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Easement - Greenbelt easement acraoss Ballantine Canal - 4/4/2005 ADA COUNTY RECORDER J. DAVID NAVARRO AMOUNT .00 3 BOISE IDAHO 05/05105 02:49 PM ~~~~~E~i:k~:ÓI~~ST OF 1111111111111111111111111111111111111 Eagle City 105056691 Recording of Greenbelt Easement Requested By: Sharon K. Bergman City Clerk/Treasurer City of Eagle City 310 E. State Street Eagle, Id 83616 This sheet has been added to the document to accommodate the recording information. GREENBELT EASEMENT KNOW ALL MEN BY THESE PRESENTS, that G.O. RANCHES, INC. 1505 Riverside Drive Eagle, Idaho, 83616, (Grantor), does hereby give and grant unto the CITY OF EAGLE, municipal corporation of the State of Idaho, P.O. Box 1520, Eagle, Idaho, 83616, (Grantee) exclusively and solely for use by the general public, a greenbelt easement for pedestrian and non-motorized access. There are no implied easements across the Grantor's land to access this easement nor does the Grantee guarantee any access to this easement. Property Description: See Exhibit "A" To have and to hold the said easement unto the City of Eagle, for the purposes herein above described, its successors and assigns forever. If, for any reason, the easement fails to be used for its intended use as a greenbelt for the benefit of the general public, this easement shall revert to the State of Idaho for the purpose of a public access greenbelt. IN WITNESS WHEREOF, J. Michael Gwartney, has caused these presents to be duly executed by his signature. Attest: As Party of the First Part . y,~ L t J. M el Gwartney Title: ~ rA.....~ G.O. Ranc , Inc. ***ACKNOWLEDGEM ENT*** STATE OF IDAHO ) COUNTY OF ADA) SS On this, If day of d,Jri I , 2005, before me, a Notary Public in and for said county and state personally appeared J. Michael Gwartney, known to me to be the r of G.O. Ranches, Inc. whose name is subscribed to the within instrument and acknowledged to me that he executed the same on behalf of said G.O. Ranches, Inc. In witness whereof, I have hereunto set my hand and affixed my official seal the day and year first above written. EXHIBIT A LAND DESCRIPTION Greenbelt Easement across Ballantine Canal A strip of land twenty-five (25) feet wide, all lying northerly of, along and adjacent to a line in the NE1j4SE1j4 of Section 16, Township 4 North, Range 1 East, Ada County, Idaho, City of Eagle; said line being more particularly described as follows: Commencing at the east quarter (E1j4) corner of said Section 16; thence SOoo47'43'W 381.57 feet along the east line of said Section 16 to a point on the ordinary high water mark of the north (right) bank of the North Channel of the Boise River; thence the following seven (7) courses along said ordinary high water mark described in Instrument Number 94048233, records of Ada County: 1) S89°27'08"W 120.90 feet; 2) N86°47'12"W 43.89 feet; 3) N86°47'12"W 82.70 feet; 4) N69°15'52"W 198.51 feet; 5) N78°48'52"W 87.42 feet; 6) S84°01'08"W 154.37 feet; 7) N41°55'52"W 85.42 feet to the POINT OF BEGINNING of the aforementioned line; thence departing from said ordinary high water mark N19°57'57"W 47.76 feet; thence N61°13'51"W 19.54 feet; thence S53°52'53"W 60.16 feet; thence S72°40'59"W 18.20 feet to a point on the ordinary high water line as described in said Instrument Number 94048233, records of Ada County The above described area containing 0.094 acres, more or less. It being the intention that the east and west ends of the north line of the twenty-five (25) foot wide strip described herein be extended or shortened to terminate on the north line of the twenty-five foot (25) foot wide strip as described in said Prepared by: Instrument Number 94048233, records of Ada County. Dean J. Coon, PLS, EIT Holladay Engineering Co. The basis of bearing for this description being record of survey number 6864 recorded at Instrument Number 105043786, records of Ada County. G:\Eg\O40202\040202S\survey\Greenbelt desc-Ballantine Canal.doc Page 1 of 1