Easement - Williamson/Assignment of Acquired Easement 347 - 6/22/2004ADA COUNTY RECORDER J. DAVID NAVARRO '
BOISE IDAHO 0612204 04:16 PM
DEPUTY Joanne Hooper �II I'IIIIIIII'I'IIIIII'II'IIIII III'll
RECORDED -REQUEST OF
ADA COUNTY 104070627
AMOUNT .00
ASSIGNMENT OF ACQUIRED EASEMENT NO. 347
THIS INDENTURE Made this Aaij,W day of , 2004, between the
er designate
County of Ada, a political subdivision of the State of Idaho, hereina d as the Grantor,
and the City of Eagle, a municipal corporation of the State of Idaho, hereinafter designated the
Grantee;
WITNESSETH
That the Grantor in consideration of the sum of one dollar ($1.00) and other valuable
consideration does hereby grant, convey and assign unto the Grantee, its successors and assigns,
Easement No. 347, Ada County Recording No. 94081003, attached hereto and marked "Exhibit A".
Grantor grants all of its rights, title and interest in the property described in Easement No. 347
to Grantee and its successors and assigns. If Grantee fails to develop and utilize the above-described
real property as a pedestrian and non -motorized paved path within two (2) years, Easement No. 347
shall automatically revert to Grantor and its successors and assigns without it being necessary for
Grantor and its successors or assigns to take any affirmative action to effectuate the reverter.
ASSIGNMENT OF EASEMENT NO. 347 - PAGE 1 OF 2 AGREEMENT NO.
IN WITNESS WHEREOF, These present have been executed by the undersigned
_day of awe 2004.
GRANTOR:
Board of Ada County Commissioners
B
dy Peave -Derr, airman
By V �Lt44_
Rick Yzaguirr o issioner
r
By
FrId Tilman, Commissioner
ATTEST:
J. id Navarro, Ada County Clerk
STATE OF IDAHO)
) ss.
County of Ada )
On this r day of , 2004, before me, a Notary Public,
personally appeared Judy Peavey -Derr, Rick Yzaguirre, and Fred Tilman, known to me to be the
County Commissioners of Ada County, who executed the said instrument and acknowledged to me
that Ada County executed the same.
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ASSIGNMENT OF EASEMENT NO. 347 - PAGE 2 OF 2
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' 177900OZ35
,U^R
STATE OF IDAHO
BOISE :1)
ACQUIRED EASEMENT NO. 347
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'9'f r 6 fii! 1 51
KNOW ALL MEN BY THESE PRESENTS that MONROC, I C., 1730 Beck
Street, P.O. Box 537, Salt Lake City, Utah 84110s),_.does__
hereby give and grant unto ADA COUNTY, a politictM4kkibdivisi.on 651!0F
the State of Idaho at 650 Main Street, Boise, Idaho 83702
(Grantee), exclusively and solely for use by the general public,
a greenbelt easement which can be a paved path for pedestrian,
horses, and non -motorized access. Subject to existing easements,
reservations, matters of public record and those matters set
forth in the Agreement dated May 3, 1993, between Monroc, Inc.
and Sylvan D. Williamson and Barbara A. Williamson regarding
access, grazing rights, security fencing and other matters set
forth therein.
There are no implied easements across the Grantors' land to
access this easement nor does the Grantee guarantee any access to
this easement.
Parcel 1 - Along the North bank of the North Channel of the Boise
River
A strip of land twenty-five (25.00) feet wide, all lying
northerly of, along and adjacent to the north (right) bank of the
North Channel of the Boise River, more particularly described as
follows:
Commencing at the south one quarter (;) corner of Section
15, Township 4 North, Range 1 East, B.M., said corner marked by
an aluminum cap; thence North 0036142" East, 455.66 feet along
the north -south center of section line of said Section 15 to a
point on the existing north bank of the North Channel of the
Boise River, said point marked by a 2" iron pin, said pint being
the REAL POINT OF BEGINNING; thence North 80023114" East, 422.11
feet; thence North 82008125" East, 137.33 feet; thence North
74053108" East, 128.54 feet; thence North 89017143" East, 132.04
feet; thence South 9024142" East, 40.89 feet; thence South
42037115" East, 47.84 feet; thence South 62014108" East, 117.58
feet; thence South 750!1136" East, 103.57 feet; thence South
87032149" East, 118.15 feet; thence South 11022146" West, 206.82
feet; thence South 27024121" East, 141.62 feet; thence South
58022121" East, 111.94 feet; thence South 10001130" East, 243.23
feet; thence South 10051'24" West, 229.56 feet; thence South
66031137" East, 320.85 feet; thence South 89006156" East, 201.26
feet; thence North 89008122" East, 270.10 feet; thence South
81054100" East, 186.05 feet; thence South 64050100" East, 173.69
feet; thence South 41004'22" East, 238.99 feet; thence South
30011150" East, 48.20 feet to a point on the east boundary of
Section 22, Township 4 North, Range 1 East, the terminus of said
centerline, the above described area containing 2.08 acres, more
or less.
"EXHIBIT A"
1779000236
a of Idaho
,UiXed Easement No. 347
ige 2 of _ 5
pardel 2 - North bank of the South Channel of the Boise River
A strip of land twenty-five (25.00) feet wide, all lying
northerly of, along and adjacent to the north (right) bank of the
Sodth Channel of the Boise River, more particularly described as
follows:
Commencing at the south one quarter (;) corner of Section
15, Township 4 North, Range 1 East, B.M., said corner marked by
an aluminum cap; thence North 89047117" West, 1,326.10 feet along
the south line of said Section 15 to the southwest corner of said
Government Lot 6, said corner marked by a 5/8" iron pin; thence
South 1014128" West, 1,366.18 fe-t along the west line of
Government Lot 3 of Section 22, Township 4 North, Range 1 East,
B.M., to a point on the existing north bank of the South Channel
of the Boise River, said point marked with a 2" iron pin, said
point also being the REAL POINT OF BEGINNING; thence South
88024122" East, 62.44 feet; thence South 74033155" East, 135.23
feet; thence South 60024112" East, 196.70 feet; thence North
81043129" East, 33.06 feet; thence South 35006 58" East, 66.90
feet; thence South 48031'11" East, 168.73 feet; thence South
39049100" East, 119.58 feet; thence South 25022117" East, 51.56
feet; thence Sout. -2058152" East, 207.26 feet; thence South
67007142" East, 39'i.09 feet; thence North 81059155" East, 72.25
feet; thence North 85004'48" East, 102.36 feet; thence North
80043113" East, 270.25 feet; thence North 70011109" East, 350.76
feet; thence North 64040133" East, 82.11 feet; thence North
48035128" East, 73.23 feet; thence North 29°02155" East, 85.70
feet; thence North 63018155" East, 33.83 feet; thence North
85025139" East, 107.64 feet; thence North 72024149" East, 65.58
feet; thence North 65010'28" East, 182.36 feet; thence North
89033130" East, 77.26 feet; thence South 77034125" East, 225.02
feet; thence Scuth 79052153" East, 437.48 feet; thence South
79011139" East, 286.89 feet; thence South 9036138" East, 218.05
feet; thence South 52028130" East, 164.61 feet; Lhence South
69038154" East, 312.07 feet; thence North 81036104" East, 41.19
feet; thence South 78040137" East, 29.62 feet; thence South
75021114" East, 31.26 feet to a point on the east boundary of
Section 22, Township 4 North, Range 1 East, B.M., the terminus of
said centerline and easement, the above described area containing
2.70 acres, more or less.
Parcel 3 (Across Island along Monroc's West Property Boundary
A strip of land twelve and one half (12.50) feet wide, all
lying east of the following described centerlines:
Commencing at the south one quarter (;) corner of Section
15, Township 4 North, Range 1 East, B.M., said corner marked by
1779000237
State of Idaho
Acquired Easement No. 347
Page 3 of 5.
an aluminum cap; thence North 89047'17" West, 1,326.10 feet along
the south line of said Section 15 to the southwest corner of
Government Lot 6, said corner marked by a 5/8" iron pin; said
corner being the REAL POINT OF BEGINNING; thence North 004211211
East, 690.75 feet along the west line of said Government Lot 6 to
a point on the existing south bank of the North Channel of the
Boise River, said point marked by a h" iron pin, and being the
terminus of this segment of the easement;
ALSO:
Thence returning to the REAL POINT OF BEGINNING; thence
South 1014128" West, 1,366.18 fe t along the west line of
Government Lot 3 of Section 22, township 4 North, Range 1 East,
B.M. to a point on the existing north bank of the South Channel
of the Boise River, said point marked with a 2" iron pin, said
point being the terminus of said centerline and easement, the
above described area containing 0.59 of an acre, more or less.
It is understood and agreed that Williamson's will provide a
12.50 foot wide greenbelt easement along their east property
boundary which shall be contiguous with said Parcel 3
description. If said easement by Williamson's is never granted,
Parcel 3 of this easement shall be null and void.
The total acres described within this easement containing
5.37 acres, 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 said 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 for the
purpose of a public access greenbelt.
State of Idaho
Acquired Easement No. 347
Page 4 of 5
1779000238
IN WITNESS WHEREOF, MONROC, INC., has caused these presents
to be duly executed by their signatures.
ATTEST: As Party of the First Part
for Monroc, Inc.
BY
6Z—D-
'Uobert P rry
Title President
Acknowledged and Agreed:
Sy n D. Williamson
i���lt-situ/ (.�C •• c%Il.ZGCLQy,uJ��ul
Barbara A. William os n
1779000239
State of Idaho
Acquired Easement No. 347
Page 5 of 5
ACKNOWLEDGEMENT
STATE OF NaoMW )
COUNTY OF �,o�e ss .
On this day ofoe , 1994, before
me, a Notary Public in and for said o6unty and state, personally
appeared Robert A. Parry, known to me to be the President of
Monroc, Inc., whose name is subecribed to the within instrument
and acknowledged to me that he executed the same on behalf of
said corporation.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed
my official seal the day and year first above written.
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Plolmy Public
M. L. DUNN
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Notary P blic for I-dairo ClT.O
Residing at Boise, id
My Commission expires S= -9s`"
STATE OF IDAHO )
ss.
COUNTY OF )
On this a��Y" day of 1994,
before me, a Notary Public 1n and for sa d State of Idaho,
personally appeared Sylvan D. Williamson and Barbara A.
Williamson, husband and wife, known or identified to me to be the
persons whose names are subscribed to the within instrument and
acknowledged to me that they executed the same.
N04NRY PUBLIC fQr I h
Re iding at: QOw
s .r;� titer My Commission expires:-lc�_c�