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Easement - Idaho Department of Lands - 2023 - North Channel Boise River - Bike/Ped Bridge over N. Channel of Boise River RECEIVES FILED i ED CITY OF E ,� 'COUNT RECORDER Trent Tripple 2023-022036 APR 2 7 r��E iOF I i HCgs=9 HEATHER LUTHER 04/17/2023 01:37 PM Filer_ [ — 'I'f %0 FEE This is to certify that this is a true and Routo to: �71 II I I II I I'I I'II'll I I'I I I I"II I I II I I I'I I I I III ,;Opy of this document,the original of which is on — 01247313202300220360090094 ith �ah�opartment of Lan s(1 L).IDL Representative Date IDAHO DEPARTMENT OF LANDS) 300 N.6th St.,Suite 103 PO Box 83720 Boise, Idaho 83720-0050 Phone(208)334-0200 Fax(208)334-3698 STATE OF IDAHO EASEMENT NO. ES600136 THIS EASEMENT ("Easement"), made this q�4 day o&/ 20) by and between the STATE BOARD OF LAND COMMISSIONERS, whose administrative agency is the IDAHO DEPARTMENT OF LANDS, whose mailing address is 300 North 6th Street, Suite 103, P.O. Box 83720, Boise, Idaho 83720-0050 ("Grantor"), and CITY OF EAGLE, a municipal corporation organized and operating under the laws of the State of Idaho, whose mailing address is 660 E Civic Lane Eagle, ID 83616 ("Grantee"). WITNESSETH: That for and in consideration of a one-time administrative fee in the amount of THREE HUNDRED DOLLARS ($300.00), lawful money of the United States of America, receipt whereof is hereby acknowledged, Grantor does hereby grant to Grantee, and its successors and assigns, a non-exclusive easement for the purpose of constructing, using, and maintaining a pedestrian green belt bridge over the Boise River situated in Ada County, State of Idaho, and is more particularly described as follows (and may hereinafter be referred to as the "Easement Area"): [See Exhibit A, attached hereto and incorporated herein by reference] The Easement Area contains 7,065 square feet, more or less. Subject to the following terms and conditions: A. General: 1 . This Easement may be assigned only with the prior written consent of Grantor. Grantee must use the prescribed form issued by Grantor and pay the required easement assignment fee. Such consent shall not be unreasonably withheld. IDAHO DEPARTMENT OF LANDS 300 N. 6th St., Suite 103 PO Box 83720 Boise, Idaho 83720-0050 Phone(208)334-0200 Fax(208)334-3698 STATE OF IDAHO EASEMENT NO. ES60/0136 I THIS EASEMENT ("Easement"), made this V lk day of I 203, by and between the STATE BOARD OF LAND COMMISSIONERS, whose administrative agency is the IDAHO DEPARTMENT OF LANDS, whose mailing address is 300 North 6th Street, Suite 103, P.O. Box 83720, Boise, Idaho 83720-0050 ("Grantor"), and CITY OF EAGLE, a municipal corporation organized and operating under the laws of the State of Idaho, whose mailing address is 660 E Civic Lane Eagle, ID 83616 ("Grantee"). WITNESSETH: That for and in consideration of a one-time administrative fee in the amount of THREE HUNDRED DOLLARS ($300.00), lawful money of the United States of America, receipt whereof is hereby acknowledged, Grantor does hereby grant to Grantee, and its successors and assigns, a non-exclusive easement for the purpose of constructing, using, and maintaining a pedestrian green belt bridge over the Boise River situated in Ada County, State of Idaho, and is more particularly described as follows (and may hereinafter be referred to as the "Easement Area"): [See Exhibit A, attached hereto and incorporated herein by reference) The Easement Area contains 7,065 square feet, more or less. Subject to the following terms and conditions: A. General: 1. This Easement may be assigned only with the prior written consent of Grantor. Grantee must use the prescribed form issued by Grantor and pay the required easement assignment fee. Such consent shall not be unreasonably withheld. State of Idaho Easement No. ES600136 Page 2 of 9 2. The terms and conditions of this Easement shall be binding on the successors and assigns of the respective parties. 3. The boundary lines of the Easement Area shall be extended or shortened to begin on, end on, and conform to the ordinary high-water mark of the Boise River. B. Limited Purpose: 1. If Grantee desires to use the Easement Area for an additional or different purpose than the one specified herein, then Grantee shall make a request in writing to Grantor. If approved, in Grantor's discretion, this Easement shall either be amended, or canceled and replaced by a new easement. 2. Grantee may allow its agents, licensees, and contractors, hereinafter referred to as "Permittees", to exercise the rights granted herein. 3. This Easement does not give Grantee authority to permit third-party use of the Easement Area for any purpose. Only Grantor may authorize third-party use. Grantor may permit third-party use only on the condition that such use shall not materially interfere with Grantee's rights as hereby authorized. Third-party use is herein defined as those wanting use of the Easement Area other than the Permittees of Grantee. C. Grantee's Covenants: 1. Grantee, and its Permittees, shall comply with all applicable federal, state, and local laws, regulations and ordinances, and with all applicable state administrative rules. 2. Grantee shall take measures for prevention of the spread of noxious weeds and invasive species through the inspection of any and all equipment proposed to be utilized within the navigable waters and riparian areas during the installation, use and maintenance of a pedestrian green belt bridge over the Boise River. 3. The legal description for the Easement Area was provided by Grantee, who assumes full responsibility for its intended use within the described Easement Area. Grantor assumes no responsibility for an inaccurate legal description. D. Pedestrian Green Belt Bridge: 1. Pedestrian green belt bridge is to be constructed and maintained in such a manner that it will not obstruct, hinder, or affect navigation, recreation, or other authorized and customary use of the Boise River. 2. All underground facilities may be abandoned in place only with the prior written approval of Grantor. Otherwise, all underground facilities shall be removed by Grantee upon termination of this Easement for any reason. State of Idaho Easement No. ES600136 Page 3 of 9 E. Indemnification: 1. Grantee shall indemnify, defend, and save harmless Grantor, its officers, agents, employees, and volunteers from and against any and all liability, claims, damages, losses, expenses, actions, settlements, attorneys' fees, and suits whatsoever caused by, arising out of, or in connection with Grantee's acts or omissions under this Easement, or Grantee's failure to comply with any state or federal statute, law, regulation or rule. 2. Upon receipt of Grantor's tender of indemnity and defense, Grantee shall immediately take all reasonable actions necessary, including, but not limited to, providing a legal defense for Grantor, to begin fulfilling its obligation to indemnify, defend, and save harmless Grantor. Grantee's indemnification and defense liabilities described herein shall apply regardless of any allegations that a claim or suit is attributable in whole or in part to any act or omission of Grantor under this Easement. However, if it is determined by a final judgment that Grantor's negligent act or omission is the sole proximate cause of a suit or claim, then Grantor shall not be entitled to indemnification from Grantee with respect to such suit or claim, and Grantor, in its discretion, may reimburse Grantee for reasonable defense costs attributable to the defense provided by any Special Deputy Attorney General appointed pursuant to the following provision. 3. Any legal defense provided by Grantee to Grantor under this section must be free of any conflict of interest, even if retention of separate legal counsel for Grantor is necessary. Any attorney appointed to represent Grantor must first qualify as and be appointed by the Attorney General of the State of Idaho as a Special Deputy Attorney General pursuant to Idaho Code §§ 67-1401(13) and 67-1409(1). F. Grantor's Reservations: 1. Grantor reserves unto itself, the right and privilege to use the Easement Area for any and all purposes deemed necessary or desirable in connection with the control, management, administration, and use of Grantor's lands. 2. Grantor reserves the right to grant additional easements over, under, across or along the Easement Area. Any additional easement shall not materially interfere with the rights and privileges hereby authorized to Grantee. 3. Nothing in this Easement shall be construed as binding Grantor to perform beyond its legal authority, or to expend any monies in excess of appropriations or authorized funds available for such purposes. G. Termination: 1. The Easement Area, or any segment or portion thereof, not used for five (5) consecutive years for the purpose for which it was granted, or construction not completed State of Idaho Easement No. ES600136 Page 4 of 9 within five (5) years from the date of this Easement for the purpose for which it was granted, shall be presumed abandoned. Grantor shall notify Grantee in writing if the Easement Area is considered abandoned and will terminate this Easement if notification of use of the Easement Area is not received within thirty (30) days from the date of notification. 2. If at any time Grantee determines that the Easement Area, or any segment or portion thereof, is no longer needed for the purposes granted, then Grantee shall furnish to Grantor a statement in recordable form confirming termination of the Easement. 3. Grantor may, at its option, terminate this Easement for breach of any of the terms of this Easement, and/or pursue any other remedy available at law or in equity to enforce the terms of this Easement. If termination occurs, the director of Grantor shall notify Grantee in writing of the termination. Grantee shall have thirty (30) days from the date of notification of termination to appeal to the director for reinstatement. H. Authority: This Easement is issued by the authority of the Rules for Easements on Submerged Lands and Formerly Submerged Lands (IDAPA 20.03.09). I. Additional Provisions: This Easement is non-exclusive and is subject to any pre-existing instruments and rights. J. Acceptance: USE OF THIS EASEMENT OR THE EASEMENT AREA BY GRANTEE CONSTITUTES ACCEPTANCE OF THE EASEMENT AND AGREEMENT TO BE BOUND BY THE TERMS HEREOF. [Signatures follow] State of Idaho Easement No. ES600136 Page 5 of 9 IN WITNESS WHEREOF, Grantee has caused these presents to be duly executed by its name and title. CITY OF EAGLE Dated: Lzoz3 AS N PIERCE, Mayor STATE OF ��O ) ) ss. COUNTY OF ) On this L*X" day of , 2023, before me a notary public in and for said state, personally appeared JASOIN PIERCE, known or identified to me to be the Mayor of the CITY OF EAGLE, a municipal corporation organized and operating under the laws of the State of Idaho, that executed the instrument or the person who executed the instrument on behalf of said municipal corporation, and acknowledged to me that said municipal corporation executed the same. IN WITNESS WHEREOF, I have hereunto set my hand and seal on the day and year written above. TRACY E. SBORN ' � &A - COMMISSION#27120 NOTARY IC for NOTARY PUBLIC Residing STATE OF IDAHO MY COMMISSION EXPIRES My CO mIS on expires: State of Idaho Easement No. ES600136 Page 6 of 9 IN WITNESS WHEREOF, the State Board of Land Commissioners has executed this instrument as set forth below. STATE BOARD OF LAND COMMISSIONERS President of the State Board of Land Commissioners and Governor of the State of Idaho Countersigned: Secretary of State of Idaho �� i a:� T '& Director'of the Idaho Depar ent of Lands STATE OF IDAHO )ss. COUNTY OF ADAQ ) On this , 4day of vd 2023, before me, a Notary Public in and for said State, personally appeared BRAD LITTLE, as the President of the State Board of Land Commissioners and Governor of the State of Idaho, that executed the within instrument, and acknowledged to me that he executed the same as said President and Governor, and that the State Board of Land Commissioners and the St�$ff v ft, e;uted the same. M*,QS 11�F}IEREOF, I have hereunto set my hand and seal on the day and year last above dc; °watte • ' t;OTAR Y Z 6 PUBLIC rot '•,�`PT� 121'S as ).�� Notary b for State o daho •,,TE OF 1 t My Co ion Expires: STATE OF IDAHO ) )ss. COUNTY OF ADA '/ ) On this '7 0 day of 92023, before me, a Notary Public in and for said State, personally appeared PHIL MCGRAINE, as Secretary of State of Idaho, that executed the within instrument, and acknowledged to me that he executed the within instrument as said Secretary of State and that the State Board of Land Commissioners and the State of Idaho executed the same. IN Al* ,,,' EOF, I have hereunto set m and and seal o the day and year last above written. ��•' ti.• No,'s (seo) tAOTARr°; = o ublic for State of Idaho My Commission Expires: pf1BLXCoN P•,,9TF, F,1� 0 State of Idaho Easement No. ES600136 Page 7 of 9 STATE OF IDAHO ) )ss. COUNTY OF ADA ) On this /s day of AYGK 2023, before me, a Notary Public in and for said State, personally appeared DUSTIN T. MILLER, the Director of the Idaho Department of Lands and Secretary of the State Board of Land Commissioners, and acknowledged to me that he executed the within instrument as said Director and Secretary, and that the State Board of Land Commissioners and the State of Idaho executed the same. IN WITNESS WHEREOF, I have hereunto set my hand and seal on the day and year last above written. TIMOTHYA COX COON#20191252 Notary Public for State of Idaho NOTARY PUBLIC My Commission Expires: (� STATE OF IDAHO State of Idaho Easement No. ES600136 Page 8 of 9 Exhibit A Legal Description and Plat T-O ENGINEERS September 8,2021 Project No.:200138 EXHIBIT"A" EAGLE FOOT BRIDGE BOISE RIVER CROSSING EASEAfLEh'T An easement over the North Channel of the Boise River, located in the NE 1/4 of Section 17, Township 4 North, Range 1 East, Boise Meridian,City of Eagle,Ada County, Idaho, more particularly described as follows COMMENCING at the comer common to Sections 8,9,16,and 17 of said Township 4 North,Range 1 East from which the East One-Quarter comer of said Section 17 bears S.00'55'49"W.,2641.00 feet, thence,along the east line of said Section 17, A) S_00'55'49"W.,2067.32 feet;thence,leaving said east line, B) N.89'04'11"W.,34.88 feet to the Ordinary High Water line of the south bank of said Boise River, being the POINT OF BEGINNING,thence,along said south bank, 1) N.83'03'52`W.,40.22 feet;thence,leaving said south bank, 2) W00'54'51"E.,127.62 feet;thence, 3) NA7'48'39"W.,28.95 feet;thence, 4) N.00'WOWE.,37.96 feet to the Ordinary High Water line of the north bank of said Boise River,thence,along said north bank, 5) S_52'21'25-E.,77.81 feet;thence,leaving said north bank, 6) S.00'54'51-W.,142.36 feet to the POINT OF BEGINNING. CONTAINING:7,065 square feet,more or less. IL LA kp 4� �GiSrf 12460 'r 91cs1>'�Y/ c r�� or I'400 F.C`U4E t �471 5 Titan um Ptace i Merid'an,ID 836421 P 208323.2288 i to-ergineers.ccm State of Idaho Easement No. ES600136 Page 9 of 9 EXHIBIT "C" SKETCH FOOT BRIDGE RIVER CROSSING EASEMENT L'D-:A I ED IN fHE NE IA OF SECTION 17,TOWNSHIP 4 NORTH,RANGE 1 EAST,BOISE MERIDIAN, CITY OF EAGLE,ADA COUNTY, IDAHO 2021 08 09 CPF 114016981 9 17 16 A. 01 4a w lea VIAL LAl�DA / 12460 ,�!r' '�. ID s�91ob7a�s1 a OFIV& >:: C �l O LINE TABLE POB deO�SFR/� LINE BEARING DISTANCE L11 N89b4'17`W 34.88' L12 N83'03'52"W 40.22' L13 N47'48'39"W 28,95' L14 N00'DD'DO'E 37.96' L15 S5221'25'E 77.81' L16 S52'21'25"E 71.91' 4 LEGEND CPF 20'9-005150 _ = ORDINARY HIGH WATER LINE SECTION LINE ww RIGHT—CF—WAY LINE — — — — — PERMANENT EASEMENT ®— PERMANENT EASEMENT. 7,065 SO- FT ————————— TEMPORARY EASEMENT _ TEMPORARY EASEMENT, 14.631 SQ. FT 0 FOUND ALUMINUM CAP M FOUND 5/8- IRON ROD T■O ENGINEERS • FOUND 1/2- IRON ROD q 2471 S.TITANIUM PLACE n CALCULATED POINT MERIDIAN,IDAHO83642 © PHONE QN)323-22ee WWW.TO-ENGINEEKS.COM