Easement - Idaho First Bank - 2021 - 560 E. State Street - Idaho First Bank Storm Water Drainage Easement Agreement ADA COUNTY RECORDER Phil McGrane 2021-163406
BOISE IDAHO Pgs=12 BONNIE OBERBILLIG 11/15/2021 10:19 AM
CITY OF EAGLE,IDAHO NO FEE
Recording Requested By and
When Recorded Return to:
Idaho First Bank
Attn: Todd Cooper
209 N. 12th Street
Boise, ID 83702
SPACE,AEOVE THIS LINE FOR RECORDER'S USE ONLY
STORM WATER DRAINAGE
EASEMENT AGREEMENT
This Storm Water Drainage Easement Agreement ("Agreement"), is made as of
September 30, 2021 ("Effective Date"), by and between Idaho First Bank, an Idaho corporation,
whose mailing address is 560 E. State St. Eagle, ID ("IFB"), and City of Eagle, a municipal
corporation, whose mailing address is 660 E. Civic Lane, Eagle, ID 83616 (the "City"). IFB and
the City are sometimes referred to herein individually as a "Party" and collectively as the
"Parties."'
RECITALS
A. IFB is the owner of that certain parcel of real property located in Ada County, Idaho,
commonly known as 560 E. State Street, Eagle, Idaho 83616,which is more particularly described
on Exhibit A and approximately depicted on Exhibit B (the"IFB Parcel").
B. The City is the owner of that certain parcel of real property located in Ada County,
Idaho, commonly known as 100 Stierman Way, Eagle, Idaho 83616, which is more particularly
described on Exhibit C and approximately depicted on Exhibit B (the"City Parcel").
C. Surface drainage from the IFB Parcel flows onto the City Parcel and from the City
Parcel onto the IFB Parcel,
D. The Parties desire to establish,for each Parties' benefit, easements to permit the
flow of storm water between the IFB Parcel and the City Parcel, not to exceed those certain
volumes described below.
NOW, THEREFORE, in consideration for Ten Dollars ($10.00) and other valuable
consideration, the receipt of which is hereby acknowledged, the Parties agree as follows:
1. Definitions:
(a) Owner. The record holder of fee simple title to the IFB Parcel or the City
Parcel, as applicable, and their respective successors and assigns.
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09961.0112.13947260.4
Recording Requested By and
When Recorded Return to:
Idaho First Bank
Attn: Todd Cooper
209 N. 12th Street
Boise, ID 83702
SPACE ABOVE THIS LINE FOR RECORDERS USE ONLY
STORM WATER DRAINAGE
EASEMENT AGREEMENT
This Storm Water Drainage Easement Agreement ("Agreement"), is made as of
September 30, 2021 ("Effective Date"), by and between Idaho First Bank, an Idaho corporation,
whose mailing address is 560 E. State St. Eagle, ID ("IFB"), and City of Eagle, a municipal
corporation, whose mailing address is 660 E. Civic Lane, Eagle, ID 83616 (the "City"). IFB and
the City are sometimes referred to herein individually as a "Party" and collectively as the
"Parties."'
RECITALS
A. IFB is the owner of that certain parcel of real property located in Ada County, Idaho,
commonly known as 560 E. State Street, Eagle, Idaho 83616,which is more particularly described
on Exhibit A and approximately depicted on Exhibit B (the "IFB Parcel").
B. The City is the owner of that certain parcel of real property located in Ada County,
Idaho, commonly known as 100 Stierman Way, Eagle, Idaho 83616, which is more particularly
described on Exhibit C and approximately depicted on Exhibit B (the "City Parcel").
C. Surface drainage from the IFB Parcel flows onto the City Parcel and from the City
Parcel onto the IFB Parcel.
D. The Parties desire to establish, for each Parties' benefit, easements to permit the
flow of storm water between the IFB Parcel and the City Parcel, not to exceed those certain
volumes described below.
NOW, THEREFORE, in consideration for Ten Dollars ($10.00) and other valuable
consideration, the receipt of which is hereby acknowledged, the Parties agree as follows:
1. Definitions:
(a) Owner. The record holder of fee simple title to the IFB Parcel or the City
Parcel, as applicable, and their respective successors and assigns.
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(b) Parcel. The IFB Parcel or the City Parcel, as applicable, individually.
(c) Parcels. The IFB Parcel and the City Parcel, as applicable, collectively.
2. IFB's Easement to the City .
(i) Grant. IFB, as the Owner of the IFB Parcel, hereby grants to the
City, as Owner of the City Parcel, a perpetual, non-exclusive easement for purposes of the
passage of natural and non-intentional storm water and surface drainage from the City Parcel
onto the IFB Parcel ("IFB Easement") upon, over and across the IFB Parcel ("IFB Easement
Area"), subject to certain limitations described below.
(ii) Limitations. The IFB Easement shall be limited such that the
amount of storm water and surface drainage entering the IFB Easement Area from the City Parcel
shall not exceed 158 cubic feet of water per 100-year event as described in the "Eagle Drainage
Design Standards", dated November 17, 2015 (the "City Water Flow Restrictions"). Any water
in excess of the City Water Flow Restrictions shall be deemed a breach of the IFB Easement.
(iii) Hazardous Substances. The Owner of the City Parcel shall not
permit any Hazardous Substances to enter the IFB Parcel through storm water from the City
Parcel. In the event any Hazardous Materials enter the IFB Parcel through storm water from the
City Parcel, the Owner of the City Parcel shall be solely responsible for removing all Hazardous
Substances from the IFB Parcel at the Owner of the City Parcel's sole cost and expense, and
Owner of the IFB Parcel shall have no liability or obligation with respect thereto. To the extent
permitted by law, the Owner of the City Parcel shall, at its sole cost and expense, indemnify,
defend by counsel satisfactory to the Owner of the IFB Parcel and hold the Owner of the IFB
Parcel harmless from any claim, loss, liability, cost expense or damage resulting therefrom if such
violation requires the removal, remediation or disposal of any such Hazardous Substance.
"Hazardous Substances" shall mean any hazardous, toxic, dangerous materials or substances
in violation of Environmental Laws. "Environmental Laws" shall mean Comprehensive
Environmental Response, Compensation, and Liability Act, 42 U.S.C, §9601 et seq.; the
Resource Conservation and Recovery Act, 42 U.S.C. §6501 et seq.; the Superfund Amendments
and Preauthorization Act, 42 U.S.C. §9601 et seq. or any other federal, state and local statute,
law, ordinance or regulation related to environmental matters or liability.
(iv) Obstructions. The Owner of the IFB Parcel may,from time to time,
place, construct, or install, within the IFB Easement Area, (1) surface improvements, including
paved driveways, parking, walkways, landscaping, or similar improvements, which improvements
do not interfere with the Owner of the City Parcel's use of the IFB Easement, or (2) drainage
improvements; provided, however, the Owner of the IFB Parcel shall be prohibited from
constructing, altering or placing anything in the IFB Easement Area which shall obstruct or impede
the flow of storm water or surface drainage from the City Parcel.
(v) Reservation. All of the Owner of the IFB Parcel's right, title, and
interest in and to the IFB Easement Area, which may be used and enjoyed without interfering with
the rights conveyed bythis Agreement are reserved to the Owner of the IFB Parcel. The Owner
9 Y 9
of the IFB Parcel shall have the right to grant additional easement rights in the IFB Easement
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, i
Area. The Owner of the IFB Parcel reserves the right to use the IFB Parcel in any manner and for
any purpose that does not interfere with the Owner of the City Parcel's easement rights hereunder.
3. The City's Easement to IFB for Storm Water Drainage.
(i) Grant. The City, as the Owner of the City Parcel, hereby grants to
IFB, as Owner of IFB Parcel, a perpetual, non-exclusive easement for purposes of natural and
non-intentional storm water and surface drainage from the IFB Parcel to the City Parcel ("the City
Easement") upon, over and across the City Parcel ("the City Easement Area"), subject to certain
limitations described below..
(ii) Limitations. The City Easement shall be limited such that the
amount of storm water and surface drainage entering the City Easement Area shall not exceed
158 cubic feet of water per 100-year event as described in the "Eagle Drainage Design
Standards", dated November 17, 2015 (the"IFB Water Flow Restrictions"). Any water in excess
of the IFB Water Flow Restrictions shall be deemed a breach of the City Easement.
(iii) Hazardous Substances. The Owner of the IFB Parcel shall not
permit any Hazardous Substances to enter the City Parcel through storm water from the IFB
Parcel. In the event any Hazardous Materials enter the City Parcel through storm water from the
IFB Parcel, the Owner of the IFB Parcel shall be solely responsible for removing all Hazardous
Substances from the City Parcel at the Owner of the IFB Parcel's sole cost and expense, and the
Owner of the City Parcel shall have no liability or obligation with respect thereto. The Owner of
the IFB Parcel shall, at its sole cost and expense, indemnify, defend by counsel satisfactory to
the Owner of the City Parcel and hold the Owner of the City Parcel harmless from any claim, loss,
liability, cost expense or damage resulting therefrom if such violation requires the removal,
remediation or disposal of any such Hazardous Substance.
(iv) Obstructions. The Owner of the City Parcel may,from time to time,
place, construct, or install, within the City Easement Area, (1) surface improvements, including
paved driveways, parking, walkways, landscaping, or similar improvements, which improvements
do not interfere with Owner of the IFB Parcel's use of the City Easement, or (2) drainage
improvements. The Owner of the City Parcel shall be prohibited from constructing, altering or
placing anything in the City Easement Area which shall obstruct or impede the flow of storm water
or surface drainage from IFB Parcel.
(v) Reservation. All of the Owner of the City Parcel's right, title, and
interest in and to the City Easement Area, which may be used and enjoyed without interfering
with the rights conveyed by this Agreement are reserved to the Owner of the City Parcel. The
Owner of the City Parcel shall have the right to grant additional easement rights in the City
Easement Area. The Owner of the City Parcel reserves the right to use the City Parcel in any
manner and for any purpose that does not interfere with Owner of the IFB Parcel's easement
rights hereunder.
4. Maintenance of Easement Area. The Owner of each Parcel shall perform routine
maintenance of the applicable easement area, including but not limited to satisfying any
maintenance standards imposed by the City of Eagle or any other authority having jurisdiction,
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and may perform such work itself or contract with a third party or parties to perform any of the
services described herein.
5. Damage Caused by Party. In the event any portion of either easement area is
disturbed or damaged by any Party, or said Party's tenants, contractors, employees, agents,
licensees or invitees use thereof, said Party shall restore the disturbed or damaged portion of the
applicable easement area to the condition in which it existed prior to the disturbance or damage,
at said Party's sole cost and expense.
6. Indemnification. To the extent permitted by law, each Owner agrees to indemnify,
defend and hold harmless the other Owner, their tenants, subtenants, agents, contractors,
employees and the subtenants, contractors, employees, agents and licensees and invitees of
such tenants from and against any and all liability, claims, damages, expenses (including
reasonable attorneys'fees including on appeal),judgments, proceedings and causes of action for
injury to or death or any person or damage to or destruction of any property resulting from the
exercise of the rights granted herein and/or the use of any easement area, or any portion thereof,
by the indemnifying Owner, except to the extent caused by the negligence or intentional action or
omission by any indemnified Owner or its tenants, subtenants, agents, contractors, employees or
and the subtenants, contractors, employees, agents and licensees and invitees of such tenants.
7. Limitation of Damages. NOTWITHSTANDING ANYTHING TO THE
CONTRARY CONTAINED IN THIS AGREEMENT, IN THE EVENT OF A DEFAULT BY EITHER
PARTY AS GRANTOR OF EASEMENT RIGHTS HEREUNDER, OR FOR ANY OTHER
REASON, SUCH PARTY SHALL NOT BE LIABLE TO THE OTHER FOR ANY INDIRECT,
PUNITIVE, SPECIAL, CONSEQUENTIAL, OR INCIDENTAL DAMAGES WHATSOEVER,
INCLUDING LOSS OF GOODWILL OR LOSS OF PROFITS.
8. Term. This Agreement shall commence on the Effective Date. Unless otherwise
canceled or terminated in writing by the mutual agreement of the Parties, or pursuant to the terms
of this Agreement, the easements granted in this Agreement shall continue in perpetuity. Upon
the termination of this Agreement, the Parties will prepare and record a document evidencing the
termination of this Agreement and the release of the easement granted herein.
9. Miscellaneous.
(a) Recitals. The Recitals set forth at the beginning of this Agreement shall be
deemed a part of this Agreement.
(b) Good Faith. The Parties agree to exercise their best efforts and utmost
good faith to effectuate all the terms and conditions of this Agreement and to execute such further
instruments and documents as are necessary or appropriate to effectuate all of the terms and
conditions of this Agreement.
(c) Not a Public Dedication; No Prescriptive Use or Adverse Possession.
Nothing contained in this Agreement shall, or shall be deemed to, constitute a gift or dedication
of any portion of the IFB Parcel or the City Parcel to the general public or for the benefit of the
general public or for any public purpose whatsoever, it being the intention that this Agreement will
be strictly limited to and for the purposes expressed herein. The Parties hereby agree that no
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09961.01 12.13 947260.4
Party shall make any claim to any easement area identified in this Agreement, whether by claim
of prescriptive use, claim of adverse possession, boundary by agreement and/or any other legal
theory of use or ownership which is inconsistent with this Agreement.
(d) Amendment. This Agreement may not be modified in any respect
whatsoever or terminated, in whole or in part, except by written instrument duly executed and
acknowledged by the Owners of the IFB Parcel and the City Parcel.
(e) Severability. If any term or provision of this Agreement, to any extent, shall
be held invalid or unenforceable, the remaining terms and provisions hereof shall not be affected
thereby, but each such remaining term and provision shall be valid and enforced to the fullest
extent permitted by law.
(f) Enforcement. In the event of a breach of any term, covenant, restriction
or condition of this Agreement by any Party, any other Party to this Agreement shall have, in
addition to the right to collect damages, the right to enjoin such breach or threatened breach in a
court of competent jurisdiction.
(g) Breach Shall Not Permit Termination. It is expressly agreed that no
breach of this Agreement shall entitle any Party to terminate this Agreement, but such limitation
shall not affect in any manner any other rights or remedies which such Party may have by reason
of any breach of this Agreement.
(h) Attorneys' Fees. In the event any Party initiates or defends any legal
action or proceeding to enforce or interpret this Agreement, the prevailing Party in any such action
or proceeding shall be entitled to recover from the non-prevailing Party in any such action or
proceeding its reasonable costs and attorneys'fees (including its reasonable costs and attorneys'
fees on any appeal) as determined by the court in the same or a separate proceeding.
(i) Successors and Assigns. The easements granted herein shall inure to
the benefit and be binding upon the parties hereto, their respective successors, assigns, heirs
and personal representatives, and upon any person or entity acquiring a Parcel, or any portion
thereof, or any interest therein, whether by operation of law or otherwise.
(j) Running of Benefits and Burdens. All provisions of this Agreement,
including the benefits and burdens hereof, run with the IFB Parcel and the City Parcel and are
binding upon and inure to the benefit of the Parties, and their respective heirs, trustees,
beneficiaries, assigns, successors, and personal representatives.
(k) Not a Partnership. The provisions of this Agreement are not intended to
create, nor shall they be in any way interpreted or construed to create, a joint venture, partnership,
or any other similar relationship between the Parties.
(I) Entire Agreement. This Agreement contains the entire agreement
oral or with
between the Parties and supersedes and replaces allprior agreements, written,
p P
respect to the subject matter hereof. The provisions of this Agreement shall be construed as a
whole and not strictly for or against any Party.
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09961.0112.13947260.4
(m) Construction. In construing the provisions of this Agreement and
whenever the context so requires, the use of a gender shall include all other genders, the use of
the singular shall include the plural, and the use of the plural shall include the singular.
(n) Joint and Several. In the event any property burdened or benefited by this
Agreement is owned by more than one person, the obligations of said persons shall be joint and
several.
(o) Applicable Law. This Agreement shall be construed in accordance with
and governed by the laws of the State of Idaho, without reference to its choice of law rules that
would apply the law of another jurisdiction.
(p) Exhibits. All exhibits attached to this Agreement are expressly made a part
of and incorporated in this Agreement as fully as though completely set forth in this Agreement.
(q) Notice. All notices, demands, requests, and other communications under
this Agreement (provided, however, that where this Agreement requires written approval or
consent, e-mail shall suffice) shall be in writing and shall be deemed properly served or delivered,
(i) if delivered by hand to the party to whose attention it is directed, or (ii) when sent, three (3)
days after deposit in the U.S. mail, postage prepaid, certified mail, return receipt requested, or(iii)
one (1) day after deposit with a nationally recognized air carrier providing next day delivery. All
notices shall be addressed to the Parties at the address shown in the real property tax records:
(r) Counterparts.This Agreement may be signed in two or more counterparts,
each of which shall be deemed an original but all of which, taken together, shall constitute one
and the same Agreement.
[SIGNATURES ON FOLLOWING PAGE]
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09961.0112.13947260.4
IN WITNESS WHEREOF, the Parties have executed this Agreement as of the Effective
Date.
IFB: Idaho FirsOan ,
Idaho corpbratio
By:
Name• avP irkPy
Its: SPninr Vice PrfgiriAnt
STATE OF IDAHO
ss.
County of Ada )
,/f On this �! day of November, 2021, before me,
4�_ / 1 a Notary Public in and for said State,
personally appeared [ ]( known or identified to me to be the Senior Vice President of
Idaho First Bank, an Idaho corporation, the corporation that executed the within instrument or
the person who executed the instrument on behalf of said bank, and acknowledged to me that
such bank 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.
•• 4 •••`• 9 '•. NotaryPubfic'for Idah //
Cie 4OTgR�, ',r Residing at l >< •
-
• ••... My commission expires i/-? % /2 7
. PUBLIC
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09961.01 12.13947260.4
City: City of Eagle
By:
Nam : on Prc'- -
Its: Mom/ o✓'
STATE OF IDAHO )
) ss.
County of Ada )
nn this J day of November, 2021, before me,
rac`'1 E. (ss_bo('n , a Notary Public in and for said State, impersonally
appeared [ ], known or identified to me to be the Mai prof the City of Eagle, the(4/ eid that
executed the within instrument or the person who executed the instrument on behalf of said
C1 , and acknowledged to me that suchp,9 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.
TRACY E.OSBORN n
COMMISSION#27120 �i
NOTARY PUBLIC . 646(k--
STATE OF IDAHO Notary Pu f Idaho
MY COMMISSION EXPIRES V Residing a u.1��.
X My commiss o expires
es /
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09961.0112.13947260.4
EXHIBIT A
LEGAL DESCRIPTION OF IFB PARCEL
A parcel of land being a portion of the Southwest quarter of Section 9,Township 4 North,Range I East, Boise
Meridian,Eagle,Ada County,Idaho and more particularly described as follows:
Beginning at a railroad spike marking the Northwest corner of the said Southwest quarter of Section 9;thence
North 88°58'02"East a distance of 2654.24 feet along the Northerly boundary of the said Southwest quarter of
Section 9 to a brass cap marking the Northeast corner of the said Southwest quarter of Section 9;thence
South 0°01'20"West a distance of 1716.74 feet along the Easterly boundary of the said Southwest quarter of Section
9 to a point of beginning of curve on the Northerly right of way line of State Highway No.44;thence
Northwesterly along the said Northerly right of way line of State Highway No.44 along a curve to the left a distance
of 699.72 feet,said curve having a central angle of 6°00'35",a radius of 6671.05 feet,tangents of 350.18 feet and a
long chord of 699.40 feet bearing North 76°23'35" West to a point of ending of curve,also said point being the
REAL POINT OF BEGINNING;thence continuing
Northwesterly along the said Northerly right of way line of State Highway No.44 along a curve to the left a distance
of 126.59 feet,said curve having a central angle of 1°05'14",a radius of 6671.05 feet,tangents of 63.30 feet and a
long chord of 126.59 feet bearing North 79°56'30"West to a point of reverse curve;thence continuing
Northwesterly along the Easterly right of way line of Stierman Way along a curve to the right 28.09 feet,said curve
having a central angle of 80°29'07",a radius of 20.00 feet.tangents of 16.93 feet and a long chord of 25.84 feet
bearing North 40°14'33"West to a point of tangent;thence
North 0°00'00" East a distance of 1 18.05 feet along the said Easterly right of way line of Stiennan Way to a point;
thence
North 90°00'00" East a distance of 165.00 feet to a point;thence
South 0°00'00" West a distance of 140.22 feet along a line Easterly of and parallel with the said Easterly right of way
line of Stiennan way to a point of beginning curve;thence
Southwesterly along a curve to the right 35.12 feet,said curve having a central angle of 100°36'07",a radius of 20.00
feet,tangents of 24.09 feet and a long chord of 30.78 feet bearing South 50°18'04"West to the POINT OF
BEGINNING.
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EXHIBIT B
DEPICTION OF PARCELS
CITY PARCEL
IFB PARCEL
_
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EXHIBIT C
LEGAL DESCRIPTION OF THE CITY PARCEL
CITY PROPERTY
(LIBRARY)
A parcel of land being a portion of the SW '/4 of Section 9, TAN., R.IE.. B.M., Eagle,
Ada County, Idaho,and more particularly described as follows:
Beginning at a railroad spike markingthe
Northwest corner of the said SW 1/4 of Section 9;
g g p
thence North 88°58'02" East 2,654.24 feet along the Northerly
boundary of the said SW '/4 of Section 9 to a brass cap marking the
Northeast corner of the said SW '/4 of Section 9;
thence South 0 Ol 20 West 1,716.74 feet along the Easterly
boundary of the said SW '/ of Section 9 to an iron pin marking a
point of beginning of curve on the Northerly right-of-way line of
1?
g
State Highway No. 44;
thence Northwesterly along the said Northerly right-of-way line of
State Highway No. 44 along a curve to the left 560.39 feet, said
curve having a central angle of 4°48'47",a radius of 6,671.05 feet,
tangents of 280.36 feet and a long chord of 560.23 feet bearing
North 75°47'42" West to a point on curve, also said point being
the REAL POINT OF BEGINNING;
ING;
thence continuing Northwesterly along the said Northerly right-of-
way line of State Highway No. 44 along a curve to the left 139.33
feet, said curve having a central angle of 1°i 1'48", a radius of
6,671.05 feet, tangents of 69.67 feet and a longchord of 139.33
,
feet bearing North 78°47'59" West to an iron pin marking a point
of ending of curve,which is also a point of beginning of curve;
thence Northeasterly along a curve to the left 35.12 feet, said curve
having a central angle of 100°36'07", a radius of 20.00 feet,
tangents of 24.09 feet and a long chord of 30.78 feet bearing North
50'18'04"East to an iron pin marking a point of tangent;
thence North 0°00'00"East 140.22 feet to an iron pin;
thence South 90°00'00"West 165.00 feet to an iron pin marking a
point on the Easterly right-of-way line of Stieiivan Way;
thence North 0°00'00" East 71.40 feet along the said Easterly
right-of-way line of Stierman Way to an iron pin marking a point
of curve;
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thence Northwesterly along the said Easterly right-of-way line of
Stierman Way along a curve to the left 54.98 feet, said curve
having a central angle of 15°00'00", a radius of 210.00 feet,
tangents of 27.65 feet and a long chord of 54.82 feet bearing North
7°30'00"West to an iron pin marking a point of tangent;
thence North 15°00'00" West 278.83 feet along the said Easterly
right-of-way line of Stierman Way to an iron pin marking a point
of curve;
thence Northwesterly along the said Easterly right-of-way line of
Stierman Way along a curve to the left 45.68 feet, said curve
having a central angle of 11°22'50", a radius of 230.00 feet,
tangents of 22.92 feet and a long chord of 45.61 feet bearing North
20°41'25" West to an iron pin marking the Southwesterly corner
of Lot 1 of Block 1 of Eagle Village Subdivision, as filed for
record in the office of the Ada County Recorder, Boise, Idaho, in
Book 40 of Plats at pages 3304 and 3305;
thence North 61°32'20" East 30.60 feet (formerly described as
30.02 feet) along the Southerly boundary of the said Eagle Village
Subdivision to a point;
thence South 84°28'50" East 201.19 feet along the said Southerly
boundary of the Eagle Village Subdivision to a point;
thence North 89°58'55" East 161.27 feet along the said Southerly
boundary of the Eagle Village Subdivision to a point;
thence South 0°00'00"West 305.00 feet to a point;
thence South 90°00'00"West 15.00 feet to a point;
thence South 0°00'00"West 314.97 feet to the point of beginning, comprising 3.723 acres, more
or less.
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