Mou/Moa - 1999 - Extend Sportsman Access/Pathway - 8/3/1999
i RECEIVE5"&~"FILEij""
1 CITY OF EAGLE
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This Memorandum of Agreement ("Agreement") by and betw,enillilfl>Gity of
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MEMORANDUM OF AGREEMENT
AUG 1 7 1999
Eagle an Idaho Municipal Corporation ("Eagle City"); the State of Idaho
Department of Lands ("State" ) acting by and through the State Board of Land
Commissioners; B.W. Inc., an Idaho Corporation ("B.W. Inc.") and Allen L. Frazier
and Betty J. Frazier, Husband and Wife ("Frazier").
WHEREAS, all parties desire to extend the sportsman's access and
greenbelt pathway, over, upon and through that portion of Lot 35 and 37, Block 1
of Island Woods Subdivision No.2 adjacent to the surveyed ordinary high water
line of the left bank of the north channel of the Boise River; and
WHEREAS, Frazier is the record owner of Lot 35, Block 1 of Island Woods
Subdivision No.2; and
WHEREAS, B.W. Inc. Is the record owner of Lot 37, Block 1 of Island
Woods Subdivision No.2.
Now, THEREFORE, in the furtherance of their common goals and interests
and in consideration of the mutual covenants and promises recited herein, the
within named parties hereby agree as follows:
1. Eagle and the State of Idaho agree that the acquired easements
depicted on Exhibit "A" are adequate for the extension of the Greenbelt pathway
for pedestrian and non-motorized access over, and upon Lots 35 and 37, Block 1,
Island Woods Subdivision No.2, as depicted on Exhibit "A". Further, it is hereby
agreed that no other portion of said Lot 35 and 37, Block 1 will be utilized for
MEMORANDUM OF AGREEMENT -- Page 1 of 9
Greenbelt pathway purposes.
2. Eagle and the State of Idaho Department of Lands agree that the
extension of the greenbelt pathway will not be constructed, and/or installed over
and upon that certain portion of Lot 35, Block 1 Island Woods No.2 until such
time that the bridge is constructed across the slough lying southerly and easterly
of said Lot 35, Block 1 or home construction has commenced on Lot 37, Block 1
of Island Woods No.2, whichever occurs first.
3. B. W. Inc. Agrees to remove a portion of the wrought iron fence
located along the north lot line of Lot 35, Block 1, of Island Woods No.2, and re-
construct and/or reinstall said wrought iron fence to a position located on the
south boundary of Amended Acquired Easement 288-A as set forth in said
acquired easement and as depicted on Exhibit "A". Any and all of the effected
landscaping and irrigation sprinklers will be adjusted to the new fence location.
4. B. W. Inc. Agrees to grant an easement for the purpose of a greenbelt
pathway for pedestrian and non-motorized access along the northerly boundary
of Lot 37, Block 1 of Island Woods No.2 from the westerly corner of Lot 37 to the
future bridge site. Said acquired easement will be fifteen (15) feet wide, as set
forth in Amended Acquired Easement 288-AB and as depicted on Exhibit "A".
5. Frazier agrees to grant an acquired easement for the purpose of a
greenbelt pathway for pedestrian and non-motorized use along the northerly
boundary of Lot 35, Block 1 of Island Woods No.2. Said acquired easement will
MEMORANDUM OF AGREEMENT -- Page 2 of 9
be located as set forth in Amended Acquired Easement 288-A and as depicted in
Exhibit "A".
6. The City of Eagle agrees to take all reasonable measures to maintain
and repair the greenbelt easement along the Frazier property in Lot 35, as
depicted on Exhibit "A".
7. B. W. Inc. shall prepare all of the plats and easements required to
effectuate this agreement, subject to the approval of all parties.
8. Attached hereto and incorporated as if fully set forth herein are the
following documents:
A. Survey plat entitled Exhibit "A" Greenbelt Easement Island
Woods Subdivision No.2 by Hubble Engineering dated 1998;
B. Amended State of Idaho Acquired Easement No. 288-A,
including attachment; and,
C. Amended State of Idaho Acquired Easement No. 288-AB,
including attachments.
IN WITNESS WHEREOF we have set our hands and affixed our official
seals effective as of the date written below.
MEMORANDUM OF AGREEMENT -- Page 3 of 9
Auqu~ -r
DATED this 3rct day of ~ 1999.
City of Eagle
Rick Yzaguirre
Mayor
\
STATE OF IDAHO )
) ss
County of Ada )
11 Auqu~ r \
On this 6/l-b' day of~, 1999, before me, S ~ a Y' ('J--r.. ~ fV\~~~ a
Notary Public in and for the State of Idaho, personally appeared Rick Yzaguirre,
known to me to be the Mayor, City of Eagle, that executed the said instrument and
acknowledged to me that such City of Eagle executed the same.
IN WITNESS WHEREOF, I have hereunto set my hand and seal on the day
and year last above written.
lQ~..<' k:- ~(~~
Notary Public for the Stat of Idaho
Residing at Boise, Idaho
My Commission expires: 4-/~-O..2
MEMORANDUM OF AGREEMENT -- Page 4 of 9
DATED this~ day o~
~1'1~
Director
Idaho Department of Lands
STATE OF IDAHO )
) ss
County of Ada ) () \ \ oA.l.U.
On this ~ day ot;;;;,-.fggg,- bclore me,S~l--\ . QrohJ.,r
Notary Public in and for the State of Idaho, personally ap ared Stanley F. lj
Hamilton, known to me to be the Director, Department of Lands of the State of
Idaho, and Secretary of the State Board of Land Commissioners, that executed
the said instrument and acknowledged to me that such State Board of Land
Commissioners and State of Idaho executed the same.
IN WITNESS WHEREOF, I have hereunto set my hand and seal on the day
and year last abo~ft.w~tten.
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Notary Pu ic for the State of Idaho
Residing Boise, Idaho
My Commission expires: /- d~ - ~COd,
MEMORANDUM OF AGREEMENT -- Page 5 of 9
_ 11 ~,,+
DATED this ~ day of ,1999.
A~ (~~ -' k- 0Yl~
'---"""City 01 Eagle _ Clerk f. l
STATE OF IDAHO )
) ss
County of Ada )
On this J~ day of July, 1999, before me,'1f..tT/';f/i. ~ ., a
Notary Public in and for the State of Idaho, personally appeared N K IVlmye,
, known to me to be the Clerk, City of Eagle, that executed the
said instrument and acknowledged to me that such City of Eagle executed the
same.
IN WITNESS WHEREOF, I have hereunto set my hand and seal on the day
and year last above written.
Notary Pub the State of Idaho
Residing a ridaho I~ I. ./
My Commission expires: /t?'-/1d/();J,
MEMORANDUM OF AGREEMENT -- Page 6 of 9
DATED this .~.al day O~99.
~
B.W.lnc.
Dennis M. Baker
g~
STATE OF IDAHO )
) ss.
County of Ada) J1" ~I. t-
On this 1~ day or~;~ 1999, before me
a Notary Public in and for the State of Idaho, person Iy ap eare ennis M.
Baker, known to me to be the f>tz..F~llJb")~ of B.W., Inc. t at executed
said instrument and acknowledged to me that e executed the same.
IN WITNESS WHEREOF, I have hereunto set my h nd and seal on the day
and year last above written.
?
e. Stateq:h'JM,L,
. Ires: 12//1 /2.003
MEMORANDUM OF AGREEMENT -- Page 7 of 9
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DATED this -3 day of ,1999.
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STATE OF IDAHO )
) ss.
County of Ada )
On this 3d. day O~9, before me , a
Notary Public in and for the State of Idaho, personally appeared len L. Frazier,
known to me to be the person that executed said instrument and acknowledged
to me that he executed the same.
IN WITNESS WHEREOF, I have hereunto set my hand and seal on the day
and year last above written.
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My Commission expires: ~L-/ ("i/ ~3
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MEMORANDUM OF AGREEMENT -- Page 8 of 9
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DATED this ,3 day of J.ul1, 1999.
STATE OF IDAHO )
) ss.
County of Ada )
On this :3 r1- day O~99, before me
Notary Public in and for the State of Idaho, personall appeared B
known to me to be the person that executed said instrument and
to me that she executed the same.
,a
tty J. Frazier,
, cknowledged
IN WITNESS WHEREOF, I have hereunto set my hand and seal on the day
and year last above written.
N tary Public f r he State of Idaho
Re iding ~t.... . ~ I .tU2.J-o
My CommIssIon expires: Ii. J I Y Zoo 3
MEMORANDUM OF AGREEMENT -- Page 9 of 9
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STATE OF IDAHO
ACQUIRED EASEMENT NO. 288-A
RECEivLL v
CITY OF EAGL.E
AUG 1 7 1999
Fil9:
Route to:
This easement supersedes and replaces only that portion of Acquired Easement
Number 288 that is located on the area described in this easement as it pertains to the current
property owner. The original easement was issued on September 28, 1992, and recorded on
October 22, 1992, as Instrument No. 9272160.. The original easement is included as
Attachment A to this easement.
KNOW ALL MEN BY THESE PRESENTS, that ALLEN L. FRAZIER and BETTY J.
FRAZIER, husband and wife, of 1223 S. Watermark Pl., Eagle, Idaho 83616, (Grantors), do
hereby give and grant unto CITY OF EAGLE, a political subdivision of the State of Idaho, of
P.O. Box 477, Eagle, Idaho 83616 (Grantee), exclusively and solely for use by the general
public, a pathway easement for pedestrian and non-motorized access.
There are no implied easements across the Grantors land to access this easement nor
does the Grantee guarantee any access to this easement.
A strip of land, lying south of, along, and adjacent to the south (left) bank of the North
Channel of the Boise River situated in and adjacent to Government Lot 6, Section 16, Township
4 North, Range 1 East, B.M., ADA COUNTY, more particularly described as follows:
A portion of Lot 35, Block 1, of Island Woods Subdivision NO.2 as filed in Book 63 of
Plats at Page 6432, Ada County records, located in Government Lot 6 of Section 16,
Township 4 North, Range 1 East, B.M., Ada County, Idaho, more particularly described
as follows:
Beginning at the northeast corner of said Lot 35; thence along the boundary line
common to said Lot 35 and Lot 37, Block 1 of said Island Woods Subdivision No.2,
South 30E40'47" West, 12.32 feet; thence leaving said boundary line North 58E15'58"
West, 76.81 feet; thence South 73E59'13" East, 37.50 feet to a point on the
northeasterly boundary line of said Lot 35; thence along said northeasterly boundary line
South 61E19'20" East, 40.55 feet returning to the point of beginning, containing 640
square feet, more or less.
The boundary lines of said easement shall be prolonged or shortened to begin on and
end on and conform to the property lines. This easement is subject to easements, restrictions,
and reservations of record.
The easement shall move with any changes of the river bank that may occur over time.
TO HAVE AND TO HOLD the 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 pathway for the benefit of the general public, this easement
shall revert to the State of Idaho.
State of Idaho Amended
Acquired Easement No. 288-A
Page 2 of 2
IN WITNESS WHEREOF, ALLEN L. FRAZIER and BETTY J. FRAZIER, have caused
these presents to be duly executed by their signatures this ,;;>~ vb day of ---I ~ .
1008. I 9 9 r.
ATTEST:
As Party of the First Part
~~ ~~-
ALLEN L. F:::.zIER -
~'
BETTYJ.F IER - MU
* * * * * * * * * * * * * ** * * * * ** * * * * * * * *
ACKNOWLEDGMENT
STATE OF IDAHO )
( ss.
County of Ada)
1>3- <h~
On this d.d.. day of , 1999, before me a Notary Public in and for
said county and state, personally appear ALLEN L. FRAZIER and BETTY J. FRAZIER,
known to me to be the persons whose names are subscribed to the within instrument and
acknowledged to me that they executed the same.
IN WITNESS WHEREOF, I ha e hereunto set y hand and affixed my official seal the
day and year first above written.
c:\mary\ac.easem\ae--289-A. wpd
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This easement supersedes and replaces only those portions of Acquir d~~~
Numbers 286 and 289 that are located on the area described in this easement as I ~!': tn- -
the current property owners. The original easements were issued on September 28, 1992, and
recorded on October 22,1992, as Instrument No. 9272160; and on October 6,1992, and
recorded on October 23, 1992, as Instrument No. 9272648 respectively. The original
easements are included as Attachments A and B to this easement.
on (' )RECORDEO-R' "''''OF
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1999 FE 16 PM ~ft9E OF IDAHO
ACQUIRED EASEMENT NO. 2~-~~ I 525 I
1999
KNOW ALL MEN BY THESE PRESENTS, that B. W., INC., an Idaho Corporation, of
250 S. Beechwood, Suite 120, Boise, Idaho 83709, (Grantor), does hereby give and grant unto
CITY OF EAGLE, a political subdivision of the State of Idaho, of P.O. Box 477, Eagle, Idaho
83616 (Grantee), exclusively and solely for use by the general public, a pathway easement for
pedestrian and non-motorized access.
There are no implied easements across the Grantor's land to access this easement nor
does the Grantee guarantee any access to this easement.
A strip of land fifteen (15.00) feet wide, lying south of, along, and adjacent to the south
(left) bank of the North Channel of the Boise River situated in and adjacent to Government Lot
6, Section 16, Township 4 North, Range 1 East, B.M., ADA COUNTY, more particularly
described as follows:
A strip of land being a portion of Lot 37, Block 1, of Island Woods Subdivision NO.2 as
filed in Book 63 of Plats at Page 6432, Ada County records, and a portion of
Government Lot 6 of Section 16, Township 4 North, Range 1 East, B.M., Ada County,
Idaho, more particularly described as follows:
Beginning at the most northerly corner of said Lot 37; thence along the northeasterly
boundary line of said Lot 37, South 61019'20" East, 41.82 feet; thence leaving said
northeasterly boundary line, South 56043'46" East, 45.59 feet; thence South 30044'04"
East, 64.13 feet; thence South 59015'56" West, 15.00 feet; thence North 30044'04"
West, 60.36 feet; thence North 58055'36" West, 83.47 feet to a point on the common
boundary line between said Lot 37 and Lot 35, Block 1 of said Island Woods Subdivision
No.2; thence along said common boundary line North 30040'47" East, 15.00 feet
returning to the point of beginning, containing 2,291 square feet, more or less.
The boundary lines of said easement shall be prolonged or shortened to begin on and
end on and conform to the property lines. This easement is subject to easements, restrictions,
and reservations of record.
The easement shall move with any changes of the river bank that may occur over time.
TO HAVE AND TO HOLD the 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 pathway for the benefit of the general public, this easement
shall revert to the State of Idaho.
State of Idaho Acquired
Easement No. 289-AB
Page 2 of 2
IN WITNESS WHEREOF, DENNIS A. BAKER, as President of B. W., Inc., has caused
these presents to be duly executed by his signature this /~-g- day of h_);-J.1 A ry ,
199~ . I
ATTEST:
As Party of the First Part
~~
DENNIS M. BAKER
President
~~
* * * * * * * * * * * * * * * * * * * * * * * * * * * * *
ACKNOWLEDGMENT
STATE OF IDAHO )
( 55.
County of Ada )
On this I{-JA day of Ii-I!tuII,.v , 199f, before me a Notary Public in and for
said county and'state, .personally appeared 6ENNIS M. BAKER, known to me to be the
President of B. W., Inc., and the person whose name is subscribed to the within instrument and
acknowledged to me that he executed the same.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the
~ first above written.
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Meridian, Idaho
o -. '... ~ 10.28-1999
Not~~ Public in d ~ St~ t%,o
ResidIng at: )J/t/4.(.. , M
My Commission expires: ,,) J1'- J-Tf"1
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ACQUIRED EASEMENT NO. 286 YLVp.-
KNOW ALL MEN BY THESE PRESENTS, that MARi~~GI~, f1f!J!l~~x
397, Eagle, Idaho 83616, (Grantor), does hereby give and grant
unto ADA COUNTY, a political subdivision of the State of Idaho,
650 Main street, Boise, Idaho 83702 (Grantee), exclusively and
solely for use by the general public, a greenbelt easement for
pedestrian and non-motorized access.
STATE OF IDAHO
There are no implied easements across the Grantor's land to
access this easement nor does the Grantee guarantee any access to
this easement.
A strip of land twenty-five (25.00) feet wide, lying south
of, along, and adjacent to the south (left) bank of the North
Channel of the Boise River situated in and adjacent to Government
Lots 3 and 6, section 16, Township 4 North, Range 1 East, B.M.,
ADA COUNTY, more particularly described as follows:
commencing at the south one-quarter (~) corner of said
Section 16, thence North 0046'59" East, 3,084.67 feet along
the north-south centerline of said section 16 to a point on
the current ordinary high water mark on the south (left)
bank of the North Channel of the Boise River, said point
being the REAL POINT OF BEGINNING; thence following the said
ordinary high water mark the following courses and
distances:
North 84053'06" West, 88.40 feet; thence South 59014'52"
West, 217.18 feet; thence South 57024'07" West, 231.23 feet;
thence South 46042'57" West, 210.72 feet; thence South
57018'50" West, 137.12 feet; thence South 58038'02" West,
195.72 feet to a point on the east bank of a slough on the
south (left) bank of the said North Channel; thence
following said slough the following courses and distances:
South 20016'35" East, 114.23 feet; thence South 45030'04"
East, 53.16 feet; thence South 24041'09" East, 87.41 feet;
thence South 74025'02" West, 87.48 feet to a point on the
west bank of said slough, from said point the strip of land
becomes variable in width lying west of, along, and adjacent
to the ordinary high water mark of the west bank of said
slough to the Grantor's property boundary or for the
distance of twenty-five (25.00) feet, whichever comes first;
thence North 34026'48" West, 99.65 feet; thence North
34032'21" West, 73.45 feet; thence South 67032'55" West,
(formerly South 66046'001' West), 18.25 feet to a point on
the Grantor's property line, said point being the terminus
of said easement, the above described area containing 0.93
of an acre, more or less.
(-
state of Idaho
Acquired Easement No. 286
Page 2 of 3
The boundary lines of said easement shall be prolonged or
shortened to begin on and end on and conform to the property
lines. This easement is subject to easements, restrictions, and
reservations of record.
The easement shall move with any changes of the river bank
that may occur over time.
TO HAVE AND TO HOLD the easement unto ADA COUNTY, 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.
IN WITNESS WHEREOF, Mary L. Reid, P.O. Box 397,
83616, has caused these preS~~U1Y executed
signature this ~~ day of 1992.
Eagle, Idaho
by her
ATTEST:
As Party of the First Part
~~d~J
Mary e. Reid
* * * * * * * * * * * * *
,-
,..
.
(-.
state of Idaho
Acquired Easement No. 286
Page 3 of 3
ACKNOWLEDGEMENT
STATE OF IDAHO )
) SSe
COUNTY OF ADA )
On this ::::2Y day of S~ ,1992, before me
a Notary Public in and for said co nty and state, personally
appeared Mary L. Reid, known to me to be the person whose name is
subscribed to the within 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.
i.
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o ary Public n and for the
State of Idaho
Residing at Boise
My Commission expires 7/-'-/ c7 -'77
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STATE OF IDAHO
ACQUIRED EASEMENT NO. 289
KNOW ALL MEN BY THESE PRESENTS, that B.W., INC., 1523 E.
Boise Avenue, Boise, Idaho 83706 (Grantor), does hereby give and
grant unto the STATE OF IDAHO (Grantee), exclusively and solely
for use by the general public of a free and unencumbered
pedestrian travel way for fishing or other recreational uses.
There are no implied easements across the Grantor's land to
access this easement nor does the Grantee guarantee any access to
this easement.
A strip of land lying north of, along, and adjacent to the
right (north) bank of the South Channel of the Boise River
situated in and adjacent to Government Lots 5 and 6, SW~SW~,
section 16; and Government Lots 2, 3, and 4, section 21, Township
4 North, Range 1 East, B.M., ADA COUNTY, more particularly
described as follows:
A strip of land five (5.00) feet wide, lying north of,
along, and adjacent to the ordinary high water line of the right
(north) bank of the South Channel of the Boise River, and along
the following described survey line:
commencing at the west one-quarter (~) corner of said
section 16 which is marked by an aluminum cap; thence South
89051'15" East, 96.80 feet along the east-west centerline of
said Section 16 to a right-of-way monument on the eastern
right-of-way boundary of Eagle Road; thence South 2030'09"
West, 365.02 feet along said eastern right-of-way boundary;
thence South 0056'03" West, 2,260.18 feet along said eastern
right-of-way boundary; thence along a non-tangent curve to
the left, 14.00 feet along said eastern right-of-way
boundary, said curve having a radius of 5,644.58 feet, a
central angle of 0008132", tangents of 7.00 feet and a long
chord length of 14.00 feet bearing South 0056'33" East;
thence South 2048'05" East, 1.86 feet along said eastern
right-of-way boundary to a point on the south boundary of
said Section 16; thence continuing South 2048'05" East,
760.11 feet along said eastern right-Of-way boundary to a
point on the ordinary high water mark of the right (north)
bank of the South Channel of the Boise River, said point
being the REAL POINT OF BEGINNING; thence along said
ordinary high water mark of said right (north) bank the
following courses and distances:
South 68047'12" East, 73.82 feet; thence North 61001'52"
East, 169.68 feet; thence North 31029'30" East, 167.29 feet;
thence North 34013'42" East, 265.51 feet; thence North
49043'34" East, 153.03 feet; thence North 59044'48" East,
145.29 feet; thence North 43008'51" East, 111.71 feet;
,--
i
(
state of Idaho
Acquired Easement No. 289
Page 2 of 3
thence North 50034'36" East, 346.43 feet; thence North
64005'06" East, 114.62 feet; thence North 83020'35" East,
80.46 feet; thence South 87031'13" East, 74.49 feet; thence
South 82059'38" East, 78.26 feet; thence South 56019'42"
East, 174.23 feet; thence South 37031'54" East, 307.30 feet;
thence South 49020'22" East, 323.98 feet; thence South
52032'34" East, 251.20 feet; thence South 76057'01" East,
128.02 feet; thence North 71001'54" East, 128.30 feet;
thence North 35030'44" East, 83.60 feet; thence North
27039'16" East, 139.14 feet; thence North 47016'45" East,
154.18 feet to a point of terminus of said easement, the
above described area containing 0.40 of an acre, more or
less.
The boundary lines of said easement shall be prolonged or
shortened to begin on and end on and conform to the property
lines. This easement is subject to easements, restrictions, and
reservations of record.
The easement shall move with any changes of the river bank
that may occur over time.
TO HAVE AND HOLD the easement unto the State of Idaho, for
the purposes herein above described, its successors and assigns
forever.
IN WITNESS WHEREOF, Dennis Baker as President of B.W., Inc.,
has caused his presents to be duly executed by his signature this
&i/\ day of ('7c../C7.b(:'';-- , 1992.
ATTEST:
As Party of the First Part
B . W., Inc.
~/ )-L-
Bennis Baker
;?~
* * * * * * * * * * * *
r-
state of Idaho
Acquired Easement No. 289
Page 3 of 3
STATE OF IDAHO
ss.
COUNTY OF
On this (", day of (('~ her- , 1992, before me, a
Notary Public in and for said county and state, personally
appeared Dennis Baker, known to me to be the President of B.W.,
Inc. and the person whose name is subscribed to the within
instrument and acknowledged to me that he executed the same.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed
my official seal the day and year first above written.
:'~ :',
h/.I.//Y/ /1/ ~
No~ry Public in and for the
State of Idaho. .
Residing at ~J
My Commission expires /~/::;/7,.;2
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