Easement - Wroten-Graham Property/South Channel of Boise River - 6/9/2005
ADA COUNTY RECORDER J. 0' ." NAVARRO
BOISE IDAHO 07/01/05 04:43 h..
DEPUTY Neava Haney
RECORDED - REQUEST OF
Eagle City
AMOUNT
.00
7
1111111111111111111111111111111I11111
105088976
GREENBELT EASEMENT
KNOW ALL MEN BY THESE PRESENTS that SOUTH CHANNEL, L.L.c., an Idaho
limited liability company, whose address is 533 East Riverside Drive, Suite 110, Eagle, Idaho
83616, and JANIS M. WROTEN-GRAHAM, whose address is 8603 West High Ridge Lane,
Eagle, Idaho 83616, (Grantors), do hereby grant unto the CITY OF EAGLE, a political
subdivision of the State of Idaho at P.O. Box 477, Eagle, Idaho 83616, (Grantee), non-
exclusively for use by the general public, consistent with the tenns contained herein, a pennanent
greenbelt easement that could include a gravel, cinder or natural pathway as may be required by,
then maintained by, the Grantee for non-motorized vehicles, equestrian and pedestrian use (the
"Easement"), reserving to the Grantor any use that does not unreasonably interfere with the
Easement purposes herein granted.
The Easement shall consist of a parcel of land lying on the north bank of the south
channel of the Boise River and situated in Ada County, Idaho, more particularly described as
follows:
LEGAL DESCRIPTION ATTACHED HERETO AS EXHIBITS A4 & B4
No other easement or right-of-way, express or implied, is recognized or granted hereby to
Grantee or the public on, over, across or through the Grantors' real property for access to the
Easement or otherwise, and Grantors make no representation, warranty or guarantee herein with
respect to access to the Easement.
Consistent with the terms of this Easement, Grantor and Grantee acknowledge that under no
circumstances is the Easement to be considered a dedication to the public on the part of Grantor.
Grantee 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 Grantee's use of the Easement premises, which results from the negligence of the
Grantee, its employees, officers, agents and/or contractors. Grantor agrees to indemnify and
hold the Grantee harmless from any liability for any property damages or personal injury claim,
of any description, arising out of Grantor's use of the Easement premises which results from the
negligence of Grantor.
This Easement shall be binding on and inure to the benefit of Grantors and their successors and
aSSIgns.
TO HAVE AND TO HOLD the said Easement unto 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 an unimproved public access easement.
South Channel Wroten-Graham Greenbelt Easement Page I of 4
IN WITNESS WHERE~ SOUTH ~HANNEL LLC, Grantor, has executed this Greenbelt
Easement effective the C ayof \.../ if ~ ,2005.
SOUTH CHANNEL, L.L.C. by its Managing Member,
Rocky Ri onstmction, Inc.,
IN WITNESS WHEREOF, JANI~ M. WROTEN-GRAHAM, Grantor, has executed this
Greenbelt Easement effective the ~aay of (~ ,2005.
GRANTOR:
JANIS M.WROTEN-GRAHAM
IN WITNESS WHEREOF, THE CI OF EAGLE, Grantee, has executed this Greenbelt
Easement effective the.J&kday of ::t lJ(Y"'I...e.- ,2005.
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GRANTEE:
CITY OF EAGLE
By
M rL--i-o K ~ A1~
c..1;haron K. Bergmann, City Cler
South Channel Wroten-Graham Greenbelt Easement Page 2 of 4
STATE OF IDAHO. )
: ss.
County of Ada. )
fu
On this C\ day of '- \V.f\.iJ 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 Construction, 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 instrument, 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 da:,,~..~~t~certificate first ab2;jov ri~t~e. ~
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,Idaho
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STATE OF IDAHO
ss.
County of Ada
)
':\i
On this ~ day of __).;\~ , 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.
NQMMr Idaho
Residing at VK \ ~' Idaho
Commission Expire~: C' :2 (j \ u
South Channel Wroten-Graham Greenbelt Easement Page 3 of 4
STATE OF IDAHO )
: ss.
County of Ada )
On this ~, day of V~ , 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 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.
; .
South Channel Wroten-Graham Greenbelt Easement Page 4 of 4
PROJECT:
DATE:
SHEET:
03080
March 23, 2005
lof2
EXHIBIT "A4"
Wroten-Graham Property
Greenbelt Easement along South Channel of the Boise River
A parcel of land situated in the S W V4 of Section 17, and 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 which corner,
the southeast corner 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 feet to the POINT OF BEGINNING; thence, continuing along
said westerly line,
I.) N.00035'54"E., 35.21 feet to a line parallel with and 25 feet northerly from the southerly
line as shown on said survey; thence, along said parallel line through the following
courses:
2.) S.44038'32"E., 88.17 feet; thence,
3.) S.20041 '58"E., 127.86 feet; thence,
4.) S.14003' 18"E., 87.77 feet; thence,
5.) S.44040'24"E., 213.09 feet; thence,
6.) S.60056'04"E., 123.67 feet; thence,
7.) S.64003'57"E., 74.66 feet; thence,
8.) S.04001 '40"W., 65.32 feet; thence,
9.) S.59038' 10"E., 156.15 feet; thence,
1 0.) S.51 04 l' 48"E., 80.39 feet; thence,
II .) S.61 04T07"E., 158.40 feet; thence,
GI030801 WPFILES\SU R VEY\lDL\IDL-Pathway- W -G.doc
PROJECT:
DATE:
SHEET:
03080
March 23, 2005
20f2
12.) S.62005'37"E., 0.46 feet; thence,
13.) S.2900T 13 "W., 25.0 I feet to a point on the southerly boundary of said survey; thence,
along said southerly boundary the following courses:
14.) N.6I047'07"W., 160.65 feet; thence,
15.) N.5I04T48"W., 80.86 feet; thence,
16.) N.59038' 10"W., 169.96 feet; thence,
17.) N.04001 '40"E., 63.95 feet; thence,
18.) N.64003'57"W., 58.45 feet; thence,
19.) N.60056'04"W., 127.92 feet; thence,
20.) N.44040'24"W., 223.51 feet; thence,
21.) N.14003'18"W., 93.16 feet; thence,
22.) N.20041'58"W., 121.11 feet; thence,
23.) N.44038'32"W., 58.08 feet to the POINT OF BEGINNING.
SAID PARCEL CONTAINING 0.67 acres, more or less.
SUBJECT TO all Covenants, Rights, Rights-of-Way, Easements of Record, and Encumbrances.
EXHIBIT "B4" attached, and by this reference made a part hereof.
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