Resolution - 2014 - 14-10 - Condemnation Of Specified Properties For The Use Of A Public Pathway - 04/11/2014 CITY OF EAGLE
RESOLUTION OF CONDEMNATION
RESOLUTION NO. 14-10
A RESOLUTION OF THE CITY OF EAGLE, IDAHO MAKING CERTAIN FINDINGS AND,
PURSUANT THERETO, ORDERING THE CONDEMNATION OF SPECIFIED PROPERTIES
FOR THE USE OF A PUBLIC PATHWAY
WHEREAS,the City of Eagle,Idaho,is a city within Ada County,Idaho,incorporated under
Idaho Constitution, Article XII, § 1, and Idaho Code § 50-101 et seq.; and
WHEREAS, the City maintains a public pathway for recreation use and travel along the
Boise River; and
WHEREAS, the City is authorized by the laws of the State of Idaho to acquire, through
eminent domain if necessary, real property for public use; and
WHEREAS, the City has earlier found, determined, and declared that it is necessary and
essential to the public interest,health, safety,and welfare that the City acquire the Property in order
to provide a public pathway.
NOW THEREFORE,BE IT RESOLVED that City of Eagle,Idaho,in a regularly scheduled
meeting,having considered the recommendations of its engineers and legal counsel,and having duly
considered the matter, further find and order as follows:
1. That the construction and maintenance of a public pathway is for a public use
authorized by law.
2. That the real properties necessary for the use by the City include the following
parcels, more particularly described below:
a. Parcel No. 1 —approximately 5,935 square feet,and is more particularly described on
Exhibit "A" attached hereto.
b. Parcel No. 2—approximately 33,790 square feet, and is more particularly described
on Exhibit "A" attached hereto.
c. Parcel No. 3—approximately 12,263 square feet, and is more particularly described
on Exhibit "A" attached hereto.
d. Parcel No.4—approximately 3,501 square feet,and is more particularly described on
Exhibit "A" attached hereto.
e. Parcel No. 5—approximately 181 square feet, and is more particularly described on
Exhibit"A" attached hereto.
f. Parcel No. 6—approximately 1,618 square feet,and is more particularly described on
Exhibit"A" attached hereto.
RESOLUTION NO. 14-10
Page 1
g. Parcel No. III—approximately 2,311 square feet, and is more particularly described
on Exhibit `B" attached hereto.
h. Parcel No.IV—approximately 974 square feet,and is more particularly described on
Exhibit "C" attached hereto.
i. Parcel No. V—approximately 3,632 square feet, and is more particularly described
on Exhibit "D" attached hereto.
3. That the parcels of real property described herein are necessary for the construction
and maintenance of the City's public pathway and cannot be performed without the acquisition of
said parcels.
4. That the owners, or reputed owners, and claimants of said parcels of real property
known to the City at this time are as follows, to-wit:
Laguna Pointe Homeowners Association, Inc.
9601 W. State St. Ste 203
Boise, Idaho 83714
Premier Industrial, LLC
11299 Bass Lane
Caldwell, Idaho 83605
Jade Development, LLC
P.O. Box 4393
Palos Verdes, CA 90274
5. That the City,by and through its agents,employees,and representatives,has sought in
good faith to purchase the land sought to be taken,or to settle with the owner,or reputed owner,for
the damages which might result to their property from said taking,and have been unable to make any
reasonable bargain therefore, or settlement of such damages.
6. That the location of the land sought to be taken by the City is most compatible with
the greatest public good and the least private injury, and that the City has the power of eminent
domain.
NOW THEREFORE, IT IS HEREBY ORDERED, AND THIS DOES ORDER, that the
acquisition of the land and property rights hereinabove described is necessary to the construction and
maintenance of the City public pathway hereinabove described.
IT IS FURTHER ORDERED, that the City shall acquire the hereinabove described real
property and property rights through the power of eminent domain, and legal counsel Susan E.
Buxton,of the law firm Moore Smith Buxton&Turcke,Chtd.,is directed to commence such action.
RESOLUTION NO. 14-10
Page 2
Effective this/j day of April, 2014.
CITY OF EAGLE
AMES REYNOL u S
MAYOR
ATTEST:
•
By: L4 - — k•,igh:ii..0 pxpORR
SHARON BERGMANN
v
cri
CITY CLERK/TREASURER
s SEAL
:f1'••.,, OFD DP,.••.
RESOLUTION NO. 14-10
Page 3
" ` 62 TE-0 EINIGINEEPIS
CONSULTING ENGINEERS,SURVEYORS AND PLANNERS
9777 CHINDEN BOULEVARD
BOISE,IDAHO 83714-2008
208-323-2288.FAX 208-323-2399
Project: 130145
Date:November 27, 2013
Page: 1 of 5
EXHIBIT"A"
City of Eagle Pathway Parcels within Lot 35 of Coast to Coast Subdivision,
Outside the Existing 25-Foot Wide Greenbelt Easement,Instrument No. 99117198
A parcel of land located in Lot 35, Block 1 of COAST TO COAST SUBDIVISION, as filed in
Book 96 of Plats,at Pages 11955-11963 records of Ada County, Idaho, situated in Government
Lots 2, 3 and 4,of Section 21, and the SW 1/4 of Section 16,Township 4 North, Range 1 East,
Boise Meridian, City of Eagle,Ada County,Idaho,described as follows:
PARCEL 1 (A portion of Lot 35, Block 1)
COMMENCING at the northeast corner of said Lot 43, Block 1 of said COAST TO COAST
SUBDIVISON;thence, along the northwest boundary thereof,
A) S.68°15'43"W., 32.12 feet;thence,
B) S.55°28'48"W., 84.20 feet to the POINT OF BEGINNING; thence leaving said
boundary,
1) S.55°28'48"W., 44.37 feet;thence,
2) S.89°46'41"W., 57.54 feet;thence,
3) S_54°22'03"W.,275.09 feet;thence,
4) S.33°50'40"W., 9140 feet to the northwest boundary of Lot 45,Block 1 of said
COAST TO COAST SUBDIVISON;thence,along the northwest boundary of said
Lot 45 and the northwest boundary of Lot 46, Block I of said COAST TO COAST
SUBDIVISON,
5) S.61°26'37"W., 156.98 feet;thence, leaving said boundary,
6) N.27°15'15"E., 9.41 feet thence,
7) N.60°31`27"E.,22.68 feet thence,
8) N.64°27'25"E.,44.89 feet thence,
9) N.53°18'44"E.,24.52 feet thence,
10)N.60°31'27"E., 13.45 feet thence,
11)N.40°35'06"E., 7.66 feet thence,
12)N.53°18'44"E., 1.97 feet thence,
13)N.33°50'40"E.,3.70 feet thence,
14)N.40°35'06"E,, 1 32.61 feet thence,
15)N.60°22'42"E., 88.28 feet thence,
I I:\130145\Survey\Purchase Parcels\C:ombined Purchase parcels,docx EXHIBIT "A"
Project No: 130145
Date: November 27, 2013
Page: 2 of 5
16)N.5 5°43'13"E., 145.90 feet thence,
17)N.50°21'55"E., 64.65 feet thence,
18)N.89°46'41"E., 69.68 feet to the POINT OF BEGINNING.
CONTAINING: 5,935 square feet(0.136 acres,more or less).
SUBJECT TO: all Covenants,Rights and Easements of Record.
TOGETHER WITH:
PARCEL 2 (A portion of Lot 35, Block 1)
COMMENCING at the northeast corner of said Lot 43,Block 1 of said COAST TO COAST
SUBDIVISON; thence, along the northwest boundary thereof,
C) S.68°15'43"W., 32.12 feet; thence,
D) S.55°28'48"W.,2.40 feet to the POINT OF BEGINNING; thence continuing,
16) S.55°28'48"W.,30.89 feet;thence leaving said boundary,
17) N.01°26'14"E., 58.78 feet;
18) N.28°44'46"E., 58.64 feet;
19) N_8I°40'47"E., 91.76 feet;
20) S.59°23'54"E.,263.66 feet;
21) S.22°12'45"E., 157.82 feet;
22) N.83°11'31"E., 61.77 feet
23) S.43°51'39"E., 83.17 feet
24) S.5 1°11'01"E., 32.66 feet;
25) S.30°31'11"E., 75.73 feet;
26) S.54°04'31"E.,233.25 feet;
27) S.23°20'08"E.,44.29 feet;
28) S.56°23'45"E., 108.60 feet;
29) S.74°59'31"E., 51.10 feet;
30) S.54°04'31"E.,44.57 feet;
31) S.80°25'07"E., 109.87 feet;
32) N.75°08'23"E., 33.63 feet;
33) S.84°01'21"E., 70.28 feet;
34) S.75°08'23"W., 104.73 feet;
35) N.80°25'07"W., 121.13 feet;
36) N.54°04'31"W.,483.19 feet;
37) N.30°31'11"W., 11 8.36 feet;
38) N.52°46`43"W., 58.30 feet;
1 1:11 301451SurvcylPurchase Parcels■Cumbined Purchase parcels.docx EXHIBIT "A,1
Project No: 130145
Date:November 27,2013
Page: 3 of 5
39) S.83°11'31"W., 73.92 feet;
40) N.22°12`45"W., 168.45 feet;
41) N.59°23'54"W., 246.42 feet;
42) S.81°40'47"W., 70.48 feet;
43) S.28°44'46"W., 40.12 feet;
44) S.01°26'14"W., 34,57 feet to the POINT OF BEGINNING.
CONTAINING: 33,790 square feet(0.776 acres,more or less).
SUBJECT TO: all Covenants,Rights and Easements of Record,
TOGETHER WITH:
PARCEL 3 (A portion of Lot 35, Block 1)
COMMENCING at the northwest corner of Lot 36, Block 1 of said COAST TO COAST
SUBDIVISON from which the northwest corner of said Section 21 bears N.71°47'49"W.,
2487.41 feet; thence,
E) N.25°53'29"E., 106.03 feet to the POINT OF BEGINNING;thence,
45) N.74°49'51"E., 135.32 feet;thence,
46) N.65°40'05"E., 82.62 feet; thence,
47) N.63°46'24"E., 91.11 feet;thence,
48) N.34°44'35"E., 38.06 feet;thence,
49) N.65°20'32"E., 3.38 feet; thence,
50) N.32°25'05"E.,42.34 feet;thence,
51) N.34°44'3 5"E., 87.78 feet;thence,
52) N.36°10126"E., 122.60 feet;thence,
53) N.65°09'30"E.,76.15 feet;thence,
54) N.84°57'08"E.,26.52 feet;thence,
55) S.64°13'16"E., 83.15 feet;thence,
56) S.45°23'11"E.,45.11 feet; thence,
57) S.41°57'20"E., 83.98 feet;thence,
58) N.49°46'45"W., 85.74 feet;thence,
59) N.64°13'16"W., 120.32 feet;thence,
60) S.65°09'30"W., 95.99 feet; thence,
61) S.32°25'05"W., 234.40 feet; thence,
62) S.65°20'32"W., 200.67 feet; thence,
11:113U1451Survcy\Purchusc ParcelslCumbfncd Purchase parccls.docx EXHIBIT "A"A„
Project No: 130145
Date:November 27, 2013
Page: 4 of 5
63) S.75°08'23"W., 152.25 feet to the POINT OF BEGINNING.
CONTAINING: 12,263 square feet(0.282 acres, more or less).
SUBJECT TO: all Covenants, Rights and Easements of Record.
TOGETHER WITH:
PARCEL 4 (A portion of Lot 35, Block 1)
COMMENCING at the northeast corner of Lot 36, Block 1 of said COAST TO COAST
SUBDIVISON from which the northwest corner of said Section 21 bears N.71°31'19"W.,
2848.26 feet; thence,
F) N.4 I°47'11"F., 636.19 feet to the POINT OF BEGINNING;thence,
64)S.56°06'10"E., 106.19 feet; thence,
65)S.57°05'38"E., 180.98 feet;thence,
66)5.65°56'22"E., 137.46 feet; thence,
67)S,64°13'24"E., 135.42 feet; thence,
68)N.72°45'17"W., 107.38 feet;thence,
69)N.65°18115"W., 99.48 feet; thence,
70)N.55°57'08"W., 355.57 feet to the POINT OF BEGINNING.
CONTAINING: 3,501 square feet(0.080 acres,more or less).
SUBJECT TO: all Covenants, Rights and Easements of Record.
TOGETHER WITH:
PARCEL 5 (A portion of Lot 35, Block 1)
COMMENCING at the northeast corner of Lot 36, Block 1 of said COAST TO COAST
SUBDIVISON from which the northwest corner of said Section 21 bears N.71°31'19"W.,
2848.26 feet; thence,
G) N.77°30'38"E., 933.57 feet to the POINT OF BEGINNING;thence,
71)S.71°06'36"E., 74.84 feet; thence,
72)S.64°26'40"E., 27.48 feet;thence,
73)S.00°26'41".E., 1.30 feet;thence,
I1:1I1014513urvcyiPurchasc Parcels\Combined Purchase parcels.docx EXHIBIT "A"
Project No: 130145
Date: November 27,2013
Page: 5 of 5
74)N.68°3845"W., 102.65 feet to the POINT OF BEGINNING.
CONTAINING: 181 square feet(0.004 acres, more or less).
SUBJECT TO: all Covenants,Rights and Easements of Record.
TOGETHER WITH:
PARCEL 6(A portion of Lot 35, Block 1)
COMMENCING at the northeast corner of Lot 36, Block 1 of said COAST TO COAST
SUBDIVISON from which the northwest corner of said Section 21 bears N.71°31119"W.,
2848.26 feet; thence,
H) S.76°29'31"E., 1179.77 feet to the POINT OF BEGINNING; thence,
75)S.64°27'24"E., 107.40 feet; thence,
76)S.O I°18'20"W., 14.26 feet; thence,
77)S.84°27'32"W., 26.45 feet; thence,
78)N.48°0347"W., 94.44 feet to the POINT OF BEGINNING.
CONTAINING: 1,618 square feet(0.037 acres,more or. less)
SUBJECT TO: all Covenants,Rights and Easements of Record.
COMBINED TOTAL AREA OF PARCELS: 57,288 square feet(1.315 acres, more or less).
EXHIBIT"B", attached and by this reference made a part hereof.
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FI,1I301451Survey\Purchasc ParcclstCunibined Purchase parccls.docx EXHIBIT „A,/
p TO ENGINEERS
CONSULTING ENGINEERS,SURVEYORS AND PLANNERS
9777 CHINOEN BOULEVARD
BOISE,ION-10 83714-2008
208-323-2288 a FAX 208-323-2399
Project No: 130145
Date:November 4,2013
Page: 1 of 1
EXHIBIT"A"
City of Eagle Pathway Description within Coast to Coast Subdivision
A 25-foot wide strip of land,located in Lot 46,Block 1 of COAST TO COAST SUBDIVISION,
as filed in Book 96 of Plats,at Pages 11955-11963 records of Ada County,Idaho,situated in
Government Lots 2,3 and 4,of Section 21,and the SW 1/4 of Section 16,Township 4 North,
Range 1 East,Boise Meridian,City of Eagle,Ada County,Idaho,described as follows:
PARCEL III(A portion of Lot 46,Block 1)
BEGINNING at the northerly corner of said Lot 46,Block 1 of said COAST TO
COAST SUBDIVISON;thence,along the east boundary thereof,
1) S.21°12'26"E.,20.95 feet;thence,
2) S.53°18'44"W.,7.21 feet;thence,
3) S.64°27'25"W.,65.24 feet;thence,
4) S.45°21'09"W.,69.28 feet to the northwest boundary of said Lot 46;thence,along
said boundary the following courses:
5) N.27°15'15"E.,66.86 feet;thence,
6) N.61°26'37"E., 86.22 feet to the POINT OF BEGINNING.
CONTAINING: 2,311 square feet(0.053 acres,more or less).
SUBJECT TO: all Covenants,Rights and Easements of Record.
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T I:U 301451survey\Rxh•Extsting Pathway_L46 PC1.3.docx
EXHIBIT "B"
T-13 ENGINEERS
CONSULTING ENGINEERS,SURVEYORS AND PLANNERS
9777 CHINDEN BOULEVARD
BOISE,IDAHO 83714-2008
208-323-2288•FAX 208-323-2399
Project No: 130145
Date: November 4, 2013
Page: 1 of 1
EXHIBIT"A"
City of Eagle Pathway Description within Coast to Coast Subdivision
A 25-foot wide strip of land, located in Lot 45, Block 1 of COAST TO COAST SUBDIVISION,
as filed in Book 96 of Plats, at Pages 11955-11963 records of Ada County, Idaho, situated in
Government Lots 2, 3 and 4,of Section 21, and the SW 1/4 of Section 16, Township 4 North,
Range 1 East, Boise Meridian, City of Eagle,Ada County,Idaho, described as follows:
PARCEL IV (A portion of Lot 45, Block 1)
BEGINNING at the northwesterly corner of said Lot 45, Block 1 of said COAST TO
COAST SUBDIVISON;thence,along the north boundary thereof,
1) N.61°26'37"E., 70.76 feet;thence,
2) S.33°50'40"W., 30.56 feet;thence,
3) S.53°18'44"W.,46,82 feet to the west boundary of said Lot 45; thence, along said
boundary,
4) N.21°12'26"W., 20.95 feet to the POINT OF BEGINNING.
CONTAINING: 974 square feet(0.022 acres, more or less).
SUBJECT TO: all Covenants, Rights and Easements of Record.
04114.1.4
404,
lit 3,,q .4.31
of 100.
'490100
II:\I301451Su vcy1Lxh-Listing Pathway_L.45 PCLA.docx
EXHIBIT "C "
T 0 ENGINEERS
CONSULTING ENGINEERS,SURVEYORS AND PLANNERS
9777 CHINDEN BOULEVARD
BOISE,IDAHO 83714-2008
208-323-2289•FAX 208-323-2399
Project No: 130145
Date: November 4, 2013
Page: I of 1
EXHIBIT"A"
City of Eagle Pathway Description within Coast to Coast Subdivision
A 25-foot wide strip of land,located in Lot 43, Block 1 of COAST TO COAST SUBDIVISION,
as filed in Book 96 of Plats, at Pages 11955-11963 records of Ada County, Idaho, situated in
Government Lots 2, 3 and 4, of Section 21, and the SW 1/4 of Section 16, Township 4 North,
Range 1 East, Boise Meridian, City of Eagle, Ada County, Idaho, described as follows:
PARCEL V(A portion of Lot 43, Block 1)
COMMENCING at the northeast corner of said Lot 43, Block 1 of said COAST TO
COAST SUBDIVISON; thence, along the northwest boundary thereof,
A) S.68°15'43"W., 32.12 feet; thence,
B) S.55°28'48"W.,2.40 feet to the POINT OF BEGINNING; thence leaving said
boundary,
1) S.0I°26'14"W., 71.13 feet;thence,
2) S.89°46'41"W., 102.17 feet to said northwest boundary;thence, along said boundary,
3) N.55°28'48"E., 126.17 feet to the POINT OF BEGINNING.
CONTAINING: 3,632 square feet (0.083 acres, more or less).
SUBJECT TO: all Covenants, Rights and Easements of Record.
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}I:\130145\Su rvcy\Exh-I:xisting Pathway_1.43 PCLS.docx
EXHIBIT "D"