Resolution - 2018 - 18-43 - Execution Of An Easement Agrt Btwn City And Itd, Two Rivers Pedestrian Pathway - 11/13/2018RESOLUTION NO. 18-43
A RESOLUTION OF THE CITY OF EAGLE, ADA COUNTY, IDAHO, APPROVING THE
EXECUTION OF AN EASEMENT AGREEMENT BETWEEN THE CITY OF EAGLE AND
THE IDAHO TRANSPORTATION DEPARTMENT; AUTHORIZING THE MAYOR AND
CITY CLERK TO EXECUTE AND ATTEST THE AGREEMENT; AND PROVIDING AN
EFFECTIVE DATE.
WHEREAS, the City of Eagle City Council is authorized and empowered to enter into
contracts to lease, acquire and convey real property and improvements pursuant to Idaho Code §
50-301 and 50-1401, et seq.
WHEREAS, The Idaho Transportation Department, hereafter called the State, has
submitted the Easement Agreement, STP -3270(105), Two Rivers Pedestrian Pathway, Ada
County, Key No. 9072 stating obligations of the State and the City of Eagle hereafter called the
City, regarding a pedestrian pathway easement; and
NOW, THEREFORE, BE IT RESOLVED, by the City Council of the City of Eagle, Ada
County, Idaho, as follows:
Section 1: The Easement Agreement, STP -3270(105), Two Rivers Pedestrian Pathway, Ada
County, Key No. 9072, a copy of which is attached to this Resolution as Exhibit "A", and
incorporated herein by reference, is hereby approved in all respects.
Section 2: The Mayor and City Clerk are hereby authorized to execute and attest,
respectively, the Easement Agreement on behalf of the City.
Section 3: This Resolution shall be in full force and effective as of the date of its passage,
approval and adoption.
Approved this 13 day of November, 2018
CITY OF EAGLE
Ada County, Idaho
Stan Ridgeway, Mayor
ATTEST:
Sharon K. Bergmann, MMC
City Clerk/Treasurer
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K 1CDUNCIL1Resolutionsldraft resoluttons\Res 18-43 ITD Two Rivers Pathway Easement Agreement doc
After recording return to:
Right of Way
Idaho Transportation Dept.
PO Box 7129
Boise ID 83707-1129
Project No. ST -3270(655)
Key No. 9072
Parcel No. 2
Parcel ID No. 42852
Exhibit "A"
Project No. STP -3270(105)
Key No. 2794
Parcel No. 68
Parcel ID No. 37258
EASEMENT AGREEMENT
THIS INDENTURE is made this day of November, 2018, between the STATE OF
IDAHO, IDAHO TRANSPORTATION DEPARTMENT, acting by and through the IDAHO
TRANSPORTATION BOARD ("Grantor"), whose principal address is 3311 West State Street,
Boise, Idaho 83703, and the CITY OF EAGLE, a municipality of the State of Idaho, its successors,
assigns and transferees ("Grantee"), whose principal address is 660 East Civic Lane, Eagle,
Idaho.
WHEREAS, Grantor owns certain property situated in Government Lot 1 of Section 20,
Township 4 North, Range 1 East, Boise Meridian, Eagle, Ada County, Idaho, identified as
Assessor Parcel Number S0520110175 consisting of approximately 5.420 acres, and Assessor
Parcel No. S0520110100 consisting of approximately 0.540 acres (combined, the "Property").
WHEREAS, pursuant to the terms and conditions contained herein, Grantor desires to
grant to Grantee an easement over and across Grantor's Property, consisting of a total of
approximately 0.353 acres (collectively, the "Easement"), more particularly described as
follows, to wit:
EXHIBIT A attached hereto and by this reference made a part hereof
Containing 5,586 square feet or 0.128 acres, more or Tess;
and
EXHIBIT B attached hereto and by this reference made a part hereof
Containing 9,784 square feet or 0.225 acres, more or less.
Together with all appurtenances, easements and rights of way.
RECORD AT THE REQUEST OF THE STATE OF IDAHO
FEE EXEMPT — I.C. 67-2301
Page 1 of 5
Project No. ST -3270(655)
Key No. 9072
Parcel No. 2
Parcel ID No. 42852
Project No. STP -3270(105)
Key No. 2794
Parcel No. 68
Parcel ID No. 37258
WHEREAS, Grantor and Grantee desire that the Easement be used for the purpose of
constructing and maintaining a pedestrian pathway ("Pedestrian Pathway") across the
Easement by Grantee, its agents, contractors, or transferees.
NOW, THEREFORE, for valuable consideration, the receipt and sufficiency of which are
hereby acknowledged, Grantor hereby grants to Grantee the right to go upon, occupy, and use
the Easement area legally described on EXHIBIT A and EXHIBIT B attached hereto and by this
reference made a part hereof, for the purpose of constructing and maintaining a Pedestrian
Pathway, subject to the following:
1. Grantee, its agents or transferees, shall have the right to use the Easement for
any and all purposes whatsoever not inconsistent with the Easement hereby granted.
2. Grantor, for itself and its successors and assigns, reserves the right to use the
Property for any and all purposes whatsoever not inconsistent with the Easement hereby
granted, including, but not limited to, the right to construct, maintain, repair, renew,
reconstruct, replace and operate present wetlands mitigation and other types of facilities on
said Property when deemed necessary or expedient to Grantor. Rights reserved shall be
exercised so as to not damage or interfere with the Pedestrian Pathway.
3. Grantee, its agents or transferees, shall have the right to perform any
maintenance it deems necessary or wishes to exercise in connection with the Pedestrian
Pathway, including, but not limited to, the right to construct, maintain, repair, renew,
reconstruct, replace and operate such Pedestrian Pathway on said Property, together with the
right and privilege of reasonable ingress and egress on normal established pathways to and
from Grantor's Property for said purposes.
4. Grantee agrees to provide at its sole cost and expense adequate drainage of
Grantor's Property in connection with construction and maintenance of said Pedestrian
RECORD AT THE REQUEST OF THE STATE OF IDAHO
FEE EXEMPT — I.C. 67-2301
Page 2 of 5
Project No. ST -3270(655)
Key No. 9072
Parcel No. 2
Parcel ID No. 42852
Project No. STP -3270(105)
Key No. 2794
Parcel No. 68
Parcel ID No. 37258
Pathway facilities and also agrees to reimburse Grantor for any and all expense incurred by it by
reason of any failure of Grantee to provide such drainage.
5. Grantee agrees to prohibit all parking along Eagle Road and assumes all
responsibility for the parking management relevant to the Property to include, but not limited
to, the control and enforcement of illegal parking along Eagle Road. Grantee acknowledges
that this Easement is not a grant of access to Eagle Road.
6. Grantee agrees to take every effort to ensure protection and mitigate of any
direct effects of the wetlands from installation, maintenance, repair and usage of the
Pedestrian Pathway. If Grantee or Grantor determines that the installation of additional
barriers to protect and discourage trail users from wandering is necessary, Grantee agrees, at
Grantee's expense, to install such barriers and/or signage as warranted and agreed upon by
Grantor.
7. The aforesaid Pedestrian Pathway shall remain in place as constructed or
installed for its intended purpose and shall not be removed or relocated by Grantor, its
successors and assigns, without the prior approval of Grantee, or its assigns.
ITIS EXPRESSLY INTENDED that these burdens and restrictions shall run with the land
and shall forever bind Grantor and Grantee and their successors and assigns.
(The remainder of this page left intentionally blank; signatures on following page.)
RECORD AT THE REQUEST OF THE STATE OF IDAHO
FEE EXEMPT — I.C. 67-2 301
Page 3 of 5
Project No. ST -3270(655)
Key No. 9072
Parcel No. 2
Parcel ID No. 42852
Project No. STP -3270(105)
Key No. 2794
Parcel No. 68
Parcel ID No. 37258
IN WITNESS WHEREOF, Grantor and Grantee have caused their names to be
hereunto subscribed this day of November, 2018.
GRANTOR:
IDAHO TRANSPORTATION DEPARTMENT
By:
JUSTIN POND
Right of Way Program Manager
GRANTEE:
CITY OF EAGLE
By:
STAN RIDGEWAY
5t,o/eri
Mayor, City of Eagle
RECORD AT THE REQUEST OF THE STATE OF IDAHO
FEE EXEMPT — I.C. 67-2301
Page 4 of 5
Project No. ST -3270(655)
Key No. 9072
Parcel No. 2
Parcel ID No. 42852
STATE OF IDAHO
County of ADA
ss.
)
Project No. STP -3270(105)
Key No. 2794
Parcel No. 68
Parcel ID No. 37258
On this day of November, 2018, before me, the undersigned, a Notary Public in
and for said State, personally appeared JUSTIN POND, known or identified to me to be the Right
of Way Program Manager for the STATE OF IDAHO, IDAHO TRANSPORTATION BOARD, by
and through the IDAHO TRANSPORTATION DEPARTMENT, and the person whose name is
subscribed to the foregoing instrument, and acknowledged to me that he executed the same
on behalf of the IDAHO TRANSPORTATION DEPARTMENT.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day
and year in this certificate first above written.
STATE OF IDAHO
) ss.
County of ADA
Notary Public for
Residing at
My Commission Expires
On this ?Ci day of November, 2018, before me, the undersigned, a Notary Public in
and for said State, personally appeared +igin i„ ACI& .&XL , known or
identified to me to be the M 0. Q D •
of the City of Eagle, and the person
whose name is subscribed to the foregoing instrument, and acknowledged to me that he
executed the same on behalf of the City of Eagle.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day
and year in this certificate first above written.
i
ELLEN M SMITH
COMMISSION #25743
NOTARY PUBLIC
STATE OF IDAHO
MY COMMISSION EXPIRES "'°3
rC
Notary Public for 17)A4
Residing at virjf f)/ r- 77)41
My Commission Expires /-/A, 20
RECORD AT THE REQUEST OF THE STATE OF IDAHO
FEE EXEMPT — I.C. 67-2301
Page 5 of 5
EXHIBIT 'A'
PARCEL DESCRIPTION Date: August 25, 2017
Project: Two Rivers Pathway Permanent Easement
A 25.00 foot wide strip of land being a portion of the parcel described in Warranty Deed
Instrument No. 104129587, Ada County Recorder, located in 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 northeast corner of said Section 20, monumented by a 3.5" brass
cap (Corner Record No. 113077815), from which the E1/4 corner of said Section 20,
monumented by a 3.5" brass cap (Corner Record No. 113077814), bears South 01°11'35"
West, a distance of 2626.03 feet;
Thence South 01°11'35" West, a distance of 227.40 feet;
Thence South 88°44'19" West, a distance of 48.04 to the northeast corner of the parcel
described in said Warranty Deed;
Thence continuing South 88°44' 19" West, coincident with the northerly line of said
parcel, a distance of 9.29 feet to the POINT OF BEGINNING;
Thence South 04°32'50'
Thence South 00°20' 18'
Thence South 43°53'42'
Thence North 69°34'42'
Thence North 78°24'29'
Thence North 86°12'53'
Thence North 01°11'35'
Thence South 86°12'53"
Thence South 78°24'29"
Thence South 69°34'42"
Thence North 43°53'42"
Thence North 00°20' 18"
Thence North 04°32'50"
' West, a distance 86.64 feet;
' East, a distance of 25.65 feet;
' West, a distance of 37.58 feet;
' West, a distance of 50.24 feet;
' West, a distance of 38.86 feet;
' West, a distance of 7.03 feet to the westerly line of said parcel;
' East, coincident with said westerly line, a distance of 25.03 feet;
East, a distance of 9.87 feet;
East, a distance of 42.49 feet;
East, a distance of 35.77 feet;
East, a distance of 11.03 feet;
West, a distance of 16.56 feet;
East, a distance of 85.16 feet to said northerly line;
Thence North 88°44' 19" East, coincident with said northerly line, a distance of 25.13 feet
to the POINT OF BEGINNING.
The above described parcel contains 5,586 square feet or 0.128 acres, more or less.
Together with and subject to covenants, easements, and restrictions of record.
The basis of bearings for this parcel is South 01°11'35" West between the northeast
corner and the E1/4 corner of said Section 20.
Kevin M. Borah, P.L.S.
End of Description
License No. 10561
SKETCH FOR LEGAL EXHIBIT
TWO RIVERS PATHWAY PERMANENT EASEMENT
A 25.00 FOOT WIDE STRIP OF LAND BEING A PORTION OF THE PARCEL DESCRIBED
IN WARRANTY DEED INSTRUMENT NO. 104129587
LOCATED IN GOVERNMENT LOT 1 OF SECTION 20, T. 4 N., R. 1 E., BOISE MERIDIAN,
CITY OF EAGLE, ADA COUNTY, IDAHO
2017
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2141 W. Airport Way, Ste 104
Boise, ID 83705
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N
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POINT OF
lur COMMENCEMENT
NE CORNER
SECTION 20
TWO RIVERS SUBDIVISION
N0. 12
BLOCK 21
in1
POINT OF
BEGINNING
N88'44'19"E 588'44'19"W
25'13 - 48.04'
\ _S88'44'19"W
ter- 9.29'
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NO'20'18"W In
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S86'12'53"E S69'34'42"E 16.56 M W
9.87' 35.77 z u, 1
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5,586 s. f.
E1/4 CORNER
SECTION 20
EXHIBIT 'B'
PARCEL DESCRIPTION Date: November 23, 2016
Project: Two Rivers Pathway Permanent Easement
A 25.00 foot wide strip of land being a portion of the parcel described in Warranty Deed
Instrument No. 97033920, Ada County Recorder, located in 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 northeast corner of said Section 20, monumented by a 3.5" brass
cap (Comer Record No. 113077815), from which the E1/4 corner of said Section 20,
monumented by a 3.5" brass cap (Corner Record No. 113077814), bears South 01°11'35"
West, a distance of 2626.03 feet;
Thence South 57°10'20" West, a distance of 572.56 feet to the southeasterly corner of
Lot 38, Block 21, Two Rivers Subdivision No. 12, Book 94, Pages 11517-11519, Ada
County Recorder;
Thence South 88°44'19" West, coincident with the southerly line of said Lot 38, a
distance of 47.64 feet to the POINT OF BEGINNING;
Thence South 34°39'37'
Thence South 46°43'25'
Thence North 78°25'03'
Thence North 55°33'59'
Thence North 68°03'50"
Thence North 85°30'58"
Thence South 65°27'31"
Thence South 77°41'43"
Thence North 81°18'54"
Thence North 78°03'54"
' East, a distance of 13.49 feet;
' East, a distance of 29.90 feet;
' East, a distance of 19.68 feet;
' East, a distance of 29.98 feet;
East, a distance of 28.27 feet;
East, a distance of 34.23 feet;
East, a distance of 40.21 feet;
East, a distance of 36.46 feet;
East, a distance of 42.23 feet;
East, a distance of 60.21 feet;
Thence South 86°12'53" East, a distance of 35.71 feet to the westerly line of the parcel
described in Warranty Deed Instrument No. 104129587;
Thence South 01°11'35" West, coincident with said westerly line, a distance of 25.03
feet;
Thence North 86°12'53" West, a distance of 33.39 feet;
Thence South 78°03'54'
Thence South 81°18'54'
Thence North 77°41'43'
Thence North 65°27'31'
Thence South 85°30'58"
Thence South 68°03'50"
Thence South 55°33'59"
Thence South 78°25'03"
Thence North 46°43'25"
Thence North 34°39'37"
' West, a distance of 57.47 feet;
' West, a distance of 47.57 feet;
' West, a distance of 43.77 feet;
' West, a distance of 36.42 feet;
West, a distance of 23.92 feet;
West, a distance of 21.70 feet;
West, a distance of 32.30 feet;
West, a distance of 37.71 feet;
West, a distance of 45.51 feet;
West, a distance of 32.62 feet to the southerly line of said Lot
38;
Thence North 88°44' 19" East, coincident with said southerly line, a distance of 29.95
feet to the POINT OF BEGINNING.
The above described parcel contains 9,784 square feet or 0.225 acres, more or less.
Together with and subject to covenants, easements, and restrictions of record.
The basis of bearings for this parcel is South 01°11'35" West between the northeast
corner and the E1/4 comer of said Section 20.
Kevin M. Borah, P.L.S.
End of Description
License No. 10561
SKETCH FOR LEGAL EXHIBIT
TWO RIVERS PATHWAY PERMANENT EASEMENT
A 25.00 FOOT WIDE STRIP OF LAND BEING A PORTION OF THE PARCEL DESCRIBED
IN WARRANTY DEED INSTRUMENT NO. 97033920
LOCATED IN GOVERNMENT LOT 1 OF SECTION 20, T. 4 N., R. 1 E., BOISE MERIDIAN,
CITY OF EAGLE, ADA COUNTY, IDAHO
2016
\\ 5' PATHWAY
{EASEMENT
BARBED
WIRE
FENCE
TWO RIVERS SUBDIVISION
NO. 12
BLOCK 21
LOT 38
\,N88'44'19"E_
\ 29.95'
\ r
LOT 41
– POINT OP
BEGINNING S88'44'1 911W
/47.64'
POINT OF —
COMMENCEMENT
NE CORNER
SECTION 20 0
N85'30'58"E S8612'53"E
34.23' 577'41'43"E 35.71'
SS2�, '36.46' ,54»�
¢ .?7, F 14811815/VEN7a•Q3
6Q.21'
42.23' .......6.5-2-Y.....
<i L2
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32.62'
N46'43'25"W
45.51'`
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Boise, ID 83705
208-342-5400
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s-18"2.5'11
37.71
S5533'59"W
32.30'`
f0.225 Ac.
s,78sa�•ia'a4"1+ Sia•°a�"w
57.47
47.57'
N77'41'43"W
_N65'27'31"W 43.77'
36.42'
S68'03'50"W _S85.30'58"W
21.70' 23.92'
LINE TABLE
LINE 11 BEARING DIST.
L1 S34'39'37"E 13.49
L2 S46'43'25"E 29.90
L3 N78'25'03"E 19.68
L4 N55'33'59"E 29.98
EI/4 CORNER 1
SECTION 20
S. EAGLE ROAD
ITD PARCEL
WARRANTY DEED
INST. NO.
104129587
Vo
iri
N
\_N8612'53"W
33.39'
NOT TO SCALE