Easement - Williamson across island to N side of South Channel - 2/13/2001�, fti
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ASSIGNMENT OF ACQUIRED EASEMENT NO. 421
THIS INDENTURE made this day of Ii-lbr, 2001, 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. 421, Ada County Recording No. 97000502, attached hereto and
marked "Exhibit A."
Grantor grants all of its rights, title, and interest in the property described in
Easement No. 421 to Grantee and its successors and assigns.
IN WITNESS WHEREOF, these present have been executed by the undersigned
"day of �eih r 2001.
ASSIGNMENT OF EASEMENT NO. 421 - PAGE 1
Obocc\easement 421.doc
GRANTOR:
Board of Ada
M-
MY Commissioners
Chairman
Sharon M. Ullman, Commissioner
By:
G.P. Kingsford, Co issioner
ATTEST:
David Navarro, Ada County Clerk
STATE OF IDAHO )
...............................................
ss.
County of Ada )
On this
%3 day of I;Chr&Wj 2001, before me, a Notary Public,
personally appeared Roger D. Simmons, S on M. Ullman, and G.P. Kingsford, 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.
'00144k . eu-0--m. 1
* 4w.l * Notary Public for Idaho
aftL1G Commission Expires
ASSIGNMENT OF EASEMENT NO. 421 - PAGE 2
nAboccleasement 421 Am
r
STATE OF IDAHO
ACQUIRED EASEMENT NO. 421
KNOW ALL MEN BY THESE PRESENTS that SYLVAN D. and BARBARA A.
WILL=MSON, husband and wife, whose- address
is P.O.Box
23, ADA
8agla Idaho 83616, (Grantors), do hereby gig
COUNTY, a political subdivision of the State of Idaho at 650 Main
Street, Boise, Idaho 83702 (Grantee), non -exclusively for use by
the general public, a greenbelt easement which can be a paved
path for pedestrian, horses, andon-motorized
aaccess.tible Subject
to the Grantors use for any Purpose
easement herein granted and to existing easements, reservations,
matters of public record and those matters setInc.orth in the D.
Agreement dated May 3, 1993, between Monroe,Ivan
Williamson and Barbara .andlliamson other matters set forthstherein.g
rights, security fencing
The foregoing grant of easement is subject to existing
grazing, access and ditch rights by Williamsons or their
successors in interest over the adjoining Monroe property.
Unless agreed otherwise, this easement is granted subject to
the condition that any public entity constructing or maintaining
greenbelt improvements such as a paved bike path will also at
their expense provide and maintain stands �eenbelt security
fencing (as described for the easement on the s bank of North
Channel of the Boise River recorded
Instrument No. to protect the Williamson property. In the
event such improvements and security fencing are constructed,
then fencing will be gated at a location and of sufficient width
to accommodate the access road utilized by Williamson and Pioneer
Irrigation District over Monroe land,
nd to The greenbelt the exercise
by Williamsons of their grazingrights.
path will
also be culverted at the locations of existing ditches to allow
free flow of irrigation water to the Williamson property.
It is further provided that the North/South greenbelt
easement will not be improved or available for public access for
a period of thirty (30) years as long as the aacent property is
owned by members of the Williamson's family andjWised for
agricultural and ranching purposes
There are no implied easements across the Grantors' land to
access this easement nor does either party guarantee any access
to this easement.
A strip of land of land twelve and one half (12.50) feet
wide, all lying west of the following described centerline:
Commencing at the southwest corner of Section 15, Township 4
North, Range 1 East, Boise Meridian, thence South 890471171' East,
he south
a distance to thsaid
e2southeast cornertof Government Lot ary f
Lot S(SW;fSW"4)
Section 15
EXHIBIT
State of Idaho
Acquired Easement No. 421
Page 2 of 3
of said Section 15, said corner marked by a 5/8 inch iron pin,
said point being the REAL POINT OF BEGINNING; thence North
0042125" East, 693.00 feet along the east boundary of said
Government Lot 5 to a point on the ordinary high water line on
the left (south) bank of the North Channel of the Boise River and
being the terminus of this segment of the easement;
Also;
Thence returning to the REAL POINT OF BEGINNING; thence
South 1014132" West, a distance of 1,661.90 feet along the east
boundary of Government Lot 4 (NWXNW3() of Section 22, Township 4
North, Range 1 East, Boise Meridian, to a point on the ordinary
high water line on the right (north) bank of the South Channel of
the Boise River, said point being the terminus of said centerline
and easement, the area described above containing 0.68 of an
acre, more or less..
It is understood and agreed that Monroc, Inc. will provide a
12.50 foot wide greenbelt easement along their west property
boundary which shall be contiguous with said easement. If said
easement by Monroc, Inc. is never granted, this easement shall be
null and void. Further provided that in the event that the
landowner to the east of the Williamson's property grants an
alternative greenbelt easement traversing north and south over
Eagle Island, this easement will terminate and be vacated for the
benefit of the Williamson's land upon recordation of such
alternate easement.
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.
It is understood and agreed that from this time forward, as
of the date this document is executed by the Grantor, the
easement location will change and coincide with any changes of
the left (south) bank of the North Channel of the Boise River and
the right (north) bank of the South Channel of the Boise River,
no matter if the change is a sudden or avulsive change or a slow
and imperceptible change in the course of the river. Further
provided that any surveying for the purpose of re-establishing
the high water mark of the river and the easement boundary shall
be at the expense of the public. entity.
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 under all conditions herein
described.
r
State of Idaho .
Acquired Easement No. 421
Page 3 of 3
IN WITNESS WHEREOF, SYLVAN D. and BARBARA A. WILLIAMSON,
husband and wife, have caused these presents to be duly executed
by their signatures.
ATTEST:
STATE OF IDAHO )
ss.
COUNTY OF ADA )
As Party of the First Part
"1—:1e 1!5�. A-/
BARBARA A. WILLIAMSON
On this day of 1996,
before me, a Notary Public in and for saidl State of Idaho,
personally appeared SYLVAN D. WILLIAMSON and BARBARA A.
WILLIAMSON, husband and wife, known or identified to me to be the
;p0rsons-whose names are subscribed to the within instrument and
edged to me that they executed the same.
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y' NOTAAtY PUBL or Idaho
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' My Commission expires:
97000502
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