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Resolution - 2016 - 16-36 - Vacate Drainage Easement Colony Ii Subdivision - 12/13/2016ADA COUNTY RECORDER Christopher D. Rich 2017-002270 BOISE IDAHO Pgs=8 HEATHER LUTHER 01/09/2017 04:27 PM CITY OF EAGLE NO FEE 11/11111 111111 1111111111111111111111111 VIII 11111 00318110201700022700080089 RESOLUTION No. 16-36 A RESOLUTION OF THE EAGLE CITY COUNCIL TO VACATE A DRAINAGE AND IRRIGATION EASEMENT LOCATED WITHIN LOT 2, BLOCK 4 (COLONY II SUBDIVISION) AS SHOWN ON THE ATTACHMENTS HERETO; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, Stan Ray, requested a vacation to the final plat ofColony II Subdivision to remove an irrigation and drainage easement located within Lots 2, Block 4 (Colony II Subdivision); and WHEREAS, On October 3, 2016, the Commission recommended approval of the vacation (VAC - 02 -16), with conditions, to the Council; and WHEREAS, Legal notice of the City Council hearing on the vacation was published in the Valley Times on September 26, 2016, and October 3, 2016; and WHEREAS, On October 11, 2016, the City Council held a public hearing on the proposed vacation (VAC -02-16), and voted to approve the vacation with conditions; and WHEREAS, The City Council required the applicant provide a copy of the Drainage District No. 2 executed addendum to the license agreement, as attached hereto, be provided as an exhibit to the vacation resolution (Exhibit A) WHEREAS, The City Council hereby finds that the proposed vacation complies with the provisions of Section 50-1306A of the Idaho Code, "Vacation of Plats- Procedure", and Section 9-6-2 of Eagle City Code, "Vacations and Dedications". NOW THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE CITY OF EAGLE, IDAHO. The Eagle City Council hereby vacates the irrigation and drainage easements on Lot 2, Block 4, of the final plat of Colony II Subdivision, as considered, heard and approved by the Council at itsOctober 11. 2016, public hearing for application number VAC -02-16 and as shown on the attachments hereto (Exhibit B). This Resolution shall be in full force and effect immediately upn its adoption and approval. ADOPTED by the Council of the City of Eagle, Idaho, thisl3th day of December, 2016. CITY OF EAGLE Ada County, Idaho ••.••� EAGLF ''•. U : O •� ' ,r STATE GF ••••. jR K. BERGMAN, CITY CLERK/TREASURER K %C0UNCILULesolutions\2016%l6-36 Stan Ray Vacation - Colony 11-doc ADA COUNTY RECORDER Christopher D. Rich 2016.098192 EXHIBIT A BOISE DRAINAGE IDAHO P s= LI 2A BATT 10113/2016 06:25 AM NO FEE MIA mm 00286664201600 818 0060061 ADDENDUM TO LICENSE AGREEMENT ADDENDUM TO LICENSE AGREEMENT, made and entered into this < day of 2016, by and between DRAINAGE DISTRICT NO. 2, a drainage district organized and existing under and by virtue of the laws of the State of Idaho (District), and STANLEY J. RAY, a married man, whose address is 4544 Park Lane, Ste. A, Eagle, ID 83616 (hereinafter referred to as "Licensee"), is made with reference to the following facts: The District and Licensee's predecessor entered into a certain License Agreement dated August 2, 2000, recorded as Instrument No. 100062812. The purpose of the License Agreement is to permit Licensee to construct and install a roadway N. Cove Colony Way across the District's drain (Drain No. i 0) and to discharge overflow irrigation water into the District's drain from Colony II Subdivision located northeast of the intersection of Park Lane and Highway 44 in Eagle, Ada County, Idaho. The District and Licensee's predecessor entered into an Addendum to License Agreement dated October 2, 2002, recorded as Instrument No. 200247764. The purpose of said Addendum is to permit Licensee to pipe an additional portion of the District's drain and to construct and install grass landscaping with the District's easement. Licensee now desires an Addendum to said Agreements to permit and approve of Licensee's shift the District's easement to construct and install a pressurized irrigation line within the District's easement. Execution of this addendum in accordance with these facts will affect or change the terms of said License Agreement and prior Addendum. NOW, THEREFORE, for and in consideration of the premises and of the covenants, agreements and conditions hereinafter set forth and those set forth in the License Agreement and prior Addendum referred to above naming the parties hereto as parties, the parties agree as follows: 1. Licensee's real property consists of Lot 2 Block 4 of Colony If Subdivision, and as more particularly described in the Warranty Deed attached to this Addendum as Exhibit 1 and by this reference incorporated herein. Accordingly, this Addendum modifies and amends the License Agreement and prior Addendum only with respect to the real property owned by Licensee referenced herein Exhibit 1. 2. Said License Agreement and prior Addendum are hereby amended to approve and permit Licensee to shift the District's easement where it crosses Licensee's property. The prior License Agreement ADDENDUM TO LICENSE AGREEMENT - PAGE 1 and prior Addendum provided that the District's easement for the piped drain through Licensee's property is 50 feet, 25 feet to either side of the centerline of said pipe. However, following the execution of this Addendum the parties agree that the District's easement where it crosses Licensee's property shall be 15 feet to the north of the piped drain and 35 feet to the south of the piped drain. The new easement dimensions are depicted in Exhibit 2 attached hereto and by this reference incorporated herein. The purpose of shifting the District's easement is to allow Licensee to construct a new building and foundation 15 feet to the north of the District's drain. As a further condition of shifting said easement and allowing the building and its foundation 15 feet from the District's drain, and in addition to all other indemnification provisions contained herein, Licensee acknowledges and agrees that the District shall not be liable for any damages to the building or its foundation as a result of cracks, breaks for leaks from the pipe and Licensee shall indemnify, defend and hold harmless the District from any claims or damages relating to cracks, breaks or leaks from said pipe. 4. Licensee shall continue to be allowed to plant grass landscaping and sprinklers (specifically excluding trees) within the District's easement. In addition, said License Agreement and prior Addendum are hereby modified to allow Licensee to construct and install a pressure irrigation line parallel to the District's drain and within the District's easement. The location of said pressure irrigation line is depicted in Exhibit 2. Finally, the District agrees that License shall be allowed to overlay a public utility easement within the District's easement. Said utility easement shall be at the south 12 feet of the District's easement and as shown in Exhibit 2. No public utilities are planned within said easement and Licensee or said public utilities shall notify the District in writing prior to the construction or installation of any future utilities in the District's easement. Licensee shall notify the Superintendent of the District prior to and immediately after construction so that he or the District's engineers may inspect and approve construction. 6. Any construction authorized by this Addendum shall be completed within one year of the date of this Addendum. Time is of the essence. Said License Agreement and prior Addendum are hereby affirmed and shall remain in full force and effect except as modified by this Addendum. Licensee acknowledges and agrees that it is bound by the covenants, conditions and agreements contained in said License Agreement and prior Addendum. ADDENDUM TO LICENSE AGREEMENT - PAGE 2 8. The Licensee agrees to pay reasonable attorney fees and recording fees for preparation and recording of this Addendum. 9. The covenants, conditions and agreements contained herein and in said License Agreement and prior Addendum shall constitute covenants to run with, and running with, all of the lands of Licensee in paragraph i of this Addendum, and shall be binding on each of the parties hereto and on all parties and all persons claiming under them or either of them, and the advantages hereof shall inure to the benefit of each of the parties hereto and their respective successors and assigns. IN WITNESS WHEREOF, the District and Licensee have hereunto caused their names to be subscribed as of the day and year herein first above written. DRAINAGE DISTRICT NO.2 ay _A Its Preside ATTEST: qe-'--T� STATE OF IDAHO ) ss: County of Ada ) On this 6 day of ���06Q-i , 2016, before me, the undersigned, a Notary Public in and for said State, personally appeared ( p/_otk and C[#4 -k— , known to me to be the President and jYtat+.�, respectively, of DRAINAGE DISTRICT NO. 2, the drainage district that executed the foregoing instrument and acknowledged to me that such drainage district 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. Rrrrr�r�t4 •` Notary Public Idaho �pTAR�. Residing at _ _ Qui S , Idaho My Commission Expires: M ADDENDUM TO •L _ ENT- PAGE 3 STANLEY J. RAY, a married man, Stanley J. ay STATE OF IDAHO ) ss. County of ) On this day of, 2016 before me the undersigned, a Notary Public in and for said State, personally appeared STANLEY J. RAY, the individual that executed the foregoing instrument and acknowledged to me that he 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. ;oTAR'y PUBLIC ADDENDUM TO LICENSE AGREEMENT - PAGE 4 Notary Public for Residing at My Commission Expires:_ ADA COUNTY RECORDER Christopher D Rich 2015-039777 BDISE IDAHO Pgs=1 LISA BATT D511112015 01:11 PM STEWART TITLE - EMERALD OFFICE S1000 to arr°t title, WARRANTY DEED For Value Received Colony Park Association, Inc,, an Idaho non-profit corporation, the Grantor, hereby grants bargains, sells, conveys and warrants unto Stanley J. Ray, a married man, the Grantee, whose current address is 4544 Park Ln, Ste A, Eagle, ID 83616, the foliowing described premises, to wit: Lot 2 in 81ock 4 of.QQ.(n r _ I� according to the official Plat thereof, filed in Book 81 of Plats at Page 8743-8745, records of Ada County, Idaho. Parcel Number: 81523660070 SUBJECT TO: Current General Taxes, a lien in the process of assessments, not yet due or payable. Easements, restrictions, reservations, provisions of record and assessments, if any. TO HAVE AND TO HOLD, the said premises, together with the appurtenances, unto the said Grantee and to its heirs and assigns forever. And the said Grantor does hereby covenant to and with the said Grantee, that it is the owner in fee simple of said premises, that said premises are free from all encumbrances and that he/she/they will warrant and defend the same from all lawful claims whatsoever. Dated this 11th day of May, 2015 COLONY P RK ASO IATION, INC i�r d Polrbt� President State of Idaho ss. County of Ada On this 11th day of May, 2015, before me, the undersigned, a Notary Public, in and for said State, personally appeared grad Robertson, known to me, and/or identified to me on the basis of satisfactory evidence, to be the President, of the entity that executed the instrument and that the foregoing instrument was signed on behalf of said entity by authority of a resolution of it's board of directors and acknowledged to me that such entity executed the same. - WI ► E5 W HAND A D OFFICIAL SEAL 1 Notary Public: Paula Thomas Residing at: Meridian; Idaho My commission expires: November 10, 2016 File Number: 01496-10926 Warranty Deed ID Exhibit PAULA THOMAS NOTARY PUBLIC STATE OF IDAHO Page 1 of 1 Jwyl a OWN siwo>raNeriir;iH j g t Amu I4. pil Exhibit 'L 2M H co H Z X W LiLZ m q) 41 L 00 0�_ �Noto o _00 P !� to z° w o I W 4i o yo a�0 v �Q ` m m� m J Ir �2 aSd', �,mvl OR OtL = z rn `° a1j 3 '00 ,epy'yb z a p m Z F U V% Or g " a w z< o-� } W Fmi c CJ g - � N cn a N � � U Q g `e rn o d I I ' II � II a 0 °� oa �o v 0 E II azu U C) aux pq Qo ,C9 S Al d W �K a Q E 0 F �1 -11, o I rc a IIS „F I ` ,£s•ss II „ OJ — — ddM AV070,- 9 O0 '�( — II II