Loading...
Easement - Eagle River Hotel - 4/10/2007 ADA COUNTY RECORDER Christopher D.Rich AMOUNT .00 8 BOISE IDAHO 01121/14 04:18 PM DEPUTY Nikola Olson I RECORDED-REQUEST OF II! (I�I�IIIIIIII'IIIIIIIIIIIIIIIII'll Eagle City 114005252 DEED OF GREEBELT CONSERVATION EASEMENT KNOW ALL MEN BY THESE PRESENTS, that EAGLE RIVER HOTEL, LLC, a Delaware limited liability company, whose address is 3101 N. Central Avenue, Suite 1390, Phoenix, Arizona, 85012 (Grantor), does hereby give and grant unto the City of Eagle, a political subdivision of the State of Idaho, located at 660 East Civic Lane, Eagle, Idaho 83616 (Grantee), exclusively and solely for use by the general public, a greenbelt conservation easement("Easement") for preservation of the land within the easement boundaries ("Easement Property") for pedestrian and non-motorized outdoor recreation trial use. Said Easement Property is described as follows: Lot 6 in Block 4 of Mixed Use Subdivision No. 2, according to the official plat thereof, filed in Book 83 of Plats at Pages 9117 through 9121, Official Records of Ada County, Idaho. Said Easement is described as follows: SEE EXHIBIT "A" ("Boundary Description-Greenbelt Conservation Easement") and EXHIBIT `B" ("Graphic Description") WHICH ARE MADE A PART HEREOF BY THIS REFERENCE This Easement is subject to restrictions and reservations of record and to easements and rights of way of record or existing. There are no implied easements across the Grantor's land to access this Easement nor does the Grantee guarantee any access to this Easement. This Easement is granted pursuant to the law of Idaho and in particular Idaho Code Sections 55-2101 through 2109, and is intended to qualify as a conservation easement or other charitable contribution of the purposes of donation to a qualified organization Grantee under Internal Revenue Service ("IRS") Code. FURTHER TERMS AND CONDITIONS 1. The rights of use granted by this Easement shall not extend to camping, horses, off leash dogs, overnight use, or excessive loitering in the area of the Hotel. Grantee further agrees that no modifications will be made to existing pathway surfaces and elevated walkway, without prior written permission from Grantor. The provisions of this Easement shall otherwise be liberally construed to effectuate its proposes of greenbelt public recreation trail use within the Easement Property, without effecting the Grantor's peaceful enjoyment of their property, but shall not restrict or Eagle River Hotel Easement Agreement Page 1 of 4 encumber uses or practices within or upon the remainder of Grantor's property described above or adjacent parcels. The Grantor's uses and practices on the Easement Property are restricted to those that will not adversely affect and that are otherwise consistent with the greenbelt public recreation trail purposes protected herein. 2. Grantor intends that this Easement shall run with and burden title to the Easement Property in perpetuity, and shall bind Grantor, his heirs, successors, personal representatives, and assigns. The terms `Grantor' and `Grantee' as use herein shall be deemed to include, respectively, the Grantor, the Grantor's heirs, successors, personal representatives, and assigns and the Grantee, its successors and assigns. 3. The Grantee may assign this Easement, provided: 1)The Grantee requires, as a condition of the transfer, that the greenbelt public recreation trail purposes that the Easement is intended to advance continue to be carried out; and 2) the assignment may be made only to an organization qualified at the time of transfer as an eligible donee under the IRS Code and Idaho Uniform Conservation Easement Act, Idaho Code Sections 55-2101 to 55- 21096. 4. For purposes of compliance with IRS Code Regulations, Section 170- 14(g)(6)(ii), the Grantor hereby agrees that at the time of the conveyance of this Easement to the Grantee, the donation of this Easement by Grantor gives rise to a real property right, immediately vested in the Grantee, with a fair market value of said Easement as of the date of contribution that is at least equal to the proportionate value that this Easement at the time of the contribution bears to the fair market value of Grantor's property described hereinabove as a whole at that time. That proportionate value of the Grantee's right shall remain constant. 5. If circumstances arise in the future that render the purpose of this Easement impossible or impractical to accomplish, this Easement can only be terminated or extinguished, whether with respect to all or part of the Easement Property, by judicial proceedings in a court of competent jurisdiction. 6. This Easement may be amended by subsequent agreement between the Grantor and Grantee if necessary to meet all requirements to qualify as conservation easement or other charitable contribution for purposes of donation to a qualified organization Grantee under IRA Code. 7. This Deed of Easement and any subsequent amendment thereto shall be recorded in the official records of the County where the Easement Property is located. Eagle River Hotel Easement Agreement Page 2 of 4 TO HAVE AND TO HOLD the easement unto the City of Eagle, for the purposed hereinabove described, its successors and assigns forever, and subject to the conditions hereinabove stated. IN WITNESS WHEREOF, Grantor has hereunto set his hand this ID day of ,��P YL►►- , 2007. ATTEST: GRANTOR: Eagle River Hotel, LLC, a Delaware limited liability corn y B y: (Chuck Carlise) Its: Manager STATE OF I OA 1-Fo ) County of AO A ) SS: On this t v day of A f'Y2-I&.. , in the year 2007, before me i1AglA (r i'- k , personally appeared 'Hu clZ CAY Ll i , known or identified to me (or proved to me on the oath of ), to be the manager or a member of the limited liability company that executed the instrument or the person who executed the instrument on behalf of said limited liability company and acknowledged to me that such limited liability company executed the same. In witness where of, I have hereunto set my hand and affixed my official seal the day and year of this certificate first above written. pHNesNIN 44,9.A ORP,S. �•'t. 6�,' Notary Public of Idaho; I ♦ 13,0T,44.1. c< Residing at: AVM CODA i Y M'►qs, Commission Expires: /11 `: o 12 AVB LIC •, OF 1D I..' Eagle River Hotel Easement Agreement Page 3 of 4 EXHIBIT A BOUNDARY DESCRIPTION GREENBELT CONSERVATION EASEMENT A parcel of land within Lot 6 of Block 4 of Mixed Use Subdivision No. 2, filed at Pages 9117- 9121 in Book 83 of Plats, records of Ada County, situated in the SW1/4NW1/4 of Section 16, Township 4 North, Range 1 East, Boise Meridian, Ada County, City of Eagle, Idaho, and being a portion of the property described in the General Warranty Deed to Eagle River Hotel, LLC, recorded March 29, 2006 at instrument No. 106047614, records of Ada County; said parcel being more particularly described as follows: BEGINNING at the southwest corner of said Lot 6; thence along the west line of said Lot 6 N00°55'47"E 67.77 feet to the intersection of said west line and the westerly line of a 15 foot pedestrian pathway easement as shown on the plat of said Mixed Use Subdivision No. 2; thence along the westerly line of said pedestrian pathway easement S05°24'24"W 18.07 feet; thence continuing along the southwesterly line of said pedestrian pathway easement S26°07'25"E 35.59 feet to an angle point in said southwesterly line; thence parallel with the west line of said Lot 6 S00°55'47'W 25.12 feet to the southerly line of said Lot 6; thence along said southerly line N68°01'10'W 19.48 feet to the POINT OF BEGINNING; containing 730.7 square feet, more or less. The basis of bearing for this description being said plat of Mixed Use Subdivision No. 2. END OF THIS DESCRIPTION THAT CONTAINS 1 PAGE QO ip��T`E4$G VCO 1 THIS DESCRIPTION WAS PREPARED BY DEAN J. COON, PLS10328 J.J. CO® ON MARCH 19, 2007. G:\Eg\030806\CADD\Greenbelt Easement Description.doc PAGE 1 OF 1 EXHIBIT B GRAPHIC DESRIPTION J (1 \ 1 \ INS w 14:2-6 \ \ I I ` 11.6P d L1 } ' i w `, Env W WALYZAL% Park / ` , 14 \., I WEL ri © -,--, \ ,./: ------------- ----- ------.1 W \ 2 . , , Ow i P/ --...t •. COV eO 'Er( ve6eognsog C.) Page l of 1 4N,( 1 e--/ 1 riv3 6 H-M,461c4. t•e..irtM-sv3 - t <, az 1 r.k' s, ,;, �c 85760220 90 f 9 1, .• .., .114', r� ' w,- -, 'f F t t Frit' i yx►+ # •' .. # ;... ;A,,J. .r .,. ,.1,, .x s, � 4.s747)% � o TTS u, �. "' -; tir v i.r ,t, '1363250100 i l r .:1 -. w , .11....,.:.: ,ta. ,' +t xri1. 4.. Y•fr ! rte'. »7r�. w 3°I k. 'fi . ' a• fi ...• _ y-.• .-...,"'*c•'' d, - , is vs.,r ",} ^� {�•cyyy R57b0�0`60 'm F.:.:•ric „.•a'«lw'r ry - . ; i. 11i1it ..: x+ Ir s s,., Z5.E02201iQ ;71 y # r? : t Y . r ~., Y' ' „51• ;' n .. w x sow rl7 tat$ h Y i j R vr :if YM 1 i ' it. {15{11 0,. 4. 44 THIS MAP NOT INTENDED FOR NAVIGATIONAL USE http://208.186.142.152/imf/imfPrintMap.j sp?title=riv3 10/20/200 • V" J' 1J O E 1 , a .- = co 1. tO eW v CAW U(A 1. w Z/ Z 04)N ' .: i. I � wo J Z W _ - w Z - • /it, v 02 I ,J J gZro au) �o �,, S. W5 ZW Q W, . ZD ? . < COI 0 I-W C90QZ 0 DOZ o �W 1.41n6 f7 x„,,,, , W� VI .p i W' M U . Ex0 n N O z.: `t xW`3 LLI c ` t7 ® 00 00.0\ /. 0 i <6\ u) (f)X ms 's ®O Ls-osl �• H W O 7C �Z M 0 t0 W a� O W ‘£0•0trZ M.00,OD.00s /0 ,\o \ --'tea!#a10►—�� . • .•.�to \ 1.6 l..__ � �°° ��J ,J \ j ■■ .�cx // O N` N e,// a V� rM N c` co ,FZIV �r / Z ,o � c' 3 6gS� /ry 0.t0 35' ,� -� `�sz b )0-9L 1 n J J r �VJ. 0,00.00S N // O. aT co ii 1 if co re 0 \ t h0 a; E h.N E c1 ., W n \ N O w J W / i� a Z ( dI-/ .I-LLI O O s W N � l i OZ it `` z z xolc� t,,,., o_—� —Li'L l lit W r Z r 69'£Fl— .., a. zWt 3..L.p.SS.00N �� �r�.tea No (2 O r£'Z5l £L'S£ N'Kj --__ -W W g Fn � � co I de // .7 IN WITNESS WHEREOF,the foregoing Deed of Greenbelt Conservation Easement is hereby duly accepted by the City of Eagle and has been executed on this 2 day of h-\ r r,l-\ ,2007. ATTEST: GRANTEE: THE CITY OF EAGLE, IDAHO By. c Its: i\(\ficior STATE OF IDAHO ) SS: County of Ada ) On this 7A day of 111 r , in the year 2007, before me, ,personally appeared I V a r, c C ing t r ,n known or identified o me to be the (V\r. r p r of the City of Eagle, Idaho that executed the said instrument, and acknowledged to me that such City of Eagle, Idaho 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. �••' BER GA,'••.ti Notary Public for Idaho; ��► •••••,�•��l %, Residing at:l�jo ,`S•e, TL. DIARY Commission Expires: -4/—/9-o8' .0) . • G:\Eg\030806\Greenbelt Easement.doc PAGE 4 OF 4