Easement - Aires Development/Brookwood pathway - 8/29/2002
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ADA COUNTY RECORDER
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EASEMENT AGREEMENT
TillS AGREEMENT is made and entered into thi~ffl day of A (,< q /,( e;-r , 2002,
by and between ARIES DEVELOPMENT, LL.C., an Idaho limited liability company, whose
address is 1101 West River Street, Boise, Idaho, 83702, hereinafter referred to as "Grantor", and
the CITY OF EAGLE, an Idaho municipal corporation, 310 East State, Eagle, Idaho, 83616,
hereinafter referred to as "Grantee".
RECITALS:
A.
The Grantor is the owner of Lot 13, Block 2, Brookwood Subdivision No.1, according to
the official plat thereof recorded in Book 79 of Plats, pages 8483-8489; and Lot 19, Block 2,
Brookwood Subdivision No.3, according to the official plat thereof recorded in Book 81 of
Plats, pages 8820-8824, all in Ada County, Idaho (collectively "Subject Property").
B.
The Subject Property constitutes a portion of the Brookwood Planned Unit Development,
the master plan for which includes the construction and conveyance to the Grantee of an
improved path more or less along the southern boundary of Dry Creek for pedestrian and
non-motorized vehicle access for members of the general public, including residents within
the Brookwood Planned Unit Development.
C.
A portion of said pathway has been completed, has been inspected and found acceptable by
the City of Eagle, and the parties consequently herein desire to provide for a fonnal
easement thereto from the Grantor to the Grantee.
NOW, THEREFORE, in consideration of the mutual covenants herein contained, and for
other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged
by the Grantor, the parties hereto agree, for themselves, their successors and assigns, as follows:
1.
Grantor hereby grants to the Grantee, a perpetual easement, twelve (12) feet in
width, over and across the real property situated in the city of Eagle, Ada County,
Idaho, described more particularly in Exhibit "A" and as generally shown on Exhibit
"B", copies of which are attached hereto and by this reference incorporated herein.
2.
The purpose for which said easement is granted, is to provide the Grantee, together
with all members of the general public, pedestrian and non-motorized vehicular
access on the pathway which the Grantor has constructed thereon, and to further
permit the Grantee, its employees, agents, and contractors to maintain, repair or
replace the pathway and related improvements within the easement with such
machinery and equipment as may be reasonably necessary from time to time.
EASEMENT AGREEMENT - 1
3.
The Grantee shall save and hold the Grantor, and all succeeding owners of the real
property burdened by said easement, harmless £fom any and all liability for personal
injury or property damage resulting £fom, or in any way connected with, the use made
of said easement by the Grantee, its employees, agents, or contractors, and by members
of the general public, excepting only liability for personal injuries or property damage
caused solely by the negligence or wrongdoing of the Grantor, or succeeding owners
of the real property burdened by said easement.
4.
Grantee shall at all times maintain said easement, and pathway situated thereon, in
good condition and repair, unobstructed and open to the public, and shall not permit
noxious weeds or plants to grow within said easement, nor allow garbage, debris, or
other objectionable articles to accumulate or be stored upon the easement.
5.
In the event of a breach hereunder by any party, the non-breaching party shall have all
remedies available at law or in equity, including injunctive or other equitable relief In
any suit, action or appeal there£fom to enforce or interpret this Easement Agreement,
the prevailing party shall be entitled to recover its costs incurred therein, including
reasonable attorneys fees and disbursements.
IN WITNESS WHEREOF, the parties have caused this agreement to be executed on the date
and year first above written.
"GRANTOR"
ARIES DEVELOPMENT, LLC.
By ~~Æ
~chaelliormaechea
Its: Managing Member
"GRANTEE"
CITY OF EAGLE, IDAlIO
By:
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Its: Mayor .
EASEMENT AGREEMENT - 2
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EASEMENT AGREEMENT - 3
PROJECT:
DATE:
SHEET:
98036
January 8, 2002
lof4
EXHIBIT" A"
12.00 FOOT WIDE BIKE PATH EASEMENT
Two strips of land 12.00 feet in width situated in the SI/2 of Section 4, TAN., R.1E., B.M., City
of Eagle, Ada County, Idaho, lying within Lot 13, Block 2 of Brookwood Subdivision No.1,
according to the official plat thereof recorded in Book 79 of Plats, Pages 8483 through 8489 and
within Lot 19, Block 2 of Brookwood Subdivision No.3, according to the official plat thereof
recorded in Book 81 of Plats, Pages 8820 through 8824, lying 6.00 feet on each side of the
following described centerlines:
COMMENCING at the south 1/16 corner common to Sections 4 and 5, from which point, the
southwest comer of said section bears, S.01°26'33"E, 1321.78 feet; thence, along the westerly
line of said section,
A) S.01°26'33"E., 171.45 feet to the intersection with the westerly prolongation of the
northerly line of said Lot 13 of Brookwood Subdivision No.1; thence, along said
prolongation and northerly line;
N.81°41'26"E., 68.49 feet to a line parallel with and 20.00 feet easterly of the
westerly line of said lot, said parallel line being on the easterly line of an existing
20,00 foot wide ACHD Bike Path Easement; thence, along said paraIIelline,
S.OI °26'33"E., 46.12 feet to the centerline of said 12.00 foot wide bike path easement
and the POINT OF BEGINNING; thence,
1) N.80010'53"E., 16.81 feet to a point hereinafter referred to as Point "A"; thence,
2) N.75°01 '47"E., 30.80 feet to the beginning ofa tangent curve; thence,
3) Northeasterly along said curve to the left having a radius of 50.00 feet, and arc
length of 7.77 feet, through a central angle of 08°54'22", and a chord bearing and
distance ofN.70034'36"E., 7.76 feet; thence, tangent from said curve,
4) N.66°0T25"E., 61.37 feet to the beginning of a tangent curve; thence,
5) Northeasterly along said curve to the left having a radius of 100.00 feet, an arc
length of 8.94 feet, through a central angle of 05°01' 18", and a chord bearing and
distance ofN.63°33'46"E., 8.94 feet; thence, tangent from said curve,
6) N.61°00'07"E., 1 00.46. feet to the beginning of a tangent curve; thence,
7) Northeasterly along said curve to the right having a radius of 100.00 feet, an arc
length of9.98 feet, through a central angle of 05°43'09", and a chord bearing and
distance ofN.63°51 '41"E., 9.98 feet; thence, tangent from said curve,
8) N.66°43' l6"E., 93.80 feet to the beginning of a tangent curve; thence,
9) Northeasterly along said curve to the right having a radius of 100.00 feet, an arc
length of 23.67 feet, through a central angle of 13°33'38", and a chord bearing
and distance ofN.73°30'05"E., 23.61 feet; thence, tangent from said curve,
10) N.80016'54"E., 182.91 feet to the beginning of a tangent curve; thence,
B)
C)
PROJECT:
DATE:
SHEET:
98036
January 8, 2002
2 of4
11) Northeasterly along said curve to the right having a radius of 100,00 feet, an arc
length of 16,84 feet, through a central angle of 09~38'56", and a chord bearing
and distance ofN,85°06'22"E., 16:82 feet; thence, tangent from said curve,
12) N.89°55'50"E., 239,71 feet to the beginning of a tangent curve; thence,
13) Northeasterly along said curve to the left having a radius of 100,00 feet, an arc
length of 20A3 feet, through a central angle of 11°42'25", and a chord bearing
and distance ofN,84°04'38"K, 20AO feet; thence, tangent from said curve,
14)N.78°13'25"E., 199.25 feet to the beginning of a tangent curve; thence,
15) Northeasterly along said curve to the right having a radius of 100,00 feet, an arc
length of 19,15 feet, through a central angle of 10°58'26", and a chord bearing
and distance of N.83°42'38"K, 19,12 feet to a line parallel with and 6.00 feet
southerly of the northerly line of the SWI/4 of the SWI/4 of said Section 4;
thence, tangent from said curve, along said parallel line,
16) N,89°11 '51"E., 267.05 feet to a line parallel with and 6.00 feet easterly of the
easterly line of the NWl/4 of the SW1I4 of said section; thence, along said
parallel line,
17) N.Ol °30'07"W., 380.66 feet to the beginning of a tangent curve; thence,
18) Northeasterly along said curve to the right having a radius of 100.00 feet, an arc
length of 20.88 feet, through a central angle of 11 °57'50", and a chord bearing
and distance ofN.04°28'48"E., 20.84 feet; thence, tangent from said curve,
19) N.l 0°27' 43 'E., 4.03 feet to the beginning of a tangent curve; thence,
20) Northeasterly along said curve to the left having a radius of 100.00 feet, an arc
length of 17.32 feet, through a central angle of 09°55'29", and a chord bearing
and distance ofN.05°29'58"E., 17.30 feet; thence, tangent from said curve,
21)N.00032'14"E., 58.20 feet to the beginning of a tangent curve; thence,
22) Northeasterly along said curve to the right having a radius of 45.00 feet, an arc
length of 68.70 feet, through a central angle of 87°28'00", and a chord bearing
and distance ofNA4°16'14"E., 62.22 feet; thence, tangent from said curve,
23) N .88°00' 14"E., 12.27 feet to the beginning of a tangent curve; thence,
24) Northeasterly along said curve to the left having a radius of 100.00 feet, an arc
length of 18.77 feet, through a central angle of 10°45'24", and a chord bearing
and distance of N,82°37' 32"E., 18.75 feet; thence, tangent from said curve,
25) N,77°14'50"K, 75.78 feet to the beginning of a tangent curve; thence,
26) Northeasterly along said curve to the right having a radius of 50.00 feet, an arc
length of 14,70 feet, through a central angle of 16°50'51, and a chord bearing and
distance ofN.85°40'15"K, 14.65 feet; thence, tangent from said curve,
27) S.85°54' 19"E., 25,25 feet to the beginning of a tangent curve; thence,
28) Northeasterly along said curve to the left having a radius of 50.00 feet, an arc
length of 26.06 feet, through a central angle 29°52'02", and a chord bearing and
distance ofN.79°09'40"E., 25.77 feet; thence, tangent from said curve,
29) N.64°13'39"E., 18.43 feet to the beginning of a tangent curve; thence,
PROJECT:
DATE:
SHEET:
98036
January 8, 2002
3 of4
30) Northeasterly along said curve to the left having a radius of 50.00 feet, an arc
length of 11.69 feet, through a central angle of 13~23'35", and a chord bearing
and distance ofN.57°31' 51 "E, 11:66 feet; thence, tangent from said curve,
31) N.50050'04"E., 23,95 feet to the beginning of a tangent curve; thence,
32) Northeasterly along said curve to the left having a radius of 100.00 feet, an arc
length of 18.06 feet, through a central angle of 10°20'45", and a chord bearing
and distance ofN.45°39'42"E., 18.03 feet; thence, tangent from said curve,
33) N.40029' 19"E, 4.45 feet to the beginning of a tangent curve; thence,
34) Northeasterly along said curve to the right having a radius of 100.00 feet, an arc
length of 44.83 feet, through a central angle of 25°41 '10", and a chord bearing
and distance ofN.53°19'54"E., 44.46 feet; thence, tangent from said curve,
35)N.66°10'29"E.,378.56 feet to the beginning of a tangent curve; thence,
36) Northeasterly along said curve to the left having a radius of 100.00 feet, an arc
length of 3.41 feet, through a central angle of 01 °57' 09', and a chord bearing and
distance ofN.65°11 '54"E., 3.41 feet; thence, tangent from said curve,
37) N.64°13 '20"E., 1 02.19 feet to the beginning of a tangent curve; thence,
38) Northeasterly along said curve to the right having a radius of 100.00 feet, an arc
length of 17.43 feet, through a central angle of 09°59'04", and a chord bearing
and distance ofN.69°12' 52"E., 17.40 feet; thence, tangent from said curve,
39) N.74°50' 12"E, 101.48 feet to the beginning of a tangent curve; thence,
40) Northeasterly along said curve to the left having a radius of 100,00 feet, an arc
length of 53.05 feet, through a central angle of 30°23°50", and a chord bearing
and distance ofN.59°38' 17'E., 52.43 feet; thence, tangent from said curve,
41) N.44°26'22"E., 12.29 feet to the beginning ora tangent curve; thence,
42) Northeasterly along said curve to the right having a radius of 100.00 feet, an arc
length of 52.54 feet, through a central angle of 30°06'07", and a chord bearing
and distance ofN.59°29'26"E., 51.94 feet; thence, tangent from said curve,
43) N.74°32'29"E., 36.54 feet to the beginning of a tangent curve; thence,
44) Northeasterly along said curve to the left having a radius of 100.00 feet, an arc
length of 5.69 feet, through a central angle of 03°15'32", and a chord bearing and
distance ofN.72°54'43"E., 5.69 feet to the POINT OF TERMINATION on the
northeasterly line of Lot 19, Block 2 of said Brookwood Subdivision No.3, from
which point the most northerly comer of said lot bears N.29°34'00"W., 45.75
feet
TOGETHER WITH
BEGINNING at the above-described Point "A"; thence;
45) S.02°34'29"E., 15.58 feet to the beginning of a tangent curve; thence,
PROJECT:
DATE:
SHEET:
98036
January 8, 2002
4 of4
46) Southwesterly along said curve to the right having a radius of 20.00 feet, an arc
length of 16.06 feet, through a central angle of 4~01' 15", and a chord bearing
and distance of S.20o26'O8"W., 15.64 feet; thence, tangent from said curve,
47) S.43°26'46"W., 15.75 feet to the POINT OF TERMINATION on the easterly
line of the above-described existing 20.00 foot wide ACHD Pathway Easement.
CONTAINING 0.81 acres, more or less.
SUBJECT TO all Covenants, Rights, Rights-of-Way, and Easements of Record.
EXHIBIT "B" attached, and by this reference made a part hereof.
,.
(02002 TOOlHIJJlJHRTON ENGINEERING CO. THIS INSTRUMENT IS TilE PROPERTY or TOOTHMAN-ORTON ENGINEERING CO f.N( REPRODUCTION, REUSE OR MOOIrICATION Of THIS INSTRUMENT OR ITS CONTENTS WITHOUT SPECInC WRITTEN PERMISSION or TOOTHMIIN-ORTON ENGINEERiflG CO. IS STRICTLY PRO~II~~~EQ,
EXHIBIT
"B "
TWO STRIPS OF LAND 12.00 FEET IN WIDTH SITUATED IN THE S 1 /2 OF SECTION 4,
TAN., R.1 E., 8.M., CITY OF EAGLE, ADA COUNTY, IDAHO, LYING WITHIN 8ROOKWOOD
SUBDIVISION NO.1 AND 3.
2002
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Pl. "A"
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BROOKWOOD SUBDIVISION NO.1
Bk. 79 Plats, Pg. 8483 - 8489. e
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FLOATING FEATHER ROAD
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EXISTING 20.00'
ACHD 81KE PATH
EASEMENT.
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1000
1500
TOOTHMAN -ORTON ENGINEERING CO.
ENGINEERS SURVEYORS PLANNERS
9777 CHINDEN BOULEVARD. BOISE, IDAHO 83714-2008
PHONE: 208-323-2288 . FAX: 208-323-2399
G:\98036\PHASEJ\EXH-BIKEPATH.OWG OATE: 01-10-02 JOB 980J6\PHASD