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Easement - Acquired Easement No 341/Go Ranches Addendum 2004 - 6/22/2004ADA COUNTY RECORDER J. DAVID NAYAR J 4 BOISE IDAHO 06121104 04:16 P DEPUTY Joanne Hooper III IIII 11111111 1111111 II �IIII II' II III RECORDED -REQUEST OF ADA COUNTY 18407862 AMOUNT .00 ASSIGNMENT OF ACQUIRED EASEMENT NO. 341 THIS INDENTURE Made this ego day of , 2004, between the County of Ada, a political subdivision of the State of Idaho, hereinafter 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. 341, Ada County Recording No. 94048233, attached hereto and marked "Exhibit A". Grantor grants all of its rights, title and interest in the property described in Easement No. 341 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. 341 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 film, 92004. 6 GRANTOR: Board of Ada County Commissioners rVudvy Pe ey-Derr, Chairman B A Inww• L r«.1 Rick Yzaguirre, issioner By Fred Tilman, Commissioner ATTEST: (D avid Navarro, Ada ty Clerk STATE OF IDAHO) ) ss. County of Ada ) On this Q 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. V • AR Y % G � :• PUB~, i �O OO �'••-`9 TE F -•`�. ASSIGNMENT OF EASEMENT NO. 347 -- PAGE 2 OF 2 � L tL I,, I I Notary Public for Id My CommissionExpires: 300 8 1730000045 STATE OF IDAHO ACQUIRED EASEMENT NO. 341 KNOW ALL MEN BY THESE PRESENTS that G.O. RANCHES, INC., 1505 Riverside Drive, Eagle, Idaho 83616, (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 for pedestrian and non -motorized access. 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 4:o the north (right) bank of the North Channel of the Boise River, more particularly described as follows: Commencing at the east one quarter (;) corner of Section 16, Township 4 North, Range 1 East, B.M., thence South 0047135" West, 381.57 feet along the east boundary of said Section 16 to a point on the ordinary high water mark of the north (right) bank of the North Channel of the Boise River as established in November, 1993, said point being the REAL POINT OF BEGINNING; thence along the said ordinary high water mark the following courses and distance-; South $9027100" West, 120.90 feet; thence North 86047120" West, 43.89 feet; thence North 86047120" West, 82.70 feet; thence North 69016100" West, 198.51 feet; thence North 78049100" West, 87.42 feet; thence South 84001100" West, 154.37 feet; thence North 41056100" West, 113.33 feet; thence South 84048100" West, 147.75 feet; thence North 71035100" West, 23.53 feet to a point of terminus of said easement, the above described area containing 0.56 of an acre, more or less, and being 972.40 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. 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. "EXHIBIT A" a N State of Idaho Acquired Easement No. 341 Page 2 of 2 • 1730000044 IN WITNESS WHEREOF, J. Michael Gwartney, has caused these presents to be duly executed by his signature. ATTEST: As Party of the First Part Jj #ichael Gwartney S etary/Treasurer of G.O. Ranches, Inc. * * * * * * * * * * * ACKNOWLEDGEMENT STATE OF IDAHO ) ss. COUNTY OF ADA ) On this 16 h day of May , 1994 , before me, a Notary Publ c in and for said county and state, personally appeared J. Michael Gwartney known to me to be the Secretary/Treasurer of G.O. Ranches, Inc., whose name is subscribed to the within instrument and acknowledged to me that he executed the same on behalf of said G.O. Ranches, Inc. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year first above written. 940`18233 A;'.; �t.�iLEft J. DAV I:.- BOISE ID :'.RO STATE OF IDAHO '94 MY 24 FEEM�. RECOFiU— - - Iii ; c `12 e` _:'QST 0F Resid n at Boise, I My Co Sion expiref n1 ' k 6