Easement - South Channel Conservation Easement - 3/23/2005
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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, of 533 East Riverside Drive, Suite 110, Eagle, Idaho
83616 and JANIS M. WROTEN-GRAHAM, of 8603 W. High Ridge Lane, Eagle, Idaho 83616
(collectively "Grantor") and THE CITY OF EAGLE, P.O. Box 477, Eagle, Idaho 83616, ("City
of Eagle") as provided for by Sections 55-2101, et.seq. Idaho Code.
WITNESSETH: Grantor does hereby grant 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 A6 & B6
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 confinn compliance with terms of this
Easement.
3. This Easement shall be binding on and inure to the benefit of Grantor and
Grantor's successors and assigns. The Grantor 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 tenns and conditions contained herein.
4. City of Eagle agrees to indemnify and hold Grantor and Grantor's succcessors and
assigns harmless 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 harmless 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
THE GRANTOR AND THE CITY AGREE THAT:
A. No dwellings, barns, 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
Grantor.
B. The vegetation or hydrology of the described Easement area will not be altered in
any way or by any means or activity of Grantor, its successors or assigns, within the Easement,
including (1) cutting or mowing; (2) cultivation; (3) grazing; (4) harvesting wood products; (5)
burning; (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 permitted or required as a condition of a joint 404 permit issued to Grantor, its
successors or assigns by the U.S. Anny Corps of Engineers; or such activity is mutually agreed
upon, in advance, in writing, by Grantor and City.
C. The Grantor shall have the full right of ingress and egress to their private
property underlying the Easement area described in attached legal descriptions Exhibit A6 and
B6.
D. The Grantor 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, the
Grantor have designated a route to and from the Easement area.
F. The Grantor shall have the right to install, operate, and maintain structures,
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 permissive 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 the Grantor.
H. Grantor covenants with the City of Eagle that Grantor is lawfully seized and
possessed of the above-described Easement premises; that Grantor 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 Grantor will warrant and forever defend the title and possession
thereto against the lawful claim of all persons.
Conservation Easement - 2
1. Grantor covenants that Grantor will not do, suffer, or permit any act whereby the
Easement may be impaired, encumbered, or in any manner unreasonably interfered with.
TO HAVE AND TO HOLD the Easement for the purposes herein above-described unto
the City of Eagle, its successors and assigns forever.
[End of Text]
Conservation Easement - 3
IN WITNESS WHEREOF, SOlJTH CHANELL L.L.c. has executed this Conservation
Easement effective the ~ay of \.ill "(~2005.
SOUTH CHANNEL, L.L.c. by its Managing Member,
Rocky' Construction, Inc.,
IN WITNESS WHEREOF, J~ M. WROTEN-GRAHAM, Grantor, has executed this
Conservation Easement effective the ayof ~:J\...N../ ,2005.
GRANTOR:
JANIS M.WROTEN-GRAHAM
4''''---
Conservation Easement - 4
IN WITNESS WHEREOF, the CITY OF EAGLE, Grantee, has executed this
Conservation Easement effective the j!llJday of ~u Vl..e... , 2005.
GRANTEE:
CITY OF EAGLE
b t CAA,. jL. I~
.....sharon K. Bergmann, City Clerk
Conservation Easement - 5
STATE OF IDAHO. )
: ss.
County of Ada. )
:1h
On this q day of '-\J.f\.X....... 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 instrument on
behalf of said limited liability company.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official
seal the day and year in this certificate first ab~tten. ~
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STATE OF IDAHO )
ss.
County of Ada
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On this ~ day of J\..JV\..A-, 2005, before me, the undersigned, a Notary
Public in and for said state, personally appeared JANIS M. WROTEN-GRAHAM, known or
identified to me to be the person who executed the foregoing instrument and acknowledged to
me that she executed the same.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the
day and year first above written.
N9bJ~L
Residing at En~L.L , Idaho
Commission Expires: d ~ d\.~\ b
Conservation Easement - 6
STATE OF IDAHO )
: ss.
County of Ada )
On this ~~ day of \ ke, , in the year 2005, before me, a
Notary Public in and for the State ofIdaho, personally appeared NANCY C. MERRILL, known
or identified to me to be the Mayor ofthe City of Eagle, Ada County, Idaho, that executed the
said instrument, 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 written.
Conservation Easement - 7
PROJECT:
DATE:
SHEET:
03080
March 23, 2005
lof2
EXHIBIT "A6"
Wroten-Graham Property
Conservation Easement along South Channel of the Boise River
A parcel of land situated in the SW V4 of Section 17 and in Government Lot 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 wh ich corner,
the southeast corner of the southwest quarter of said Section 17 bears S.88022' 10"E., 2686.60
feet; thence, along the westerly line of said Section 17,
A) N.00035'54''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) S.20041 '58"E., 121.11 feet; thence,
D) S.l4003'18"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 to the POINT OF BEGINNING; thence, leaving said
southerly boundary,
1.) S.72039'52"E., 188.98 feet; thence,
2.) S.60040'01 "E., 75.68 feet~ thence,
3.) S.710I1'09"E., 179.80 feet; thence,
4.) S.29001' 13"W., 142.62 feet to a point on said southerly boundary; thence, along said
southerly boundary the following courses:
5.) N.61047'07"W., 160.65 feet; thence,
G:\03080\ WPFILES\s UR VEY\IDL\IDL-Conservation- W -G.doc
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PROJECT:
DATE:
SHEET:
03080
March 23, 2005
20f2
6.) N.5I041'48"W., 80.86 feet; thence,
7.) N.59038' 10"W., 169.96 feet; thence,
8.) N.04001 '40"E., 63.95 feet to the POINT OF BEGINNING.
SAID PARCEL CONTAINING 1.02 acres, more or less.
SUBJECT TO all Covenants, Rights, Rights-of-Way, Easements of Record, and Encumbrances.
EXHIBIT "B6" attached, and by th is reference made a part hereof.
G :\03080\ WPFILES\s UR VEY\IDL \IDL-Conservation- W -G.doc
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