Easement - Horseshoe Bend Road - 3/28/2006AOA COUNTY RECORDDAVID NAVAARO AMOUNT 12.00 4
BOISE IDAHO 03008 04:39 PM
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Title Ono 106047246
AGREEMENT NO. '74695
ROADWAY ACCESS EASEMENT AGREEMENT
THIS EASEMENT AGREEMENT made this 210 day of AbALI--- , 2006, by
and between the CITY OF EAGLE, an Idaho Municipal Corporation ("City"), and ADA
COUNTY, a duly organized and existing county under the laws and constitution of the State of
Idaho, ("County").
WITNESSETH
That COUNTY in consideration of the covenants and promises described in this
agreement and the sum of ten dollars ($10.00) and other valuable consideration does hereby
grant and convey unto CITY, its successors and assigns, a nonexclusive easement and right of
way, over the real property described below for the purpose of crossing said real property with a
roadway to access the Eagle Water Tank Site, conveyed to City contemporaneously herewith,
including therewith the right, as modified below, to enter upon the below described real property,
at all reasonable times, including ingress and egress thereto, at the sole expense of CITY, to
construct, maintain, operate, inspect, alter, replace, excavate, prepare, install, backfill, and repair
said access roadway, over and across the following described real property belonging to the said
COUNTY:
See Exhibit "A" attached hereto and made a part hereof by
reference.
COUNTY grants the easement described in Exhibit A to CITY and its successors and
assigns for so long as CITY shall use the aforesaid real property for any of the purposes
mentioned above. If CITY fails to use the aforesaid real property for such purposes for a
continuous period of one (1) year or more, the above-described real property shall automatically
revert to COUNTY and its successors and assigns without it being necessary for COUNTY and
its successors or assigns to take any affirmative action to effectuate the reverter.
ROADWAY ACCESS EASEMENT AGREEMENT -- PAGE 1
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CITY covenants with COUNTY, its successors and assigns, that after any maintenance,
inspection, replacement, excavation, preparation, installation, backfill, or repair activities, CITY
will keep said roadway in good repair, and at all times shall restore the surface of the ground not
covered by the roadway, including any paving and/or landscaping located thereon, to as good of
condition as when entered upon by CITY or its agents for so long as this easement shall be in
effect.
IN WITNESS WHEREOF, these presents have been executed by the undersigned this
day of MALI— , 2.006.
ATTEST:
avid Navarro, Ada ounty Clerk
STATE OF IDAHO )
) ss.
County of Ada )
COUNTY:
Board of Ada County Commissioners
By:
Rick Yzaguirr a man
By:
. Judy M. Peavey -Derr, Commi(sioner
Fred Tilman, Commissioner
By:
On this a Su' day of MA,u. J , 206‘ before me a notary public, personally
appeared Rick Yzaguirre, Judy M. Peavey -Derr, and Fred Tilman known or identified to me, to be
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T. = . Commissioners of Ada County, th f execs ted the said instrument, and acknowledged to
t�:TAda`'unty executed the same. ;
Notary public for Idaho
Commission Expires
CCESS EASEMENT AGREEMENT — PAGE 2
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"EB' -02-2006 THU 04:45 P11 Holladay Engineering
FAX M. 8422159 P. 02
BO' iIDIMORNS /EGRESSE SSIONT
A strip of land 80 feet wide lying within a portion of the NW1/4SW1/4 Section 2 and the
NE1/4SE1/4 Section 3, Township 4 North, Range 1 East, Boise Meridian, Ada County, Idaho, said
grip lying 40 feet an each side of the following described centerline:
COMMENCING at the quarter corner gammon to Sections 3 & 2, Township 4 North, Range 1
East, Boise Meridian;
thence along the north line of the sautiheast quarter of said Section 3, N B9°29'29" W 665.66
feet to a point on tha easterly right-of-way One of State Highway No. 55;
thence along the said tight -of -sway One 518°06'50' E 779.18 feet to the intersection of said
right-of-way line and the o:nterline of an easement described to Inst. No, 7917727, said polntteing
the POINT OP BEGINNING of said centerline;
thence N 60°15123" E 216.05 feet, along said easement centerline;
thence N 14°0323" E 234.20 feet, along said easement centerline;
thence N 16°4437" W 256.71 feet, along said easement centerline, to a 90.00 foot radius curve
concave southeasterly with a long chord bearing N 36°52'57" E 144.93 feet;
thence northeasterly 168.47 feet along said curve through a central angle of.1 17°15'08".to a •
point 40 feet south of, measured perpendicular to, the north line of said Section 3;
thence 5 89°2929" E 166.61 feet along a One parallel with, and 40.00 feet south of, the north
line of the southeast quarter of said Seco» 3, to a point on the east line thereof;
thence $ 89°40128" E 37354 feet along a line parallel with, and 40.00 feet south of, the north
line of the southwest quart- of said Section 2, to a 90.00 foot radius curve concave southwesterly
with a long chord beating S 71°17'01° E 56.79 feet;
thence southeasterly 57.78 feet along saki curve through a central angle of 36°46'55";
thence S 52°5333" E 13100 feet to the POINT OF TERMINUS.
EXCEP1ING THEREFROM all lands lying northeasterty of the easterly line of Ada County Lease
Area as shown on Record of Survey *3091 (Inst. No. 95046284).
The north and south sidelines at the west end of said
easement shall be shortened or extended to terminate at the said
easterly righb-of-way line.
The parcel of land to which this description applies contains
119,407 square feet (2.74 acres), more or less.
Bearings are based upon the Ada County lease Area as
shown on Record of Survey #3091 (Inst. No, 95006284).
G:WA021105jsirveyWO S -EGRESS EAMIENr.dae
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Prepared by:
Dean ]. Coon, PLS, EIT
Holladay Engineering Co.
page 1of1
EASEMENT EXHIBIT
WITHIN THE NW4SW1 OF SECTION 2 AND NE4SE4 OF SECTION 3,
TOWNSHIP 4 NORTH, RANGE 1 EAST, B.M., ADA COUNTY, IDAHO
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LEGEND, ABBREWA flONS
R tar CASEMENT
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SCALES 1 WOt . T00 FEET
EXHIBIT CITY OF EAGLE
FOR:
▪ HOLLADAY ENGINEERING CO.
- CONSULTANTS
32 N. UM P.O. SOX 235 PAItTTE. ID 53581
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