 n32.0404e 25.01
02 U, r=492.50, delta=041.1718, chord=s79.5210e 347.27
03 n79.2911e 122.68
04 s00.3220w 25.47
05 s79.2911w 117.8
06 Rt, r=517.50, delta=041,1718, chord=n79.5210w 364.90
07 n59.1331w 58.61