Easement - South Channel LLC - 2005 - South Channel - Greenbelt Along North Bank of South Channel of Boise River
ADA COUNTY RECORDER J. DA'
BOISE IDAHO 07/01/05 04:43 Ph.
DEPUTY Neava Haney
RECORDED-REQUEST OF
Eagle City
lAVARRO
AMOUNT .00
7
1111111111111111111111111111111111111
105088975
GREENBEL T 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, (Grantor), does 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 terms 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 A1 & B1
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 Grantor's real property for access to the
Easement or otherwise, and Grantor makes 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 Grantor and its sllccessors 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 reveI1 to the State of Idaho for the purpose of an unimproved public access easement.
South Channel Greenbelt Easement - Page I of 3
IN WITNESS WHEREOF, Grantor has executed this Greenbelt Easement effective the ? day
of ~) t:-l I'\,,'~ ,2005. -
SOUTH CHANNEL, L.L.c. by its Managing Member,
Rocky Ridge Construction, Inc.,
IN WITNESS WHEREOF, THE CITY OF EAGLE, Grantee, has executed this Greenbelt
Easement effective th~day of cr~ ,2005.
GRANTEE:
CITY OF EAGLE
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South Channel Greenbelt Easement - Page 2 of 3
STATE OF IDAHO. )
: ss.
County of Ada. )
C1h '\.
On this -.i day of '_ . \)."\..L., 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 day and year in this certificate first abov . written.
^'
Notary Pu 'c for Idaho
Residi~g ~t ~ L\C~ . ' Id~ho
CommIsSIOn ExpIres: --;;>'/1 (11 _.) u \ U
STATE OF IDAHO )
ss.
County of Ada )
On this L, day of \J L4Lf ~ , in the year 2005, before me, a
Notary Public in and fof 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 Greenbelt Easement - Page 3 of 3
PROJECT:
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March 23, 2005
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EXHIBIT "AI"
South Channel LLC Property
Greenbelt Easement along South Channel of the Boise River
A parcel of land situated in Government Lots 2, 3 and 4 of Section 20, Township 4 North, Range
1 East, Boise Meridian, Ada County, Idaho, more particularly described as follows:
COMMENCING at the 1;4 corner common to said Sections 17 and 20 as shown on Amended
Record of Survey No. 6619, Instrument No. 104113436, records of Ada County, Idaho, from
which corner, the southwest corner of said Section 17 bears N.88022' 10"W., 2686.60 feet;
thence, along the southerly line of said Section 17,
A) N.88044' 12"E., 855.41 feet to the POINT OF BEGINNING; thence continuing along
said southerly line,
I.) N.88044' 12"E., 31.48 feet; thence leaving said southerly line and along the southerly
boundary of Amended Record of Survey No. 6619 the following courses:
2.) S.36010'18"W., 30.06 feet; thence,
3 .) S.36039'00"W., 67.18 feet; thence,
4.) S.520I3' 16"W., 146.40 feet; thence,
5.) S.34006'13"W., 119.07 feet; thence,
6.) S.3003T07"W., 64.55 feet; thence,
7.) S.19004'55"W., 202.21 feet; thence,
8.) S.86023' 40"W., 112.92 feet; thence,
9.) N.79009'50"W., 207.09 feet; thence,
10.) N.77049'00"W., 74.65 feet; thence,
11. ) N.5JD07' 14"W., 225.76 feet; thence,
12.) N.76027'07"W., 129.27 feet: thence,
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13.) N.32043'33"W., 78.21 feet; thence,
14.) S.89012'41"W., 224.44 feet; thence,
15.) S.75052'41 "W., 168.00 feet; thence,
16.) S.69050'31 "W., I 05.25 feet; thence,
17.) S.80012'17"W., 96.91 feet; thence,
18.) S.57000'51"W., 188.04 feet; thence,
19.) S.8502T25"W., 131.88 feet; thence,
20.) N.76024'41"W., 219.14 feet; thence,
21.) N.32009'39"W., 51.14 feet; thence,
22.) N.79045'54"W., 299.88 feet; thence,
23.) N.85009'22"W., 130.57 feet; thence,
24.) N.62005'37"W., 192.06 feet; thence leaving said southerly boundary,
25.) N.2900T 13"E., 25.01 feet to a line parallel with and 25 feet northerly of the above
described courses 2 through 24 along said parallel line through the following course;
thence,
26.) S.62005'37"E., 186.43 feet; thence,
27.) S.85009'22"E., 126.64 feet; thence,
28.) S.79045'54"E., 312.08 feet; thence,
29.) S.32009'39"E., 52.00 feet; thence,
30.) S.76024'41"E., 204.99 feet; thence,
31.) N.8502T25"E., 121.56 feet; thence,
32.) N.57000'51"E., 186.84 feet; thence,
33.) N.800 12' 17"E., 99.77 feet; thence,
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34.) N.69050'31 "E., 104.30 feet; thence,
35.) N.75052'41"E., ]72.24 feet; thence,
36.) N.890I2'41"E., 241.24 feet; thence,
37.) S.32043'33"E., 82.06 feet; thence,
38.) S.76027'07"E., 123.50 feet; thence,
39.) S.5700T 14"E., 225.45 feet; thence,
40.) S.77049'00"E., 69.79 feet; thence,
41.) S. 79009' 50"E., 203.63 feet; thence,
42.) N.86023'40"E., 93.10 feet; thence,
43.) N.19004'55"E., 188.09 feet; thence,
44.) N.3003TOT'E., 67.84 feet; thence,
45.) N.34006'I3"E., 123.82 feet; thence,
46.) N.520 13' 16"E., 146.96 feet; thence,
47.) N.36034'50"E., 74.48 feet to the POINT OF BEGINNING.
SAID PARCEL CONTAINING 1.86 acres, more or less.
SUBJECT TO all Covenants, Rights, Rights-of-Way, Easements of Record, and Encumbrances.
EXHIBIT "Bl" attached, and by this reference made a part hereof.
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