Easement - 2005 - South Channel - For Preservation & Maintenance of Wetland and Floodplain - 6/9/2005
~
. .
STATE OF IDAHO
CONSERVATION EASEMENT
ACQUIRED EASEMENT NO. _
THIS INDENTURE, made and entered into, by and between, SOUTH CHANNEL,
L.L.c., an Idaho limited liability company, of533 East Riverside Drive, Suite 110, Eagle, Idaho
83616 (South Channel) and THE CITY OF EAGLE, P.O. Box 477, Eagle, Idaho 83616, (City)
as provided for by Sections 55-2101, et.seq. Idaho Code.
WITNESSETH: South Channel hereby grants to the City of Eagle a non-exclusive,
perpetual easement (the "Easement") for the purpose of preserving and maintaining the wetland
and flood plain values on the following described lands situated in Ada County, State of Idaho,
more specifically described as follows:
LEGAL DESCRIPTION ATTACHED HERETO AS EXHIBITS A3 & B3
GENERAL PROVISIONS
1. The agreed upon purposes of this Easement are the preservation and maintenance
of wetland and floodplain values existing within the Easement boundary as of the effective date
of this grant, as well as protection and enhancement of plant and animal populations and their
habitat within the Easement boundary.
2. For purposes of this Easement, the rights granted to the City of Eagle hereby
include, but are not limited to, the right of inspection to confirm compliance with tenus of this
Easement.
3. This Easement shall be binding on and inure to the benefit of South Channel and
its successors and assigns. South Channel covenants to warrant and defend unto the City of
Eagle, its successor and assigns, the interests in the land constituting this Easement against all
claims and demands, subject to the tenus and conditions contained herein.
4. City of Eagle agrees to indemnify and hold Grantor and Grantor's succcessors and
assigns hanuless from any liability for any property damages or personal injury claim, of any
description, arising out of the Conservation Easement, which results from the negligence of the
City of Eagle, its employees, officers, agents and/or contractors. Grantor agrees to indemnify
and hold the City of Eagle hanuless from any liability for any property damages or personal
injury claim, of any description, arising out of the Conservation Easement which results from the
negligence of Grantor.
Conservation Easement - 1
. .
SOUTH CHANNEL AND THE CITY AGREE THAT:
A. No dwellings, bams, outbuildings, or other stmctures will be built within the
Easement area unless mutually agreed upon, in advance, in writing, by the City of Eagle and
South Channel.
B. The vegetation or hydrology of the described Easement area will not be altered in
any way or by any means or activity of South Channel, its successors or assigns, within the
Easement, including (I) cutting or mowing; (2) cultivation; (3) grazing; (4) harvesting wood
products; (5) buming; (6) placing of refuse, wastes, sewage, or other debris; and (7) draining,
dredging, channeling, filling, discing, pumping, diking, impounding, and related activities
unless: any such activity is pennitted or required as a condition of a joint 404 pennit issued to
Grantor, its successors or assigns by the U.S. Anny Corps of Engineers; or such activity is
muhlally agreed upon, in advance, in writing, by South Channel and City.
C. South Chalmel shall have the full right of ingress and egress to their private
property underlying the Easement area described in attached legal descriptions Exhibit A3 and
B3.
D. South Channel shall have the right to hunt and fish on the Easement area in
accordance with all federal, state, and local game and fishery regulations.
E. The Grantor and the City each shall have the full right of ingress and egress to
conduct wetlands management and monitoring, and Easement enforcement activities. The City
may use any reasonably convenient route of access to the Easement area unless or until, South
Channel has designated a route to and from the Easement area.
F. The Grantor shall have the right to install, operate, and maintain stmctures,
facilities or utilities for the purpose of reestablishing, protecting, and enhancing wetland
functions and values, including the transport of constmction materials to and from sites where
the same are to be installed, operated or maintained.
G. Notwithstanding pennissive provisions of state or federal law to the contrary, City
shall have the right to prohibit or regulate hunting, trapping, fishing or other taking of migratory
birds, fish or other wildlife within the Easement. City's right to prohibit any of these activities as
provided herein may be asserted by City at any time by (a) the City posting the area; or (b)
otherwise giving notice of the prohibitions to South Channel.
H. South Channel covenants with the City of Eagle that South Channel is lawfully
seized and possessed of the above-described Easement premises; that South Channel has the
authority and right to convey the Easement; that the Easement is free from all encumbrances
except those filed of record in Ada County; and that South Channel will warrant and forever
defend the title and possession thereto against the lawful claim of all persons.
I. South Channel covenants that it will not do, suffer, or pennit any act whereby the
Easement may be impaired, encumbered, or in any manner unreasonably interfered with.
Conservation Easement - 2
TO HA VE AND TO HOLD the Easement for the purposes herein above-described unto
the City of Eagle, its successors and assigns forever.
IN WITNESS WHEREOF, South Channel has executed this Conservation Easement
effective the cr day of \../ C1 ~ ,2005.
SOUTH CHANNEL, L.L.C. by its Managing Member,
Rocky Rid e Constmction, Inc.,
IN WITNESS WHEREOF, the CITY OF EAGLE, Grantee, has executed this
Conservation Easement effective the.,?8llM:lay of ::t un-€- ,2005.
GRANTEE:
CITY OF EAGLE
II rvr. 1<~
""'SharonK. Bergmann, City Cle
Conservation Easement - 3
STATE OF IDAHO. )
: ss.
County of Ada. )
'h
On this q - day of ~\...>v~ 2005, before me, a notary public in
and for the state of Idaho, personally appeared Jeff Sherburne, known and identified to me to be
the President of Rocky Ridge Constmction, Inc., an Idaho corporation, the Managing Member of
South Channel, L.L.c., an Idaho limited liability company, and the Managing Member who
subscribed said liability company name to the foregoing instmment, and acknowledged to me
that he executed the within instmment on behalf of said limited liability company.
STATE OF IDAHO )
: ss.
County of Ada )
On this &!!.., day of t kn..e, , in the year 2005, before me, a
Notary Public in and for the State of Idaho, personally appeared NANCY C. MERRILL, known
or identified to me to be the Mayor of the City of Eagle, Ada County, Idaho, that executed the
said instmment, and acknowledged to me that such City executed the same.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the
day and year first above ~ritten.
Notary P ic.f!
Residing at
Commission Expires:
Conservation Easement - 4
PROJECT:
DATE:
SHEET:
03080
March 23, 2005
lof2
EXHIBIT "A3"
South Channel LLC Property
Conservation Easement along South Channel of the Boise River
A parcel of land situated in Government Lots 3 and 4 of Section 20, Township 4 North, Range I
East, Boise Meridian, Ada County, Idaho, more particularly described as follows:
COMMENCING at the southwest corner of said Section 17 as shown on Amended Record of
Survey No. 6619, Instrument No. 104113436, records of Ada County, Idaho, from which corner,
the southeast corner of the southwest quarter of said Section 17 bears S.88022' IO"E., 2686.60
feet; thence, along the westerly line of said Section 17,
A) N.Ooo35'54"E., 502.90 to the southerly boundary of Amended Record of Survey No.
6619; thence along said southerly boundary the following courses:
B) S.44038'32"E., 58.08 feet; thence,
C) 8.20041 '58"E., 121.11 feet; thence,
D) 8.14003'18"E., 93.16 feet; thence,
E) S.44040'24"E., 223.51 feet; thence,
F) S.60056'04"E., 127.92 feet; thence,
G) S.64003'57"E., 58.45 feet; thence,
H) S.04001 '40"W., 63.95 feet; thence,
I) S.59038' 10"E., 169.96 feet; thence,
J) 8.51047' 48"E., 80.86 feet; thence,
K) S.6104T07"E., 160.65 feet to the POINT OF BEGINNING; thence, leaving said
southerly boundary,
1.) N.2900T 13"E., 142.62 feet; thence,
2.) S.67001 '55"E., 148.63 feet; thence,
G :\03080\ WPFILES\SUR VEY\IDL\IDL-Conservation-SCLLC.doc
"
PROJECT:
DATE:
SHEET:
03080
March 23, 2005
20f2
3.) N.84002'55"E., 203.72 feet; thence,
4.) S.6900 l' II "E., 220.34 feet; thence,
5.) S.40043'07"E., 89.20 feet; thence,
6.) S.54058'57"E., 86.74 feet; thence,
7.) S.87011 'II"E., 233.97 feet; thence,
8.) S.81 051 '32"E., 1 0 1.79 feet; thence,
9.) S.87052'20"E., 46.11 feet to a point on said southerly boundary; thence, along said
southerly boundary the following courses:
10.) S.57000'51"W., 188.04 feet; thence,
II.) S.85027'25"W., 131.88 feet; thence,
12.) N.76024'41"W., 219.14 feet; thence,
13.) N.32009'39"W., 51.14 feet; thence,
14.) N.79045'54"W., 299.88 feet; thence,
15.) N.85009'22"W., 130.57 feet; thence,
16.) N.62005'37"W., 192.06 feet to the POINT OF BEGINNING.
SAID PARCEL CONTAINING 3.71 acres, more or less.
SUBJECT TO all Covenants, Rights, Rights-of-Way, Easements of Record, and Encumbrances.
EXHIBIT "B3" attached, and by this reference made a part hereof.
G: \03080\ WPFILES\SUR VEY\IDL\IDL-Conservation-SCLLC.doc