Easement - Aquired Easement No 490 - 9/8/1998Cov
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ACURAE139AR&IP NO.490
RECORDED - REQUEST OF
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KNOW ALL MEN BY THESE PRESENTS that DELORES ASHLEY, as trustee of the
Henry Ellsworth Dalrymple Testamentary Trust, of 11830 Savage Drive, Boise, Idaho 83704
(Grantor), does hereby give and grant unto the Ada County, a political subdivision of the
State of Idaho, at 650 West Main St., Boise, Idaho 83702 (Grantee), non -exclusively for use by
the general public, a permanent greenbelt easement which can be a paved path for pedestrian,
equestrian, and other non -motorized access.
There are no implied easements across the Grantor's land to access this easement nor
does either party guarantee any access to this easement.
A tract of land being located in Government Lots 7 and 8 in Section 22 and Government
Lot 8 in Section 23, all in Township 4 North, Range 1 East, Boise Meridian, Ada County, Idaho,
more particularly described as follows:
A strip of land twenty five (25.00) feet wide, all being located southerly of and adjacent to the
ordinary high water line of the south (left) bank of the South Channel of the Boise River as more
particularly- described as follows:
Commencing at an Ada County brass cap marking the section comer common to
Sections 22, 23, 26, and 27, Township 4 North, Range 1 East, Boise Meridian; thence North
0037'56" East a distance of 1,876.35 feet along the section line common to said Sections 22
and 23; thence South 88059'38" East, 236.11 feet; thence South 74056'46" East, 105.23 feet;
thence South 70043'20" East, 233.03 feet; thence South 66°25'54" East, 155.18 feet; thence
South 72056'32" East, 71.35 feet; thence South 82°15'24" East, 277.20 feet; thence North
3°18'45" East, 596.26 feet; thence North 85057'20" West, 468.43 feet; thence North 15017'58"
West, 374.76 feet; thence North 7031'29" East, 193.87 feet to a point on the existing ordinary
high water line of the south bank of the South Channel of the Boise River, said point being the
REAL POINT OF BEGINNING; thence along the said ordinary high water line the following
courses and distances; North 88058'35" West, 84.30 feet; thence North 77037'59" West, 392.47
feet; thence North 81"47'23" West, 164.60 feet; thence North 70045'04" West, 431.31 feet;
thence North 49028'44" West, 162.50 feet; thence North 62°22'04" West, 302.38 feet; thence
North 56044'26" West, 148.03 feet; thence North 79038'33" West, 302.75 feet; thence North
74016'29" West, 217.65 feet; thence South 71_000'02" West, 160.17 feet; thence South
57"52'11" West, 189.04 feet; thence South 63°40'43" West, 197.65 feet; thence South
76043'26" West, 144.16 feet to a point, said point being the terminus of said easement, the
above described area containing 1.66 acres, more or less.
It is understood and agreed that this easement location will change and coincide with
any changes of the south bank of the South Channel of the Boise River.
The Grantor reserves the right to require Ada County or the current maintainer of the
greenbelt to construct a fence along the south boundary of the easement at a later date at the
greenbelt maintainer's expense, if deemed necessary upon the mutual agreement of the
Grantor and the Grantee for the Grantor's property protection and security.
This easement was approved by the State Board of Land Commissioners on September 8,
1998.
State of Idaho
Acquired Easement No. 490
Paae 2 of 2
TO HAVE AND TO HOLD the said easement unto State of Idaho, for the purposes
herein above described, its successors and assigns forever. If for any reason, the easement
fails to be developed 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 unimproved public access
easement.
IN WITNESS WHEREOF, DELORES ASHLEY, Trustee of the Henry Ellsworth
Dalrymple Testamentary Trust, has caused these presents to be duly executed by her
signature.
ATTEST.
STATE OF IDAHO )
( ss -
County of Ada )
As. Party of the First Part
DELORES ASHLEY, Trustee
ACKNOWLEDGMENT
On this 444 day of 1998, before me, a Notary Public in and for
said State of Idaho, personally appeared DELORES ASHLEY, Trustee of the Henry
Ellsworth Dalrymple Testamentary Trust, known or identified to me to be the person whose
name is subscribed to the within instrument and acknowledged to me that she executed the
same.
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