Easement - Westover Lakes - 2/1/2006FEB. 1.2006 11:25AM EARL a ASSOCIATES
BOISE IDAHO 02101106 09;16 AM NO. 477
DEPUTY Ionnle OberbIll g 'Il I I II
RECORDED -REQUEST OP
Nagy Springcreek
GRANT OF EASEMENT
P.2/3
CITY OF EAGLE
FEB 0 2 2006
Fite.
KNOW ALL MEN BY THESE PRESENTS, that Nagy Springcreek, Llcut to.
Idaho limited liability company (Grantor) does hereby give and grant unto the -9F
EAGLE, an Idaho municipal corporation (Grantee), within Ada County, Idaho, for the
benefit of and for the use by the general public, an easement for temporary vehicular
parking for public sportsman access to the south channel of the Boise River, over, upon
and across the real property described in Exhibit "A" attached hereto and incorporated
herein by this reference. Said easement shall be perpetual, and may only be terminated by
a written instrument executed by Grantor and Grantee and recorded in the public records
of Ada County, Idaho,
In witness and execution whereof, Grantor has executed this instrument this
%— day of February, 2006.
NAGY SPRINGCREEK, LLC.,
An Id limited liability c y
By /�
Donald E..Knilrkrehm
It's. Manager
STATE OF IDAHO )
County of Ada ) r r
��II__ On this 1i- day of Rbruar l/ , 2006, before me,
l;�1f'1±? I)c 1/tA) Sp/ , a Notary Public in and for said State, personally
appeared DONALD E. KNICKRCHM, known or identified to me to be the Manager of
Nagy Springcreek, LLC, the within instrument or the person who executed the instrument
on behalf of said limited liability company and acknowledged to me that such limited
liability company executed the sante.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official
seal the day and year in this certificate first above written.
rCHRISTINE JOHNSON
NOTARY PUBLIC
STATE OF IDAHO
4
NOTARY P C for Idaho
Resident at 30%
My Commission expires: 6- )10 - OR-
FEB. 1.2006 11:25AM EARL & ASSOCIATES
NO.477 P.3,3
LEAMi 0 NERLESOINIe & NIVMIEVIE D 1 c.
PROFESSIONAL ENGINEERS, LAND SURVEYORS' & .PLANNERS
314 BAD2OLA STREET TELEPHONE; (2 OS) 454-0256
CALDWELL,IDAttO83605 FAX: (208) 454-0919
Email: jbeagley®einands.net
FOR: Nagy Springcreek, L,L.C.
JOB NO.: DE1304
RATE: January 31, 2006
RE: Public Sportsman Access Easement
EASEMENT DESCRIPTION
A strip of land being for a sportsman access easement located in a portion of Government Lot 1 of
Section 20, Township 4 North, Range 1 East, Boise Meridian, City of Eagle, Ada County Idaho,
more particularly described as follows:
Commencing at the NE comer of said Government Lot 1, (Section corner common to sections 16,
17, 20 and 21), said corner monumented with a 3 inch diameter brass disk;
Thence S. 2° 12' 27" W., a distance of 1086.77 feet along the easterly boundary of said
Government Lot 1 to a point;
Thence leaving the OAsttrrly boundary of said Govenament Lot 1, N. 88°49'42" W. a distance of
177.42 feet to the POINT OF BEGINNING of said sportsman access;
Thence N. 01°10'18" E., a distance of 73.23 feet to apoint;
Thence S. 88°49'42"E., a distance of 40,00 feet to a point;
Thence N. O1°10'18" E., a distance of 50.00 feet to apoint;
Thence N. 88°49'42" W., a distance of 60.00 feet to a point;
Thence S. 01°10'18" W., a distance of 123.23 feet to a point;
Thence S. 88049'42" E., a distance of 20.00 feet to the POINT OF BEGINNING of said
sportsman access easement,
This parcel contains 4,464 square feet more or less.
Also, SUBYECT TO: All existing road rights of way and easements of record and/or applied
appearing on the above-described parcel of land.
UNPLATTED
POINT OF
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PRESN CREEK SUBDIVISION
BOOK dS PAGE 9609 THRU 9B1
Par 0A TVA"
BK. , PG
WESTOVER LAKES SUBDIVISION
SITUATED IN A PORTION OF GOVERNMENT LOT 1 OF
SECTION 20, T.4N., R.1E., B.M. CITY OF EAGLE
SIA -r'OU4TY,.1D640..
RECEIVED AILED
CITY OF EAGLE
321466.24 0. 971E
A
ry
4' — .._i s'411r es'
4 W. , VER MEADOW DPd f)3
�.,.... 20E3T
SBBR7751V 384.88'
22 66,32.11-6>2200
531'5Ys'
SEE NOTE e
10
9 e
FEB 0 2 2006
File.
Route to.
0 50 100 200
Scale: 1.n/00'
LEGEND
8 Calculated point
• Found brass cap monument
• Set 5/8 Inch dia. x 30 inch Iron pin
w/plastic cap PLS 7732
o Found 5/8 inch dia. Iron pin PLS 7732
unless otherwise noted
• Set 1/2 Inch dia. x 24 Inch Iron pin
w/plastic cap PLS 7732
LN Reference monument
.c Witness comer
Block Number
— – – — Property boundary line
Lot Line
– – – – - - Easement Zine
378+Ian a. EAGLE — – Section line
----- Centerline S. Eagle Rood
3174037! PT a 9719 1> Record doto per Warranty Deed That no. 94102940
5¢ NOTE s 11 Record doto per Streamside Subdivision
<> Record data per Quiet Title Judgement lnst no. 8245559
EASEMENT DATA
V
'PLS 7016.
COTTONACCO CT.
UNPLA77ED
11.00' 06010A1ED TO
THE AMC AS ALAMO
MONT OF WAY
15476.03 CL FACIE
310990.18 PC CL EASE
301.07
211.19 PT Et EA=
3oeies.52 PC C EAGLE
.101+11.02 CC MILE
E 1/4 CAR
SEC 20/21
CPer 100082064
0 Centerline of a 16.V wide Chevron pipeline
easement recorded as Instr. No. 297547 in
the office of the Ada County Recorder.
et* 20.00' wide sanitary sewer easement
Nan, KOMI liteintlWd, tea.
Professional Engineers, land Surveyors & Planners
1111111
314 8adlola 87.• Caldwell, 81) 83600
(308) 454-0256
(208) 454-0979 Fax
DE1304002 1/37/08
SHEET 1 of 4
SUBDIVISION PLAT NOTES
1. Al lot lines, common to public right-of-way, and rear lot lines shall have a 12 foot wide Permanent
Utilities, Drainage, and irrigation Easement, unless otherwise dimensioned. However, this shall not preclude the
construction of proper hard surfaced driveways for access to each individual lot.
2. A 12 foot wide Permanent Public Utilities, Drainage, and irrigation Easement is designated to be centered
on interior lot lines.
3. The land within this plot is not within an Irrigation District as defined In Idaho Code 31-3805, an4 the
requirements in Idaho Code 31-3805 are not applicable.
4. The owner of each lot which an irrigation/drain ditch or pipe posses through is responsible for the
protection of such ditch or pipe.
5. All lot lines common to public right-of-way have o 12 foot wide Street Light Easement for the benefit
of the City of Eagle.
6. Lot 1 Block 2 is a common area storm drainage lot. Lots 1 and 4 Block 1, Lots 1, 4 and 12 Block 3
and Lot 1 frock 4 Ore common area lots all to be owned and maintained by the Westover Lakes Home
Owners Association. Landscape, pathway maintenance, and maintenance of said lots shall be the responsibility
of the Westover Lakes Hone Owner's Association.
7. This subdivision recognizes the Right to Farm Act, IDAHO CODE 22-4503. All properties shown on this plat
are Mooted in an agricultural zone. This is an area in which agricultural operations are ongoing and may
Include, but am not limited to, aerial spraying, the production of crops, the operation of feedlots, hog farms,
dairies, and/or growl pits. All of these activities may result In the production of noise and other
inconveniences. They may involve lights or the use of machinery in the nighttime hours or other
inconveniences. Ali owner. of property Identified on this plat are prohibited from challenging the
aforementioned operations if they are lawfully conducted.
8. Westerly right-of-way boundary of State Highway 55 (Engle Rood) Protect No. NH -F-3271(037) Highway
Survey, as shown on the plans thereof now on file in the office of the Idaho Transportation Department, and
as descrd,ed in that certain Warranty Deed to the State of Idaho recorded as instrument number 94013002.
9. Direct lot access to N. Eagle Rodd is prohibited unless specifically allowed by the Idaho Transportation
Department and the City of Eagle.
10. Sanitary sewer easement for the benefit of the Eagle Sewer District and the Westover Lakes Home
Owners Association. Also, said lot is a pathway easement and Is to be owned and maintained by the
Westover Lakes Home Owner's Association.
11. A 25 foot wide eosement granted to the City of Eagle recorded as Instrument 1105139590.
12. Additional Boundary Information see R.O.S. 6835 instr.j 105031566 as filed in the office of the Ado
County Recorder Boise Idaho.
13. An easement granted to the City of Eagle recorded as Instrument 1106016335.
14. A portion of this subdivision lien within the South Channel Boise River 100 year flood plain. For additional
flood way and flood plain information see FEMA flood zone map Panel No. 16001C0161H dated February 19,
2003.
15. Lot 1 Block 2 and portions of Lots 6, 7, 12, and 13 Block 2 am servient to and contain the ACHD
storm water drainage system. These lots are encumbered by that certain Master Perpetual Storm Water
Drainage Easement recorded as Instrument No. 104068411, official records of Ada County, and incorporated
herein by this reference as if set forth in full (the 'Master Easement.). The Master Easement and the stem
water drainage system ore dedicated to ACHD pursuant to Section 40-2302 Idaho code. the Master Easement
Is for the operation and maintenance of the storm water drainage syetem.
CITY OF EAGLE PLANNING AND ZONING NOTES
18. Any re -subdivision of this plot shall comply with the applicable Zoning Regulations in effect at the time
of the re -subdivision, or as allowed by conditional uses.
17. This subdivision Is subject to the requirements of the International Building Code (1.B.C.) as regulated by
the City of Eagle.
18. Any portion of a lot lying within the South Channel Boise River flood way shall be non -build portions of
the lot and no equipment or vehicles shall be stored, or any solid -face fences constructed, and no
encroachments, buildings, or other structures shall be built thereon, pursuant to Eagle City Code Section
10-1-8-5(0).
19. All new construction and substantial improvements of any residential structure shall have a finish floor
elevation of the lowest flow elevated to a minimum of two feet (2') above the base flood elevation.
20. All lots in this subdivision are subject to the restrictions, requirements and other provisions of the
Covenants, Conditions and Restrictions of the Westover Lakes Subdivision recorded in the Official Records of
Ada County, Idaho, and are liable for assessments levied pursuant thereto, pursuant to Eagle City Code
Section 10-1-8-5 (A) (2).
21. Minimum budding setback lines shall be in accordance with the City of Eagle Zoning Ordinance at the time
of issuance of the budding permit or as specifically approved.
22 Lots 2, 3, 7, 8, 9 and 11 of Block 3 have a 30' rear budding setback pursuant to Eagle City Code.
23. Lot 5, Block 3 has a 44' rear budding setback; Lot 6 Block 3 has o 37' rear budding setback; Lot 10,
Block 3 has a 30' reor budding setback along the northeasterly boundary and a 50' rear budding setback
from the most northerly boundary all pursuant to Eagle City Code Section 10-1-8-5 (D) (4). For additional
information see the Covenants, Conditions and Restrictions of the Westover Lakes Subdivision recorded in the
Official Records of Ado County, Idaho.
etc 0.q WqiMi.
BK. , PG
WESTOVER LAKES SUBDIVISION
SITUATED IN A PORTION OF GOVERNMENT LOT 1 OF
SECTION 20, T.4N., R.1E., B.M. CITY OF EAGLE
ADA COUNTY, IDAHO
2006
CURVE TABLE
curvy 480 ) RA7.51 11 ALyDDA5 DELTA ;onkel BRC 110440 C11.1I CI p
16
C2 429.055 55L.ib
C3 277.79 516.00
04 151.28 616.00
05 7988 ,0000
06 70.41 100.00
C7 157.33 175.00
08 26143 23000
C9 247. 230.00
CIO 11911 100000
Cit 173.16 490.00
012 98.06 490.00
013 63.80 490.50
C14 66.79 490.00
C15 6863 49000
C16 6633 126.00
01_7__ 32.32 '26.00
66.33 2600
019 2235 12600
C20 10077 201.00
C21 3956 25600
022 50.06 256.00
C23 27.00 25600
024 6477 15600
L C25 _ 211.11 25660
IC26 121.19 102600
027 257.45 542.00
026 35.81 54200
019 6831 541.00
037 59.11 7400
031 52.10 74.00
032 2241 149.00
C33 90.35 149.00
024 134.5/ 21.00
035 9608 204.00
036 10658 204.00
057 111.26 21.00
C35 89.87 974.001
C39 2517 974.00
C40 74.27 250.00
C41 189.16 23000
042 29561 114591
043 241.6J11159. fi
041 110.66 II, 9.16
045 39.33 11 l6
049 2600 41389.8.
49 89.47 256.00
1 050 18.85 680
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Professional Engineers, Land Surveyors & Planners
314 8adlda 60• Caldwell, ID 82606
(208) 454-0266
(208) 454-0979 Fax
0E1304002 1/31/06
SHEET 2 of 4
WESTOVER LAKES SUBDIVISION
CERTiF7CATE OF OWNERS
WE, NAGY SPRINGCREEK, LLC., an Idaho Limited Liability Company, being first duly swom,
depose and soy that we are the owners of WESTOVER LAKES SUBDIVISION more particularly
described in the legal description below, state that ft Is our Intention to include said property in
this subdivision plat, and that we do for ourselves, our heirs, transferees, successors and
assigns, do hereby dedicate, donate and convey to the public forever the public streets shown
on this plot. The easements as shown on this plat are not dedicated to the public. However,
the right to use said easements Is hereby perpetually reserved for public utlities and such
other uses as designated within this plot an4 no permanent structures other than those for
utility, Irrigation, or drainage purposes Is to be erected within the limits of said easements. The
owners further certify that all lots In this subdivision will receive domestic water from United
Water Idaho, and that United Water Idaho has agreed in writing to serve all of the
lots In this subdlvislon.
Westover Lakes Subdivision being a portion of Government Lot 1 of Section 20, Township 4
North, Range 1 East, Boise Meridian, City of Eagle, Ada County Idaho, more particularly described
as follows:
Commencing at the NE comer of said Government Lot 1. (Section comer common to sections
16, 17, 20 and 21), sold corner monumented with o 3 Inch diameter brass disk;
Thence S. 88' 45' 24' W., a distance of 1339.31 feet along the northerly boundary of said
Government Lot 1 to the NW comer of said Government Lot 1, sold comer being the NE
boundary comer of Streamsldde Subdivision as on file in Book 75 of Plats at Pages 7750 through
7754 In the Office of the Recorder of Ada County, Idaho, sold comer also being the POINT OF
BEGINNING and is monumented with a found 5/8 inch diameter Iron pin;
Thence N. 88' 45' 24' E., (formerly East), o distance of 133.98 feet along the northerly
boundary of said Government Lot 1 to a point;
Thence S. 73' 48' 07' E., (formerly S. 72' 35' E.), a distance of 137.28 feet to a point;
Thence S 57' 58' 07' E.. (formerly S 56' 45' E), a distance of 290.40 feet to a point;
Thence S. 41' 18' 07" E., (formerly S 40' 05' 5), a distance of 198.00 feet to a point;
Thence S 32' 23' 07' E., (formed), S. 31' 10' E), o distance of 287.10 feet to a point;
Thence S. 37' 58' 07' E., (formerly S 36' 45' 5), a distance of 244.20 feet to a point;
Thence S. 51' 18' 07' E.. (formerly S 50' 05' 5), a distance of 118.80 feet to a point;
Thence S 74' 53' 07' E., (formerly S. 73' 40' 5), a distance of 231.00 feet to a point;
Thence N. 86' 56' 53' E., a distance of 5.83 feet, (formerly N. 88' 10' E., a distance of 119.46
feet), to a point on the westerly right of way of State Highway 55, (Eagle Road) per Project
No. NH -F 3271(037), highway survey as shown on the plans thereof, now on Poe in the office
of the Idaho Transportation Department and recorded as a Warranty Deed, Instrument No.
96008689 In the Office of the Recorder of Ada County, Idaho. sold point lying 70.00 feet left,
(westerly) of station 318+10.71 of said highway survey,
Thence S 0' 58' 08' W, a distance of 24.96 feet, (formerly S 0' 57' 22" W.), along said
westerly right of way to a point of curvature, sold point lying 70.00 feet left, (westerly) of
station 317+85.75 of said highway survey,
Thence continuing along said westerly right of way a distance of 207.57 feet, (formerly 207.34
feet), along the arc of a 11,389.16 foot radius tangent curve right with a central angle of 1'
02' 39", (formerly 1' 02' 35 ), and tangents of 103.79 feet, the long chord of which bears 5. 1'
29' 27' W., (formerly S 1' 28' 40' W.), a distance of 207.57 feet, (formerly 207.34 feet), to a
point on the northerly boundary of a parcel of land described 1n Judgment for Quiet T81e
recorded as Instrument No. 8245559 in the Office of the Recorder of Ado County, Idaho. said
point lying 70.00 feet left, (westeriy) of station 315+76.93 of said highway survey and Is
monumented with a found 5/8 inch diameter iron pin;
Thence leaving said westerly right of way and Bong the northerly boundary of said Judgment for
Quiet Title and along the northerly boundary of Fresh Creek Subdivision as on Poe In Book 86 of
Plats of Pages 9809 through 9811 In the Office of the Recorder of Ada County, Idaho, the
fallowing courses and distances:
Thence S 88' 27' 15' W, (formerly S. 88' .32' 27' W.), o distance of 364.56 feet to a found
5/8 inch diameter Iron pin;
Thence S. 78' 33' 18' W., a distance of 225.15 feet, (formerly S.
225.20 feet), to a found 5/8 Inch diameter iron pin;
Thence S. 54' 24' 53" W., a distance of 245.70 feet, (formerly S.
245.54 feet), to a found 5/8 Inch diameter iron pin;
Thence S. 67' 37' 39' W., o distance of 355.03 feet, (formerly S.
355.09 feet), to a found 5/8 Inch diameter iron pin;
78' 31' 55' W., a dlstonce of
54' 26' 54' W, a distance of
67' 40' 18' W., a distance of
par 441:7__
BK. , PG
Thence S. 79' 11' 54' W., (formerly S. 79' 13' 20' W.), a distance of 183.38 feet to a point on
the easterly boundary of said Streamaide Subdivision, said boundary also being the westerly line
of Government Lot 1 extended per said Streamslde Subdivision, said point is witnessed N. 01' 10'
39' E., a distance of 0.98 feet with a found 5/8 Inch diameter iron pin;
Thence N. 1' 10' 39' E., a distance of 1507.07 feet, (formerly north, also formerly N. 1' 11' 32'
E., a distance of 1505.99 feet per said Streamside Subdivision), along the easterly boundary of
said Streomside Subdivision and along the westerly line of said Government Lot 1 extended to
the POINT OF BEGINNING.
Westover Loire, Subdivision contains 25.90 acres more or less.
Also, the above-described parcels ore SUBJECT TO all easements and rights-of-way of record
or implied.
By. Donald E. Knickrehm, Manager
NAGY SPRINGCREEK, LL.C.
ACKNOWLEDGMENT
STATE OF IDAHO 1 SS
COUNTY OF CANYON
Be it remembered that on this day of ...4 20_, before me,
the undersigned, a notary public in and for sod state, personally appeared Donald
E. Knickrehm, who is known or identified to me to be the manager of the Limited
Liability Company (L.L.C.) that executed the instrument or the person who
executed the instrument on behalf of said L.L.C., and acknowledged to me that
such L.L.C. executed the some.
In witness whereof, I hove hereunto set my hand and notarial seat the day last
above written.
Notary Public or
Residing of rj
Commission expires
CERTIFlCATE OF SURVEYOR
1, Richord A. Gray do hereby certify that 1 am o Professional Land Surveyor
licensed by the State of Idaho, and that this plat as described in the Owners
Certificate and the ottached plat, was drown from on actual survey mode by me
and accurately represents the points thereon.
I further certify that 1 mode this survey under the direction of the owner thereof
and Mot the survey is in conformity with the State of Idaho Codes relating to
plats and subdivision.
49...,a S. 6
Richard A. Gray
2/fore
P.L.S. License No. 7732
y
DEe30485.dc9 1/31/00
SHEET 3 of 4
WESTOVER LAKES SUBDIVISION
HEALTH CERTIFICATE
Sanitary restrictions as required by Idaho Code, Title 50 Chapter 13 have
been sotisified based on review by a Qualified Licensed Professional
Engineer (QLPE) representing City of Eagle, and a CAPE representing
United Water Idaho. the QLPE approval of the design plans and
specifications and the conditions imposed on the developer for continued
satisfaction of the sanitary restrictions. Buyer is cautioned that at the
time of this approval, no drinking water extensions or sewer extensions
were constructed. Building construction can be allowed with appropriate
building permits if drinking water extensions or sewer extensions have
since been constructed or if the developer is simultoneously constructing
those facilities. If the developer fails to construct facilities then the
sanitary restrictions may be reimposed, in accordance with Section
50-1326, Idaho Code, by issuance of a certificate of disopprovol, and no
construction of any building or shelter requiring drinking water or
sewer/septic facilities shall be allowed.
Officer '
Central District Health Department
•
APPROVAL OF ADA COUNTY HIGHWAY DISTRICT
The foregoing Plot was accepted and approved by the BOARD
OF ADA COUNTY HIGHWAY DISTRICT COMMISSIONERS on the
gTM day oft.Iav w 201E.
AtMMISSIONER
ADA COUNTY HIGHWAY DISTRICT
p�AYDis�,+r
APPROVAL OF CITY ENGINEER
1, THE UNDERSIGNED, CITY ENGINEER, in and for the City of Eagle,
Ada County, Idaho, Hereby Approve this plot.
City Engineer
Date
APPROVAL OF CITY COUNCIL
I, the undersigned, City Clerk in and for the City of Eagle, Ado County,
Idaho, do hereby certify thatt o regular meeting of the
City Council held on the _ doy ofl,J rbc 20PEthis
plot was duly accepted and approved.
odTG,
c, Eagle. Idaho
Ntt
BK. , PG
CERTIFICATE OF COUNTY SURVEYOR
1, THE UNDERSIGNED, PROFESSIONAL LAND SURVEYOR FOR ADA COUNTY,
IDAHO, Hereby Certify that I have checked this plat and find that it
complies with the STATE OF IDAHO code relating to Plats and Surveys.
Z.O/-06
Date
CERTIFICATE OF COUNTY TREASURER
1,;ynd.. R e,(rr County Treasurer in and for the County of Ado,
Stbte of Idaho, per the requirements of I.C.50-1308, do hereby certify
thot any and all current and/or delinquent County Property Taxes
for the property included in this proposed subdivision hove been paid
in full.
This certificate is valid for the next thirty (30) days only.
County TreasureaxL 1
CERTIFICATE OF COUNTY RECORDER
INSTRUMENT NO.7
STATE OF IDAHO )
COUNTY OF ADA j SS
I Hereby certify that this instrument was filed of the request of
ftelkj'_ t_Z3_ minutes past 1" O'clock 9ion—
this 7 doy of WiSk1N --I 20111, in my office and
was duly recorded in Book ti'{ of bats at Pages U4lCthru 114 -ns
DEPUTY
FEE: s 21.CA
EX—OFFICIO RECORDER
DE/J0485.dp 6/02/05
SHEET 4 of 4