Easement - Pedistrian & Landscape Easement (Blue Moose Cafe) - 4/13/2007ADA COUNTY RECORDER J. DAVID NAVARRO AMOUNT .00 i
BOISE IDAHO 04/26/07 01:39 PM
DEPUTY Bonnie Oberbillig III I'IIIIIIIIIIIIIIIIIII'IIIII'lll'11
RECORDED -REQUEST OF 1070918
Eagle Ciry
PEDESTRIAN AND LANDSCAPE EASEMENT
THIS EASEMENT, executed this "3 -ti day of , 2007, by
Marcy S. Anderson, the owner of The Blue Moose Cafe, LLC, 6rantor, to the CITY OF
EAGLE, a municipal corporation of the state of Idaho, Grantee, WITNESSETH:
FOR VALUE RECEIVED, the Grantor does hereby grant(s), bargain(s), sell(s)
and transfer(s) unto the CITY OF EAGLE, a municipal corporation, GRANTEE, its
successors and assigns a 5.00 foot wide permanent public easement for pedestrian access
and landscape improvements lying in a portion of Lot 5 Schmelzer Addition as recorded
Ada County Assessor's Map 4N1E09. This exclusive permanent easement runs with the
land for the benefit of the Grantor for the purposes described herein.
The perpetual easement hereby given granted, conveyed and transferred for
maintaining, repairing and operating the pedestrian access and landscaping is
exclusive and further described as follows:
A 5.00 foot wide permanent public easement for pedestrian access and
landscaping lying in a portion of Lot 5 of Schmelzer Addition as recorded in Book 12 of
Plats at Page 689, records of Ada County, Idaho and also lying in a portion of the SWI/4
of Section 9, TAN., R.IE., B.M., Ada County, Idaho and being more particularly
described as follows:
Commencing at a found Brass Cap marking the Section Corner common to Sections 8, 9,
16. and 17, TAN., R. 1E., B. M., Ada County, Idaho; thence N.0°59'03"E. 702.10 feet
along the west boundary of said Section 9 to a point marking the SW Corner of said
Schmelzer Addition: thence N. 84°22'03"E. 281.86 feet (formerly N. 84*11'E. 281.89
feet) along the south boundary of said Schmelzer Addition to a point marking the SW
Corner of said Lot 4 of Schmelzer Addition; thence N.0° 48'007 90.70 feet (formerly
92.52 feet) along the west boundary of said Lot 4 of Schmelzer Addition to a set t/z" iron
pin lying on the southerly right of way of Aikens Road and also marking the NW Corner
of said Lot 4 of Schmelzer Addition; thence 5.89°12'00"E. 116.00 feet along the said
southerly right of way of Aikens Road to found 1/2" iron pin; thence S.0°48,00"W. 9.50
feet to point, said point marking the REAL POINT OF BEGINNING;
thence continuing S.0°48'OOW. 143.61 feet to found 5/8" iron pin marking an angle point
along the north boundary of Gleneagles Subdivision as recorded in Book 77 of Plats at
pages 8066 and 8067, records of Ada County, Idaho;
thence S.84°22'03"W. 5.03 feet along the said north boundary of Gleneagles Subdivision
to a point;
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KAPlanning DeptiEagle ApplicationsDAI998\DR-3-98 Ped Landscape easement.doc
thence N.0°48'OOE. 144.18 feet to a point;
thence S.89°12'00"E.5.00 feet to the point of beginning, containing 0.02 acres, more or
less.
SUBJECT TO:
Any additional easements or rights of way of record or in use as of the date this easement
is signed by the Grantor.
In addition, the first parties do hereby grant a temporary construction easement limited to
10 feet on each side of the permanent easement for the purpose of construction and
installation of the landscaping within the approved pedestrian easement. In consideration
for granting this easement, the Grantee shall protect and/or restore any damaged property
as a result of the construction of the aforementioned pedestrian pathway and landscaping.
IN WITNESS WHEREOF, the first parties do herby set their hands and seals this
day ofx Al- 2007.
Anderson, Owner
The Blue Moose Cafe, LLC
STATE OF IDAHO )
)ss
COUNTY OF ADA )
�
On this 13 ' _qday of , 2007, before me, a Notary Public in and for
said State. Personally appeared Marcy S. Anderson known to me to be the person whose
name is subscribed to the within instrument, and acknowledged to me that they 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.
01,
�OTAAr Z Notary Public for Idaho
G
Residing at:
s ptJ9L1 O •`�� My Commission Expires:
'•9'�F OF t��;.••'.
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KAPlanning Dept\Eagle Applications\Dr11998\DR-3-98 Ped Landscape easement.doc