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Easement - Addendum to Acquired Easement 345/2004 - 6/22/2004ADA COUNTY RECORDER J. DAVID NAVARnu 4 BOISE IDAHO 06122104 04:16 PIN DEPUTY Joanne Hooper RECORDED -REQUEST OF ADA COUNTY AMOUNT .00 104070624 ASSIGNMENT OF ACQUIRED EASEMENT NO. 345 THIS INDENTURE Made this e9? day of , 2004, between the County of Ada, a political subdivision of the State of Idaho, hereina er designated 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. 345, Ada County Recording No. 94062333, attached hereto and marked "Exhibit A". Grantor grants all of its rights, title and interest in the property described in Easement No. 345 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. 345 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 I OF 2 AGREE NTT NO. IN WITNESS WHEREOF, These present have been executed by the undersigned 92' day of '2004. zo GRANTOR: Board of Ada County Commissioners B 9ud�ly Peav y -Derr, Chairman By- U/I 'v4 LIM Rick Yzaguirre, ssioner By Fr d Tilman, Commissioner A' Navarro, Ada County Clerk STATE OF IDAHO) ) ss. County of Ada ) On this QQ,,d 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. ,t•'��p,H AFp��•,� 4 SOT AR y °% e • s�dM s * °°e PUB1'�G�aJ e 1 • 't i �I f U e1 ASSIGNMENT OF EASEMENT NO. 347 - PAGE 2 OF 2 Notary\Public for Idaho My Commission Expire STATE OF IDAHO ACQUIRED EASEMENT NO. 345 .e".. 1750000450 KNOW ALL MEN BY THESE PRESENTS, that ROCK CONTRACTORS, INC., P.O. Bos 8151 Meridian, ID 83642, (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 that could include a paved path for non -motorized vehicles, horses and pedestrian use. 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, all lying northerly of, along and adjacent tb the north (right) bank of the Boise River, more particularly described as follows: Commencing at the west one quarter (;) corner of Section 15, Township 4 North, Range 1 East, B.M.; thence South 0020150" West, 105.67 feet along the west section line of said Section 15 to a 5/8 inch iron pin; thence South 0023102" West, 275.75 feet along said west section line to a 5/8 inch iron pin; said pin being a point on the natural and ordinary high water line on the north (right) bank of the Boise River; said point also being the REAL POINT OF BEGINNING; thence along the said ordinary high water line to 5/8 inch iron pins the following courses and distances; South 21005104" East, 256.36 feet; thence South 33056123" East, 99.68 feet; thence South 59002146" East, 93.39 feet; thence South 59001146" East, 128.95 feet; thence South 47025136" East, 45.91 feet; thence South 35019131" East, 280.45 feet; thence South 52013133" East, 87.64 feet; thence South 63021128" East, 83.00 feet; thence South 68051116" East, 166.63 feet; thence South 66015129" East, 81.88 feet; thence South 55036155" East, 70.64 feet; thence South 50020140" East, 249.64 feet; thence South 43055159" East, 155.91 feet; thence South 69036110" East, 54.09 feet to a point on the east boundary of Government Lot 4 of said Section 15 (extended), said point being the Grantor's east property boundary, said point also being the terminus of said easement, the above described area containing 1.06 acres, more or less, and being 1,854.00 feet in length, 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. "EXHIBIT A" 1'7%'50QC'`C0il49 • u� Idaho Zatsement No. 345 P e2 Of 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 asement shall revert to the State of Idaho for the purposes of cL public access greenbelt. IN WITNESS WHEREOF, CEARLES W. WOOD has caused these presents to be duly executed by his signature. ATTEST: As Party of the First Part a�014L ",n-41 Char es W. Wood, President Rock Contractors, Ine.4 Q p Z 3 3 3 * * * * * * * * * * * R �.,V ACKNOWLEDGE14ENT BOISE +'D STATE OF ) ss. '9�i fl�1 51 COUNTY OF �Jf yk J EST OF On this o2A7" day of (.t7[E -ECC.1994 ' before me, a Notary min and for said county and state, personally appeared Charles W. Wood known to me to be the President of Rock Contractors, Inc., whose name is subscribed to the within instrument and acknowledged to me that he executed the same on behalf of said Rock Contractors, Inc. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year first above written. Notary Pu lic Idaho Residing at /se My Commission expires -- f r 0 Notary Pu lic Idaho Residing at /se My Commission expires --