Resolution - 2007 - 27 - Vacating A Roadway Access Easement With Ada County For The Eagle Water Tank Site/Approve Roadway Access Easement Agt - 07/24/2007
RESOLUTION NO. 07-..,,27
A RESOLUTION OF THE CITY OF EAGLE, ADA COUNTY, IDAHO, V ACA TING A
ROADWAY ACCESS EASEMENT WITH ADA COUNTY FOR THE EAGLE WATER
TANK SITE; APPROVING A NEW ROADWAY ACCESS EASEMENT AGREEMENT
WITH ADA COUNTY FOR THE EAGLE WATER TANK SITE, AUTHORIZING THE
MAYOR AND CITY CLERK TO EXECUTE SAME; AND PROVIDING AN EFFECTIVE
DATE.
WHEREAS, Ada County granted a roadway access agreement, arreement number 7465,
to the City of Eagle to access the Eagle Water Tank Site on March 28t , 2006, such document
recorded with the Ada County Recorder as document number 106047246; and
WHEREAS, the City has requested to relocate said easement and such relocation has
been approved by Ada County; and
WHEREAS, in order to relocate the roadway access easement, the City of Eagle must
vacate the original roadway access easement and Ada County must grant a new roadway access
easement to the City of Eagle;
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
EAGLE, Ada County, Idaho, as follows:
Section I: The March 28, 2006, Roadway Access Easement Agreement between the City
of Eagle and Ada County for access to the Eagle Water Tank Site, agreement number 7465,
recorded as Ada County document 106047246, is hereby vacated, and the Mayor and City Clerk
are hereby authorized and directed to execute the same on behalf of the City.
Section 2: The revised Roadway Access Easement Agreement between the City of Eagle
and Ada County to access the Eagle Water Tank Site, attached hereto as Exhibit A and by
reference made a part hereof, is hereby approved, and the Mayor and City Clerk are hereby
authorized and directed to execute the same on behalf of the City.
Section 3: This Resolution shall take effect and be in force from and after its passage and
approval.
DA TED this~ q~day of July, 2007.
CITY OF EAGLE
A a County, Idaho
ATTEST:
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AGREEMENT NO.
ROADWAY ACCESS EASEMENT AGREEMENT
THIS EASEMENT AGREEMENT made this _ day of ,2007, by
and between the CITY OF EAGLE, an Idaho Municipal Corporation ('"City"), and ADA
COUNTY, a duly organized and existing county under the laws and constitution of the
State of Idaho, {"County").
WITNESSETH
That COUNTY in consideration of the covenants and promises described in this
agreement and the sum of ten dollars ($ I 0.00) and other valuable consideration does
hereby grant and convey unto CITY, its successors and assigns, a nonexclusive easement
and right of way, over the real property described below for the purpose of crossing said
real property with a roadway to access the Eagle Water Tank Site, conveyed to City
contemporaneously herewith, including therewith the right, as modified below, to enter
upon the below described real property, at all reasonable times, including ingress and
egress thereto, at the sole expense of CITY, to construct, maintain, operate, inspect, alter,
replace, excavate, prepare, install, backfill, and repair said access roadway, over and
across the following described real property belonging to the said COUNTY:
See Exhibit "A" attached hereto and made a part hereofby reference.
COUNTY grants the easement described in Exhibit A to CITY and its successors
and assigns for so long as CITY shall use the aforesaid real property for any of the
purposes mentioned above. If CITY fails to use the aforesaid real property for such
ROADWAY ACCESS EASEMENT AGREEMENT - PAGE I
purposes for a continuous period of one (I) year or more, the above-described real
property shall automatically revert to COUNTY and its successors and assigns without it
being necessary for COUNTY and its successors or assigns to take any affirmative action
to effectuate the reverter.
CITY covenants with COUNTY, its successors and assigns, that after any
maintenance, inspection, replacement, excavation, preparation, installation, backfill, or
repair activities, CITY will keep said roadway in good repair, and at all times shall
restore the surface of the ground not covered by the roadway, including any paving
and/or landscaping located thereon, to as good of condition as when entered upon by
CITY or its agents for so long as this easement shall be in effect.
IN WITNESS WHEREOF, these present have been executed by the
undersigned this _ day of
,2007.
COUNTY:
Board of Ada County Commissioners
By:
Rick Yzaguirre, Chairman
By:
Judy M. Peavey-Derr, Commissioner
By:
Fred Tilman, Commissioner
ATTEST:
J. David Navarro, Ada County Clerk
ROADWAY ACCESS EASEMENT AGREEMENT - PAGE 2
STATE OF IDAHO )
) ss.
County of Ada )
On this _ day of ,2007, before me a notary public, personally appeared
Rick Yzaguirre, Judy M. Peavey-Derr, and Fred Tilman known or identified to me, to be
the County Commissioners of Ada County, that executed the said instrument, and
acknowledged to me that Ada County executed the same.
Notary Publicr for Idaho
Commission expires:
ROADWAY ACCESS EASEMENT AGREEMENT - PAGE 3
Boundary Description
80' WIDE INGRESS / EGRESS EASEMENT
A strip of land 80 feet wide, lying within lot 1 of Block 1 of Hidden Hollow Subdivision, in a portion of the
NW1/4SW1/4 Section 2 and the NE1/4SE1/4 Section 3, Township 4 North, Range 1 East, Boise Meridian,
Ada County, Idaho, said strip lying 40 feet on each side of the following described reference line:
COMMENCING at the quarter corner common to said Sections 3 & 2, which is monumented with a
found brass cap set in concrete;
thence along the north line of the southeast quarter of said Section 3, N 89029'29" W 665.66 feet. to a
point on the easterly right-of-way line of old State Highway No. 55, now North Horseshoe Bend Road;
thence along said right-of-way line S 18006'50" E 779.18 feet. to the intersection of said right-of-way
line and the center line of an easement described in Inst. No. 7917727, records of Ada County, said point
being the POINT OF BEGINNING of said reference line;
thence along said easement center line N 60015'23" E 216.05 feet
thence along said easement centerline N 14003'23" E 234.20 feet;
thence along said easement centerline N 16044'37" W 256.71 feet
thence leaving said easement center line and running northeasterly, 168.47 feet alona a 90.00 foot
radius curve concave southeasterly, through a central angle of 107015'08", said curve having a long
chord bearing N 36052'57" E 144.93 feet, to a point lying 40 feet south of, and measured at right
angles to, the north line of said southeast quarter of Section 3;
thence along a line parallel with, and 40.00 feet south of, said north line S 89029'29" E 166.61 feet. to a
pOint on the east line thereof;
thence along a line parallel with, and 40.00 feet south of, the north line of the southwest quarter of said
Section 2, S 89040'28" E 185.73 feet;
thence southeasterly, 57.81 feet aJonq a 50 foot radius curve concave southwesterly, through a central
angle of 66014'55", said curve having a long chord bearing S 56033'00" E 54.65 feet;
thence S 23025'33" E 106.30 feet;
thence southeasterly, 40.06 feet alona a 60 foot radius curve concave
northeasterly, through a central angle of 38015'20", said curve having a long chord
bearing S 42032'13" E 39.32 feet;
thence S 61040'52" E 159.01 feet;
THIS DESCRIPTION WAS PREPARED BY DEAN J. COON, PLS10328
ON DECEMBER 13, 2006
G:\Eg\021805\survey\Revised Ingress-Egress Easement.doc
thence easterly, 39.71 feet alona a 90 foot radius curve concave northerly, through a central angle of
25016'57", said curve having a long chord bearing S 74019'21" E 39.39 feet;
thence S 86057'50" E 120,00 feet to the POINT OF TERMINUS of said reference line.
EXCEPTING THEREFROM all lands lying northeasterly of the easterly line of Ada County Lease Area
as shown on Record of Survey #3091 (Inst. No. 95006284).
The north and south sidelines at the west end of said easement shall be shortened or extended to
terminate at the said easterly right-of-way line.
The parcel of land to which this description applies contains 137,721 square feet (3.162 acres), more or
less.
Bearings are based upon the Ada County Lease Area as shown on Record of Survey #3091 (Inst. No.
95006284), records of Ada County
END OF THIS DESCRIPTION THAT CONTAINS Z PAGES.
THIS DESCRIPTION WAS PREPARED BY DEAN J. COON, PLS10328
ON DECEMBER 13, 2006
G:\Eg\021805\survey\Revised Ingress-Egress Easement.doc
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