Easement - Oppenheimer/Eagle Village/Kittyhawk - 2006 - Eagle Public Library - Notice of Termination of Easements with Covenants and Restrictions Affecting Land
~(Q)\P1f
NOTICE OF TERMINATION OF EASEMENTS
WITH COVENANTS AND RESTRICTIONS AFFECTING LAND
THIS NOTICE OF TERMINATION OF EASEMENTS WITH COVENANTS AND
RESTRICTIONS AFFECTING LAND ("Termination Agreement") is made effective this ~
day of\ J()lI Ll CtY~, 2006, by and between the City of Eagle, a municipal corporation
("City"), Eagle Village, LLC, an Idaho limited liability company ("Eagle Village"), Clifford D.
Mefford Trustee of the C&I Mefford Trust under Trust Agreement dated effective April 22,
2000 ("Mefford Trust") and Oppenheimer Companies Inc., an Idaho corporation ("OCI"),
Thomas G. Dater, dealing with his sole and separate property ("Dater"), Bradford P. Shaw
("Shaw"), Robert Holdren, an unmarried man ("Holdren"), and Kittyhawk Investments, an
Idaho general partnership ("Kittyhawk").
RECITAL:
WHEREAS, City is the owner of Lots 6 and 7 in Block 1 of Aquila Village Subdivision,
according to the plat thereof, filed in Book 82 of Plats at Pages 8908 through 8909, records of
Ada County, Idaho ("Aquila Village Subdivision") and the owner of that certain real property
located in Ada County, Idaho which is adjacent to the Aquila Village Subdivision and which is
more particularly described on EXHIBIT "A" attached hereto (collectively "City Property"); and
WHEREAS, Eagle Village is the owner of Lots 1,2,3 and 5 in Block I of Aquila Village
Subdivision ("Eagle Village Property"); and
WHEREAS, the Mefford Trust is the owner of Lot 4 in Block I of Aquila Village
Subdivision ("Mefford Trust Property"); and
WHEREAS, OCI, Dater, Shaw, Holdren and Kittyhawk (collectively "Co-Owners"), as
co-owners own that certain real property located in Ada County, Idaho which is adjacent to the
NOTICE OF TERMINATION OF EASEMENTS
WITH COVENANTS AND RESTRICTIONS AFFECTING LAND - I
00007.0244.843001.4
Aquila Village Subdivision and which is more particularly described on EXHIBIT "B" attached
hereto ("Provident Parcel"); and
WHEREAS, the City Property, the Eagle Village Property, the Mefford Trust Property
and the Provident Parcel are encumbered by that certain Easements with Covenants and
Restrictions Affecting Land dated May 30, 1981 which was recorded on September 4, 1981 as
Instrument Number 8138900, records of Ada County, Idaho ("Safeway ECR"); and
WHEREAS, the City, Eagle Village, the Mefford Trust and the Co-Owner desire to
terminate and release the Safeway ECR.
NOW, THEREFORE, for valuable consideration, the receipt and sufficiency of which are
hereby acknowledged, the parties hereto do hereby agree as follows:
TERMS:
I. The Safeway ECR is hereby terminated and is of no further force or effect, and
the same is hereby released of record.
2. This Termination Agreement shall extend to and bind and inure to the benefit of
the respective parties' heirs, administrators, personal representatives, successors and/or assigns.
IN WITNESS WHEREOF, the parties hereto have executed this Termination Agreement
effective as of the day and year first above written.
NOTICE OF TERMINATION OF EASEMENTS
WITH COVENANTS AND RESTRICTIONS AFFECTING LAND - 2
00007.0244.843001.4
CITY OF EAGLE, an Idaho municipal
corporation
By:
STATE OF IDAHO )
) ss.
County of Ada )
On lbi, /l2 d.y 0 , 2006, bofore mo, ~ ~ fl{""~ . '
a Notary Public in and for said State, ersonally appeared ~ ~ II ,
known or identified to me to be the Mf11AOV 0 City of Eagle, an Idaho
municipal corporation, the municipal c~lOn that executed the wlthm mstrument or the
person who executed the instrument on behalf of said municipal corporation, and acknowledged
to me that such municipal corporation executed the same.
NOTICE OF TERMINATION OF EASEMENTS
WITH COVENANTS AND RESTRICTIONS AFFECTING LAND - 3
00007.0244.843001.4
EAGLE VILLAGE, LLC,
an Idaho limited liability company
By: OPPENHEIMER COMPANIES, INC.,
an Idaho corporati , Managing Member
By:
STATE OF IDAHO )
) ss.
County of Ad.) ~., .
On this ~ day of~""Ah<'2006, before me, ~ ~ ,
a Notary Public in and fo~, personally appeared Arthur F. Oppenheimer, known or
identified to me to be the Chairman/CEO of Oppenheimer Companies, Inc., the Managing
Member of Eagle Village, LLC, and the person who subscribed said company name to the
foregoing instrument, and acknowledged to me that he executed the same in said company name.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the
day and year in this certificate first above written.
.."",I"IU,....,
~." t-.N V.... .,~
~"":.c~s .... ~h~~
.. ~ ..'Y ~
~ & ~
i I ~OT A~ r "\ \
Q . .
- . ~
i * , ..e.-, : * E
..... \Co..
~ "0 ~UBL I ::
,,~-. .-
~ .;. 0.. G..,L,.~O $
....#, <1:r ........ ~'v..~
.......... Ii OF \~ ~~~....
'#."rJaa.ll~'Ot"
.--
~
ot~PUbliC~ /2.
Resldmg at ~
My commission expires /t:J/~!/~.?
/
~
NOTICE OF TERMINATION OF EASEMENTS
WITH COVENANTS AND RESTRICTIONS AFFECTING LAND - 4
00007.0244.843001.4
THE C&I MEFFORD TRUST
Under Trust Agreement Dated Effective
April 22, 2000
/I;~)}~
By: ?~? . ". --trEE;"
Clifford . efford, Trustee .
STATE OF IDAHO )
) ss.
County of Ada )
On this!" day of( .~. , 2006, before me,
a Notary Public in and fo said St e, personally appeare /
identified to me to be the erson whose name is subscribed to e within instrument as Trustee of
The C&I Mefford Trust under Trust Agreement dated effective April 22, 2000, and
acknowledged to me that he executed the same as such Trustee.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the
day and year in this certificate first above written. !"
.~.....?-;-r "
,"\ / /
I \4 /
~~;7~ ~
/Not Public fi Idaho
Residing at
My commission expires
".,UIlU,..,
.,..' "N V.....#,
.... .,c:,,, ....~.."'"
~.. c,"\J .......... /,;. ~
~,p e. ~y ~
,:. e. ~
S I ~OTA~r \ \
: . . =
., * : -.~ . -
== . .*=
\ \ PUBL\C l i
-;. <J>...... . 0 ~
~",'.. .. .."\...... ~
~4' -1:r ....... ~v.,
it..,.. l! 0 F \~ ,."
:t.......III."..'
NOTICE OF TERMINATION OF EASEMENTS
WITH COVENANTS AND RESTRICTIONS AFFECTING LAND - 5
00007.0244.843001.4
CO-OWNERS:
OPPENHEIMER COMPANIES, INC.,
an Idaho corporation
BY~
I Arthur F. enheimer -
Chairman/C.E.O.
STATE OF IDAHO )
) ss.
County of Ada )
. ;J On thiJ 7 ~ day of ~ "'1tr ' 2006, before me,
~~ ~ , a Notarl"~blic and for SaId State, personally
appeared Arthur F. Oppenheimer, known or identified to me to be the Chairman/CEO of
Oppenheimer Companies, Inc., the corporation that executed the within instrument or the person
who executed the instrument on behalf of said corporation, and acknowledged to me that such
corporation executed the same.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the
day and year in this certificate first above written.
t.............<<
~,,, . t-.N V."'#'
1~.~~;.......:..~I"4>',
F .... '\
t... (~OTA~r \ \
:: . ::
~ * -.- : * ::
\' PUB' \C! s
~.... . ~
. .~>,. ."'- 0 i
<1 ?> ... ~~~..
: "l? OF \~ ,.....
, ""',.UI"I'"''
NOTICE OF TERMINATION OF EASEMENTS
WITH COVENANTS AND RESTRICTIONS AFFECTING LAND - 6
00007.0244.843001.4
KITTYHA WK INVESTMENTS,
an Idaho general partnership
By:
-< ........
STATE OF IDAHO
County of Ada
'day of 2006, before me,
c2A~ , a Not / Publi in and for said state, personally
own or identified 0 me to e one of the partners of the partnership
of Kittyhawk est nts, and the partner or one of the partners who subscribed said partnership
name to the foregoing instrument, and acknowledged to me that he executed the same in said
partnership name.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the
day and year in this certificate first above written. /: ~.
(f; ............ ~ /'
",$~N V ~11" . , ..... -(/ ~
~~+" N ary Public fo dahe ,0/
I ~OTA~r \ '\ Residing at ..::z..-
. : 0 . My commission expire
= * . "'0_ : * :
!, C: =
~ e. PUBL\ r S
". J""
'\ ~;. "-. . C $
"'. <1:r ......... ~~ ,
....,.." 1i OF \" ~..."
......,..........
NOTICE OF TERMINATION OF EASEMENTS
WITH COVENANTS AND RESTRICTIONS AFFECTING LAND - 7
00007.0244.843001.4
Qi~~ ~
Robert Holdren
STATE OF IDAHO )
) ss.
County of Ada )
/J On tJ1is ~ day,). of /]..uAfNt?~, 2006, before me,
{(BI;& t l..fo./{i,'-,"'). ~tJtY -itili\ic 'and for said state, personally
appeared Robert Holdren, own or identified to me to be the person whose name is subscribed
to the foregoing instrument, and acknowledged to me that he executed the same.
""'........~
""." St--N V....
~.. ~-\)'/..-....~I"-+
I ~"
I I ~OTA~r I
i * , _0_ *
\. "PUBL\C
'\ <P ;-... 0
....4! ~ -,_" {o J
"####;e OF 11' ';/
............."
NOTICE OF TERMINATION OF EASEMENTS
WITH COVENANTS AND RESTRICTIONS AFFECTING LAND - 8
00007.0244.843001.4
~~ /)..~
Thomas G. Dater
STATE OF IDAHO
County of Ada
daY) . '.oJ ~MU~ ' 2006, before me,
~~O~l m and for said state, personally
appeared Thomas G. Dater, own or identified to me to be the person whose name is subscribed
to the foregoing 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 in this certificate first above written.
, ,.......,...
~.~' ,., V ~ "'''~
f!I>." c. t-.l" rt~ ~ ....#,
~ -\:>" ........ <'4> ~
I~.. .. ~
I' 0."
i I ~01'ARr"\ \
= . .*m
= * . ~.... : :
!l \ CO"
\ PUB\-\ J ;
'l~\, .. 0 l
)><1 ....-.... ~~J'
, 'J'/J OF \~ ..'
~.,..,....~~..
NOTICE OF TERMINATION OF EASEMENTS
WITH COVENANTS AND RESTRICTIONS AFFECTING LAND - 9
00007.0244.843001.4
STATE OF IDAHO )
) ss.
County of Ada )
~ #In this _ ) 6 ti: day of ~, 2006, before me,
~ ~ C/~~ , a Notat.7'fubh m and for said state, personally
.......appeared Bradford P. Shaw, known or identified to me to be the person whose name IS
subscribed to the foregoing instrument, and acknowledged to me that he executed the same.
...'11....."
~" N V '..~
~....~~t-. ....~ ...."'"
I~ 4~
I1i ~. ':r.
,f ~OTJ\~r \ \
::- * ...o~ : * ::
. Q
'. PUBL\C! j
1) ... ... ~
". .O~
"I :r ...-.... ~~ ...,,,
-" Ii 0 F \"\) ~..~..
:1.."'111;(1'611)""
NOTICE OF TERMINATION OF EASEMENTS
WITH COVENANTS AND RESTRICTIONS AFFECTING LAND - 10
00007.0244.843001.4
EXHIBIT" A"
CITY OF EAGLE PARCEL (LIBRARY)
A parcel of land being a portion of the SW 14 of Section 9, TAN., R.IE., B.M., Eagle, Ada
County, Idaho, and more particularly described as follows:
Beginning at a railroad spike marking the Northwest comer of the said SW 14 of Section 9;
thence North 88058'02" East 2,654.24 feet along the Northerly
boundary of the said SW 14 of Section 9 to a brass cap marking the
Northeast comer of the said SW 14 of Section 9;
thence South 0001 '20" West 1,716.74 feet along the Easterly
boundary of the said SW 14 of Section 9 to an iron pin marking a
point of beginning of curve on the Northerly right-of-way line of
State Highway No. 44;
thence Northwesterly along the said Northerly right-of-way line of
State Highway No. 44 along a curve to the left 560.39 feet, said
curve having a central angle of 4048' 47", a radius of 6,671.05 feet,
tangents of 280.36 feet and a long chord of 560.23 feet bearing
North 75047'42" West to a point on curve, also said point being
the REAL POINT OF BEGINNING;
thence continuing Northwesterly along the said Northerly right-of-
way line of State Highway No. 44 along a curve to the left 139.33
feet, said curve having a central angle of 1011' 48", a radius of
6,671.05 feet, tangents of 69.67 feet and a long chord of 139.33
feet bearing North 78047'59" West to an iron pin marking a point
of ending of curve, which is also a point of beginning of curve;
thence Northeasterly along a curve to the left 35.12 feet, said curve
having a central angle of 100036'07", a radius of 20.00 feet,
tangents of 24.09 feet and a long chord of 30.78 feet bearing North
50018'04" East to an iron pin marking a point of tangent;
thence North 0000'00" East 140.22 feet to an iron pin;
thence South 90000'00" West 165.00 feet to an iron pin marking a
point on the Easterly right-of-way line of Stierman Way;
thence North 0000'00" East 71.40 feet along the said Easterly
right-of-way line of Stierman Way to an iron pin marking a point
of curve;
thence Northwesterly along the said Easterly right-of-way line of
Stierman Way along a curve to the left 54.98 feet, said curve
NOTICE OF TERMINATION OF EASEMENTS
WITH COVENANTS AND RESTRICTIONS AFFECTING LAND - II
00007.0244.843001.4
having a central angle of 15000'00", a radius of 210.00 feet,
tangents of 27.65 feet and a long chord of 54.82 feet bearing North
7030'00" West to an iron pin marking a point of tangent;
thence North 15000'00" West 278.83 feet along the said Easterly
right-of-way line of Stierman Way to an iron pin marking a point
of curve;
thence Northwesterly along the said Easterly right-of-way line of
Stierman Way along a curve to the left 45.68 feet, said curve
having a central angle of 11022'50", a radius of 230.00 feet,
tangents of22.92 feet and a long chord of 45.61 feet bearing North
20041 '25" West to an iron pin marking the Southwesterly comer
of Lot I of Block I of Eagle Village Subdivision, as filed for
record in the office of the Ada County Recorder, Boise, Idaho, in
Book 40 of Plats at pages 3304 and 3305;
thence North 61032'20" East 30.60 feet (formerly described as
30.02 feet) along the Southerly boundary of the said Eagle Village
Subdivision to a point;
thence South 84028'50" East 201.19 feet along the said Southerly
boundary of the Eagle Village Subdivision to a point;
thence North 89058'55" East 161.27 feet along the said Southerly
boundary of the Eagle Village Subdivision to a point;
thence South 0000'00" West 305.00 feet to a point;
thence South 90000'00" West 15.00 feet to a point;
thence South 0000'00" West 314.97 feet to the point of beginning, comprising 3.723 acres, more
or less.
NOTICE OF TERMINATION OF EASEMENTS
WITH COVENANTS AND RESTRICTIONS AFFECTING LAND - 12
00007.0244.843001.4
EXHIBIT "B"
(PROVIDENT PARCEL)
A parcel of land being a portion of the SW Y.i of Section 9, TAN., R.IE., B.M., Eagle,
Ada County, Idaho and more particularly described as follows:
Beginning at a railroad spike marking the Northwest comer of the said SW Y.i of
Section 9;
thence North 88058'02" East 2,654.24 feet along the Northerly boundary of the said
SW Y4 of Section 9 to a brass cap marking the Northeast comer of the said SW Y.i of
Section 9;
thence South 0001 '20" West 1,716.74 feet along the Easterly boundary of the said SW Y.i
of Section 9 to a point of beginning of curve on the Northerly right-of-way line of State
Highway No. 44;
thence Northwesterly along the said Northerly right-of-way line of State Highway No. 44
along a curve to the left 699.72 feet, said curve having a central angle of 6000'35", a
radius of 6,671.05 feet, tangents of 350.18 feet and a long chord of 699040 feet bearing
North 76023'35" West to a point of ending of curve, also said point being the REAL
POINT OF BEGINNING;
thence continuing Northwesterly along the said Northerly right-of-way line of State
Highway No. 44 along a curve to the left 126.59 feet, said curve having a central angle of
1005' 14", a radius of 6,671.05 feet, tangents of 63.30 feet and a long chord of 126.59 feet
bearing North 79056'30" West to a point of reverse curve;
thence continuing Northwesterly along the Easterly right-of-way line of Stierman Way
along a curve to the right 28.09 feet, said curve having a central angle of 80029'07", a
radius of 20.00 feet, tangents of 16.93 feet and a long chord of 25.84 feet bearing North
40014'33" West to a point of tangent;
thence North 0000'00" East 118.05 feet along the said Easterly right-of-way line of
Stierman Way to a point;
thence North 90000'00" East 165.00 feet to a point;
thence South 0000'00" West 140.22 feet along a line Easterly of and parallel with the said
Easterly right-of-way line of Stierman Way to a point of beginning of curve;
thence Southwesterly along a curve to the right 35.12 feet, said curve having a central
angle of 100036'07", a radius of 20.00 feet, tangents of 24.09 feet and a long chord of
30.78 feet bearing South 50018'04" West to the point of beginning, comprising 0.561
acre (24,449.29 square feet), more or less.
NOTICE OF TERMINATION OF EASEMENTS
WITH COVENANTS AND RESTRICTIONS AFFECTING LAND - 13
00007.0244.843001.4